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This is a Bill, not an Act. For current law, see the Acts databases.
[BIL088-A.HAA]
House of Assembly—No. 86
[As laid on the table and read a first time on 24 October 2002]
South Australia
[Prepared by the Parliamentary Counsel]
STATUTES AMENDMENT AND REPEAL (NATIONAL COMPETITION POLICY) BILL 2002
A Bill For
An Act to amend the Conveyancers Act 1994, the Land and Business (Sale and Conveyancing) Act 1994 and the Local Government Act 1934; and to repeal the Advances to Settlers Act 1930, the Emergency Powers Act 1941, the Loans for Fencing and Water Piping Act 1938, the Loans to Producers Act 1927 and the Student Hostels (Advances) Act 1961.
[OPC-15]
SUMMARY OF PROVISIONS
PART 1
PRELIMINARY
1.Short title
2.Commencement
3.Interpretation
PART 2
AMENDMENT OF CONVEYANCERS ACT 1994
4.Amendment of s. 3—Interpretation
5.Amendment of s. 7—Entitlement to be registered
PART 3
AMENDMENT OF LAND AND BUSINESS (SALE AND CONVEYANCING) ACT 1994
6.Amendment of s. 3—Interpretation
PART 4
AMENDMENT OF LOCAL GOVERNMENT ACT 1934
7.Repeal of s. 586
8.Substitution of s. 589
589.Neglected cemeteries
9.Amendment of s. 595—Regulations
10.Amendment of s. 667—By-laws
PART 5
REPEAL OF ADVANCES TO SETTLERS ACT 1930
11.Repeal
PART 6
REPEAL OF EMERGENCY POWERS ACT 1941
12.Repeal
PART 7
REPEAL OF LOANS FOR FENCING AND WATER PIPING ACT 1938
13.Repeal
PART 8
REPEAL OF LOANS TO PRODUCERS ACT 1927
14.Repeal
PART 9
REPEAL OF STUDENT HOSTELS (ADVANCES) ACT 1961
15.Repeal
The Parliament of South Australia enacts as follows:
PART 1
PRELIMINARY
Short title
1. This Act may be cited as the Statutes Amendment and Repeal (National Competition Policy) Act 2002.
Commencement
2. This Act will come into operation on a day to be fixed by proclamation.
Interpretation
3. A reference in this Act to the principal Act is a reference to the Act referred to in the heading to the Part in which the reference occurs.
PART 2
AMENDMENT OF CONVEYANCERS ACT 1994
Amendment of s. 3—Interpretation
4. Section 3 of the principal Act is amended by striking out the definition of "legal practitioner" and substituting the following definition:
"legal practitioner" has the same meaning as in the Legal Practitioners Act 1981;.
Amendment of s. 7—Entitlement to be registered
5. Section 7 of the principal Act is amended—
(a)by striking out paragraph (b) of subsection (1) and substituting the following paragraph:
(b)has not—
(i)been convicted of an indictable offence of dishonesty; or
(ii)during the period of 10 years preceding the application for registration, been convicted of a summary offence of dishonesty; and;
(b)by striking out subparagraph (i) of subsection (2)(b) and substituting the following subparagraph:
(i)has—
(A)been convicted of an indictable offence of dishonesty; or
(B)during the period of 10 years preceding the application for registration, been convicted of a summary offence of dishonesty; or.
PART 3
AMENDMENT OF LAND AND BUSINESS (SALE AND CONVEYANCING) ACT 1994
Amendment of s. 3—Interpretation
6. Section 3 of the principal Act is amended by striking out the definition of "legal practitioner" and substituting the following definition:
"legal practitioner" has the same meaning as in the Legal Practitioners Act 1981;.
PART 4
AMENDMENT OF LOCAL GOVERNMENT ACT 1934
Repeal of s. 586
7. Section 586 of the principal Act is repealed.
Substitution of s. 589
8. Section 589 of the principal Act is repealed and the following section substituted:
Neglected cemeteries
589. (1) If the council is of the opinion that a cemetery within the area—
(a)is in a neglected condition; or
(b)in any manner fails to comply with a requirement of a regulation made by the Governor under this Part,
the council may, by order, require the person in whom the fee simple of the cemetery is vested (whether as trustee or otherwise) to carry out any work for the purpose of remedying the condition of neglect or complying with the requirement.
(2) Divisions 2 and 3 of Part 2 of Chapter 12 of the Local Government Act 1999 apply with respect to—
(a)a proposal to make an order; and
(b)an order made,
under subsection (1).
(3) If a cemetery is vested in any person as trustee and the cemetery was established before the commencement of this Act, an amount recoverable by the council from the trustee under Division 2 of Part 2 of Chapter 12 of the Local Government Act 1999 is limited to the amount in the hands of the trustee for the purposes of the cemetery.
Amendment of s. 595—Regulations
9. Section 595 of the principal Act is amended by striking out paragraph (f) of subsection (1).
Amendment of s. 667—By-laws
10. Section 667 of the principal Act is amended by striking out subparagraph XXII of paragraph 4 of subsection (1).
PART 5
REPEAL OF ADVANCES TO SETTLERS ACT 1930
Repeal
11. The Advances to Settlers Act 1930 is repealed.
PART 6
REPEAL OF EMERGENCY POWERS ACT 1941
Repeal
12. The Emergency Powers Act 1941 is repealed.
PART 7
REPEAL OF LOANS FOR FENCING AND WATER PIPING ACT 1938
Repeal
13. The Loans for Fencing and Water Piping Act 1938 is repealed.
PART 8
REPEAL OF LOANS TO PRODUCERS ACT 1927
Repeal
14. The Loans to Producers Act 1927 is repealed.
PART 9
REPEAL OF STUDENT HOSTELS (ADVANCES) ACT 1961
Repeal
15. The Student Hostels (Advances) Act 1961 is repealed.
By Authority: J. D. Ferguson, Government Printer, South Australia