South Australian Public Health Act 2011

Subject to the regulations, an emergency officer may, if of the opinion that it is necessary to do so for the purposes of enforcing a direction under this Part, exercise any power referred to in section 25(2) of the

Emergency Management

Act 2004.

If a direction under this Part applies to a class of persons or applies in respect of any place or during any period, an emergency officer, may exempt (conditionally or unconditionally) any person or class of persons from the direction.

A person must not, without reasonable excuse, refuse or fail to comply with a direction issued under this Part or a direction or requirement of an emergency officer given for the purposes of this Part. Maximum penalty: Maximum penalty:

if the offender is a body corporate—$75 000;

if the offender is an individual—$20 000 or imprisonment for 2 years. Expiation fee:

in the case of a body corporate—$5 000;

in the case of an individual—$1 000.

A person must not hinder or obstruct operations carried out under, or for the purposes of, this Part. Maximum penalty: Maximum penalty: $10 000.

If a body corporate is guilty of an offence against this section, each director and the manager of the body corporate are guilty of an offence and liable to the same penalty as is prescribed for the principal offence when committed by an individual unless the director or the manager (as the case may be) proves that they could not by the exercise of due diligence have prevented the commission of the offence.

A person may be prosecuted and convicted of an offence under subsection (5) whether or not the body corporate has been prosecuted or convicted of the offence committed by the body corporate.

An emergency officer may require a person who the officer reasonably suspects has committed, is committing or is about to commit, an offence against this Part to state the person's full name and usual place of residence and to produce evidence of the person's identity.

A person must immediately comply with a requirement under subsection (7). Maximum penalty: Maximum penalty: $5 000.