South Australia
Summary Offences (General) Regulations 2001
under the Summary Offences Act 1953

Contents
Part 1—Preliminary
1	Short title
2	Commencement
3	Revocation
4	Interpretation
Part 3—Special provisions relating to intimate search records
Division 1—Interpretation
6	Interpretation
Division 2—Register books
7	Obligation to keep register book
8	Initial entry in register book
9	Signing of register book etc
10	Inspection of register book by Commissioner
Division 3—Storage, movement and destruction of intimate search records
11	Storage of intimate search records
12	Removal from storage and return of intimate search records
13	Copies of intimate search records
14	Destruction of intimate search records and copies
Part 4—Miscellaneous
15	Fees (sections 74D and 81)
16	Prescribed form of written record of telephone application (section 78)
17	Prescribed form of warrant (section 83C)
Schedule 1—Register form
Schedule 2—Forms
Legislative history

Part 1—Preliminary
1—Short title
These regulations may be cited as the Summary Offences (General) Regulations 2001.
2—Commencement
These regulations will come into operation on the day on which the Summary Offences (Searches) Amendment Act 2000 comes into operation.
3—Revocation
The Summary Offences (General) Regulations 1990 (see Gazette 19.7.1990 p379), as varied, are revoked.
4—Interpretation
In these regulations, unless the contrary intention appears—
Act means the Summary Offences Act 1953.

Part 3—Special provisions relating to intimate search records
Division 1—Interpretation
6—Interpretation
In this Part—
intimate search record means any videotape recording, or a written record of an intimate search, made under section 81 of the Act;
register book means the register book required to be kept at a police station by these regulations.

Division 2—Register books
7—Obligation to keep register book
	(1)	The officer in charge of a police station must maintain and keep at the station a register book in which the details relating to intimate search records must be entered legibly as required by these regulations, using the form in Schedule 1.
	(2)	The officer must comply with any directions of the Commissioner as to the form in which the register book is to be kept.
8—Initial entry in register book
The officer in charge of a police station at which an intimate search record is made must, as soon as practicable after the record is made, ensure that—
	(a)	the details required by Part A of the form in Schedule 1 are entered in the register book; and
	(b)	the record is clearly marked with a unique identifier enabling it to be linked with that entry in the register book.
9—Signing of register book etc
A person who enters details in the register book must comply with the requirements of the form set out in Schedule 1 as to the signing of the register book and the obtaining of signed receipts.
10—Inspection of register book by Commissioner
	(1)	The officer in charge of a police station must ensure that the register book kept at the station is available for inspection at any time by the Commissioner or by a police officer authorised by the Commissioner to inspect register books.
	(2)	The Commissioner must cause all register books to be inspected regularly and at least twice yearly for the purposes of ascertaining—
	(a)	whether these regulations are being complied with; and
	(b)	whether any intimate search records should be destroyed.

Division 3—Storage, movement and destruction of intimate search records
11—Storage of intimate search records
The officer in charge of a police station at which an intimate search record is made must ensure that at all times, except while it is being used in connection with a purpose authorised by the Act or these regulations, the record is stored in a secure place at the police station so as to prevent unauthorised access.
12—Removal from storage and return of intimate search records
	(1)	Subject to subregulation (2), a person must not remove an intimate search record from storage.
	(2)	The officer in charge of the police station at which an intimate search record is stored may remove an intimate search record from storage only in the following circumstances:
	(a)	if the officer requires the record for the purposes of these regulations or section 81(3c), (3d), (3e) or (3f) of the Act; or
	(b)	if another person has requested access to the record and the officer reasonably believes that the person requires the record for a purpose referred to in paragraph (a).
	(3)	As soon as practicable after removing the record from storage, the officer in charge must enter in the register book the details required by Part B of the form in Schedule 1, including, except where the purpose of removal is destruction of the record, the estimated date of return of the record.
	(4)	As soon as practicable after the record is returned, the officer in charge must ensure that the details required by Part C of the form in Schedule 1 are entered in the register book.
	(5)	If an intimate search record is not returned by the estimated date of return—
	(a)	the officer in charge must ask the person to whom the record was given to give an undertaking to return the record either immediately or on a reviewed estimated date of return; and
	(b)	the officer in charge must ensure that the details required by Part D of the form in Schedule 1 are entered in the register book.
	(6)	If the record is not returned within the time specified in an undertaking given under subregulation (5), the officer in charge must notify the Commissioner of that fact in writing.
13—Copies of intimate search records
	(1)	Subject to subregulation (2), a person (other than the detainee) must not make a copy of an intimate search record.
	(2)	An officer in charge of a police station at which an intimate search record is stored, or another person with the approval of that officer, may make a copy of the record—
	(a)	on request by the detainee; or
	(b)	as may be required for purposes related to the investigation of an offence or alleged misconduct or for the purposes of, or purposes related to, legal proceedings, or proposed legal proceedings, to which the record is relevant.
	(3)	The officer in charge must ensure that—
	(a)	as soon as practicable after the copy is made—
	(i)	the details of the making of the copy required by Part E of the form in Schedule 1 are entered in the register book; and
	(ii)	the copy is clearly marked with a unique identifier enabling it to be linked with that entry in the register book; and
	(b)	the copy—
	(i)	is stored in a secure place at the police station so as to prevent unauthorised access; and
	(ii)	is not removed from storage except by the officer in charge for the purpose of providing the copy to the person on whose request the copy was made.
	(4)	As soon as practicable after a copy of an intimate search record is lawfully removed from storage or is given to the detainee, the officer in charge must ensure that the details required by Part F of the form in Schedule 1 are entered in the register book, including, except where the purpose of removal is destruction of the copy, the estimated date of return of the copy.
	(5)	As soon as practicable after a copy of an intimate search record is returned to the police station, the officer in charge must ensure that the details required by Part G of the form in Schedule 1 are entered in the register book.
	(6)	If a copy of an intimate search record is not returned by the estimated date of return—
	(a)	the officer in charge must ask the person to whom the copy was given to give an undertaking to return the copy either immediately or on a reviewed estimated date of return; and
	(b)	the officer in charge must ensure that the details required by Part H of the form in Schedule 1 are entered in the register book.
	(7)	If the copy is not returned within the time specified in an undertaking given under subregulation (6), the officer in charge must notify the Commissioner of that fact in writing.
14—Destruction of intimate search records and copies
	(1)	An intimate search record and any copy of such a record may only be destroyed—
	(a)	by the officer in charge of the police station at which the record is required to be kept; or
	(b)	by some other person with the approval of that officer.
	(2)	If an intimate search record is lawfully destroyed, any copies of the record (other than a copy provided to the detainee) must also be destroyed.
	(3)	If an intimate search record is to be destroyed but the record or any copies of the record are not at the police station at which they are required to be kept, the Commissioner must direct the immediate return of the record or copies to that station.
	(4)	If a record or a copy of a record is not returned as required by a direction given under subregulation (3), the officer in charge of the police station must notify the Commissioner of that fact in writing.
	(5)	The officer in charge of a police station responsible for the destruction of an intimate search record and any copies must, as soon as practicable after the destruction, ensure that the details required by Part I of the form in Schedule 1 are entered in the register book.
	(6)	An intimate search record consisting of a videotape recording will be regarded as having been destroyed if all material recorded on the videotape has been erased.

Part 4—Miscellaneous
15—Fees (sections 74D and 81)
For the purposes of sections 74D and 81 of the Act, a fee of $10 is payable for—
	(a)	an audio tape of the soundtrack of a videotape recording of an interview with a suspect; or
	(b)	a copy of an audio tape recording of an interview with a suspect; or
	(c)	a copy of a videotape recording made under section 81.
16—Prescribed form of written record of telephone application (section 78)
The prescribed form for a written record of a telephone application for the purposes of section 78(4) of the Act is that set out in Form 1 of Schedule 2.
17—Prescribed form of warrant (section 83C)
The prescribed form for a warrant for the purposes of section 83C of the Act is that set out in Form 2 of Schedule 2.

Schedule 1—Register form
(Part 3)

Schedule 2—Forms
(Part 4)

Legislative history
Notes
	•	Variations of this version that are uncommenced are not incorporated into the text.
	•	For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes.
Principal regulations and variations
New entries appear in bold.
Year	No	Reference	Commencement	
2001	197	Gazette 23.8.2001 p3283	22.2.2002: r 2	
2002	4	Gazette 15.1.2002 p204	22.2.2002: r 2	
2004	242	Gazette 2.12.2004 p4450	10.1.2005: r 2	
Provisions varied
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in italics.
Provision	How varied	Commencement	
Pt 2	deleted by 4/2002 r 3	22.2.2002