Failure to comply with direction

Prior to the expiration of section 90C of the South Australian Public Health Act 2011 (SA) (‘the Public Health Act’) on 23 November 2021, a person who refused or failed to comply with:

may be charged with an offence [Public Health Act s 90D(3)]. The maximum penalties are:

Directors and managers of a body corporate can be prosecuted personally and are subject to the maximum penalty for a natural person [Public Health Act ss 90D(5) and (6)].

It is also an offence to hinder or obstruct operations carried out for the purpose of Part 11A of the Public Health Act. This carries a maximum penalty of $10,000 [Public Health Act s 90D(4)].

Requirement to provide identification

If an emergency officer reasonably suspects a person has committed, is committing or is about to commit an offence under Part 11A of the Public Health Act, the emergency officer can require the person provide their full name and usual place of residence, and to provide evidence of their identification. The maximum penalty for failure to comply is $5,000 [Public Health Act ss 90D(7) and (8)].

If you are issued with a penalty or charged with an offence call our free Legal Help Line on 1300 366 424 for advice.