Roads & CouncilS
The Adelaide City Council has by-laws in relation to roads.
Under the Local Government Roads By-Law 2018 (4 of 2018) a “road” is defined to include a footpath. Under clause 4, permission is required to use amplification, distribute printed matter, solicit donations, sing, or hold public gatherings on roads. It is prohibited to interrupt, disrupt or interfere with any other person’s permitted use of the road (clause 5).
A person must comply with any reasonable direction or request from an authorised person relating to:
That person’s use of the road;
That person’s conduct and behaviour on the road;
That person’s safety on the road;
The safety and enjoyment of the road by other persons (clause 6).
A person who is committing or has committed a breach of this by-law by carrying out a prohibited activity or by failing to get permission for activities requiring permission must immediately comply with a direction of an authorised person to leave that part of the road.
Any authorised person may remove any person who is found committing a breach of a by-law from a road, but must not use force in doing so (clause 7).
If any goods, materials, object or substance are left on a road in breach of the by-law, an authorised person or their agent may remove the item and dispose of it in a manner they think fit and may recover the costs of so doing from the person responsible as a debt (clause 8). Under the Permits and Penalties By-law 2018, clause 5.1 states that a person who contravenes, or fails to comply with any by-law of the Council is guilty of an offence and is liable to a maximum penalty of $750.
Powers of authorised persons
Section 261 of the Local Government Act, under which the by-laws are made, states that an authorised person may require a person whom the authorised person reasonably suspects to have committed, or to be committing or about to commit:
Any breach of a by-law under the LGA to state the person’s full name and usual place of residence and to produce evidence of the person’s identity;
Require a person who the authorised person reasonably suspects has knowledge of matters in respect of which information is reasonably required for the administration or enforcement of a by-law under the Act to answer questions in relation to those matters;
Give expiation notices to persons alleged to have committed expiable offences under a by-law under the LGA;
Give any directions reasonably required in connection with the exercise of a power conferred above or otherwise in connection with the administration or enforcement of a by-law under the LGA.
PARLIAMENT HOUSE
Visit the SA Parliament House website for information on holding a demonstration or a rally at Parliament House.
Last revised: July 2021