South Australian Consolidated Acts South Australian Consolidated Acts (1) Subject to
subsection (1a), an offence against this Act is a summary offence.
(1a) An offence
against this Act for which the maximum penalty prescribed by this Act is a
division 1 fine is a minor indictable offence.
(2) Proceedings for an
offence against this Act cannot be commenced except upon the complaint
of—
(a) an
authorised officer; or
(b) a
member of the staff of the Department; or
(c) the
chief executive officer of a local council; or
(d) a
member of the police force; or
(e) a
person acting on the written authority of the Minister.
(2a) An apparently
genuine document purporting to be under the hand of the Minister and to
authorise the commencement of proceedings under this Act must be accepted in
legal proceedings, in the absence of proof to the contrary, as proof of an
authorisation under subsection (2)(e).
(3) Proceedings for an
offence against this Act must be commenced within one year after the date on
which the offence is alleged to have been committed.
(4) Where a person is
convicted of an offence against this Act and after that conviction the act or
omission of the person that constituted the offence continues, that person is
guilty of a separate and further offence in respect of each day during which
the act or omission continues.
Penalty: Division 10 fine for each separate and further offence.