Adelaide Dolphin Sanctuary Regulations 2020

These regulations may be cited as the

Adelaide Dolphin Sanctuary

Regulations 2020.

These regulations come into operation on

1 September 2020.

In these regulations, unless the contrary intention appears—

Act means the Adelaide Dolphin Sanctuary

Act 2005.

For the purposes of section 11(5)(b) and (7)(a) of the Act, the bodies specified in

Schedule 1 are prescribed.

The grounds of an application for a warrant under section 29 of the Act made personally must be verified by affidavit.

If an application for a warrant is made by telephone—

the applicant must inform the magistrate of the applicant's name and identify the position that the applicant holds for the purposes of the Act, and the magistrate, on receiving that information, is entitled to assume, without further inquiry, that the applicant holds that position;

and

the applicant must inform the magistrate of the purpose for which the warrant is required and the grounds on which it is sought;

and

if it appears to the magistrate from the information given by the applicant that there are proper grounds to issue a warrant, the magistrate must inform the applicant of the facts that justify, in the magistrate's opinion, the issue of the warrant, and must not proceed to issue the warrant unless the applicant undertakes to make an affidavit verifying those facts;

and

if the applicant gives such an undertaking, the magistrate may then make out and sign a warrant, noting on the warrant the facts that justify, in the magistrate's opinion, the issue of the warrant; and

the warrant is taken to have been issued, and comes into force, when signed by the magistrate; and

the magistrate must inform the applicant of the terms of the warrant; and

the applicant must, as soon as practicable after the issue of the warrant, forward to the magistrate an affidavit verifying the facts referred to in paragraph (c).

A magistrate by whom a warrant is issued must file the warrant, or a copy of the warrant, and the affidavit verifying the grounds on which the application for the warrant was made, in the Magistrates

Court.

For the purposes of section 32(3) of the Act, any circumstance involving the exercise of a statutory power by a public authority in an emergency situation is prescribed.

For the purposes of sections 34(5)(a), 36(5)(a) and 37(8)(a) of the Act, the prescribed rate of interest per annum on an unpaid amount will be the prime bank rate for any financial year for which the amount remains unpaid.

In this regulation—

prime bank rate for a particular financial year means the corporate loan reference rate applied by the Commonwealth Bank of

Australia for corporate lending on the first trading day of the Bank in that financial year.