South Australian Current Acts

HISTORY TRUST OF SOUTH AUSTRALIA ACT 1981 - NOTES

Legislative history

Notes

• Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.

• Earlier versions of this Act (historical versions) are listed at the end of the legislative history.

• For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.

Legislation repealed by principal Act

The History Trust of South Australia Act 1981 repealed the following:

Constitutional Museum Act 1978

Principal Act and amendments

New entries appear in bold.

Year	No	Title	Assent	Commencement
1981	36	History Trust of South Australia Act 1981	19.3.1981	26.3.1981 (Gazette 26.3.1981 p796)
1995	61	History Trust of South Australia (Leasing of Property) Amendment Act 1995	10.8.1995	10.8.1995
1999	33	Financial Sector Reform (South Australia) Act 1999	17.6.1999	Sch (item 27)—1.7.1999 being the date specified under s 3(16) of the Financial Sector Reform (Amendments and Transitional Provisions) Act (No. 1) 1999 as the transfer date for the purposes of that Act: s 2(2)
2000	47	History Trust of South Australia (Old Parliament House) Amendment Act 2000	13.7.2000	14.9.2000 (Gazette 7.9.2000 p1637)
2005	39	Heritage (Heritage Directions) Amendment Act 2005	14.7.2005	Sch 1 (cl 9)—17.11.2005 (Gazette 17.11.2005 p3972)
2006	41	Statutes Amendment (Public Sector Employment) Act 2006	14.12.2006	Pt 13 (ss 59 & 60)—1.4.2007 (Gazette 29.3.2007 p930)
2009	84	Statutes Amendment (Public Sector Consequential Amendments) Act 2009	10.12.2009	Pt 78 (ss 186—188)—1.2.2010 (Gazette 28.1.2010 p320)
2010	19	Statutes Amendment (Arts Agencies Governance and Other Matters) Act 2010	28.10.2010	Pt 6 (ss 40—47) & Sch 1 (Pt 9 cll 6 & 17)—12.5.2011 (Gazette 12.5.2011 p1460)
2023	23	Statutes Amendment (Education, Training and Skills Portfolio) Act 2023	13.7.2023	Pt 4 (s 6)—1.9.2023 (Gazette 31.8.2023 p3131)

Provisions amended

New entries appear in bold.

Entries that relate to provisions that have been deleted appear in italics.

Provision	How varied	Commencement
Long title	amended by 47/2000 s 3	14.9.2000
Pt 1
s 2	omitted under Legislation Revision and Publication Act 2002	17.11.2005
	inserted by 19/2010 s 40	12.5.2011
s 2(1)
premises of the Trust	amended by 23/2023 s 6	1.9.2023
s 3	deleted by 47/2000 s 4	14.9.2000
s 3	s 6 amended and redesignated as s 3 by 19/2010 s 41(1), (2)	12.5.2011
s 4 before deletion by 19/2010
s 4(1)	s 4 redesignated as s 4(1) by 41/2006 s 59(2)	1.4.2007
employing authority	inserted by 41/2006 s 59(1)	1.4.2007
the constitutional museum	deleted by 47/2000 s 5	14.9.2000
s 4(2)	inserted by 41/2006 s 59(2)	1.4.2007
s 4	deleted by 19/2010 s 40	12.5.2011
s 5	deleted by 47/2000 s 6	14.9.2000
s 6—see s 3
Pt 2
heading	substituted by 19/2010 s 42	12.5.2011
Pt 2 Div 1 before substitution by 19/2010
s 10	deleted by 84/2009 s 186	1.2.2010
s 13
s 13(2)	deleted by 84/2009 s 187	1.2.2010
Pt 2 Div 1	substituted by 19/2010 s 43	12.5.2011
Pt 2 Div 2 before substitution by 19/2010
s 14
s 14(1)	amended by 39/2005 Sch 1 cl 9	17.11.2005
Pt 2 Div 2	substituted by 19/2010 s 43	12.5.2011
Pt 2 Div 2A	inserted by 19/2010 s 43	12.5.2011
Pt 2 Div 2B	inserted by 19/2010 s 43	12.5.2011
Pt 2 Div 3 before substitution by 19/2010	heading amended by 47/2000 s 7	14.9.2000
s 15
s 15(1)	deleted by 47/2000 s 8(a)	14.9.2000
s 15(4)	inserted by 61/1995 s 2	10.8.1995
	deleted by 47/2000 s 8(b)	14.9.2000
Pt 2 Div 3	substituted by 19/2010 s 43	12.5.2011
Pt 2 Div 4
heading	substituted by 19/2010 s 44	12.5.2011
s 15	s 16 substituted by 41/2006 s 60	1.4.2007
	s 16 redesignated as s 15 by 19/2010 s 45	12.5.2011
s 15(3)	s 16(3) amended by 84/2009 s 188	1.2.2010
s 15(13)
public sector agency	amended by 84/2009 s 188	1.2.2010
s 16—see s 15
Pt 2 Div 5 before substitution by 19/2010
s 17
s 17(1)	amended by 33/1999 Sch (item 27(a))	1.7.1999
s 17(2)	amended by 33/1999 Sch (item 27(b))	1.7.1999
Pt 2 Div 5	substituted by 19/2010 s 46	12.5.2011
Pt 3	substituted by 19/2010 s 47	12.5.2011
Pt 4	inserted by 19/2010 s 47	12.5.2011
Pt 5	inserted by 19/2010 s 47	12.5.2011

Transitional etc provisions associated with Act or amendments

History Trust of South Australia (Old Parliament House) Amendment Act 2000

9—Transitional provision

(1) The Governor may, by proclamation, vest any rights or liabilities of the History Trust of South Australia relating to the premises known as Old Parliament House (or relating to the land appurtenant to those premises) in—

(a) a Minister; or

(b) with the concurrence of the Joint Parliamentary Service Committee—the Joint Parliamentary Service Committee,

(and any such vesting will operate by force of this section and despite the provisions of any other law or instrument).

(2) A proclamation under subsection (1) may make other provisions that in the opinion of the Governor are necessary or expedient in connection with the vesting of rights or liabilities.

Statutes Amendment (Public Sector Employment) Act 2006, Sch 1—Transitional provisions

Note—

Also see Statutes Amendment (Public Sector Employment) (Transitional Provisions) Regulations 2007.

1—Interpretation

In this Part, unless the contrary intention appears—

Commonwealth Act means the Workplace Relations Act 1996 of the Commonwealth;

employing authority means—

(a) subject to paragraph (b)—the person who is the employing authority under a relevant Act;

(b) in a case that relates to employment under the Fire and Emergency Services Act 2005—the Chief Executive of the South Australian Fire and Emergency Services Commission, or the Chief Officer of an emergency services organisation under that Act, as the case requires;

Industrial Commission means the Industrial Relations Commission of South Australia;

prescribed body means—

(a) the Aboriginal Lands Trust;

(b) the Adelaide Cemeteries Authority;

(c) the Adelaide Festival Centre Trust;

(d) the Adelaide Festival Corporation;

(e) SA Ambulance Service Inc;

(f) the Minister to whom the administration of the Children's Services Act 1985 is committed;

(g) the Minister to whom the administration of the Education Act 1972 is committed;

(h) the Electricity Supply Industry Planning Council;

(i) a body constituted under the Fire and Emergency Services Act 2005;

(j) the History Trust of South Australia;

(k) the Institute of Medical and Veterinary Science;

(l) a regional NRM board constituted under the Natural Resources Management Act 2004;

(m) the Senior Secondary Assessment Board of South Australia;

(n) the South Australian Country Arts Trust;

(o) the South Australian Film Corporation;

(p) the South Australian Health Commission;

(q) an incorporated hospital under the South Australian Health Commission Act 1976;

(r) an incorporated health centre under the South Australian Health Commission Act 1976;

(s) the South Australian Motor Sport Board;

(t) the South Australian Tourism Commission;

(u) The State Opera of South Australia;

(v) the State Theatre Company of South Australia;

(w) the Minister to whom the administration of the Technical and Further Education Act 1975 is committed;

relevant Act means—

(a) in a case that relates to employment with a prescribed body established under an Act being amended by this Act—that Act;

(b) in a case that relates to employment with a prescribed body who is a Minister to whom the administration of an Act being amended by this Act is committed—that Act;

(c) in a case that relates to employment with a body constituted under the Fire and Emergency Services Act 2005—that Act.

2—Transfer of employment

(1) Subject to this clause, a person who, immediately before the commencement of this clause, was employed by a prescribed body under a relevant Act will, on that commencement, be taken to be employed by the employing authority under that Act (as amended by this Act).

(2) The following persons will, on the commencement of this clause, be taken to be employed as follows:

(a) a person who, immediately before the commencement of this clause, was employed under section 6L(1) of the Electricity Act 1996 will, on that commencement, be taken to be employed by the employing authority under that Act (as amended by this Act);

(b) a person who, immediately before the commencement of this clause, was employed by the South Australian Fire and Emergency Services Commission will, on that commencement, be taken to be employed by the Chief Executive of that body;

(c) a person who, immediately before the commencement of this clause, was employed by an emergency services organisation under the Fire and Emergency Services Act 2005 will, on that commencement, be taken to be employed by the Chief Officer of that body;

(d) a person who, immediately before the commencement of this clause, was employed by an incorporated hospital or an incorporated health centre under the South Australian Health Commission Act 1976 will, on that commencement, be taken to be employed by an employing authority under that Act (as amended by this Act) designated by the Governor by proclamation made for the purposes of this paragraph.

(3) Subject to this clause, the Governor may, by proclamation, provide that a person employed by a subsidiary of a public corporation under the Public Corporations Act 1993 will be taken to be employed by a person or body designated by the Governor (and the arrangement so envisaged by the proclamation will then have effect in accordance with its terms).

(4) Subject to subclause (5), an employment arrangement effected by subclause (1), (2) or (3)—

(a) will be taken to provide for continuity of employment without termination of the relevant employee's service; and

(b) will not affect—

(i) existing conditions of employment or existing or accrued rights to leave; or

(ii) a process commenced for variation of those conditions or rights.

(5) If, immediately before the commencement of this clause, a person's employment within the ambit of subclause (1), (2) or (3) was subject to the operation of an award or certified agreement (but not an Australian Workplace Agreement) under the Commonwealth Act, then, on that commencement, an award or enterprise agreement (as the case requires) will be taken to be created under the Fair Work Act 1994—

(a) with the same terms and provisions as the relevant industrial instrument under the Commonwealth Act; and

(b) with any terms or provisions that existed under an award or enterprise agreement under the Fair Work Act 1994, that applied in relation to employment of the kind engaged in by the person, immediately before 27 March 2006, and that ceased to apply by virtue of the operation of provisions of the Commonwealth Act that came into force on that day,

subject to any modification or exclusion prescribed by regulations made for the purposes of this subclause and subject to the operation of subclause (6).

(6) Where an award or enterprise agreement is created by virtue of the operation of subclause (5)—

(a) the award or enterprise agreement will be taken to be made or approved (as the case requires) under the Fair Work Act 1994 on the day on which this clause commences; and

(b) the Fair Work Act 1994 will apply in relation to the award or enterprise agreement subject to such modifications or exclusions as may be prescribed by regulations made for the purposes of this subclause; and

(c) the Industrial Commission may, on application by the Minister to whom the administration of the Fair Work Act 1994 is committed, or an application by a person or body recognised by regulations made for the purposes of this subclause, vary or revoke any term or provision of the award or enterprise agreement if the Industrial Commission is satisfied that it is fair and reasonable to do so in the circumstances.

3—Superannuation

(1) If a prescribed body under a relevant Act is, immediately before the commencement of this clause, a party to an arrangement relating to the superannuation of one or more persons employed by the prescribed body, then the relevant employing authority under that Act will, on that commencement, become a party to that arrangement in substitution for the prescribed body.

(2) Nothing that takes effect under subclause (1)—

(a) constitutes a breach of, or default under, an Act or other law, or constitutes a breach of, or default under, a contract, agreement, understanding or undertaking; or

(b) terminates an agreement or obligation or fulfils any condition that allows a person to terminate an agreement or obligation, or gives rise to any other right or remedy,

and subclause (1) may have effect despite any other Act or law.

(3) An amendment effected to another Act by this Act does not affect a person's status as a contributor under the Superannuation Act 1988 (as it may exist immediately before the commencement of this Act).

4—Interpretative provision

(1) The Governor may, by proclamation, direct that a reference in any instrument (including a statutory instrument) or a contract, agreement or other document to a prescribed body, or other specified agency, instrumentality or body, will have effect as if it were a reference to an employing authority under a relevant Act, the Minister to whom the administration of a relevant Act is committed, or some other person or body designated by the Governor.

(2) A proclamation under subclause (1) may effect a transfer of functions or powers.

5—Related matters

(1) A notice in force under section 51 of the Children's Services Act 1985 immediately before the commencement of this clause will continue to have effect for the purposes of that section, as amended by this Act.

(2) A notice in force under section 28 of the Institute of Medical and Veterinary Science Act 1982 immediately before the commencement of this clause will continue to have effect for the purposes of that section, as amended by this Act.

(3) A notice in force under section 61 of the South Australian Health Commission Act 1976 immediately before the commencement of this clause will continue to have effect for the purposes of that section, as amended by this Act.

(4) A notice in force under section 13(6) of the South Australian Motor Sport Act 1984 immediately before the commencement of this clause will continue to have effect after that commencement but may, pursuant to this subclause, be varied from time to time, or revoked, by the Minister to whom the administration of that Act is committed.

(5) The fact that a person becomes an employer in his or her capacity as an employing authority under an Act amended by this Act does not affect the status of any body or person as an employer of public employees for the purposes of the Fair Work Act 1994 (unless or until relevant regulations are made under the provisions of that Act).

6—Other provisions

(1) The Governor may, by regulation, make additional provisions of a saving or transitional nature consequent on the enactment of this Act.

(2) A provision of a regulation made under subclause (1) may, if the regulation so provides, take effect from the commencement of this Act or from a later day.

(3) To the extent to which a provision takes effect under subclause (2) from a day earlier than the day of the regulation's publication in the Gazette, the provision does not operate to the disadvantage of a person by—

(a) decreasing the person's rights; or

(b) imposing liabilities on the person.

(4) The Acts Interpretation Act 1915 will, except to the extent of any inconsistency with the provisions of this Schedule (or regulations made under this Schedule), apply to any amendment or repeal effected by this Act.

Statutes Amendment (Arts Agencies Governance and Other Matters) Act 2010, Sch 1 Pt 9—Transitional provisions

6—Membership of History Trust of South Australia

(1) In this clause—

principal Act means the History Trust of South Australia Act 1981.

(2) A member of the History Trust of South Australia (within the meaning of the principal Act) holding office immediately before the commencement of this clause, will, on that commencement, continue in office—

(a) for the balance of that term of office; and

(b) on such other conditions as if the principal Act as amended by Part 6 of this Act had been in force when he or she was appointed or last re-appointed a member of the Trust and that appointment had been made under the principal Act as so amended.

(3) A member continues in office by virtue of subclause (2) despite the fact that, for some or all of the duration of the balance of that term of office, 1 or more provisions of section 5 of the principal Act as amended by Part 6 of this Act (relating to the composition of the Trust) may not be complied with and, in that case, those provisions will not apply for that duration.

17—Authorised officers under History Trust of South Australia Regulations 2010

A person appointed and holding office as an authorised officer under the History Trust of South Australia Regulations 2010 immediately before the commencement of this Division will be taken to be an authorised officer appointed under Part 3 of the History Trust of South Australia Act 1981 as inserted by Part 6 of this Act and subject to the same conditions and limitations (if any).

Historical versions

Reprint No 1—10.8.1995
Reprint No 2—1.7.1999
Reprint No 3—14.9.2000
17.11.2005
1.4.2007
1.2.2010
12.5.2011