Title: Civil Liability (Trespass) Amendment Bill 2017
Author: Office of Parliamentary Counsel
Last saved by: Shirley A. Armstrong
Category: parliamentary.copy
Document comments: lc287

Legislative Council—No 287
As received from the House of Assembly and read a first time, 28 November 2017

Civil Liability (Trespass) Amendment Bill 2017
Contents

Civil Liability (Trespass) Amendment Bill 2017

Civil Liability (Trespass) Amendment Bill 2017
Part 1—Preliminary

Civil Liability (Trespass) Amendment Bill 2017
Preliminary—Part 1

Civil Liability (Trespass) Amendment Bill 2017
Part 2—Amendment of Civil Liability Act 1936

Civil Liability (Trespass) Amendment Bill 2017
Amendment of Civil Liability Act 1936—Part 2

South Australia
Civil Liability (Trespass) Amendment Bill 2017
A Bill For
An Act to amend the Civil Liability Act 1936.

Contents
Part 1—Preliminary
1	Short title
2	Commencement
3	Amendment provisions
Part 2—Amendment of Civil Liability Act 1936
4	Insertion of Part 9 Division 12B
Division 12B—Exclusion of liability for trespass—authorised officers
75B	Exclusion of liability for trespass—authorised officers

The Parliament of South Australia enacts as follows:
Part 1—Preliminary
1—Short title
This Act may be cited as the Civil Liability (Trespass) Amendment Act 2017.
2—Commencement
This Act will come into operation on a day to be fixed by proclamation.
3—Amendment provisions
In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2—Amendment of Civil Liability Act 1936
4—Insertion of Part 9 Division 12B
After section 75A insert:
Division 12B—Exclusion of liability for trespass—authorised officers
75B—Exclusion of liability for trespass—authorised officers
	(1)	No action for trespass arises by reason only of an authorised officer carrying out official duties to which this subsection applies on another person's premises.
	(2)	Subsection (1) applies to the following official duties of an authorised officer:
	(a)	executing any civil or criminal process, including issuing or giving to, or serving on, a person a summons, notice or other document required or authorised to be issued or given to, or served on, the person under an Act or law;
	(b)	observing and carrying out any direction of a court.
	(3)	In this section—
authorised officer includes—
	(a)	a police officer; and
	(b)	a protective security officer appointed under the Protective Security Act 2007; and
	(c)	the sheriff, deputy sheriffs and sheriff's officers appointed under the Courts Administration Act 1993; and
	(d)	a person appointed under section 7 of the Sheriff's Act 1978 to carry out the duties of a sheriff in relation to any matter; and
	(e)	a Public Service employee (within the meaning of the Public Sector Act 2009); and
	(f)	any other person engaged by or on behalf of the Crown to execute any civil or criminal process; and
	(g)	a person of a class included in the ambit of this definition by the regulations,
but does not include a person of a class excluded from the ambit of this definition by the regulations;
premises means—
	(a)	land; or
	(b)	a building or structure on land other than a residential building or structure;
residential building or structure means a building or structure used as a place of residence but does not include a carport, verandah or other similar structure attached to or associated with such a building or structure.

HA GP 494-C OPC 142