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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Statutes Amendment (Public Sector Consequential
Amendments) Bill 2009
A BILL FOR
An Act to amend various Acts consequent on the enactment of the Public
Sector Act 2009 and the Public Sector Management (Consequential)
Amendment Act 2009.
Contents
Part 1—Preliminary
1 Short
title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Aboriginal Heritage
Act 1988
4 Amendment of section 7—Aboriginal Heritage
Committee
5 Repeal of section 40
Part 3—Amendment of Aboriginal Lands Trust
Act 1966
6 Amendment of section 12—Trust not to
represent Crown
7 Amendment of section 15—Staff of Trust
8 Amendment
of section 20A—Business Advisory Panel
Part 4—Amendment of Acts Interpretation
Act 1915
9 Amendment of section
4—Interpretation
Part 5—Amendment of Adelaide Cemeteries Authority
Act 2001
10 Amendment of section 18—Staffing
arrangements
Part 6—Amendment of Adelaide Dolphin Sanctuary
Act 2005
11 Amendment of section
18—Committees
12 Amendment of section 19—Board's
procedures
Part 7—Amendment of Adelaide Festival Centre Trust
Act 1971
13 Amendment of section 6—Composition of
Trust
14 Repeal of section 16
15 Substitution of section
17
17 Conflict of interest under Public Sector (Honesty and
Accountability) Act
16 Amendment of section 21—Staffing
arrangements
Part 8—Amendment of Adelaide Festival Corporation
Act 1998
17 Substitution of sections 13, 14 and
15
13 Conflict of interest under Public Sector (Honesty and
Accountability) Act
18 Amendment of section 20A—Staffing
arrangements
Part 9—Amendment of Administrative Arrangements
Act 1994
19 Amendment of section
3—Interpretation
20 Amendment of section 8—Interpretative
provision
Part 10—Amendment of Adoption
Act 1988
21 Amendment of section
4—Interpretation
Part 11—Amendment of Aged and Infirm Persons'
Property Act 1940
22 Amendment of section 9A—Report on
person's affairs
Part 12—Amendment of Agricultural and Veterinary
Products (Control of Use) Act 2002
23 Repeal of section
39
Part 13—Amendment of Air Transport (Route
Licensing—Passenger Services) Act 2002
24 Repeal of
section 20
Part 14—Amendment of Anangu Pitjantjatjara
Yankunytjatjara Land Rights Act 1981
25 Amendment of section
13N—Minister may direct Executive Board
26 Amendment of section
13O—Minister may suspend Executive Board
27 Amendment of section
19—Unauthorised entry on lands
28 Amendment of section
26—Mintabie Consultative Committee
Part 15—Amendment of Animal Welfare
Act 1985
29 Insertion of section
9A
9A Conflict of interest under Public Sector (Honesty and
Accountability) Act
30 Repeal of section 32
Part 16—Amendment of Aquaculture
Act 2001
31 Substitution of section
68
68 Conflict of interest under Public Sector (Honesty and
Accountability) Act
32 Substitution of section
76
76 Conflict of interest under Public Sector (Honesty and
Accountability) Act
33 Repeal of section 84
Part 17—Amendment of Architectural Practice
Act 2009
34 Amendment of section 17—Conflict of
interest etc under Public Sector Act
35 Repeal of section 68
Part 18—Amendment of Associations Incorporation
Act 1985
36 Repeal of section 49B
Part 19—Amendment of Australian Energy Market
Commission Establishment Act 2004
37 Amendment of section
48—Certain Acts not to apply
Part 20—Amendment of Biological Control
Act 1986
38 Amendment of section
9—Delegation
39 Amendment of section 53—Service of documents on
Authority
Part 21—Amendment of Births, Deaths and Marriages
Registration Act 1996
40 Amendment of section
5—Registrar
41 Amendment of section 7—Registrar's
staff
42 Repeal of section 54
Part 22—Amendment of Botanic Gardens and State
Herbarium Act 1978
43 Amendment of section 9—Validity
of acts of Board
44 Repeal of section 21
Part 23—Amendment of Business Names
Act 1996
45 Repeal of section 29
Part 24—Amendment of Carers Recognition
Act 2005
46 Amendment of section
4—Interpretation
Part 25—Amendment of Carrick Hill Trust
Act 1985
47 Repeal of section 10
48 Amendment of section
12—Validity of acts of Trust
49 Substitution of section
15
15 Staff
Part 26—Amendment of Children's Protection
Act 1993
50 Repeal of section 52M
51 Repeal of section
52R
52 Repeal of section 62
Part 27—Amendment of Children's Services
Act 1985
53 Amendment of section 11—Director of
Children's Services
54 Amendment of section 12—Staff
Part 28—Amendment of Child Sex Offenders
Registration Act 2006
55 Repeal of section 70
Part 29—Amendment of Chiropractic and Osteopathy
Practice Act 2005
56 Amendment of section 18—Conflict
of interest under Public Sector (Honesty and Accountability) Act
Part 30—Amendment of Citrus Industry
Act 2005
57 Amendment of section 10—Conflict of
interest under Public Sector (Honesty and Accountability) Act
Part 31—Amendment of Classification of Theatrical
Performances Act 1978
58 Repeal of section 7
Part 32—Amendment of Classification (Publications,
Films and Computer Games) Act 1995
59 Repeal of section
11
Part 33—Amendment of Coast Protection
Act 1972
60 Amendment of section 8—Membership of
Board
61 Amendment of section 10—Validation of acts of
Board
62 Substitution of sections 12 and
13
12 Secretary
13 Board may use
services or staff of administrative unit
Part 34—Amendment of Collections for Charitable
Purposes Act 1939
63 Repeal of section 18A
Part 35—Amendment of Construction Industry Long
Service Leave Act 1987
64 Substitution of section
11
11 Conflict of interest under Public Sector (Honesty and
Accountability) Act
Part 36—Amendment of Construction Industry Training
Fund Act 1993
65 Amendment of section 8—Disclosure of
interest
66 Amendment of section 10—Allowances and
expenses
67 Amendment of Schedule 4—Public accountability of
Board
Part 37—Amendment of Controlled Substances
Act 1984
68 Insertion of section
10A
10A Conflict of interest under Public Sector (Honesty and
Accountability) Act
69 Repeal of section 54
Part 38—Amendment of Coroners
Act 2003
70 Amendment of section
33—Immunities
Part 39—Amendment of Correctional Services
Act 1982
71 Amendment of section
4—Interpretation
72 Amendment of section 33—Prisoners'
mail
73 Amendment of section 60A—Validity of acts of Board
Part 40—Amendment of Courts Administration
Act 1993
74 Amendment of section 16—State Courts
Administrator
75 Amendment of section 17—Functions and powers of
Administrator
76 Insertion of section
17A
17A Delegation
77 Amendment of section
21B—Application of Public Sector Act and Superannuation
Act
78 Amendment of section 23—Commissioner to consult with
Council
79 Repeal of section 28
Part 41—Amendment of Criminal Assets Confiscation
Act 2005
80 Repeal of section 215
Part 42—Amendment of Criminal Law (Sentencing)
Act 1988
81 Amendment of section
3—Interpretation
82 Amendment of section 3A—Application of Act to
youths
83 Repeal of section 72B
Part 43—Amendment of Crown Land Management
Act 2009
84 Amendment of section 16—Delegation of
Ministerial powers
85 Amendment of section 25—Disposal by transfer or
grant of fee simple
86 Repeal of section 77
Part 44—Amendment of Dangerous Substances
Act 1979
87 Repeal of section 47
Part 45—Amendment of Dental Practice
Act 2001
88 Amendment of section 17—Conflict of
interest under Public Sector (Honesty and Accountability) Act
89 Repeal of
section 29B
Part 46—Amendment of Development
Act 1993
90 Amendment of section 10—Development
Assessment Commission
91 Amendment of section 10A—Special provision
relating to constitution of Development Assessment Commission
92 Repeal of
section 15
93 Amendment of section 17—Staff
94 Amendment of section
18—Appointment of authorised officers
Part 47—Amendment of Director of Public
Prosecutions Act 1991
95 Amendment of section 6—Office
of Director
Part 48—Amendment of Dog and Cat Management
Act 1995
96 Substitution of section
18
18 Conflict of interest under Public Sector (Honesty and
Accountability) Act
97 Repeal of section 20
98 Repeal of section
84
Part 49—Amendment of Dog Fence
Act 1946
99 Insertion of section
15A
15A Conflict of interest under Public Sector (Honesty and
Accountability) Act
100 Repeal of section 38
Part 50—Amendment of Economic Development
Act 1993
101 Repeal of sections 12, 13 and 14
Part 51—Amendment of Education
Act 1972
102 Amendment of section
5—Interpretation
103 Repeal of section 11
104 Amendment of section
13—Delegation
105 Amendment of section 72C—Validity of acts of
Board
Part 52—Amendment of Electoral
Act 1985
106 Amendment of section
4—Interpretation
107 Amendment of section 6—Acting
appointments
108 Substitution of section
12
12 Staff
Part 53—Amendment of Electrical Products
Act 2000
109 Repeal of section 24
Part 54—Amendment of Electricity
Act 1996
110 Amendment of section 7—Technical
Regulator
111 Repeal of section 95
Part 55—Amendment of Emergency Services Funding
Act 1998
112 Amendment of section 20—Sale of land for
non-payment of levy
113 Amendment of section 23—Liability for
levy
114 Amendment of section 27—Payment of levy into Fund
Part 56—Amendment of Environment Protection
Act 1993
115 Amendment of section 17—Board may
establish committees and subcommittees
116 Repeal of section 18
117 Repeal
of section 122
Part 57—Amendment of Environment, Resources and
Development Court Act 1993
118 Amendment of
Schedule—Commissioners
Part 58—Amendment of Equal Opportunity
Act 1984
119 Amendment of section 15—Power of
Commissioner to delegate
120 Repeal of section 16
121 Amendment of section
29—Criteria for discrimination on ground of sex, chosen gender or
sexuality
Part 59—Amendment of Essential Services Commission
Act 2002
122 Amendment of section 19—Conflict of
interest
123 Repeal of section 49
Part 60—Amendment of Fair Trading
Act 1987
124 Amendment of section 91B—Immunity from
liability
Part 61—Amendment of Fair Work
Act 1994
125 Amendment of section
4—Interpretation
126 Amendment of section
29—President
127 Amendment of section 30—Deputy
Presidents
128 Amendment of section 34—Commissioners
129 Amendment
of section 36—Remuneration and conditions of office
130 Amendment of
section 51—Membership of Committee
131 Amendment of section
52—Terms of office
132 Amendment of section 53—Remuneration and
expenses
133 Amendment of section 55—Proceedings
134 Insertion of
section 55A
55A Conflict of interest under Public Sector
(Honesty and Accountability) Act
135 Amendment of section
58—Appointment and conditions of office of Employee
Ombudsman
136 Amendment of section 101—State industrial authorities to
apply principles
137 Repeal of section 218
Part 62—Amendment of Family and Community Services
Act 1972
138 Amendment of section
6—Interpretation
139 Amendment of section
8—Delegation
140 Repeal of section 235A
Part 63—Amendment of Fire and Emergency Services
Act 2005
141 Amendment of section
3—Interpretation
142 Insertion of section
15
15 Conflict of interest under Public Sector (Honesty and
Accountability) Act
143 Amendment of section
17—Staff
144 Amendment of section 22—Annual
reports
145 Amendment of section 27—Chief Officer
146 Amendment of
section 28—Deputy Chief Officer and Assistant Chief
Officers
147 Amendment of section 53—Annual reports
148 Amendment of
section 60—Chief Officer
149 Amendment of section 61—Deputy Chief
Officer and Assistant Chief Officers
150 Amendment of section 71B—Power
of delegation
151 Amendment of section 71E—Annual
reports
152 Amendment of section 72C—Power of
delegation
153 Amendment of section 73—State Bushfire Management
Plan
154 Amendment of section 73A—Bushfire Management Area
Plans
155 Amendment of section 101—Annual reports
156 Amendment of
section 109—Chief Officer
157 Amendment of section 110—Deputy
Chief Officer and Assistant Chief Officers
158 Section 121—Annual
reports
Part 64—Amendment of Forestry
Act 1950
159 Repeal of section 8F
Part 65—Amendment of Freedom of Information
Act 1991
160 Amendment of section
4—Interpretation
Part 66—Amendment of Gaming Machines
Act 1992
161 Repeal of section 83
Part 67—Amendment of Gas
Act 1997
162 Repeal of section 92
Part 68—Amendment of Gene Technology
Act 2001
163 Amendment of section
10—Definitions
164 Amendment of section 29—Delegation
Part 69—Amendment of Genetically Modified Crops
Management Act 2004
165 Substitution of section
12
12 Conflict of interest under Public Sector (Honesty and
Accountability) Act
166 Amendment of section 26—Immunity from
liability
Part 70—Amendment of Geographical Names
Act 1991
167 Amendment of section
3—Interpretation
Part 71—Amendment of Government Business
Enterprises (Competition) Act 1996
168 Amendment of section
3—Interpretation
169 Substitution of section
21
21 Annual report
Part 72—Amendment of Government Financing Authority
Act 1982
170 Repeal of section 7
171 Repeal of sections
18E and 18F
172 Substitution of section
20
20 Staff
Part 73—Amendment of Guardianship and
Administration Act 1993
173 Repeal of section 83
Part 74—Amendment of Health and Community Services
Complaints Act 2004
174 Amendment of section
14—Staff
175 Substitution of section 71
71 Conflict
of interest under Public Sector (Honesty and Accountability)
Act
Part 75—Amendment of Health Care
Act 2008
176 Amendment of section 31—General powers of
incorporated hospital
177 Amendment of section 34—Employed
staff
178 Amendment of section 52—Employed staff
179 Repeal of
section 89
180 Amendment of Schedule 2—Health Advisory
Councils
3 Application of Public Sector (Honesty and
Accountability) Act
Part 76—Amendment of Heritage Places
Act 1993
181 Amendment of section 41A
182 Repeal of
section 41B
Part 77—Amendment of Highways
Act 1926
183 Amendment of section 28—Annual
report
184 Repeal of section 29
185 Amendment of section
32—Application of Highways Fund
Part 78—Amendment of History Trust of South
Australia Act 1981
186 Repeal of section 10
187 Amendment
of section 13—Validity of acts of Trust
188 Amendment of section
16—Staffing arrangements
Part 79—Amendment of Housing and Urban Development
(Administrative Arrangements) Act 1995
189 Amendment of
section 17—Staff
Part 80—Amendment of Independent Gambling Authority
Act 1995
190 Amendment of section 8—Validity of acts of
Authority
191 Repeal of section 9
192 Amendment of section
10—Secretary
Part 81—Amendment of Legal Practitioners
Act 1981
193 Amendment of section 90—Lay
observers
Part 82—Amendment of Legal Services Commission
Act 1977
194 Amendment of section 15—Employment of
legal practitioners and other persons by Commission
Part 83—Amendment of Libraries
Act 1982
195 Insertion of section
11A
11A Conflict of interest under Public Sector (Honesty and
Accountability) Act
196 Amendment of section 12—Validity of acts
of Board
197 Repeal of Part 2 Division 6
198 Amendment of section
38—Training of librarians
Part 84—Amendment of Liquor Licensing
Act 1997
199 Amendment of section 8—Liquor and Gambling
Commissioner
200 Repeal of section 137
Part 85—Amendment of Listening and Surveillance
Devices Act 1972
201 Amendment of section 8—Possession
etc of declared listening device
Part 86—Amendment of Livestock
Act 1997
202 Insertion of section
10A
10A Conflict of interest under Public Sector (Honesty and
Accountability) Act
203 Repeal of section 67
Part 87—Amendment of Local Government
Act 1999
204 Amendment of section 19—Validity of
acts
205 Amendment of Schedule 1A—Implementation of Stormwater
Management Agreement
Part 88—Amendment of Maralinga Tjarutja Land Rights
Act 1984
206 Amendment of section 33—Tribal
assessor
Part 89—Amendment of Marine Parks
Act 2007
207 Repeal of section 31
208 Repeal of section
53
Part 90—Amendment of Medical Practice
Act 2004
209 Amendment of section 17—Conflict of
interest etc under Public Sector (Honesty and Accountability) Act
210 Repeal
of section 30
Part 91—Amendment of Mines and Works Inspection
Act 1920
211 Amendment of section 7—Inspection for
official purposes
212 Amendment of section 10B—Establishment of appeal
board
Part 92—Amendment of Mining
Act 1971
213 Substitution of section
13
13 Mining registrars and other staff
214 Repeal
of section 89A
Part 93—Amendment of Motor Accident Commission
Act 1992
215 Repeal of section 9
216 Repeal of sections 11
and 12
Part 94—Amendment of Motor Vehicles
Act 1959
217 Amendment of section 38A—Reduced fees for
certain concession card holders
218 Amendment of section
38AB—Registration fees for trailers owned by certain concession card
holders
219 Amendment of section 139E—Protection from
liability
Part 95—Amendment of National Parks and Wildlife
Act 1972
220 Amendment of section
12—Delegation
221 Amendment of section 13—Information to be
included in annual report
222 Substitution of section
19A
19A Conflict of interest under Public Sector (Honesty and
Accountability) Act
223 Repeal of section 19J
224 Repeal of section
19P
225 Repeal of section 26A
Part 96—Amendment of Native Vegetation
Act 1991
226 Amendment of section 12—Validity of acts
of Council
227 Substitution of section 13
13 Application of
Public Sector (Honesty and Accountability) Act
228 Amendment of
section 16—Staff
229 Amendment of section 33A—Appointment of
authorised officers
Part 97—Amendment of Natural Resources Management
Act 2004
230 Amendment of section 20—Annual
report
231 Insertion of section 28A
28A Conflict of
interest under Public Sector (Honesty and Accountability)
Act
232 Amendment of section 34—Staff
233 Amendment of
section 38—Annual reports
234 Amendment of section 50—Allowances
and expenses
235 Insertion of section 51A
51A Conflict of
interest under Public Sector (Honesty and Accountability)
Act
236 Amendment of section 57—Annual reports
237 Amendment
of section 212—Immunity from liability
238 Repeal of Schedule 1 clause
5
Part 98—Amendment of Nursing and Midwifery Practice
Act 2008
239 Amendment of section 18—Conflict of
interest under Public Sector (Honesty and Accountability) Act
Part 99—Amendment of Occupational Health, Safety
and Welfare Act 1986
240 Amendment of section
4—Interpretation
241 Amendment of section 9—Terms and conditions
of office
242 Amendment of section 11—Validity of acts
243 Insertion
of section 12A
12A Conflict of interest under Public Sector
(Honesty and Accountability) Act
244 Repeal of section 51
Part 100—Amendment of Occupational Therapy Practice
Act 2005
245 Amendment of section 18—Conflict of
interest etc under Public Sector (Honesty and Accountability) Act
Part 101—Amendment of Offshore Minerals
Act 2000
246 Amendment of section 31—State officer
acting under delegation
247 Amendment of section 421—Appointment of
inspectors
Part 102—Amendment of Ombudsman
Act 1972
248 Amendment of section
3—Interpretation
249 Amendment of section 12—Officers of
Ombudsman
Part 103—Amendment of Opal Mining
Act 1995
250 Repeal of section 97
Part 104—Amendment of Optometry Practice
Act 2007
251 Amendment of section 18—Conflict of
interest under Public Sector (Honesty and Accountability) Act
Part 105—Amendment of Outback Areas Community
Development Trust Act 1978
252 Amendment of section
10—Validity of acts of the Trust
253 Repeal of section 11
Part 106—Amendment of Parliament (Joint Services)
Act 1985
254 Amendment of section 11—Classification of
offices
255 Amendment of section 30—Allowances and deductions
Part 107—Amendment of Parole Orders (Transfer)
Act 1983
256 Amendment of section
3—Interpretation
257 Amendment of section 4—Appointment of
Registrar
258 Amendment of section 5—Power of Minister to
delegate
Part 108—Amendment of Partnership
Act 1891
259 Repeal of section 82
Part 109—Amendment of Pastoral Land Management and
Conservation Act 1989
260 Substitution of section
16
16 Conflict of interest under Public Sector (Honesty and
Accountability) Act
261 Repeal of section 64
Part 110—Amendment of Petroleum and Geothermal
Energy Act 2000
262 Repeal of section 132
Part 111—Amendment of Petroleum Products Regulation
Act 1995
263 Repeal of section 58
Part 112—Amendment of Pharmacy Practice
Act 2007
264 Amendment of section 17—Conflict of
interest under Public Sector (Honesty and Accountability) Act
Part 113—Amendment of Phylloxera and Grape Industry
Act 1995
265 Substitution of section
9
9 Conflict of interest under Public Sector (Honesty and
Accountability) Act
266 Repeal of section 28
Part 114—Amendment of Physiotherapy Practice
Act 2005
267 Amendment of section 18—Conflict of
interest under Public Sector (Honesty and Accountability) Act
Part 115—Amendment of Plant Health Act
2009
268 Repeal of section 46
269 Amendment of section
49—Delegation
Part 116—Amendment of Podiatry Practice
Act 2005
270 Amendment of section 18—Conflict of
interest under Public Sector (Honesty and Accountability) Act
Part 117—Amendment of Police (Complaints and
Disciplinary Proceedings) Act 1985
271 Amendment of section
9—Staff of Authority
272 Amendment of section 21A—Determination
by Authority to resolve complaint informally
Part 118—Amendment of Primary Produce (Food Safety
Schemes) Act 2004
273 Repeal of section 37
Part 119—Amendment of Prisoners (Interstate
Transfer) Act 1982
274 Repeal of section 4
275 Amendment
of section 5—Interpretation
Part 120—Amendment of Private Parking Areas
Act 1986
276 Repeal of section 13
Part 121—Amendment of Professional Standards
Act 2004
277 Repeal of Schedule 2 clause 7
Part 122—Amendment of Protective Security
Act 2007
278 Repeal of section 31
Part 123—Amendment of Psychological Practices
Act 1973
279 Amendment of section 8—Composition of
Board
280 Insertion of section 10A
10A Conflict of interest
under Public Sector (Honesty and Accountability) Act
281 Amendment of
section 11—Validity of acts of Board
282 Amendment of section
13—Registrar, officers and servants
Part 124—Amendment of Public and Environmental
Health Act 1987
283 Amendment of section 11—Validity of
acts of Council
284 Repeal of section 40
Part 125—Amendment of Public Corporations
Act 1993
285 Substitution of section
22
22 Immunity for directors
286 Amendment of
Schedule—Provisions applicable to
subsidiaries
11 Immunity for directors of
subsidiaries
Part 126—Amendment of Public Finance and Audit
Act 1987
287 Amendment of section
4—Interpretation
288 Amendment of section 25—Assistance in
carrying out Auditor-General's function
Part 127—Amendment of Public Intoxication
Act 1984
289 Repeal of section 13
Part 128—Amendment of Radiation Protection and
Control Act 1982
290 Substitution of section
15
15 Application of Public Sector (Honesty and
Accountability) Act
291 Repeal of section 21
Part 129—Amendment of Real Property
Act 1886
292 Amendment of section 13—Officers for
administration of this Act
293 Amendment of section 14—Acting
Registrar-General
294 Amendment of section 15—Acting Deputy
Registrar-General
295 Amendment of section 31—Application, how to be
dealt with
296 Amendment of section 80C—Application how dealt
with
297 Amendment of section 148A—Entry in Register Book where rights
of mortgagee barred by Statute
Part 130—Amendment of Residential Parks
Act 2007
298 Repeal of section 135
Part 131—Amendment of Residential Tenancies
Act 1995
299 Repeal of section 9
Part 132—Amendment of Retail and Commercial Leases
Act 1995
300 Repeal of section 10
301 Amendment of section
73—Advisory Committee
Part 133—Amendment of SACE Board of South Australia
Act 1983
302 Amendment of section 11—Validity of acts
of Board
303 Repeal of section 13
304 Amendment of section
18—Staffing arrangements
Part 134—Amendment of Solicitor-General
Act 1972
305 Amendment of section 4—Appointment of
Solicitor-General
306 Amendment of section 5—Terms and appointment of
Solicitor-General
Part 135—Amendment of South Australian Country Arts
Trust Act 1992
307 Insertion of section
8
8 Conflict of interest under Public Sector (Honesty and
Accountability) Act
308 Amendment of section 13—Staffing
arrangements
309 Repeal of section 29
Part 136—Amendment of South Australian Film
Corporation Act 1972
310 Amendment of section
5—Establishment of Corporation
311 Substitution of sections 6A and
6B
6A Conflict of interest under Public Sector (Honesty and
Accountability) Act
312 Amendment of section 9A—Staffing
arrangements
Part 137—Amendment of South Australian Forestry
Corporation Act 2000
313 Amendment of section 15—Staff
of Corporation
Part 138—Amendment of South Australian Housing
Trust Act 1995
314 Amendment of section
3—Interpretation
315 Substitution of sections 12 and
13
12 Conflict of interest under Public Sector (Honesty and
Accountability) Act
316 Amendment of section 14—Validity of
acts
317 Amendment of section 32B—Housing Appeals Panel
Part 139—Amendment of South Australian Local
Government Grants Commission Act 1992
318 Amendment of
section 12—Validity of acts of Commission
Part 140—Amendment of South Australian Motor Sport
Act 1984
319 Repeal of section 7
320 Amendment of section
9—Validity of acts of Board
321 Amendment of section 13—Chief
Executive
322 Amendment of section 14—Staffing arrangements
Part 141—Amendment of South Australian
Multicultural and Ethnic Affairs Commission
Act 1980
323 Amendment of section 10—Validity of acts
of Commission
324 Amendment of section 16—Staff to assist
Commission
Part 142—Amendment of South Australian Museum
Act 1976
325 Amendment of section 9—Validity of acts of
Board
326 Substitution of section 14
14 Director and other
staff
Part 143—Amendment of South Australian Tourism
Commission Act 1993
327 Substitution of sections 14 and
15
14 Conflict of interest under Public Sector (Honesty and
Accountability) Act
328 Repeal of section 18
329 Amendment of
section 18A—Staffing arrangements
Part 144—Amendment of South Eastern Water
Conservation and Drainage Act 1992
330 Substitution of
section 16
16 Conflict of interest under Public Sector
(Honesty and Accountability) Act
331 Amendment of section
29—Eight Mile Creek Water Conservation and Drainage Advisory
Committee
332 Repeal of section 58
Part 145—Amendment of Stamp Duties
Act 1923
333 Amendment of Schedule 2—Stamp duties and
exemptions
Part 146—Amendment of State Lotteries
Act 1966
334 Repeal of section 10
335 Amendment of section
13—Powers and functions of Commission
Part 147—Amendment of State Opera of South
Australia Act 1976
336 Substitution of section
16
16 Conflict of interest under Public Sector (Honesty and
Accountability) Act
337 Amendment of section 21—Staffing
arrangements
338 Repeal of section 27
Part 148—Amendment of State Procurement
Act 2004
339 Amendment of section
4—Interpretation
340 Repeal of section 16
341 Repeal of section
24
Part 149—Amendment of State Records
Act 1997
342 Amendment of section 9—Establishment of
Council
Part 150—Amendment of State Theatre Company of
South Australia Act 1972
343 Substitution of sections 15 and
16
15 Governors may be Public Service
employees
16 Conflict of interest under Public Sector
(Honesty and Accountability) Act
344 Amendment of section
20—Staffing arrangements
345 Repeal of section 30
Part 151—Amendment of Summary Procedure
Act 1921
346 Amendment of section 184—Application may
be made to Court for transfer to training centre
Part 152—Amendment of Superannuation
Act 1988
347 Amendment of section
4—Interpretation
Part 153—Amendment of Superannuation Funds
Management Corporation of South Australia Act 1995
348 Repeal
of sections 14 to 18
349 Repeal of section 32
350 Repeal of section
34
Part 154—Amendment of Supported Residential
Facilities Act 1992
351 Substitution of section
16
16 Conflict of interest under Public Sector (Honesty and
Accountability) Act
Part 155—Amendment of Survey
Act 1992
352 Insertion of section
9A
9A Conflict of interest under Public Sector (Honesty and
Accountability) Act
353 Amendment of section 44—Investigations
by Surveyor-General
Part 156—Amendment of Teachers Registration and
Standards Act 2004
354 Amendment of section 12—Conflict
of interest under Public Sector (Honesty and Accountability) Act
Part 157—Amendment of Technical and Further
Education Act 1975
355 Amendment of section
4—Interpretation
356 Amendment of section 13—Delegation by Chief
Executive Officer
Part 158—Amendment of Tobacco Products Regulation
Act 1997
357 Repeal of section 80
Part 159—Amendment of Training and Skills
Development Act 2008
358 Insertion of section
13A
13A Conflict of interest under Public Sector (Honesty and
Accountability) Act
359 Amendment of section
15—Staff
360 Amendment of section 24—Staff
361 Repeal of
section 74
Part 160—Amendment of Veterinary Practice
Act 2003
362 Substitution of section
18
18 Application of Public Sector (Honesty and
Accountability) Act
363 Repeal of section 75
Part 161—Amendment of Water Efficiency Labelling
and Standards Act 2006
364 Amendment of section
7—Definitions
365 Amendment of section 22—Functions of
Regulator
Part 162—Amendment of West Beach Recreation Reserve
Act 1987
366 Repeal of section 10
367 Amendment of section
12—Validity of acts of Trust
Part 163—Amendment of Whistleblowers Protection
Act 1993
368 Amendment of section 5—Immunity for
appropriate disclosures of public interest information
Part 164—Amendment of Wilderness Protection
Act 1992
369 Repeal of section 21
Part 165—Amendment of Witness Protection
Act 1996
370 Repeal of section 26
Part 166—Amendment of WorkCover Corporation
Act 1994
371 Amendment of section 6—Conditions of
membership
372 Repeal of sections 8 and 9
373 Amendment of section
10—Validity of acts
374 Amendment of section 22—Other staff of
Corporation
Part 167—Amendment of Workers Rehabilitation and
Compensation Act 1986
375 Amendment of section 9—Terms
and conditions of office
376 Substitution of section
13
13 Conflict of interest under Public Sector (Honesty and
Accountability) Act
377 Amendment of section 64—Compensation
Fund
378 Amendment of section 81A—Conditions of
appointment
379 Amendment of section 99I—Staff
380 Repeal of section
99N
Part 168—Amendment of Young Offenders
Act 1993
381 Amendment of section
4—Interpretation
382 Amendment of section 38—Training Centre
Review Board
Part 169—Amendment of Youth Court
Act 1993
383 Amendment of section
3—Interpretation
384 Amendment of section 24—Persons who may be
present in Court
Part 170—Amendment of Zero Waste SA
Act 2004
385 Amendment of section 7—Powers of Zero
Waste SA
386 Substitution of section 13
13 Application of
Public Sector (Honesty and Accountability) Act 1995
387 Repeal of
section 20
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Statutes Amendment (Public Sector
Consequential Amendments) Act 2009.
(1) This Act will come into operation on a day to be fixed by
proclamation.
(2) Section 7(5) of the Acts Interpretation Act 1915 does not
apply to this Act.
(1) In this Act, a provision under a heading referring to the amendment of
a specified Act amends the Act so specified.
(2) If an Act sought to be amended by a provision of this Act is, before
the commencement of the provision, amended in a manner that renders the
amendment ineffective, that amendment will be taken to have been struck out of
this Act.
Part 2—Amendment
of Aboriginal Heritage
Act 1988
4—Amendment of
section 7—Aboriginal Heritage Committee
Section 7—after subsection (5) insert:
(6) A member of the Committee will not be taken to have a direct or
indirect interest in a matter for the purposes of the Public Sector (Honesty
and Accountability) Act 1995 by reason only of the fact that the member
has an interest in a matter that is shared in common with Aboriginal persons
generally, or a substantial section of Aboriginal persons.
Section 40—delete the section
Part 3—Amendment
of Aboriginal Lands Trust
Act 1966
6—Amendment of
section 12—Trust not to represent Crown
Section 12—delete "shall not be a department of the Government of the
State" and substitute:
is not to be an administrative unit of the Public Service
7—Amendment of
section 15—Staff of Trust
Section 15—delete "Public Sector Management Act 1995"
wherever occurring and substitute in each case:
8—Amendment of
section 20A—Business Advisory Panel
Section 20A(3)(c)—delete paragraph (c) and substitute:
(c) 1 must be the chief executive, or the nominee of the chief executive,
of the administrative unit of the Public Service that is, under a Minister,
responsible for the administration of the Technical and Further Education
Act 1975.
Part 4—Amendment
of Acts Interpretation
Act 1915
9—Amendment of
section 4—Interpretation
(1) Section 4(1)—after the definition of ADI
insert:
administrative unit means an administrative unit of the
Public Service;
(2) Section 4(1)—after the definition of data storage
device insert:
Department or department of a Minister or of
the Public Service, government department or public
department means an administrative unit of the Public Service;
(3) Section 4(1)—after the definition of public
holiday insert:
Public Service or public service means the
Public Service under the Public Sector Act 2009;
Part 5—Amendment
of Adelaide Cemeteries Authority
Act 2001
10—Amendment of
section 18—Staffing arrangements
Section 18—delete "Public Sector Management Act 1995"
wherever occurring and substitute in each case:
Part 6—Amendment
of Adelaide Dolphin Sanctuary
Act 2005
11—Amendment of
section 18—Committees
Section 18(6)—delete "Public Sector Management Act 1995"
and substitute:
Public Sector (Honesty and Accountability) Act 1995
12—Amendment of
section 19—Board's procedures
Section 19(9)—delete "Public Sector Management Act 1995"
and substitute:
Public Sector (Honesty and Accountability) Act 1995
Part 7—Amendment
of Adelaide Festival Centre Trust
Act 1971
13—Amendment of
section 6—Composition of Trust
Section 6—after subsection (4) insert:
(4a) A trustee may, but need not, be a Public Service employee.
Section 16—delete the section
Section 17—delete the section and substitute:
17—Conflict of interest under Public Sector
(Honesty and Accountability) Act
A trustee will not be taken to have a direct or indirect interest in a
matter for the purposes of the Public Sector (Honesty and Accountability)
Act 1995 by reason only of the fact that the trustee has an interest in
a matter that is shared in common with those engaged in or associated with the
arts industry generally, or a substantial section of those engaged in or
associated with the arts industry.
16—Amendment of
section 21—Staffing arrangements
Section 21—delete "Public Sector Management Act 1995"
wherever occurring and substitute in each case:
Part 8—Amendment
of Adelaide Festival Corporation
Act 1998
17—Substitution of
sections 13, 14 and 15
Sections 13, 14 and 15—delete the sections and substitute:
13—Conflict of interest under Public Sector
(Honesty and Accountability) Act
A member of the board will not be taken to have a direct or indirect
interest in a matter for the purposes of the Public Sector (Honesty and
Accountability) Act 1995 by reason only of the fact that the member has
an interest in a matter that is shared in common with those engaged in or
associated with the arts industry generally, or a substantial section of those
engaged in or associated with the arts industry.
18—Amendment of
section 20A—Staffing arrangements
Section 20A—delete "Public Sector Management Act 1995"
wherever occurring and substitute in each case:
Part 9—Amendment
of Administrative Arrangements
Act 1994
19—Amendment of
section 3—Interpretation
(1) Section 3, definition of administrative
unit—delete the definition and substitute:
administrative unit means an administrative unit of the
Public Service, and includes a former department or administrative unit under
the Public Sector Act 2009 or a repealed Act;
(2) Section 3, definition of the Public Service—delete
the definition and substitute:
public sector employee has the same meaning as in the
Public Sector Act 2009;
20—Amendment of
section 8—Interpretative provision
(1) Section 8(1)—delete subsection (1) and substitute:
(1) The Governor may, by proclamation, direct that a reference in an Act,
a statutory instrument (including a proclamation under this Act), any other kind
of instrument or a contract, agreement or other document to a Minister, an
administrative unit or an officer or employee of the Public Service (whether
under the Public Sector Act 2009 or a repealed Act) or of the Crown
will have effect as if it were a reference to a Minister, an administrative unit
or a public sector employee (respectively) specified in the
proclamation.
(2) Section 8(4)—delete subsection (4)
Part 10—Amendment
of Adoption
Act 1988
21—Amendment of
section 4—Interpretation
Section 4(1), definition of Chief Executive—delete the
definition and substitute:
Chief Executive means the chief executive of the
administrative unit of the Public Service that is, under the Minister,
responsible for the administration of this Act;
Part 11—Amendment
of Aged and Infirm Persons' Property
Act 1940
22—Amendment of
section 9A—Report on person's affairs
(1) Section 9A(1)—delete "the Director-General of Community Welfare"
and substitute:
a prescribed officer
(2) Section 9A(1)—delete "Director-General thereon" and
substitute:
officer
(3) Section 9A(2)—delete "Director-General" and
substitute:
officer
(4) Section 9A(2)—delete "Minister of Community Welfare" and
substitute:
Minister
(5) Section 9A(4)—delete "Director-General of Community Welfare or
any officer of the Department of Community Welfare" and substitute:
officer or a Public Service employee assisting the officer
(6) Section 9A(5)—delete "Director-General or an officer of the
Department of Community Welfare, give to the Director-General or officer" and
substitute:
officer or a Public Service employee assisting the officer, give the
officer or employee
(7) Section 9A—after subsection (6) insert:
(7) In this section—
Minister means the Minister responsible for the
administration of the Family and Community Services
Act 1972;
prescribed officer means the chief executive, or the nominee
of the chief executive, of the administrative unit of the Public Service that
is, under the Minister, responsible for the administration of the Family and
Community Services Act 1972.
Part 12—Amendment
of Agricultural and Veterinary Products (Control
of Use) Act 2002
Section 39—delete the section
Part 13—Amendment
of Air Transport (Route
Licensing—Passenger Services) Act 2002
Section 20—delete the section
Part 14—Amendment
of Anangu Pitjantjatjara Yankunytjatjara
Land Rights Act 1981
25—Amendment of
section 13N—Minister may direct Executive Board
Section 13N(3)—delete "a member of the Minister's department" and
substitute:
an employee of the administrative unit of the Public Service that is, under
the Minister, responsible for the administration of this Act
26—Amendment of
section 13O—Minister may suspend Executive Board
Section 13O(2)(h)—delete "Part 2 Division 5 of the Public Sector
Management Act 1995 " and substitute:
the Public Sector (Honesty and Accountability) Act 1995
27—Amendment of
section 19—Unauthorised entry on lands
Section 19(8)(ca)—delete "a member of the Minister's department" and
substitute:
an employee of the administrative unit of the Public Service that is, under
the Minister, responsible for the administration of this Act
28—Amendment of
section 26—Mintabie Consultative Committee
Section 26—after subsection (8) insert:
(8a) A member of the Committee will not be taken to have a direct or
indirect interest in a matter for the purposes of the Public Sector (Honesty
and Accountability) Act 1995 by reason only of the fact that the member
has an interest in a matter that is shared in common with Anangu
generally or Mintabie residents generally, or a substantial section of
Anangu or Mintabie residents.
Part 15—Amendment
of Animal Welfare
Act 1985
After section 9 insert:
9A—Conflict of interest under Public Sector
(Honesty and Accountability) Act
A member of the Committee will not be taken to have a direct or indirect
interest in a matter for the purposes of the Public Sector (Honesty and
Accountability) Act 1995 by reason only of the fact that the member has
an interest in a matter that is shared in common with those engaged in or
associated with primary production generally, animal welfare organisations
generally, veterinary practice generally or medical or biological research
generally, or a substantial section of those engaged in or associated with any
of those fields.
Section 32—delete the section
Part 16—Amendment
of Aquaculture
Act 2001
Section 68—delete the section and substitute:
68—Conflict of interest under Public Sector
(Honesty and Accountability) Act
A member of the AAC will not be taken to have a direct or indirect interest
in a matter for the purposes of the Public Sector (Honesty and
Accountability) Act 1995 by reason only of the fact that the member has
an interest in a matter that is shared in common with those engaged in or
associated with the aquaculture industry generally, or a substantial section of
those engaged in or associated with the aquaculture industry.
Section 76—delete the section and substitute:
76—Conflict of interest under Public Sector
(Honesty and Accountability) Act
A member of the ATAB will not be taken to have a direct or indirect
interest in a matter for the purposes of the Public Sector (Honesty and
Accountability) Act 1995 by reason only of the fact that the member has
an interest in a matter that is shared in common with those engaged in or
associated with the aquaculture industry generally, or a substantial section of
those engaged in or associated with the aquaculture industry.
Section 84—delete the section
Part 17—Amendment
of Architectural Practice
Act 2009
34—Amendment of
section 17—Conflict of interest etc under Public Sector
Act
Section 17—delete "Public Sector Management Act 1995" and
substitute:
Public Sector (Honesty and Accountability) Act 1995
Section 68—delete the section
Part 18—Amendment
of Associations Incorporation
Act 1985
Section 49B—delete the section
Part 19—Amendment
of Australian Energy Market Commission
Establishment Act 2004
37—Amendment of
section 48—Certain Acts not to apply
Section 48(1)—delete "Public Sector Management Act 1995
does" and substitute:
Public Sector Act 2009 and the Public Sector (Honesty And
Accountability) Act 1995 do
Part 20—Amendment
of Biological Control
Act 1986
38—Amendment of
section 9—Delegation
Section 9(1)—delete "a person holding a position in the Department of
Primary Industries" and substitute:
an employee of the administrative unit of the Public Service that is, under
the Minister, responsible for the administration of this Act
39—Amendment of
section 53—Service of documents on Authority
Section 53—delete "Department of Primary Industries" and
substitute:
administrative unit of the Public Service that is, under the Minister,
responsible for the administration of this Act
Part 21—Amendment
of Births, Deaths and Marriages Registration
Act 1996
40—Amendment of
section 5—Registrar
Section 5—after its present contents (now to be designated as
subsection (1)) insert:
(2) The Registrar is to be a Public Service employee.
Note—
The note to section 5 will be removed editorially.
41—Amendment of
section 7—Registrar's staff
Section 7—after subsection (2) insert:
(3) The staff are to be Public Service employees.
Note—
The notes to section 7 will be removed editorially.
Section 54—delete the section
Part 22—Amendment
of Botanic Gardens and State Herbarium
Act 1978
43—Amendment of
section 9—Validity of acts of Board
Section 9(2)—delete subsection (2)
Section 21—delete the section
Part 23—Amendment
of Business Names
Act 1996
Section 29—delete the section
Part 24—Amendment
of Carers Recognition
Act 2005
46—Amendment of
section 4—Interpretation
(1) Section 4, definition of public sector
agency—delete "Public Sector Management Act 1995" and
substitute:
(2) Section 4, definition of reporting
organisation—delete "a public service administrative unit within
the meaning of the Public Sector Management Act 1995" and
substitute:
an administrative unit of the Public Service
Part 25—Amendment
of Carrick Hill Trust
Act 1985
Section 10—delete the section
48—Amendment of
section 12—Validity of acts of Trust
Section 12(2) and (3)—delete subsections (2) and (3)
Section 15—delete the section and substitute:
15—Staff
The Trust's staff consists of—
(a) Public Service employees assigned to assist the Trust; and
(b) persons employed by the Minister, on terms and conditions determined
by the Minister, to assist the Trust.
Part 26—Amendment
of Children's Protection
Act 1993
Section 52M—delete the section
Section 52R—delete the section
Section 62—delete the section
Part 27—Amendment
of Children's Services
Act 1985
53—Amendment of
section 11—Director of Children's Services
Section 11(4)—delete subsection (4)
54—Amendment of
section 12—Staff
(1) Section 12(3)—delete ", subject to subsection (4), the Public
Sector Management Act 1995 will not apply to the person" and
substitute:
not as a Public Service employee
(2) Section 12(4) and (13)—delete "Public Sector Management
Act 1995" wherever occurring and substitute in each case:
Part 28—Amendment
of Child Sex Offenders Registration
Act 2006
Section 70—delete the section
Part 29—Amendment
of Chiropractic and Osteopathy Practice
Act 2005
56—Amendment of
section 18—Conflict of interest under Public Sector (Honesty and
Accountability) Act
Section 18—delete "Public Sector Management Act 1995" and
substitute:
Public Sector (Honesty and Accountability) Act 1995
Part 30—Amendment
of Citrus Industry
Act 2005
57—Amendment of
section 10—Conflict of interest under Public Sector (Honesty and
Accountability) Act
Section 10—delete "Public Sector Management Act 1995" and
substitute:
Public Sector (Honesty and Accountability) Act 1995
Part 31—Amendment
of Classification of Theatrical Performances
Act 1978
Section 7—delete the section
Part 32—Amendment
of Classification (Publications, Films and
Computer Games) Act 1995
Section 11—delete the section
Part 33—Amendment
of Coast Protection
Act 1972
60—Amendment of
section 8—Membership of Board
Section 8(1)(a), (b) and (c)—delete paragraphs (a), (b) and (c) and
substitute:
(a) 1 will be the chief executive, or the nominee of the chief executive,
of the administrative unit of the Public Service that is, under the Minister,
responsible for the administration of this Act; and
(b) 1 will be the chief executive, or the nominee of the chief executive,
of the administrative unit of the Public Service that is, under a Minister,
responsible for the administration of the Harbors and Navigation
Act 1993; and
(c) 1 will be the Chief Executive Officer, or the nominee of the Chief
Executive Officer, of the South Australian Tourism Commission; and
61—Amendment of
section 10—Validation of acts of Board
Section 10(2)—delete subsection (2)
62—Substitution
of sections 12 and 13
Sections 12 and 13—delete the sections and substitute:
12—Secretary
(1) There is to be a Secretary to the Board.
(2) The Secretary is to be a Public Service employee.
13—Board may use services or staff of
administrative unit
The Board may, under an arrangement established by the Minister
administering an administrative unit of the Public Service, make use of the
services or staff of that administrative unit.
Part 34—Amendment
of Collections for Charitable Purposes
Act 1939
Section 18A—delete the section
Part 35—Amendment
of Construction Industry Long Service Leave
Act 1987
Section 11—delete the section and substitute:
11—Conflict of interest under Public Sector
(Honesty and Accountability) Act
A member of the Board will not be taken to have a direct or indirect
interest in a matter for the purposes of the Public Sector (Honesty and
Accountability) Act 1995 by reason only of the fact that the member has
an interest in a matter that is shared in common with those engaged in or
associated with the construction industry generally, or a substantial section of
those engaged in or associated with the construction industry.
Part 36—Amendment
of Construction Industry Training Fund
Act 1993
65—Amendment of
section 8—Disclosure of interest
Section 8—after subsection (1) insert:
(1a) A member of the Board will not be taken to have a direct or indirect
interest in a matter for the purposes of this section by reason only of the fact
that the member has an interest in a matter that is shared in common with those
engaged in or associated with the construction industry generally, or a
substantial section of those engaged in or associated with the construction
industry.
66—Amendment of
section 10—Allowances and expenses
Section 10—delete "Commissioner for Public Employment" and
substitute:
Commissioner for Public Sector Employment
67—Amendment of
Schedule 4—Public accountability of Board
Schedule 4, clause 3(3)—delete subclause (3) and
substitute:
(3) An administrator of the Board may, but need not, be a Public Service
employee.
Part 37—Amendment
of Controlled Substances
Act 1984
After section 10 insert:
10A—Conflict of interest under Public Sector
(Honesty and Accountability) Act
A member of the Advisory Council will not be taken to have a direct or
indirect interest in a matter for the purposes of the Public Sector (Honesty
and Accountability) Act 1995 by reason only of the fact that the member
has an interest in a matter that is shared in common with those engaged in or
associated with the manufacture or sale of substances or devices to which the
Controlled Substances Act 1984 applies generally, or a substantial
section of those engaged in or associated with the manufacture or sale of such
substances or devices.
Section 54—delete the section
Part 38—Amendment
of Coroners
Act 2003
70—Amendment of
section 33—Immunities
Section 33(2) and (3)—delete subsections (2) and (3)
Part 39—Amendment
of Correctional Services
Act 1982
71—Amendment of
section 4—Interpretation
Section 4(1), definition of the Department—delete the
definition and substitute:
Department means the administrative unit of the Public
Service that is, under the Minister, responsible for the administration of this
Act;
72—Amendment of
section 33—Prisoners' mail
(1) Section 33(14), definition of authorised
officer—before "employee" insert:
officer or
(2) Section 33(14), definition of authorised
officer—delete "employed" and substitute:
engaged
73—Amendment of
section 60A—Validity of acts of Board
Section 60A(2) and (3)—delete subsections (2) and (3)
Part 40—Amendment
of Courts Administration
Act 1993
74—Amendment of
section 16—State Courts Administrator
Section 16(6)—delete subsection (6)
75—Amendment of
section 17—Functions and powers of Administrator
Section 17(3)—delete subsection (3)
After section 17 insert:
17A—Delegation
(1) The Administrator may, by instrument in writing, delegate a power or
function under this Act—
(a) to a particular person or committee; or
(b) to the person for the time being performing particular duties or
holding or acting in a particular position.
(2) A power or function delegated under this section may, if the
instrument of delegation so provides, be further delegated.
(3) A delegation—
(a) may be absolute or conditional; and
(b) does not derogate from the power of the delegator to act personally in
a matter; and
(c) is revocable at will.
77—Amendment of
section 21B—Application of Public Sector Act and Superannuation
Act
Section 21B(1) to (4)—delete subsections (1) to (4) and
substitute:
(1) The Administrator and the staff of the Council are not Public Service
employees.
(2) Employment of a person as a member of the staff of the Council is
declared to be employment to which Part 7 of the Public Sector
Act 2009 applies and a person so employed is to be treated as a public
sector employee, employed by the Administrator, for the purposes of that Act and
the Public Sector (Honesty and Accountability) Act 1995.
(3) The regulations may exclude or modify the application of a provision
of Part 7 of the Public Sector Act 2009 to employment of the staff of the
Council.
(4) Section 9(1) of the Public Sector Act 2009 does not apply to
employees holding prescribed positions or the senior staff of the
Council.
(4a) Directions may not be given under section 10 of the Public Sector
Act 2009 to the Council or the Administrator.
(4b) The Commissioner for Public Sector Employment may not exercise
functions under section 14(1)(c) or (f) of the Public Sector
Act 2009 in relation to the staff of the Council.
78—Amendment of
section 23—Commissioner to consult with Council
Section 23—delete "Commissioner for Public Employment" wherever
occurring and substitute in each case:
Commissioner for Public Sector Employment
Section 28—delete the section
Part 41—Amendment
of Criminal Assets Confiscation
Act 2005
Section 215—delete the section
Part 42—Amendment
of Criminal Law (Sentencing)
Act 1988
81—Amendment of
section 3—Interpretation
Section 3(1), definitions of the CEO and community
corrections officer—delete the definitions and
substitute:
CEO means the chief executive of the administrative unit of
the Public Service that is, under a Minister, responsible for the administration
of the Correctional Services Act 1982;
community corrections officer means an officer or employee of
the administrative unit of the Public Service that is, under a Minister,
responsible for the administration of the Correctional Services
Act 1982 whose duties include the supervision of offenders in the
community;
82—Amendment of
section 3A—Application of Act to youths
Section 3A(3)(d)—delete "Chief Executive of the Department for Family
and Community Services" and substitute:
chief executive of the administrative unit of the Public Service that is,
under a Minister, responsible for the administration of the Family and
Community Services Act 1972
Section 72B—delete the section
Part 43—Amendment
of Crown Land Management
Act 2009
84—Amendment of
section 16—Delegation of Ministerial powers
Section 16(1)—delete "holding or acting in a specified office or
position" and substitute:
performing particular duties or holding or acting in a particular
position
85—Amendment of
section 25—Disposal by transfer or grant of fee
simple
Section 25(3)—delete "Part 2 Division 2 of the Public
Sector Management Act 1995" and substitute:
Section 77—delete the section
Part 44—Amendment
of Dangerous Substances
Act 1979
Section 47—delete the section
Part 45—Amendment
of Dental Practice
Act 2001
88—Amendment of
section 17—Conflict of interest under Public Sector (Honesty and
Accountability) Act
Section 17—delete "Public Sector Management Act 1995" and
substitute:
Public Sector (Honesty and Accountability) Act 1995
Section 29B—delete the section
Part 46—Amendment
of Development
Act 1993
90—Amendment of
section 10—Development Assessment Commission
Section 10(8)—delete subsection (8) and substitute:
(8) The remuneration, allowances and conditions of appointment of a member
of the Development Assessment Commission will be as determined by the
Governor.
91—Amendment of
section 10A—Special provision relating to constitution of Development
Assessment Commission
Section 10A(7)—delete "the Minister's Department" and
substitute:
the administrative unit of the Public Service that is, under the Minister,
responsible for the administration of this Act
Section 15—delete the section
93—Amendment of
section 17—Staff
Section 17(3)—delete subsection (3) and substitute:
(3) A statutory body may, under an arrangement established by the Minister
administering an administrative unit of the Public Service, make use of the
services or staff of that administrative unit.
94—Amendment of
section 18—Appointment of authorised officers
Section 18(6)—delete subsection (6)
Part 47—Amendment
of Director of Public Prosecutions
Act 1991
95—Amendment of
section 6—Office of Director
Section 6(2)(b)—delete paragraph (b) and substitute:
(b) Public Service employees assigned to work in the Office.
Part 48—Amendment
of Dog and Cat Management
Act 1995
Section 18—delete the section and substitute:
18—Conflict of interest under Public Sector
(Honesty and Accountability) Act
A member of the Board will not be taken to have a direct or indirect
interest in a matter for the purposes of the Public Sector (Honesty and
Accountability) Act 1995 by reason only of the fact that the member has
an interest in a matter that is shared in common with the other Board members,
or persons engaged in or associated with dog or cat management generally, or a
substantial section of those engaged in or associated with dog or cat
management.
Section 20—delete the section
Section 84—delete the section
Part 49—Amendment
of Dog Fence
Act 1946
After section 15 insert:
15A—Conflict of interest under Public Sector
(Honesty and Accountability) Act
A member of the Board will not be taken to have a direct or indirect
interest in a matter for the purposes of the Public Sector (Honesty and
Accountability) Act 1995 by reason only of the fact that the member has
an interest in a matter shared in common with those engaged in or associated
with animal or plant control generally or primary industry generally, or a
substantial section of those engaged in or associated with animal or plant
control or primary industry.
Section 38—delete the section
Part 50—Amendment
of Economic Development
Act 1993
101—Repeal of
sections 12, 13 and 14
Sections 12, 13 and 14—delete the sections
Part 51—Amendment
of Education
Act 1972
102—Amendment of
section 5—Interpretation
Section 5(1), definitions of the Department and the
Director-General—delete the definitions and substitute:
Department means the administrative unit of the Public
Service that is, under the Minister, responsible for the administration of this
Act;
Director-General means the chief executive of the
Department;
Section 11—delete the section
104—Amendment of
section 13—Delegation
Section 13(1)—delete "holding or acting in a specified office or
position" and substitute:
performing particular duties or holding or acting in a particular office or
position
105—Amendment of
section 72C—Validity of acts of Board
Section 72C(2) and (3)—delete subsections (2) and (3)
Part 52—Amendment
of Electoral
Act 1985
106—Amendment of
section 4—Interpretation
Section 4(1), definition of officer—delete the
definition and substitute:
officer means a person appointed to an office under this Act
or assisting the Electoral Commissioner in the administration of this Act or
engaged by the Electoral Commissioner under this Act;
107—Amendment of
section 6—Acting appointments
(1) Section 6(1)—delete "an officer of the Public Service of the
State" and substitute:
a Public Service employee
(2) Section 6(2)—delete "an officer of the Public Service of the
State" and substitute:
a Public Service employee
108—Substitution
of section 12
Section 12—delete the section and substitute:
12—Staff
(1) The Electoral Commissioner's staff consists of—
(a) Public Service employees assigned to assist the Commissioner;
and
(b) persons employed by the Commissioner, on terms and conditions
determined by the Commissioner, for the purposes of an election or otherwise on
a temporary basis as required for the administration of this Act.
(2) A person employed under subsection (1)(b) is to be remunerated in
accordance with a scale of fees and allowances fixed by the Minister.
Part 53—Amendment
of Electrical Products
Act 2000
Section 24—delete the section
Part 54—Amendment
of Electricity
Act 1996
110—Amendment of
section 7—Technical Regulator
Section 7(2)—after "Minister" insert:
and is an agency of the Crown
Section 95—delete the section
Part 55—Amendment
of Emergency Services Funding
Act 1998
112—Amendment of
section 20—Sale of land for non-payment of levy
Section 20(13)—delete "Department of Justice" and
substitute:
administrative unit of the Public Service that is, under the Minister,
responsible for the administration of this Act
113—Amendment of
section 23—Liability for levy
Section 23(2)—delete "department or administrative unit for the time
being administering that Act" and substitute:
administrative unit of the Public Service that is, under a Minister,
responsible for the administration of that Act
114—Amendment of
section 27—Payment of levy into Fund
Section 27—delete "the department or administrative unit for the time
being administering" and substitute:
administrative unit of the Public Service that is, under a Minister,
responsible for the administration of
Part 56—Amendment
of Environment Protection
Act 1993
115—Amendment of
section 17—Board may establish committees and
subcommittees
Section 17—after subsection (3) insert:
(4) The Public Sector (Honesty and Accountability) Act 1995 applies
to the members of a committee or subcommittee as if the committee or
subcommittee were an advisory body and the Minister responsible for the
administration of this Act were the relevant Minister.
Section 18—delete the section
Section 122—delete the section
Part 57—Amendment
of Environment, Resources and Development Court
Act 1993
118—Amendment of
Schedule—Commissioners
Schedule, clause 1(3)(a)—delete paragraph (a) and
substitute:
(a) the commissioner is not a Public Service employee, but will have
rights to long service leave, recreation leave, sick leave and other forms of
leave as if the commissioner were a Public Service employee; and
Part 58—Amendment
of Equal Opportunity
Act 1984
119—Amendment of
section 15—Power of Commissioner to delegate
Section 15(1)—delete "a person from time to time holding or acting in
a particular Public Service position" and substitute:
a Public Service employee
Section 16—delete the section
121—Amendment of
section 29—Criteria for discrimination on ground of sex, chosen gender or
sexuality
Section 29(3)(b)—delete "person"
Part 59—Amendment
of Essential Services Commission
Act 2002
122—Amendment of
section 19—Conflict of interest
Section 19—after subsection (4) insert:
(5) Section 8 of the Public Sector (Honesty and Accountability) Act
1995 does not apply to the Chairperson, an Acting Chairperson or any
Commissioner.
Section 49—delete the section
Part 60—Amendment
of Fair Trading
Act 1987
124—Amendment of
section 91B—Immunity from liability
Section 91B(1) and (2)—delete subsections (1) and (2)
Part 61—Amendment
of Fair Work
Act 1994
125—Amendment of
section 4—Interpretation
Section 4(1), definition of public employee, (a)—delete
"Public Sector Management Act 1995" and substitute:
126—Amendment of
section 29—President
Section 29(2)(e)—delete paragraph (e) and substitute:
(e) the Commissioner for Public Sector Employment,
127—Amendment of
section 30—Deputy Presidents
Section 30(2)(e)—delete paragraph (e) and substitute:
(e) the Commissioner for Public Sector Employment,
128—Amendment of
section 34—Commissioners
Section 34(2)(e)—delete paragraph (e) and substitute:
(e) the Commissioner for Public Sector Employment,
129—Amendment of
section 36—Remuneration and conditions of office
Section 36(1)(b)—delete "Public Sector Management
Act 1995" and substitute:
130—Amendment of
section 51—Membership of Committee
Section 51(1)(b)—delete "department" and substitute:
administrative unit of the Public Service
131—Amendment of
section 52—Terms of office
Section 52(5)—delete "department" and substitute:
administrative unit of the Public Service that is, under the Minister,
responsible for administering this Part
132—Amendment of
section 53—Remuneration and expenses
Section 53—delete "department" and substitute:
administrative unit of the Public Service that is, under the Minister,
responsible for administering this Part
133—Amendment of
section 55—Proceedings
Section 55(3)—delete "department" and substitute:
administrative unit of the Public Service that is, under the Minister,
responsible for administering this Part
After section 55 insert:
55A—Conflict of interest under Public Sector
(Honesty and Accountability) Act
A member of the Committee will not be taken to have a direct or indirect
interest in a matter for the purposes of the Public Sector (Honesty and
Accountability) Act 1995 by reason only of the fact that the member has
an interest in a matter that is shared in common with employers generally or
employees generally, or a substantial section of employers or
employees.
135—Amendment of
section 58—Appointment and conditions of office of Employee
Ombudsman
Section 58(2)(e)—delete paragraph (e) and substitute:
(e) the Commissioner for Public Sector Employment,
136—Amendment of
section 101—State industrial authorities to apply
principles
Section 101(3), definition of State industrial authority,
(c)—delete paragraph (c) and substitute:
(c) the Commissioner for Public Sector Employment; or
Section 218—delete the section
Part 62—Amendment
of Family and Community Services
Act 1972
138—Amendment of
section 6—Interpretation
Section 6(1), definition of Department—delete the
definition and substitute:
Department means the administrative unit of the Public
Service that is, under the Minister, responsible for the administration of this
Act;
139—Amendment of
section 8—Delegation
Section 8(4)—delete subsection (4)
Section 235A—delete the section
Part
63—Amendment of Fire and Emergency
Services Act 2005
141—Amendment of
section 3—Interpretation
(1) Section 3(1), definition of department—after
"administrative unit" insert:
of the Public Service
(2) Section 3(1), definition of department—delete
"being the relevant department" and substitute:
the department
(3) Section 3(1), definition of public sector
agency—delete "Public Sector Management Act 1995" and
substitute
After section 14 insert:
15—Conflict of interest under Public Sector
(Honesty and Accountability) Act
A member of the Board will not be taken to have a direct or indirect
interest in a matter for the purposes of the Public Sector (Honesty and
Accountability) Act 1995 by reason only of the fact that the member has
an interest in a matter by virtue of being a member of an emergency services
organisation.
143—Amendment of
section 17—Staff
Section 17(1)(a)—delete "Commissioner for Public Employment" and
substitute:
Commissioner for Public Sector Employment
144—Amendment of
section 22—Annual reports
(1) Section 22(1)—delete "section 6A of the Public Sector
Management Act 1995" and substitute:
(2) Section 22(2)(c)—delete "Public Sector Management
Act 1995" and substitute:
145—Amendment of
section 27—Chief Officer
Section 27(3)—delete "Commissioner for Public Employment" and
substitute:
Commissioner for Public Sector Employment
146—Amendment of
section 28—Deputy Chief Officer and Assistant Chief
Officers
Section 28(2)—delete "Commissioner for Public Employment" and
substitute:
Commissioner for Public Sector Employment
147—Amendment of
section 53—Annual reports
(1) Section 53(1)—delete "section 6A of the Public Sector
Management Act 1995" and substitute:
(2) Section 53(2)(b)—delete "Public Sector Management
Act 1995" and substitute:
148—Amendment of
section 60—Chief Officer
Section 60(3)—delete "Commissioner for Public Employment" and
substitute:
Commissioner for Public Sector Employment
149—Amendment of
section 61—Deputy Chief Officer and Assistant Chief
Officers
Section 61(2)—delete "Commissioner for Public Employment" and
substitute:
Commissioner for Public Sector Employment
150—Amendment
of section 71B—Power of delegation
Section 71B(1)(a)—delete "holding or acting in a particular office or
position" and substitute:
performing particular duties or holding or acting in a particular office or
position
151—Amendment of
section 71E—Annual reports
Section 71E—delete "section 6A of the Public Sector Management Act
1995" and substitute:
152—Amendment of
section 72C—Power of delegation
Section 72C—delete "holding or acting in a particular office or
position" and substitute:
performing particular duties or holding or acting in a particular office or
position
153—Amendment of
section 73—State Bushfire Management Plan
Section 73(7)(b)(iii)—delete "any Government Department or agency"
and substitute:
a public sector agency (within the meaning of the Public Sector
Act 2009)
154—Amendment
of section 73A—Bushfire Management Area Plans
Section 73A(7)(b)(iii)—delete "any Government Department or agency"
and substitute:
a public sector agency (within the meaning of the Public Sector
Act 2009)
155—Amendment of
section 101—Annual reports
(1) Section 101(1)—delete "section 6A of the Public Sector
Management Act 1995" and substitute:
(2) Section 101(2)(b)—delete "Public Sector Management
Act 1995" and substitute:
156—Amendment of
section 109—Chief Officer
Section 109(3)—delete "Commissioner for Public Employment" and
substitute:
Commissioner for Public Sector Employment
157—Amendment of
section 110—Deputy Chief Officer and Assistant Chief
Officers
Section 110(2)—delete "Commissioner for Public Employment" and
substitute:
Commissioner for Public Sector Employment
158—Section
121—Annual reports
(1) Section 121(1)—delete "section 6A of the Public Sector
Management Act 1995" and substitute:
(2) Section 121(2)(b)—delete "Public Sector Management
Act 1995" and substitute:
Part 64—Amendment
of Forestry
Act 1950
Section 8F—delete the section
Part 65—Amendment
of Freedom of Information
Act 1991
160—Amendment of
section 4—Interpretation
(1) Section 4(1), definition of accredited FOI officer,
(b)(iii)(A)—delete subsubparagraph (A) and substitute:
(A) in relation to an administrative unit of the Public Service—is
an executive employee or an employee who usually reports to an executive
employee; or
(2) Section 4(1), definition of agency, (c)—delete
"under the Public Sector Management Act 1995" and
substitute:
of the Public Service
Part 66—Amendment
of Gaming Machines
Act 1992
Section 83—delete the section
Part 67—Amendment
of Gas Act 1997
Section 92—delete the section
Part 68—Amendment
of Gene Technology
Act 2001
163—Amendment of
section 10—Definitions
Section 10(1), definition of State agency, (c)—delete
"within the meaning of the Public Sector Management Act 1995" and
substitute:
of the Public Service
164—Amendment of
section 29—Delegation
Section 29(1)(a)—delete paragraph (a) and substitute:
(a) a Public Service employee;
Part 69—Amendment
of Genetically Modified Crops Management
Act 2004
165—Substitution
of section 12
Section 12—delete the section and substitute:
12—Conflict of interest under Public Sector
(Honesty and Accountability) Act
A member of the Advisory Committee will not be taken to have a direct or
indirect interest in a matter for the purposes of the Public Sector (Honesty
and Accountability) Act 1995 by reason only of the fact that the member
has an interest in a matter that is shared in common with the public or persons
engaged in or associated with the industry in which the member works generally,
or a substantial section of the public or such persons.
166—Amendment of
section 26—Immunity from liability
(1) Section 26(1) and (2)—delete subsections (1) and (2)
(2) Section 26(3)—delete "In addition, no" and substitute:
No
Part 70—Amendment
of Geographical Names
Act 1991
167—Amendment of
section 3—Interpretation
Section 3, definition of recorded name—delete "the
Department of Lands" and substitute:
an administrative unit of the Public Service
Part 71—Amendment
of Government Business Enterprises (Competition)
Act 1996
168—Amendment of
section 3—Interpretation
Section 3, definition of government agency, (b)—delete
"a department or"
169—Substitution
of section 21
Section 21—delete the section and substitute:
21—Annual report
The annual report of the administrative unit of the Public Service that is
responsible, under the Minister, for the administration of this Act must include
a report on the investigations carried out under this Act for the relevant
financial year.
Part 72—Amendment
of Government Financing Authority
Act 1982
Section 7—delete the section
171—Repeal of
sections 18E and 18F
Sections 18E and 18F—delete the sections
172—Substitution
of section 20
Section 20—delete the section and substitute:
20—Staff
(1) The Authority's staff consists of—
(a) Public Service employees assigned to assist the Authority;
and
(b) persons employed by the Authority, with the consent of the Treasurer
and on terms and conditions determined by the Treasurer, to assist the
Authority.
(2) The Treasurer may, by notice in the Gazette—
(a) exclude Public Service employees who are members of the Authority's
staff from specified provisions of the Public Sector Act 2009;
and
(b) if the Treasurer thinks that certain provisions should apply to such
employees instead of those excluded under paragraph (a)—determine that
those provisions will apply,
and such a notice will have effect according to its terms.
(3) The Authority may, under an arrangement established by the Minister
administering an administrative unit of the Public Service, make use of the
services or staff of that administrative unit.
Part 73—Amendment
of Guardianship and Administration
Act 1993
Section 83—delete the section
Part 74—Amendment
of Health and Community Services Complaints
Act 2004
174—Amendment of
section 14—Staff
Section 14(2)(a)—delete "Public Sector Management
Act 1995" and substitute:
175—Substitution
of section 71
Section 71—delete the section and substitute:
71—Conflict of interest under Public Sector
(Honesty and Accountability) Act
A member of the Council will not be taken to have a direct or indirect
interest in a matter for the purposes of the Public Sector (Honesty and
Accountability) Act 1995 by reason only of the fact that the member has
an interest in a matter that is shared in common with health and community
service providers generally, or a substantial section of health and community
service providers.
Part 75—Amendment
of Health Care
Act 2008
176—Amendment of
section 31—General powers of incorporated hospital
Section 31(1a)(f)(i)—delete "Public Sector Management
Act 1995" and substitute:
177—Amendment of
section 34—Employed staff
Section 34—delete "Public Sector Management Act 1995"
wherever occurring and substitute in each case:
178—Amendment of
section 52—Employed staff
Section 52—delete "Public Sector Management Act 1995"
wherever occurring and substitute in each case:
Section 89—delete the section
180—Amendment of
Schedule 2—Health Advisory Councils
Schedule 2, clause 3—delete the clause and substitute:
3—Application of Public Sector (Honesty and
Accountability) Act
The Public Sector (Honesty and Accountability) Act 1995 applies
to a member of a HAC that has not been incorporated under this Act as if the HAC
were an advisory body and the Minister responsible for the administration of
this Act were the relevant Minister.
Part 76—Amendment
of Heritage Places
Act 1993
Section 41A(4) and (5)—delete subsections (4) and (5) and
substitute:
(4) The Minister must cause a register to be kept, at a place determined
by the Minister, of all delegations made under this section.
Section 41B—delete the section
Part 77—Amendment
of Highways
Act 1926
183—Amendment of
section 28—Annual report
Section 28(3)—delete "and the report is laid before each House of
Parliament in accordance with the Public Sector Management
Act 1995"
Section 29—delete the section
185—Amendment of
section 32—Application of Highways Fund
Section 32—delete "the Police Department" wherever occurring and
substitute in each case:
South Australia Police
Part 78—Amendment
of History Trust of South Australia
Act 1981
Section 10—delete the section
187—Amendment of
section 13—Validity of acts of Trust
Section 13(2)—delete subsection (2)
188—Amendment of
section 16—Staffing arrangements
Section 16—delete "Public Sector Management Act 1995"
wherever occurring and substitute in each case:
Part 79—Amendment
of Housing and Urban Development (Administrative
Arrangements) Act 1995
189—Amendment of
section 17—Staff
Section 17(1)—delete "persons who are appointed and hold office under
the Public Sector Management Act 1995" and substitute:
Public Service employees
Part 80—Amendment
of Independent Gambling Authority
Act 1995
190—Amendment of
section 8—Validity of acts of Authority
Section 8(2) and (3)—delete subsections (2) and (3)
Section 9—delete the section
192—Amendment of
section 10—Secretary
Section 10(2)—delete subsection (2) and substitute:
(2) The Secretary will be a Public Service employee.
Part 81—Amendment
of Legal Practitioners
Act 1981
193—Amendment of
section 90—Lay observers
Section 90(2)—delete ", subject to the Public Sector Management
Act 1995" and substitute:
a Public Service employee
Part 82—Amendment
of Legal Services Commission
Act 1977
194—Amendment of
section 15—Employment of legal practitioners and other persons by
Commission
Section 15(3)—delete "Commissioner for Public Employment" and
substitute:
Commissioner for Public Sector Employment
Part 83—Amendment
of Libraries
Act 1982
After section 11 insert:
11A—Conflict of interest under Public Sector
(Honesty and Accountability) Act
A member of the Board will not be taken to have a direct or indirect
interest in a matter for the purposes of the Public Sector (Honesty and
Accountability) Act 1995 by reason only of the fact that the member has
an interest in a matter that is shared in common with public librarians
generally, or a substantial section of public librarians.
196—Amendment of
section 12—Validity of acts of Board
Section 12(2) and (3)—delete subsections (2) and (3)
197—Repeal of
Part 2 Division 6
Part 2 Division 6—delete the Division
198—Amendment of
section 38—Training of librarians
(1) Section 38—delete ", subject to the provisions of the Public
Service Act 1967,"
(2) Section 38—delete ", whether those persons are employed under
this Act or not"
Part 84—Amendment
of Liquor Licensing
Act 1997
199—Amendment of
section 8—Liquor and Gambling Commissioner
Section 8(3)—delete subsection (3) and substitute:
(3) The Commissioner is to be a Public Service employee.
Section 137—delete the section
Part 85—Amendment
of Listening and Surveillance Devices
Act 1972
201—Amendment of
section 8—Possession etc of declared listening device
Section 8(6)—delete "(within the meaning of the Public Sector
Management Act 1995)" and substitute:
of an administrative unit of the Public Service
Part 86—Amendment
of Livestock
Act 1997
After section 10 insert:
10A—Conflict of interest under Public Sector
(Honesty and Accountability) Act
A member of a livestock advisory group will not be taken to have a direct
or indirect interest in a matter for the purposes of the Public Sector
(Honesty and Accountability) Act 1995 by reason only of the fact that
the member has an interest in a matter that is shared in common with those
engaged in or associated with the relevant sector of the livestock industry
generally, or a substantial section of those engaged in or associated with the
relevant sector of the livestock industry.
Section 67—delete the section
Part 87—Amendment
of Local Government
Act 1999
204—Amendment of
section 19—Validity of acts
Section 19(2) and (3)—delete subsections (2) and (3)
205—Amendment of
Schedule 1A—Implementation of Stormwater Management
Agreement
Schedule 1A, clause 24(1), (2) and (3)—delete subclauses (1), (2) and
(3)
Part 88—Amendment
of Maralinga Tjarutja Land Rights
Act 1984
206—Amendment of
section 33—Tribal assessor
Section 33(3)—delete "after considering the advice of the Public
Service Board"
after consultation with the Commissioner for Public Sector
Employment
Part 89—Amendment
of Marine Parks
Act 2007
Section 31—delete the section
Section 53—delete the section
Part 90—Amendment
of Medical Practice
Act 2004
209—Amendment of
section 17—Conflict of interest etc under Public Sector (Honesty and
Accountability) Act
Section 17—delete "Public Sector Management Act 1995" and
substitute:
Public Sector (Honesty and Accountability) Act 1995
Section 30—delete the section
Part 91—Amendment
of Mines and Works Inspection
Act 1920
211—Amendment of
section 7—Inspection for official purposes
Section 7(1)—delete "officer" wherever occurring and substitute in
each case:
Public Service employee
212—Amendment of
section 10B—Establishment of appeal board
(1) Section 10B(4)—delete subsection (4) and substitute:
(4) A person who is an employee of an administrative unit of the Public
Service that is, under the Minister, responsible for the administration of this
Act or who has a direct or indirect financial interest in the conduct of mining
operations in this State may not be a member of the appeal board.
(2) Section 10B(7) and (8)—delete subsections (7) and (8) and
substitute:
(7) Subject to subsection (4), a member of the appeal board may, but need
not, be a Public Service employee.
Part 92—Amendment
of Mining Act 1971
213—Substitution
of section 13
Section 13—delete the section and substitute:
13—Mining registrars and other
staff
(1) There is to be a Mining Registrar and other mining
registrars.
(2) The Mining Registrar and the mining registrars are to be Public
Service employees.
(3) The Mining Registrar may delegate a power or function of the Mining
Registrar to another mining registrar.
(4) A delegation—
(a) may be made subject to conditions or limitations; and
(b) is revocable at will; and
(c) does not prevent the Mining Registrar from acting personally in a
matter.
(5) A mining registrar may be assigned to act as the Mining
Registrar—
(a) during a vacancy in the office of Mining Registrar; or
(b) when the Mining Registrar is absent from, or unable to discharge,
official duties.
Section 89A—delete the section
Part 93—Amendment
of Motor Accident Commission
Act 1992
Section 9—delete the section
216—Repeal of
sections 11 and 12
Sections 11 and 12—delete the sections
Part 94—Amendment
of Motor Vehicles
Act 1959
217—Amendment of
section 38A—Reduced fees for certain concession card
holders
Section 38A(1)(a)(i)—delete subparagraph (i) and
substitute:
(i) a State concession card of a prescribed class; or
218—Amendment of
section 38AB—Registration fees for trailers owned by certain concession
card holders
Section 38AB(1)(a)(i)—delete subparagraph (i) and
substitute:
(i) a State concession card of a prescribed class; or
219—Amendment of
section 139E—Protection from liability
Section 139E(1) and (2)—delete subsections (1) and (2)
Part 95—Amendment
of National Parks and Wildlife
Act 1972
220—Amendment of
section 12—Delegation
Section 12(4)—delete "to the person from time to time holding, or
performing the duties of, a specified position in the Public Service of the
State" and substitute:
to a Public Service employee for the time being performing particular
duties or holding or acting in a particular position
221—Amendment of
section 13—Information to be included in annual
report
Section 13(1)—delete "Each annual report presented by the Department
to the Minister under section 66 of the Public Sector Management
Act 1995" and substitute:
The annual report of the Department
222—Substitution
of section 19A
Section 19A—delete the section and substitute:
19A—Conflict of interest under Public Sector
(Honesty and Accountability) Act
A member of the Council will not be taken to have a direct or indirect
interest in a matter for the purposes of the Public Sector (Honesty and
Accountability) Act 1995 by reason only of the fact that the member has
an interest in a matter that is shared in common with those engaged in or
associated with ecologically-based tourism generally, or a substantial section
of those engaged in or associated with ecologically-based tourism.
Section 19J—delete the section
Section 19P—delete the section
Section 26A—delete the section
Part 96—Amendment
of Native Vegetation
Act 1991
226—Amendment of
section 12—Validity of acts of Council
Section 12(2) and (3)—delete subsections (2) and (3)
227—Substitution
of section 13
Section 13—delete the section and substitute:
13—Application of Public Sector (Honesty and
Accountability) Act
(1) The Public Sector (Honesty and Accountability) Act 1995
applies to a member of the Council as an advisory body member (whether the
Council is providing advice to the Minister or performing some other
function).
(2) A member of the Council will not be taken to have a direct or indirect
interest in a matter for the purposes of the Public Sector (Honesty and
Accountability) Act 1995 by reason only of the fact that the member has
an interest in a matter that is shared in common with primary producers
generally, or a substantial section of primary producers.
228—Amendment of
section 16—Staff
Section 16(2) and (3)—delete subsections (2) and (3) and
substitute:
(2) The secretary and other members of staff are to be Public Service
employees.
(3) The Council may, under an arrangement established by the Minister
administering an administrative unit of the Public Service, make use of the
services or staff of that administrative unit.
229—Amendment of
section 33A—Appointment of authorised officers
Section 33A(7) and (8)—delete subsections (7) and (8)
Part 97—Amendment
of Natural Resources Management
Act 2004
230—Amendment of
section 20—Annual report
Section 20(1)—delete "section 6A of the Public Sector Management
Act 1995" and substitute:
After section 28 insert:
28A—Conflict of interest under Public Sector
(Honesty and Accountability) Act
A member of a regional NRM board will not be taken to have a direct or
indirect interest in a matter for the purposes of the Public Sector (Honesty
and Accountability) Act 1995 by reason only of the fact
that—
(a) the member has an interest in a matter that is shared in common with
persons in the region for which the board is established generally or primary
producers in the region generally, or a substantial section of those persons or
primary producers; or
(b) the member has an interest in a matter as a member or officer of a
constituent council or council subsidiary that has an interest in the
matter.
232—Amendment of
section 34—Staff
(1) Section 34(4)—delete "Commissioner for Public Employment" and
substitute:
Commissioner for Public Sector Employment
(2) Section 34—delete "Public Sector Management
Act 1995" wherever occurring and substitute in each case:
233—Amendment of
section 38—Annual reports
Section 38(1)—delete "section 6A of the Public Sector Management
Act 1995" and substitute:
234—Amendment of
section 50—Allowances and expenses
Section 50—delete "Commissioner for Public Employment" and
substitute:
Commissioner for Public Sector Employment
After section 51 insert:
51A—Conflict of interest under Public Sector
(Honesty and Accountability) Act
A member of an NRM group will not be taken to have a direct or indirect
interest in a matter for the purposes of the Public Sector (Honesty and
Accountability) Act 1995 by reason only of the fact
that—
(a) the member has an interest in a matter that is shared in common with
persons in the area for which the board is established generally or primary
producers in the area generally, or a substantial section of those persons or
primary producers; or
(b) the member has an interest in a matter as a member or officer of a
constituent council or council subsidiary that has an interest in the
matter.
236—Amendment of
section 57—Annual reports
Section 57(1)—delete "section 6A of the Public Sector Management
Act 1995" and substitute:
237—Amendment of
section 212—Immunity from liability
Section 212(3) and (4)—delete subsections (3) and (4)
238—Repeal of
Schedule 1 clause 5
Schedule 1, clause 5—delete the clause
Part 98—Amendment
of Nursing and Midwifery Practice
Act 2008
239—Amendment of
section 18—Conflict of interest under Public Sector (Honesty and
Accountability) Act
Section 18—delete "Public Sector Management Act 1995" and
substitute:
Public Sector (Honesty and Accountability) Act 1995
Part 99—Amendment
of Occupational Health, Safety and Welfare
Act 1986
240—Amendment of
section 4—Interpretation
(1) Section 4(1), definition of Department—delete the
definition and substitute:
Department means the administrative unit of the Public
Service that is, under the Minister, responsible for the administration of this
Act;
(2) Section 4(1), definition of the designated person,
(b)—delete "Director-General of Mines and Energy" and
substitute:
chief executive of the administrative unit of the Public Service that is,
under a Minister, responsible for the administration of those Acts;
241—Amendment of
section 9—Terms and conditions of office
(1) Section 9(3)(e)—delete paragraph (e)
(2) Section 9(6) to (8) (inclusive)—delete subsections (6) to
(8)
242—Amendment of
section 11—Validity of acts
Section 11(2) and (3)—delete subsections (2) and (3)
After section 12 insert:
12A—Conflict of interest under Public Sector
(Honesty and Accountability) Act
(1) A member of the Advisory Committee will not be taken to have a direct
or indirect interest in a matter for the purposes of the Public Sector
(Honesty and Accountability) Act 1995 by reason only of the fact that
the member has an interest in a matter that is shared in common with employers
or employees generally, or a substantial section of employers or
employees.
(2) Despite the Public Sector (Honesty and Accountability)
Act 1995, a member of the Advisory Committee who has made a disclosure
of an interest in a matter decided or under consideration by the Advisory
Committee may, with the permission of a majority of the members of the Advisory
Committee who may vote on the matter, attend or remain at a meeting when the
matter is under consideration in order to ask or answer questions, or to provide
any other information or material that may be relevant to the deliberations of
the Advisory Committee, provided that the member then withdraws from the room
and does not in any other way take part in any deliberations or vote on the
matter.
Section 51—delete the section
Part
100—Amendment of Occupational Therapy
Practice Act 2005
245—Amendment of
section 18—Conflict of interest etc under Public Sector (Honesty and
Accountability) Act
Section 18—delete "Public Sector Management Act 1995" and
substitute:
Public Sector (Honesty and Accountability) Act 1995
Part
101—Amendment of Offshore Minerals
Act 2000
246—Amendment of
section 31—State officer acting under delegation
Section 31—delete "Public Sector Management Act 1995" and
substitute:
247—Amendment of
section 421—Appointment of inspectors
Section 421(1)—delete "Public Sector Management Act 1995"
and substitute:
Part
102—Amendment of Ombudsman
Act 1972
248—Amendment of
section 3—Interpretation
Section 3(1), definition of administrative unit—delete
"under the Public Sector Management Act 1995" and
substitute:
of the Public Service
249—Amendment of
section 12—Officers of Ombudsman
Section 12(2)(a)—delete "Public Sector Management
Act 1995" and substitute:
Part
103—Amendment of Opal Mining
Act 1995
Section 97—delete the section
Part
104—Amendment of Optometry Practice
Act 2007
251—Amendment of
section 18—Conflict of interest under Public Sector (Honesty and
Accountability) Act
Section 18—delete "Public Sector Management Act 1995" and
substitute:
Public Sector (Honesty and Accountability) Act 1995
Part
105—Amendment of Outback Areas Community
Development Trust Act 1978
252—Amendment of
section 10—Validity of acts of the Trust
Section 10(2)—delete subsection (2)
Section 11—delete the section
Part
106—Amendment of Parliament (Joint
Services) Act 1985
254—Amendment of
section 11—Classification of offices
Section 11(3)—delete subsection (3) and substitute:
(3) For the purposes of this section—
(a) a system of classification that corresponds to one applying to Public
Service employees should be adopted (as far as may be appropriate to the various
offices of the joint parliamentary service); and
(b) if the salary or limits of salary that attach to a particular
classification applying to Public Service employees are altered, that alteration
operates in relation to the corresponding classification under this
Act.
255—Amendment of
section 30—Allowances and deductions
Section 30(2)—delete subsection (2) and substitute:
(2) For the purposes of this section—
(a) the allowances and deductions fixed by the Committee must correspond
to ones applying to Public Service employees; and
(b) if there is any alteration to the allowances or deductions applying to
Public Service employees, that alteration must be adopted by the Committee for
the purposes of this Act.
Part
107—Amendment of Parole Orders (Transfer)
Act 1983
256—Amendment of
section 3—Interpretation
Section 3, definition of the Department—delete the
definition
257—Amendment of
section 4—Appointment of Registrar
Section 4(2) and (3)—delete subsections (2) and (3) and
substitute:
(2) The Registrar is to be a Public Service employee.
258—Amendment of
section 5—Power of Minister to delegate
Section 5(1)—delete "any officer of the Department" and
substitute:
a Public Service employee
Part
108—Amendment of Partnership
Act 1891
Section 82—delete the section
Part
109—Amendment of Pastoral Land Management
and Conservation Act 1989
260—Substitution
of section 16
Section 16—delete the section and substitute:
16—Conflict of interest under Public Sector
(Honesty and Accountability) Act
A member of the Board will not be taken to have a direct or indirect
interest in a matter for the purposes of the Public Sector (Honesty and
Accountability) Act 1995 by reason only of the fact that the member has
an interest in a matter that is shared in common with pastoralists generally, or
a substantial section of pastoralists.
Section 64—delete the section
Part
110—Amendment of Petroleum and Geothermal
Energy Act 2000
Section 132—delete the section
Part
111—Amendment of Petroleum Products
Regulation Act 1995
Section 58—delete the section
Part
112—Amendment of Pharmacy Practice
Act 2007
264—Amendment of
section 17—Conflict of interest under Public Sector (Honesty and
Accountability) Act
Section 17—delete "Public Sector Management Act 1995" and
substitute:
Public Sector (Honesty and Accountability) Act 1995
Part
113—Amendment of Phylloxera and Grape
Industry Act 1995
Section 9—delete the section and substitute:
9—Conflict of interest under Public Sector (Honesty
and Accountability) Act
A member of the Board will not be taken to have a direct or indirect
interest in a matter for the purposes of the Public Sector (Honesty and
Accountability) Act 1995 by reason only of the fact that the member has
an interest in a matter that is shared in common with those engaged in or
associated with the grape growing industry generally or the wine industry
generally, or a substantial section of those engaged in or associated with the
grape growing industry or the wine industry.
Section 28—delete the section
Part
114—Amendment of Physiotherapy Practice
Act 2005
267—Amendment of
section 18—Conflict of interest under Public Sector (Honesty and
Accountability) Act
Section 18—delete "Public Sector Management Act 1995" and
substitute:
Public Sector (Honesty and Accountability) Act 1995
Part
115—Amendment of Plant Health Act
2009
Section 46—delete the section
269—Amendment of
section 49—Delegation
Section 49(1)—delete "holding or acting in a specified office or
position" and substitute:
performing particular duties or holding or acting in a particular
position
Part
116—Amendment of Podiatry Practice
Act 2005
270—Amendment of
section 18—Conflict of interest under Public Sector (Honesty and
Accountability) Act
Section 18—delete "Public Sector Management Act 1995" and
substitute:
Public Sector (Honesty and Accountability) Act 1995
Part
117—Amendment of Police (Complaints and
Disciplinary Proceedings) Act 1985
271—Amendment of
section 9—Staff of Authority
Section 9(2)(a)—delete "Public Sector Management
Act 1995" and substitute:
272—Amendment of
section 21A—Determination by Authority to resolve complaint
informally
Section 21A(2)(b)—delete "member of the police force" and
substitute:
designated officer
Part
118—Amendment of Primary Produce (Food
Safety Schemes) Act 2004
Section 37—delete the section
Part
119—Amendment of Prisoners (Interstate
Transfer) Act 1982
Section 4—delete the section
275—Amendment of
section 5—Interpretation
Section 5(1), definition of prison officer—delete the
definition and substitute:
prison officer means an officer or employee of the
administrative unit that is, under a Minister, responsible for the
administration of the Correctional Services Act 1982 employed in a
prison;
Part
120—Amendment of Private Parking Areas
Act 1986
Section 13—delete the section
Part
121—Amendment of Professional Standards
Act 2004
277—Repeal of
Schedule 2 clause 7
Schedule 2, clause 7—delete the clause
Part
122—Amendment of Protective Security
Act 2007
Section 31—delete the section
Part
123—Amendment of Psychological Practices
Act 1973
279—Amendment of
section 8—Composition of Board
Section 8(3) and (4)—delete subsections (3) and (4)
After section 10 insert:
10A—Conflict of interest under Public Sector
(Honesty and Accountability) Act
A member of the Board will not be taken to have a direct or indirect
interest in a matter for the purposes of the Public Sector (Honesty and
Accountability) Act 1995 by reason only of the fact that the member has
an interest in a matter that is shared in common with psychologists generally or
psychiatrists generally or a substantial section of psychologists or
psychiatrists.
281—Amendment of
section 11—Validity of acts of Board
Section 11(2)—delete subsection (2)
282—Amendment of
section 13—Registrar, officers and servants
Section 13(2)—delete subsection (2) and substitute:
(2) The Board may, with the approval of the Minister and under an
arrangement established by the Minister administering an administrative unit of
the Public Service, make use of the services or staff of that administrative
unit.
Part
124—Amendment of Public and Environmental
Health Act 1987
283—Amendment of
section 11—Validity of acts of Council
Section 11(2) and (3)—delete subsections (2) and (3)
Section 40—delete the section
Part
125—Amendment of Public Corporations
Act 1993
285—Substitution
of section 22
Section 22—delete the section and substitute:
22—Immunity for directors
(1) Subject to this Act, no civil liability attaches to a director of a
public corporation for an act or omission in the performance or discharge, or
purported performance or discharge, of the director's functions or
duties.
(2) An action that would, but for subsection (1), lie against the
director lies instead against the corporation.
(3) This section does not prejudice rights of action of the Crown or the
corporation in respect of an act or omission not in good faith.
286—Amendment of
Schedule—Provisions applicable to subsidiaries
Schedule, clause 11—delete clause 11 and substitute:
11—Immunity for directors of
subsidiaries
(1) Subject to this Act, no civil liability attaches to a director of a
subsidiary of a public corporation for an act or omission in the performance or
discharge, or purported performance or discharge, of the director's functions or
duties.
(2) An action that would, but for subclause (1), lie against the
director lies instead against the subsidiary.
(3) This clause does not prejudice rights of action of the Crown, the
parent corporation or the subsidiary in respect of an act or omission not in
good faith.
Part
126—Amendment of Public Finance and Audit
Act 1987
287—Amendment of
section 4—Interpretation
Section 4(1), definition of government
department—delete "established under, or continued in existence
by, the Government Management and Employment Act 1985" and
substitute:
of the Public Service
288—Amendment of
section 25—Assistance in carrying out Auditor-General's
function
(1) Section 25(1)—delete "pursuant to the Government Management
and Employment Act 1985" and substitute:
of the Public Service
(2) Section 25(2)—delete subsection (2) and substitute:
(2) The Auditor-General will have the powers and functions of a chief
executive in relation to the administrative unit established under subsection
(1).
Part
127—Amendment of Public Intoxication
Act 1984
Section 13—delete the section
Part
128—Amendment of Radiation Protection and
Control Act 1982
290—Substitution
of section 15
Section 15—delete the section and substitute:
15—Application of Public Sector (Honesty and
Accountability) Act
The Public Sector (Honesty and Accountability) Act 1995 applies to a
member of a sub-committee of the Committee as if the sub-committee were an
advisory body and the Minister responsible for the administration of this Act
were the relevant Minister.
Section 21—delete the section
Part
129—Amendment of Real Property
Act 1886
292—Amendment of
section 13—Officers for administration of this Act
Section 13(5)—delete subsection (5) and substitute:
(5) The Registrar-General, the deputies of the Registrar-General and the
other officers are to be Public Service employees.
293—Amendment of
section 14—Acting Registrar-General
Section 14(1)—delete "any person who is an officer within the meaning
of the Public Service Act 1967 " and substitute:
a Public Service employee
294—Amendment of
section 15—Acting Deputy Registrar-General
Section 15(1)—delete "any person who is an officer within the meaning
of the Public Service Act 1967" and substitute:
a Public Service employee
295—Amendment of
section 31—Application, how to be dealt with
Section 31—delete "upon by the solicitor of the department" and
substitute:
on by a legal practitioner
296—Amendment of
section 80C—Application how dealt with
Section 80C(1)—delete "the solicitor to his department" and
substitute:
a legal practitioner
297—Amendment of
section 148A—Entry in Register Book where rights of mortgagee barred by
Statute
Section 148A(1)—delete "the Solicitor of his Department" and
substitute:
a legal practitioner
Part
130—Amendment of Residential Parks
Act 2007
Section 135—delete the section
Part
131—Amendment of Residential Tenancies
Act 1995
Section 9—delete the section
Part
132—Amendment of Retail and Commercial
Leases Act 1995
Section 10—delete the section
301—Amendment of
section 73—Advisory Committee
Section 73—after subsection (3) insert:
(4) A member of the Committee will not be taken to have a direct or
indirect interest in a matter for the purposes of the Public Sector (Honesty
and Accountability) Act 1995 by reason only of the fact that the member
has an interest in a matter that is shared in common with lessors generally or
lessees generally, or a substantial section of lessors or lessees.
Part
133—Amendment of SACE Board of South
Australia Act 1983
302—Amendment of
section 11—Validity of acts of Board
Section 11(2) and (3)—delete subsections (2) and (3)
Section 13—delete the section
304—Amendment of
section 18—Staffing arrangements
Section 18—delete "Public Sector Management Act 1995"
wherever occurring and substitute in each case:
Part
134—Amendment of Solicitor-General
Act 1972
305—Amendment of
section 4—Appointment of Solicitor-General
Section 4(2) and (3)—delete subsections (2) and (3)
306—Amendment of
section 5—Terms and appointment of Solicitor-General
Section 5(4)—delete subsection (4)
Part
135—Amendment of South Australian Country
Arts Trust Act 1992
After section 7 insert:
8—Conflict of interest under Public Sector (Honesty
and Accountability) Act
A trustee will not be taken to have a direct or indirect interest in a
matter for the purposes of the Public Sector (Honesty and Accountability)
Act 1995 by reason only of the fact that the trustee has an interest in
a matter that is shared in common with those engaged in or associated with the
arts industry generally, or a substantial section of those engaged in or
associated with the arts industry.
308—Amendment of
section 13—Staffing arrangements
Section 13—delete "Public Sector Management Act 1995"
wherever occurring and substitute in each case:
Section 29—delete the section
Part
136—Amendment of South Australian Film
Corporation Act 1972
310—Amendment of
section 5—Establishment of Corporation
Section 5(11)—delete subsection (11)
311—Substitution
of sections 6A and 6B
Sections 6A and 6B—delete the sections and substitute:
6A—Conflict of interest under Public Sector
(Honesty and Accountability) Act
A member of the Corporation will not be taken to have a direct or indirect
interest in a matter for the purposes of the Public Sector (Honesty and
Accountability) Act 1995 by reason only of the fact that the member has
an interest in a matter that is shared in common with those engaged in or
associated with the film industry generally, or a substantial section of those
engaged in or associated with the film industry.
312—Amendment of
section 9A—Staffing arrangements
Section 9A—delete "Public Sector Management Act 1995"
wherever occurring and substitute in each case:
Part
137—Amendment of South Australian Forestry
Corporation Act 2000
313—Amendment of
section 15—Staff of Corporation
Section 15(3)—delete "Commissioner for Public Employment" and
substitute:
Commissioner for Public Sector Employment
Part
138—Amendment of South Australian Housing
Trust Act 1995
314—Amendment of
section 3—Interpretation
(1) Section 3(1), definition of domestic
partner—delete the definition
(2) Section 3(1), definitions of relative and relevant
interest—delete the definitions
(3) Section 3(1), definition of spouse—delete the
definition
(4) Section 3(2)—delete subsection (2)
315—Substitution
of sections 12 and 13
Sections 12 and 13—delete the sections and substitute:
12—Conflict of interest under Public Sector
(Honesty and Accountability) Act
(1) A member of the board will not be taken to have a direct or indirect
interest in a matter for the purposes of the Public Sector (Honesty and
Accountability) Act 1995 by reason only of the fact that the member has
an interest in a matter—
(a) arising because the member has shares in a public company that is
interested in a contract with SAHT, provided that the person's interest does not
amount to a substantial shareholding in the company; or
(b) arising because the member is a tenant of SAHT, or a party to a
contract for the purchase of a house from SAHT, provided that the matter under
consideration is of general application to all persons in that situation, or to
a substantial number of them; or
(c) that has been under consideration by the board on a previous occasion
or occasions and the board has resolved that there is no real or substantial
reason why the member should not be present in the circumstances of the
particular case.
(2) For the purposes of this section, a person has a substantial
shareholding in a public company if the person has a substantial shareholding in
the company for the purposes of Chapter 6 of the Corporations Act 2001 of
the Commonwealth.
(3) In this section—
public company means a public company as defined in section 9
of the Corporations Act 2001 of the Commonwealth.
316—Amendment of
section 14—Validity of acts
Section 14(2), (3) and (4)—delete subsections (2), (3) and
(4)
317—Amendment of
section 32B—Housing Appeals Panel
(1) Section 32B(8)—delete "Commissioner for Public Employment" and
substitute:
Commissioner for Public Sector Employment
(2) Section 32B(9) and (10)—delete subsections (9) and
(10)
Part
139—Amendment of South Australian Local
Government Grants Commission Act 1992
318—Amendment of
section 12—Validity of acts of Commission
Section 12(2) and (3)—delete subsections (2) and (3)
Part
140—Amendment of South Australian Motor
Sport Act 1984
Section 7—delete the section
320—Amendment of
section 9—Validity of acts of Board
Section 9(2) and (3)—delete subsections (2) and (3)
321—Amendment of
section 13—Chief Executive
Section 13(2) and (3)—delete subsections (2) and (3) and
substitute:
(2) The Governor may designate a Public Service employee as the Chief
Executive or, as the Governor thinks fit, appoint a person who is not a Public
Service employee to be the Chief Executive on terms and conditions determined by
the Governor.
322—Amendment of
section 14—Staffing arrangements
(1) Section 14(3)—delete ", subject to subsection (4), the Public
Sector Management Act 1995 will not apply to such a person" and
substitute:
not as a Public Service employee
(2) Section 14(4)—delete subsection (4)
(3) Section 14(14)—delete "Public Sector Management
Act 1995" and substitute:
Part
141—Amendment of South Australian
Multicultural and Ethnic Affairs Commission
Act 1980
323—Amendment of
section 10—Validity of acts of Commission
Section 10(2) and (3)—delete subsections (2) and (3)
324—Amendment of
section 16—Staff to assist Commission
Section 16(1)(b)—delete "Commissioner for Public Employment" and
substitute:
Commissioner for Public Sector Employment
Part
142—Amendment of South Australian Museum
Act 1976
325—Amendment of
section 9—Validity of acts of Board
Section 9(2)—delete subsection (2)
326—Substitution
of section 14
Section 14—delete the section and substitute:
14—Director and other staff
(1) There is to be a Director of the Museum.
(2) The Director is to be a Public Service employee.
(3) Other Public Service employees may be assigned to perform duties as
staff of the Museum.
Part
143—Amendment of South Australian Tourism
Commission Act 1993
327—Substitution
of sections 14 and 15
Sections 14 and 15—delete the sections and substitute:
14—Conflict of interest under Public Sector
(Honesty and Accountability) Act
A director will not be taken to have a direct or indirect interest in a
matter for the purposes of the Public Sector (Honesty and Accountability)
Act 1995 by reason only of the fact that the director has an interest
in a matter that is shared in common with those engaged in or associated with
the tourism industry generally, or a substantial section of those engaged in or
associated with the tourism industry.
Section 18—delete the section
329—Amendment of
section 18A—Staffing arrangements
Section 18A—delete "Public Sector Management Act 1995"
wherever occurring and substitute in each case:
Part
144—Amendment of South Eastern Water
Conservation and Drainage Act 1992
330—Substitution
of section 16
Section 16—delete the section and substitute:
16—Conflict of interest under Public Sector
(Honesty and Accountability) Act
A member of the Board will not be taken to have a direct or indirect
interest in a matter for the purposes of the Public Sector (Honesty and
Accountability) Act 1995 by reason only of the fact that the member has
an interest in a matter that is shared in common with those who are landholders
in a particular electoral zone, or a substantial section of those who are
landholders in a particular electoral zone.
331—Amendment of
section 29—Eight Mile Creek Water Conservation and Drainage Advisory
Committee
Section 29—after subsection (6) insert:
(7) A member of the Committee will not be taken to have a direct or
indirect interest in a matter for the purposes of the Public Sector (Honesty
and Accountability) Act 1995 by reason only of the fact that the member
has an interest in a matter that is shared in common with those who are
landholders within the Eight Mile Creek area generally, or a substantial section
of those who are landholders within the Eight Mile Creek area.
Section 58—delete the section
Part
145—Amendment of Stamp Duties
Act 1923
333—Amendment of
Schedule 2—Stamp duties and exemptions
Schedule 2, clause 2(4), exemption 8, (b)(i)—delete subparagraph (i)
and substitute:
(i) a State concession card of a prescribed class; or
Part
146—Amendment of State Lotteries
Act 1966
Section 10—delete the section
335—Amendment of
section 13—Powers and functions of Commission
Section 13(3)—delete subsection (3) and substitute:
(3) The Commission may, with the approval of the Minister, under an
arrangement established by the Minister administering an administrative unit of
the Public Service, make use of the services or staff of that administrative
unit.
Part
147—Amendment of State Opera of South
Australia Act 1976
336—Substitution
of section 16
Section 16—delete the section and substitute:
16—Conflict of interest under Public Sector
(Honesty and Accountability) Act
A Member will not be taken to have a direct or indirect interest in a
matter for the purposes of the Public Sector (Honesty and Accountability)
Act 1995 by reason only of the fact that the Member has an interest as
a subscriber or an interest in a matter that is shared in common with those
engaged in or associated with the arts industry generally, or a substantial
section of those engaged in or associated with the arts industry.
337—Amendment of
section 21—Staffing arrangements
Section 21—delete "Public Sector Management Act 1995"
wherever occurring and substitute in each case:
Section 27—delete the section
Part
148—Amendment of State Procurement
Act 2004
339—Amendment of
section 4—Interpretation
(1) Section 4, definition of administrative
unit—delete "under the Public Sector Management
Act 1995" and substitute:
of the Public Service
(2) Section 4, definition of responsible Minister,
(c)—delete "Public Sector Management Act 1995," and
substitute:
Section 16—delete the section
Section 24—delete the section
Part
149—Amendment of State Records
Act 1997
342—Amendment of
section 9—Establishment of Council
(1) Section 9(2)(d)—delete "Commissioner for Public Employment" and
substitute:
Commissioner for Public Sector Employment
(2) Section 9(2)(h)—delete "Department of State Aboriginal Affairs"
and substitute:
administrative unit of the Public Service that is, under a Minister,
responsible for the administration of the Aboriginal Heritage
Act 1988
Part
150—Amendment of State Theatre Company of
South Australia Act 1972
343—Substitution
of sections 15 and 16
Sections 15 and 16—delete the sections and substitute:
15—Governors may be Public Service
employees
A governor may, but need not, be a Public Service employee.
16—Conflict of interest under Public Sector
(Honesty and Accountability) Act
A governor will not be taken to have a direct or indirect interest in a
matter for the purposes of the Public Sector (Honesty and Accountability)
Act 1995 by reason only of the fact that the governor has an interest
as a subscriber or an interest in a matter that is shared in common with those
engaged in or associated with the arts industry generally, or a substantial
section of those engaged in or associated with the arts industry.
344—Amendment of
section 20—Staffing arrangements
Section 20—delete "Public Sector Management Act 1995"
wherever occurring and substitute in each case:
Section 30—delete the section
Part
151—Amendment of Summary Procedure
Act 1921
346—Amendment of
section 184—Application may be made to Court for transfer to training
centre
Section 184(1)(c)—delete "Chief Executive of the Department of Human
Services" and substitute:
chief executive of the administrative unit of the Public Service that is,
under a Minister, responsible for the administration of the Family and
Community Services Act 1972
Part
152—Amendment of Superannuation
Act 1988
347—Amendment of
section 4—Interpretation
Section 4(1), definition of employee, paragraph
(b)(i)—delete subparagraph (i) and substitute:
(i) employed in an administrative unit of the Public Service; or
Part
153—Amendment of Superannuation Funds
Management Corporation of South Australia Act 1995
348—Repeal of
sections 14 to 18
Sections 14 to 18 (inclusive)—delete the sections
Section 32—delete the section
Section 34—delete the section
Part
154—Amendment of Supported Residential
Facilities Act 1992
351—Substitution
of section 16
Section 16—delete the section and substitute:
16—Conflict of interest under Public Sector
(Honesty and Accountability) Act
A member of the Advisory Committee will not be taken to have a direct or
indirect interest in a matter for the purposes of the Public Sector (Honesty
and Accountability) Act 1995 by reason only of the fact that the member
has an interest in a matter that is shared in common with operators of supported
residential facilities generally or employees in supported residential
facilities generally, or a substantial section of such operators or
employees.
Part
155—Amendment of Survey
Act 1992
After section 9 insert:
9A—Conflict of interest under Public Sector
(Honesty and Accountability) Act
A member of the Survey Advisory Committee will not be taken to have a
direct or indirect interest in a matter for the purposes of the Public Sector
(Honesty and Accountability) Act 1995 by reason only of the fact that
the member has an interest in a matter that is shared in common with those
engaged in or associated with surveying generally, or a substantial section of
those engaged in or associated with surveying.
353—Amendment of
section 44—Investigations by Surveyor-General
Section 44(1)(a)—delete "any other section of the Department of
Lands" and substitute:
other public registry or office
Part
156—Amendment of Teachers Registration and
Standards Act 2004
354—Amendment of
section 12—Conflict of interest under Public Sector (Honesty and
Accountability) Act
Section 12—delete "Public Sector Management Act 1995" and
substitute:
Public Sector (Honesty and Accountability) Act 1995
Part
157—Amendment of Technical and Further
Education Act 1975
355—Amendment of
section 4—Interpretation
Section 4(1), definition of the Department—delete the
definition and substitute:
Department means the administrative unit of the Public
Service that is, under the Minister, responsible for the administration of this
Act;
356—Amendment of
section 13—Delegation by Chief Executive Officer
Section 13(1)(a)—delete "holding or acting in a position or office"
and substitute:
performing particular duties in the Department or holding or acting in a
position or office
Part
158—Amendment of Tobacco Products
Regulation Act 1997
Section 80—delete the section
Part
159—Amendment of Training and Skills
Development Act 2008
After section 13 insert:
13A—Conflict of interest under Public Sector
(Honesty and Accountability) Act
A member of the Commission will not be taken to have a direct or indirect
interest in a matter for the purposes of the Public Sector (Honesty and
Accountability) Act 1995 by reason only of the fact that the member has
an interest in a matter that is shared in common with employers generally or
employees generally, or a substantial section of employers or
employees.
359—Amendment of
section 15—Staff
Section 15(2)(a)(i)—delete "Public Sector Management
Act 1995" and substitute:
360—Amendment of
section 24—Staff
Section 24(2)(a)(i)—delete "Public Sector Management
Act 1995" and substitute:
Section 74—delete the section
Part
160—Amendment of Veterinary Practice
Act 2003
362—Substitution
of section 18
Section 18—delete the section and substitute:
18—Application of Public Sector (Honesty and
Accountability) Act
(1) The Public Sector (Honesty and Accountability) Act 1995 applies
to a member of a committee of the Board as if the committee were an advisory
body and the Minister responsible for the administration of this Act were the
relevant Minister.
(2) A member of the Board or a committee of the Board will not be taken to
have a direct or indirect interest in a matter for the purposes of the Public
Sector (Honesty and Accountability) Act 1995 by reason only of the fact
that the member has an interest in a matter that is shared in common with
veterinary surgeons generally, or a substantial section of veterinary
surgeons.
Section 75—delete the section
Part
161—Amendment of Water Efficiency
Labelling and Standards Act 2006
364—Amendment of
section 7—Definitions
Section 7, definition of agency, (b)(i)—delete "within
the meaning of the Public Sector Management Act 1995" and
substitute:
of the Public Service
365—Amendment of
section 22—Functions of Regulator
Section 22(g)(ii)—delete "within the meaning of the Public Sector
Management Act 1995 that deals with the matters to which this Act
relates" and substitute:
of the Public Service that is, under the Minister, responsible for the
administration of this Act
Part
162—Amendment of West Beach Recreation
Reserve Act 1987
Section 10—delete the section
367—Amendment of
section 12—Validity of acts of Trust
Section 12(2) and (3)—delete subsections (2) and (3)
Part
163—Amendment of Whistleblowers Protection
Act 1993
368—Amendment of
section 5—Immunity for appropriate disclosures of public interest
information
Section 5(4)(d)—delete "public employee—to the Commissioner for
Public Employment" and substitute:
public sector employee—to the Commissioner for Public Sector
Employment
Part
164—Amendment of Wilderness Protection
Act 1992
Section 21—delete the section
Part
165—Amendment of Witness Protection
Act 1996
Section 26—delete the section
Part
166—Amendment of WorkCover Corporation
Act 1994
371—Amendment of
section 6—Conditions of membership
Section 6(3)(e)—delete paragraph (e)
372—Repeal of
sections 8 and 9
Sections 8 and 9—delete the sections
373—Amendment of
section 10—Validity of acts
Section 10(2), (3) and (4)—delete subsections (2), (3) and
(4)
374—Amendment of
section 22—Other staff of Corporation
Section 22(3) to (6)—delete subsections (3) to (6) (inclusive) and
substitute:
(3) The Corporation may, under an arrangement established by the Minister
administering an administrative unit of the Public Service, make use of the
staff of that administrative unit.
Part
167—Amendment of Workers Rehabilitation
and Compensation Act 1986
375—Amendment of
section 9—Terms and conditions of office
(1) Section 9(3)(d)—delete paragraph (d)
(2) Section 9(5)—delete subsection (5)
376—Substitution
of section 13
Section 13—delete the section and substitute:
13—Conflict of interest under Public Sector
(Honesty and Accountability) Act
A member of the Advisory Committee will not be taken to have a direct or
indirect interest in a matter for the purposes of the Public Sector (Honesty
and Accountability) Act 1995 by reason only of the fact that the member
has an interest in a matter that is shared in common with employers generally or
employees generally, or a substantial section of employers or
employees.
377—Amendment of
section 64—Compensation Fund
Section 64(3a)—delete "Chief Executive Officer of the department of
the Minister to whom the administration of this Act is committed" and
substitute:
chief executive of the administrative unit that is, under the Minister,
responsible for the administration of this Act
378—Amendment of
section 81A—Conditions of appointment
Section 81A(3)(b)—delete "Public Sector Management
Act 1995" and substitute:
379—Amendment of
section 99I—Staff
Section 99I(2)(a)—delete "Public Sector Management
Act 1995" and substitute:
Section 99N—delete the section
Part
168—Amendment of Young Offenders
Act 1993
381—Amendment of
section 4—Interpretation
Section 4, definition of Department—delete the
definition and substitute:
Department means the administrative unit of the Public
Service that is, under a Minister, responsible for the administration of the
Family and Community Services Act 1972;
382—Amendment of
section 38—Training Centre Review Board
Section 38(6a) and (6b)—delete subsections (6a) and (6b)
Part
169—Amendment of Youth Court
Act 1993
383—Amendment of
section 3—Interpretation
Section 3, definition of Department—delete the
definition
384—Amendment of
section 24—Persons who may be present in Court
Section 24(1)(b)—delete "of the Department of Family and Community
Services" and substitute:
or employees of the administrative unit of the Public Service that is,
under a Minister, responsible for the administration of the Family and
Community Services Act 1972
Part
170—Amendment of Zero Waste SA
Act 2004
385—Amendment of
section 7—Powers of Zero Waste SA
Section 7(b)—delete the paragraph and substitute:
(b) may, under an arrangement established by the Minister administering an
administrative unit of the Public Service, make use of the services or staff of
that administrative unit.
386—Substitution
of section 13
Section 13—delete the section and substitute:
13—Application of Public Sector (Honesty and
Accountability) Act 1995
The Public Sector (Honesty and Accountability) Act 1995 applies to a
member of a committee or subcommittee of the Board as if the committee or
subcommittee were an advisory body and the Minister responsible for the
administration of this Act were the relevant Minister.
Section 20—delete the section