South Australian Consolidated Acts

ESSENTIAL SERVICES ACT 1981 - SECT 5

5—Minister may take over etc the provision of essential services

        (1)         If, during a period of emergency, it is, in the opinion of the Minister, in the public interest to do so, the Minister may—

            (a)         provide, or assist in the provision of, a proclaimed essential service; or

            (b)         provide, or assist in the provision of, a service in substitution for a proclaimed essential service.

        (2)         For the purpose of providing, or assisting in the provision of, a service under subsection (1), the Minister may—

            (a)         employ at not less than award rates such persons as the Minister thinks fit; and

            (b)         enter into such contracts or arrangements as the Minister thinks fit.

        (3)         The Minister may, with the consent of the Governor, apply money from the Consolidated Account for the purpose of satisfying liabilities incurred by the Minister in the exercise of powers under subsection (1) or (2), and this subsection is, without further appropriation, a sufficient authority for that purpose.

        (4)         The Minister may, by instrument in writing served upon the owner of property that is necessary to enable the Minister to exercise powers conferred by subsection (1), requisition that property.

        (5)         An instrument of requisition under subsection (4) may be served on a person—

            (a)         by personally serving the instrument, or a copy of the instrument, on the person; or

            (b)         by posting the instrument, or a copy of the instrument, to the person; or

            (c)         by transmitting by facsimile transmission the instrument, or a copy of the instrument, to a facsimile number or the facsimile numbers provided by the person (in which case the instrument will be taken to have been served on the person at the time of transmission).

        (6)         Where a person to whom a requisition under subsection (4) is addressed refuses or fails to make available for use by the Minister any of the person's property to which the requisition relates, the person is guilty of an offence.

Maximum penalty:

If the offence is committed by a body corporate—$10 000.

If the offence is committed by a natural person—$1 250.

        (7)         Where property has been requisitioned by the Minister under this section, the Minister, or an agent of the Minister, may take the property, exercising any necessary force in order to do so, and may use the property in the exercise of powers conferred by subsection (1).

        (8)         At or before the end of a period of emergency, property requisitioned by the Minister must be returned to the owner and the Minister is liable to compensate the owner—

            (a)         for damage to, or deterioration of, the property occurring while it was in the possession of the Minister; and

            (b)         for loss suffered by the owner in consequence of deprivation of the use of his or her property.