South Australian Consolidated Acts

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ESSENTIAL SERVICES ACT 1981 - SECT 9

9—Exemptions

        (1)         The Minister may, by instrument in writing, grant an exemption from the provisions, or any specified provisions of this Act, or from any specified direction given under this Act in respect of—

            (a)         any specified person or class of persons;

            (b)         any specified part or parts of the State;

            (c)         any specified class of actions.

        (2)         The Minister may, by instrument in writing, vary or revoke an exemption under subsection (1).

        (3)         An exemption under this section may be granted upon such conditions as the Minister thinks fit and specifies in the instrument of exemption.

        (4)         A person who intentionally or recklessly contravenes a condition of an exemption granted to the person under this section is guilty of an offence.

Maximum penalty:

If the offence is committed by a body corporate—$120 000.

If the offence is committed by a natural person—$20 000.

        (4a)         A person who contravenes a condition of an exemption granted to the person under this section is guilty of an offence.

Maximum penalty:

If the offence is committed by a body corporate—$20 000.

If the offence is committed by a natural person—$5 000.

        (4b)         If in proceedings for an offence against subsection (4) the court is not satisfied that the defendant is guilty of the offence charged but is satisfied that the defendant is guilty of an offence against subsection (4a), the court may find the defendant guilty of the latter offence.

        (5)         Notice of an exemption granted under this section, and of the variation or revocation of any such exemption, must be published in the Gazette, or in a newspaper circulating generally throughout the State, as soon as reasonably practicable after it takes effect.



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