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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Statutes Amendment (Boards and Committees—Abolition
and Reform) Bill 2014
A BILL FOR
An Act to provide for the abolition or reform of various boards, committees
and other bodies; to streamline processes relating to various boards, committees
and other bodies; and for other purposes.
Contents
Part 1—Preliminary
1Short
title
2Commencement
3Amendment provisions
Part 2—Amendment of Adelaide Dolphin
Sanctuary Act 2005
4Amendment of section
3—Interpretation
5Amendment of section 9—Administration of
Act to achieve objects and objectives
6Amendment of section 11—ADS Management
Plan
7Substitution of heading to Part 3 Division
3
Division 3—Functions of Parks and
Wilderness Council under this Act
8Repeal of sections 12 to 16
9Amendment of
section 17—Functions of Parks and Wilderness Council under this
Act
10Repeal of sections 18 to 21
11Amendment of
section 22—ADS Fund
12Amendment of section
55—Regulations
13Transitional provision
Part 3—Amendment of Animal Welfare
Act 1985
14Amendment of section
3—Interpretation
15Repeal of Part 2
16Amendment of
section 23—Animal ethics committees
17Amendment of section
24—Procedure
18Amendment of section 25—Functions of
animal ethics committees
19Amendment of section
44—Regulations
20Transitional provisions
Part 4—Amendment of ANZAC Day
Commemoration Act 2005
21Amendment of section 6—Membership of
Council
22Amendment of section 7—Terms and
conditions of membership
23Amendment of section 8—Presiding
member
24Amendment of section
10—Remuneration
25Amendment of section 11—Functions of
Council
26Amendment of section 13—Staff
27Amendment of
section 14—Annual report
28Amendment of section 18—Restriction on
public sports and entertainment before 12 noon on ANZAC Day
Part 5—Amendment of Aquaculture
Act 2001
29Amendment of section
3—Interpretation
30Amendment of section 12—Procedure for
making policies
31Repeal of Part 10 Division
2
32Transitional provision
Part 6—Amendment of Botanic Gardens
and State Herbarium Act 1978
33Amendment of section 7—Constitution
of Board
34Amendment of section 8—Terms and
conditions of office
Part 7—Amendment of Classification of
Theatrical Performances Act 1978
35Amendment of section
4—Interpretation
36Repeal of Part 2
37Amendment of
section 10—Application for classification
38Amendment of section
11—Criteria to be applied by Council
39Amendment of section
12—Classification of theatrical performances
40Amendment of section
13—Conditions in respect of theatrical performances
41Amendment of
section 14—Powers of Council
42Amendment of section
15—Notice
43Amendment of section 16—Penalty for
breach of condition
44Amendment of section 17—Places where
restricted theatrical performances may take place
45Amendment of section
19—Certain actions not to constitute offences
46Amendment of section
20—Evidentiary provision
47Amendment of section 21—Power to enter
and view performance
48Transitional provisions
Part 8—Amendment of Coast Protection
Act 1972
49Amendment of section
4—Interpretation
50Amendment of section 8—Membership of
Board
51Amendment of section 11—Allowances and
expenses
52Repeal of sections 15 to 17
53Amendment of
section 18—Advisory committees
54Amendment of section
37—Regulations
Part 9—Amendment of Correctional
Services Act 1982
55Amendment of section
4—Interpretation
56Repeal of Part 2 Division 2
57Transitional
provision
Part 10—Amendment of Dog and Cat
Management Act 1995
58Amendment of section 12—Composition of
Board
59Amendment of section 13—Deputies of
members
60Amendment of section 14—Conditions of
membership
61Amendment of section
16—Remuneration
Part 11—Amendment of Dog Fence
Act 1946
62Amendment of section 6—Members of
board
63Amendment of section 11—Casual
vacancies
64Amendment of section 12—Dismissal of
member
Part 12—Amendment of Emergency
Management Act 2004
65Amendment of section
3—Interpretation
66Amendment of section 6—Establishment of
State Emergency Management Committee
67Substitution of section
7
7Application of Public
Sector (Honesty and Accountability) Act
68Amendment of section
38—Regulations
Part 13—Amendment of Fire and
Emergency Services Act 2005
69Amendment of section 71—State
Bushfire Coordination Committee
70Amendment of section 73—State Bushfire
Management Plan
Part 14—Amendment of Fisheries
Management Act 2007
71Amendment of section
3—Interpretation
72Amendment of section 7—Objects of
Act
73Amendment of section
10—Delegation
74Repeal of Part 3 Division 2
75Amendment of
section 20—Establishment of committees
76Amendment of section
42—Preparation of management plans
77Amendment of section 43—General
nature and content of management plans
78Amendment of section 44—Procedure for
preparing management plans
79Amendment of section 49—Review of
management plans
80Transitional
provisions
Part 15—Amendment of Gaming Machines
Act 1992
81Amendment of section
73B—Charitable and Social Welfare Fund
82Transitional
provisions
Part 16—Amendment of Gas
Act 1997
83Amendment of section 16—Technical
advisory committee
Part 17—Amendment of Genetically
Modified Crops Management Act 2004
84Amendment of section
9—Membership of Advisory Committee
85Amendment of section 10—Terms and
conditions of membership
Part 18—Amendment of Health and
Community Services Complaints Act 2004
86Amendment of section
4—Interpretation
87Repeal of Part 8
88Amendment of section
75—Preservation of confidentiality
89Transitional
provision
Part 19—Amendment of Health Care
Act 2008
90Amendment of long title
91Amendment of
section 3—Interpretation
92Repeal of Part 3
93Repeal of section
101
94Repeal of Schedule 1
95Amendment of
Schedule 2—Health Advisory Councils
96Transitional
provision
Part 20—Amendment of Health Services
Charitable Gifts Act 2011
97Amendment of section
24—Advisory committees
98Transitional
provision
Part 21—Amendment of Heritage Places
Act 1993
99Amendment of section 5—Composition of
Council
100Amendment of section 6—Conditions of
membership
101Amendment of section 7—Proceedings of
Council
102Amendment of section
7A—Committees
103Amendment of section
9—Remuneration
Part 22—Amendment of Local
Government Act 1999
104Amendment of section
4—Interpretation
105Amendment of section 11—General
provisions relating to proclamations
106Amendment of section 12—Composition
and wards
107Substitution of heading to Chapter 3 Part
2
108Repeal of Chapter 3 Part 2
Divisions 1 and 2
109Amendment of section
26—Principles
110Amendment of section
27—Council initiated proposals
111Amendment of section 28—Public
initiated submissions
112Substitution of Chapter 3 Part 2 Division
6
Division 6—Submissions of proposals to
Governor
29Submissions of
proposals to Governor
113Amendment of section 30—Report if
proposal rejected
114Amendment of section 31—Report if
proposal submitted to poll
115Amendment of section 32—Provision of
reports to councils
116Amendment of section 34—Error or
deficiency in address, recommendation, notice or proclamation
117Amendment of
section 303—Regulations
118Amendment of Schedule
1A—Implementation of Stormwater Management Agreement
119Amendment of
Schedule 5—Documents to be made available by councils
120Transitional
provisions
Part 23—Amendment of Marine Parks
Act 2007
121Amendment of section
3—Interpretation
122Amendment of heading to Part 4 Division
2
123Repeal of sections 24 to 28
124Repeal of
section 30
125Amendment of section
63—Regulations
126Transitional provision
Part 24—Amendment of Motor Vehicles
Act 1959
127Amendment of section
5—Interpretation
128Repeal of section 98Y
129Substitution
of section 98Z
98ZReview by
Registrar
130Amendment of section 98ZA—Appeal to
District Court
131Transitional provisions
Part 25—Amendment of National Parks
and Wildlife Act 1972
132Amendment of section
5—Interpretation
133Amendment of section 11—Wildlife
Conservation Fund
134Amendment of section
12—Delegation
135Substitution of Part 2 Division 2, 2A and
2B
Division 2—The Parks and Wilderness
Council
15Establishment and membership
of the Council
16Terms and conditions of
membership
17Remuneration
18Vacancies or defects in appointment of
members
19Direction
and control of the Minister
19AProceedings of the
Council
19BConflict
of interest under Public Sector (Honesty and Accountability)
Act
19CFunctions of
the Council
19DAnnual
report
136Amendment of section 38—Management
plans
137Amendment of section
45A—Interpretation and application
138Amendment of section
45B—Development Trusts
139Repeal of section 45BA
140Amendment of
section 45F—Functions of Trust
141Amendment of heading to Part 3A Division
2
142Amendment of section 45M—Establishment
of Fund
143Amendment of section 45N—Investment of
the fund
144Amendment of section 45O—Accounts and
auditing
145Insertion of Schedules 12 and
13
Schedule 12—Dissolution of General
Reserves Trust
1Interpretation
2Dissolution of General Reserves
Trust
3Vesting of
property etc in Minister
Schedule 13—Transitional provision
relating to Statutes Amendment (Boards and Committees—Abolition and
Reform) Act 2014
1Transitional regulations
146Transitional
provision
Part 26—Amendment of Native
Vegetation Act 1991
147Amendment of section 8—Membership of
Council
148Amendment of section 9—Conditions of
office
149Amendment of section 10—Allowances and
expenses
150Amendment of section
16—Staff
151Amendment of section 25—Guidelines for
application of assistance and management of native vegetation
152Amendment of
section 29—Provisions relating to consent
153Amendment of Schedule
2—Transitional provisions
Part 27—Amendment of Natural
Resources Management Act 2004
154Amendment of section
3—Interpretation
155Amendment of section 10—Functions of
Minister
156Repeal of Chapter 3 Part 2
157Amendment of
section 22—Establishment of regions
158Amendment of section
23—Establishment of boards
159Amendment of section 25—Composition of
boards
160Amendment of section 26—Conditions of
membership
161Amendment of section 27—Allowances and
expenses
162Amendment of section 29—Functions of
boards
163Amendment of section 30—General
powers
164Amendment of section
35—Committees
165Amendment of section 39—Specific
reports
166Repeal of section 40
167Amendment of
section 45—Establishment of areas
168Amendment of section
48—Composition of NRM groups
169Amendment of section 74—State NRM
Plan
170Amendment of section 75—Regional NRM
plans
171Amendment of section 79—Preparation of
plans and consultation
172Amendment of section 80—Submission of
plan to Minister
173Amendment of section 81—Review and
amendment of plans
174Amendment of section 95—Imposition of
levy by councils
175Amendment of section 122—Special
provisions relating to land
176Amendment of section 129—Activities
not requiring a permit
177Repeal of section 228
178Amendment of
Schedule 1—Provisions relating to regional NRM boards and NRM
groups
179Amendment of Schedule 4—Repeals and
transitional provisions
180Transitional provision
Part 28—Amendment of Office for the
Ageing Act 1995
181Amendment of long title
182Repeal of
Part 3
183Transitional
provision
Part 29—Amendment of Opal Mining
Act 1995
184Amendment of section 43—Registration
of agreement
Part 30—Amendment of Pastoral Land
Management and Conservation Act 1989
185Amendment of section
3—Interpretation
186Amendment of section 5—Duty of
Minister
187Amendment of section 9—Pastoral Land
Management Fund
188Amendment of section 10—Power of
Minister to delegate
189Repeal of Part 3 Division 2
190Amendment of
section 19—Grant of leases
191Amendment of section 20—Assessment of
land prior to grant of lease
192Amendment of section 22—Conditions of
pastoral leases
193Amendment of section
23—Rent
194Amendment of section 24—Term of
pastoral leases
195Amendment of section 25—Assessment of
land
196Repeal of sections 25A and 25B
197Amendment of
section 26—Extension of term of pastoral leases and variation of
conditions
198Amendment of section 31—Alteration of
boundaries
199Amendment of section 31A—Variation of
land subject to lease
200Amendment of section 33—Abandonment of
land
201Amendment of section 35—Penalties for
late payment of rent
202Amendment of section
36—Waiver
203Amendment of section 37—Cancellation
of lease or imposition of fine on breach of conditions
204Amendment of section
38—Cancellation of pastoral lease obtained by false statement
205Amendment of
section 40—Notice of adverse action to be given to holders of registered
interests or caveats
206Amendment of section 41—Property
plans
207Amendment of section 42—Verification
of stock levels
208Amendment of section 43—Notices to
destock or take other action
209Amendment of section 44—Reference
areas
210Amendment of section 45—Establishment
of public access routes and stock routes
211Amendment of section 52—Powers
and procedures of the Tribunal
212Amendment of section 58—Notice to be
given of cattle muster
213Amendment of section 59—Right to take
water
214Amendment of section 61—Powers of
entry etc
215Amendment of section 66—Certain debts
are charges over leases
216Amendment of Schedule—Transitional
provisions
Part 31—Amendment of Phylloxera and
Grape Industry Act 1995
217Amendment of section
3—Interpretation
218Amendment of section 5—Constitution of
Board
219Repeal of Part 2 Division
2
220Amendment of section
26—Report
221Insertion of section
28
28Power of
delegation
222Amendment of section
30—Regulations
223Transitional
provision
Part 32—Amendment of Public
Employees Housing Act 1987
224Repeal of section 5
225Transitional
provision
Part 33—Amendment of SACE Board of
South Australia Act 1983
226Amendment of Schedule 1—Designated
entities
Part 34—Amendment of South
Australian Forestry Corporation Act 2000
227Amendment of section
4—Interpretation
228Amendment of section 9—Common seal and
execution of documents
229Substitution of section
10
10Establishment of
board
230Amendment of section 11—Conditions of
membership
231Amendment of section 14—Board
proceedings
Part 35—Amendment of South
Australian Housing Trust Act 1995
232Amendment of section
18—Committees
233Transitional
provision
Part 36—Amendment of South
Australian Motor Sport Act 1984
234Amendment of Long title
235Amendment of
section 3—Interpretation
236Substitution of heading to Part 2
237Repeal of
Part 2 Division 1
238Repeal of heading to Part 2 Division
2
239Amendment of section 10—Functions and
powers of Commission
240Amendment of section
10AA—Non-application of Government Business Enterprises (Competition)
Act 1996
241Repeal of section 10A
242Amendment of
section 11—Commission may control and charge fee for filming etc from
outside circuit
243Repeal of section 12
244Repeal of
Part 2 Divisions 3 and 4
245Amendment of section 20—Minister may
make certain declarations
246Amendment of section 21—Commission to
have care, control etc of declared area for relevant declared period
247Amendment of
section 22—Commission to have power to enter and carry out works etc on
declared area
248Amendment of section 23—Commission to
consult and take into account representations of persons affected by
operations
249Amendment of section 24—Certain land
taken to be lawfully occupied by Commission
250Amendment of section
25—Non-application of certain laws
251Amendment of section 26—Plans of
proposed works to be available for public inspection
252Amendment of section
27—Power to remove vehicles left unattended within declared
area
253Amendment of section 27AB—Application
of sections 27B and 27C
254Repeal of section 28
255Amendment of
section 28AA—Declaration of official titles
256Amendment of section
28A—Special proprietary interests
257Amendment of section 28B—Seizure
and forfeiture of goods
258Repeal of section 29
259Amendment of
section 30—Regulations
260Insertion of Schedule 1
Schedule 1—Transitional
provisions
1Interpretation
2Dissolution of
Board
3Staff
4Vesting of property etc in
Commission
5Regulations
Part 37—Amendment of South
Australian Multicultural and Ethnic Affairs Commission
Act 1980
261Amendment of section 6—Constitution of
Commission
262Amendment of section 7—Remuneration of
members
263Amendment of section 8—Removal from
and vacancies of office
Part 38—Amendment of South
Australian Tourism Commission Act 1993
264Amendment of section
3—Object
265Amendment of section
4—Interpretation
266Amendment of section
5—Establishment of Commission
267Substitution of Part 2 Divisions 2, 3 and
4
Division 2—Constitution of
Commission
6Constitution of
Commission
7Acting
CEO
8Ministerial
control
Division
3—CEO
9Conditions of
appointment
10Saving
provision
11Delegation
12Staff and resources
268Amendment of
section 19—Functions of Commission
269Amendment of section 20—Powers of
Commission
270Amendment of section 25—Protection of
names
271Amendment of section
26—Regulations
272Transitional provisions
Part 39—Amendment of South Eastern
Water Conservation and Drainage Act 1992
273Repeal of section
29
274Amendment of section 31—Advisory
committees
275Amendment of section 32—Terms and
conditions of office
276Transitional provision
Part 40—Amendment of State Lotteries
Act 1966
277Amendment of section
3—Interpretation
278Amendment of section
4—Constitution of Commission
279Amendment of section 5—Term of office
of Commissioner
280Substitution of sections 6 and
7
6Removal from
office
281Amendment of section 8—Vacancy in
office of Commissioner
282Substitution of section
9
9Acting
Commissioner
283Amendment of section 11—Validity of
acts of Commission
284Repeal of section 12
285Insertion of
section 18C
18CTax and
other liabilities of Commission
286Amendment of section
19—Offences
287Amendment of section
20—Regulations
288Transitional provision
Part 41—Amendment of Supported
Residential Facilities Act 1992
289Amendment of section
3—Interpretation
290Repeal of Part 3
Division 2
291Repeal of section
19
292Amendment of section 25—Matters to be
considered in granting a licence
293Amendment of section 29—Licence
conditions
294Amendment of section
57—Regulations
295Transitional provisions
Part 42—Amendment of Training and
Skills Development Act 2008
296Amendment of section
4—Interpretation
297Amendment of section 10—Functions of
Commission
298Repeal of Part 2 Division
3
299Repeal of section 68
300Amendment of
section 79—Regulations
301Repeal of Schedule
1
302Transitional
provisions
Part 43—Amendment of Urban Renewal
Act 1995
303Amendment of section
7—Committees and subcommittees
304Transitional
provision
Part 44—Amendment of Wilderness
Protection Act 1992
305Amendment of section
3—Interpretation
306Amendment of heading to Part 2 Division
2
307Repeal of sections 8 to 10
308Amendment of
section 11—Functions of Parks and Wilderness Council under this
Act
309Amendment of section 12—Wilderness
code of management
310Amendment to section 13—Appointment of
wardens
311Amendment of section 22—Constitution
of wilderness protection areas and wilderness protection zones
312Amendment of
section 28—Control and administration of wilderness protection areas and
zones
313Repeal of section 30
314Amendment of
section 31—Plans of management
315Amendment of section 33A—Co-management
of wilderness protection areas or zones
316Amendment of section 38A—Entrance
fees etc for wilderness protection areas or zones
317Amendment of section
41—Regulations
318Transitional provision
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Statutes Amendment (Boards and
Committees—Abolition and Reform) Act 2014.
(1) Subject to
subsection (2), this
Act will come into operation on a day to be fixed by proclamation.
(2)
Section 80(1) to
(3) (inclusive) will come
into operation on the day on which this Act is assented to by the
Governor.
(3) Section 7(5) of the Acts
Interpretation Act 1915 does not apply to this Act or a provision
of this Act.
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 Adelaide Dolphin Sanctuary
Act 2005
4—Amendment
of section 3—Interpretation
(1) Section 3(1), definition of ADS Advisory
Board—delete the definition
(2) Section 3(1)—after the definition of implementation
program insert:
Parks and Wilderness Council means the Parks and Wilderness
Council established under the
National
Parks and Wildlife Act 1972;
5—Amendment
of section 9—Administration of Act to achieve objects and
objectives
Section 9—delete "the ADS Advisory Board" and substitute:
the Parks and Wilderness Council
6—Amendment
of section 11—ADS Management Plan
(1) Section 11(5)(b)—delete "the ADS Advisory Board" and
substitute:
the Parks and Wilderness Council
(2) Section 11(7)(a)—delete "the ADS Advisory Board" and
substitute:
the Parks and Wilderness Council
7—Substitution
of heading to Part 3 Division 3
Heading to Part 3 Division 3—delete the heading and
substitute:
Division 3—Functions of Parks and Wilderness
Council under this Act
Sections 12 to 16 (inclusive)—delete the sections
9—Amendment
of section 17—Functions of Parks and Wilderness Council under this
Act
Section 17—delete "Board" wherever occurring and substitute in each
case:
Parks and Wilderness Council
10—Repeal
of sections 18 to 21
Sections 18 to 21 (inclusive)—delete the sections
11—Amendment
of section 22—ADS Fund
Section 22(5)—delete "ADS Advisory Board" and substitute:
Parks and Wilderness Council
12—Amendment
of section 55—Regulations
Section 55—after subsection (2) insert:
(3) The Governor
may, by regulation, make additional provisions of a saving or transitional
nature consequent on the enactment of the Statutes
Amendment (Boards and Committees—Abolition and Reform)
Act 2014.
(4) A provision of
a regulation made under
subsection (3)
may, if the regulation so provides, take effect from the commencement of this
subsection or from a later day.
(5) To the extent to which a provision takes effect under
subsection (4)
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.
A member of the Adelaide Dolphin Sanctuary Advisory Board ceases to hold
office on the commencement of this section.
Part 3—Amendment
of Animal Welfare
Act 1985
14—Amendment
of section 3—Interpretation
(1) Section 3—after the definition of animal
insert:
animal ethics committee means—
(a) an animal ethics committee established under section 23;
or
(b) a body approved by the Minister as an animal ethics committee for the
purposes of this Act;
(2) Section 3, definition of the Committee—delete the
definition
Part 2—delete Part 2
16—Amendment
of section 23—Animal ethics committees
(1) Section
23(1)—delete subsection (1)
(2) Section 23(3), (4) and (5)—delete "Minister" wherever occurring
and substitute in each case:
licensee
(3) Section 23(6)—delete subsections (6) and (7) and
substitute:
(6) A member of an animal ethics committee is appointed on such terms and
conditions as may be determined by the licensee.
17—Amendment
of section 24—Procedure
Section 24(1)—delete subsection (1) and substitute:
(1) The quorum of an animal ethics committee established under this Act
consists of 5 members of whom—
(a) 1 must be a member appointed under section 23(3)(a);
and
(b) 1 must be a member appointed under section 23(3)(b);
and
(c) 1 must be a member appointed under section 23(3)(c);
and
(d) 1 must be a member appointed under section 23(3)(d);
and
(e) 1 must be a member appointed under
section 23(3)(e).
18—Amendment
of section 25—Functions of animal ethics committees
Section 25(1)(e)—delete "the Minister with"
19—Amendment
of section 44—Regulations
Section 44—after subsection (5) insert:
(6) The Governor
may, by regulation, make additional provisions of a saving or transitional
nature consequent on the enactment of the Statutes
Amendment (Boards and Committees—Abolition and Reform)
Act 2014.
(7) A provision of
a regulation made under
subsection (6)
may, if the regulation so provides, take effect from the commencement of this
subsection or from a later day.
(8) To the extent to which a provision takes effect under
subsection (7)
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.
(1) In this section—
principal Act means the Animal
Welfare Act 1985;
relevant date means the day on which
section 16(1) of
this Act comes into operation.
(2) A member of the Animal Welfare Advisory Committee ceases to hold
office on the commencement of this subsection.
(3) Despite
section 16(1) of
this Act, an animal ethics committee established by the Minister under
section 23 of the principal Act and in existence immediately before the
relevant date continues as an animal ethics committee for the purposes of the
principal Act until a date determined by the Minister (and the provisions of
Part 4 Division 2 of the principal Act as in force immediately before
the relevant date will continue to apply in relation to the
committee).
Part 4—Amendment
of ANZAC Day Commemoration
Act 2005
21—Amendment
of section 6—Membership of Council
(1) Section 6(1)—delete "Governor on the nomination of the Premier
made" and substitute:
Minister
(2) Section 6(2)—delete "Premier must, as far as practicable,
nominate equal numbers of men and women for appointment" and
substitute:
Minister must, as far as practicable, appoint equal numbers of men and
women
22—Amendment
of section 7—Terms and conditions of membership
(1) Section 7(1)—delete "Governor" and substitute:
Minister
(2) Section 7(2)—delete "Governor" and substitute:
Minister
(3) Section 7(3)—delete "Governor" and substitute:
Minister
(4) Section 7(4)(c)—delete "Premier" and substitute:
Minister
(5) Section 7(5)—delete "Governor" and substitute:
Minister
23—Amendment
of section 8—Presiding member
Section 8—delete "Premier" and substitute:
Minister
24—Amendment
of section 10—Remuneration
Section 10—delete "Governor" and substitute:
Minister
25—Amendment
of section 11—Functions of Council
Section 11(b)—delete "Premier" and substitute:
Minister
26—Amendment
of section 13—Staff
Section 13(1)—delete "Premier" and substitute:
Minister
27—Amendment
of section 14—Annual report
(1) Section 14(1)—delete "Premier" and substitute:
Minister
(2) Section 14(3)—delete "Premier" and substitute:
Minister
28—Amendment
of section 18—Restriction on public sports and entertainment before
12 noon on ANZAC Day
(1) Section 18(1)—delete "Premier" and substitute:
Minister
(2) Section 18(3)—delete "Premier" and substitute:
Minister
(3) Section 18(4)—delete "Premier" wherever occurring and substitute
in each case:
Minister
(4) Section 18(5)(a)—delete "Premier" wherever occurring and
substitute in each case:
Minister
(5) Section 18(6)—delete "Premier" and substitute:
Minister
Part 5—Amendment
of Aquaculture
Act 2001
29—Amendment
of section 3—Interpretation
Section 3, definition of AAC—delete the
definition
30—Amendment
of section 12—Procedure for making policies
(1) Section 12(2)—delete subsection (2)
(2) Section 12(6) and (7)—delete subsections (6) and (7)
and substitute:
(6) After considering all matters raised as a result of consultation under
subsection (5), the Minister may—
(a) by notice in the Gazette, approve the draft policy; or
(b) alter the draft policy as the Minister thinks fit and, by notice in
the Gazette, approve the draft policy as altered; or
(c) decline to approve the draft policy.
31—Repeal
of Part 10 Division 2
Part 10 Division 2—delete Division 2
A member of the Aquaculture Advisory Committee ceases to hold office on the
commencement of this section.
Part 6—Amendment
of Botanic Gardens and State Herbarium
Act 1978
33—Amendment
of section 7—Constitution of Board
Section 7—delete "Governor" and substitute:
Minister
34—Amendment
of section 8—Terms and conditions of office
Section 8—delete "Governor" wherever occurring and substitute in each
case:
Minister
Part 7—Amendment
of Classification of Theatrical Performances
Act 1978
35—Amendment
of section 4—Interpretation
(1) Section 4, definition of the Board—delete the
definition
(2) Section 4—after the definition of child
insert:
Council means the South Australian Classification Council
established under the
Classification
(Publications, Films and Computer Games) Act 1995;
(3) Section 4, definition of restricted theatrical
performance—delete the definition and substitute:
Registrar means the Registrar of the Council;
restricted theatrical performance—see
section 12(2);
Part 2—delete Part 2
37—Amendment
of section 10—Application for classification
(1) Section 10(1)—delete "Board" and substitute:
Council
(2) Section 10(2)—delete "Board" and substitute:
Council
38—Amendment
of section 11—Criteria to be applied by Council
(1) Section 11(1)—delete "Board" and substitute:
Council
(2) Section 11(2)—delete "Board" and substitute:
Council
39—Amendment
of section 12—Classification of theatrical
performances
(1) Section 12(1)—delete "Board" and substitute:
Council
(2) Section 12(2)—delete "Board" and substitute:
Council
(3) Section 12(3)—delete "Board" and substitute:
Council
40—Amendment
of section 13—Conditions in respect of theatrical
performances
(1) Section 13(1)—delete "Board" wherever occurring and substitute
in each case:
Council
(2) Section 13(2)—delete "Board" and substitute:
Council
41—Amendment
of section 14—Powers of Council
(1) Section 14(1)—delete "Board" wherever occurring and substitute
in each case:
Council
(2) Section 14(2)—delete "Board" wherever occurring and substitute
in each case:
Council
(3) Section 14(3)—delete "Board" and substitute:
Council
42—Amendment
of section 15—Notice
Section 15(1)—delete "Board" and substitute:
Council
43—Amendment
of section 16—Penalty for breach of condition
Section 16—delete "Board" and substitute:
Council
44—Amendment
of section 17—Places where restricted theatrical performances may take
place
Section 17(1)—delete "Board" and substitute:
Council
45—Amendment
of section 19—Certain actions not to constitute
offences
Section 19(1)—delete "Board" wherever occurring and substitute in
each case:
Council
46—Amendment
of section 20—Evidentiary provision
Section 20—delete "Board" wherever occurring and substitute in each
case:
Council
47—Amendment
of section 21—Power to enter and view performance
Section 21(2)—delete "Board" wherever occurring and substitute in
each case:
Council
(1) In this section—
Board has the same meaning as in the principal Act as in
force immediately before the relevant day;
principal Act means Classification
of Theatrical Performances Act 1978;
relevant day means the day on which
section 36 of this
Act comes into operation.
(2) A request for classification in relation to a theatrical performance
made by a person under section 10 of the principal Act but not yet
determined by the Board immediately before the relevant day will, on the
relevant day, be taken to be a request for classification by the Council under
that section.
(3) A classification by the Board in relation to a theatrical performance
under section 12 of the principal Act and in force immediately before the
relevant day will, on the relevant day, be taken to be a classification by the
Council under that section in relation to that performance.
(4) A decision by the Board to refrain from assigning a classification to
a theatrical performance made under section 12 of the principal Act and in
force immediately before the relevant day will, on the relevant day, be taken to
be a decision by the Council under that section in relation to that
performance.
(5) A condition imposed by the Board under section 13 of the
principal Act in respect of a theatrical performance and in force immediately
before the relevant day will, on the relevant day, be taken to be a condition
imposed by the Council under that section in respect of that
performance.
(6) An approval by the Board of a theatre under section 17(1) of the
principal Act and in force immediately before the relevant day will, on the
relevant day, be taken to be an approval by the Council of the theatre under
that section.
(7) A member of the Board ceases to hold office on the commencement of
this subsection.
Part 8—Amendment
of Coast Protection
Act 1972
49—Amendment
of section 4—Interpretation
(1) Section 4, definition of appointed member—delete
"by the Governor"
(2) Section 4, definition of consultative
committee—delete the definition
50—Amendment
of section 8—Membership of Board
Section 8—delete "Governor" wherever occurring and substitute in each
case:
Minister
51—Amendment
of section 11—Allowances and expenses
Section 11—delete "Governor" and substitute:
Minister
52—Repeal
of sections 15 to 17
Sections 15 to 17 (inclusive)—delete the sections
53—Amendment
of section 18—Advisory committees
Section 18—after subsection (2) insert:
(3) The Board must, in acting under this section, comply with any
guidelines issued by the Minister for the purposes of this section (which may
include a requirement for the approval of the Minister before a Committee, or
Committee of a specified class, may be established under
subsection (1)).
54—Amendment
of section 37—Regulations
Section 37(2)(a)—delete "and consultative committees"
Part 9—Amendment
of Correctional Services
Act 1982
55—Amendment
of section 4—Interpretation
Section 4(1), definition of the Advisory Council—delete
the definition
56—Repeal
of Part 2 Division 2
Part 2 Division 2—delete Division 2
A member of the Correctional Services Advisory Council ceases to hold
office on the commencement of this section.
Part 10—Amendment
of Dog and Cat Management
Act 1995
58—Amendment
of section 12—Composition of Board
Section 12(1) and (3)—delete "Governor" wherever occurring and
substitute in each case:
Minister
59—Amendment
of section 13—Deputies of members
Section 13(1)—delete "Governor" and substitute:
Minister
60—Amendment
of section 14—Conditions of membership
(1) Section 14(1)(a)—delete "Governor" and substitute:
Minister
(2) Section 14(2)—delete subsection (2) and substitute:
(2) The Minister may at any time remove a member of the Board from office
after consultation with the LGA.
61—Amendment
of section 16—Remuneration
Section 16—delete "Governor" and substitute:
Minister
Part 11—Amendment
of Dog Fence
Act 1946
62—Amendment
of section 6—Members of board
(1) Section 6(1)—after "members" insert:
appointed by the Minister
(2) Section 6(1)—delete "appointed by the Governor on the nomination
of" wherever occurring and substitute in each case:
nominated by
(3) Section 6(1)(b)—delete "South Australian Farmers Federation Inc"
and substitute:
Primary Producers SA Incorporated
(4) Section 6(1)(c)—delete "NRM Council" and substitute:
Minister responsible for the administration of the Natural
Resources Management Act 2004
(5) Section 6(3)—delete subsection (3)
63—Amendment
of section 11—Casual vacancies
Section 11(2)—delete "Governor" wherever occurring and substitute in
each case:
Minister
64—Amendment
of section 12—Dismissal of member
Section 12—delete "Governor" wherever occurring and substitute in
each case:
Minister
Part 12—Amendment
of Emergency Management
Act 2004
65—Amendment
of section 3—Interpretation
Section 3, definition of appointed member—delete the
definition
66—Amendment
of section 6—Establishment of State Emergency Management
Committee
Section 6(2) to (6)—delete subsections (2) to (6) (inclusive) and
substitute:
(2) The Minister must prepare guidelines (the SEMC membership
guidelines) setting out—
(a) the members of SEMC (other than the members referred to in
subsection (4)(a)(i)
and
(ii)) who will hold
office ex officio; and
(b) in the case of members appointed to SEMC by the presiding officer
(appointed members)—
(i) the qualifications and expertise of those members; and
(ii) procedural matters governing the appointment of those members;
and
(c) the terms and conditions under which members will hold office,
including—
(i) the term of office of appointed members and their eligibility for
reappointment; and
(ii) conditions of membership of appointed members; and
(iii) allowances and expenses of members; and
(iv) removal of appointed members; and
(v) circumstances under which the office of an appointed member becomes
vacant; and
(d) any other prescribed matters.
(3) The SEMC membership guidelines must be published in a manner and form
determined by the Minister.
(a) the following
persons, who will hold office ex officio:
(i) the presiding
member, being the person for the time being holding or acting in the position of
chief executive of the administrative unit that has, subject to the Minister,
responsibility for administering this Act; and
(ii) the State
Co-ordinator; and
(iii) such other persons specified in the SEMC membership guidelines as in
force from time to time as members who will hold office ex officio;
and
(b) at least 2, but not more than 4, persons appointed by the
presiding member in accordance with the SEMC membership guidelines as in force
from time to time.
(5) A member of SEMC may appoint a suitable person to be the member's
deputy and that person may, in the absence of that member, act as a member of
SEMC.
(6) Members of SEMC will hold office on terms and conditions set out in
the SEMC membership guidelines as in force from time to time.
Section 7—delete the section and substitute:
7—Application of Public Sector (Honesty and
Accountability) Act
The Public
Sector (Honesty and Accountability) Act 1995 applies to the members
of SEMC as if the committee were an advisory body and the Minister responsible
for the administration of this Act were the relevant Minister.
68—Amendment
of section 38—Regulations
Section 38—after subsection (2) insert:
(3) The Governor may,
by regulation, make additional provisions of a saving or transitional nature
consequent on the enactment of the Statutes
Amendment (Boards and Committees—Abolition and Reform)
Act 2014.
(4) A provision of a
regulation made under
subsection (3) may,
if the regulation so provides, take effect from the commencement of this
subsection or from a later day.
(5) To the extent to which a provision takes effect under
subsection (4) 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.
Part 13—Amendment
of Fire and Emergency Services
Act 2005
69—Amendment
of section 71—State Bushfire Coordination Committee
(1) Section 71(2)(b)—after subparagraph (ix) insert:
(ixa) 1 officer of the administrative unit of the Public Service primarily
responsible for assisting the relevant Minister in the administration of the
Natural
Resources Management Act 2004, nominated by the Chief Executive of
that administrative unit;
(2) Section 71(2)(b)(xvi)—delete subparagraph (xvi)
(3) Section 71(2)(b)(xvii)—delete "South Australian Farmers
Federation Incorporated" and substitute:
Primary Producers SA Incorporated
70—Amendment
of section 73—State Bushfire Management Plan
(1) Section 73(7)(b)(v)—delete subparagraph (v) and
substitute:
(v) the Minister responsible for the administration of the Natural
Resources Management Act 2004; and
(2) Section 73(7)(b)(vi)—delete "South Australian Farmers Federation
Incorporated" and substitute:
Primary Producers SA Incorporated
Part 14—Amendment
of Fisheries Management
Act 2007
71—Amendment
of section 3—Interpretation
Section 3(1), definition of Fisheries Council or
Council—delete the definition
72—Amendment
of section 7—Objects of Act
Section 7(4)—delete ", the Council"
73—Amendment
of section 10—Delegation
Section 10(1)—delete subsection (1) and substitute:
(1) The Minister may delegate a function or power of the Minister under
this Act (other than this power of delegation) to the Director or any other
person or body (including a person for the time being holding or acting in a
specified office or position).
74—Repeal
of Part 3 Division 2
Part 3 Division 2—delete Division 2
75—Amendment
of section 20—Establishment of committees
(1) Section 20(1) to (3)—delete subsections (1) to (3)
(inclusive) and substitute:
(1) The Minister may establish committees to provide advice to the
Minister on any matter related to the administration of this Act.
(2) The members of a committee established under this section will be
appointed by the Minister and hold office for a term and on conditions
determined by the Minister.
(2) Section 20(6)—delete subsection (6)
76—Amendment
of section 42—Preparation of management plans
Section 42—delete "The Council must, if required by the Minister,"
and substitute:
The Minister may
77—Amendment
of section 43—General nature and content of management
plans
(1) Section 43(1)(f)(i)—delete subparagraph (i) and
substitute:
(i) the advice of any committee established by the Minister for that
purpose; and
(2) Section 43(3)—delete "at the time the Minister requested the
Council to prepare the plan" and substitute:
at the time the Minister decided to prepare the plan
78—Amendment
of section 44—Procedure for preparing management
plans
(1) Section 44(1), (2) and (3)—delete "The Council" wherever
occurring and substitute in each case:
The Minister
(2) Section 44(3)(a)(i)—delete subparagraph (i)
(3) Section 44(3)(a)(iv)—delete "Council" and substitute:
Minister
(4) Section 44(3)(b)(iv)—delete "Council" and substitute:
Minister
(5) Section 44(4) and (5)—delete subsections (4) and (5)
and substitute:
(4) However, the Minister may, in relation to a particular draft
management plan, dispense with the requirement for the holding of a public
hearing if satisfied that it is not warranted in the circumstances.
(5) If written submissions are made in response to an advertisement
published under subsection (3)(b), a copy of those submissions must be made
available for inspection by interested persons during ordinary business hours at
an office specified by the Minister from the end of the period specified for the
making of submissions until a date determined by the Minister.
(6) Section 44(6)—delete "Council" and substitute:
Minister
(7) Section 44(7) and (8)—delete subsections (7) and (8) and
substitute:
(7) After consulting with and considering the advice of the persons and
bodies referred to in subsection (3)(a) on—
(a) the provisions of the draft management plan; and
(b) all matters raised as a result of public consultation under this
section; and
(c) any alterations that the Minister proposes should be made to the draft
management plan,
the Minister may—
(d) adopt the draft management plan; or
(e) alter the draft management plan and adopt the draft management plan as
altered; or
(f) decline to adopt the draft management plan.
(8) Section 44(12)—delete "the Council or"
79—Amendment
of section 49—Review of management plans
(1) Section 49(1) and (2)—delete "The Council" wherever occurring
and substitute in each case:
The Minister
(2) Section 49(3) and (4)—delete subsections (3) and (4)
and substitute:
(3) The Minister must prepare a report on the outcome of a review under
this section within 12 months after the commencement of the
review.
(4) The Minister must, within 12 sitting days after completing the
report, cause copies of the report to be laid before both Houses of
Parliament.
Minister means the Minister responsible for the
administration of the
Fisheries
Management Act 2007.
(2) The Fisheries Council of South Australia must, before a day fixed by
the Minister for the purposes of this subsection (if any), prepare and submit to
the Minister a report on the operations of the Council during a period
determined by the Minister.
(3) The Minister must,
within 12 sitting days after receiving a report under this section, cause a
copy of the report to be laid before both Houses of Parliament.
(4) A member of the Fisheries Council of South Australia ceases to hold
office on the commencement of this subsection.
Part 15—Amendment
of Gaming Machines
Act 1992
81—Amendment
of section 73B—Charitable and Social Welfare Fund
(1) Section 73B(3)—delete "a board that must be established by the
Minister responsible for the administration of the Family
and Community Services Act 1972 for the purpose" and
substitute:
the Minister responsible for the administration of the Family
and Community Services Act 1972
(2) Section 73B(4) and (5)—delete subsections (4) and (5)
A member of the board established under section 73B(3) of the Gaming
Machines Act 1992 as in force immediately before the commencement
of
section 81 of this
Act ceases to hold office on the commencement of this section.
Part 16—Amendment
of Gas Act 1997
83—Amendment
of section 16—Technical advisory committee
Section 16—after its present contents (now to be designated as
subsection (1)) insert:
(2) The technical advisory committee is the same committee as the
committee of that name established under Part 2 Division 4 of the
Electricity
Act 1996 and has the functions referred to in subsection (1)
in addition to its functions under that Division.
Part 17—Amendment
of Genetically Modified Crops Management
Act 2004
84—Amendment
of section 9—Membership of Advisory Committee
Section 9(1)—delete subsection (1) and substitute:
(1) The Advisory Committee consists of between 9 and 11 members
appointed by the Minister of whom—
(b) at least 1 must have appropriate knowledge of, and experience in
dealing with, issues surrounding the provision of seeds and propagating material
within the primary production sector; and
(c) at least 1 must have appropriate knowledge of, and experience in, the
production of crops generally; and
(d) at least 1 must have a particular interest in the production of crops
that are GM-free; and
(e) at least 1 must have appropriate knowledge of, and experience in, the
handling, transportation, storage and delivery of crops and associated products;
and
(f) at least 1 must have appropriate knowledge of, and experience in, the
marketing of crops and associated products; and
(g) 1 must be a person who is engaged in the administration of this Act;
and
(h) 1 must be a person who is directly involved in exporting, wholesaling
or retailing food or food products.
(1a) The Minister will appoint a member of the Advisory Committee to be
the presiding member of the committee.
85—Amendment
of section 10—Terms and conditions of membership
Section 10(1), (2) and (3)—delete "Governor" wherever occurring and
substitute in each case:
Minister
Part 18—Amendment
of Health and Community Services Complaints
Act 2004
86—Amendment
of section 4—Interpretation
Section 4(1), definition of Council—delete the
definition
Part 8—delete Part 8
88—Amendment
of section 75—Preservation of confidentiality
Section 75(2)(e)—delete paragraph (e)
A member of the Health and Community Services Advisory Council ceases to
hold office on the commencement of this section.
Part 19—Amendment
of Health Care
Act 2008
Long title—delete "the Health Performance Council and"
91—Amendment
of section 3—Interpretation
Section 3, definition of HPC—delete the
definition
Part 3—delete Part 3
Section 101—delete the section
Schedule 1—delete Schedule 1
95—Amendment
of Schedule 2—Health Advisory Councils
Schedule 2 clause 6(1)—delete ", or to assist HPC in the performance
of its functions"
A member of the Health Performance Council ceases to hold office on the
commencement of this section.
Part 20—Amendment
of Health Services Charitable Gifts
Act 2011
97—Amendment
of section 24—Advisory committees
Section 24(2) and (3)—delete subsections (2) and (3)
A member of the advisory committee established under section 24(2) of
the Health
Services Charitable Gifts Act 2011 as in force immediately before
the commencement of
section 97 of this
Act ceases to hold office on the commencement of this section.
Part 21—Amendment
of Heritage Places
Act 1993
99—Amendment
of section 5—Composition of Council
Section 5(1), (4) and (6)—delete "Governor" wherever occurring and
substitute in each case:
Minister
100—Amendment
of section 6—Conditions of membership
Section 6(2) and (3)—delete "Governor" wherever occurring and
substitute in each case:
Minister
101—Amendment
of section 7—Proceedings of Council
Section 7(1)—delete "Governor" and substitute:
Minister
102—Amendment
of section 7A—Committees
Section 7A—after subsection (3) insert:
(4) The Council must, in acting under this section, comply with any
guidelines issued by the Minister for the purposes of this section (which may
include a requirement for the approval of the Minister before a Committee, or
Committee of a specified class, may be established under
subsection (1)).
103—Amendment
of section 9—Remuneration
Section 9—delete "Governor" and substitute:
Minister
Part 22—Amendment
of Local Government
Act 1999
104—Amendment
of section 4—Interpretation
Section 4(1), definition of Panel—delete the
definition
105—Amendment
of section 11—General provisions relating to
proclamations
Section 11(1)(b)—delete paragraph (b)
106—Amendment
of section 12—Composition and wards
Section 12—delete "Panel" wherever occurring and substitute in each
case:
Minister
107—Substitution
of heading to Chapter 3 Part 2
Heading to Chapter 3 Part 2—delete the heading and
substitute:
Part 2—Reform proposals
108—Repeal
of Chapter 3 Part 2 Divisions 1 and 2
Chapter 3 Part 2 Divisions 1 and 2—delete Divisions 1 and 2
109—Amendment
of section 26—Principles
Section 26—delete "Panel" wherever occurring and substitute in each
case:
Minister
110—Amendment
of section 27—Council initiated proposals
(1) Section 27—delete "Panel" wherever occurring and substitute in
each case:
Minister
(2) Section 27(9)—delete subsection (9) and substitute:
(9) The Minister must then prepare and publish a report on the
proposal.
111—Amendment
of section 28—Public initiated submissions
(1) Section 28—delete "Panel" wherever occurring and substitute in
each case:
Minister
(2) Section 28(10)—delete "its" and substitute:
his or her
(3) Section 28(10)—delete "itself" and substitute:
himself or herself
(4) Section 28(11)(b)—delete paragraph (b)
(5) Section 28(17)—delete "its" and substitute:
his or her
(6) Section 28(25)—delete subsection (25) and substitute
(25) The Minister must, after complying with the above requirements,
prepare and publish a report on the matter.
112—Substitution
of Chapter 3 Part 2 Division 6
Chapter 3 Part 2 Division 6—delete Division 6 and
substitute:
Division 6—Submissions of proposals to
Governor
29—Submissions of proposals to
Governor
(1) The Minister
may, after publishing a report under Division 4 or 5—
(a) on the basis of the report (but subject to the result of a binding
poll under Division 5), forward to the Governor a proposal recommended by
the Minister for the making of a proclamation under this Chapter; or
(i) the Minister has undertaken consultation with various councils under
subsection (2);
and
(ii) on the basis of that consultation, and after taking into account any
other matter that the Minister thinks fit, the Minister decides that it is
appropriate to make a recommendation to the Governor in the circumstances of the
particular case; and
(iii) all councils affected by the proposal agree with the Minister's
recommendation,
forward to the Governor a proposal recommended by the Minister for the
making of a proclamation under this Chapter; or
(c) determine that a particular proposal should not further proceed under
this Chapter.
(2) For the
purposes of
subsection (1)(b),
if a report relates to a proposal under Division 4 and the report does not
recommend that the proposal proceed, the Minister may, at the request of
1 or more councils, consult with the relevant councils about the
matter.
(3) If a
proclamation providing for the constitution, amalgamation or abolition of a
council or councils, or providing for the alteration of the boundaries of a
council area or areas, is made under
subsection (1)(b),
the Governor may, by subsequent proclamation made on the recommendation of the
Minister, make provision for any related matter that may be the subject of a
separate proclamation under this Chapter.
(4) A proclamation under
subsection (1)(b)
or
(3) may be based on a
proposal or recommendation that has not been submitted, formulated or considered
under Division 4 or 5.
113—Amendment
of section 30—Report if proposal rejected
Section 30—delete "Panel" wherever occurring and substitute in each
case:
Minister
114—Amendment
of section 31—Report if proposal submitted to poll
(1) Section 31—delete "and after receiving advice from the
Panel"
(2) Section 31(b)—delete "Panel" and substitute:
Minister
115—Amendment
of section 32—Provision of reports to councils
(1) Section 32(1)—delete "Panel" first occurring and
substitute:
Minister
(2) Section 32(1)—delete "that the Panel provides a report to the
Minister" and substitute:
of publishing a report
(3) Section 32(2)—delete subsection (2)
116—Amendment
of section 34—Error or deficiency in address, recommendation, notice or
proclamation
Section 34(1)—delete ", in a recommendation of the Minister, or in a
report of the Panel" and substitute:
or in a recommendation or report of the Minister
117—Amendment
of section 303—Regulations
Section 303—after subsection (8) insert:
(8a) The Governor
may, by regulation, make additional provisions of a saving or transitional
nature consequent on the enactment of the Statutes
Amendment (Boards and Committees—Abolition and Reform)
Act 2014.
(8b) A provision of
a regulation made under
subsection (8a)
may, if the regulations so provide, take effect from the commencement of this
subsection or from a later day.
(8c) To the extent to which a provision takes effect under
subsection (8b)
from a day earlier than the day of the publication of the regulation 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.
118—Amendment
of Schedule 1A—Implementation of Stormwater Management
Agreement
(1) Schedule 1A, clause 6(1)—delete "Governor" first occurring and
substitute:
Minister
(2) Schedule 1A, clause 7(1) and (2)—delete "Governor" wherever
occurring and substitute in each case:
Minister
(3) Schedule 1A, clause 13(2)(c)—delete "Natural Resources
Management Council established under the Natural
Resources Management Act 2004" and substitute:
Minister responsible for the administration of the Natural
Resources Management Act 2004
119—Amendment
of Schedule 5—Documents to be made available by
councils
(1) Schedule 5, item commencing Reviews of council constitution, wards
and boundaries, second dot point—delete "to the Minister" and
substitute:
of the Minister
(2) Schedule 5, item commencing Reviews of council constitution, wards
and boundaries, second dot point—delete "Boundary Adjustment
Facilitation Panel" and substitute:
Minister
(1) In this section—
Minister means the Minister responsible for the
administration of the principal Act;
Panel means the Boundary Adjustment Facilitation Panel
established under the principal Act (as in existence immediately before the
commencement of
section 108 of this
Act);
principal Act means the Local
Government Act 1999.
(2) A member of the Panel ceases to hold office on the commencement of
this subsection.
(3) An exemption granted by the Panel under the principal Act and in force
immediately before the commencement of this section will, after that
commencement, be taken to be an exemption granted by the Minister.
(4) Any process or
proceeding commenced by the Panel under the principal Act before the
commencement of this section may be continued and completed by the Minister
after that commencement.
(5) The Minister may, in connection with the operation of
subsection (4)—
(a) adopt any findings, determinations, report or recommendations of the
Panel that may be relevant to the continuation or completion of any process or
proceeding by the Minister under the principal Act; and
(b) take other steps to promote the smoothest possible transition to the
Minister acting under the principal Act rather than the Panel.
Part 23—Amendment
of Marine Parks
Act 2007
121—Amendment
of section 3—Interpretation
Section 3(1), definition of Council—delete the
definition and substitute:
Council means the Parks and Wilderness Council established
under the
National
Parks and Wildlife Act 1972;
122—Amendment
of heading to Part 4 Division 2
Heading to Part 4 Division 2—delete "Marine Parks Council of South
Australia" and substitute:
Functions of Parks and Wilderness Council under this Act
123—Repeal
of sections 24 to 28
Sections 24 to 28 (inclusive)—delete the sections
Section 30—delete the section
125—Amendment
of section 63—Regulations
Section 63—after subsection (3) insert:
(4) The Governor
may, by regulation, make additional provisions of a saving or transitional
nature consequent on the enactment of the Statutes
Amendment (Boards and Committees—Abolition and Reform)
Act 2014.
(5) A provision of
a regulation made under
subsection (4)
may, if the regulation so provides, take effect from the commencement of this
subsection or from a later day.
(6) To the extent to which a provision takes effect under
subsection (5)
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.
A member of the Marine Parks Council of South Australia ceases to hold
office on the commencement of this section.
Part 24—Amendment
of Motor Vehicles
Act 1959
127—Amendment
of section 5—Interpretation
Section 5(1), definition of review committee—delete the
definition
Section 98Y—delete the section
129—Substitution
of section 98Z
Section 98Z—delete the section and substitute:
98Z—Review by Registrar
(1) A person who is
aggrieved by a decision of the Registrar under Part 2, 3, 3A, 3C or 3D
may, within 1 month of the making of the decision, apply to the Registrar
for a review of the decision.
(2) An application for a review must be made in accordance with the
regulations.
(3) If an application is made under
subsection (1),
the Registrar must review the decision to which the application
relates.
(4) The applicant must, if so required by the Registrar—
(a) appear personally before the Registrar in support of the application;
and
(b) provide any information sought by the Registrar; and
(c) verify information provided to the Registrar by statutory
declaration.
(5) The applicant may be assisted before the Registrar by an agent or
representative (not being a legal practitioner).
(6) On a review under this section, the Registrar may confirm or vary the
decision under review or set aside the decision and substitute a new
decision.
130—Amendment
of section 98ZA—Appeal to District Court
(1) Section 98ZA(1)—delete "or the review committee"
(2) Section 98ZA(2)—delete "or review committee"
(3) Section 98ZA(2)—delete "or committee"
(1) In this section—
principal Act means the Motor
Vehicles Act 1959.
(2) Despite any other provision of this Part, the review committee
established under Part 3E of the principal Act continues in existence after
the commencement of this Part for the purpose of determining any applications
for review referred to the committee before that commencement (and for that
purpose the review committee must determine those applications in accordance
with the provisions of Part 3E of the principal Act as in force immediately
before the commencement of this Part).
Part 25—Amendment
of National Parks and Wildlife
Act 1972
132—Amendment
of section 5—Interpretation
Section 5, definition of the Council—delete the
definition and substitute:
Council means the Parks and Wilderness Council established
under section 15;
133—Amendment
of section 11—Wildlife Conservation Fund
Section 11(3)(a)—delete "the South Australian National Parks and
Wildlife Council" and substitute:
the Parks and Wilderness Council
134—Amendment
of section 12—Delegation
(1) Section 12(1), (2) and (3)—delete ", an advisory committee"
wherever occurring
(2) Section 12(5)—delete subsection (5) and
substitute:
(5) A delegation—
(a) must be by instrument in writing; and
(b) may be absolute or conditional; and
(c) does not derogate from the power of the delegator to act in a matter;
and
(d) is revocable at will.
135—Substitution
of Part 2 Division 2, 2A and 2B
Part 2 Divisions 2, 2A and 2B—delete Divisions 2, 2A and 2B and
substitute:
Division 2—The Parks and Wilderness
Council
15—Establishment and membership of the
Council
(1) The Parks and Wilderness Council is established.
(2) The Council consists of the Director and 8 other members
appointed by the Minister being persons who collectively have, in the opinion of
the Minister, the knowledge, skills and experience in the following areas
necessary to enable the Council to carry out its functions
effectively:
(a) the establishment and management of reserves, wilderness protection
areas and wilderness protection zones;
(b) the conservation of animals, plants and ecosystems;
(c) the conservation of the marine environment;
(d) a scientific field relevant to the conservation of ecosystems and the
relationship of wildlife with its environment;
(e) Aboriginal culture and traditional associations with land;
(f) community engagement and community partnerships;
(g) tourism and recreational use of reserves.
(3) At least 2 of the members of the Council must be men and
2 must be women.
(4) 1 of the members of the Council appointed by the Minister will be
appointed as the presiding member of the Council.
16—Terms and conditions of
membership
(1) A member appointed by the Minister will be appointed on conditions
determined by the Minister and for a term, not exceeding 3 years, specified
in the instrument of appointment and will, at the expiration of a term of
appointment, be eligible for reappointment.
(2) The Minister
may remove an appointed member from office—
(a) for breach of, or non-compliance with, a condition of
appointment;
(b) for misconduct; or
(c) for failure or incapacity to carry out the duties of his or her office
satisfactorily.
(3) The office of an appointed member becomes vacant if the
member—
(a) dies; or
(b) completes a term of office and is not reappointed; or
(c) resigns by written notice to the Minister; or
(d) is removed from office under
subsection (2).
(4) If the office of an appointed member of the Council becomes vacant a
person must be appointed by the Minister in accordance with
section 15 to the
vacant office.
17—Remuneration
A member of the Council is entitled to remuneration, allowances and
expenses determined by the Minister.
18—Vacancies or defects in appointment of
members
An act of the Council is not invalid by reason only of a vacancy in its
membership or a defect in the appointment of a member.
19—Direction and control of the
Minister
The Council is subject to the direction and control of the
Minister.
19A—Proceedings of the Council
(1) 5 of the members of the Council constitute a quorum of the Council and
no business may be conducted by the Council unless a quorum is
present.
(2) The Director may nominate a person to attend and vote at a meeting of
the Council on his or her behalf.
(3) The presiding member will preside at each meeting of the Council at
which he or she is present.
(4) If the presiding member is absent, a member chosen by the members
present will preside at the meeting.
(5) A decision carried by a majority of the votes cast by members at a
meeting is a decision of the Council.
(6) Each member present at a meeting of the Council has 1 vote on any
question arising for decision and, if the votes are equal, the member presiding
at the meeting may exercise a casting vote.
(7) A conference by telephone or other electronic means between members
will, for the purposes of this section, be taken to be a meeting of the Council
at which the participating members are present if—
(a) notice of the conference is given to all members in the manner
determined by the Council for that purpose; and
(b) each participating member is capable of communicating with every other
participating member during the conference.
(8) A proposed resolution of the Council becomes a valid decision of the
Council despite the fact that it is not voted on at a meeting of the Council
if—
(a) notice of the proposed resolution is given to all members in
accordance with procedures determined by the Council; and
(b) a majority of the members express their concurrence in the proposed
resolution by letter, email, telex, facsimile transmission or other written
communication setting out the terms of the resolution.
(9) The Council must cause accurate minutes to be kept of its
proceedings.
(10) Subject to this Act, the Council may determine its own
procedures.
19B—Conflict of interest under Public Sector
(Honesty and Accountability) Act
A member of the Council will not be taken to have a direct or indirect
interest in a matter for the purposes of the Public
Sector (Honesty and Accountability) Act 1995 by reason only of the
fact that the member has an interest in a matter that is shared in common with
those engaged in or associated with ecologically-based tourism generally, or a
substantial section of those engaged in or associated with ecologically-based
tourism.
19C—Functions of the Council
(1) The functions
of the Council are—
(a) to provide
advice to the Minister at the Minister's request on any matter relating to the
administration of—
(ii) the Adelaide
Dolphin Sanctuary Act 2005; and
(iii) the Marine
Parks Act 2007; and
(iv) the Wilderness
Protection Act 1992; and
(b) such functions as may be conferred under this Act or any other
Act.
(2) Without limiting
subsection (1)(a)(i),
the Council may advise the Minister on the following matters relating to the
administration of this Act:
(a) planning in relation to the management of reserves;
(b) the conservation of wildlife;
(c) funding (including matters relating to sponsorship) and the
development and marketing of commercial activities;
(d) community participation in the management of reserves and the
conservation of wildlife;
(e) the development of policy;
(f) existing or proposed national or international agreements relating to
the conservation of animals, plants and ecosystems;
(g) the promotion (including public education) of the conservation of
wildlife and other natural resources;
(h) the Council's assessment of the performance of the Department in
administering the Acts referred to in
subsection (1)(a);
(i) any other matter referred to the Council by the Minister or on which
the Council believes it should advise the Minister.
19D—Annual report
(1) The Council must, on or before 30 September in each year, prepare
and deliver to the Minister a report on its operations during the preceding
financial year.
(2) The Minister must, within 12 sitting days after receiving a
report, cause copies of the report to be laid before both Houses of
Parliament.
136—Amendment
of section 38—Management plans
Section 38(7)—delete "the South Australian National Parks and
Wildlife Council" and substitute:
the Parks and Wilderness Council
137—Amendment
of section 45A—Interpretation and application
Section 45A(1), definition of General Reserves
Trust—delete the definition
138—Amendment
of section 45B—Development Trusts
(1) Section 45B(1)—after "reserve" insert:
or reserves
(2) Section 45B(2)(a)—delete "(except in the case of the General
Reserves Trust) "
(3) Section 45B(2)(a)—after "reserve" insert:
, or reserves,
Section 45BA—delete the section
140—Amendment
of section 45F—Functions of Trust
(1) Section 45F(1)—delete subsection (1) and substitute:
(1) A Trust has the functions assigned to it by the Minister relating to
the reserve or reserves for which it is established, including the development
of the reserve or reserves and the conservation of animals, native plants or
ecosystems of the reserve or reserves.
(2) Section 45F(1b)—delete subsection (1b)
(3) Section 45F(2b)—delete subsection (2b) and substitute:
(2b) The Minister may direct that money payable under a lease, licence or
agreement granted or entered into in relation to a reserve for which a Trust is
responsible be paid to the Trust.
(4) Section 45F(2c)—delete "(not being the General Reserves
Trust)"
(5) Section 45F(2c)(a)—before "(2b)" insert:
(2a) or
141—Amendment
of heading to Part 3A Division 2
Heading to Part 3A Division 2—delete "Trust"
142—Amendment
of section 45M—Establishment of Fund
(1) Section 45M(1)—delete subsection (1) and substitute:
(1) The General Reserves Trust Fund continues in existence as the General
Reserves Fund.
(2) Section 45M(2)—delete "General Reserves Trust" and
substitute:
Minister
(3) Section 45M(3)(b)—delete "in relation to which the General
Reserves Trust has been established (the Trust's reserves)" and
substitute:
other than reserves in relation to which a specific Trust has been
established and determined that it is to retain such fees
(4) Section 45M(3)(c)—delete paragraph (c) and substitute:
(c) money that—
(i) is payable pursuant to a lease, licence or other agreement entered
into by the Minister or Director under section 35 in relation to a reserve
other than a reserve in relation to which a specific Trust has been established;
and
(ii) the Minister or Director has directed be paid into the fund;
and
(5) Section 45M(3)(d)—delete "the Trust's reserves" wherever
occurring and substitute in each case:
a reserve other than a reserve in relation to which a specific Trust has
been established
(6) Section 45M(3)(e)—delete "Trust" and substitute:
Minister
(7) Section 45M(4)—delete "Trust" wherever occurring and substitute
in each case:
Minister
(8) Section 45M(4)(a)—delete "of its reserves" and
substitute:
reserves
143—Amendment
of section 45N—Investment of the fund
Section 45N—delete "Trust" and substitute:
Minister
144—Amendment
of section 45O—Accounts and auditing
Section 45O—delete "Trust" wherever occurring and substitute in each
case:
Minister
145—Insertion
of Schedules 12 and 13
After Schedule 11 insert:
Schedule 12—Dissolution of General Reserves
Trust
1—Interpretation
In this Schedule—
asset includes—
(a) a present, contingent or future legal or equitable estate or interest
in real or personal property; or
(b) a present, contingent or future right, power, privilege or
immunity,
(and includes a present or future cause of action in favour of the General
Reserves Trust);
General Reserves Fund means the General Reserves Fund
continued in existence under section 45M of this Act after the commencement
of this Part;
General Reserves Trust means the General Reserves Trust
established by proclamation under section 45B of the Act on
30 November 1978 (see Gazette 30.11.1978 p2096 and
2097);
liability includes a present, contingent or future liability
or obligation (including a non-pecuniary obligation and a present or future
cause of action against the General Reserves Trust).
2—Dissolution of General Reserves
Trust
The General Reserves Trust is dissolved and all members of the Trust
holding office immediately before the commencement of this clause cease to hold
office.
3—Vesting of property etc in
Minister
(1) All assets, rights and liabilities of the General Reserves Trust are
transferred to the Minister.
(2) The vesting of assets or liabilities under this clause operates by
force of this clause and despite the provisions of any other law or
instrument.
(3) The
Registrar-General or another authority required or authorised under a law of the
State to register or record transactions affecting assets or liabilities, or
documents relating to such transactions, must, on application under this clause,
register or record in an appropriate manner a vesting under this
clause.
(4) No fee is payable in respect of an application under
subclause (3).
(5) Subject to
subclause (6), a
reference in any instrument or contract, agreement or other document to the
General Reserves Trust will have effect as if it were a reference to the
Minister.
(6)
Subclause (5) does
not apply to any reference excluded by the Governor by proclamation.
(7)
Subclause (5) has
effect despite the provisions of any other law or instrument.
(8) Nothing done under this clause—
(a) constitutes a breach of, or default under, an Act or other law;
or
(b) constitutes a breach of, or default under, a contract, agreement,
understanding or undertaking; or
(c) constitutes a breach of a duty of confidence (whether arising by
contract, in equity or by custom or in any other way); or
(d) constitutes a civil or criminal wrong; or
(e) 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; or
(f) releases a surety or other obligee wholly or in part from an
obligation.
Schedule 13—Transitional provision relating to
Statutes Amendment (Boards and Committees—Abolition and Reform)
Act 2014
1—Transitional regulations
(1) The Governor
may, by regulation, make additional provisions of a saving or transitional
nature consequent on the enactment of the Statutes
Amendment (Boards and Committees—Abolition and Reform)
Act 2014.
(2) A provision of
a regulation made under
subclause (1)
may, if the regulation so provides, take effect from the commencement of this
subsection 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.
A member of the South Australian National Parks and Wildlife Council ceases
to hold office on the commencement of this section.
Part 26—Amendment
of Native Vegetation
Act 1991
147—Amendment
of section 8—Membership of Council
(1) Section 8(1), (2) and (6)—delete "Governor" wherever occurring
and substitute in each case:
Minister
(2) Section 8(1)(d)—delete "from a panel of 3 persons nominated
by the NRM Council established under that Act"
148—Amendment
of section 9—Conditions of office
Section 9(1), (2) and (3)—delete "Governor" wherever occurring and
substitute in each case:
Minister
149—Amendment
of section 10—Allowances and expenses
Section 10—delete "Governor" and substitute:
Minister
150—Amendment
of section 16—Staff
Section 16(1)—delete "Governor" and substitute:
Minister
151—Amendment
of section 25—Guidelines for application of assistance and management of
native vegetation
Section 25(2)(c)—delete "Pastoral Board" and substitute:
Minister responsible for the administration of the Pastoral
Land Management and Conservation Act 1989
152—Amendment
of section 29—Provisions relating to consent
(1) Section 29(6)—delete "consult the Pastoral Board and have regard
to the Board's recommendations (if any) in relation to the application" and
substitute:
consult the Minister responsible for the administration of the Pastoral
Land Management and Conservation Act 1989 and have regard to that
Minister's recommendations (if any) in relation to the application
(2) Section 29(8)—delete subsection (8) and substitute:
(8) Where a Minister has been consulted by the Council under
subsection (6), that Minister may request the owner of the land to submit a
property plan under the Pastoral
Land Management and Conservation Act 1989 and, until the plan has
been submitted, he or she may recommend to the Council that it refuse consent
solely on the ground that the plan has not been submitted.
(3) Section 29(9)—delete "by the Pastoral Board"
153—Amendment
of Schedule 2—Transitional provisions
Schedule 2—after clause 3 insert:
4 (1) The
Governor may, by regulation, make provisions of a saving or transitional nature
consequent on the enactment of the Statutes
Amendment (Boards and Committees—Abolition and Reform)
Act 2014.
(2) A provision of
a regulation made under
subclause (1) may, if
the regulation so provides, take effect from the commencement of this subclause
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.
Part 27—Amendment
of Natural Resources Management
Act 2004
154—Amendment
of section 3—Interpretation
(1) Section 3(1), definition of Mining Act, (a)—delete
"
Petroleum
Act 2000" and substitute:
Petroleum
and Geothermal Energy Act 2000
(2) Section 3(1), definition of NRM Council—delete the
definition
(3) Section 3(1), definition of peak body, (b)—delete
paragraph (b) and substitute:
(b) Primary Producers SA Incorporated;
(4) Section 3(1), definition of State NRM Plan—delete
"by the NRM Council"
155—Amendment
of section 10—Functions of Minister
(1) Section 10(1)—after paragraph (a) insert:
(ab) to prepare and maintain the State NRM Plan, and to keep under review
the extent to which regional NRM plans and policies and practices adopted or
applied by NRM authorities are consistent with the State NRM Plan; and
(2) Section 10(1)—after paragraph (e) insert:
(ea) to convene forums on a State-wide basis to discuss natural resources
management issues, and to promote public awareness of sound natural resources
management practices; and
156—Repeal
of Chapter 3 Part 2
Chapter 3 Part 2—delete Part 2
157—Amendment
of section 22—Establishment of regions
Section 22(5)—delete subsection (5) and substitute:
(5) The Minister must, before a proclamation is made under
subsection (3), give each peak body notice of the proposed proclamation
under that subsection and give consideration to any submission made by any peak
body within a period (being at least 21 days) specified in the
notice.
158—Amendment
of section 23—Establishment of boards
Section 23(5)—delete subsection (5) and substitute:
(5) The Minister must, before publishing a notice under
subsection (3), give each peak body notice of the Minister's intention to
publish a notice under that subsection and give consideration to any submission
made by any peak body within a period (being at least 21 days) specified in
the notice.
159—Amendment
of section 25—Composition of boards
(1) Section 25(1)—delete subsection (1) and
substitute:
(1) A regional NRM board consists of up to 9 members appointed by the
Minister being persons who collectively have, in the opinion of the Minister,
knowledge, skills and experience necessary to enable the board to carry out its
functions effectively.
(2) Section 25(2)—delete "nominating" and substitute:
appointing
(3) Section 25(2)(a)—delete ", and then take into account any
recommendation of the NRM Council after the NRM Council has been given an
opportunity to consider any expressions of interest received within the relevant
time"
(4) Section 25(4)(a)—delete "nominating" and substitute:
appointing
(5) Section 25(4)(b)—delete "nominate" and substitute:
appoint
(6) Section 25(5)—delete "finalising his or her nominations for the
purposes of this section," and substitute:
appointing a person or persons under subsection (1),
(7) Section 25(8) and (9)—delete "Governor" wherever occurring and
substitute in each case:
Minister
160—Amendment
of section 26—Conditions of membership
(1) Section 26(1) and (2)—delete "Governor" wherever occurring and
substitute in each case:
Minister
(2) Section 26(2)(e)—delete ", after consultation with the NRM
Council,"
(3) Section 26(3)(f)—delete "Governor" and substitute:
Minister
161—Amendment
of section 27—Allowances and expenses
Section 27—delete "Governor" and substitute:
Minister
162—Amendment
of section 29—Functions of boards
Section 29(1)(f)—delete "or the NRM Council"
163—Amendment
of section 30—General powers
Section 30(2)(d)—delete "or such" and substitute:
on such
164—Amendment
of section 35—Committees
Section 35(4)—after "purposes of this section" insert:
(which may include a requirement for the approval of the Minister before a
Committee, or Committee of a specified class, may be established under
subsection (1)(a))
165—Amendment
of section 39—Specific reports
(1) Section 39(1)—delete "or the NRM Council" wherever
occurring
(2) Section 39(1)—delete "(as the case may be)"
Section 40—delete the section
167—Amendment
of section 45—Establishment of areas
Section 45(5)—delete "the South Australian Farmers Federation
Incorporated" and substitute:
Primary Producers SA Incorporated
168—Amendment
of section 48—Composition of NRM groups
Section 48(2)(b)(ii)—delete "the South Australian Farmers Federation
Incorporated" and substitute:
Primary Producers SA Incorporated
169—Amendment
of section 74—State NRM Plan
(1) Section 74—delete "NRM Council" wherever occurring and
substitute in each case:
Minister
(2) Section 74(3)(e)—delete "or specified by the Minister"
(3) Section 74(5)—delete subsection (5)
(4) Section 74(7)—delete subsection (7) and
substitute:
(7) Subject to subsection (8), the Minister may amend the State NRM
Plan at any time.
(5) Section 74(9)—delete "at the direction, or with the concurrence,
of the Minister"
(6) Section 74(10)—delete "at the direction, or with the
concurrence, of the Minister" and substitute:
under subsection (9)
(7) Section 74(14)(c)—delete paragraph (c) and substitute:
(c) Primary Producers SA Incorporated
170—Amendment
of section 75—Regional NRM plans
Section 75(7)—delete "or the NRM Council"
171—Amendment
of section 79—Preparation of plans and consultation
(1) Section 79(6)(a)(iv)—delete subparagraph (iv)
(2) Section 79(12) and (13)—delete "(10)(a)" wherever occurring and
substitute in each case:
(10)
172—Amendment
of section 80—Submission of plan to Minister
(1) Section 80(1)—delete subsection (1)
(2) Section 80(2)—delete "also"
(3) Section 80(3)—delete "the requirements of subsections (1) and
(2)" and substitute:
subsection (2)
173—Amendment
of section 81—Review and amendment of plans
(1) Section 81(5)—delete subsection (5)
(2) Section 81(8)(b)—delete "are within the ambit of subsection (2),
or that otherwise"
174—Amendment
of section 95—Imposition of levy by councils
Section 95(3)(a)—delete "section 154(1), (2) and (3)" and
substitute:
section 154(1) and (2)
175—Amendment
of section 122—Special provisions relating to land
Section 122(4)(e)—delete "Country
Fires Act 1989" and substitute:
Fire
and Emergency Services Act 2005
176—Amendment
of section 129—Activities not requiring a permit
Section 129(1)(i)—delete "or Part 3 Division 5 of the Upper
South East Dryland Salinity and Flood Management
Act 2002"
Section 228—delete the section
178—Amendment
of Schedule 1—Provisions relating to regional NRM boards and NRM
groups
Schedule 1, clause 1, definition of prescribed body,
(a)—delete paragraph (a)
179—Amendment
of Schedule 4—Repeals and transitional provisions
(1) Schedule 4, Part 18, clause 56(1)—delete "on the enactment of a
relevant Act" and substitute:
on the amendment of this Act by another Act
(2) Schedule 4, Part 18, clause 56(5)—delete subclause (5)
A member of the Natural Resources Management Council ceases to hold office
on the commencement of this section.
Part 28—Amendment
of Office for the Ageing
Act 1995
Long title—delete "and the Advisory Board on Ageing"
Part 3—delete Part 3
A member of the Advisory Board on Ageing ceases to hold office on the
commencement of this section.
Part 29—Amendment
of Opal Mining
Act 1995
184—Amendment
of section 43—Registration of agreement
Section 43(5)—delete "Pastoral Board" and substitute:
the Minister responsible for the administration of the Pastoral
Land Management and Conservation Act 1989
Part 30—Amendment
of Pastoral Land Management and Conservation
Act 1989
185—Amendment
of section 3—Interpretation
Section 3(1), definition of the Board—delete the
definition
186—Amendment
of section 5—Duty of Minister
Section 5—delete "and the Board"
187—Amendment
of section 9—Pastoral Land Management Fund
Section 9(5)—delete ", on the recommendation of the Board,"
188—Amendment
of section 10—Power of Minister to delegate
Section 10(1)(a)—delete paragraph (a)
189—Repeal
of Part 3 Division 2
Part 3 Division 2—delete Division 2
190—Amendment
of section 19—Grant of leases
Section 19(3)(c)—delete ", on the recommendation of the
Board,"
191—Amendment
of section 20—Assessment of land prior to grant of
lease
Section 20(1)(b)(i)—delete "Board" and substitute:
Minister
192—Amendment
of section 22—Conditions of pastoral leases
(1) Section 22(1)(b)(i), (ii) and (iii)—delete "Board" wherever
occurring and substitute in each case:
Minister
(2) Section 22(2), (4), (6) and (7)—delete "Board" wherever
occurring and substitute in each case:
Minister
(3) Section 22(3)—delete subsection (3)
193—Amendment
of section 23—Rent
(1) Section 23(2)(a)(i)—delete "Board" and substitute:
Minister
(2) Section 23(5)—delete "Board" and substitute:
Minister
(3) Section 23(6)—delete ", on the recommendation of the Board, and
if the Minister is satisfied" and substitute:
if satisfied
(4) Section 23(7) and (8)—delete "Board" wherever occurring and
substitute in each case:
Minister
(5) Section 23(10)—delete "on the recommendation of the Board, and
if the Minister is satisfied" and substitute:
if satisfied
(6) Section 23(10)—delete "Board recommends" and
substitute:
Minister thinks appropriate
194—Amendment
of section 24—Term of pastoral leases
Section 24(2)—delete "Board" and substitute:
Minister
195—Amendment
of section 25—Assessment of land
(1) Section 25(1), (3) and (4)—delete "Board" wherever occurring and
substitute in each case:
Minister
(2) Section 25(5)—delete subsection (5) and substitute:
(5) The Minister must not take any action under this Act as a consequence
of an assessment until a reasonable period of time, within which a lessee
referred to in subsection (4) may respond to the assessment and the written
report, has elapsed.
196—Repeal
of sections 25A and 25B
Sections 25A and 25B—delete the sections
197—Amendment
of section 26—Extension of term of pastoral leases and variation of
conditions
(1) Section 26—delete "Board" wherever occurring and substitute in
each case:
Minister
(2) Section 26(6)—delete "its" and substitute:
his or her
(3) Section 26(7)—delete "resolves to issue" and
substitute:
issues
198—Amendment
of section 31—Alteration of boundaries
Section 31(1)—delete "Board" and substitute:
Minister
199—Amendment
of section 31A—Variation of land subject to lease
Section 31A(3)—delete subsection (3) and substitute:
(3) The Minister may only take action under this section at the request or
with the consent of the relevant lessees.
200—Amendment
of section 33—Abandonment of land
Section 33—delete "Board" and substitute:
Minister
201—Amendment
of section 35—Penalties for late payment of rent
Section 35(3)—delete "Board" and substitute:
Minister
202—Amendment
of section 36—Waiver
Section 36—delete "The Board may, if it" and substitute:
The Minister may, if he or she
203—Amendment
of section 37—Cancellation of lease or imposition of fine on breach of
conditions
(1) Section 37—delete "Board" wherever occurring and substitute in
each case:
Minister
(2) Section 37(1)(a)—delete "fine" and substitute:
penalty
204—Amendment
of section 38—Cancellation of pastoral lease obtained by false
statement
Section 38—delete "Board" and substitute:
Minister
205—Amendment
of section 40—Notice of adverse action to be given to holders of
registered interests or caveats
Section 40(1)—delete "Board or the Minister (as the case may
require)" and substitute:
Minister
206—Amendment
of section 41—Property plans
(1) Section 41(1)—delete "Board" wherever occurring and substitute
in each case:
Minister
(2) Section 41(2)—delete subsection (2)
(3) Section 41(3), (4), (5), (6), (7), (8) and (9a)—delete "Board"
wherever occurring and substitute in each case:
Minister
207—Amendment
of section 42—Verification of stock levels
Section 42—delete "Board" wherever occurring and substitute in each
case:
Minister
208—Amendment
of section 43—Notices to destock or take other action
Section 43—delete "Board" wherever occurring and substitute in each
case:
Minister
209—Amendment
of section 44—Reference areas
Section 44—delete "Board" wherever occurring and substitute in each
case:
Minister
210—Amendment
of section 45—Establishment of public access routes and stock
routes
Section 45—delete "Board" wherever occurring and substitute in each
case:
Minister
211—Amendment
of section 52—Powers and procedures of the Tribunal
Section 52(11)(a)—delete "or the Board"
212—Amendment
of section 58—Notice to be given of cattle muster
Section 58(2)—delete "Board" and substitute:
Minister
213—Amendment
of section 59—Right to take water
Section 59(2)—delete "Board" and substitute:
Minister
214—Amendment
of section 61—Powers of entry etc
(1) Section 61(1)—delete "a member of the Board,"
(2) Section 61(1)(e)—delete "Board" and substitute:
Minister
215—Amendment
of section 66—Certain debts are charges over leases
Section 66—delete "Board" wherever occurring and substitute in each
case:
Minister
216—Amendment
of Schedule—Transitional provisions
(1) Schedule, clause 4—delete clause 4
(2) Schedule, clause 5(2)(b)—delete "Board" and
substitute:
Minister
(3) Schedule, clause 6(3)(b)(ii)—delete "Board" and
substitute:
Minister
(4) Schedule, new clause—after clause 6 insert:
7 A member of the Pastoral Board in existence under this Act immediately
before the commencement of section 189 of the Statutes
Amendment (Boards and Committees—Abolition and Reform)
Act 2014 ceases to hold office on the commencement of this
clause.
8 An approval, requirement, declaration or dedication of the Pastoral Board
made under this Act as in force immediately before the commencement of
section 190 of the Statutes
Amendment (Boards and Committees—Abolition and Reform)
Act 2014 will, after that commencement, be taken to be an approval,
requirement or approval (as the case requires) of the Minister under this Act as
in force after that commencement.
9 (1) The Governor may, by regulation, make additional provisions of a
saving or transitional nature consequent on the enactment of the Statutes
Amendment (Boards and Committees—Abolition and Reform)
Act 2014.
(2) A provision of a
regulation made under
subclause (1) may, if the
regulation so provides, take effect from the commencement of this subclause 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.
Part 31—Amendment
of Phylloxera and Grape Industry
Act 1995
217—Amendment
of section 3—Interpretation
Section 3, definition of Selection Committee—delete the
definition
218—Amendment
of section 5—Constitution of Board
(1) Section 5(1)(b)(ii)—delete subparagraph (ii) and
substitute:
(ii) up to 7 will be persons nominated by 1 or more
organisations or bodies that, in the opinion of the Minister, have significant
involvement in grape growing or winemaking.
(2) Section 5(2)—delete "the Selection Committee" and
substitute:
each nominating organisation or body referred to in
subsection (1)(b)(ii)
(3) Section 5(2)(a) and (b)—delete paragraphs (a) and (b) and
substitute:
(a) written reasons are provided to the Minister in support of each
nomination; and
(4) Section 5(3)—delete subsection (2) and substitute:
(3) The Minister must ensure that—
(a) no more than 1 member from each prescribed region is appointed to the
Board; and
(b) all members of the Board have proven experience, knowledge and
commitment to the improvement of the State's grape growing and wine industries,
and their protection from disease.
219—Repeal
of Part 2 Division 2
Part 2 Division 2—delete Division 2
220—Amendment
of section 26—Report
Section 26(4)—delete subsection (4) and substitute:
(4) After each
meeting of the Board, the Board must provide a report on its activities
undertaken since its previous meeting to every regional committee.
After section 27—insert:
28—Power of delegation
(1) The Minister may delegate to a body or person (including a person for
the time being holding or acting in a specified office or position) a function
or power of the Minister under this Act.
(2) A delegation under this section—
(a) must be by instrument in writing; and
(b) may be absolute or conditional; and
(c) does not derogate from the power of the Minister to act in any matter;
and
(d) is revocable at will.
(3) A function or power delegated under this section may, if the
instrument of delegation so provides, be further delegated.
222—Amendment
of section 30—Regulations
Section 30—after subsection (2) insert:
(3) The Governor may,
by regulation, make additional provisions of a saving or transitional nature
consequent on the enactment of the Statutes
Amendment (Boards and Committees—Abolition and Reform)
Act 2014.
(4) A provision of a
regulation made under
subsection (3) may,
if the regulation so provides, take effect from the commencement of this
subsection or from a later day.
(5) To the extent to which a provision takes effect under
subsection (4) 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.
A member of the Selection Committee within the meaning of the Phylloxera
and Grape Industry Act 1995 as in force immediately before the
commencement of
section 219 of this
Act ceases to hold office on the commencement of this section.
Part 32—Amendment
of Public Employees Housing
Act 1987
Section 5—delete the section
A member of the Public Employees Housing Advisory Committee ceases to hold
office on the commencement of this section.
Part 33—Amendment
of SACE Board of South Australia
Act 1983
226—Amendment
of Schedule 1—Designated entities
(1) Schedule 1, clause 1(j)—delete "Non-Government Schools
Registration Board" and substitute:
Education and Early Childhood Services Registration and Standards Board of
South Australia
(2) Schedule 1, clause 1(v)—delete paragraph (v)
Part 34—Amendment
of South Australian Forestry Corporation
Act 2000
227—Amendment
of section 4—Interpretation
Section 4, definition of director—delete the definition
and substitute:
director means a member of the board under Part 3 and
includes a person appointed as an acting director under that Part.
228—Amendment
of section 9—Common seal and execution of documents
Section 9(1)—delete "two directors" and substitute:
1 or more directors
229—Substitution
of section 10
Section 10—delete the section and substitute:
10—Establishment of board
(1) A board of directors is established as the governing body of the
Corporation.
(2) The board consists of up to 5 members appointed by the
Governor.
(3) A person is eligible for appointment as a member of the board if, in
the Minister's opinion, the person has appropriate qualifications, experience or
expertise to effectively perform the functions of a director of the
Corporation.
(4) The Governor may appoint a director to chair meetings of the
board.
(5) The Governor may appoint an acting director to act in the office of a
director and a person so appointed has, while so acting, all the functions and
powers of the director.
(6) An acting director may act in the office of a
director—
(a) while—
(i) the director is unable to perform the functions of a director under
this Act; or
(ii) the office of the director is vacant,
but not on a continuous basis for more than 6 months; or
(b) if the director is disqualified from acting in relation to a
particular matter—in relation to that matter.
(7) The terms and conditions of appointment as an acting director will be
as determined by the Governor.
(8) On the office of a director becoming vacant, a person may be appointed
under this section to the vacant office.
230—Amendment
of section 11—Conditions of membership
Section 11(1)—after "A director" insert:
(other than an acting director)
231—Amendment
of section 14—Board proceedings
Section 14(1) to (3)—delete subsections (1) to (3) (inclusive) and
substitute:
(1) A quorum of the board consists of a majority of the directors in
office for the time being.
(2) If a director has been appointed to chair meetings of the board, that
director will preside at each meeting of the board at which he or she is
present.
(3) A director chosen by the directors present at a meeting of the board
will preside at the meeting if—
(a) the director appointed to chair meetings of the board is absent from
the meeting; or
(b) no director has been appointed to chair meetings of the
board.
Part 35—Amendment
of South Australian Housing Trust
Act 1995
232—Amendment
of section 18—Committees
(1) Section 18(1)(a)—delete paragraph (a)
(2) Section 18(1)(b)—delete "other"
(3) Section 18(1a)—delete subsection (1a)
(4) Section 18(3)—delete "(and to the operation of subsection
(1a))"
A member of the South Australian Affordable Housing Trust Board of
Management (or "SAAHT") ceases to hold office on the commencement of this
section.
Part 36—Amendment
of South Australian Motor Sport
Act 1984
Long title—delete "make provision in relation to a corporation to be
known as the South Australian Motor Sport Board; to define its powers and
functions" and substitute:
facilitate the promotion of motor sport events in the State
235—Amendment
of section 3—Interpretation
(1) Section 3(1), definition of Board—delete the
definition and substitute:
Commission means the South Australian Tourism Commission
established under the
South
Australian Tourism Commission Act 1993;
(2) Section 3(1), definition of employing
authority—delete the definition
(3) Section 3(1), definition of the graphic standards
manual—delete "Board" and substitute:
Commission
(4) Section 3(1), definition of member—delete the
definition
(5) Section 3(4)—delete subsection (4)
236—Substitution
of heading to Part 2
Heading to Part 2—delete the heading and substitute:
Part 2—Functions and powers of Commission relating
to motor sport events
237—Repeal
of Part 2 Division 1
Part 2, Division 1—delete Division 1
238—Repeal
of heading to Part 2 Division 2
Heading to Part 2 Division 2—delete the heading to Division
2
239—Amendment
of section 10—Functions and powers of Commission
(1) Section 10—delete "Board" wherever occurring and substitute in
each case:
Commission
(2) Section 10(2)(p)—delete paragraph (p)
(3) Section 10(2)(s)—after "functions" insert:
under this Act
(4) Section 10(4)—delete subsection (4)
240—Amendment
of section 10AA—Non-application of
Government Business Enterprises (Competition)
Act 1996
Section 10AA—delete "Board or to any activity of the Board" and
substitute:
Commission, or to any activity of the Commission, in relation to a function
of the Commission under this Act
Section 10A—delete the section
242—Amendment
of section 11—Commission may control and charge fee for filming etc from
outside circuit
Section 11—delete "Board" wherever occurring and substitute in each
case:
Commission
Section 12—delete the section
244—Repeal
of Part 2 Divisions 3 and 4
Part 2 Divisions 3 and 4—delete Divisions 3 and 4
245—Amendment
of section 20—Minister may make certain declarations
Section 20—delete "Board" wherever occurring and substitute in each
case:
Commission
246—Amendment
of section 21—Commission to have care, control etc of declared area for
relevant declared period
Section 21—delete "Board" wherever occurring and substitute in each
case:
Commission
247—Amendment
of section 22—Commission to have power to enter and carry out works etc on
declared area
Section 22—delete "Board" wherever occurring and substitute in each
case:
Commission
248—Amendment
of section 23—Commission to consult and take into account representations
of persons affected by operations
Section 23—delete "Board" wherever occurring and substitute in each
case:
Commission
249—Amendment
of section 24—Certain land taken to be lawfully occupied by
Commission
Section 24—delete "Board" wherever occurring and substitute in each
case:
Commission
250—Amendment
of section 25—Non-application of certain laws
Section 25—delete "Board" wherever occurring and substitute in each
case:
Commission
251—Amendment
of section 26—Plans of proposed works to be available for public
inspection
Section 26—delete "Board" wherever occurring and substitute in each
case:
Commission
252—Amendment
of section 27—Power to remove vehicles left unattended within declared
area
(1) Section 27(1)—delete "member of the police force" and
substitute:
police officer
(2) Section 27(1)—delete "Board" and substitute:
Commission
253—Amendment
of section 27AB—Application of sections 27B
and 27C
Section 27AB(3)(a)—delete "Board" and substitute:
Commission
Section 28—delete the section
255—Amendment
of section 28AA—Declaration of official titles
Section 28AA—delete "Board" wherever occurring and substitute in each
case:
Commission
256—Amendment
of section 28A—Special proprietary interests
(1) Section 28A—delete "Board" wherever occurring and substitute in
each case:
Commission
(2) Section 28A(1)(b)—delete paragraph (b) and
substitute:
(b) any other name adopted by the Commission pursuant to a determination
under section 25 of the South
Australian Tourism Commission Act 1993; and
257—Amendment
of section 28B—Seizure and forfeiture of goods
(1) Section 28B—delete "Board" wherever occurring and substitute in
each case:
Commission
(2) Section 28B(1)(b)—delete "member of the police force" and
substitute:
police officer
Section 29—delete the section
259—Amendment
of section 30—Regulations
(1) Section 30(2)(a)—delete paragraph (a)
(2) Section 30(2)(d)—delete "Board" and substitute:
Commission
(3) Section 30(2)(h)—delete "$1 250" and substitute:
$2 500
After section 30 insert:
Schedule 1—Transitional
provisions
1—Interpretation
In this Schedule—
asset includes—
(a) a present, contingent or future legal or equitable estate or interest
in real or personal property; or
(b) a present, contingent or future right, power, privilege or
immunity,
(and includes a present or future cause of action in favour of the
Board);
Board means the South Australian Motor Sport Board (as in
existence immediately before the relevant day);
liability includes a present, contingent or future liability
or obligation (including a non-pecuniary obligation and a present or future
cause of action against the Board);
Minister means the Minister responsible for the
administration of the
South
Australian Tourism Commission Act 1993;
relevant day means the day on which this Schedule comes into
operation.
2—Dissolution of Board
On the relevant day, the South Australian Motor Sport Board is dissolved
and all members of the Board holding office immediately before the relevant day
cease to hold office.
3—Staff
(1) The Minister
may, by notice in the Gazette, transfer the employment of a person who was,
immediately before the relevant day, an officer or employee of the Board
(including the Chief Executive) to the employing authority under the South
Australian Tourism Commission Act 1993.
(2) The transfer of a person under
subclause (1)
does not affect—
(a) the person's continuity of employment or existing conditions of
employment or existing or accruing rights to leave; or
(b) a process commenced for variation of those conditions or
rights.
4—Vesting of property etc in
Commission
(1) Subject to
subclause (2),
all assets and liabilities of the Board are vested in the Commission.
(2)
Subclause (1) does
not apply to any asset or liability vested by the Governor, by proclamation,
in—
(a) the Minister; or
(b) another agency or instrumentality of the Crown.
(3) The vesting of assets or liabilities under this clause operates by
force of this clause and despite the provisions of any other law or
instrument.
(4) The
Registrar-General or another authority required or authorised under a law of the
State to register or record transactions affecting assets or liabilities, or
documents relating to such transactions, must, on application under this clause,
register or record in an appropriate manner a vesting under this
clause.
(5) No fee is payable in respect of an application under
subclause (4).
(6) Subject to
subclause (7), a
reference in any instrument or contract, agreement or other document to the
Board will have effect as if it were a reference to the Commission.
(7)
Subclause (6) does
not apply to any reference excluded by the Governor by proclamation.
(8)
Subclause (6) has
effect despite the provisions of any other law or instrument.
(9) Nothing done under this clause—
(a) constitutes a breach of, or default under, an Act or other law;
or
(b) constitutes a breach of, or default under, a contract, agreement,
understanding or undertaking; or
(c) constitutes a breach of a duty of confidence (whether arising by
contract, in equity or by custom or in any other way); or
(d) constitutes a civil or criminal wrong; or
(e) 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; or
(f) releases a surety or other obligee wholly or in part from an
obligation.
5—Regulations
(1) The Governor
may, by regulation, make additional provisions of a saving or transitional
nature consequent on the enactment of the Statutes
Amendment (Boards and Committees—Abolition and Reform)
Act 2014.
(2) A provision of
a regulation made under
subclause (1)
may, if the regulations so provide, take effect from the commencement of this
subclause.
(3) To the extent to which a provision takes effect under
subclause (2)
from a day earlier than the day of the publication of the regulation 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.
Part 37—Amendment
of South Australian Multicultural and Ethnic
Affairs Commission Act 1980
261—Amendment
of section 6—Constitution of Commission
(1) Section 6(1)—delete "Governor on the nomination of
the"
(2) Section 6(3)—delete "In selecting nominees for appointment to
the Commission the Minister should" and substitute:
The Minister should, in making appointments under this section,
(3) Section 6(3)—delete "those who come under consideration" and
substitute:
persons appointed to the Commission
(4) Section 6(7)—delete "Governor" and substitute:
Minister
262—Amendment
of section 7—Remuneration of members
Section 7—delete "Governor" and substitute:
Minister
263—Amendment
of section 8—Removal from and vacancies of office
Section 8(1) and (3)—delete "Governor" wherever occurring and
substitute in each case:
Minister
Part 38—Amendment
of South Australian Tourism Commission
Act 1993
264—Amendment
of section 3—Object
Section 3(a)—after "destination" insert:
, including to undertake, on behalf of the State, the promotion of events,
festivals or other activities
265—Amendment
of section 4—Interpretation
(1) Section 4(1), definition of board—delete the
definition
(2) Section 4(1), definition of CEO—delete the
definition and substitute:
CEO means the Chief Executive Officer appointed to the
Commission under Part 2, and includes an Acting Chief Executive Officer
appointed under that Part;
(3) Section 4(1), definition of director—delete the
definition
(4) Section 4(1)—after the definition of employing
authority insert:
promote, in relation to an event, festival or other activity,
includes support, organise or conduct.
266—Amendment
of section 5—Establishment of Commission
(1) Section 5(2)—after paragraph (c) insert:
(ca) has all the powers of a natural person that are capable of being
exercised by a body corporate; and
(2) Section 5(2)(d)—after "this Act" insert:
or any other Act
(3) Section
5—after subsection (3) insert:
(4) If a document appears to bear the common seal of the Commission, it
will be presumed, in the absence of proof to the contrary, that the common seal
of the Commission was duly affixed to the document.
267—Substitution
of Part 2 Divisions 2, 3 and 4
Part 2 Divisions 2 to 4—delete Divisions 2 to 4 (inclusive) and
substitute:
Division 2—Constitution of
Commission
6—Constitution of Commission
(1) The Commission will be constituted of the Chief Executive Officer
(CEO) of the Commission.
(2) The CEO will be appointed by the Governor, on the recommendation of
the Minister, on terms and conditions determined by the Governor.
(3) The CEO is a senior official for the purposes of the Public
Sector (Honesty and Accountability) Act 1995.
7—Acting CEO
(1) If the CEO is temporarily absent or unable to perform official
functions, the Minister may appoint an Acting Chief Executive Officer
(Acting CEO) to act in the office of the CEO and a person so
appointed has, while so acting, all the functions and powers of the
CEO.
(2) The terms and conditions of appointment of an Acting CEO will be as
determined by the Minister.
(3) The Acting CEO is a senior official for the purposes of the Public
Sector (Honesty and Accountability) Act 1995.
8—Ministerial control
(1) The Commission is subject to control and direction by the
Minister.
(2) No Ministerial direction can be given to suppress information or
recommendations from a report by the Commission under this Act.
(3) The Commission must, in relation to each financial year, enter into a
performance agreement with the Minister setting performance targets for the
Commission that the Commission is to pursue in that financial year.
(4) A Ministerial direction given during a particular financial year and
the performance agreement for a particular financial year must be published in
the report of the Commission for that financial year.
Division 3—CEO
9—Conditions of appointment
(1) The CEO will be appointed for a term, not exceeding 5 years,
specified in the instrument of appointment and, at the expiration of a term of
appointment, will be eligible for reappointment.
(2) The Governor
may remove the CEO from office—
(a) for misconduct; or
(b) for failure or incapacity to carry out the duties of his or her office
satisfactorily; or
(c) if serious irregularities have occurred in the conduct of the
Commission's affairs.
(3) The office of the CEO becomes vacant if the CEO—
(a) dies; or
(b) completes a term of office and is not reappointed; or
(c) resigns by written notice to the Minister; or
(d) is convicted of an indictable offence; or
(e) is removed from office under
subsection (2).
10—Saving provision
An act of the Commission is not invalid by reason only of a defect in the
appointment of the CEO (or Acting CEO).
11—Delegation
(1) The CEO may, by instrument in writing, delegate any of the
Commission's or CEO's functions or powers.
(2) A function or power delegated under this section may, if the
instrument of delegation so provides, be further delegated.
(3) A delegation—
(a) may be made subject to conditions and limitations specified in the
instrument of delegation; and
(b) is revocable at will and does not derogate from the power of the
delegator to act in any matter.
(4) A delegate must
not act in any matter pursuant to the delegation in which the delegate has a
direct or indirect pecuniary or personal interest.
Maximum penalty: $10 000 or imprisonment for 2 years.
(5) It is a defence to a charge of an offence against
subsection (4)
to prove that the defendant was, at the time of the alleged offence, unaware of
his or her interest in the matter.
12—Staff and resources
The CEO is responsible for managing the staff and resources of the
Commission.
268—Amendment
of section 19—Functions of Commission
(1) Section 19(1)(b)—before "regional tourism" insert:
events and festivals,
(2) Section 19(1)—after paragraph (b) insert:
(ba) to promote such events, festivals or other activities in the State as
are consistent with the object of this Act;
(3) Section 19(1)(k)—delete "that are consistent with the objects"
and substitute:
, or conferred on the Commission under another Act, that are consistent
with the object
269—Amendment
of section 20—Powers of Commission
Section 20(2)(e)—delete "(consisting of directors, other persons or a
combination of directors and others)"
270—Amendment
of section 25—Protection of names
Section 25(3), penalty provision—delete the penalty provision and
substitute:
Maximum penalty: $10 000.
271—Amendment
of section 26—Regulations
Section 26(2)—delete "a division 7 fine" and
substitute:
$2 500,
(1) In this section—
board means the board of directors established as the
governing body of the Commission under the principal Act;
Commission means the South Australian Tourism Commission
established under the principal Act;
principal Act means the South
Australian Tourism Commission Act 1993.
(2) A member of the board ceases to hold office on the commencement of
this subsection.
(3) The person holding office as the Chief Executive Officer under the
principal Act immediately before the commencement of this subsection will, on
that commencement, be taken to have been appointed as the Chief Executive
Officer to the Commission under Part 2 of the principal Act (as amended by
this Act) on the same terms and conditions, and for the balance of the term of
appointment, applying to the Chief Executive Officer immediately before that
commencement.
Part 39—Amendment
of South Eastern Water Conservation and Drainage
Act 1992
Section 29—delete the section
274—Amendment
of section 31—Advisory committees
Section 31—delete "other"
275—Amendment
of section 32—Terms and conditions of office
Section 32(1)—delete "by or"
A member of the Eight Mile Creek Water Conservation and Drainage Advisory
Committee ceases to hold office on the commencement of this section.
Part 40—Amendment
of State Lotteries
Act 1966
277—Amendment
of section 3—Interpretation
(1) Section 3(1)—after the definition of Authority
insert:
Commissioner means the Commissioner appointed to the
Commission under section 4 and includes an Acting Commissioner appointed
under section 9;
(2) Section 3(1), definition of member—delete the
definition
(3) Section 3(1), definition of presiding
member—delete the definition
278—Amendment
of section 4—Constitution of Commission
(1) Section 4(5)—delete subsection (5) and
substitute:
(5) The Commission will be constituted of a Commissioner appointed by the
Governor.
(2) Section 4(8)—delete "member of the Commission" and
substitute:
the Commissioner
279—Amendment
of section 5—Term of office of Commissioner
(1) Section 5(1)—delete "A member" and substitute:
The Commissioner
(2) Section 5(2)—delete "a member" and substitute:
the Commissioner
(3) Section 5—after subsection (2) insert:
(3) The Commissioner is a senior official for the purposes of the Public
Sector (Honesty and Accountability) Act 1995.
280—Substitution
of sections 6 and 7
Sections 6 and 7—delete the sections and substitute:
6—Removal from office
(1) The Governor may remove the Commissioner from office on the
recommendation of the Minister.
(2) The Minister may recommend the removal of the Commissioner on any
ground that the Minister considers sufficient.
281—Amendment
of section 8—Vacancy in office of Commissioner
(1) Section 8(1)—delete "The office of a member shall become" and
substitute:
The office of the Commissioner becomes
(2) Section 8(1)—delete "the member" wherever occurring and
substitute in each case:
the Commissioner
(3) Section 8(1)—delete "the member's" wherever occurring and
substitute in each case:
the Commissioner's
(4) Section 8(1)(c)—delete "section 7" and
substitute:
section 6
(5) Section 8(1)(d)—delete paragraph (d)
(6) Section 8(2)—delete "a member" wherever occurring and substitute
in each case:
the Commissioner
(7) Section 8(2)—delete "the member" and substitute:
the Commissioner
(8) Section 8(2)—after "his" insert:
or her
Section 9—delete the section and substitute:
9—Acting Commissioner
(1) If the Commissioner is temporarily absent or unable to perform
official functions, the Minister may appoint an Acting Commissioner to act in
the office of the Commissioner and a person so appointed has, while so acting,
all the functions and powers of the Commissioner.
(2) The terms and conditions of appointment of an Acting Commissioner will
be as determined by the Minister.
(3) The Acting Commissioner is a senior official for the purposes of the
Public
Sector (Honesty and Accountability) Act 1995.
283—Amendment
of section 11—Validity of acts of Commission
Section 11—delete "any member" wherever occurring and substitute in
each case:
the Commissioner
Section 12—delete the section
After section 18B insert:
18C—Tax and other liabilities of
Commission
(1) Except as otherwise determined by the Treasurer, the Commission is
liable to all such rates (other than rates that would be payable to a council),
duties, taxes and imposts and has all such other liabilities and duties as would
apply under the law of the State if the Commission were not an instrumentality
of the Crown.
(2) Except as
otherwise determined by the Treasurer, the Commission is liable to pay to the
Treasurer, for the credit of the Consolidated Account, such amounts as the
Treasurer from time to time determines to be equivalent to—
(a) income tax and any other taxes or imposts that the Commission does not
pay to the Commonwealth but would be liable to pay under the law of the
Commonwealth if it were constituted and organised in such manner as the
Treasurer determines to be appropriate for the purposes of this subsection as a
public company or group of public companies carrying on the business carried on
by the Commission; and
(b) rates that the Commission would be liable to pay to a council if the
Commission were not an instrumentality of the Crown.
(3) Amounts determined by the Treasurer to be payable under
subsection (2)
must be paid by the Commission at the times and in the manner determined by the
Treasurer.
(4) This section does not affect any liability that the Commission would
have apart from this section to pay rates to a council.
(5) In this section—
council means a council within the meaning of the Local
Government Act 1999;
liability includes contingent liability.
286—Amendment
of section 19—Offences
Section 19(9) and (9b)—delete "Chief Executive" wherever occurring
and substitute in each case:
Commissioner
287—Amendment
of section 20—Regulations
Section 20—after subsection (3) insert:
(4) The Governor
may, by regulation, make additional provisions of a saving or transitional
nature consequent on the enactment of the Statutes
Amendment (Boards and Committees—Abolition and Reform)
Act 2014.
(5) A provision of
a regulation made under
subsection (4)
may, if the regulation so provides, take effect from the commencement of this
subsection or from a later day.
(6) To the extent to which a provision takes effect under
subsection (5)
from a day earlier than the day of the publication of the regulation 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.
A member of the Lotteries Commission of South Australia ceases to hold
office on the commencement of this section.
Part 41—Amendment
of Supported Residential Facilities
Act 1992
289—Amendment
of section 3—Interpretation
Section 3, definition of the Advisory Committee—delete
the definition
290—Repeal
of Part 3 Division 2
Part 3 Division 2—delete Division 2
Section 19—delete the section
292—Amendment
of section 25—Matters to be considered in granting a
licence
Section 25(1)(e)—delete paragraph (e)
293—Amendment
of section 29—Licence conditions
Section 29(4)—delete subsection (4)
294—Amendment
of section 57—Regulations
Section 57(4)—delete subsection (4)
(1) In this section—
principal Act means the Supported
Residential Facilities Act 1992.
(2) A member of the Supported Residential Facilities Advisory Committee
ceases to hold office on the commencement of this subsection.
(3) A member of the panel established under section 19 of the
principal Act as in force immediately before the commencement of
section 291 of
this Act ceases to hold office on the commencement of this subsection.
Part 42—Amendment
of Training and Skills Development
Act 2008
296—Amendment
of section 4—Interpretation
Section 4(1), definition of reference group—delete the
definition
297—Amendment
of section 10—Functions of Commission
Section 10(3)(b)(i)—delete ", reference group"
298—Repeal
of Part 2 Division 3
Part 2 Division 3—delete Division 3
Section 68—delete the section
300—Amendment
of section 79—Regulations
Section 79—after subsection (2) insert:
(3) The Governor may,
by regulation, make additional provisions of a saving or transitional nature
consequent on the enactment of the Statutes
Amendment (Boards and Committees—Abolition and Reform)
Act 2014.
(4) A provision of a
regulation made under
subsection (3) may,
if the regulation so provides, take effect from the commencement of this
subsection or from a later day.
(5) To the extent to which a provision takes effect under
subsection (4) 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.
Schedule 1—delete Schedule 1
(1) A member of a reference group established under Part 2
Division 3 of the Training
and Skills Development Act 2008 as in force immediately before the
commencement of
section 298 of this
Act ceases to hold office on the commencement of this subsection.
(2) A member of a panel established under Schedule 1 of the Training
and Skills Development Act 2008 as in force immediately before the
commencement of
section 301 of this
Act ceases to hold office on the commencement of this subsection.
Part 43—Amendment
of Urban Renewal
Act 1995
303—Amendment
of section 7—Committees and subcommittees
(1) Section 7(1)—delete subsection (1)
(2) Section 7(2)—delete "other committees and subcommittees" and
substitute:
committees and subcommittees for the purposes of this Act
A member of an advisory committee established under section 7(1) of
the Urban
Renewal Act 1995 as in force immediately before the commencement of
section 303 of this
Act ceases to hold office on the commencement of this section.
Part 44—Amendment
of Wilderness Protection
Act 1992
305—Amendment
of section 3—Interpretation
(1) Section 3(1)—after the definition of owner
insert:
Parks and Wilderness Council means the Parks and Wilderness
Council established under the National Parks Act;
(2) Section 3(1), definition of the Wilderness Advisory
Committee—delete the definition
(3) Section 3(1), definition of the wilderness code of
management—delete "adopted by the Minister"
306—Amendment
of heading to Part 2 Division 2
Heading to Part 2 Division 2—delete "The Wilderness Advisory
Committee" and substitute:
Functions of Parks and Wilderness Council under this Act
307—Repeal
of sections 8 to 10
Sections 8 to 10 (inclusive)—delete the sections
308—Amendment
of section 11—Functions of Parks and Wilderness Council under this
Act
(1) Section 11(1)—delete "Committee" wherever occurring and
substitute in each case:
Parks and Wilderness Council
(2) Section 11(2)—delete subsection (2)
309—Amendment
of section 12—Wilderness code of management
(1) Section 12(1)—delete subsection (1) and substitute:
(1) The code of management of wilderness protection areas and wilderness
protection zones in force immediately before the commencement this subsection
continues.
(1a) The code of management may be varied or substituted at any time by
the Minister in accordance with the requirements and procedures set out in this
section.
(2) Section 12(3)—delete subsection (3) and substitute:
(3) The Parks and Wilderness Council must, at the request of the Minister
and in consultation with the Director, prepare a draft variation or substitution
of the code of management (a draft code) for submission to the
Minister.
(3a) The Minister must, on receipt of a draft code, give public notice
specifying—
(a) an address at which copies of the draft code may be inspected or
purchased; and
(b) an address to which submissions in connection with the draft code may
be forwarded.
(3) Section 12(4)—delete "draft code of management" and
substitute:
draft code
(4) Section 12(6)—delete "code to the Wilderness Advisory Committee"
and substitute:
draft code to the Parks and Wilderness Council
(5) Section 12(7)—delete "Committee" and substitute:
Parks and Wilderness Council
(6) Section 12(8)—delete "of management" wherever
occurring
(7) Section 12(8)—delete "Wilderness Advisory Committee" wherever
occurring and substitute in each case:
Parks and Wilderness Council
(8) Section 12(9)—before "code of management" insert:
revised or substituted
(9) Section 12(10)—delete "adopted under this section" and
substitute:
as in force at that time
(10) Section 12(11)—delete subsection (11)
310—Amendment
to section 13—Appointment of wardens
Section 13(7)—delete "Petroleum
Act 2000" and substitute:
Petroleum
and Geothermal Energy Act 2000
311—Amendment
of section 22—Constitution of wilderness protection areas and wilderness
protection zones
(1) Section 22(6)(b)—delete "Wilderness Advisory Committee" and
substitute:
Parks and Wilderness Council
(2) Section 22(6)(b)—delete "Committee" second occurring and
substitute:
Council
(3) Section 22(6)(c)(ii)—delete "Committee's" and
substitute:
Parks and Wilderness Council's
(4) Section 22(6)(d)—delete ", the South Australian National Parks
and Wildlife Council"
(5) Section 22(6)(f)—delete "Wilderness Advisory Committee" and
substitute:
Parks and Wilderness Council
(6) Section 22(6)(f)—delete "Committee" second occurring and
substitute:
Council
312—Amendment
of section 28—Control and administration of wilderness protection areas
and zones
Section 28(9)—after "National Parks Act" insert:
or to the Minister
Section 30—delete the section
314—Amendment
of section 31—Plans of management
(1) Section 31(11)—delete "Wilderness Advisory Committee" and
substitute:
Parks and Wilderness Council
(2) Section 31(12)—delete "Committee" and substitute:
Parks and Wilderness Council
(3) Section 31(13)—delete "Wilderness Advisory Committee" wherever
occurring and substitute in each case:
Parks and Wilderness Council
315—Amendment
of section 33A—Co-management of wilderness protection areas or
zones
(1) Section 33A(6)(b)(i)—delete "Wilderness Advisory Committee" and
substitute:
Parks and Wilderness Council
(2) Section 33A(6)(b)(i)—delete "Committee" second occurring and
substitute:
Council
(3) Section 33A(6)(b)(ii) and (iii)—delete "Committee's" wherever
occurring and substitute in each case:
Parks and Wilderness Council's
(4) Section 33A(6)(b)(iv)—delete "Wilderness Advisory Committee" and
substitute:
Parks and Wilderness Council
(5) Section 33A(6)(b)(iv)—delete "Committee" second occurring and
substitute:
Council
316—Amendment
of section 38A—Entrance fees etc for wilderness protection areas or
zones
Section 38A(3)—delete subsection (3) and substitute:
(3) A fee payable under subsection (1) must be paid
to—
(a) the Trust established for the area or zone under the National
Parks and Wildlife Act 1972; or
(b) if no Trust has been established under that Act for the area or
zone—the Minister (who must pay the amount into the General Reserves Fund
continued in existence under the National Parks Act).
317—Amendment
of section 41—Regulations
Section 41—after subsection (3) insert:
(4) The Governor
may, by regulation, make additional provisions of a saving or transitional
nature consequent on the enactment of the Statutes
Amendment (Boards and Committees—Abolition and Reform)
Act 2014.
(5) A provision of
a regulation made under
subsection (4)
may, if the regulation so provides, take effect from the commencement of this
subsection or from a later day.
(6) To the extent to which a provision takes effect under
subsection (5)
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.
A member of the Wilderness Advisory Committee ceases to hold office on the
commencement of this section.