Registration of interstate orders
59 Registration of interstate orders
The
Minister may register an interstate order.
On registering an interstate order under this section, the Minister must ensure that any details specified in the regulations relating to the registration of interstate orders under this section are recorded on the copy or extract of the order and in the Register (as the case requires).
As soon as possible after registering an interstate order, the Minister must ensure that a notice is served on the person who is the subject of the order.
The notice must inform the person—
that the relevant interstate order has been registered under this section; and
that the registration of the order does not take effect until 14 days after the notice is served on the person; and
that from the time the registration takes effect, a contravention of the order in South Australia is an offence.
The registration of an interstate order registered under this section takes effect 14 days after notice is served in accordance with subsection (4) on the person to whom the order relates.
A person who is the subject of an interstate order that is registered under this section must comply with the order.
Maximum penalty:
in the case of a body corporate—$100 000;
in the case of an individual—$20 000.
Subsection (6) applies even if the order is varied after it is registered.
However, if an interstate order is varied after it is registered to create a new obligation on the person to whom the order relates, proceedings against the person in respect of a contravention of that obligation must not be started unless the person had notice of the obligation before the contravention occurred.
In proceedings for an alleged offence against subsection (6)—
production of a certificate apparently signed by the Minister stating that an interstate order was registered on a specified date is proof, in the absence of proof to the contrary, of the registration under this section of the order; and
production of a certificate apparently signed by the interstate Minister setting out the terms of the interstate order at a particular date is proof, in the absence of proof to the contrary, of the terms of the order on that date.
In this section—
corresponding law means a provision of a law of another State or a Territory prescribed by the regulations as a corresponding law for the purposes of this section;
interstate order means a court order made under a corresponding law;
Register means a register kept for the purposes of this section.
This Act’s bill:Second reading speech
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