South Australian Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

UNIVERSITY OF SOUTH AUSTRALIA ACT 1990 - SECT 25

25—Power to make by-laws

        (1)         The Council may make, alter and repeal by-laws for all or any of the following purposes:

            (a)         to prohibit persons from trespassing on the University grounds, and to provide for the removal of trespassers from those grounds by persons authorised in writing by the Council; and

            (b)         to prevent damage to the University grounds (including any fixtures, chattels, trees, shrubs, bushes, flowers, gardens and lawns on those grounds); and

            (ba)         to provide for the recovery by the University on complaint compensation for any damage done to the University grounds or any property of the University; and

            (c)         to regulate the speed at which vehicles may be driven on the University grounds; and

            (d)         to prohibit dangerous or careless driving of vehicles on the University grounds; and

            (e)         to restrict or prohibit the driving of any vehicle on the University grounds according to the laden weight of the vehicle or any part of the vehicle; and

            (f)         to prescribe the route to be followed by traffic on roads, ways or tracks within the University grounds, and the gates to be used for the entrance and exit of vehicles and pedestrians, and to require the observance of one-way traffic rules on specified roads, ways or tracks; and

            (g)         to prohibit or regulate the parking of vehicles on the University grounds, and to provide for the removal of vehicles from the University grounds; and

            (h)         to require drivers or persons in charge of vehicles on the University grounds to comply with traffic directions (which may include directions as to the speed of vehicles, the course and direction of vehicles, the parking or standing of vehicles, and other matters required for order or safety); and

                  (i)         generally to regulate traffic of all kinds on the University grounds; and

            (j)         to prohibit disorderly or offensive behaviour on the University grounds and to provide for the removal from those grounds of persons guilty of disorderly or offensive behaviour in the contravention of the by-laws by persons authorised in writing by the Council; and

            (k)         to regulate, restrict or prohibit the bringing of animals onto the University grounds and the handling of animals while within the grounds; and

            (l)         to regulate, restrict or prohibit within the University grounds the consumption or use of alcoholic liquor, tobacco or other substances, and the bringing of alcoholic liquor, tobacco or other substances onto those grounds, and to provide for the removal of intoxicated persons from those grounds by persons authorised in writing by the Council; and

            (m)         to provide for the seizure and confiscation of alcoholic liquor, tobacco or other substances that have been brought onto the University grounds in contravention of a by-law by persons authorised in writing by the Council; and

            (n)         to prevent persons from climbing on fences or buildings, or walking over gardens or lawns; and

            (o)         to regulate the conduct of meetings on the University grounds; and

            (p)         to prevent the interruption of lectures, classes or meetings by noise or unseemly behaviour (whether within or outside buildings) and to prevent undue noise from motor vehicles; and

            (q)         to prescribe fees for the parking of motor vehicles on the University grounds and provide for the recovery of those fees; and

            (r)         to fix expiation fees, not exceeding $80, for alleged offences against the by-laws; and

            (s)         to prescribe fines, not exceeding $1 250, for contravention of any by-law; and

            (t)         to prescribe any other matters expedient for the maintenance of good order on the University grounds or for the protection of property or for the prevention of hindrance to or interference with any activities conducted on the University grounds.

        (2)         A by-law operates generally throughout the University grounds unless its operation is expressly or by necessary implication limited to a particular part or particular parts of the University grounds.

        (3)         The Council may only make a by-law—

            (a)         at a meeting of the Council of which at least 14 days prior notice has been given in writing to each member of the Council setting out the proposed by-law; and

            (b)         on a resolution supported by a majority of the total number of the members of the Council.

        (4)         A by-law must be transmitted to the Governor for confirmation.

Note—

A by-law cannot come into operation until confirmed by the Governor—see section 10(7) of the Subordinate Legislation Act 1978 .

        (5)         To avoid doubt, the Subordinate Legislation Act 1978 applies to a by-law made under this section.

        (6)         Offences against by-laws are summary offences.

        (7)         The statutes may provide for proceedings against students or staff of the University in respect of offences against the by-laws to be heard and determined by a board of inquiry established under the statutes and for appeals against decisions of that board of inquiry in respect of any such offences to be heard and determined by an appellate committee established under the statutes.

        (8)         An allegation in a complaint that any specified place is within the University grounds will be taken to be proved in the absence of proof to the contrary.

        (9)         In any proceedings relating to an offence against a by-law an allegation in the complaint that a specified person was the owner or driver of a specified vehicle on a specified day will be taken to be proved in the absence of proof to the contrary.

        (10)         If, in any proceedings relating to an offence against a by-law, it is proved that a vehicle was parked in the University grounds in contravention of a by-law it will be presumed, in the absence of evidence to the contrary, that the vehicle was so parked by the owner of the vehicle.

        (11)         Despite a provision of any other Act—

            (a)         any fine (being a fine imposed by a board of inquiry established under the statutes) recovered in respect of an offence against a by-law; and

            (b)         any expiation fee paid in relation to an expiation notice issued for an alleged offence against a by-law,

will be paid to the University.

        (13)         In this section—

"driving", in relation to a vehicle, includes riding.



[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]