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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Statutes Amendment and Repeal (Simplify)
Bill 2016
A BILL FOR
An Act to amend various Acts to simplify administrative and other processes
or to remove obsolete or out of date matter or practices; to repeal various
obsolete Acts; and for other purposes.
Contents
Part 2—Amendment
of Aquaculture Act 2001
4Amendment of section
3—Interpretation
5Amendment of section 12—Procedure for
making policies
6Amendment of section 25A—Variation of
lease or lease conditions by or with consent of lessee
7Amendment of section 52—Licence
conditions
8Amendment of section 59—Reference of
matters to EPA
Part 3—Amendment of Authorised
Betting Operations Act 2000
10Substitution of sections 54 to
59
54Places at which
bets may be accepted by bookmakers
11Amendment of section 61—Prohibition of
certain information as to racing or betting
12Amendment of section 77—Review of
Commissioner's decision
13Amendment of section
89—Evidence
Part 4—Amendment
of Building Work Contractors Act 1995
14Amendment of section 6—Obligation of
building work contractors to be licensed
15Amendment of section 11—Duration of
licence and periodic fee and return etc
16Amendment of section 18—Duration of
registration and periodic fee and return etc
17Amendment of section
45—Exemptions
Part 5—Amendment
of Conveyancers Act 1994
18Amendment of section
8—Duration of registration and annual fee and return
20Amendment of section
24—Audit of trust accounts
Part 6—Amendment
of Crown Land Management Act 2009
21Amendment of section 14—Minister's power
to dispose of surplus lands of a Crown agency
22Amendment of section 18—Dedicated
land
23Amendment of section 19—Revocation of
dedication
25Amendment of section 22—Lease of
dedicated land
22ALicences granted
in relation to dedicated land
27Amendment of section 24—Minister may
dispose of Crown land to which Division applies
28Amendment of section 25—Disposal by
transfer or grant of fee simple
37AConsent process
for conversion of perpetual lease to freehold
30Amendment of section 51—Cancellation of
licences
31Amendment of section 52—Renewal of
licence without application or on late application
32Amendment of heading to Part 4 Division
2
56AMinister may
consent to activities on land
35Amendment of Schedule 1—Related
amendments, repeals and transitional provisions
Part 7—Repeal of Debits Tax
Act 1994
36Repeal of Debits Tax
Act 1994
Part 8—Amendment
of Electronic Transactions Act 2000
38Amendment of section 1—Short
title
39Amendment of section
3—Object
40Amendment of section 4—Simplified
outline
41Amendment of section
5—Interpretation
42Amendment of section
6A—Exemptions
43Amendment of heading to Part 2 Division
1
44Amendment of section 7—Validity of
electronic transactions and government documents
45Amendment of section
8—Writing
46Amendment of section
9—Signatures
47Amendment of section 10—Production of
document
Part 3—Issue of government documents by
approved information system
16Minister may
approve means of issue
17Approval for electronic issue
of government document
18Electronic issue
authorised if approved and consent given
19Usage rules must
be complied with
Part 9—Amendment
of Environment Protection Act 1993
49Amendment of section
3—Interpretation
51Amendment of section 46—Notice and
submissions in respect of proposed variations of conditions
Part 10—Amendment of Evidence
Act 1929
25AAbolition of
oath belief rule
Part 11—Repeal of Financial
Institutions Duty Act 1983
54Repeal of Financial Institutions Duty
Act 1983
Part 12—Amendment of Fisheries
Management Act 2007
55Amendment of section 21—Continuation of
Fund
56Amendment of section 44—Procedure for
preparing management plans
57Amendment of section 56—Duration of
authority and periodic fee and return etc
59Amendment of section 74—Unauthorised
trafficking in fish of priority species prohibited
61Insertion of Part 7 Division 4
62Amendment of section
124—Confidentiality
Part 13—Repeal of Gift Duty
Act 1968
63Repeal of Gift Duty
Act 1968
Part 14—Amendment of Heritage Places
Act 1993
64Amendment of section 7—Proceedings of
Council
Part 15—Repeal of Industries
Development Act 1941
65Repeal of Industries Development
Act 1941
Part 16—Amendment
of Land Agents Act 1994
66Amendment of section 9—Duration of
registration and annual fee and return
67Amendment of section 22—Audit of trust
accounts
Part 17—Amendment
of Local Nuisance and Litter Control Act 2016
68Amendment of section 50—Evidentiary
provisions
69Amendment of section
51—Regulations
Part 18—Amendment of Major Events
Act 2013
70Amendment of section
4—Interpretation
72Substitution of heading to Part
2
73Insertion of sections 6A and 6B
6BDeclaration of major event by
Minister
74Amendment of section 7—Declaration of
major event by regulation
Part 19—Amendment
of Motor Vehicles Act 1959
76Amendment of section
5—Interpretation
77Amendment of section 9—Duty to
register
78Amendment of section 16—Permits to
drive vehicles without registration
81Amendment of section 71A—Property in
plates and documents
82Amendment of section 71B—Replacement of
plates and documents
83Amendment of section 75AA—Only 1
licence to be held at any time
84Amendment of section 102—Duty to insure
against third party risks
85Amendment of section 138B—Effect of
dishonoured cheques etc on transactions under the Act
86Amendment of section 141—Evidence by
certificate etc
87Amendment of section 142—Facilitation
of proof
88Amendment of section
145—Regulations
Part 20—Repeal of Mount Gambier
Hospital Hydrotherapy Pool Fund Act 2009
91Repeal of Mount Gambier Hospital Hydrotherapy
Pool Fund Act 2009
Part 21—Repeal of Naracoorte Town
Square Act 2005
92Repeal of Naracoorte Town Square
Act 2005
Part 22—Amendment of National Parks
and Wildlife Act 1972
93Amendment of section 34A—Constitution
of regional reserves by proclamation
Part 23—Amendment of Natural Gas
Authority Act 1967
Part 24—Amendment of Plant Health
Act 2009
95Amendment of section 21—Periodic fees
and returns
96Amendment of section 29—Periodic fees
and returns
Part 25—Amendment
of Plumbers, Gas Fitters and Electricians Act 1995
97Amendment of section 6—Obligation of
contractors to be licensed
98Amendment of section 11—Duration of
licence and periodic fee and return etc
99Amendment of section 18—Duration of
registration and periodic fee and return etc
Part 26—Amendment of Public
Corporations Act 1993
Part 27—Amendment of Rail
Commissioner Act 2009
Part 28—Amendment
of Road Traffic Act 1961
Part 29—Amendment of Rural Advances
Guarantee Act 1963
103Amendment of section
2—Interpretation
104Amendment of section 3—Treasurer may
guarantee repayment of loan
106Amendment of section 7—Treasurer may
agree to deferment of interest or principal
Part 30—Amendment
of Second-hand Vehicle Dealers Act 1995
107Amendment of section
3—Interpretation
108Amendment of section 11—Duration of
licence and annual fee and return
109Substitution of Part 2 Division
2
Division 2—Notification of dealer's
business premises
14Notification of
business premises
110Amendment of section 17—Form of
contract
111Amendment of section 24—Enforcement of
duty to repair
112Amendment of section 27—Cause for
disciplinary action
113Amendment of section 31—Disciplinary
action
114Amendment of section 39—Register of
dealers
115Amendment of section
50—Evidence
116Amendment of Schedule 3—Second-hand
Vehicles Compensation Fund
Part 31—Amendment
of Security and Investigation Industry Act 1995
118Amendment of section 7C—Annual fee and
return
119Amendment of section 11A—Power of
Commissioner to require photograph and information
120Amendment of section 23AAA—Entitlement
to provide security industry training
Part 32—Repeal of Software Centre
Inquiry (Powers and Immunities) Act 2001
123Repeal of Software Centre Inquiry (Powers
and Immunities) Act 2001
Part 33—Repeal of South Australian
Meat Corporation (Sale of Assets) Act 1996
124Repeal of South Australian Meat Corporation
(Sale of Assets) Act 1996
Part 34—Repeal of South Australian
Meat Corporation Act 1936
125Repeal of South Australian Meat Corporation
Act 1936
Part 35—Amendment of Stamp Duties
Act 1923
126Amendment of section
2—Interpretation
128Amendment of section 31—Certain
contracts to be chargeable as conveyances on sale
129Repeal of Part 3 Division 2
130Amendment of section 67—Computation of
duty where instruments are interrelated
131Amendment of section 71—Instruments
chargeable as conveyances
133Repeal of Part 3 Division 7
134Repeal of Part 3 Division 10
136Repeal of Part 4A Divisions 1 and
2
137Amendment of section 104B—Application
of Division
138Repeal of Part 4A Divisions 4 and
5
139Amendment of Schedule 2—Stamp duties
and exemptions
Part 36—Amendment of Survey
Act 1992
141Amendment of section 4—Interpretation
142Repeal of Part 2 Division 2
143Amendment of section 10—Functions of
Institution of Surveyors under Act
144Amendment of section 43—Survey
instructions
Part 37—Repeal of Wilpena Station
Tourist Facility Act 1990
145Repeal of Wilpena Station Tourist Facility
Act 1990
Part 38—Repeal of Year 2000
Information Disclosure Act 1999
146Repeal of Year 2000 Information Disclosure
Act 1999
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Statutes Amendment and Repeal (Simplify)
Act 2016.
(1) Subject to
subsection (2)
, this Act will come into operation on the day on which it is assented to
by the Governor.
(2)
Part 2
,
Part 4
,
Part 6
,
Part 8
,
Part 9
,
Part 16
,
Part 17
,
Part 19
,
Part 25
,
Part 28
,
Part 30
and
Part 31
of this Act will come into operation on a day to be fixed by
proclamation.
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 Aquaculture
Act 2001
4—Amendment
of section 3—Interpretation
Section 3, definition of vary licence conditions—delete
the definition and substitute:
variation of licence conditions includes the revocation of
licence conditions or the imposition of further licence conditions, but does not
include a matter of a kind excluded from the ambit of this definition by the
regulations;
5—Amendment
of section 12—Procedure for making policies
(1) Section 12(5)—delete "in the Gazette and in a newspaper
circulating generally in the State" and substitute:
in accordance with subsection (5a)
(2) Section 12—after subsection (5) insert:
(5a) The advertisement referred to in subsection (5) must be
published—
(a) in the Gazette; and
(b) in 1 or both of the following forms (as the Minister considers
appropriate in the circumstances):
(i) in a newspaper circulating generally in the State;
(ii) on a website determined by the Minister.
6—Amendment
of section 25A—Variation of lease or lease conditions by or with consent
of lessee
Section 25A(3)(d)—after "licence area and" insert:
, in the case of a matter that is required to be referred to the EPA under
section 59, the matter has been so referred and
7—Amendment
of section 52—Licence conditions
Section 52(4)—delete "the matter has been referred to the EPA under
Part 8" and substitute:
, in the case of a matter that is required to be referred to the EPA under
section 59, the matter has been so referred
8—Amendment
of section 59—Reference of matters to EPA
(1) Section 59(1)—delete "The following" and substitute:
Subject to subsection (1a), the following
(2) Section 59—after subsection (1) insert:
(1a) Subsection (1) does not apply, in the case of a specified condition
referred to in subsection (1)(a) or (b), or a variation of the conditions of an
aquaculture licence referred to in subsection (1)(c) if—
(a) the Minister is satisfied that the condition or variation is
administrative in nature; or
(b) the condition or variation is of a class approved by the EPA as not
having, or being unlikely to have, an adverse effect on the
environment.
If an application for an aquaculture lease, aquaculture licence or
variation to the conditions of an aquaculture licence has been made but not yet
determined under the
Aquaculture
Act 2001
immediately before the commencement of this clause, the application is to
be determined under the
Aquaculture
Act 2001
as in force immediately before that commencement.
Part 3—Amendment
of Authorised Betting Operations
Act 2000
10—Substitution
of sections 54 to 59
Sections 54 to 59 (inclusive)—delete the sections and
substitute:
54—Places at which bets may be accepted by
bookmakers
(1) It is a condition
of a bookmaker's licence that the licensee may only accept bets (not being bets
made by telephone, Internet or other electronic means)—
(a) at a racecourse on a day on which a licensed racing club is authorised
to conduct on-course totalisator betting within that racecourse; or
(b) at a licensed betting shop; or
(c) at a place of a
class declared by the Commissioner by notice in the Gazette (and in accordance
with any other conditions specified in the declaration).
(2) The Commissioner may, by subsequent notice in the Gazette, vary or
revoke a declaration under
subsection (1)(c)
.
11—Amendment
of section 61—Prohibition of certain information as to racing or
betting
Section 61(1)—delete "authorised by permit"
12—Amendment
of section 77—Review of Commissioner's decision
Section 77(2)—delete subsection (2)
13—Amendment
of section 89—Evidence
Section 89—delete ", permit" wherever occurring
Part 4—Amendment
of Building Work Contractors
Act 1995
14—Amendment
of section 6—Obligation of building work contractors to be
licensed
Section 6—after subsection (2) insert:
(3) The
Commissioner may, on application, exempt a person from compliance with this
section subject to such conditions as the Commissioner thinks fit.
(4) The Commissioner may vary or revoke an exemption granted under
subsection (3)
as the Commissioner thinks fit.
15—Amendment
of section 11—Duration of licence and periodic fee and return
etc
Section 11(3)—delete "and, in addition, to pay to the Commissioner
the amount fixed by regulation as a penalty for default"
16—Amendment
of section 18—Duration of registration and periodic fee and return
etc
Section 18(3)—delete "and, in addition, to pay to the Commissioner
the amount fixed by regulation as a penalty for default"
17—Amendment
of section 45—Exemptions
Section 45(1)—delete "(other than a provision in relation to which
the Commissioner has a power of exemption specifically conferred by this
Act)"
Part 5—Amendment
of Conveyancers
Act 1994
18—Amendment
of section 8—Duration of registration and annual fee and
return
Section 8(3)—delete "and, in addition, to pay to the Commissioner the
amount fixed by regulation as a penalty for default"
Section 12—delete the section
20—Amendment
of section 24—Audit of trust accounts
(1) Section 24(4)—delete "and, in addition, to pay to the
Commissioner the amount fixed by the regulations as a civil penalty for the
default"
(2) Section 34(7)—delete subsection (7)
Part 6—Amendment
of Crown Land Management
Act 2009
21—Amendment
of section 14—Minister's power to dispose of surplus lands of a Crown
agency
Section 14(1)—delete subsection (1) and substitute:
(1) If land owned by a Crown agency has been declared surplus by the
agency, the Minister may dispose of the land by transfer of the fee simple (and
Part 3 Division 3 applies to such a transfer as if the land were Crown land that
had been declared surplus by the Minister).
22—Amendment
of section 18—Dedicated land
Section 18—after subsection (1) insert:
(1a) The purposes for which land may be dedicated under this section
include (without limitation) the management of land in accordance with a
specified management plan.
23—Amendment
of section 19—Revocation of dedication
Section 19—after subsection (1) insert:
(1a) If a Minister who is the custodian of dedicated land grants a lease
in relation to the land, the Minister must not revoke the dedication under this
section during the term of the lease without obtaining the consent, in writing,
of the Minster who is the custodian.
Section 21—delete the section and substitute:
21—Operation of instruments
An instrument under this Division takes effect on the day specified in the
instrument.
25—Amendment
of section 22—Lease of dedicated land
(1) Section 22(1)—delete "A lease" and substitute:
Subject to this section, a lease
(2) Section 22—after subsection (3) insert:
(4) A Minister who is the custodian of dedicated land may grant a lease in
relation to the land without obtaining the consent of the Minister under this
section if the Minister who is the custodian of the dedicated land is satisfied
that the grant of the lease—
(a) would not detract from any existing public use and enjoyment of the
land; and
(b) would not prevent the land being used for the purpose for which it was
dedicated; and
(c) would not otherwise, in the opinion of that Minister, be improper or
undesirable.
(5) If a council is granting a lease in relation to dedicated land in
accordance with section 202 of the
Local
Government Act 1999
, this section does not apply to the grant of that lease
if—
(a) native title in the land has been extinguished or the council is
satisfied that the grant of the lease will not affect native title;
and
(b) the lease will not cause any development (within the meaning of the
Planning,
Development and Infrastructure Act 2016
); and
(c) the council is satisfied that the grant of the lease—
(i) would not detract from any existing public use and enjoyment of the
land; and
(ii) would not prevent the land being used for the purpose for which it
was dedicated; and
(iii) would not otherwise, in the opinion of the council, be improper or
undesirable.
After section 22 insert:
22A—Licences granted in relation to dedicated
land
The custodian of dedicated land may grant a licence in relation to the land
if satisfied that the grant of the licence—
(a) would not detract from any existing public use and enjoyment of the
land; and
(b) would not prevent the land being used for the purpose for which it was
dedicated; and
(c) would not otherwise, in the opinion of the custodian of the dedicated
land, be improper or undesirable,
(and for the avoidance of doubt the consent of the Minister is not required
in relation to the grant of a licence in relation to dedicated land).
27—Amendment
of section 24—Minister may dispose of Crown land to which Division
applies
Section 24(2)—after paragraph (b) insert:
or
(c) the land is being disposed of in fulfilment of a condition on
surrender of a perpetual lease relating to the land.
28—Amendment
of section 25—Disposal by transfer or grant of fee
simple
(1) Section 25(1)—after paragraph (c) insert:
(ca) the land is disposed of to a lessee, or former lessee, of the land
and that lessee or former lessee has constructed or made significant
improvements on the land; or
(cb) the land is disposed of in fulfilment of a condition on surrender of
a perpetual lease relating to the land; or
(cc) the land is disposed of on condition that the purchaser or donee
enter into a Crown condition agreement; or
(2) Section 25(2)—after paragraph (a) insert:
(ab) the land is disposed of in fulfilment of a condition on surrender of
a perpetual lease relating to the land; or
After section 37 insert:
37A—Consent process for conversion of perpetual
lease to freehold
(1) A lessee under a perpetual lease who seeks to surrender the lease on
condition that the land is disposed of by transfer or grant of the fee simple to
the lessee or a person nominated by the lessee, must first apply to the
Minister, in such manner as the Minister thinks fit, for consent to the
surrender in accordance with this section.
(2) On receipt of
an application under this section, the Minister must—
(a) determine whether or not to consent to the surrender and the terms on
which the land may be disposed of (including the amount for which the fee simple
of the land may be purchased and any other requirements of the Minister relating
to the disposal); and
(b) give notice of that determination, in writing, to the
applicant.
(3) The applicant must, within 3 months after notice is given under
subsection (2)
or such longer period as may be allowed by the Minister, notify the
Minister whether the applicant wishes to proceed with the surrender of the lease
on the terms offered (and thereafter the applicant may surrender the lease in
accordance with section 37 and any terms agreed with the Minister under this
section).
30—Amendment
of section 51—Cancellation of licences
(1) Section 51(1)(a)—after "if" insert:
the licensee has requested the cancellation or
(2) Section 51—after subsection (2) insert:
(3) The Minister will not cancel a licence at the request of the licensee
unless the Minister is satisfied that is appropriate to do so.
(4) A licensee who requests the cancellation of a licence is not entitled
to a refund of any licence fees that have been paid in respect of the
licence.
31—Amendment
of section 52—Renewal of licence without application or on late
application
Section 52—before subsection (1) insert:
(a1) If, before the
expiry of a licence under this Act—
(a) the Minister sends to the licensee an invoice for payment of a fee for
renewal of the licence; and
(b) the licensee pays the fee specified in the invoice,
the licensee will be taken to have applied for renewal of the licence and
the Minister may renew the licence for a term of 12 months or for such
other term as may have been specified in the invoice (and the conditions fixed
in relation to the renewed licence will be the conditions that were fixed in
relation to the licence immediately before renewal or such other conditions as
may have been specified in the invoice).
(b1) For the purposes of
subsection (a1)
, an invoice may specify a term of a licence or conditions of a licence by
referring to a website on which the terms or conditions are published.
32—Amendment
of heading to Part 4 Division 2
Heading to Part 4 Division 2—after "responsibilities"
insert:
and powers
After section 56 insert:
56A—Minister may consent to activities on
land
(1) Without derogating from the Minister's powers to deal with Crown land,
the Minister may, in such manner as the Minister thinks fit, grant consent to a
person to conduct an activity on any Crown land (not being an activity that
should, in the opinion of the Minister, require a lease or licence under this
Act).
(2) A consent of the Minister granted under this section—
(a) is subject to such conditions as the Minister may specify;
and
(b) may be revoked by the Minister at any time by notice in
writing.
34—Amendment
of section 59—Waterfront land cannot be leased or disposed of without
public consultation
(1) Section 59(1)—delete "in a newspaper circulating throughout the
State" and substitute:
on a website determined by the Minister
(2) Section 59(3)—before paragraph (a) insert:
(aa) waterfront land is divided and the lease or disposal is only of a
portion of the land that does not, after such division, constitute waterfront
land; or
35—Amendment
of Schedule 1—Related amendments, repeals and transitional
provisions
Schedule 1, clause 10—after subclause (2) insert:
(2a) If land referred to in subclause (2) is dedicated land by virtue of
clause 9—
(a) the dedication will be taken to be revoked if the Crown condition
agreement is revoked in accordance with this Act (and section 19 does not apply
to the revocation of the dedication); and
(b) section 22 does not apply in relation to a lease granted in relation
to the land.
Part 7—Repeal
of Debits Tax
Act 1994
36—Repeal
of Debits Tax
Act 1994
is repealed.
Part 8—Amendment
of Electronic Transactions
Act 2000
Long title—delete "transactions" and substitute:
communications
38—Amendment
of section 1—Short title
Section 1—delete "Transactions" and substitute:
Communications
39—Amendment
of section 3—Object
Section 3(b) and (c)—delete "transactions" wherever occurring and
substitute in each case:
communications
40—Amendment
of section 4—Simplified outline
(1) Section 4(1)—after paragraph (a) insert:
(ab) for the purposes of the law of this jurisdiction, a government
document is not invalid because it was issued by means of 1 or more electronic
communications; and
(2) Section 4—after subsection (2) insert:
(3) Part 3 contains provisions applying to the issue of a government
document by means of an approved information system and enables the issue of a
government document by means of electronic communication in circumstances where
an Act provides for the issue of the document only in the form of a physical
document or item.
41—Amendment
of section 5—Interpretation
(1) Section 5(1)—after the definition of addressee
insert:
approved information system means an information system
approved under section 16(1)(a);
(2) Section 5(1)—after the definition of electronic
communication insert:
government agency means—
(a) a Minister of the Crown; or
(b) a person who holds an office established by an Act; or
(c) an administrative unit of the Public Service; or
(d) South Australia Police; or
(e) a council; or
(f) an incorporated or unincorporated body—
(i) established or continued in existence for a public purpose by an Act;
or
(ii) established or continued in existence for a public purpose under an
Act (other than an Act providing for the incorporation of companies or
associations, co-operatives, societies or other voluntary organisations);
or
(iii) subject to control or direction by the Governor, a Minister of the
Crown or other instrumentality or agency of the Crown or a council (whether or
not the body is established or continued in existence by or under an Act);
or
(g) a person or body declared by the regulations to be a government
agency;
government document means a document issued by or on behalf
of a government agency that does not itself constitute a transaction (whether or
not the document is issued as a result of a transaction or in connection with 1
or more transactions);
Examples—
Government documents would include licences, permits and
certificates
(3) Section 5(1)—after the definition of place of
business insert:
responsible Minister means—
(a) in relation to a government document issued under an Act—the
Minister to whom the administration of that Act is committed; or
(b) in relation to any other government document—the Minister
responsible for the relevant government agency;
(4) Section 5(1), definition of transaction—after
paragraph (c) insert:
and
(d) any application or request made, or notice or information provided, by
a person seeking the issue of a government document or who has been issued a
government document;
(5) Section 5(1)—after the definition of transaction
insert:
usage rules means rules approved under section
16(1)(b);
(6) Section 5—after subsection (2) insert:
(3) Usage rules are not statutory instruments for the purposes of the law
of the State and are not regulations for the purposes of the
Subordinate
Legislation Act 1978
.
42—Amendment
of section 6A—Exemptions
Section 6A(1)—after paragraph (a) insert:
(ab) to government documents specified, or of classes specified, in the
regulations for the purposes of this section; or
43—Amendment
of heading to Part 2 Division 1
Heading to Part 2 Division 1—delete "transactions" and
substitute:
electronic communications
44—Amendment
of section 7—Validity of electronic transactions and government
documents
Section 7(2)—delete subsection (2) and substitute:
(2) For the purposes of a law of this jurisdiction, a government document
is not invalid because it was issued wholly or partly by means of 1 or more
electronic communications.
(3) The general rules in this section do not apply in relation to the
validity of a transaction or government document to the extent to which another,
more specific, provision of this Act deals with the validity of the transaction
or document.
45—Amendment
of section 8—Writing
Section 8(3)—delete subsection (3) and substitute:
(3) For the
purposes of subsections (1)(b) and (2)(b), a person who is required to be given
a government document under any Act or law will be taken to have consented to
the document being given by means of an electronic communication if the person
has provided an email address to the relevant government agency for that
purpose.
(3a) This section does not affect the operation of usage rules applicable
under Part 3 or of any other law of this jurisdiction that makes provision for
or in relation to requiring or permitting information to be given, in accordance
with particular information technology requirements—
(a) on a particular kind of data storage device; or
(b) by means of a particular kind of electronic communication,
(and the usage rules or other law will be taken to apply to the exclusion
of this section).
46—Amendment
of section 9—Signatures
Section 9(2)—delete subsection (2) and substitute:
(2) For the
purposes of subsection (1)(c), a person who is required to be given a signed
government document under any Act or law will be taken to have consented to the
signature requirement being met by way of the use of the method mentioned in
subsection (1)(a).
(2a) This section does not affect the operation of usage rules applicable
under Part 3 or of any other law of this jurisdiction that makes provision for
or in relation to requiring—
(a) an electronic communication to contain an electronic signature
(however described); or
(b) an electronic communication to contain a unique identification in an
electronic form; or
(c) a particular method to be used in relation to an electronic
communication to identify the originator of the communication and to indicate
the originator's intention in respect of the information communicated,
(and the usage rules or other law will be taken to apply to the exclusion
of this section).
47—Amendment
of section 10—Production of document
Section 10(4)—delete subsection (4) and substitute:
(4) For the
purposes of subsections (1)(c) and (2)(c), a person to whom a government
document is required to be produced for inspection will be taken to have
consented to the document being produced by means of an electronic
communication.
(4a) This section does not affect the operation of usage rules applicable
under Part 3 or of any other law of this jurisdiction that makes provision for
or in relation to requiring or permitting electronic forms of documents to be
produced, in accordance with particular information technology
requirements—
(a) on a particular kind of data storage device; or
(b) by means of a particular kind of electronic communication,
(and the usage rules or other law will be taken to apply to the exclusion
of this section).
Part 3—delete the Part and substitute:
Part 3—Issue of government documents by approved
information system
15—Application of Part
(1) Subject to
subsection (2)
, a government document may be issued by means of electronic communication
in accordance with this Part or in any other manner that is not prohibited by
law.
(2) If an Act
provides for the issue of a government document only in the form of a physical
document or item, the document may only be issued by means of electronic
communication in accordance with this Part.
(3) For the purposes of
subsection (2)
, an Act will be taken to provide for the issue of a government document
only in the form of a physical document or item if (and only
if)—
(a) the Act expressly provides (by whatever form of words) that the
government document may not be issued in electronic form; or
(b) it is only possible to deal with the government document in the manner
required by the Act if the document is in the form of a physical document or
item.
(4) Subject to
subsection (5)
, this Part has effect despite the provisions of any other Act.
(5) If an Act
specifically provides for the application of this Part to government documents
issued under the Act, this Part has effect subject to the provisions of that
Act.
16—Minister may approve means of
issue
(1) The Minister may approve—
(a) 1 or more information systems for the issue, by means of electronic
communication, of government documents in accordance with this Part;
and
(b) rules relating to the use of an approved information system.
(2) Nothing prevents an approved information system from being used for
the purposes of other electronic communications of a class approved by the
Minister.
(3) If the Minister
approves an information system under this section, the Minister must specify in
the approval the kinds of modifications or updates to the information system
that will require further approval of the Minister.
(4) Except as provided in an approval in accordance with
subsection (3)
, any modifications or updates to an approved information system will not
require a further approval of the Minister (and the information system will be
taken to continue to be an approved information system regardless of the
modifications or updates).
(5) The Minister may vary or revoke usage rules as the Minister thinks
fit.
17—Approval for electronic issue of government
document
A responsible Minister in relation to a government document may approve the
issue of such a document by means of an approved information system in
accordance with this Part.
18—Electronic issue authorised if approved and
consent given
A government document may be issued by means of an approved information
system if—
(a) the responsible Minister in relation to the document has given
approval under
section 17
for the document being issued by such means; and
(b) the person to whom the document is to be issued has requested or
consented to the document being issued by such means.
19—Usage rules must be complied
with
A government document that is issued by means of an approved information
system may be displayed, carried, produced, surrendered, updated and otherwise
dealt with in accordance with the usage rules applying to that approved
information system at the time the document is displayed, carried, produced,
surrendered, updated and otherwise dealt with.
20—Prescribed modifications
The regulations may provide, in relation to a government document issued
under an Act, that the provisions of that Act apply with prescribed
modifications in a case where the document is or is to be, issued by means of an
approved information system in accordance with this Part.
21—Evidentiary
(1) In any proceedings, a certificate apparently signed by a Minister and
certifying as to any approval given by that Minister under this Part is
conclusive proof of the matters so certified.
(2) In any proceedings, a certificate apparently signed by the Minister to
whom the administration of this Act is committed and certifying that on a
specified date a specified person requested or consented to a specified kind of
government document being issued by means of an approved information system is
proof, in the absence of proof to the contrary, of the matter so
certified.
Part 4—Miscellaneous
22—Delegation
(1) The Minister may delegate any of the Minister's functions or powers
under this Act.
(2) A delegation under this section—
(a) must be in writing; and
(b) may be conditional or unconditional; and
(c) is revocable at will; and
(d) may, subject to any conditions of the instrument of delegation, be
further delegated; and
(e) does not prevent the delegator from acting in any matter.
23—Regulations
(1) The Governor
may make such regulations as are contemplated by, or necessary or expedient for
the purposes of, this Act.
(2) Regulations under this Act may—
(a) be of general application or limited application;
(b) make different provision according to the matters or circumstances to
which they are expressed to apply;
(c) provide that a matter or thing in respect of which regulations may be
made is to be determined according to the discretion of the Minister or another
specified person.
Part 9—Amendment
of Environment Protection
Act 1993
49—Amendment
of section 3—Interpretation
Section 3(1), after the definition of
waste—insert:
waste transport business means a waste transport business
(category A) or a waste transport business (category B), each within the meaning
of Schedule 1 Part A clause 3;
50—Amendment
of section 39—Notice and submissions in respect of applications for
environmental authorisations
(1) Section 39(3)(a)—delete paragraph (a)
(2) Section 39(3)(b)—delete "(category B) as described in Part A of
Schedule 1"
51—Amendment
of section 46—Notice and submissions in respect of proposed variations of
conditions
Section 46(5)(a)—delete paragraph (a)
52—Amendment
of section 57—Criteria for decisions of Authority in relation to
development authorisations
(1) Section 57(a)—delete paragraph (a)
(2) Section 57(c)—after "response" insert:
(if any)
Part 10—Amendment
of Evidence
Act 1929
After section 25 insert:
25A—Abolition of oath belief
rule
The rule of law or practice known as the oath belief rule that allows a
witness in a trial to be questioned and express an opinion about whether the
evidence given on oath by another witness in court is credible is
abolished.
Note—
See R v J, SM
2013
SASFC 96
Part 11—Repeal
of Financial Institutions Duty
Act 1983
54—Repeal
of Financial Institutions Duty
Act 1983
The
Financial
Institutions Duty Act 1983
is repealed.
Part 12—Amendment
of Fisheries Management
Act 2007
55—Amendment
of section 21—Continuation of Fund
(1) Section 21(3)—after paragraph (c) insert:
(ca) voluntary payments from persons and organisations involved in the
fishing industry; and
(2) Section 21(5)—after paragraph (c) insert:
(ca) in payment of the costs of—
(i) projects relating to the management of aquatic resources;
and
(ii) research or development relating to the fishing industry;
and
56—Amendment
of section 44—Procedure for preparing management
plans
(1) Section 44(3)(b)—delete "cause an advertisement to be published
in a newspaper circulating generally in the State" and substitute:
publish a notice in a manner determined by the Minister
(2) Section 44(5)—delete "an advertisement" and
substitute:
a notice
57—Amendment
of section 56—Duration of authority and periodic fee and return
etc
Section 56—after subsection (7) insert:
(7a) If—
(a) an authority has been suspended by the Minister under subsection (7);
and
(b) the suspension has been in effect for more than 6 months;
and
(c) the Minister cannot locate the holder of the authority after making a
reasonable attempt to do so,
the Minister may cancel the authority.
58—Amendment
of section 72—Sale, purchase or possession of aquatic resources without
authority prohibited
Section 72—after subsection (6) insert:
(7) Subsection (2) does not apply where a person has possession or control
of an aquatic resource of a protected species pursuant to a permit issued by the
Minister.
(8) The Minister must not issue a permit for the purposes of
subsection (7) unless of the opinion that it is in the public interest to
do so.
59—Amendment
of section 74—Unauthorised trafficking in fish of priority species
prohibited
Section 74(2)—delete subsection (2) and substitute:
(2) In proceedings for an offence against subsection (1), if it is proved
that a person had a commercial quantity of an aquatic resource of any species in
his or her possession or control, it will be presumed, in the absence of proof
to the contrary, that the person had that aquatic resource in his or her
possession or control for the purposes of trafficking.
(3) In this section—
traffic in fish includes—
(a) sell fish; and
(b) take fish for sale; and
(c) receive fish; and
(d) process fish; and
(e) engage in any act preparatory to an act referred to in a preceding
paragraph.
60—Amendment
of section 78—Unauthorised activities relating to exotic organisms or
noxious species prohibited
Section 78(1)—delete subsection (1) and substitute:
(1) A person must
not, except as authorised by a permit issued by the Minister—
(a) bring, or cause to be brought, into the State; or
(b) take from any waters; or
(c) sell, purchase or deliver; or
(d) have possession or control of,
aquatic resources of a noxious species.
Maximum penalty:
(a) in the case of a body corporate—$250 000;
(b) in the case of a natural person—$120 000.
61—Insertion
of Part 7 Division 4
Part 7—after Division 3 insert:
Division 4—Miscellaneous
79A—Permits
(1) A permit issued by the Minister for the purposes of this
Part—
(a) is not transferable; and
(b) is subject to such conditions as the Minister thinks fit and specifies
in the permit.
(2) The Minister may at any time, by written notice given to the holder of
a permit, vary or revoke a condition of the authority, or impose a further
condition.
(3) The holder of a permit issued for the purposes of this Part must not
contravene a condition of the permit.
Maximum penalty:
(a) in the case of a body corporate—$250 000;
(b) in the case of a natural person—$120 000.
62—Amendment
of section 124—Confidentiality
(1) Section 124(1)(d)—delete paragraph (d) and substitute:
(d) to a law enforcement, prosecution or administrative authority of any
Australian jurisdiction, where the information is required for the proper
administration or enforcement of an Act or law of such a jurisdiction;
or
(2) Section 124—after subsection (4) insert:
(5) In this section—
Australian jurisdiction means the Commonwealth or a State or
Territory of the Commonwealth.
Part 13—Repeal
of Gift Duty
Act 1968
63—Repeal
of Gift Duty
Act 1968
is repealed.
Part 14—Amendment
of Heritage Places
Act 1993
64—Amendment
of section 7—Proceedings of Council
(1) Section 7—delete subsection (5) and substitute:
(5) A conference by telephone or other electronic means between the
members of the Council will, for the purposes of this section, be taken to be a
meeting of the Council at which the participating members are present
if—
(a) notice of the conference is given to all members in the manner
determined by the Council for the purpose; and
(b) each participating member is capable of communicating with every other
participating member during the conference.
(5a) A proposed resolution of the Council in connection with a prescribed
urgent matter becomes a valid decision of the Council despite the fact that it
is not voted on at a meeting of the Council if—
(a) notice of the proposed resolution is given to all members of the
Council in accordance with procedures determined by the Council; and
(b) a majority of the members express concurrence in the proposed
resolution by letter, fax, e-mail or other written communication setting out the
terms of the resolution.
(2) Section 7(6)—delete "The Council may order that the public be
excluded from a meeting" and substitute:
A meeting of the Council is to be open to the public unless the Council
considers it necessary and appropriate to exclude the public
(3) Section 7—after subsection (8) insert:
(9) In this section—
prescribed urgent matter means—
(a) the provisional entry of a place in the Register under
section 17(2)(b); or
(b) the making of an order under section 30(1).
Part 15—Repeal
of Industries Development
Act 1941
65—Repeal
of Industries Development
Act 1941
The
Industries
Development Act 1941
is repealed.
Part 16—Amendment
of Land Agents
Act 1994
66—Amendment
of section 9—Duration of registration and annual fee and
return
Section 9(3)—delete "and, in addition, to pay to the Commissioner the
amount fixed by regulation as a penalty for default"
67—Amendment
of section 22—Audit of trust accounts
(1) Section 22(4)—delete "and, in addition, to pay to the
Commissioner the amount fixed by the regulations as a civil penalty for the
default"
(2) Section 22(7)—delete subsection (7)
Part 17—Amendment
of Local Nuisance and Litter Control
Act 2016
68—Amendment
of section 50—Evidentiary provisions
Section 50(1)—delete "(1)(a) or section 17(1)(b)"
69—Amendment
of section 51—Regulations
(1) Section 51(2)—after paragraph (e) insert:
(ea) include evidentiary provisions to facilitate proof of breaches of the
Act or the regulations for the purposes of proceedings for offences;
(eb) contain provisions of a savings or transitional nature;
(2) Section 51(4)(e) and (f)—delete paragraphs (e) and (f)
Part 18—Amendment
of Major Events
Act 2013
70—Amendment
of section 4—Interpretation
(1) Section 4(1), definition of controlled area—delete
"section" and substitute:
sections 6B(2) and
(2) Section 4(1)—after the definition of controlled
area insert:
council has the same meaning as in the
Local
Government Act 1999
;
declaration, of a major event, means a declaration under Part
2—
(a) made by the Minister by notice in the Gazette under section 6B;
or
(b) made by the Governor by regulation under section 7;
(3) Section 4(1), definition of event organiser—delete
"regulations" and substitute:
declaration relating to the event
(4) Section 4(1), definition of major event—delete
"the regulations" and substitute:
a declaration under Part 2
(5) Section 4(1), definition of major event
period—delete the definition and substitute:
major event period, for a major event, means the period
specified in the declaration relating to the event as the period during which
the declaration is in force;
Section 5—delete the section and substitute:
5—Meaning of major event venue
For the purposes of this Act, a major event venue
is—
(a) any of the following that is, in the declaration of a major event
under Part 2, declared to be a major event venue:
(i) a venue or facility used for the conduct of the event (including
ancillary, service or related areas used in connection with such a venue or
facility);
(ii) a media centre or other communications facility for the media for the
event;
(iii) physical infrastructure associated with the event; and
(b) a public place, or any part of a public place, that is within
50 metres of a major event venue, being a public place, or part of a public
place, specified in the declaration for the purposes of this paragraph;
and
(c) any other place specified in the declaration for the purposes of this
definition,
but is only such a venue during the relevant declared period.
72—Substitution
of heading to Part 2
Heading to Part 2—delete the heading and substitute:
Part 2—Declaration of major
events
73—Insertion
of sections 6A and 6B
Before section 7 insert:
6A—Declaration of major events
A declaration of an event as a major event for the purposes of this Act may
be made—
(a) by the Minister by notice in the Gazette under
section 6B
; or
(b) by the Governor by regulation under section 7.
6B—Declaration of major event by
Minister
(1) The Minister
may, by notice in the Gazette—
(a) declare an event to be a major event for the purposes of this Act;
and
(b) specify the
major event period for the event; and
(c) declare a major event venue for the purposes of the event;
and
(d) designate a person as the event organiser for the event; and
(e) declare that specified roads will be closed to traffic for a specified
period—
(i) for the purposes of the event; and
(ii) for the purposes of maintaining good order, or preventing
interference with events or activities conducted, at the major event venue;
and
(f) declare that Part 3, or a provision of Part 3, applies to any (or all)
of the following:
(i) the event;
(ii) the major event venue for the event;
(iii) a specified controlled area for the event; and
(g) declare an area described, or shown on a map, in the notice to be a
controlled area for the event; and
(h) declare an article of a prescribed class to be a prescribed
article in relation to the event; and
(i) declare a prescribed period to be a sales control period
in relation to the event; and
(j) declare airspace that is within unaided sight of a major event venue
for the event to be advertising controlled airspace for the period
specified in the notice for the purposes of this paragraph; and
(k) make any other declaration in relation to the event as is contemplated
by, or necessary or expedient for the purposes of, this Act.
(2) A controlled
area declared for a major event may include—
(a) a road or road-related area; and
(b) a bridge, footpath or other thoroughfare; and
(c) any other public place, or part of any other public place,
within the vicinity of a major event venue for the event.
(3) Before making a declaration under this section, the Minister must
consult with the council in whose area the event is to be held or whose area
will be directly affected by the holding of the event.
(4) Without limiting
subsection (1)(b)
, a major event period may include a period to set up or prepare for the
major event and to pack up or clean up after the event and to replace, restore
or remove any infrastructure or equipment.
(5) A notice under this section may be varied or revoked by further notice
in the Gazette.
74—Amendment
of section 7—Declaration of major event by regulation
(1) Section 7(1)—delete subsection (1)
(2) Section 7(2)—delete "Without limiting the generality of
subsection (1), the regulations may" and substitute:
The Governor may, by regulation—
(3) Section 7(2)(h)—delete "close specified roads" and
substitute:
declare that specified roads will be closed
(4) Section 7(3)—delete "Without limiting the generality of the
previous subsections, regulations" and substitute:
Regulations
(5) Section 7(3)(b)—delete paragraph (b) and substitute:
(b) declare an area described, or shown on a map, in the regulations to be
a controlled area for the event; and
(6) Section 7(7) and (8)—delete subsections (7) and (8)
(7) Section 7(10)—delete subsection (10)
After section 27 insert:
28—Regulations
(1) The Governor may make such regulations as are contemplated by, or
necessary or expedient for the purposes of, this Act.
(2) The regulations may—
(a) be of general or limited application; and
(b) make different provision according to the persons, things or
circumstances to which they are expressed to apply; and
(c) provide that any matter or thing is to be determined, dispensed with,
regulated or prohibited according to the discretion of the Minister or another
prescribed person or authority.
(3) In proceedings for an offence against a regulation dealing with the
driving, parking or standing of vehicles—
(a) an allegation in a complaint that a person named in the complaint was
the owner of a specified vehicle on a specified day will be taken to be proved
in the absence of proof to the contrary; and
(b) if it is proved that a vehicle was parked in contravention of a
regulation, it will be presumed, in the absence of proof to the contrary, that
the vehicle was so parked by the owner of the vehicle.
Part 19—Amendment
of Motor Vehicles
Act 1959
76—Amendment
of section 5—Interpretation
(1) Section 5(1), definition of voluntary alcohol interlock scheme
conditions—delete the definition
(2) Section 5—after subsection (4) insert:
(5) Subject to
subsection (6)
, a licence, permit, exemption or other authorisation or document issued
under this Act may be issued—
(a) in the form of a physical document or item; or
(b) in electronic form; or
(c) in both the form of a physical document or item and in electronic
form.
(6) Part 3 of the
Electronic
Communications Act 2000
applies in relation to the issue of a licence, permit, exemption or other
authorisation or document under this Act in electronic form (and a licence,
permit, exemption or other authorisation or document under this Act will only be
issued in electronic form if the requirements of section 18 of that Act are
satisfied).
(6a) The regulations may provide that specified provisions of this Act
apply with modifications prescribed by the regulations to a licence, permit,
exemption or other authorisation or document issued under this
Act—
(a) in electronic form; or
(b) in the form of a physical document or item where the licence, permit,
exemption or other authorisation or document has also been issued in electronic
form.
77—Amendment
of section 9—Duty to register
(1) Section 9(1a)—delete subsection (1a) and substitute:
(1a) However, subsection (1) does not apply to a person who drives a motor
vehicle, or causes a motor vehicle to stand, if the person proves that the
person—
(a) drove the motor vehicle, or caused the motor vehicle to stand, in
prescribed circumstances; and
(b) did not know that the motor vehicle was unregistered.
(2) Section 9(1c) and (2)—delete subsections (1c) and (2) and
substitute:
(1c) It is a defence to a charge of an offence against subsection (1) if
the defendant was not a registered owner or the registered operator of the
vehicle and the defendant proves that the defendant did not know, and could not
reasonably be expected to have known, that the vehicle was
unregistered.
78—Amendment
of section 16—Permits to drive vehicles without
registration
Section 16(7)—delete subsection (7) and substitute:
(7) A permit issued under this section will cease to have any force or
effect—
(a) in the case of a permit issued under subsection (1)—
(i) when information becomes publicly available (in a manner prescribed by
regulation) that the motor vehicle has been registered; or
(ii) when the period specified in the permit expires,
whichever occurs first;
(b) in the case of a permit issued under subsection (2)—
(i) when information becomes publicly available (in a manner prescribed by
regulation) that the motor vehicle has been registered; or
(ii) on the expiration of the prescribed period,
whichever occurs first.
79—Repeal
of Part 2 Division 9
Part 2 Division 9—delete Division 9
Heading to Part 2 Division 12—delete ", labels"
81—Amendment
of section 71A—Property in plates and documents
Section 71A—delete ", registration labels"
82—Amendment
of section 71B—Replacement of plates and documents
(1) Section 71B(1)—delete ", prescribed document or registration
label" and substitute:
or prescribed document
(2) Section 71B(1)—delete "or a duplicate registration
label"
(3) Section 71B(2)—delete "or duplicate label"
(4) Section 71B(2)—delete ", document or label" and
substitute:
or document
83—Amendment
of section 75AA—Only 1 licence to be held at any time
Section 75AA—after subsection (6) insert:
(7) A requirement to surrender a permit or licence under this section only
applies in relation to a permit or licence that is held in the form of a
physical document or item.
(8) Nothing in this section affects the ability of the Registrar to
issue—
(a) to a person who holds a permit or licence issued in the form of a
physical document or item the same permit or licence in electronic form (without
surrender of the permit or licence issued in the form of a physical document or
item); or
(b) to a person who holds a permit or licence issued in electronic form
the same permit or licence in the form of a physical document or item (without
surrender of the permit or licence issued in electronic form).
84—Amendment
of section 102—Duty to insure against third party
risks
(1) Section 102(1a)—delete subsection (1a) and substitute:
(1a) However, subsection (1) does not apply to a person who drives a motor
vehicle, or causes a motor vehicle to stand, if the person proves that the
person—
(a) drove the motor vehicle, or caused the motor vehicle to stand, in
prescribed circumstances; and
(b) did not know that the motor vehicle was uninsured.
(2) Section 102(1c)—delete subsection (1c) and substitute:
(1c) It is a defence to a charge of an offence against subsection (1) if
the defendant was not a registered owner or the registered operator of the
vehicle and the defendant proves that the defendant did not know, and could not
reasonably be expected to have known, that the vehicle was uninsured.
85—Amendment
of section 138B—Effect of dishonoured cheques etc on transactions under
the Act
(1) Section 138B(4)—delete "label," wherever occurring
(2) Section 138B(6)—delete "label," wherever occurring
86—Amendment
of section 141—Evidence by certificate etc
Section 141(h)—delete paragraph (h)
87—Amendment
of section 142—Facilitation of proof
Section 142(a)—delete paragraph (a) and substitute:
(a) proof that a motor vehicle does not bear a distinguishing number as
prescribed by this Act, or that a motor vehicle bears a number other than the
number issued under this Act in respect of that motor vehicle is, in the absence
of proof to the contrary, proof that the motor vehicle is not
registered;
88—Amendment
of section 145—Regulations
Section 145(1)(b)—delete "or a registration label or permit" and
substitute:
or a permit
Schedule 6—delete the Schedule
A registration label issued under section 48 of the
Motor
Vehicles Act 1959
(the Act) in relation to a heavy vehicle (within the meaning
of the Act) is not, after the commencement of
section 79
of this Act, taken to be a registration label for the purposes of the
Act.
Part 20—Repeal
of Mount Gambier Hospital Hydrotherapy Pool Fund
Act 2009
91—Repeal
of Mount Gambier Hospital Hydrotherapy Pool Fund
Act 2009
The
Mount
Gambier Hospital Hydrotherapy Pool Fund Act 2009
is repealed.
Part 21—Repeal
of Naracoorte Town Square
Act 2005
92—Repeal
of Naracoorte Town Square
Act 2005
The
Naracoorte
Town Square Act 2005
is repealed.
Part 22—Amendment
of National Parks and Wildlife
Act 1972
93—Amendment
of section 34A—Constitution of regional reserves by
proclamation
Section 34A(5)—delete subsection (5)
Part 23—Amendment
of Natural Gas Authority
Act 1967
Section 22—delete the section
Part 24—Amendment
of Plant Health
Act 2009
95—Amendment
of section 21—Periodic fees and returns
Section 21(1)—delete "for each period fixed by regulation and not
later than the date fixed by regulation"
in each year, on or before the first day of the month following the
anniversary of the date on which the person was granted accreditation
96—Amendment
of section 29—Periodic fees and returns
Section 29(1)—delete "for each period fixed by regulation and not
later than the date fixed by regulation"
in each year, on or before the first day of the month following the
anniversary of the date on which the person was granted registration
Part 25—Amendment
of Plumbers, Gas Fitters and Electricians
Act 1995
97—Amendment
of section 6—Obligation of contractors to be licensed
Section 6—after subsection (2) insert:
(3) The
Commissioner may, on application, exempt a person from compliance with this
section subject to such conditions as the Commissioner thinks fit.
(4) The Commissioner may vary or revoke an exemption granted under
subsection (3)
as the Commissioner thinks fit.
98—Amendment
of section 11—Duration of licence and periodic fee and return
etc
Section 11(3)—delete "and, in addition, to pay to the Commissioner
the amount fixed by regulation as a penalty for default"
99—Amendment
of section 18—Duration of registration and periodic fee and return
etc
Section 18(3)—delete "and, in addition, to pay to the Commissioner
the amount fixed by regulation as a penalty for default"
Part 26—Amendment
of Public Corporations
Act 1993
100—Amendment
of section 38B—Exclusion of operation of Commonwealth industrial relations
legislation in specified cases
Section 38B(1)(c)—delete paragraph (c) and substitute:
(c) the Urban Renewal Authority.
Part 27—Amendment
of Rail Commissioner
Act 2009
After section 16 insert:
16A—Standing approvals etc
If a provision of this Act confers a power on the Commissioner the exercise
of which requires the approval or consent of the Minister, the Minister may, if
the Minister thinks fit, give a standing approval or consent, subject to such
conditions (if any) as the Minister thinks fit to impose, to cover the exercise
of that power from time to time.
Part 28—Amendment
of Road Traffic
Act 1961
Section 83A—delete the section
Part 29—Amendment
of Rural Advances Guarantee
Act 1963
103—Amendment
of section 2—Interpretation
(1) Section 2, definition of bank, (b)—delete ", on
the recommendation of the Committee"
(2) Section 2, definition of the Committee—delete the
definition
104—Amendment
of section 3—Treasurer may guarantee repayment of
loan
Section 3(2)(e)—delete paragraph (e)
Section 5—delete the section
106—Amendment
of section 7—Treasurer may agree to deferment of interest or
principal
Section 7(b)—delete paragraph (b)
Part 30—Amendment
of Second-hand Vehicle Dealers
Act 1995
107—Amendment
of section 3—Interpretation
(1) Section 3—after the definition of model
designation insert:
notified premises, in relation to a dealer, means premises in
relation to which the dealer has given notice to the Commissioner as required by
section 14;
(2) Section 3, definition of registered
premises—delete the definition
108—Amendment
of section 11—Duration of licence and annual fee and
return
Section 11(3)—delete "and, in addition, to pay to the Commissioner
the amount fixed by regulation as a penalty for default"
109—Substitution
of Part 2 Division 2
Part 2 Division 2—delete Division 2 and substitute:
Division 2—Notification of dealer's business
premises
14—Notification of business
premises
(1) A licensed
dealer must, before commencing to carry on business as a dealer at any premises,
give the Commissioner notice in relation to the premises as required by this
section.
Maximum penalty: $5 000.
Expiation fee: $315.
(2) A licensed dealer may carry on business as a dealer
at—
(a) a motor show; or
(b) any other organised event at which motor vehicles are
exhibited,
for a period not exceeding 7 days without complying with
subsection (1)
in relation to the premises at which the motor show or other event is
being held provided that the dealer also carries on business as a dealer at
premises in relation to which the dealer has given notice under that
subsection.
(3) A licensed dealer is not required to comply with
subsection (1)
in relation to premises in relation to which information was provided to
the Commissioner by the dealer as part of an application for a licence to carry
on business as a dealer.
(4) A licensed dealer must, within 14 days after ceasing to carry on
business as a dealer at premises in relation to which the dealer has given
notice under
subsection (1)
, give the Commissioner notice of that fact.
Maximum penalty: $5 000.
Expiation fee: $315.
(5) Notice under this section must be given in a manner and form approved
by the Commissioner.
110—Amendment
of section 17—Form of contract
Section 17(1)(d)(viii)—delete "registered" and substitute:
business
111—Amendment
of section 24—Enforcement of duty to repair
Section 24(1)(b)—delete "registered" and substitute:
business
112—Amendment
of section 27—Cause for disciplinary action
Section 27(1)(g)—delete paragraph (g)
113—Amendment
of section 31—Disciplinary action
Section 31(1)(c)(iii) and (iv)—delete subparagraphs (iii) and
(iv)
114—Amendment
of section 39—Register of dealers
(1) Section 39(1)—delete subsection (1) and substitute:
(1) The Commissioner must keep a register of persons licensed as dealers
under this Act.
(2) Section 39(2)—after paragraph (b) insert:
(c) details of premises in relation to which licensed dealers have given
notice as required by section 14.
115—Amendment
of section 50—Evidence
Section 50(2)(b)—delete paragraph (b) and substitute:
(b) that premises were or were not notified premises on a specified
date,
116—Amendment
of Schedule 3—Second-hand Vehicles Compensation Fund
(1) Schedule 3, clauses 2 and 2A—delete the clauses and
substitute:
2—Claim against Fund
(1) A person (not
being a dealer) who has—
(a) purchased a second-hand vehicle from a dealer; or
(b) made a payment to a dealer in respect of the purchase of a second-hand
vehicle under a contract that has been rescinded in accordance with section 18B;
or
(c) sold a second-hand vehicle to a dealer; or
(d) left a second-hand vehicle in a dealer's possession to be offered for
sale by the dealer on behalf of the person,
may make a claim for compensation from the Fund in respect of an
unsatisfied claim against the dealer arising out of or in connection with the
transaction.
(2) A claim for compensation from the Fund must—
(a) be made to the Commissioner; and
(b) be made in a manner and form determined by the Commissioner.
(a) applies to a claim relating to a transaction only if the dealer was
licensed, or the claimant reasonably believed the dealer to have been licensed,
at the time of the transaction;
(b) does not apply to a claim arising out of or in connection
with—
(i) the sale of a second-hand vehicle by auction; or
(ii) the sale of a second-hand vehicle negotiated immediately after an
auction for the sale of the vehicle was conducted,
if the auctioneer who conducted the auction or negotiated such a sale (as
the case may be) was acting as an agent only and was selling the vehicle on
behalf of another person who was not a licensed dealer;
(c) does not apply to a claim prescribed by regulation.
(4) The Commissioner may require a person making a claim—
(a) to furnish further information specified by the Commissioner;
and
(b) to verify, by statutory declaration, information furnished for the
purposes of making or establishing a claim.
(5) The Commissioner must, on receipt of a claim for
compensation—
(a) give the claimant and the dealer or former dealer concerned notice of
the claim; and
(b) allow the claimant and the dealer or former dealer a reasonable
opportunity to make submissions as to the claim.
(6) The Commissioner must, on making a determination on a claim, give the
claimant and the dealer or former dealer written notice of the
determination.
(7) In determining a claim for compensation under this clause, any
possible reduction to which the claimant's entitlement may be subject because of
insufficiency of the Fund must be disregarded.
(8) In determining a claim for compensation under this clause, questions
of fact are to be decided on the balance of probabilities.
(9) If the Commissioner is satisfied that—
(a) the claimant has a valid unsatisfied claim against the dealer arising
out of or in connection with the transaction; and
(b) the claimant has no reasonable prospect of recovering the amount of
the claim (except under this Schedule),
the Commissioner may make a determination authorising a payment to the
claimant from the Fund.
(10) The claimant or the dealer or former dealer concerned may, within
3 months after receiving notice of the Commissioner's determination, appeal
to the Magistrates Court against the determination.
(11) If an appeal is not instituted within the time allowed, the
claimant's entitlement to compensation is finally determined for the purposes of
this Schedule.
(2) Schedule 3, clause 5(1)—delete "Magistrates Court" and
substitute:
Commissioner
(3) Schedule 3, clause 5(1)—delete "order or"
A person licensed under the
Second-hand
Vehicle Dealers Act 1995
(the Act) as a dealer immediately before the commencement of
this section is not required to give notice under section 14(1) of the Act in
relation to premises that were, immediately before that commencement, registered
under the Act in the name of that person.
Part 31—Amendment
of Security and Investigation Industry
Act 1995
118—Amendment
of section 7C—Annual fee and return
Section 7C(2)—delete "and, in addition, to pay to the Commissioner
the amount fixed by regulation as a penalty for default"
119—Amendment
of section 11A—Power of Commissioner to require photograph and
information
Section 11A(3)—delete "and, in addition, to pay to the Commissioner
the amount fixed by regulation as a penalty for default"
120—Amendment
of section 23AAA—Entitlement to provide security industry
training
Section 23AAA(11)(b)—delete "and, in addition, to pay to the
Commissioner the amount fixed by regulation as a penalty for default.
121—Amendment
of section 23S—Security agents, security industry trainers or directors
may be required to provide fingerprints
Section 23S(3)—delete "and, in addition, to pay to the Commissioner
the amount fixed by regulation as a penalty for default"
122—Amendment
of section 23T—Security agent authorised to control crowds may be required
to take part in psychological assessment or to undertake
training
Section 23T(2)—delete "and, in addition, to pay to the Commissioner
the amount fixed by regulation as a penalty for default"
Part 32—Repeal
of Software Centre Inquiry (Powers and
Immunities) Act 2001
123—Repeal
of Software Centre Inquiry (Powers and
Immunities) Act 2001
The
Software
Centre Inquiry (Powers and Immunities) Act 2001
is repealed.
Part 33—Repeal
of South Australian Meat Corporation (Sale of
Assets) Act 1996
124—Repeal
of South Australian Meat Corporation (Sale of
Assets) Act 1996
The
South
Australian Meat Corporation (Sale of Assets) Act 1996
is repealed.
Part 34—Repeal
of South Australian Meat Corporation
Act 1936
125—Repeal
of South Australian Meat Corporation
Act 1936
The
South
Australian Meat Corporation Act 1936
is repealed.
Part 35—Amendment
of Stamp Duties
Act 1923
126—Amendment
of section 2—Interpretation
(1) Section 2(1), definition of intellectual
property—delete the definition
(2) Section 2(1), definition of property, (a)—delete
paragraph (a)
(3) Section 2(1), definition of recognised financial market,
(a)—delete "Australian Stock Exchange Limited" and substitute:
Australian Securities Exchange Limited
Section 3C—delete the section
128—Amendment
of section 31—Certain contracts to be chargeable as conveyances on
sale
(1) Section 31(1)(b)—delete paragraph (b)
(2) Section 31(1)(c)—delete "or financial products"
129—Repeal
of Part 3 Division 2
Part 3 Division 2—delete Division 2
130—Amendment
of section 67—Computation of duty where instruments are
interrelated
Section 67(2)(b) and (c)—delete paragraphs (b) and (c)
131—Amendment
of section 71—Instruments chargeable as conveyances
(1) Section 71(4)—delete ", a financial product" wherever
occurring
(2) Section 71(5)(c)—delete paragraph (c)
(3) Section 71(11) and (11a)—delete subsections (11) and
(11a)
Section 71C—delete the section
133—Repeal
of Part 3 Division 7
Part 3 Division 7—delete Division 7
134—Repeal
of Part 3 Division 10
Part 3 Division 10—delete Division 10
Part 3A—delete the Part
136—Repeal
of Part 4A Divisions 1 and 2
Part 4A Divisions 1 and 2—delete Divisions 1 and 2
137—Amendment
of section 104B—Application of Division
Section 104B(2)—delete "financial product,"
138—Repeal
of Part 4A Divisions 4 and 5
Part 4A Divisions 4 and 5—delete Divisions 4 and 5
139—Amendment
of Schedule 2—Stamp duties and exemptions
(1) Schedule 2, clause 3(1)—after "including contract or agreement
for sale" insert:
, or conveyance operating as a voluntary disposition inter vivos of
any property (including a statement under Part 4)
(2) Schedule 2, clause 3(1)(a)—delete paragraph (a)
(3) Schedule 2, clause 3(1)(b)—delete "in any other case (not being
a conveyance or transfer on sale of any financial product)—"
(4) Schedule 2, clause 3(2)—after exemption 2 insert:
3. Conveyance operating as a voluntary disposition inter vivos by
an employer of any property for the purpose of providing individual personal
benefits, pensions or retiring allowances for the employer's
employees.
(5) Schedule 2, clause 4—delete the clause
(6) Schedule 2, clause 11—delete the clause
An amendment to the
Stamp
Duties Act 1923
made by this Part does not affect any liability to pay duty that existed
under that Act as in force immediately before the commencement of the
amendment.
Part 36—Amendment
of Survey Act 1992
141—Amendment
of section 4—Interpretation
Section 4(1), definition of Survey Advisory
Committee—delete the definition
142—Repeal
of Part 2 Division 2
Part 2 Division 2—delete Part 2 Division 2
143—Amendment
of section 10—Functions of Institution of Surveyors under
Act
Section 10(1)—delete subsection (1) and substitute:
(1) The Institution of Surveyors is responsible for—
(a) monitoring the operation of this Act and the law relating to
surveying; and
(b) exercising a general oversight over surveying, and the keeping of
survey records, in this State; and
(c) monitoring the operation of survey instructions in force under this
Act; and
(d) exercising a
general oversight over the professional practice of surveyors; and
(e) monitoring the
standards of courses of instruction and training available to—
(i) those seeking licensing or registration as surveyors; and
(ii) surveyors seeking to maintain or improve their skills in surveying
practice; and
(f) consulting with
educational authorities in relation to the establishment, maintenance or
improvement of courses referred to in
paragraph (e)
; and
(g) making recommendations to the Minister with respect to the matters
referred to in the preceding paragraphs; and
(h) providing financial and other assistance for the conduct by a
university of, or participation of a student in, a course of instruction and
training that provides qualifications for licensing or registration as a
surveyor, and otherwise promoting surveying as a career, as agreed with the
Minister; and
(i) carrying out such other functions as are assigned to it by this
Act.
144—Amendment
of section 43—Survey instructions
Section 43(4)—delete "Survey Advisory Committee" and
substitute:
Institution of Surveyors
Part 37—Repeal
of Wilpena Station Tourist Facility
Act 1990
145—Repeal
of Wilpena Station Tourist Facility
Act 1990
The
Wilpena
Station Tourist Facility Act 1990
is repealed.
Part 38—Repeal
of Year 2000 Information Disclosure
Act 1999
146—Repeal
of Year 2000 Information Disclosure
Act 1999
The
Year
2000 Information Disclosure Act 1999
is repealed.