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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 No 2)
Bill 2017
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or to remove obsolete or out of date matter or practices; to repeal various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 Aerodrome Fees Act 1998
4Amendment
of section 6—Aerodrome operator may fix fees for arrivals, departures
etc
Part 3—Amendment of Agricultural and
Veterinary Products (Control of Use) Act 2002
5Amendment
of section 20—Manner of making order
Part 4—Amendment of Air Transport
(Route Licensing—Passenger Services) Act 2002
6Amendment
of section 5—Declared routes
Part 5—Amendment of Aquaculture
Act 2001
7Amendment
of section 28—Granting of corresponding licence for pilot
lease
10Amendment of section 39A—Granting of
research leases and corresponding licences
11Amendment of section 50—Grant of
licences other than corresponding licences
Part 6—Amendment of Associations
Incorporation Act 1985
12Amendment of section 43A—Application for
deregistration
13Amendment of section 44—Defunct
associations
Part 7—Amendment
of AustralAsia Railway (Third Party Access) Act 1999
14Amendment of Schedule—AustralAsia
Railway (Third Party Access) Code
Part 8—Repeal of Bank Merger
(National/BNZ) Act 1997
15Repeal
of Bank Merger (National/BNZ) Act 1997
Part 9—Repeal of Corporal Punishment
Abolition Act 1971
16Repeal
of Corporal Punishment Abolition Act 1971
Part 10—Amendment
of Correctional Services Act 1982
17Amendment of section 81E—Notice to
victims to be published
Part 11—Amendment of Crown Land
Management Act 2009
18AClassification
as community land
Part 12—Amendment of Dog Fence
Act 1946
35AEstablishment of
local dog fence boards
35CVariation and
abolition of local boards
Part 13—Amendment of Emergency
Services Funding Act 1998
21Amendment of section 20—Sale of land for
non-payment of levy
Part 14—Amendment
of Environment Protection Act 1993
22Amendment of section 28—Normal procedure
for making policies
24Amendment of section 46—Notice and
submissions in respect of proposed variations of conditions
Part 15—Amendment
of Explosives Act 1936
25Amendment of section 25—Power to sell
explosives
Part 16—Amendment
of Fire and Emergency Services Act 2005
26Amendment of section 78—Fire danger
season
27Amendment of section 105F—Private
land
Part 17—Amendment of Fisheries
Management Act 2007
28Amendment of section 44—Procedure for
preparing management plans
29Amendment of section 54—Application for
licence, permit or registration
30Amendment of section 57—Transfer of
licence or permit
31Amendment of section 64—Applications for
registration
32Amendment of section 68—Issue of
duplicate authority
33Amendment of section 104—Demerit points
for certain offences
34Amendment of section
116—Registers
35Amendment of section
127—General
Part 18—Amendment
of Gaming Machines Act 1992
36Amendment of section 29—Certain
applications require advertisement
37Amendment of section 42A—Advertisement
of certain applications and objections
Part 19—Amendment of Genetically
Modified Crops Management Act 2004
38Amendment of section 5—Designation of
areas
Part 20—Amendment
of Geographical Names Act 1991
39Amendment of section 11B—Assignment of
geographical name
Part 21—Amendment
of Government Business Enterprises (Competition) Act 1996
40Amendment of section 11—Public notice of
investigation
Part 22—Amendment
of Heavy Vehicle National Law (South Australia) Act 2013
Part 23—Amendment
of Impounding Act 1920
42Amendment of section 25—Notice of
impounding
43Amendment of section 26—Poundkeeper may
charge for service of notice
44Amendment of section 32—Proceedings
prior to sale by poundkeeper of unclaimed cattle
45Amendment of section 33—Time and mode of
sale of impounded cattle
Part 24—Amendment
of Irrigation Act 2009
46Amendment of section 14—Dissolution on
application
47Amendment of section 15—Dissolution on
Minister's initiative
Part 25—Repeal of Liens on Fruit
Act 1923
49Repeal
of Liens on Fruit Act 1923
Part 26—Amendment
of Livestock Act 1997
50Amendment of section 37—Gazette
notices
Part 27—Amendment
of Marine Parks Act 2007
51Amendment of section 14—Procedure for
making or amending management plans
Part 28—Amendment of Maritime
Services (Access) Act 2000
52Amendment of section 43—Review and
expiry of Part
Part 29—Amendment
of Motor Vehicles Act 1959
53Amendment of section 24—Duty to grant
registration
54Amendment of section 38A—Reduced fees
for pensioner entitlement card holders
56Amendment of section 47C—Return,
recovery etc of number plates
59Amendment of section 79—Examination of
applicant for licence or learner's permit
60Amendment of section 80—Ability or
fitness to be granted or hold licence or permit
61Amendment of section 141—Evidence by
certificate etc
62Amendment of section
145—Regulations
Part 30—Amendment
of National Parks and Wildlife Act 1972
63Amendment of section
5—Interpretation
11ADirector of
National Parks and Wildlife
65Amendment of section 38—Management
plans
66Amendment of section 41A—Alteration of
boundaries of reserves
67Amendment of section 49A—Permits for
commercial purposes
68Amendment of section 60D—Code of
management
69Amendment of section 60I—Plan of
management
Part 31—Amendment
of Payroll Tax Act 2009
70Section
95—Assessment if no probate within 6 months of death
Part 32—Amendment
of Petroleum Products Regulation Act 1995
71Amendment of section 34—Controls during
periods of restriction
72Amendment of section 38—Publication of
desirable principles for conserving petroleum
Part 33—Amendment of Phylloxera and
Grape Industry Act 1995
73Amendment of section 18—Duty to prepare
and maintain five year plan
Part 34—Amendment of Prices
Act 1948
74Amendment of section 12—Accounts and
records in relation to certain declared goods and services
Part 35—Amendment
of Primary Industry Funding Schemes Act 1998
75Amendment of section 9—Management plan
for fund
Part 36—Amendment
of Public Assemblies Act 1972
76Amendment of section 4—Notice of
assembly
Part 37—Amendment of Public Finance
and Audit Act 1987
77Amendment of section 8—Special deposit
accounts
78Amendment of section 9—Imprest
accounts
79Amendment of section
21—Deposits
Part 38—Amendment
of Railways (Operations and Access) Act 1997
81Amendment of section 7A—Review and
expiry of access regime
Part 39—Repeal of Redundant Officers
Fund Act 1936
82Repeal
of Redundant Officers Fund Act 1936
Part 40—Amendment
of Road Traffic Act 1961
83Amendment of section 33—Road closing
and exemptions for certain events
Part 41—Amendment
of Serious and Organised Crime (Control) Act 2008
84Amendment of section 10—Publication of
notice of application
85Amendment of section 12—Notice of
declaration
86Amendment of section 14—Revocation of
declaration
87Amendment of section
38—Service
88Amendment of section 39B—Notice of
registration
Part 42—Repeal of Sex
Disqualification (Removal) Act 1921
90Repeal
of Sex Disqualification (Removal) Act 1921
Part 43—Repeal of Snowy Mountains
Engineering Corporation (South Australia) Act 1971
91Repeal
of Snowy Mountains Engineering Corporation (South Australia)
Act 1971
Part 44—Amendment of Stamp Duties
Act 1923
92Amendment of section
71CC—Interfamilial transfer of farming property
Part 45—Amendment
of State Procurement Act 2004
94Amendment of section
4—Interpretation
Part 46—Repeal of Statistics
Act 1935
95Repeal
of Statistics Act 1935
Part 47—Repeal of Statutory Salaries
and Fees Act 1947
96Repeal
of Statutory Salaries and Fees Act 1947
Part 48—Amendment
of Summary Offences Act 1953
97Amendment of section 72A—Power to
conduct metal detector searches etc
Part 49—Repeal of War Service Rights
(State Employees) Act 1945
98Repeal
of War Service Rights (State Employees) Act 1945
Part 50—Repeal of Water Resources
Act 1997
99Repeal
of Water Resources Act 1997
Part 51—Repeal of Westpac/Challenge
Act 1996
100Repeal
of Westpac/Challenge Act 1996
Part 52—Amendment
of Wilderness Protection Act 1992
101Amendment of section
3—Interpretation
102Amendment of section 12—Wilderness
code of management
103Amendment of section 16—Prevention of
certain activities
104Amendment of section 31—Plans of
management
105Amendment of section 33—Prohibited
areas
Part 53—Amendment
of Work Health and Safety Act 2012
106Amendment of section 274—Approved
codes of practice
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Statutes Amendment and Repeal (Simplify
No 2) Act 2017.
(1) Subject to this section, this Act will come into operation on the day
on which it is assented to by the Governor.
(2)
Part 22
of this Act will come into operation on 1 July 2018.
(3) The following Parts
of this Act will come into operation on a day to be fixed by
proclamation:
(a)
Part 2
to
Part 7
(inclusive);
(b)
Part 10
to
Part 16
(inclusive);
(c)
Part 18
to
Part 21
(inclusive);
(d)
Part 23
and
Part 24
;
(e)
Part 26
to
Part 38
(inclusive);
(f)
Part 40
and
Part 41
;
(g)
Part 45
;
(h)
Part 48
;
(i)
Part 52
and
Part 53
.
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 Aerodrome Fees
Act 1998
4—Amendment
of section 6—Aerodrome operator may fix fees for arrivals, departures
etc
Section 6(2)—delete subsection (2) and substitute:
(2) If an aerodrome operator fixes fees under this section, a notice
setting out the fees must be published by the aerodrome operator in the Gazette
and—
(a) on its website; or
(b) in any periodical publication prescribed by the regulations for the
purposes of this subsection; or
(c) in a daily newspaper circulating in the State.
Part 3—Amendment
of Agricultural and Veterinary Products (Control
of Use) Act 2002
5—Amendment
of section 20—Manner of making order
Section 20(2)—delete subsection (2) and substitute:
(2) As soon as practicable after an order addressed as referred to in
subsection (1)(b) is made, a notice setting out the date on which the notice is
published, the terms of the order and the persons to be bound by the order, must
be published by the Minister in a manner and form that, in the opinion of the
Minister, will be most likely to bring the order to the attention of the persons
bound by it.
Part 4—Amendment
of Air Transport (Route
Licensing—Passenger Services) Act 2002
6—Amendment
of section 5—Declared routes
Section 5(11)(e)—delete paragraph (e) and substitute:
(e) that a copy of the relevant notice is published—
(i) on a website determined by the Minister; or
(ii) in a newspaper circulating generally in the State; or
(iii) in a newspaper circulating generally in Australia; and
Part 5—Amendment
of Aquaculture
Act 2001
7—Amendment
of section 28—Granting of corresponding licence for pilot
lease
Section 28(1)(b)(i)—after "published" insert:
on a website determined by the Minister or
8—Amendment
of section 35—Granting of production leases and corresponding licences in
public call areas
(1) Section 35(3)—after "published" insert:
on a website determined by the Minister or
(2) Section 35(9)(b)(i)—delete "a newspaper circulating generally in
the State" and substitute:
accordance with subsection (3)
9—Amendment
of section 36—Granting of production leases and corresponding licences if
public call not required
Section 36(3)(b)(i)—after "published" insert:
on a website determined by the Minister or
10—Amendment
of section 39A—Granting of research leases and corresponding
licences
Section 39A(3)(b)(i)—after "published" insert:
on a website determined by the Minister or
11—Amendment
of section 50—Grant of licences other than corresponding
licences
Section 50(3)(b)(i)—after "published" insert:
on a website determined by the Minister or
Part 6—Amendment
of Associations Incorporation
Act 1985
12—Amendment
of section 43A—Application for deregistration
Section 43A(7)—delete subsection (7) and substitute:
(7) The Commission must, within 1 month of the receipt of an application
under this section, publish a notice, in a manner and form determined by the
Commission to be most appropriate in the circumstances, setting out the
prescribed particulars of the application and inviting members of the public to
make written submissions to the Commission, within 1 month of the date specified
in the notice for that purpose, in relation to the application.
13—Amendment
of section 44—Defunct associations
Section 44(1)—delete subsection (1) and substitute:
(1) If the Commission is of the opinion that an incorporated association
is defunct, it may—
(a) by notice served on the association; or
(b) where service cannot reasonably be effected in accordance with this
Act—by notice published in a manner and form determined by the Commission
to be most appropriate in the circumstances,
require the association to show good cause why the association should not
be dissolved.
Part 7—Amendment
of AustralAsia Railway (Third Party Access)
Act 1999
14—Amendment
of Schedule—AustralAsia Railway (Third Party Access)
Code
Schedule, clause 8(2)(a)—before "in a newspaper" insert:
on a website determined by the regulator or
Part 8—Repeal
of Bank Merger (National/BNZ)
Act 1997
15—Repeal
of Bank Merger (National/BNZ)
Act 1997
The
Bank
Merger (National/BNZ) Act 1997
is repealed.
Part 9—Repeal
of Corporal Punishment Abolition
Act 1971
16—Repeal
of Corporal Punishment Abolition
Act 1971
The
Corporal
Punishment Abolition Act 1971
is repealed.
Part 10—Amendment
of Correctional Services
Act 1982
17—Amendment
of section 81E—Notice to victims to be published
Section 81E(3) and (4)—delete subsections (3) and (4) and
substitute:
(3) The CE must publish the notice in the Gazette.
(4) The CE may also—
(a) publish the notice—
(i) on a website determined by the CE; or
(ii) in a daily newspaper circulating generally in South Australia;
or
(iii) in a daily newspaper circulating generally in Australia;
and
(b) forward a copy of the notice to any victim who has applied to the CE
under section 81D to be notified of an award of damages in respect of the
prisoner.
Part 11—Amendment
of Crown Land Management
Act 2009
After section 18 insert:
18A—Classification as community
land
(1) A council may not resolve to exclude dedicated land from
classification as community land in the circumstances described in section
193(4)(a) of the
Local
Government Act 1999
unless the Minister has consented, in writing, to the exclusion of the
land.
(2) The consent of the Minister under this section may be subject to such
conditions as the Minister thinks fit and specifies in the written
consent.
(3) This section does not derogate from section 193(3) of the
Local
Government Act 1999
.
Part 12—Amendment
of Dog Fence
Act 1946
19—Substitution
of section 35A
Section 35A—delete the section and substitute:
35A—Establishment of local dog fence
boards
(1) For the purpose of defraying the cost of erecting and maintaining part
of a dog fence, or a fence that the board proposes to substitute as part of a
dog fence instead of an existing part, the Minister may, on the recommendation
of the board, by notice in the Gazette, establish a local dog fence board
constituted of the persons specified in the notice for the area inside a dog
fence specified in the notice.
(2) The local board will have the powers and duties specified in the
notice.
20—Substitution
of section 35C
Section 35C—delete the section and substitute:
35C—Variation and abolition of local
boards
The Minister may, on the recommendation of the board, by further notice in
the Gazette—
(a) amend or vary a notice under section 35A; or
(b) abolish a local board and make provision for incidental
matters.
Part 13—Amendment
of Emergency Services Funding
Act 1998
21—Amendment
of section 20—Sale of land for non-payment of levy
Section 20(6)—delete subsection (6) and substitute:
(6) The Commissioner must cause notice of the auction to be
published—
(a) on at least 2 separate occasions in a newspaper circulating generally
throughout the State; or
(b) on a website determined by the Commissioner.
Part 14—Amendment
of Environment Protection
Act 1993
22—Amendment
of section 28—Normal procedure for making policies
Section 28(3)(b)—delete ", must cause an advertisement to be
published in the Gazette and in a newspaper circulating generally in the State
giving notice of its intention to prepare the draft policy and describing the
general purpose of the proposed policy." and substitute:
—
(i) must publish in the Gazette a notice of its intention to prepare the
draft policy that includes a description of the general purpose of the proposed
policy; and
(ii) may also publish a copy of the notice—
(A) on a website determined by the Authority; or
(B) in a newspaper circulating generally in the State,
(or both).
23—Amendment
of section 39—Notice and submissions in respect of applications for
environmental authorisations
(1) Section 39(1)(a)—delete "in a newspaper circulating generally in
the State,"
(2) Section 39—after subsection (1) insert:
(1aa) For the purposes of subsection (1)(a), public notice of the
application may be published—
(a) on a website determined by the Authority; or
(b) in a newspaper circulating generally in the State,
(or both).
24—Amendment
of section 46—Notice and submissions in respect of proposed variations of
conditions
Section 46(1)(b)—delete paragraph (b) and substitute:
(b) cause public notice of the proposed variation to be published in a
manner and form determined by the Authority to be most appropriate in the
circumstances—
(a) setting out the reasons for the proposed variation; and
(b) inviting interested persons to make written submissions in relation to
the proposed variation within a period specified in the notice (being not less
than 14 days from the date of publication as specified in the notice for the
purpose); and
Part 15—Amendment
of Explosives
Act 1936
25—Amendment
of section 25—Power to sell explosives
Section 25(2)—delete subsection (2) and substitute:
(2) A call for public tender under subsection (1) must be
published—
(a) on a website determined by the Director; or
(b) in a newspaper circulating generally in the State.
Part 16—Amendment
of Fire and Emergency Services
Act 2005
26—Amendment
of section 78—Fire danger season
Section 78(3)—delete subsection (3) and substitute:
(3) An order under this section must be published—
(a) in the Gazette; and
(b) also—
(i) on a website determined by the Chief Officer; or
(ii) in a newspaper circulating generally in the State; or
(iii) in a newspaper circulating in the locality to which the order
relates.
27—Amendment
of section 105F—Private land
Section 105F(9)(c)(i)—delete subparagraph (i) and
substitute:
(i) by publishing the notice—
(A) on a website determined by the Minister; or
(B) in a newspaper circulating in the locality of the land; and
Part 17—Amendment
of Fisheries Management
Act 2007
28—Amendment
of section 44—Procedure for preparing management
plans
Section 44(1)(a)—after "published" insert:
on a website determined by the Minister or
29—Amendment
of section 54—Application for licence, permit or
registration
(1) Section 54(1)(b)—delete "signed by the applicant and"
(2) Section 54(1)(c)—delete "fee fixed by regulation" and
substitute:
prescribed fee
(3) Section 54(4)—delete "fixed by regulation" and
substitute:
prescribed by the regulations
30—Amendment
of section 57—Transfer of licence or permit
(1) Section 57(3)(c)—delete "signed by the applicants and"
(2) Section 57(3)(d)—delete "fee fixed by regulation" and
substitute:
prescribed fee
31—Amendment
of section 64—Applications for registration
(1) Section 64(1)(b)—delete "signed by the applicant and"
(2) Section 64(1)(d)—delete "fixed by regulation" and
substitute:
prescribed by the regulations
(3) Section 64(4)—delete "fixed by regulation" and
substitute:
prescribed by the regulations
32—Amendment
of section 68—Issue of duplicate authority
Section 68—delete "fee fixed by regulation" and substitute:
prescribed fee
33—Amendment
of section 104—Demerit points for certain offences
Section 104—after subsection (6) insert:
(6a) In deciding whether any proper cause exists for the purposes of
subsection (6), the court may have regard to any of the following
matters:
(a) the circumstances in which the offence was committed;
(b) whether, as a result of being found guilty of the offence, the person
would be liable to be disqualified under section 105, and whether such
disqualification would cause hardship to the person that is disproportionate to
the offence;
(c) any other cause as the court thinks proper in the
circumstances.
34—Amendment
of section 116—Registers
(1) Section 116(5)—delete "fee fixed by regulation" and
substitute:
prescribed fee
(2) Section 116(9)—delete "fee fixed by regulation" and
substitute:
prescribed fee
35—Amendment
of section 127—General
(1) Section 127(2)(c) and (d)—delete paragraphs (c) and
(d)
(2) Section 127—after subsection (2) insert:
(2a) The regulations may—
(a) prescribe fees for the purposes of this Act and regulate the payment,
refund, waiver or reduction of such fees; and
(b) prescribe various methods for the calculation of various fees;
and
(c) prescribe fees which may be differential, varying according to any
factor stated in the regulations; and
(d) prescribe amounts payable for the late payment of fees under this
Act.
(3) Section 127(4)—delete "Fees or demerit" and
substitute:
Demerit
Part 18—Amendment
of Gaming Machines
Act 1992
36—Amendment
of section 29—Certain applications require
advertisement
Section 29(2)—delete subsection (2) and substitute:
(2) If an application is required to be advertised, the
applicant—
(a) must publish notice of the application in the prescribed
form—
(i) in the Gazette; and
(ii) on a website determined by the Minister,
at least 28 days before the date fixed for the hearing of the application;
and
(b) may publish notice of the application in the prescribed
form—
(i) in a newspaper circulating generally throughout the State;
and
(ii) in the case of an application in respect of a gaming machine licence,
a proposed premises certificate or a social effect certificate—in another
newspaper circulating in the area in which the licensed premises are, or are to
be, situated,
at least 28 days before the date fixed for the hearing of the application;
and
(c) in the case of an application in respect of a gaming machine licence,
a proposed premises certificate or a social effect certificate—must serve
notice of the application in the prescribed form on the council under the
Local
Government Act 1999
for the area in which the licensed premises are, or are to be,
situated.
37—Amendment
of section 42A—Advertisement of certain applications and
objections
Section 42A(1)—delete subsection (1) and substitute;
(1) If the Commissioner so directs, an application for approval must be
advertised, at least 28 days before the date fixed for the hearing of the
application, by publication by the applicant of notice, in a form approved by
the Commissioner—
(a) in the Gazette; and
(b) —
(i) on a website determined by the Commissioner; or
(ii) in a newspaper circulating generally throughout the State.
Part 19—Amendment
of Genetically Modified Crops Management
Act 2004
38—Amendment
of section 5—Designation of areas
Section 5(9)(a)—delete "and" and substitute:
or
Part 20—Amendment
of Geographical Names
Act 1991
39—Amendment
of section 11B—Assignment of geographical name
(1) Section 11B(2)(d)—delete "to be published in the Gazette and in
a newspaper circulating in the neighbourhood of that place a notice" and
substitute:
a notice to be published
(2) Section 11B—after subsection (2) insert:
(2a) For the purposes of subsection (2), a notice under this
section—
(a) must be published in the Gazette; and
(b) may also be published—
(i) on a website determined by the Minister; or
(ii) in a newspaper circulating generally in the neighbourhood of the
relevant place.
Part 21—Amendment
of Government Business Enterprises (Competition)
Act 1996
40—Amendment
of section 11—Public notice of investigation
Section 11(1)—delete subsection (1) and substitute:
(1) When a Commissioner begins an investigation, the Commissioner must
give public notice of the investigation, in a manner and form determined by the
Commissioner to be most appropriate in the circumstances, inviting interested
persons to make written representations on the subject matter of the
investigation within a period (which must be reasonable) specified in the notice
for that purpose.
Part 22—Amendment
of Heavy Vehicle National Law (South Australia)
Act 2013
41—Amendment
of section 10—Other declarations for purposes of
Heavy Vehicle National Law in this
jurisdiction
Section 10(g)—delete "section 556" and substitute:
sections 556 and 590D
Part 23—Amendment
of Impounding
Act 1920
42—Amendment
of section 25—Notice of impounding
Section 25(5)—after "published" insert:
on a website determined by the Minister or
43—Amendment
of section 26—Poundkeeper may charge for service of
notice
Section 26(1)(b)—delete "in publishing the notice" and
substitute:
if the notice is published
44—Amendment
of section 32—Proceedings prior to sale by poundkeeper of unclaimed
cattle
Section 32(1)(c)—delete paragraph (c) and substitute:
(c) where such notice has been given by being published in accordance with
this Act—within 21 days of the date specified in the notice for the
purpose (which must not be a date occurring before the date of
publication),
45—Amendment
of section 33—Time and mode of sale of impounded
cattle
(1) Section 33(1)(b)—delete paragraph (b) and substitute:
(b) in any other case—not less than 24 clear days after the date
specified in the notice for the purpose (which must not be a date occurring
before the date the notice is posted or published in accordance with this
Act):
(2) Section 33(2)(c)—after "published" insert:
on a website determined by the Minister or
Part 24—Amendment
of Irrigation
Act 2009
46—Amendment
of section 14—Dissolution on application
Section 14(7)—after paragraph (b) insert:
and
(c) the property, rights and liabilities of the trust—
(i) will vest in or attach to 1 or more persons specified by the Minister
in the notice; or
(ii) will, if, in the opinion of the Minister, it is not practicable or
appropriate for the property, rights and liabilities to vest in or attach to a
person under paragraph (c)(i), vest in or attach to—
(A) the Crown; or
(B) an agency or instrumentality of the Crown (including a
Minister),
as specified by the Minister in the notice.
47—Amendment
of section 15—Dissolution on Minister's initiative
Section 15(6)—after paragraph (b) insert:
and
(c) the property, rights and liabilities of the trust—
(i) will vest in or attach to 1 or more persons specified by the Minister;
or
(ii) will, if, in the opinion of the Minister, it is not practicable or
appropriate for the property, rights and liabilities to vest in or attach to a
person under paragraph (c)(i), vest in or attach to—
(A) the Crown; or
(B) an agency or instrumentality of the Crown (including a
Minister),
as specified by the Minister.
Section 16—delete the section
Part 25—Repeal
of Liens on Fruit
Act 1923
49—Repeal
of Liens on Fruit
Act 1923
is repealed.
Part 26—Amendment
of Livestock
Act 1997
50—Amendment
of section 37—Gazette notices
Section 37(3)(a)—after "published" insert:
, on a website determined by the Minister, or
Part 27—Amendment
of Marine Parks
Act 2007
51—Amendment
of section 14—Procedure for making or amending management
plans
(1) Section 14(4)(a)—delete "in the Gazette, in a newspaper
circulating generally within the State and"
(2) Section 14(4)(b)—delete "on a website," and
substitute:
, on a website
(3) Section 14(4)(f)—delete "in the Gazette, in a newspaper
circulating generally within the State and on a website determined by the
Minister, give notice of" and substitute:
on a website determined by the Minister, specify
Part 28—Amendment
of Maritime Services (Access)
Act 2000
52—Amendment
of section 43—Review and expiry of Part
Section 43(3)—delete subsection (3) and substitute:
(3) The Commission must give reasonable notice of the review, by
publishing a notice in a manner and form determined by the Commission to be most
appropriate in the circumstances, inviting written submissions on the matters
under review within a reasonable time specified for the purpose in the
notice.
Part 29—Amendment
of Motor Vehicles
Act 1959
53—Amendment
of section 24—Duty to grant registration
Section 24(1)(a)(i)—delete subparagraph (i) and substitute:
(i) for—
(A) in the case of a heavy vehicle—a period of 12 months or 1, 2 or
3 quarters; or
(B) in any other case—a period prescribed by the regulations;
or
54—Amendment
of section 38A—Reduced fees for pensioner entitlement card
holders
Section 38A(1)(a)—delete paragraph (a) and substitute:
(a) is entitled, as the holder of a pensioner entitlement card issued
under an Act or law of the Commonwealth, to travel on public transport in this
State at reduced fares; and
55—Amendment
of section 38AB—Registration fees for trailers owned by pensioner
entitlement card holders
Section 38AB(1)(a)—delete paragraph (a) and substitute:
(a) is entitled, as the holder of a pensioner entitlement card issued
under an Act or law of the Commonwealth, to travel on public transport in this
State at reduced fares; and
56—Amendment
of section 47C—Return, recovery etc of number plates
Section 47C(2)—delete subsection (2) and substitute:
(2) If the registration of a motor vehicle—
(a) has expired; or
(b) has become void or has been found to have been void; or
(c) is cancelled otherwise than on application as referred to in
subsection (1),
the Registrar may, by notice given in a manner and form determined by the
Minister to the owner of the vehicle or the person who is or was last registered
as the owner or the operator of the vehicle, direct the person to
either—
(d) destroy the number plates; or
(e) surrender the number plates to the Registrar; or
(f) ensure that the number plates are securely stored so that they cannot
be affixed to any motor vehicle that is driven, or allowed to stand on, a
road,
within the period specified in the notice.
Section 72—delete the section and substitute:
72—Classification of licences
(1) A licence must be assigned 1 or more prescribed
classifications.
(2) Subject to this Act, if a person applies for the grant or renewal of a
licence and the licence is granted or renewed (as the case may be), the
Registrar must ensure that the licence is assigned the classification for which
the person has applied.
(3) If—
(a) an applicant for the renewal of a licence applies for the licence to
be assigned any further or other classification; and
(b) the Registrar is satisfied that the applicant is competent to drive a
motor vehicle in respect of which that further or other classification is
required under this Act,
the Registrar must ensure that the licence, if renewed, is assigned that
further or other classification.
(4) If the Registrar is satisfied that a person who holds a licence is
competent to drive motor vehicles for which a licence assigned a further or
other classification is required under this Act, the Registrar must ensure that
the licence is assigned the appropriate further or other
classification.
(5) The Registrar may, for the purposes of this section, require a person
who holds a licence or applies for the grant or renewal of a licence to provide
evidence to the satisfaction of the Registrar of the person's competency to
drive motor vehicles for which a particular classification is required under
this Act.
(6) The regulations may provide that, for the purposes of this Act, a
person is to be taken to hold a licence that is assigned a particular
classification if the person has held a licence of some other classification for
a prescribed period (the qualifying period).
(7) Subject to the regulations, a classification assigned to a licence
must be endorsed on the licence.
(8) For the purposes this Act, in determining whether a person has held a
licence for the qualifying period, any period during which—
(a) the person's licence was suspended; or
(b) the person was disqualified from holding or obtaining a licence in
this State or in another State or Territory of the Commonwealth,
is not to be taken into account.
58—Amendment
of section 77BA—Use of photographs taken or supplied for inclusion on a
licence or leaner's permit
(1) Section 77BA(2)—delete subsection (2) and substitute:
(2) A photograph to which this section applies must not be
used—
(a) except by the Registrar for only 1 or more of the following
purposes:
(i) for inclusion on a licence, learner's permit or proof of age
card;
(ii) to assist in determining the identity of a person applying
for—
(A) the issue or renewal of a licence or learner's permit; or
(B) the issue of a duplicate licence or learner's permit; or
(C) the issue of a proof of age card; or
(D) the registration of a motor vehicle;
(iii) in connection with the investigation of a suspected offence against
this Act;
(iv) for the purposes of any legal proceedings arising out of the
administration of this Act or the
Road
Traffic Act 1961
;
(v) for a purpose prescribed by the regulations; or
(b) except for inclusion on a licence, permit or other authority issued
under the
Harbors
and Navigation Act 1993
, the
Passenger
Transport Act 1994
or a prescribed Act; or
(c) except for a purpose authorised by the person whose image appears in
the photograph.
(2) Section 77BA(4)—after "except" insert:
for a use permitted by subsection (2) or
59—Amendment
of section 79—Examination of applicant for licence or learner's
permit
(1) Section 79(1)(a)—delete paragraph (a) and substitute:
(a) the applicant satisfies the Registrar, by such evidence as the
Registrar may require, that the applicant has passed the prescribed theoretical
examination conducted by a tester in the prescribed manner; or
(2) Section 79(3), definition of tester—delete the
definition and substitute:
tester means—
(a) a police officer; or
(b) a person, or person of a class, appointed or authorised by the
Registrar to conduct theoretical examinations for the purposes of this
section.
60—Amendment
of section 80—Ability or fitness to be granted or hold licence or
permit
Section 80(2a)(f)—delete paragraph (f) and substitute:
(f) remove a classification assigned to the person's licence, or
substitute for a classification assigned to the person's licence another
classification.
61—Amendment
of section 141—Evidence by certificate etc
Section 141(1)(a)—before "category" insert:
class or
62—Amendment
of section 145—Regulations
Section 145(1)(gd)—delete paragraph (gd) and substitute:
(gd) prescribing the qualifications that are required to be held before a
person may hold, or be taken to hold, a licence assigned a particular
classification, and empowering the Registrar to exempt persons, conditionally or
unconditionally, from that requirement; and
Part 30—Amendment
of National Parks and Wildlife
Act 1972
63—Amendment
of section 5—Interpretation
(1) Section 5, definition of the Director—delete the
definition and substitute:
Director means the person for the time being holding, or
acting in, the office of Director of National Parks and Wildlife (see section
11A);
(2) Section 5, after the definition of protected animal
insert:
public notice means notice published on a website determined
by the Minister;
After section 11 insert:
11A—Director of National Parks and
Wildlife
(1) The Minister may, by notice in the Gazette, appoint a Public Service
employee to be the Director of National Parks and Wildlife.
(2) The Minister may appoint a Public Service employee to act as the
Director during any period for which—
(a) no person is for the time being appointed as the Director;
or
(b) the Director is absent from, or unable to discharge, official
duties.
65—Amendment
of section 38—Management plans
Section 38(3)—delete "reserve the Minister must cause notice that the
plan of management has been prepared to be published in the Gazette and in a
newspaper circulating generally throughout the State" and substitute:
reserve, the Minister must state, by public notice prepared in accordance
with subsection (5), that the plan of management has been prepared
66—Amendment
of section 41A—Alteration of boundaries of reserves
(1) Section 41A(2)—delete "cause to be published in the Gazette and
in a newspaper circulating generally throughout the State an advertisement" and
substitute:
give public notice
(2) Section 41A(2)(a)—delete "giving notice of" and
substitute"
stating
67—Amendment
of section 49A—Permits for commercial purposes
(1) Section 49A(1)—delete "in a newspaper circulating generally
throughout the State" and substitute:
on a website determined by the Minister
(2) Section 49A(4)—delete "in a newspaper circulating generally
throughout the State" and substitute:
on a website determined by the Minister
68—Amendment
of section 60D—Code of management
(1) Section 60D(5)—delete "notice published in the Gazette and in a
newspaper circulating generally throughout the State" and substitute:
public notice
(2) Section 60D(7)—delete "a notice stating the place or places at
which copies of the code may be inspected or purchased must be published in a
newspaper circulating generally throughout the State" and substitute:
public notice must be given stating the place or places at which copies of
the code may be inspected or purchased
69—Amendment
of section 60I—Plan of management
(1) Section 60I(4)—delete "notice published in the Gazette and in a
newspaper circulating generally throughout the State" and substitute:
public notice
(2) Section 60I(7)—delete subsection (7) and substitute:
(7) The Minister must, by public notice, state that a plan of management
has been adopted under this section.
Part 31—Amendment
of Payroll Tax
Act 2009
70—Section
95—Assessment if no probate within 6 months of death
Section 95(2)—delete subsection (2) and substitute:
(2) The Commissioner—
(a) must cause notice of the assessment to be published on a website
determined by the Commissioner; and
(b) may also cause notice of the assessment to be published on at least 2
separate occasions in a daily newspaper circulating in the State or Territory in
which the deceased resided.
Part 32—Amendment
of Petroleum Products Regulation
Act 1995
71—Amendment
of section 34—Controls during periods of restriction
Section 34(5)(b)(ii)—delete "in the Gazette or in a newspaper
circulating generally throughout the State." and substitute:
—
(A) in the Gazette; or
(B) on a website determined by the Minister; or
(C) in a newspaper circulating generally throughout the State.
72—Amendment
of section 38—Publication of desirable principles for conserving
petroleum
Section 38(1)—delete subsection (1) and substitute:
(1) The Minister may publish principles that the public should, in the
Minister's opinion, be encouraged to observe in relation to the conservation of
petroleum products during a period of restriction, by notice
published—
(a) in the Gazette; or
(b) on a website determined by the Minister; or
(c) in a newspaper circulating generally throughout the State.
Part 33—Amendment
of Phylloxera and Grape Industry
Act 1995
73—Amendment
of section 18—Duty to prepare and maintain five year
plan
Section 18(2)(a)—delete paragraph (a) and substitute:
(a) publish a notice of the date, time, place and purpose of that meeting
on a website determined by the Board or in a newspaper circulating generally
throughout the State (or both); and
Part 34—Amendment
of Prices Act 1948
74—Amendment
of section 12—Accounts and records in relation to certain declared goods
and services
Section 12(3)(b)—after "Gazette" insert:
, on the Commissioner's website,
Part 35—Amendment
of Primary Industry Funding Schemes
Act 1998
75—Amendment
of section 9—Management plan for fund
Section 9(5)—delete "in a newspaper circulating generally throughout
the State" and substitute:
in a manner and form that, in the opinion of the person or body, will be
most likely to bring the notice to the attention of members of the
public
Part 36—Amendment
of Public Assemblies
Act 1972
76—Amendment
of section 4—Notice of assembly
Section 4(8)(b)—before subparagraph (i) insert:
(ai) on a website determined by the Minister; or
Part 37—Amendment
of Public Finance and Audit
Act 1987
77—Amendment
of section 8—Special deposit accounts
(1) Section 8(1)—delete "may establish" and substitute:
, or a person to whom the Treasurer has delegated the Treasurer's powers
under this subsection, may establish and maintain
(2) Section 8(7)—after "Treasurer" insert:
, or a person to whom the Treasurer has delegated the Treasurer's powers
under this subsection,
(3) Section 8(9), definition of approved
purpose—delete "approved by the Treasurer"
78—Amendment
of section 9—Imprest accounts
Section 9(1)—after "Treasurer" insert:
, or a person to whom the Treasurer has delegated the Treasurer's powers
under this subsection,
79—Amendment
of section 21—Deposits
Section 21(2)—delete "maintained by the Treasurer" and
substitute:
established and maintained by the Treasurer, or by a person to whom the
power to establish and maintain accounts has been delegated by the
Treasurer,
After section 41A insert:
42—Delegations
A delegation to a person by the Treasurer under this Act—
(a) may be to a specified person or to a person occupying or acting in a
specified position; and
(b) must be in writing; and
(c) may be absolute or conditional; and
(d) does not derogate from the power of the Treasurer to act in a matter;
and
(e) is revocable at will by the Treasurer.
Part 38—Amendment
of Railways (Operations and Access)
Act 1997
81—Amendment
of section 7A—Review and expiry of access regime
Section 7A(2)—delete subsection (2) and substitute:
(2) The regulator must give reasonable notice of the review, by publishing
a notice in a manner and form determined by the regulator to be most appropriate
in the circumstances, inviting written submissions on the matters under review
within a reasonable time specified for the purpose in the notice.
Part 39—Repeal
of Redundant Officers Fund
Act 1936
82—Repeal
of Redundant Officers Fund
Act 1936
The
Redundant
Officers Fund Act 1936
is repealed.
Part 40—Amendment
of Road Traffic
Act 1961
83—Amendment
of section 33—Road closing and exemptions for certain
events
(1) Section 33(1)—delete subsection (1) and substitute:
(1) On the application of any person interested, the Minister may declare
an event to be an event to which this section applies and may do either or both
of the following:
(a) make an order directing that specified roads (being roads on which the
event is to be held or roads that, in the Minister's opinion, should be closed
for the purposes of the event) be closed to traffic for a period specified in,
or determined in accordance with, the order;
(b) make an order directing that persons participating in the event be
exempted, in relation to specified roads, from the duty to observe an enactment,
regulation or by-law prescribing a rule to be observed on roads by pedestrians
or drivers of vehicles.
(2) Section 33(3)—delete "to close a road"
Part 41—Amendment
of Serious and Organised Crime (Control)
Act 2008
84—Amendment
of section 10—Publication of notice of application
(1) Section 10(1)—delete "in the Gazette and a newspaper circulating
generally throughout the State"
(2) Section 10—after subsection (1) insert:
(1a) A notice under subsection (1)—
(a) must be published in the Gazette; and
(b) may also be published—
(i) on the Commissioner's website; or
(ii) in a newspaper circulating generally throughout the State.
85—Amendment
of section 12—Notice of declaration
(1) Section 12(1)—delete "in the Gazette and in a newspaper
circulating generally throughout the State"
(2) Section 12—after subsection (1) insert:
(1a) Notice of the declaration—
(a) must be published in the Gazette; and
(b) may also be published—
(i) on the Commissioner's website; or
(ii) in a newspaper circulating generally throughout the State.
86—Amendment
of section 14—Revocation of declaration
(1) Section 14(7)—delete "in the Gazette and a newspaper circulating
generally throughout the State"
(2) Section 14(10)(b)—delete "in the Gazette and in a newspaper
circulating generally throughout the State"
(3) Section 14—after subsection (10) insert:
(10a) A notice under subsection (7) or (10)(b)—
(a) must be published in the Gazette; and
(b) may also be published—
(i) on the Commissioner's website; or
(ii) in a newspaper circulating generally throughout the State.
87—Amendment
of section 38—Service
Section 38(2)—after "State" insert:
or on the Commissioner's website
88—Amendment
of section 39B—Notice of registration
(1) Section 38B(2)—delete "in the Gazette and in a newspaper
circulating generally throughout the State"
(2) Section 38B—after subsection (2) insert:
(3) Notice of the registration of the declaration—
(a) must be published in the Gazette; and
(b) may also be published—
(i) on the Commissioner's website; or
(ii) in a newspaper circulating generally throughout the State.
89—Amendment
of section 39G—Notice of cancellation or expiry of registration of
corresponding declaration
(1) Section 39G—delete "in the Gazette and in a newspaper
circulating generally throughout the State"
(2) Section 39G—after its present contents as amended by this
section (now to be designated as subsection (1)) insert:
(2) Notice of the cancellation or expiry—
(a) must be published in the Gazette; and
(b) may also be published—
(i) on the Commissioner's website; or
(ii) in a newspaper circulating generally throughout the State.
Part 42—Repeal
of Sex Disqualification (Removal)
Act 1921
90—Repeal
of Sex Disqualification (Removal)
Act 1921
The
Sex
Disqualification (Removal) Act 1921
is repealed.
Part 43—Repeal
of Snowy Mountains Engineering Corporation
(South Australia) Act 1971
91—Repeal
of Snowy Mountains Engineering Corporation
(South Australia) Act 1971
The
Snowy
Mountains Engineering Corporation (South Australia) Act 1971
is repealed.
Part 44—Amendment
of Stamp Duties
Act 1923
92—Amendment
of section 71CC—Interfamilial transfer of farming
property
(1) Section 71CC(1)—delete subsection (1) and substitute:
(1) A transfer of
an interest in land used for the business of primary production is exempt from
stamp duty if a familial relationship exists between the transferor and the
transferee and the Commissioner is satisfied—
(a) that the land to which the transfer relates is used wholly or mainly
for the business of primary production and is not less than 0.8 hectares in
area; and
(b) that the sole or principal business of—
(i) the natural person who, or whose trustee, is the transferor;
or
(ii) if the transferor is a company, at least 1 shareholder of the
company,
is (immediately before the instrument) the business of primary production;
and
(c) that for a
period of 12 months immediately before the instrument there was a business
relationship between—
(i) at least 1 of the shareholders of the company or natural person (A)
who, or whose trustee, is the transferor; and
(ii) at least 1 of the shareholders of the company or natural person (B)
who, or whose trustee, is the transferee, or a lineal ancestor or spouse or
domestic partner of B,
with respect to the use of the property for the business of primary
production; and
(d) in the case of a transfer where either or both parties are trustees,
that no person is a beneficiary of the trust or trusts other
than—
(i) the natural person (A) who, or whose trustee, is transferor;
or
(ii) the natural person (B) who, or whose trustee, is transferee;
or
(iii) a relative (or relatives) of A or B; and
(e) that the transfer does not arise from arrangements or a scheme devised
for the principal purpose of taking advantage of the benefit of this
section.
(1aaa) For the purposes of
subsection (1)
, a familial relationship exists between a transferor and a transferee
if—
(a) the transferor is a natural person, or a trustee for a natural person,
and the transferee is a relative of, or a trustee for a relative of, that
natural person; or
(b) the transferor is a natural person, or a trustee for a natural person,
and the transferee is a family company the shareholders of which are relatives
of that natural person; or
(c) the transferor is a family company and the transferee is a relative of
the shareholders of the company, or a trustee for a relative of the shareholders
of the company; or
(d) the transferor and the transferee are family companies and the
shareholders of the transferor are relatives of the shareholders of the
transferee.
(2) Section 71CC(5)—before the definition of natural
person insert:
family company—a company is a family company if each
shareholder of the company is a relative of all other shareholders of the
company;
The amendments made by
section 92
to section 71CC of the
Stamp
Duties Act 1923
apply only in relation to instruments executed after the commencement of
this Part.
Part 45—Amendment
of State Procurement
Act 2004
94—Amendment
of section 4—Interpretation
(1) Section 4, definition of procurement operations,
(a)—after subparagraph (ii) insert:
(iii) the delivery of a service by a third party on behalf of the
authority; or
(2) Section 4, definition of procurement
operations—delete "operations excluded from this definition by the
regulations;" and substitute:
—
(e) the provision of funding to a third party by the authority that, in
accordance with Treasurer's instructions, is classified as a grant; or
(f) operations excluded from this definition by the regulations;
(3) Section 4—after the definition of responsible
Minister insert:
Treasurer's instructions means instructions issued by the
Treasurer under Part 4 of the
Public
Finance and Audit Act 1987
.
Part 46—Repeal
of Statistics
Act 1935
95—Repeal
of Statistics
Act 1935
is repealed.
Part 47—Repeal
of Statutory Salaries and Fees
Act 1947
96—Repeal
of Statutory Salaries and Fees
Act 1947
The
Statutory
Salaries and Fees Act 1947
is repealed.
Part 48—Amendment
of Summary Offences
Act 1953
97—Amendment
of section 72A—Power to conduct metal detector searches
etc
Section 72A(5)—after "State" insert:
or on the Commissioner's website
Part 49—Repeal
of War Service Rights (State Employees)
Act 1945
98—Repeal
of War Service Rights (State Employees)
Act 1945
The
War
Service Rights (State Employees) Act 1945
is repealed.
Part 50—Repeal
of Water Resources
Act 1997
99—Repeal
of Water Resources
Act 1997
is repealed.
Part 51—Repeal
of Westpac/Challenge
Act 1996
100—Repeal
of Westpac/Challenge
Act 1996
The
Westpac/Challenge
Act 1996
is repealed.
Part 52—Amendment
of Wilderness Protection
Act 1992
101—Amendment
of section 3—Interpretation
Section 3(1), definition of public notice—delete "in
the Gazette" and substitute:
on a website determined by the Minister
102—Amendment
of section 12—Wilderness code of management
Section 12(9)—delete subsection (9) and substitute:
(9) The Minister must, by notice in the Gazette, declare that a revised or
substituted code of management has been adopted under this section.
103—Amendment
of section 16—Prevention of certain activities
Section 16(7)(b)—delete paragraph (b) and substitute:
(b) if the whereabouts of the person are unknown—by publishing the
notice—
(i) in a newspaper circulating generally throughout the State;
or
(ii) on a website determined by the Minister,
(as the Minister considers appropriate in the circumstances).
104—Amendment
of section 31—Plans of management
Section 31(14)—delete subsection (14) and substitute:
(14) The Minister must, by notice in the Gazette, declare that a plan of
management has been adopted under this section.
105—Amendment
of section 33—Prohibited areas
(1) Section 33(1)—delete "public notice" and substitute:
notice published in the Gazette and on a website determined by the
Minister
(2) Section 33(5)—delete "public notice" and substitute:
subsequent notice published in the Gazette and on a website determined by
the Minister
Part 53—Amendment
of Work Health and Safety
Act 2012
106—Amendment
of section 274—Approved codes of practice
Section 274(6)—after "Gazette and" insert:
on a website determined by the Minister or in