South Australian Current Acts South Australian Current ActsSchedule 1—Transitional provisions
The Governor may, by proclamation, declare that a reference in an Act or
instrument to a Minister is a reference to the Corporation and the
proclamation has effect in accordance with its terms.
2—Vesting of property, rights etc in Corporation
(1) Subject to the
Forestry Act 1950 , as amended by Schedule 2, the Corporation succeeds to
all the property, rights, powers, liabilities and obligations of the Minister
arising from the operation of the Forestry Act 1950 as in force before
the commencement of Schedule 2.
(2) A certificate
executed by the Minister certifying that any specified property, right, power,
liability or obligation has vested in the Corporation by virtue of this clause
is to be taken to be conclusive evidence of the matter so certified.
(3) An apparently
genuine document purporting to be a certificate of the Minister under
subclause (2) is to be presumed to be such a certificate in the absence
of proof to the contrary.
(4) Despite
section 29(1) of the Public Corporations Act 1993 , where property vests
by virtue of this clause in the Corporation, the vesting of the property, and
any instrument evidencing or giving effect to that vesting, are exempt from
stamp duty.
3—Application of Real Property Act
(1) The
Registrar-General must, on the application of the Corporation, register the
Corporation as the proprietor of an estate in land that has vested in the
Corporation under this Schedule.
(2) An instrument
relating to land that has vested in the Corporation under this Schedule must,
if the instrument is executed by the Corporation and is otherwise in
registrable form, be registered by the Registrar-General despite the fact that
the Corporation has not been registered as the proprietor of the land under
subclause (1).
(1) The Minister may,
at any time within the period of three months immediately following the
commencement of this Schedule, transfer specified employees of the Department,
or employees of the Department of a specified class, to the employment of the
Corporation.
(2) An employee
transferred under subclause (1) to the employment of the Corporation will
have rights, obligations and liabilities in respect of his or her employment
with the Corporation that are the same as or equivalent to those that would
apply if—
(a) the
unit, within the Department for Administrative and Information Services, known
as ForestrySA continued as a unit within the Public Service; and
(b) the
employee continued as an employee of the Department.
(3) Subclause (2)
applies to an employee transferred to the employment of the Corporation
subject to any industrial or enterprise award, determination or agreement that
may become binding on the Corporation after the transfer.
(4) In this
clause—
employee of the Department means—
(a) a
person employed in the Public Service in the Department for Administrative and
Information Services; or
(b) an
employee of the Crown (other than a person employed in the Public Service) who
is subject to the direction of the chief executive of the Department for
Administrative and Information Services in that employment.
5—Appointment of first chief executive
(1) The first
appointment to the position of chief executive of the Corporation is to be
made by the Minister (but, on such an appointment having been made, the person
so appointed will be taken to be an employee of the Corporation).
(2) Any subsequent
appointment to the position of chief executive of the Corporation is to be
made by the board under Part 4.
The Corporation's report to the Minister on its operations during a financial
year may incorporate a report on the operations of the unit, within the
Department for Administrative and Information Services, known as ForestrySA
during that financial year.