South Australian Consolidated Acts

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NATIVE VEGETATION ACT 1991 - SECT 33A

33A—Appointment of authorised officers

        (1)         The Minister may appoint an officer or employee of the Crown or a local council to be an authorised officer for the purposes of this Act.

        (2)         An appointment of an authorised officer—

            (a)         must be in writing; and

            (b)         must be for a fixed term; and

            (c)         may be subject to conditions; and

            (d)         may be in respect of the whole State or any specified part of the State.

        (3)         Each authorised officer must be issued with an identity card that—

            (a)         includes a photograph of the authorised officer; and

            (b)         includes a statement about the authorised officer's powers under this Act; and

            (c)         in the case of an authorised officer who has been expressly authorised by the Minister to issue directions under section 31E—expressly states that fact; and

            (d)         if the appointment is in respect of part of the State only—states the part of the State in respect of which the authorised officer is appointed.

        (4)         The identity card must be issued as soon as is reasonably practicable after the appointment is made (but an authorised officer is not prevented from exercising powers under this Act just because an identity card is yet to be issued).

        (5)         An authorised officer must, if requested to do so, produce evidence of his or her appointment by providing a copy of his or her notice of appointment, or by showing his or her identity card for inspection, before exercising the powers of an authorised officer under this Act in relation to any person.

        (6)         The Minister may, at any time, vary or revoke an appointment which he or she has made, or vary or revoke a condition of an appointment or impose a further condition in relation to an appointment.

        (7)         No civil or criminal liability attaches to an authorised officer or a person assisting an authorised officer for an act or omission by the authorised officer or by a person assisting the authorised officer in good faith and in the exercise, performance or discharge, or purported exercise, performance or discharge, of any power, function or duty under this Act.

        (8)         A civil liability that would, but for subsection (7), lie against an authorised officer or assistant lies instead against the Crown.



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