South Australia

   Criminal Law Consolidation (General) Regulations 2006

   under the Criminal Law Consolidation Act 1935

   Contents
   1 Short title
   3 Interpretation
   3A Prescribed occupations--aggravated offences
   4 Prescribed objects
   5 Notice to admit facts--prescribed form of warning

   Legislative history

   1--Short title

   These regulations may be cited as the Criminal Law Consolidation
   (General) Regulations 2006.

   3--Interpretation

   In these regulations--

   Act means the Criminal Law Consolidation Act 1935.

   3A--Prescribed occupations--aggravated offences

   (1) For the purposes of section 5AA(1)(k)(ii), emergency work is a
   prescribed occupation or employment.

   (2) In this regulation--

   accident or emergency department of a hospital means the part of a
   hospital dedicated to the hospital's major accident and emergency
   functions, including those areas of the department used for
   administrative, waiting, reception, storage, diagnostic, treatment,
   consultation, triage and resuscitation functions and the access bays
   for ambulance and police;

   emergency means an event that causes or threatens to cause--

   (a) the death of, or injury or other damage to the health of, any
   person; or

   (b) the destruction of, or damage to, property; or

   (c) a disruption to essential services or to services usually enjoyed
   by the community; or

   (d) harm to the environment, or to flora or fauna;

   emergency services provider means--

   (a) South Australian Country Fire Service; or

   (b) South Australian Metropolitan Fire Service; or

   (c) South Australian State Emergency Service; or

   (d) SA Ambulance Service Inc; or

   (e) St John Ambulance Australia South Australia Incorporated; or

   (f) Surf Life Saving South Australia Incorporated; or

   (g) a body or organisation that is a member of Volunteer Marine
   Rescue--South Australia Incorporated; or

   (h) the accident or emergency department of a hospital;

   emergency work means work carried out (whether or not in response to an
   emergency) by or on behalf of an emergency services provider.

   4--Prescribed objects

   (1) For the purposes of section 32A of the Act, a prescribed object is
   an object that would, on impact with a vehicle, cause severe damage to
   the vehicle or harm (whether directly or indirectly) to an occupant of
   the vehicle (but does not include soft fruits, vegetables or eggs).

   Examples--

   (a) rocks;

   (b) bricks;

   (c) lumps, blocks or pieces of clay or concrete;

   (d) sizeable or heavy pieces of metal or metal objects;

   (e) sizeable or heavy pieces of wood;

   (f) glass bottles;

   (g) filled cans or plastic containers.

   (2) In this regulation--
   harm has the same meaning as in section 21 of the Act.

   5--Notice to admit facts--prescribed form of warning

   For the purposes of section 285BA(3) of the Act the prescribed form of
   warning to be included in a notice under section 285BA is as follows:

   You are not required to admit these facts, but if you are convicted,
   the Court is required to take an unreasonable failure to make an
   admission in response to this notice into account in fixing sentence.

   You would unreasonably fail to admit facts if, for example, you claimed
   privilege against incriminating yourself as a reason for not making the
   admission and made the prosecution prove facts which were not seriously
   contested at your trial.

   Legislative history

   Notes

   o Please note--References in the legislation to other legislation or
   instruments or to titles of bodies or offices are not automatically
   updated as part of the program for the revision and publication of
   legislation and therefore may be obsolete.

   o Earlier versions of these regulations (historical versions) are
   listed at the end of the legislative history.

   o For further information relating to the Act and subordinate
   legislation made under the Act see the Index of South Australian
   Statutes or www.legislation.sa.gov.au.

   Formerly

   Criminal Law Consolidation (Section 32A Prescribed Objects) Regulations
   2006

   Principal regulations and variations

   New entries appear in bold.

   Year
       No
          Reference
                                  Commencement
   2006
       223
          Gazette 7.9.2006 p3173
                                  10.9.2006: r 2
   2007
       16
          Gazette 1.3.2007 p680
                                  1.3.2007: r 2
   2007
       314
          Gazette 13.12.2007 p4883
                                  13.12.2007: r 2

   Provisions varied

   New entries appear in bold.

   Entries that relate to provisions that have been deleted appear in
   italics.

   Provision
            How varied

                                                                 Commencement

   r 1
            varied by 16/2007 r 4

                                                                   1.3.2007

   r 2
            deleted by 16/2007 r 5

                                                                   1.3.2007

   r 3A
            inserted by 314/2007 r 4

                                                                  13.12.2007

   r 5
            inserted by 16/2007 r 6

                                                                   1.3.2007

   Historical versions

   1.3.2007