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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Professional Standards (Mutual Recognition) Amendment
Bill 2010
A BILL FOR
An Act to amend the Professional
Standards Act 2004.
Contents
Part 1—Preliminary
1Short title
2Amendment
provisions
Part 2—Amendment of Professional
Standards Act 2004
3Amendment of section
4—Interpretation
4Amendment of section 8—Preparation and
approval of schemes
5Amendment of section 9—Public notification
of schemes
6Amendment of section 11—Consideration of
comments, submissions and other matters
7Amendment of section
13—Submission of approved schemes for gazettal
8Amendment of section 14—Gazettal, tabling
and disallowance of schemes
9Amendment of section 15—Commencement
of schemes
10Amendment of section 16—Challenges to
schemes
11Amendment of section 17—Review of
schemes
12Amendment of section 18—Amendment and
revocation of schemes
13Insertion of sections 18A and
18B
18ANotification of
revocation of schemes
18BTermination of operation of interstate schemes in
this jurisdiction
14Amendment of section
34—Duration of scheme
15Functions of Council
16Insertion of section
46A
46ACooperation with
authorities in other jurisdictions
Schedule 1—Transitional
provision
1Expiry date of existing schemes
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Professional Standards (Mutual Recognition)
Amendment Act 2010.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Professional Standards
Act 2004
3—Amendment
of section 4—Interpretation
(1) Section 4(1)—before the definition of business
assets insert:
another jurisdiction means a State or Territory of the
Commonwealth, other than this jurisdiction;
appropriate council, in relation to another jurisdiction,
means the authority that, under the corresponding law of that jurisdiction, has
functions that are substantially the same as the Council's functions under this
Act;
(2) Section 4(1)—after the definition of business
assets insert:
corresponding law means a law of another jurisdiction that
corresponds to this Act, and includes a law of another jurisdiction that is
declared by the regulations to be a corresponding law of that jurisdiction for
the purposes of this Act;
(3) Section 4(1)—after the definition of function
insert:
interstate scheme means a scheme—
(a) that has been prepared under the corresponding law of another
jurisdiction; and
(b) that operates, or indicates an intention to operate, as a scheme of
this jurisdiction;
(4) Section 4(1), definition of scheme—after
"association" insert:
, and includes an interstate scheme
(5) Section 4(1)—after the definition of scheme
insert:
this jurisdiction means South Australia.
4—Amendment
of section 8—Preparation and approval of schemes
Section 8—after subsection (3) insert:
(4) A scheme prepared under this section may indicate an intention to
operate as a scheme of this jurisdiction only, or of both this jurisdiction and
another jurisdiction.
5—Amendment
of section 9—Public notification of schemes
Section 9—after its present contents (now to be designated as
subsection (1)) insert:
(2) If the scheme indicates an intention to operate as a scheme of both
this jurisdiction and another jurisdiction, the Council must also publish a
similar notice in the other jurisdiction in accordance with the requirements of
the corresponding law of that jurisdiction that relate to the approval of a
scheme prepared in that jurisdiction.
6—Amendment
of section 11—Consideration of comments, submissions and other
matters
Section 11—after its present contents (now to be designated as
subsection (1)) insert:
(2) If the scheme indicates an intention to operate as a scheme of both
this jurisdiction and another jurisdiction—
(a) the Council must
also consider any matter that the appropriate Council for the other jurisdiction
would have to consider under the provisions of the corresponding law of that
jurisdiction that relate to the approval of a scheme prepared in that
jurisdiction; and
(b) the matters to be considered by the Council (whether under subsection
(1) or
paragraph (a)) are
to be considered in the context of each of the jurisdictions
concerned.
7—Amendment
of section 13—Submission of approved schemes for
gazettal
Section 13—after its present contents (now to be designated as
subsection (1)) insert:
(2) If the scheme indicates an intention to operate as a scheme of both
this jurisdiction and another jurisdiction, the Council may also submit the
scheme to the Minister administering the corresponding law of the other
jurisdiction.
8—Amendment
of section 14—Gazettal, tabling and disallowance of
schemes
(1) Section 14(1)—after "by the Council" insert:
or, in the case of an interstate scheme, by the appropriate Council for the
jurisdiction in which the scheme was prepared
(2) Section 14—after subsection (3) insert:
(4) In this section,
a reference to an interstate scheme includes a reference to an
instrument amending an interstate scheme.
Note—
Subsection (4)
applies subsections (1), (2) and (3) to instruments that amend an interstate
scheme. Those subsections already apply, by virtue of section 18(5), to
instruments that amend a scheme that is not an interstate scheme.
9—Amendment
of section 15—Commencement of schemes
(1) Section 15(2)—delete "section 16(2)" and substitute:
section 16 and any order made by the Supreme Court of another jurisdiction
under the corresponding law of that jurisdiction
(2) Section 15—after subsection (2) insert:
(3) In this section, a reference to a scheme includes, in
the case of an interstate scheme, a reference to an instrument amending that
scheme.
10—Amendment
of section 16—Challenges to schemes
(1) Section 16(1)—after "section 14" insert:
(including a person who is or is reasonably likely to be affected by a
scheme that operates as a scheme of another jurisdiction)
(2) Section 16—after subsection (3) insert:
(4) The Court may not make an order that an interstate scheme is void for
want of compliance with this Act on the ground that the scheme fails to comply
with Division 2, but may do so on the ground that the scheme fails to comply
with the provisions of the corresponding law of the jurisdiction in which it was
prepared that relate to the contents of schemes prepared in that
jurisdiction.
(5) This section does not prevent a scheme from being challenged or called
into question otherwise than under this section.
(6) In this section, a reference to a scheme includes, in
the case of an interstate scheme, a reference to an instrument amending that
scheme.
11—Amendment
of section 17—Review of schemes
Delete subsection (3) and substitute:
(3) A review may, but need not, be conducted in order to
decide—
(a) in the case of a scheme prepared under this Act—whether the
scheme should be amended or revoked or whether a new scheme should be made;
or
(b) in the case of an interstate scheme—whether the operation of the
scheme should be terminated in relation to this jurisdiction.
12—Amendment
of section 18—Amendment and revocation of schemes
(1) Section 18(1)—delete "an amendment to, or revocation of," and
substitute:
an instrument amending or revoking
(2) Section 18(2)—delete "an amendment to, or revocation of," and
substitute:
an instrument amending or revoking
(3) Section 18(3)—delete "an amendment to, or revocation of," and
substitute:
an instrument amending or revoking
(4) Section 18(4)—delete "an amendment to, or revocation of," and
substitute:
an instrument amending or revoking
(5) Section 18—delete subsection (5) and substitute:
(5) The provisions of sections 8 to 16 extend, with any necessary
modifications, to the amendment of a scheme by an instrument under this
section.
(6) The provisions of sections 8 to 15 (other than section 13(2)) extend,
with any necessary modifications, to the revocation of a scheme by an instrument
under this section.
(7) This section does not apply to an interstate scheme.
Note—
An instrument that amends a scheme operating in another jurisdiction may be
submitted to the Minister administering the corresponding law of that
jurisdiction under section 13 with a view to its being published under that law.
An instrument made under that corresponding law of another jurisdiction that
amends an interstate scheme may be submitted to the Minister administering this
Act with a view to its being published under section 14.
13—Insertion
of sections 18A and 18B
After section 18 insert:
18A—Notification of revocation of
schemes
(1) On publication in the Gazette of an instrument revoking a scheme
(other than an interstate scheme) that operates as a scheme of another
jurisdiction, the Minister must cause notice of that fact to be given to the
Minister administering the corresponding law of that jurisdiction.
(2) On receipt of notice that an interstate scheme has been revoked under
the corresponding law of the jurisdiction in which it was prepared, the Minister
must cause a statement to that effect to be published in the Gazette.
Note—
Under section 34(1a), an interstate scheme will cease to have effect in
this jurisdiction when it ceases to have effect in the other
jurisdiction.
18B—Termination of operation of interstate schemes
in this jurisdiction
(1) The Council may, on the application of an occupational association,
prepare an instrument terminating, in relation to this jurisdiction, the
operation of an interstate scheme that relates to members of the
association.
(2) The Minister may direct the Council to prepare an instrument
terminating the operation of an interstate scheme in relation to this
jurisdiction.
(3) The Council must comply with any such direction but may, on its own
initiative at any time while an interstate scheme remains in force, prepare an
instrument terminating the operation of the scheme in relation to this
jurisdiction.
(4) The provisions of
sections 9 to 14 (other than section 13(2)) extend, with any necessary
modifications, to the termination of the operation of an interstate scheme under
an instrument under this section.
(5) The operation of an interstate scheme in respect of which an
instrument under this section is published under section 14 (as applied by
subsection (4)) is
terminated, in relation to this jurisdiction, as from—
(a) such day subsequent to the date of its publication as may be specified
in the instrument; or
(b) if no such day is specified—2 months after the date of its
publication.
14—Amendment
of section 34—Duration of scheme
Section 34—delete subsection (1) and substitute:
(1) A scheme must
specify the period (not exceeding 5 years) for which it is to remain in force
after its commencement.
(1a) Subject to subsection (2)—
(a) a scheme that is an interstate scheme remains in force in this
jurisdiction until—
(i) the period specified under
subsection (1)
ends; or
(ii) the scheme's operation in relation to this jurisdiction is terminated
under section 18B; or
(iii) the scheme ceases to have effect in the jurisdiction in which it was
prepared; or
(iv) the scheme is disallowed under section 10 of the Subordinate
Legislation Act 1978; and
(b) any other scheme remains in force until—
(i) the period specified under
subsection (1)
ends; or
(ii) the scheme is revoked; or
(iii) the scheme's operation ceases because of the operation of another
Act; or
(iv) the scheme is declared void, either by an order made by the Supreme
Court under section 16 or by an order made by the Supreme Court of another
jurisdiction under the corresponding law of that jurisdiction; or
(v) the scheme is disallowed under section 10 of the Subordinate
Legislation Act 1978.
(1) Section 46 (1)(a)(i)—delete "by it"
(2) Section 46(4)—after "Act" insert:
or law
After section 46 insert:
46A—Cooperation with authorities in other
jurisdictions
For the purpose of dealing with a scheme that operates, or indicates an
intention to operate, as a scheme of both this jurisdiction and another
jurisdiction, the Council—
(a) may, in the exercise of its functions under this Act, act in
conjunction with the appropriate Council for the other jurisdiction;
and
(b) may act in conjunction with the appropriate Council for the other
jurisdiction in the exercise of the Council's functions under the corresponding
law of that jurisdiction.
Schedule 1—Transitional
provision
1—Expiry
date of existing schemes
The period determined by the Council as the period for which a scheme is to
remain in force for the purposes of section 34(1) of the Professional
Standards Act 2004 as in force immediately before the commencement
of
section 14 of this
Act, will be taken to be the period specified in the scheme as the period for
which the scheme is to remain in force after its commencement.