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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Statutes Amendment (Budget 2010)
Bill 2010
A BILL FOR
An Act to amend the Education
Act 1972, the Environment
Protection Act 1993, the First
Home Owner Grant Act 2000, the Motor
Vehicles Act 1959, the Passenger
Transport Act 1994, the Payroll
Tax Act 2009, the Petroleum
Products Regulation Act 1995, the Private
Parking Areas Act 1986, the Public
Sector Act 2009, the Radiation
Protection and Control Act 1982, the Road
Traffic Act 1961 and the Technical
and Further Education Act 1975.
Contents
Part 1—Preliminary
1Short
title
2Commencement
3Amendment provisions
Part 2—Amendment
of Education Act 1972
4Amendment of section 19—Long service
leave
5Transitional
provision
Part 3—Amendment of Environment
Protection Act 1993
6Amendment of section 11—Establishment of
Authority
7Insertion of Part 6A
Part 6A—Sustainability licence
endorsements
57ARequirement
for endorsement of licence
57BApplications for
endorsements
57CEndorsement of
licences
57DTerm and
renewal of endorsements
57EAnnual fees and
returns
57FTransfer
of endorsements
57GSuspension or revocation of
endorsements
8Amendment of section 106—Appeals to
Court
9Amendment of section 109—Public
register
10Transitional provision
Part 4—Amendment
of First Home Owner Grant Act 2000
11Amendment of section
3—Definitions
12Amendment to section
7—Entitlement to grant
13Amendment of section 13A—Special
eligible transactions
14Amendment of section 18B—Bonus grant for
transactions before 17 September 2010
15Insertion of sections 18BA and
18BB
18BABonus grant for
transactions on or after
17 September 2010
18BBMarket value of homes
16Amendment of
section 18C—Amount of grant must not exceed consideration
17Transitional
provisions
Part 5—Amendment of Motor Vehicles
Act 1959
18Amendment of section 9—Duty to
register
19Amendment of section 16—Permits to
drive vehicles without registration
20Amendment of section 24—Duty to
grant registration
21Amendment of heading
22Amendment
of section 48—Registration label
23Amendment of
section 50—Permit to drive pending receipt of registration
label
24Amendment of section 52—Return or
destruction of registration labels
25Amendment of section 56—Duty of
transferor on transfer of vehicle
26Amendment of section 57—Duty of
transferee on transfer of vehicle
27Amendment of section 58—Transfer of
registration
28Amendment of heading
29Amendment of
section 71A—Property in plates, labels and documents
30Substitution
of section 71B
71BReplacement of plates, documents and labels
31Amendment of section 102—Duty to
insure against third party risks
32Repeal of section 103
33Amendment of
section 116—Claim against nominal defendant where vehicle
uninsured
34Amendment of section 124—Duty to
co-operate with insurer
35Amendment of section 131—Insurance
by visiting motorists
36Amendment of
section 142—Facilitation of proof
37Amendment of
section 145—Regulations
38Insertion of Schedule
1
Schedule 1—Evidence obtained by
photographic detection device
1Interpretation
2Certain offences
subsumed
3Notice
about photographic evidence
4Evidentiary
39Transitional
provisions
Part 6—Amendment of Passenger
Transport Act 1994
40Amendment of
section 63—Registration of prescribed passenger
vehicles
Part 7—Amendment
of Payroll Tax Act 2009
41Amendment of Schedule 2—South Australia
Specific Provisions
10AApprentices and trainees
42Transitional
provision
Part 8—Amendment
of Petroleum Products Regulation Act 1995
43Amendment of section
4—Interpretation
44Repeal of section 4B
45Repeal of section
5
46Amendment of section 8—Requirement for
licence
47Amendment of section 11—Conditions of
licence
48Repeal of Part
2A
49Amendment of section 44—Powers of
authorised officers
50Amendment of section
47—Appeals
51Amendment of section
50—Register
52Amendment of section 53—Records to be
kept
53Amendment of section
53A—Falsely claiming to hold licence or permit etc
54Amendment of section
56—Confidentiality
55Amendment of section
62—Evidence
56Transitional provision
Part 9—Amendment of Private Parking
Areas Act 1986
57Amendment of
section 8—Offences—driver and owner to be guilty
Part 10—Amendment
of Public Sector Act 2009
58Amendment of section 51—Hours of duty
and leave
59Insertion of
section 73A
73AAdditional provision relating to recreation leave
for public sector employees
60Amendment of Schedule
1—Leave and working arrangements
61Insertion of Schedule 1A
Schedule 1A—Additional provision
relating to recreation leave
1Application of
Schedule
2Leave
loading allowances for recreation leave
62Transitional
provision
Part 11—Amendment of Radiation
Protection and Control Act 1982
63Amendment of section
5—Interpretation
64Insertion of section
23A
23ALicence to test for
developmental purposes
65Amendment of section 24—Licence to
carry out mining or mineral processing
66Amendment of section 26—Limits of
exposure to ionising radiation for mining or mineral processing operations not
to be more stringent than limits fixed under certain codes etc
67Amendment of
section 28—Licence to use or handle radioactive substances
68Amendment of
section 29—Registration of premises in which unsealed radioactive
substances are handled or kept
69Insertion of section
29A
29AFacilities
licence
70Amendment of section 30—Registration of
sealed radioactive source
71Amendment of section 31—Licences to
operate radiation apparatus
72Amendment of section 32—Registration of
radiation apparatus
73Insertion of Part 3 Divisions 3A
and 3B
Division 3A—Licence to possess a
radiation source
33ALicence
to possess a radiation source
Division 3B—Accreditation of third
party service providers
33BAccreditation
process
33CAuthority
conferred by accreditation
33DReliance on professional
advice
33EAccreditation
fees
33FOffences
74Heading to Part 3 Division
4
Division 4—General provisions with
respect to accreditations and authorities
75Amendment of section 34—Minister
may require information to determine applications
76Amendment of section
36—Conditions of accreditations and authorities
77Amendment of section
37—Term of accreditations and authorities and their renewal
78Amendment of
section 38—Register
79Amendment of section 40—Surrender,
suspension and cancellation of accreditations and authorities
80Amendment of
section 41—Review of decisions relating to accreditations and
authorities
81Amendment of section
43—Regulations
82Amendment of section 49—Evidentiary
provisions
83Amendment of section 50—Service of
documents
Part 12—Amendment of Road Traffic
Act 1961
84Amendment of section 79B—Provisions
applying where certain offences are detected by photographic detection
devices
85Amendment of section 176—Regulations
and rules
Part 13—Amendment
of Technical and Further Education Act 1975
86Amendment of
section 19—Long service leave
87Transitional provision
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Statutes Amendment (Budget 2010)
Act 2010.
(1) Subject to this section, this Act will come into operation on a day to
be fixed by proclamation.
(2)
Part 2,
sections 60 and
62 and
Part 13 will come
into operation on 1 July 2011.
(3)
Part 4 will be
taken to have come into operation on 17 September 2010.
(4)
Part 7 will be taken
to have come into operation on 1 July 2010.
(5)
Part 8 will come
into operation on 1 January 2011.
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 Education
Act 1972
4—Amendment
of section 19—Long service leave
Section 19(1)(b) and (c)—delete paragraphs (b) and (c)
and substitute:
(b) the officer is then entitled to 0.75 of a day's leave for each
subsequent complete month of effective service.
The amendment to the Education
Act 1972 made by this Part does not affect an entitlement to long
service leave or payment in lieu of long service leave that accrues before
1 July 2011.
Part 3—Amendment
of Environment Protection
Act 1993
6—Amendment
of section 11—Establishment of Authority
Section 11(4)(b)—after "Part 6" insert:
or Part 6A
After Part 6 insert:
Part 6A—Sustainability licence
endorsements
57A—Requirement for endorsement of
licence
A person must not represent that a licence is a sustainability licence, or
permit another person to do so, unless the licence is endorsed under this Part
as a sustainability licence.
Maximum penalty: Division 2 fine.
57B—Applications for
endorsements
(1) An application for an endorsement of a licence as a sustainability
licence must be made to the Authority in such manner and form as is determined
by the Authority and must be accompanied by the prescribed application
fee.
(2) An application for an endorsement may be combined with an application
for a licence or renewal of a licence.
(3) If the Authority requires further information to determine the
application, the Authority may, by written notice served on the applicant no
later than 2 months after the application is made, require the applicant to
furnish further specified information in writing.
(4) If further information is required in respect of an application, the
application is to be taken not to have been duly made until the information is
furnished as required by the Authority.
(5) If the Authority refuses an application for an endorsement, it must
give the applicant written notice of the refusal and the reasons for the
refusal.
57C—Endorsement of licences
(1) The Authority may endorse a licence as a sustainability licence
if—
(a) the holder of the licence has made due application for the
endorsement; and
(b) the holder of the licence has undertaken—
(i) to implement, within a period agreed with the Authority, specific and
substantial measures agreed with the Authority designed, in connection with the
activities authorised by the licence—
(A) to protect, restore or enhance the environment beyond standards
required by or under this Act; and
(B) to facilitate consultation with the community and deal with
complaints; and
(ii) to facilitate auditing of the implementation of the measures in
accordance with an auditing programme agreed with the Authority; and
(iii) to review and renegotiate the measures and auditing programme in
good faith from time to time in accordance with a review programme agreed with
the Authority; and
(iv) to implement the measures, and facilitate auditing of implementation
of the measures, as renegotiated following review; and
(c) the holder of the licence has paid the sustainability endorsement fee
prescribed or determined under the regulations; and
(d) any other requirements prescribed by the regulations have been
complied with.
(2) The Authority may, in conjunction with endorsing a licence as a
sustainability licence, undertake to provide support to the holder of the
licence to facilitate implementation, and auditing of implementation, of the
measures forming the basis of the endorsement.
(3) An undertaking made under this section is not enforceable.
57D—Term and renewal of
endorsements
(1) Subject to this Act, the term of an endorsement of a licence as a
sustainability licence is co-extensive with the term of the licence, and the
endorsement is renewed for a further term on each renewal of the
licence.
(2) An application for the renewal of a licence endorsed as a
sustainability licence must include information relating to the measures
implemented for the purposes of the endorsement as required by the Authority by
written notice to the applicant.
(3) If the holder of a licence fails to include the required information
in an application for renewal of the licence, the application will be taken not
to have been duly made until the information is furnished as required by the
Authority.
57E—Annual fees and returns
(1) If an annual authorisation fee is payable in respect of a licence
endorsed as a sustainability licence, the amount prescribed or determined under
the regulations as the annual sustainability endorsement fee is to be added to
the annual authorisation fee and, for the purposes of this Act, the amount will
be taken to form part of the annual authorisation fee payable by the
licensee.
(2) An annual return lodged in respect of a licence endorsed as a
sustainability licence must include information relating to the measures
implemented for the purposes of the endorsement as required by the Authority by
written notice to the holder of the licence.
(3) If the holder of a licence fails to include the required information
in an annual return, the Authority may, by written notice, require the holder to
make good the default.
(4) If the holder of a licence fails to make good the default within the
period allowed by the Authority (being not less than 14 days after the day
on which the notice is given to the holder), the Authority may, by written
notice, revoke the endorsement of the licence as a sustainability
licence.
(5) In this section, a reference to an endorsement of a licence as a
sustainability licence includes a reference to such an endorsement that has been
suspended by reason of the licence being suspended.
57F—Transfer of endorsements
(1) An endorsement may, with the approval of the Authority, be transferred
simultaneously with the transfer of a licence.
(2) The Authority must decide whether or not to grant approval for the
transfer of an endorsement on the same basis as would apply if the transferee
were an applicant for an endorsement.
57G—Suspension or revocation of
endorsements
(1) The Authority
may, by written notice to the holder of a licence endorsed as a sustainability
licence, revoke the endorsement—
(a) if the holder of the licence acts contrary to an undertaking forming
the basis of the endorsement; or
(b) if the Authority is unable to reach agreement with the holder on the
renegotiation of the measures or auditing programme; or
(c) on other grounds prescribed by the regulations.
(2) Before the Authority revokes an endorsement under
subsection (1),
the Authority must—
(a) give the holder of the licence written notice of its proposed action
specifying reasons for the proposed action; and
(b) allow the holder of the licence at least 14 days within
which to make submissions to the Authority in relation to the proposed
action.
(3) The Authority must revoke an endorsement of a licence as a
sustainability licence at the written request of the holder of the
licence.
(4) If a licence endorsed as a sustainability licence is suspended, the
endorsement is suspended for the period of the suspension of the
licence.
(5) If a licence endorsed as a sustainability licence is cancelled or
surrendered, the endorsement is revoked.
8—Amendment
of section 106—Appeals to Court
Section 106(1)—after paragraph (ca) insert:
(cab) an applicant for endorsement of a licence under Part 6A as a
sustainability licence may appeal to the Court against a decision of the
Authority to refuse to endorse the licence;
(cac) an applicant for approval of a transfer of an endorsement of a
licence under Part 6A as a sustainability licence may appeal to the Court
against a decision of the Authority to refuse to approve the transfer;
(cad) the holder of a licence may appeal to the Court against a decision
of the Authority to revoke an endorsement of the licence under Part 6A as a
sustainability licence;
9—Amendment
of section 109—Public register
Section 109(3)—after paragraph (f) insert:
(fa) details of endorsements of licences under Part 6A as
sustainability licences and applications for such endorsements;
If, immediately before the commencement of this section, a person holds an
environmental authorisation granted or renewed by the Authority under the Environment
Protection Act 1993 purportedly as a sustainability licence or
accredited sustainability licence, the environmental authorisation will be taken
to have been endorsed under Part 6A of that Act as a sustainability licence
on the basis of the measures, auditing programme and review programme specified
in connection with the purported sustainability licence or accredited
sustainability licence.
Part 4—Amendment
of First Home Owner Grant
Act 2000
11—Amendment
of section 3—Definitions
(1) Section 3—after the definition of home
insert:
new home means a home that has not been previously occupied
or sold as a place of residence and includes a substantially renovated
home;
(2) Section 3—after the definition of spouse
insert:
substantially renovated home—a home is a substantially
renovated home if—
(a) the sale of the home is, under the A New Tax System (Goods and
Services Tax) Act 1999 of the Commonwealth, a taxable supply as a sale
of new residential premises within the meaning of section 40-75(1)(b)
(Meaning of new residential premises); and
(b) the home, as renovated, has not been previously occupied or sold as a
place of residence;
12—Amendment
to section 7—Entitlement to grant
Section 7—after subsection (1) insert:
(1a) However, if—
(a) the commencement date of an eligible transaction for which a grant is
sought is on or after 17 September 2010; and
(b) the market
value of the home to which the transaction relates (as determined under
section 18BB) exceeds—
(i) $575 000; or
(ii) if another amount is prescribed by regulation for the purposes of
this subsection—that amount,
no first home owner grant is payable on the application for the
grant.
13—Amendment
of section 13A—Special eligible transactions
Section 13A(8), definitions of new home and
substantially renovated home—delete the
definitions
14—Amendment
of section 18B—Bonus grant for transactions before
17 September 2010
(1) Section 18B(1)(a)—after "5 June 2008" insert:
but before 17 September 2010
(2) Section 18B(2)—after "first home bonus grant" insert:
under this section
(3) Section 18B(4) to (9)—delete subsections (4) to (9)
(inclusive)
(4) Section 18B(11)—delete subsection (11)
15—Insertion
of sections 18BA and 18BB
After section 18B insert:
18BA—Bonus grant for transactions on or after
17 September 2010
(1) Subject to this section, the amount of a first home owner grant under
section 18 will be increased by an amount under this section (the
first home bonus grant) if—
(a) the commencement date of the eligible transaction is on or after
17 September 2010; and
(b) the eligible transaction is—
(i) a contract for the purchase of a new home; or
(ii) a comprehensive home building contract for a new home; or
(iii) the building of a new home by an owner builder; and
(c) the market value of the home to which the eligible transaction relates
is less than $450 000.
(2) The amount of
the first home bonus grant under this section is as follows:
(a) if the market value of the home to which the eligible transaction
relates does not exceed $400 000—$8 000;
(b) if the market value of the home to which the eligible transaction
relates exceeds $400 000 (but is less than $450 000)—an amount
calculated in accordance with the following formula:
where—
A is the amount of the first home bonus grant
B is $8 000
C is 16
D is the market value of the home to which the eligible
transaction relates, rounded down to the nearest $100
E is $400 000.
(3) This section does not give rise to an entitlement to a first home
bonus grant if the Commissioner is satisfied that the contract that formed the
basis of the eligible transaction replaces a contract made before
17 September 2010 (the earlier contract), and that the
earlier contract was—
(a) a contract for the purchase of the same home; or
(b) a comprehensive home building contract to build the same or a
substantially similar home.
18BB—Market value of homes
(1) For the
purposes of sections 7, 18B and
18BA, but subject to
subsections (2)
and
(3), the market value
of the home to which an eligible transaction relates (the market
value) will be determined as follows:
(a) in the case of an eligible transaction constituted by a contract under
section 13(1)(a)—the market value will be taken to
be—
(i) unless
subparagraph (ii)
applies—the consideration for the eligible transaction;
(ii) if the
Commissioner considers that the consideration for the eligible transaction may
be less than the market value—the market value of the property on which
the home is situated, as at the time when the contract is made, as determined by
the Commissioner for the purposes of this provision;
(b) in the case of an eligible transaction constituted by a comprehensive
home building contract under section 13(1)(b)—the market value will
be taken to be the sum of the following:
(i) —
(A) unless
subsubparagraph (B)
applies—the consideration for the comprehensive home building contract
under section 13(7);
(B) if the
Commissioner considers that the total consideration payable for the relevant
building work may be less than the actual costs to build the home—the
actual costs to build the home, as determined by the Commissioner for the
purposes of this provision; and
(ii) the market value of the property on which the home is to be built, as
at the time when the building contract is made, as determined by the
Commissioner for the purposes of this provision;
(c) in the case of an eligible transaction constituted by the building of
a home by an owner builder under section 13(1)(c)—the market value
will be taken to be the market value of the property on which the home is
situated, as at the time when the eligible transaction is completed, as
determined by the Commissioner for the purposes of this provision.
(2) For the
purposes of
subsection (1),
if an eligible transaction relates to a home on a genuine farm, the relevant
component of the farm will be taken to constitute the property on which the home
is situated, or is to be built.
(3) If a person is
entitled to a first home owner grant by virtue of the operation of
section 5(4)—
(a) if the relevant interest relates to a comprehensive home building
contract for the construction of a home—the market value of the home to
which the eligible transaction relates will be taken to be the consideration for
the comprehensive home building contract;
(b) in any other case—the market value of the home to which the
eligible transaction relates will be determined in accordance
with—
(i) the method prescribed by regulation for the purposes of
subsection (6)(b) of section 18B immediately before the repeal of that
subsection by the Statutes
Amendment (Budget 2010) Act 2010; or
(ii) if another method is prescribed by regulation for the purposes of
this subsection—that method.
(4) The Commissioner may adopt or approve any method the Commissioner
considers reasonable for the purposes of determining any value or costs under a
preceding subsection, including by requiring that a valuation of property be
made by a person appointed or approved by the Commissioner.
(5) If the Commissioner requires a valuation of property to be made for
the purposes of determining the value of any property under this section, the
Commissioner may, having regard to the merits of the case, charge the whole or
any part of the expenses of, or incidental to, the making of the valuation to
the applicant or applicants and may recover the amount so charged from the
applicant or applicants as a debt due to the Crown.
(6) To avoid doubt, the market value of any property on which a home is
situated will, for the purposes of this section, be the market value of the
land, the home and any other improvements.
(7) In this section—
genuine farm means land as to which the Commissioner is
satisfied—
(a) the land is to be used for primary production by the person seeking
the benefit of this section; and
(b) the land is, by itself, or in conjunction with other land owned by
that person, capable of supporting economically viable primary production
operations;
relevant component of a genuine farm means the part of the
farm constituted by the home and its curtilage, or the part of the land that is
to constitute the site and curtilage of a home that is to be built.
16—Amendment
of section 18C—Amount of grant must not exceed
consideration
Section 18C—after "section 18B" insert:
or 18BA
(1) If a person has, before the date of the enactment of this Act,
received a first home owner grant in respect of an application on which a first
home owner grant is not payable under subsection (1a) of section 7 of
the principal Act (as inserted by
section 12 of
this Act), the Commissioner may recover the amount of the grant as a debt due to
the Crown.
(2) If a person has, before the date of the enactment of this Act,
received a payment under section 18B of the principal Act in respect of an
eligible transaction with a commencement date that is on or after
17 September 2010, the Commissioner may recover the amount of the
payment from the person as a debt due to the Crown.
(3) If—
(a) a person is entitled to a first home bonus grant under
section 18BA of the principal Act, as enacted by this Act (the
relevant entitlement); and
(b) the person has received a benefit constituted by an ex gratia
payment by the State in order to provide for the first home bonus grant under
section 18BA envisaged by this Act for the period between
17 September 2010 and the date of the enactment of this Act,
the amount of the relevant entitlement will be reduced by the amount of the
ex gratia payment (including so as to fully set off the amount of the
relevant entitlement).
(4) To avoid doubt, any set off or right of recovery under this section
extends to a benefit obtained before the commencement of this section.
(5) Terms used in this section that are defined in the principal Act have
the same respective meanings as in that Act.
(6) In this section—
principal Act means the First
Home Owner Grant Act 2000.
Part 5—Amendment
of Motor Vehicles
Act 1959
18—Amendment
of section 9—Duty to register
(1) Section 9—after subsection (1) insert:
(1a) If a charge of an offence against subsection (1) involves a
motor vehicle other than a heavy vehicle and the defendant was not a registered
owner or the registered operator of the vehicle, it is a defence to the charge
if the defendant proves that he or she did not know, and could not reasonably be
expected to have known, that the vehicle was unregistered.
(2) Section 9(2)—after "subsection (1)" insert:
involving a heavy vehicle
(3) Section 9(3)—after "motor vehicle is" insert:
driven or
(4) Section 9—after subsection (4) insert:
(4a) It is a defence to a charge of an offence against subsection (3)
to prove that—
(a) the vehicle was not driven or left standing on the road by the
defendant; and
(b) the defendant had taken reasonable steps to ensure that any person
lawfully entitled to use the motor vehicle would have been aware that the
vehicle was unregistered.
(5) Section 9(5)—after "time it was" insert:
driven or
(6) Section 9—after subsection (6) insert:
(6a) The provisions of Schedule 1 apply to an offence against this
section if evidence relating to the offence was obtained through the operation
of a photographic detection device.
(7) Section 9(7), definition of owner—after "the
vehicle" insert:
, but does not include a person who takes the vehicle on hire
19—Amendment
of section 16—Permits to drive vehicles without
registration
Section 16(7)—delete subsection (7) and
substitute:
(7) A permit issued under this section will cease to have any force or
effect as follows:
(a) in the case of a permit issued under
subsection (1)—
(i) if the motor vehicle is a heavy vehicle—when the registration
label issued in respect of the motor vehicle is affixed to the vehicle or when
the period specified in the permit expires (whichever occurs first);
or
(ii) in any other case—when information becomes publicly available
(in a manner prescribed by regulation) that the motor vehicle has been
registered or when the period specified in the permit expires (whichever occurs
first);
(b) in the case of a permit issued under
subsection (2)—
(i) if the motor vehicle is a heavy vehicle—when the registration
label issued in respect of the motor vehicle is affixed to the vehicle or on the
expiration of the prescribed period (whichever occurs first); or
(ii) in any other case—when information becomes publicly available
(in a manner prescribed by regulation) that the motor vehicle has been
registered or on the expiration of the prescribed period (whichever occurs
first).
20—Amendment
of section 24—Duty to grant registration
Section 24(1)(a)(i)—delete subparagraph (i) and
substitute:
(A) in the case of a heavy vehicle—12 months or 1, 2 or
3 quarters; or
(B) in any other case—12 months or 1 quarter; or
Heading to Part 2 Division 9—after "labels"
insert:
for heavy vehicles
22—Amendment
of section 48—Registration label
(1) Section 48(1)—delete subsection (1) and
substitute:
(1) At the time of
registering a heavy vehicle (other than a heavy vehicle of a prescribed class),
the Registrar must issue to the registered owner or the registered operator of
the vehicle, or his or her agent, a registration label endorsed
with—
(a) particulars of the vehicle; and
(b) the date of expiry of registration; and
(c) such other information as the Registrar thinks fit to
include.
(2) Section 48(1a)—delete "motor" and substitute:
heavy
(3) Section 48(2)—delete subsection (2) and
substitute:
(2) The registration label issued in respect of a heavy vehicle (other
than a heavy vehicle of a prescribed class) or, where an amended registration
label has been issued in respect of such a vehicle, the amended registration
label, must, throughout the period during which the registration remains in
force, be affixed to and carried on the heavy vehicle for which it is issued, in
accordance with the regulations.
(4) Section 48(3), (3a) and (4)—delete "motor" wherever
occurring and substitute in each case:
heavy
23—Amendment
of section 50—Permit to drive pending receipt of registration
label
Section 50(1)—delete "motor" and substitute:
heavy
24—Amendment
of section 52—Return or destruction of registration
labels
Section 52(1), (2) and (4)—delete "motor" wherever
occurring and substitute in each case:
heavy
25—Amendment
of section 56—Duty of transferor on transfer of
vehicle
Section 56(b)(i)(A)—delete "current certificate of registration
or a current duplicate certificate of registration issued to the transferor" and
substitute:
prescribed documents
26—Amendment
of section 57—Duty of transferee on transfer of
vehicle
Section 57(2)(d)(i)—delete "current certificate of registration
or a current duplicate certificate of registration issued to the transferor" and
substitute:
prescribed documents
27—Amendment
of section 58—Transfer of registration
Section 58(1)—delete "current certificate of registration or a
current duplicate certificate of registration issued to the transferor" and
substitute:
prescribed documents
Heading to Part 2 Division 12—delete "certificates or
labels" and substitute:
labels and documents
29—Amendment
of section 71A—Property in plates, labels and
documents
Section 71A—delete "registration certificates and registration
labels" and substitute:
registration labels and prescribed documents
30—Substitution
of section 71B
Section 71B—delete the section and substitute:
71B—Replacement of plates, documents and labels
(1) If the
Registrar is satisfied by statutory declaration or such other evidence as the
Registrar may require that a number plate, trade plate, prescribed document or
registration label issued in respect of a motor vehicle has been lost, stolen,
damaged or destroyed, the Registrar may, on application made in a manner and
form determined by the Minister and payment of the prescribed fee, issue, or
authorise the issue of, a replacement number plate, trade plate or prescribed
document or a duplicate registration label.
(2) The person to whom a replacement plate or document or duplicate label
is issued under
subsection (1)
must, if the original plate, document or label is found or recovered, return it
to the Registrar.
Maximum penalty: $250.
31—Amendment
of section 102—Duty to insure against third party
risks
(1) Section 102—after subsection (1) insert:
(1a) If a charge of an offence against subsection (1) involves a
motor vehicle other than a heavy vehicle and the defendant was not a registered
owner or the registered operator of the vehicle, it is a defence to the charge
if the defendant proves that he or she did not know, and could not reasonably be
expected to have known, that the vehicle was uninsured.
(2) Section 102(2)—after "motor vehicle is" insert:
driven or
(3) Section 102—after subsection (3) insert:
(3aa) It is a defence to a charge of an offence against subsection (2) to
prove that—
(a) the vehicle was not driven or left standing on the road by the
defendant; and
(b) the defendant had taken reasonable steps to ensure that any person
lawfully entitled to use the motor vehicle would have been aware that the
vehicle was uninsured.
(4) Section 102(3a)—after "time it was" insert:
driven or
(5) Section 102—after subsection (3b) insert:
(3c) The provisions of Schedule 1 apply to an offence against this section
if evidence relating to the offence was obtained through the operation of a
photographic detection device.
(6) Section 102(7), definition of owner—after "the
vehicle" insert:
, but does not include a person who takes the vehicle on hire
Section 103—delete the section
33—Amendment
of section 116—Claim against nominal defendant where vehicle
uninsured
Section 116(7c)(b)—delete "had no reason to believe" and
substitute:
could not reasonably be expected to have known
34—Amendment
of section 124—Duty to co-operate with insurer
Section 124(5)(b)—delete "the certificate of registration or
permit in respect of" and substitute:
prescribed documents relating to
35—Amendment
of section 131—Insurance by visiting motorists
Section 131—delete "a certificate of"
36—Amendment
of section 142—Facilitation of proof
Section 142(a)—after "registration label" first occurring
insert:
required by this Act
37—Amendment
of section 145—Regulations
(1) Section 145(1)—after paragraph (b) insert:
(ba) empowering the Registrar to issue documents relating to the
registration of a motor vehicle or to any registered particulars of a registered
motor vehicle, prescribing fees for the issue of such documents by the
Registrar, prescribing classes of documents (whether issued by the Registrar or
any other person or body) relating to the registration of a motor vehicle and
providing offences relating to such documents; and
(2) Section 145(1)(d)—delete "and for the insertion in the
registration certificate issued in respect of a motor vehicle of a note of its
load capacity"
After section 148 insert:
Schedule 1—Evidence obtained by photographic
detection device
1—Interpretation
In this Schedule—
camera detected registration offence means a registration
offence where evidence relating to the offence was obtained through the
operation of a photographic detection device;
photographic detection device means a photographic detection
device approved under the
Road
Traffic Act 1961 in relation to registration offences;
registration offence means an offence against section 9
or 102.
2—Certain offences subsumed
(1) If—
(a) the registration of a motor vehicle has expired; and
(b) a person is given an expiation notice for a camera detected
registration offence involving the vehicle (the first offence);
and
(c) since the vehicle was last registered, that person has not been
charged with, or been given an expiation notice for, a registration offence
arising out of a different incident involving that vehicle,
the first offence subsumes all other camera detected registration offences
involving that vehicle and committed by that person within 7 days of the
date of the commission of the first offence.
(2) However, if,
within 7 days of the date of the commission of the first offence, the person is
charged with, or given an expiation notice for, that offence or any other
registration offence involving the same vehicle, any camera detected
registration offences involving that vehicle and committed by that person after
he or she is so charged, or is given such an expiation notice, are not subsumed
by the first offence.
3—Notice about photographic
evidence
An expiation notice, expiation reminder notice or summons in respect of a
camera detected registration offence must be accompanied by a notice in the
prescribed form stating that a copy of the photographic
evidence—
(a) will, on written application to the Commissioner of Police by the
person to whom the expiation notice, reminder notice or summons is issued, be
sent by post to the address nominated in that application or (in the absence of
such a nomination) to the last known address of the applicant; and
(b) may be viewed on application to the Commissioner of Police.
4—Evidentiary
In proceedings for a camera detected registration offence—
(a) a photograph or series of photographs produced by the prosecution will
be admitted in evidence if—
(i) the photograph or each of the photographs was produced from an
exposure taken, or electronic record made, by a photographic detection device;
and
(ii) the requirements of the Road
Traffic Act 1961 as to the operation and testing of photographic
detection devices were complied with in connection with that use of the
device,
and a denotation as to date, time and location that appears as part of such
a photograph will be accepted as proof, in the absence of proof to the contrary,
of the date, time and location at which the exposure was taken or the electronic
record made by the photographic detection device; and
(b) a document
produced by the prosecution and purporting to be signed by the Commissioner of
Police, or any other police officer of or above the rank of inspector, and
purporting to certify—
(i) that a specified device used at a specified location during a
specified period was a photographic detection device; and
(ii) that the requirements of the Road
Traffic Act 1961 as to the operation and testing of photographic
detection devices were complied with in connection with the use of that device
during that period,
will be accepted as proof, in the absence of proof to the contrary, of the
facts so certified; and
(c) where it is also certified in a document of a kind referred to in
paragraph (b)
that the device was designed and set to operate according to a specified system
during that period, it will be presumed, in the absence of proof to the
contrary, that the device was designed and set to operate according to that
system during that period and did, in fact, so operate.
(1) A registration label issued under section 48 of the Motor
Vehicles Act 1959 (the Act) in relation to a motor
vehicle other than a heavy vehicle (within the meaning of the Act) is not, after
the commencement of
section 22 of this
Act, taken to be a registration label for the purposes of the Act.
(2) Subject to
subsection (3),
section 79B of the Road
Traffic Act 1961 (as in force immediately before the commencement
of this section) continues to apply in relation to registration offences and
owner registration offences (both within the meaning of section 79B of the Road
Traffic Act 1961) committed before the commencement of this
section.
(3) A reference in
clause 2 of Schedule 1 of the Act (as in force immediately after the
commencement of
section 38 of this
Act) to a camera detected registration offence includes a
reference to an owner registration offence within the meaning of
section 79B of the Road
Traffic Act 1961 (as in force immediately before the commencement
of this section).
Part 6—Amendment
of Passenger Transport
Act 1994
40—Amendment
of section 63—Registration of prescribed passenger
vehicles
(1) Section 63(2)(h) and (i)—delete paragraphs (h)
and (i) and substitute:
(h) the registered
owner of a prescribed vehicle may, at any time, apply to the Registrar for
cancellation of the registration of the vehicle and payment of any applicable
refund;
(i) if such an application is made and the registered owner complies with
any requirements of the Registrar in relation to delivery or destruction of the
registration label (if any) issued in relation to the vehicle, the Registrar
must (subject to this section) cancel the registration and pay to the applicant
any refund that would have been payable in respect of the cancellation if it had
occurred under the provisions of the Motor
Vehicles Act 1959;
(2) Section 63(2)(j)—delete "the cancellation fee mentioned in
section 55(2) of the Motor
Vehicles Act 1959" and substitute:
a cancellation fee (if a cancellation fee could otherwise be deducted under
the provisions of the Motor
Vehicles Act 1959)
Part 7—Amendment
of Payroll Tax
Act 2009
41—Amendment
of Schedule 2—South Australia Specific Provisions
Schedule 2—after clause 10 insert:
10A—Apprentices and trainees
(1) Wages paid or
payable to an apprentice or trainee in the following circumstances are exempt
wages:
(a) by an approved
group training organisation;
(b) by an employer
if the apprentice or trainee is undertaking training under—
(i) a school-based training contract; or
(ii) an initial
training contract between the employer and the apprentice or trainee;
or
(iii) a training
contract entered into prior to 1 July 2010 that is current on that
date; or
(iv) a prescribed training contract, or a training contract of a
prescribed class.
(2) For the
purposes of
subclause (1)(a),
the Commissioner may—
(a) approve an
organisation as a group training organisation;
(b) revoke an approval under
paragraph (a).
(3) The Commissioner may, in acting under
subclause (2),
apply any criteria determined by the Commissioner to be reasonable in the
circumstances after taking into account relevant industry standards and
practices associated with group training organisations.
(4) For the purposes of this clause, a school-based training contract is
not to be regarded as an initial training contract.
(5) In this clause—
apprentice or trainee means a person who has entered into a
training contract approved under Part 4 of the
Training
and Skills Development Act 2008;
initial training contract—an initial training contract
between an employer and an apprentice or trainee is a contract constituting the
first training contract between the employer and the apprentice or
trainee;
school-based training contract means a training contract that
counts as part of an approved learning program under section 75D of the
Education
Act 1972 (and includes a case where the student is still enrolled
at a secondary school and participating in such a program despite having
attained the age of 16 years and achieved a qualification under an approved
learning program).
A regulation made for the purposes of section 10A of Schedule 2
of the Payroll
Tax Act 2009, as enacted by this Act, may, if the regulation so
provides, take effect from 1 July 2010 or from a later day.
Part 8—Amendment
of Petroleum Products Regulation
Act 1995
43—Amendment
of section 4—Interpretation
(1) Section 4(1), definition of bulk end user certificate or
certificate—delete the definition
(2) Section 4(1), definition of condition—delete ",
certificate"
Section 4B—delete the section
Section 5—delete the section
46—Amendment
of section 8—Requirement for licence
Section 8—delete ", other than as a bulk end user,"
47—Amendment
of section 11—Conditions of licence
Section 11(2)(ga)—delete paragraph (ga)
Part 2A—delete the Part
49—Amendment
of section 44—Powers of authorised officers
Section 44(1)(l)—delete ", certificate"
50—Amendment
of section 47—Appeals
(1) Section 47(1)(ab)—delete paragraph (ab)
(2) Section 47(1)(ca)—delete paragraph (ca)
(3) Section 47(1)(e) and (ea)—delete paragraphs (e) and
(ea)
(4) Section 47(3)—delete "or certificate"
(5) Section 47(4)—delete subsection (4)
(6) Section 47(7)(b)—delete paragraph (b)
(7) Section 47(7)(d)—delete paragraph (d)
51—Amendment
of section 50—Register
Section 50(1)—delete subsection (1) and substitute:
(1) The Minister must cause a register to be kept of licensees under
Part 2.
52—Amendment
of section 53—Records to be kept
Section 53(4)—delete subsection (4) and substitute:
(4) In subsection (3)—
certificate means a bulk end user certificate issued by the
Commissioner under Part 2A of this Act before the repeal of that Part by
the Statutes
Amendment (Budget 2010) Act 2010.
53—Amendment
of section 53A—Falsely claiming to hold licence or permit
etc
Section 53A—delete ", certificate"
54—Amendment
of section 56—Confidentiality
Section 56(3)—delete "or subsidy"
55—Amendment
of section 62—Evidence
Section 62—after subsection (1) insert:
(1a) In subsection (1)(ca)—
certificate means a bulk end user certificate issued by the
Commissioner under Part 2A of this Act before the repeal of that Part by
the Statutes
Amendment (Budget 2010) Act 2010.
The amendments made by this Act to the Petroleum
Products Regulation Act 1995 (the principal Act) do
not affect—
(a) an entitlement to a subsidy that arose under Part 2A of the
principal Act in relation to petroleum products sold or purchased before the
repeal of that Part by this Act (and a claim for any such subsidy that has not
been made or determined before that repeal is to be made or determined (as the
case requires) as if Part 2A were still in force); or
(b) the Commissioner's right to require the payment or repayment of an
amount under section 23 of the principal Act (as if that section were still
in force); or
(c) the right of—
(i) a claimant for a subsidy under the principal Act to appeal to the
Administrative and Disciplinary Division of the District Court against a
decision by the Commissioner on the claim; or
(ii) a person to whom the Commissioner has given a notice under
section 23 of the principal Act requiring the payment or repayment of an
amount to appeal to the Administrative and Disciplinary Division of the District
Court against the decision to issue the notice,
(as if section 47 of the principal Act had not been amended by this
Act).
Part 9—Amendment
of Private Parking Areas
Act 1986
57—Amendment
of section 8—Offences—driver and owner to be
guilty
Section 8(8)—delete subsection (8) and
substitute:
(8) For the purposes of this section a permit is exhibited in a vehicle
if, and only if, the permit is exhibited—
(a) in the case of a disabled person's parking permit—in accordance
with any requirements of the Motor
Vehicles Act 1959; or
(b) in any other case—so that it is easily legible by a person
standing beside the vehicle and otherwise in accordance with any conditions of
the permit.
Part 10—Amendment
of Public Sector
Act 2009
58—Amendment
of section 51—Hours of duty and leave
Section 51—after "Schedule 1" insert:
(and, insofar as is relevant, Schedule 1A)
After section 73 insert:
73A—Additional provision relating to recreation
leave for public sector employees
The rights of a public sector employee to recreation leave are subject to
the operation of Schedule 1A (as well as, insofar as is relevant,
Schedule 1).
60—Amendment
of Schedule 1—Leave and working arrangements
Schedule 1, clause 7(1)—delete subclause (1) and
substitute:
(1) Subject to this Schedule, the regulations and any determinations of
the Commissioner, an employee will accrue an entitlement to long service leave
at the rate of 9 calendar days for each completed year of effective
service.
After Schedule 1 insert:
Schedule 1A—Additional provision relating to
recreation leave
1—Application of Schedule
(1) Subject to this clause, this Schedule applies to all public sector
employees.
(2) Subject to
subclauses (3)
and
(4) (and, as relevant,
clause 2), this Schedule does not apply to any of the following
employees:
(a) an executive employee;
(b) a person appointed or employed under the Police
Act 1998;
(c) a person appointed or employed under the Protective
Security Act 2007;
(d) a person appointed or employed under the Children's
Services Act 1985;
(e) a person appointed or employed under the Education
Act 1972;
(f) a person appointed or employed under the Technical
and Further Education Act 1975;
(g) a person appointed or employed under the Fire
and Emergency Services Act 2005;
(h) a registered health practitioner;
(i) an employee classified as a Disability Services
Officer;
(j) an employee classified as a Health Ancillary
Employee;
(k) a prescribed employee (but this paragraph applies subject to clause
2(2)).
(3) The Governor may,
by proclamation—
(a) apply this Schedule to any class of employees otherwise excluded from
its operation under
subclause (2);
(b) exclude from the operation of this Schedule any class of employees in
addition to those excluded from its operation under
subclause (2).
(4) The Governor may,
by subsequent proclamation, vary or revoke a proclamation under
subclause (3).
(5) The Governor may, in a proclamation under
subclause (3)
or
(4), make transitional or
ancillary provisions that may be necessary or expedient in the
circumstances.
(6) In this clause—
prescribed employee means—
(a) a shift worker; or
(b) a seven-day week worker;
registered health practitioner means—
(a) a person registered under the Health Practitioner Regulation National
Law; or
(b) a person registered under the Occupational
Therapy Practice Act 2005;
seven-day week worker means an employee who works rotating
shifts on 7 days a week, or who is rostered to work regularly on active
duty on Saturdays, Sundays and public holidays.
2—Leave loading allowances for recreation
leave
(1) Subject to this
clause, an employee to whom this Schedule applies—
(a) is not entitled to any leave loading allowance for recreation
leave—
(i) that is taken on or after the prescribed date in respect of recreation
leave accruing on or after that date; or
(ii) that is taken before the prescribed date in anticipation of
recreation leave accruing on or after that date; but
(b) is entitled, in
addition to a general entitlement to recreation leave, to ⅙ days
recreation leave for each completed month of the employee's service occurring on
or after the prescribed date.
(2) From the prescribed
date, if an employee who has been a prescribed employee works under another
employment arrangement to which this Schedule applies for a period of
1 month (or more),
subclause (1)
will apply in relation to that employee (in respect of each completed month of
service) while he or she works under that other arrangement (rather than as a
prescribed employee).
(3) To avoid doubt, an
entitlement to recreation leave under this Schedule is subject to the operation
of clause 5(3) to (7) (inclusive) of Schedule 1 (to the extent
that Schedule 1 applies to employees to whom this Schedule
applies).
(4) In the event of an inconsistency between this clause and the terms or
conditions of any award, determination or enterprise agreement under the Fair
Work Act 1994, or the terms or conditions of any contract of
employment, this clause will prevail to the extent of the
inconsistency.
(5) The regulations may modify this clause insofar as it applies to a
specified group or class of public sector employees.
(6) For the purposes of the application of this clause to an employee in
employment to which this Schedule applies on the prescribed date, leave will
accrue from the first month of service completed on or after that date
(including with respect to any part of that month occurring before that
date).
(7) In this clause—
prescribed date means 1 July 2012;
prescribed employee has the same meaning as in
clause 1.
The amendment to Schedule 1 of the Public
Sector Act 2009 made by this Part does not affect an entitlement to
long service leave or payment in lieu of long service leave that accrues before
1 July 2011 and, in relation to an employee who has, before that date,
completed at least 15 years of service, any completed month of effective
service occurring before that date for which long service leave has not yet
accrued will be taken to give rise to an entitlement to 1.25 days of long
service leave for each such month (but, subject to that entitlement and from
that date, long service leave for the balance of that particular year of
effective service will accrue at the rate of 0.75 days for each completed
month of service).
Part 11—Amendment
of Radiation Protection and Control
Act 1982
63—Amendment
of section 5—Interpretation
(1) Section 5—before the definition of authority
insert:
accreditation means an accreditation under Part 3
Division 3B;
(2) Section 5—after the definition of Department
insert:
developmental testing operations means pilot operations for
the extraction or processing of ores or minerals for the purposes of evaluating
future mining or mineral processing operations;
(3) Section 5—definition of milling—delete the
definition and substitute:
mineral processing means operations for the concentration or
processing of ores or minerals, or operations for processing fluids from
in-situ or other leaching operations conducted on ores or minerals, and
includes incidental operations for the management of radioactive process
materials, residues and wastes;
(4) Section 5, definition of mining—delete the
definition and substitute:
mining means operations for the recovery, handling or storage
of ores or minerals and includes—
(a) construction activities to establish any mine facilities;
and
(b) incidental operations for the recovery, handling or storage of ores or
minerals; and
(c) incidental operations for the management or disposal of waste or
residues; and
(d) rehabilitation activities to restore land disturbed by mining
operations; and
(e) in-situ leaching and operations by means of which minerals are
recovered from an ore or a natural body of water; and
(f) other operations brought within the ambit of this definition by the
regulations,
but does not include—
(g) surface excavating that does not intersect with any such ores or
minerals; or
(h) surface drilling for the purposes of excavation; or
(i) geophysical prospecting; or
(j) other operations excluded from the ambit of this definition by the
regulations;
(5) Section 5, definition of mining licence—delete the
definition and substitute:
mining licence means a licence authorising the carrying out
of operations for the mining or processing of ores or extracted
minerals;
(6) Section 5—after the definition of radiation
apparatus insert:
radiation source means a sealed radioactive source, unsealed
radioactive substance or radiation apparatus, or any equipment, object, article
or thing that emits or may emit ionising or non-ionising radiation when
energised;
(7) Section 5, definition of radioactive ore—delete
"uranium or thorium" and substitute:
a radioactive element or compound
(8) Section 5, definition of thorium—delete the
definition
Before section 24 insert:
23A—Licence to test for developmental
purposes
(1) A person must
not carry out developmental testing operations involving or in relation to
mining or mineral processing where a prescribed radioactive substance is present
unless the operations are authorised by a licence granted by the Minister under
this section.
Maximum penalty: $50 000 or imprisonment for 5 years.
(2) For the purposes of
subsection (1)
(and without limiting that subsection), operations in relation to mining or
mineral processing include—
(a) establishing, operating or decommissioning any developmental testing
facilities; and
(b) operations for the rehabilitation of land on account of the impact of
any operations associated with developmental testing; and
(c) other operations brought within the ambit of this section by the
regulations.
(3)
Subsection (1)
does not apply to operations of a prescribed class.
(4) An application for a licence—
(a) must be made to the Minister; and
(b) must be in the prescribed form; and
(c) must be accompanied by the prescribed fee.
(5) The Minister must not grant a licence under this section unless the
Minister is satisfied that the proposed operations would comply with the
regulations.
(6) A fee of an amount determined in accordance with the regulations is
payable in respect of each year of the term of a licence under this
section.
(7) The fee for the first year of the term of a licence under this section
must be paid before the grant of the licence and the fee for each succeeding
year must be paid on or before the anniversary of the date of the grant of the
licence or, if it has been renewed, the anniversary of the date of its last
renewal.
(8) The amount of an annual fee for a licence not paid as required under
this section may be recovered from the holder of the licence by action in a
court of competent jurisdiction as a debt due to the Minister.
(9) A licence under this section must specify the operations to which it
applies and the places at which those operations may be carried out.
(10) In this section—
prescribed radioactive substance means a radioactive
substance containing more than the prescribed concentration of any naturally
occurring radioactive element or compound.
65—Amendment
of section 24—Licence to carry out mining or mineral
processing
(1) Section 24(1)—delete subsection (1) and
substitute:
(1) A person must
not carry out operations for or in relation to mining or mineral processing
where a prescribed radioactive substance is present or will be produced unless
the operations are authorised by a licence granted by the Minister under this
section.
Maximum penalty: $50 000 or imprisonment for 5 years
(1a) For the purposes of
subsection (1)
(and without limiting that subsection), operations in relation to mining or
mineral processing include—
(a) establishing, operating or decommissioning any facilities associated
with mining or mineral processing; and
(b) operations for the rehabilitation of land on account of the impact of
any operations associated with mining or mineral processing; and
(c) other operations brought within the ambit of this section by the
regulations.
(2) Section 24(3)—delete subsection (3) and
substitute:
(3) An application for a licence—
(a) must be made to the Minister; and
(b) must be in the prescribed form; and
(c) must be accompanied by the prescribed fee.
(3) Section 24—after subsection (5) insert:
(6) In this section—
prescribed radioactive substance means a radioactive
substance containing more than the prescribed concentration of any naturally
occurring radioactive element or compound.
66—Amendment
of section 26—Limits of exposure to ionising radiation for mining or
mineral processing operations not to be more stringent than limits fixed under
certain codes etc
Section 26—delete "the mining or milling of radioactive ores" and
substitute:
mining or mineral processing
67—Amendment
of section 28—Licence to use or handle radioactive
substances
(1) Section 28(1)—after "temporary licence" insert:
granted by the Minister
(2) Section 28(3)—delete subsection (3) and substitute:
(3) An application for a licence or a temporary licence—
(a) must be made to the Minister; and
(b) must be in the prescribed form; and
(c) must be accompanied by the prescribed fee.
68—Amendment
of section 29—Registration of premises in which unsealed radioactive
substances are handled or kept
Section 29—delete subsection (4) and substitute:
(4) The Minister may register premises for the purposes of this
section.
(4a) An application for registration—
(a) must be made to the Minister; and
(b) must be in the prescribed form; and
(c) must be accompanied by the prescribed fee.
After section 29 insert:
29A—Facilities licence
(1) This section applies to facilities of a prescribed class where a
radiation source is produced, processed, used, handled, stored, disposed of or
otherwise managed (to be called "radiation facilities" for the purposes of this
section).
(2) A person must
not prepare a site for, or construct, establish, control, operate, manage,
decommission, dispose of or abandon, a radiation facility unless authorised to
do so by a licence granted by the Minister under this section.
Maximum penalty: $100 000.
(3)
Subsection (2)
does not apply to a person of a prescribed class.
(4) An application for a licence—
(a) must be made to the Minister; and
(b) must be in the prescribed form; and
(c) must be accompanied by the prescribed fee.
(5) The Minister must not grant a licence under this section unless the
Minister is satisfied—
(a) that the applicant is a fit and proper person to hold a licence under
this section; and
(b) that the applicant has appropriate knowledge of the principles and
practices of radiation protection to undertake the role or to carry out the
activities to which the licence is related; and
(c) that the facility and any relevant operations comply, or will comply,
with the regulations.
(6) A fee of an amount determined in accordance with the regulations is
payable in respect of each year of the term of a licence under this
section.
(7) The fee for the first year of the term of a licence under this section
must be paid before the grant of the licence and the fee for each succeeding
year must be paid on or before the anniversary of the date of the grant of the
licence or, if it has been renewed, the anniversary of the date of its last
renewal.
(8) The amount of an annual fee for a licence not paid as required under
this section may be recovered from the holder of the licence by action in a
court of competent jurisdiction as a debt due to the Minister.
(9) A licence under this section must specify the facility and operations
to which it applies.
70—Amendment
of section 30—Registration of sealed radioactive
source
Section 30(4)—delete subsection (4) and
substitute:
(4) The Minister may register sealed radioactive sources for the purposes
of this section.
(4a) An application for registration—
(a) must be made to the Minister; and
(b) must be in the prescribed form; and
(c) must be accompanied by the prescribed fee.
71—Amendment
of section 31—Licences to operate radiation apparatus
Section 31(3)—delete subsection (3) and substitute:
(3) The Minister may grant a licence or temporary licence under this
section.
(3a) An application for a licence—
(a) must be made to the Minister; and
(b) must be in the prescribed form; and
(c) must be accompanied by the prescribed fee.
72—Amendment
of section 32—Registration of radiation apparatus
Section 32(4)—delete subsection (4) and substitute:
(4) The Minister may register any apparatus under this section.
(4a) An application for registration—
(a) must be made to the Minister; and
(b) must be in the prescribed form; and
(c) must be accompanied by the prescribed fee.
73—Insertion
of Part 3 Divisions 3A and 3B
After section 33 insert:
Division 3A—Licence to possess a radiation
source
33A—Licence to possess a radiation
source
(1) A person must
not be in possession of a radiation source unless authorised by a licence
granted by the Minister under this section.
Maximum penalty: $100 000.
(2)
Subsection (1)
does not apply—
(a) in prescribed circumstances; or
(b) to or in relation to any person or thing of a prescribed
class.
(3) An application for a licence—
(a) must be made to the Minister; and
(b) must be in the prescribed form; and
(c) must be accompanied by the prescribed fee.
(4) The Minister must not grant a licence under this section unless the
Minister is satisfied—
(a) that the applicant is a fit and proper person to hold a licence under
this section; and
(b) that the applicant has appropriate knowledge of the principles and
practices of radiation protection to have possession of the radiation source in
the circumstances to which the licence is to relate; and
(c) that any requirement prescribed by the regulations is complied with or
satisfied.
(5) A fee of an amount determined in accordance with the regulations is
payable in respect of each year of the term of a licence under this
section.
(6) The fee for the first year of the term of a licence under this section
must be paid before the grant of the licence and the fee for each succeeding
year must be paid on or before the anniversary of the date of the grant of the
licence or, if it has been renewed, the anniversary of the date of its last
renewal.
(7) The amount of an annual fee for a licence not paid as required under
this section may be recovered from the holder of the licence by action in a
court of competent jurisdiction as a debt due to the Minister.
Division 3B—Accreditation of third party service
providers
33B—Accreditation process
(1) An application for accreditation for the purposes of this
Division—
(a) must be made to the Minister; and
(b) must be in the prescribed form; and
(c) must be accompanied by the prescribed fee.
(2) The Minister must not grant an accreditation unless the Minister is
satisfied—
(a) that the applicant is a fit and proper person to hold an accreditation
under this Division; and
(b) that the applicant has appropriate skills, qualifications, knowledge
or experience to properly carry out the activities authorised by the
accreditation; and
(c) that the applicant satisfies any other requirements for accreditation
prescribed by the regulations.
(3) The Minister may establish various classes of accreditation for the
purposes of this Act.
(4) In addition, an accreditation may, according to its terms, be limited
as to the matters to be covered by the accreditation.
33C—Authority conferred by
accreditation
Accreditation authorises the person named in the
accreditation—
(a) to conduct tests on radiation sources;
(b) to undertake activities to assess compliance with this Act or any
requirements prescribed by the regulations;
(c) to issue certificates of compliance or certificates of competency in
relation to matters regulated under this Act;
(d) to conduct courses of training leading to qualifications to hold a
licence or registration under this Act;
(e) to carry out other activities determined or approved by the
Minister,
subject to, and in accordance with, the terms and conditions of the
accreditation.
33D—Reliance on professional
advice
The Minister may, in the exercise of a function under this Act, rely on a
certificate issued by a person who holds an accreditation under this
Division.
33E—Accreditation fees
(1) A fee of an amount determined in accordance with the regulations is
payable in respect of each year of the term of an accreditation under this
Division.
(2) The fee for the first year of the term of an accreditation under this
Division must be paid before the grant of the accreditation and the fee for each
succeeding year must be paid on or before the anniversary of the date of the
grant of the accreditation or, if it has been renewed, the anniversary of the
date of its last renewal.
(3) The amount of an annual fee for an accreditation not paid as required
under this section may be recovered from the holder of the accreditation by
action in a court of competent jurisdiction as a debt due to the
Minister.
33F—Offences
(1) A person who is not an accredited person under this Division must not
hold himself or herself out as, or pretend to be, the holder of an accreditation
under this Division.
Maximum penalty: $10 000.
(2) A person must not alter or permit to be altered any information or
statement in a certificate issued by an accredited person for the purposes of
this Act unless—
(a) the alteration is authorised in writing by the accredited person who
issued the certificate; or
(b) the alteration is made in prescribed circumstances.
Maximum penalty: $20 000.
(3) A person must not, in issuing a certificate of compliance or a
certificate of competency for the purposes of this Act, make or cause to be made
a statement that is false or misleading in a material particular.
Maximum penalty: $20 000.
74—Heading
to Part 3 Division 4
Part 3, Division 4, heading—delete the heading and
substitute:
Division 4—General provisions with respect to
accreditations and authorities
75—Amendment
of section 34—Minister may require information to determine
applications
Section 34—delete "a licence or registration" and
substitute:
an accreditation or authority
76—Amendment
of section 36—Conditions of accreditations and
authorities
(1) Section 36—delete "a licence or registration" wherever occurring
and substitute in each case:
an accreditation or authority
(2) Section 36(1)(a)—after "the certificate of" insert:
accreditation or
(3) Section 36—delete "the licence or registration" wherever
occurring and substitute in each case:
the accreditation or authority
77—Amendment
of section 37—Term of accreditations and authorities and their
renewal
(1) Section 37(1)—delete subsection (1) and substitute:
(1) An accreditation or authority will, subject to this Act, remain in
force for such term as the Minister may specify—
(a) in the case of an accreditation or registration—in the
certificate of accreditation or registration; or
(b) in the case of a licence—in the licence.
(2) Section 37(2)—delete "a licence or registration" and
substitute:
an accreditation or authority
(3) Section 37(3)—delete subsection (3) and substitute:
(3) An accreditation or authority renewed under this section will, subject
to this Act, remain in force for such term (being not less than 12 months)
as the Minister may specify—
(a) in the case of an accreditation or registration—in the
certificate of accreditation or registration; or
(b) in the case of a licence—in the licence.
(4) Section 37(4), definition of prescribed fee,
(a)—delete "section 24" and substitute:
section 23A, 24, 29A or 33A
(5) Section 37(4), definition of prescribed fee,
(b)—delete "the licence or registration" and substitute:
the accreditation or authority
78—Amendment
of section 38—Register
Section 38(1)—delete "licences and registrations" and
substitute:
accreditations and authorities
79—Amendment
of section 40—Surrender, suspension and cancellation of accreditations and
authorities
(1) Section 40(1)—after "certificate of" insert:
accreditation or
(2) Section 40—delete "a licence or registration" wherever occurring
and substitute in each case:
an accreditation or authority
(3) Section 40—delete "the licence or registration" wherever
occurring and substitute in each case:
the accreditation or authority
(4) Section 40(2)(b)—after "certificate of" insert:
accreditation or
(5) Section 40(2)(c)—after "certificate of" insert:
accreditation or
(6) Section 40(2)—after paragraph (d) insert:
or
(e) that, in the case of an accreditation, the holder of the
accreditation—
(i) has ceased to hold a qualification on the basis of which the Minister
granted the accreditation; or
(ii) has not acted competently or appropriately in undertaking activities
under the accreditation; or
(f) events have occurred or circumstances have changed such that the
holder of the accreditation or authority would not be entitled to be granted
that accreditation or authority if an application were now to be made.
(7) Section 40(3)—delete "A licence or registration" and
substitute:
An accreditation or authority
(8) Section 40(4a)—after "If a" insert:
licence or
(9) Section 40(4a)(a)—delete "the premises" and
substitute:
any premises
(10) Section 40(4b)—after "If a" insert:
licence or
(11) Section 40(4b)(a)—delete "in the case of premises" and
substitute:
in relation to any relevant premises
(12) Section 40(4d)—before "registered" insert:
licensed or
80—Amendment
of section 41—Review of decisions relating to accreditations and
authorities
Section 41(1)—delete "a licence or registration" wherever occurring
and substitute in each case:
an accreditation or authority
81—Amendment
of section 43—Regulations
(1) Section 43(2)—delete "milling" and substitute:
processing
(2) Section 43(3)(l)—delete "licences or registration" and
substitute:
accreditations or authorities
82—Amendment
of section 49—Evidentiary provisions
(1) Section 49(1)(b)—before "authority" insert:
accreditation or
(2) Section 49(2)—before "authority" insert:
accreditation or
83—Amendment
of section 50—Service of documents
(1) Section 50(1)(b)—after "the holder of an" insert:
accreditation or
(2) Section 50(2)—after "the holder of an" insert:
accreditation or
Part 12—Amendment
of Road Traffic
Act 1961
84—Amendment
of section 79B—Provisions applying where certain offences are detected by
photographic detection devices
(1) Section 79B(1), definition of owner registration
offence—delete the definition
(2) Section 79B(1), definition of prescribed offence,
(c)—delete paragraph (c)
(3) Section 79B(1), definitions of registration and
registration offence—delete the definitions
(4) Section 79B(1), definitions of uninsured motor vehicle
and unregistered motor vehicle—delete the
definitions
(5) Section 79B(2c) and (2d)—delete subsections (2c) and
(2d)
(6) Section 79B(4a)—delete subsection (4a)
85—Amendment
of section 176—Regulations and rules
Section 176(1a)—after paragraph (ga) insert:
(gb) approve an apparatus of a specified kind as a photographic detection
device, and prescribe requirements as to the operation and testing of such a
device, for the purposes of this or any other Act; and
Part 13—Amendment
of Technical and Further Education
Act 1975
86—Amendment
of section 19—Long service leave
Section 19(1)(b) and (c)—delete paragraphs (b) and (c) and
substitute:
(b) the officer is then entitled to 0.75 of a day's leave for each
subsequent complete month of effective service.
The amendment to the Technical
and Further Education Act 1975 made by this Part does not affect an
entitlement to long service leave or payment in lieu of long service leave that
accrues before 1 July 2011.