South Australian Consolidated Acts South Australian Consolidated Acts (1) A person may,
before the expiration of thirty days from the date of his discharge from a
police station or, as the case may be, from a sobering-up centre, apply to a
court of summary jurisdiction, constituted of a special magistrate, for a
declaration that at the time of his detention he was not under the influence
of a drug or alcohol.
(2) Where, in
proceedings under this section, the court is satisfied that the applicant was
not under the influence of a drug or alcohol at the time of his detention
under this Part, it shall make a declaration accordingly.
(3) In any proceedings
under this section, the person by whom the applicant was detained, and the
person by whom the applicant was apprehended, shall be entitled to appear.
(4) A declaration made
under this section in relation to the detention of a person does not establish
that the detention was unlawful.