A person who misbehaves on public transport may receive an order (known as a transit barring order) banning them from using public transport.

The transit barring orders scheme expanded from 1 July 2025. This page explains the law from 1 July.

Part 4 Division 2A of the Passenger Transport Regulations 2024 (SA) governs transit barring orders. A transit barring order may be issued under regulation 137B or regulation 137C.

Regulation 137B – discretionary orders

Under regulation 137B, the Minister for Infrastructure and Transport, a person approved by the Minister, or a police officer may issue a transit barring order to a person for a specified period:

The duration of a transit barring order issued under reg 137B will depend on the reason it was issued, who issued it and whether the person has previously received a transit barring order.

An order issued by the Minister or authorised person or authorised by a police officer of or above the rank of Inspector will remain in force for the period specified in the order, which may be [reg 137B(3)(a)]:

An order issued on the authority of a police officer of or above the rank of Sergeant may only be issued for up to 72 hours [reg 137B(3)(b)].

The transit barring order must specify the public transport or area from which the person named is barred under the order, the grounds on which the order is issued, and the person's right to apply to have the order lifted after 3 months (discussed below) [reg 137B(4)].

A transit barring order may be varied (changed) or revoked (cancelled) by further order [reg 137B(7), (8)].

Regulation 137C – automatic orders

Under regulation 137C, the Commissioner of Police (or, if unable, the Minister for Infrastructure and Transport) must issue a transit barring order to a person charged with a relevant offence.

A relevant offence means one of the following offences that was committed on public transport or in or near an area used for public transport services [reg 137A]:

A transit barring order issued under regulation 137C will remain in force indefinitely or for the period specified in the order [reg 137C(2)]. It will be lifted if the person is acquitted of the alleged offending or the charge is withdrawn [reg 137C(3)].

The transit barring order must specify the details of the charge giving rise to the order, the duration of the order, the public transport or area from which the person is barred under the order, and the person's right to apply to have the order lifted after 3 months (discussed below) [reg 137C(5)].

The Commissioner of Police or the Minister may vary a transit barring order they issued under reg 137C [reg 137C(6), (7)]. They may only withdraw the order if satisfied that it is defective, was given in error, or otherwise should not have been given [reg 137C(8)].

Service and breaches

A transit barring order, whether issued under reg 137B or 137C, must be served personally and is not binding until served [reg 137D]. An order varied by further order must also be served personally, and a person whose transit barring order is revoked or withdrawn must be notified.

It is an offence to contravene a transit barring order [reg 137B(11), reg 137C(13)]. The maximum penalty is a fine of $7,000. A breach of a transit barring order issued under reg 137B is expiable (with an expiation fee of $500) but it is not expiable if issued under reg 137C.

Right to apply to have order lifted

A person who has been issued a transit barring order under reg 137B or reg 137C may apply to the Magistrates Court to have the order lifted [reg 137E]. A youth may apply to the Youth Court to have an order lifted.

A person may not apply to have an order lifted until at least 3 months have elapsed since the order was served [reg 137E(3)].

The Court may only lifted a transit barring order if satisfied on the basis of evidence given on oath that [reg 137E(2)]:

The Commissioner of Police and the Minister are entitled to be heard in any application to lift a transit barring order [reg 137E(4)].

Transit barring orders issued under the Passenger Transport Regulations 2024 (SA) prior to 1 July 2025 will continue as if they were issued under reg 137B [see Passenger Transport (Transit Barring Orders) Amendment Regulations 2025 (SA) Sch 1]. There is no right to apply to have an order issued prior to 1 July 2025 lifted under reg 137E.