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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Occupational Licensing National Law (South Australia)
Bill 2010
A BILL FOR
An Act to make provision for a national law to regulate the licensing of
certain occupations; and for other purposes.
Contents
Part 1—Preliminary
1Short
title
2Commencement
3Definitions
Part 2—Adoption of National
Law
4Adoption of Occupational
Licensing National Law
5Exclusion of legislation of this
jurisdiction
6Relevant tribunal or court
7Corresponding prior Acts
8Disciplinary proceedings before
court
Part 3—Miscellaneous
9Penalty
at end of provision
10Parliamentary scrutiny of national
regulations
11Regulations—saving and transitional
provisions
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Occupational Licensing National Law (South
Australia) Act 2010.
(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 or to a
provision of this Act.
(1) In this Act—
District Court means the Administrative and Disciplinary
Division of the District Court;
Occupational Licensing National Law (South Australia) means
the provisions applying in this jurisdiction because of
section 4.
(2) Terms used in this Act and also in the Occupational Licensing
National Law set out in the Schedule to the Occupational Licensing
National Law Act 2010 of Victoria have the same meanings in this Act as they
have in that Law.
Part 2—Adoption
of National Law
4—Adoption
of Occupational Licensing National Law
The Occupational Licensing National Law, as in force from time to
time, set out in the Schedule to the Occupational Licensing National Law Act
2010 of Victoria—
(a) applies as a law of this jurisdiction; and
(b) as so applying may be referred to as the Occupational
Licensing National Law (South Australia); and
(c) so applies as if it were a part of this Act.
5—Exclusion
of legislation of this jurisdiction
The following Acts of this jurisdiction do not apply to the Occupational
Licensing National Law (South Australia) or to instruments made under
that Law:
(a) the Acts
Interpretation Act 1915;
(b) the Freedom
of Information Act 1991, other than to the extent that functions
are being exercised under the Law by a State entity;
(c) the Ombudsman
Act 1972, other than to the extent that functions are being
exercised under the Law by a State entity;
(d) the Public
Finance and Audit Act 1987;
(e) the Public
Sector Act 2009;
(f) the Public
Sector (Honesty and Accountability) Act 1995, other than to the
extent that functions are being exercised under the Law by a State
entity;
(g) the Subordinate
Legislation Act 1978.
For the purposes of the definition of relevant tribunal or
court in section 4 of the
Occupational
Licensing National Law (South Australia)—
(a) the District Court and the Magistrates Court of South Australia are
both declared to be a relevant court for this jurisdiction for the purposes of
section 13 of that Law; and
(b) the District Court is declared to be the relevant court for this
jurisdiction for the purposes of sections 58, 59, 60, 93 and 94 of that
Law.
(1) For the purposes of section 21 of the Occupational
Licensing National Law (South Australia), the District Court is declared
to be a corresponding disciplinary body.
(2) For the purposes of section 21 of the Occupational
Licensing National Law (South Australia), the following are declared to
be corresponding prior Acts:
(a) the Building
Work Contractors Act 1995;
(b) the Land
Agents Act 1994;
(c) the Plumbers,
Gas Fitters and Electricians Act 1995.
8—Disciplinary
proceedings before court
Part 3 Division 5 of the Occupational
Licensing National Law (South Australia) applies to licensees carrying
out a licensed occupation under that Law.
In the Occupational Licensing National Law, a penalty specified at
the end of a provision indicates that a contravention of the provision
constitutes an offence punishable on conviction by a penalty not more than the
specified penalty.
10—Parliamentary
scrutiny of national regulations
(1) This section applies despite section 5(g).
(2) In connection with the operation of section 164 of the
Occupational Licensing National Law (South Australia), the Minister must,
after a regulation made under that Law is tabled in each House of Parliament,
forward a copy of the regulation to the Legislative Review Committee of the
Parliament for inquiry and report as if the regulation had been made under an
Act of South Australia.
11—Regulations—saving
and transitional provisions
(1) The Governor may,
by regulation, make provisions of a saving or transitional nature consequent
on—
(a) the commencement of the operation of the Occupational
Licensing National Law (South Australia); or
(b) the change from the operation of a law of this jurisdiction relating
to the licensing of persons carrying out licensed occupations to the operation
of the Occupational
Licensing National Law (South Australia).
(2) A provision of a regulation made under
subsection (1) may,
if the regulation so provides, have retrospective operation to a day that is not
earlier than the participation day for this jurisdiction.