South Australia
Recreational Services (Limitation of Liability) Regulations 2003
under the Recreational Services (Limitation of Liability) Act 2002

Contents
1	Short title
2	Commencement
3	Interpretation
4	Registration of code
5	Information to accompany application to register or vary or cancel undertaking
6	Modification of duty of care by contract—notice to consumers
7	Modification of duty of care by display of notices
8	Fees
Schedule—Notice to consumer
Legislative history

1—Short title
These regulations may be cited as the Recreational Services (Limitation of Liability) Regulations 2003.
2—Commencement
These regulations will come into operation on 1 July 2003.
3—Interpretation
In these regulations, unless the contrary intention appears—
Act means the Recreational Services (Limitation of Liability) Act 2002;
recreational activity, in relation to the provision of recreational services, means the sporting or other activity or pursuit to which the recreational services relate.
4—Registration of code
	(1)	For the purposes of section 4(3) of the Act, a code submitted for registration must comply with the following requirements as to form and content:
	(a)	the code must be in writing in a print size not less than 12 points;
	(b)	the code must begin with the heading "RECREATIONAL SERVICES (LIMITATION OF LIABILITY) ACT 2002" in capital letters and under that heading contain a further heading giving a title for the code;
	(c)	the first substantive portion of the code (apart from definitions of terms and other preliminary provisions) must describe as clearly as possible the recreational activity and the recreational services to which the code relates;
	(d)	the code must then set out the various measures that a provider of the recreational services should take in order to ensure a reasonable level of protection for consumers;
	(e)	the name, postal address and contact details (such as telephone numbers, fax number and email address) of the applicant for registration of the code must be set out at the end of the code.
	(2)	If the applicant has, before submitting the code for registration, obtained a report on the code's adequacy, the applicant must submit a copy of the report to the Minister when the code is submitted for registration.
5—Information to accompany application to register or vary or cancel undertaking
	(1)	For the purposes of section 5(2) of the Act, an application by a provider of recreational services for registration of an undertaking to comply with a registered code must be accompanied by the following information:
	(a)	the name, postal address and contact details (such as telephone numbers, fax number and email address) of the applicant;
	(b)	the name or names in which the applicant carries on business in providing the recreational services;
	(c)	the title of the registered code set out in the code and the identifier given to the code by the Minister on registration of the code;
	(d)	a description of the recreational services provided by the applicant to which the registered code relates.
	(2)	For the purposes of section 5(5) of the Act, an application by a registered provider for variation or cancellation of an undertaking must be accompanied by the following information:
	(a)	the name, postal address and contact details (such as telephone numbers, fax number and email address) of the applicant;
	(b)	the identifier given to the applicant by the Minister on registration of the undertaking;
	(c)	if the applicant seeks variation of the details of the registration, the nature of the variation to the details sought by the applicant;
	(d)	if the applicant seeks cancellation of the provider's registration, a statement to that effect.
6—Modification of duty of care by contract—notice to consumers
A notice to be given to a consumer in accordance with section 6(2) of the Act must be in the form set out in the Schedule.
7—Modification of duty of care by display of notices
A notice to be displayed in accordance with section 6(3) of the Act—
	(a)	must be displayed—
	(i)	if the place at which the recreational activity occurs has designated or identifiable public entrances—at those entrances to the place; or
	(ii)	in any other case—at the walkways or access routes to the place at which the recreational activity occurs that are commonly used by persons who participate in the activity; and
	(b)	must not be obscured by any structure or thing; and
	(c)	must comprise the following figures and words in a colour that clearly contrasts with the background colour:
	(i)	a pictorial symbol of the recreational activity that is at least 15cm x 15cm;
	(ii)	the words "LIABILITY FOR INJURY LIMITED BY CODE" in capital letters that are at least 5cm high;
	(iii)	the words "Recreational Services (Limitation of Liability) Act 2002" in letters that are at least 3cm high; and
	(d)	must have a surface area that is at least 45cm x 45cm.
8—Fees
The following fees must be paid to the Minister:
	(a)	an applicant for registration of a code under section 4 of the Act must pay—
	(i)	an application fee of $850; and
	(ii)	a registration fee of $350;
	(b)	an applicant for registration of an undertaking under section 5 of the Act must pay a registration fee of $250.

Schedule—Notice to consumer

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	
2003	37	Gazette 17.4.2003 p1763	1.7.2003: r 2	
2005	171	Gazette 28.7.2005 p2525	1.8.2005: r 2