South Australian Numbered Regulations South Australian Numbered Regulations4—Insertion of Schedules 1 and 2
After regulation 26 insert:
Schedule 1—Exemptions from section 6H of the Act
1—Interpretation
In this Schedule, an expression used in a clause has the same meaning as the
expression has in the Act referred to in the heading of the clause.
2— Aboriginal Lands Trust Act 1966
A member of the Aboriginal Lands Trust is exempt from the application of
section 6H of the Public Sector Management Act 1995 in respect of an
interest in a matter that is shared in common with Aboriginal persons
generally or members of an Aboriginal community, or a substantial section of
Aboriginal persons or members of an Aboriginal community.
3— Adelaide Festival Centre Trust Act 1971
A trustee of the Adelaide Festival Centre Trust is exempt from the application
of section 6H of the Public Sector Management Act 1995 in respect of an
interest in a matter that is shared in common with arts industry generally, or
a substantial section of the arts industry.
4— Adelaide Festival Corporation Act 1998
A member of the governing board of the Adelaide Festival Corporation is exempt
from the application of section 6H of the Public Sector Management
Act 1995 in respect of an interest in a matter that is shared in common
with the arts industry generally, or a substantial section of the arts
industry.
5— Animal and Plant Control (Agricultural Protection and Other Purposes)
Act 1986
A member of the Animal and Plant Control Commission is exempt from the
application of section 6H of the Public Sector Management Act 1995 in
respect of an interest in a matter that is shared in common with those engaged
in or associated with animal or plant control generally or primary industry
generally, or a substantial section of those engaged in or associated with
animal or plant control or primary industry.
A member of the Art Gallery Board is exempt from the application of section 6H
of the Public Sector Management Act 1995 in respect of an interest in a
matter that is shared in common with the arts industry generally, or a
substantial section of the arts industry.
7— Botanic Gardens and State Herbarium Act 1978
A member of the Board of the Botanic Gardens and State Herbarium is exempt
from the application of section 6H of the Public Sector Management
Act 1995 in respect of an interest in a matter arising by reason of the
fact that the member is a member of the staff assisting in the administration
of the Botanic Gardens and State Herbarium Act 1978 .
8— Carrick Hill Trust Act 1985
A member of the Carrick Hill Trust is exempt from the application of section
6H of the Public Sector Management Act 1995 in respect of an interest in
a matter arising by reason of the fact that the member is an employee of the
Trust.
9— Chiropractors Act 1991
A member of the Chiropractors Board of South Australia is exempt from the
application of section 6H of the Public Sector Management Act 1995 in
respect of an interest in a matter that is shared in common with chiropractors
generally, or a substantial section of chiropractors.
A member of the Citrus Board of South Australia is exempt from the application
of section 6H of the Public Sector Management Act 1995 in respect of an
interest in a matter that is shared in common with those engaged in or
associated with the citrus growing industry generally, or a substantial
section of those engaged in or associated with the citrus growing industry.
11— Construction Industry Long Service Leave Act 1987
A member of the Construction Industry Long Service Leave Board is exempt from
the application of section 6H of the Public Sector Management Act 1995 in
respect of an interest in a matter that is shared in common with those engaged
in or associated with the construction industry generally, or a substantial
section of those engaged in or associated with the construction industry.
12— Construction Industry Training Fund Act 1993
A member of the Construction Industry Training Board is exempt from the
application of section 6H of the Public Sector Management Act 1995 in
respect of an interest in a matter that is shared in common with those engaged
in or associated with the construction industry generally, or a substantial
section of those engaged in or associated with the construction industry.
A member of the Dairy Authority of South Australia is exempt from the
application of section 6H of the Public Sector Management Act 1995 in
respect of an interest in a matter that is shared in common with those engaged
in or associated with the dairy industry generally, or a substantial section
of those engaged in or associated with the dairy industry.
A member of the Dental Board of South Australia is exempt from the application
of section 6H of the Public Sector Management Act 1995 in respect of an
interest in a matter that is shared in common with those engaged in or
associated with dental practice generally, or a substantial section of those
engaged in or associated with dental practice.
15— Dog and Cat Management Act 1995
A member of the Dog and Cat Management Board is exempt from the application of
section 6H of the Public Sector Management Act 1995 in respect of an
interest in a matter that is shared in common with the other Board members, or
persons engaged in or associated with dog or cat management generally, or a
substantial section of those engaged in or associated with dog or cat
management.
A member of the Dog Fence Board is exempt from the application of section 6H
of the Public Sector Management Act 1995 in respect of an interest in a
matter that is shared in common with those engaged in or associated with
animal or plant control generally or primary industry generally, or a
substantial section of those engaged in or associated with animal or plant
control or primary industry.
17— Essential Services Commission Act 2002
The Chairperson, an Acting Chairperson or a Commissioner of the Essential
Services Commission is exempt from the application of section 6H of the Public
Sector Management Act 1995 in respect of the supply of goods or services
that are available to members of the public on the same terms and conditions.
18— History Trust of South Australia Act 1981
A member of the History Trust of South Australia is exempt from the
application of section 6H of the Public Sector Management Act 1995 in
respect of an interest in a matter arising by reason of the fact that the
member is an employee of the Trust.
A member of the Libraries Board of South Australia is exempt from the
application of section 6H of the Public Sector Management Act 1995 in
respect of an interest in a matter that is shared in common with public
librarians generally, or a substantial section of public librarians.
20— Medical Practitioners Act 1983
A member of the Medical Board is exempt from the application of section 6H of
the Public Sector Management Act 1995 in respect of an interest in a
matter that is shared in common with those engaged in or associated with
medical practice generally, or a substantial section of those engaged in or
associated with medical practice.
21— Nurses Act 1999
A member of the Nurses Board of South Australia is exempt from the application
of section 6H of the Public Sector Management Act 1995 in respect of an
interest in a matter that is shared in common with nurses generally, or a
substantial section of nurses.
A member of the Optometrists Board is exempt from the application of section
6H of the Public Sector Management Act 1995 in respect of an interest in
a matter that is shared in common with optometrists generally, or a
substantial section of optometrists.
A member of the Pharmacy Board of South Australia is exempt from the
application of section 6H of the Public Sector Management Act 1995 in
respect of an interest in a matter that is shared in common with pharmacists
generally, or a substantial section of pharmacists.
24— Phylloxera and Grape Industry Act 1995
A member of the Phylloxera and Grape Industry Board of South Australia is
exempt from the application of section 6H of the Public Sector Management
Act 1995 in respect of an interest in a matter that is shared in common
with those engaged in or associated with the grape growing industry generally
or the wine industry generally, or a substantial section of those engaged in
or associated with the grape growing industry or the wine industry.
25— Physiotherapists Act 1991
A member of the Physiotherapists Board of South Australia is exempt from the
application of section 6H of the Public Sector Management Act 1995 in
respect of an interest in a matter that is shared in common with
physiotherapists generally, or a substantial section of physiotherapists.
26— Psychological Practices Act 1973
A member of the South Australian Psychological Board is exempt from the
application of section 6H of the Public Sector Management Act 1995 in
respect of an interest in a matter that is shared in common with psychologists
generally or psychiatrists generally or a substantial section of psychologists
or psychiatrists.
27— Soil Conservation and Land Care Act 1989
A member of a soil conservation board is exempt from the application of
section 6H of the Public Sector Management Act 1995 in respect of an
interest in a matter that is shared in common with persons in the district for
which the board is established generally or primary producers in the district
generally, or a substantial section of those persons or primary producers.
28— South Australian Co-operative and Community Housing Act 1991
A member of the South Australian Community Housing Authority is exempt from
the application of section 6H of the Public Sector Management Act 1995 in
respect of an interest in a matter that is shared in common with members of
registered housing co-operatives generally, or a substantial section of
members of registered housing co-operatives.
29— South Australian Country Arts Trust Act 1992
(1) A member of the
South Australian Country Arts Trust is exempt from the application of section
6H of the Public Sector Management Act 1995 in respect of an interest in
a matter that is shared in common with the arts industry generally, or a
substantial section of the arts industry.
(2) A member of a
Country Arts Board is exempt from the application of section 6H of the Public
Sector Management Act 1995 in respect of an interest in a matter that is
shared in common with the arts industry generally, or a substantial section of
the arts industry.
30— South Australian Film Corporation Act 1972
A member of the South Australian Film Corporation is exempt from the
application of section 6H of the Public Sector Management Act 1995 in
respect of an interest in a matter that is shared in common with the public or
film industry generally, or a substantial section of the public or film
industry.
31— South Australian Health Commission Act 1976
(1) A member of the
South Australian Health Commission is exempt from the application of section
6H of the Public Sector Management Act 1995 in respect of an interest in
a matter that is shared in common with those engaged in or associated with the
health care industry generally, or a substantial section of those engaged in
or associated with the health care industry.
(2) A member of a
board of directors of an incorporated hospital is exempt from the application
of section 6H of the Public Sector Management Act 1995 in respect of an
interest in a matter consisting of the fact that the member is an employee of
the hospital.
(3) A member of a
board of directors of an incorporated health centre is exempt from the
application of section 6H of the Public Sector Management Act 1995 in
respect of an interest in a matter consisting of the fact that the member is
an employee of the health centre.
32— South Australian Housing Trust Act 1995
(1) A member of the
board of management of the South Australian Housing Trust is exempt from the
application of section 6H(1)(d) of the Public Sector Management Act 1995
in respect of an interest in a matter—
(a)
arising because the member has shares in a public company that is interested
in a contract with SAHT, provided that the person's interest does not amount
to a substantial shareholding in the company; or
(b)
arising because the member is a tenant of SAHT, or a party to a contract for
the purchase of a house from SAHT, provided that the matter under
consideration is of general application to all persons in that situation, or
to a substantial number of them; or
(c) that
has been under consideration by the board on a previous occasion or occasions
and the board has resolved that there is no real or substantial reason why the
member should not be present in the circumstances of the particular case.
(2) For the purposes
of this regulation, a person has a substantial shareholding in a
public company if the person has a substantial shareholding in the company for
the purposes of Chapter 6 of the Corporations Act 2001 of the Commonwealth.
(3) In this
regulation—
"public company" means a public company as defined in section 9 of the
Corporations Act 2001 of the Commonwealth.
33— South Australian Tourism Commission Act 1993
A member of the board of directors of the South Australian Tourism Commission
is exempt from the application of section 6H of the Public Sector Management
Act 1995 in respect of an interest in a matter that is shared in common
with the tourism industry generally, or a substantial section of the tourism
industry.
34— State Opera of South Australia Act 1976
A member of the Board of Management of The State Opera of South Australia is
exempt from the application of section 6H of the Public Sector Management
Act 1995 in respect of an interest in a matter that is shared in common
with the arts industry generally, or a substantial section of the arts
industry.
35— State Theatre Company of South Australia Act 1972
A member of the Board of Governors of the State Theatre Company of South
Australia is exempt from the application of section 6H of the Public Sector
Management Act 1995 in respect of an interest in a matter that is shared
in common with the arts industry generally, or a substantial section of the
arts industry.
36— Veterinary Surgeons Act 1985
A member of the Veterinary Surgeons Board is exempt from the application of
section 6H of the Public Sector Management Act 1995 in respect of an
interest in a matter that is shared in common with veterinary surgeons
generally, or a substantial section of veterinary surgeons.
Schedule 2—Exemptions from section 6L of the Act
1—Interpretation
In this Schedule, an expression used in a clause has the same meaning as the
expression has in the Act referred to in the heading of the clause.
2— Aboriginal Heritage Act 1988
A member of the Aboriginal Heritage Committee is exempt from the application
of section 6L of the Public Sector Management Act 1995 in respect of an
interest in a matter that is shared in common with Aboriginal persons
generally, or a substantial section of Aboriginal persons.
3— Animal and Plant Control (Agricultural Protection and Other Purposes)
Regulations 2002
(1) A member of the
Deer Advisory Committee is exempt from the application of section 6L of the
Public Sector Management Act 1995 in respect of an interest in a matter
that is shared in common with those engaged in or associated with deer farming
generally or sporting shooting generally, or a substantial section of those
engaged in or associated with deer farming or sporting shooting.
(2) A member of the
Exotic Bird Advisory Committee is exempt from the application of section 6L of
the Public Sector Management Act 1995 in respect of an interest in a
matter that is shared in common with those engaged in or associated with bird
fanciers generally or the pet industry generally, or a substantial section of
bird fanciers or those engaged in or associated with the pet industry.
(1) A member of the
Aquaculture Advisory Committee is exempt from the application of section 6L of
the Public Sector Management Act 1995 in respect of an interest in a
matter that is shared in common with those engaged in or associated with the
aquaculture industry generally, or a substantial section of those engaged in
or associated with the aquaculture industry.
(2) A member of the
Aquaculture Tenure Allocation Board is exempt from the application of section
6L of the Public Sector Management Act 1995 in respect of an interest in
a matter that is shared in common with those engaged in or associated with the
aquaculture industry generally, or a substantial section of those engaged in
or associated with the aquaculture industry.
5— Boxing and Martial Arts Act 2000
A member of an advisory committee established under section 4 of the
Boxing and Martial Arts Act 2000 is exempt from the application of
section 6L of the Public Sector Management Act 1995 in respect of an
interest in a matter that is shared in common with those engaged in or
associated with the boxing industry generally or the martial arts industry
generally, or a substantial section of those engaged in or associated with the
boxing industry or the martial arts industry.
6— Building Work Contractors Act 1995
A member of the advisory panel established under section 41 of the
Building Work Contractors Act 1995 is exempt from the application of
section 6L of the Public Sector Management Act 1995 in respect of an
interest in a matter that is shared in common with those engaged in or
associated with the building industry generally, or a substantial section of
those engaged in or associated with the building industry.
7— Controlled Substances Act 1984
A member of the Controlled Substances Advisory Council is exempt from the
application of section 6L of the Public Sector Management Act 1995 in
respect of an interest in a matter that is shared in common with those engaged
in or associated with the manufacture or sale of substances or devices to
which the Controlled Substances Act 1984 applies generally, or a
substantial section of those engaged in or associated with the manufacture or
sale of such substances or devices.
A member of a committee established under section 28 of the Dairy Industry
Act 1992 is exempt from the application of section 6L of the Public
Sector Management Act 1995 in respect of an interest in a matter that is
shared in common with those engaged in or associated with the dairy industry
generally, or a substantial section of those engaged in or associated with the
dairy industry.
A member of the Standing Committee on Religious Education in Government
Schools is exempt from the application of section 6L of the Public Sector
Management Act 1995 in respect of an interest in a matter that is shared
in common with members or adherents of Churches or religions generally, or a
substantial section of members or adherents of Churches or religions.
10— Fisheries (Management Committees) Regulations 1995
A member of a management committee established under regulation 4 of the
Fisheries (Management Committees) Regulations 1995 is exempt from the
application of section 6L of the Public Sector Management Act 1995 in
respect of an interest in a matter that is shared in common with recreational
fishers generally or those engaged in or associated with a fishery in relation
to which a management committee is established generally, or a substantial
section of recreational fishers or those engaged in or associated with a
fishery in relation to which a management committee is established.
11— Genetically Modified Crops Management Act 2004
A member of the GM Crop Advisory Committee is exempt from the application of
section 6L of the Public Sector Management Act 1995 in respect of an
interest in a matter that is shared in common with those engaged in or
associated with primary production generally, or a substantial section of
those engaged in or associated with primary production.
12— Harbors and Navigation Regulations 1994
A member of the Boating Facility Advisory Committee is exempt from the
application of section 6L of the Public Sector Management Act 1995 in
respect of an interest in a matter that is shared in common with those engaged
in or associated with the boating industry generally, recreational boating
generally, recreational fishing generally or the fishing industry generally,
or a substantial section of those engaged in or associated with the boating
industry, recreational boating, recreational fishing or the fishing industry.
13— Health and Community Services Complaints Act 2004
A member of the Health and Community Services Advisory Council is exempt from
the application of section 6L of the Public Sector Management Act 1995 in
respect of an interest in a matter that is shared in common with health and
community service providers generally, or a substantial section of health and
community service providers.
14— Industrial and Employee Relations Act 1994
A member of the Industrial Relations Advisory Committee is exempt from the
application of section 6L of the Public Sector Management Act 1995 in
respect of an interest in a matter that is shared in common with employers
generally or employees generally, or a substantial section of employers or
employees.
A member of a livestock advisory group established under section 8 of the
Livestock Act 1997 is exempt from the application of section 6L of the
Public Sector Management Act 1995 in respect of an interest in a matter
that is shared in common with those engaged in or associated with the relevant
sector of the livestock industry generally, or a substantial section of those
engaged in or associated with relevant sector of the livestock industry.
A member of the Meat Hygiene Advisory Council is exempt from the application
of section 6L of the Public Sector Management Act 1995 in respect of an
interest in a matter that is shared in common with those engaged in or
associated with the meat processing industry generally, or a substantial
section of those engaged in or associated with the meat processing industry.
17— Motor Vehicles (Accident Towing Roster Scheme) Regulations 2000
A member of the Accident Towing Roster Review Committee is exempt from the
application of section 6L of the Public Sector Management Act 1995 in
respect of an interest in a matter that is shared in common with those engaged
in or associated with the motor vehicle towing industry generally, or a
substantial section of those engaged in or associated with the motor vehicle
towing industry.
18— National Parks and Wildlife Act 1972
A member of the South Australian National Parks and Wildlife Council is exempt
from the application of section 6L of the Public Sector Management
Act 1995 in respect of 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.
19— Native Vegetation Act 1991
A member of the Native Vegetation Council is exempt from the application of
section 6L of the Public Sector Management Act 1995 in respect of an
interest in a matter that is shared in common with primary producers
generally, or a substantial section of primary producers.
20— Noxious Insects Act 1934
A member of the advisory committee established under section 13 of the Noxious
Insects Act 1934 is exempt from the application of section 6L of the
Public Sector Management Act 1995 in respect of an interest in a matter
that is shared in common with primary producers generally, or a substantial
section of primary producers.
21— Occupational Health, Safety and Welfare Act 1986
A member of the Occupational Health, Safety and Welfare Advisory Committee is
exempt from the application of section 6L of the Public Sector Management
Act 1995 in respect of an interest in a matter that is shared in common
with the public or employers or employees generally, or a substantial section
of the public or employers or employees.
22— Pastoral Land Management and Conservation Act 1989
A member of the Pastoral Board is exempt from the application of section 6L of
the Public Sector Management Act 1995 in respect of an interest in a
matter that is shared in common with pastoralists generally, or a substantial
section of pastoralists.
23— Pitjantjatjara Land Rights Act 1981
A member of the Mintabie Consultative Committee is exempt from the application
of section 6L of the Public Sector Management Act 1995 in respect of an
interest in a matter that is shared in common with Pitjantjatjara generally or
Mintabie residents generally, or a substantial section of Pitjantjatjara or
Mintabie residents.
24— Plumbers, Gas Fitters and Electricians Act 1995
A member of an advisory panel established under section 26 of the
Plumbers, Gas Fitters and Electricians Act 1995 is exempt from the
application of section 6L of the Public Sector Management Act 1995 in
respect of an interest in a matter that is shared in common with plumbers or
gasfitters or electricians generally, or a substantial section of plumbers or
gasfitters or electricians.
25— Prevention of Cruelty to Animals Act 1985
A member of the Animal Welfare Advisory Committee is exempt from the
application of section 6L of the Public Sector Management Act 1995 in
respect of an interest in a matter that is shared in common with those engaged
in or associated with primary production generally, animal welfare
organisations generally, veterinary practice generally or medical or
biological research generally, or a substantial section of those engaged in or
associated with any of those fields.
26— Retail and Commercial Leases Act 1995
A member of the Retail Shop Leases Advisory Committee is exempt from the
application of section 6L of the Public Sector Management Act 1995 in
respect of an interest in a matter that is shared in common with lessors
generally or lessees generally, or a substantial section of lessors or
lessees.
A member of the Plumbing Advisory Board is exempt from the application of
section 6L of the Public Sector Management Act 1995 in respect of an
interest in a matter that is shared in common with plumbers generally, or a
substantial section of plumbers.
28— Soil Conservation and Land Care Act 1989
A member of the Soil Conservation Council is exempt from the application of
section 6L of the Public Sector Management Act 1995 in respect of an
interest in a matter that is shared in common with primary producers
generally, or a substantial section of primary producers.
29— South Eastern Water Conservation and Drainage Act 1992
A member of the Eight Mile Creek Water Conservation and Drainage Advisory
Committee is exempt from the application of section 6L of the Public Sector
Management Act 1995 in respect of an interest in a matter that is shared
in common with those who are landholders within the Eight Mile Creek area
generally, or a substantial section of those who are landholders within the
Eight Mile Creek area.
30— Supported Residential Facilities Act 1992
A member of the Supported Residential Facilities Advisory Committee is exempt
from the application of section 6L of the Public Sector Management
Act 1995 in respect of an interest in a matter that is shared in common
with operators of supported residential facilities generally or employees in
supported residential facilities generally, or a substantial section of such
operators or employees.
31— Survey Act 1992
A member of the Survey Advisory Committee is exempt from the application of
section 6L of the Public Sector Management Act 1995 in respect of an
interest in a matter that is shared in common with those engaged in or
associated with surveying generally, or a substantial section of those engaged
in or associated with surveying.
A member of the Trade Standards Advisory Council is exempt from the
application of section 6L of the Public Sector Management Act 1995 in
respect of an interest in a matter that is shared in common with employers
generally, suppliers of goods generally or consumers generally, or a
substantial section of employers, suppliers of goods or consumers.
33— Training and Skills Development Act 2003
A member of the Training and Skills Commission is exempt from the application
of section 6L of the Public Sector Management Act 1995 in respect of an
interest in a matter that is shared in common with employers generally or
employees generally, or a substantial section of employers or employees.
34— Water Resources Regulations 1997
A member of the Water Well Drilling Committee is exempt from the application
of section 6L of the Public Sector Management Act 1995 in respect of an
interest in a matter that is shared in common with those engaged in or
associated with well drilling generally, or a substantial section of those
engaged in or associated with well drilling.
35— Workers Rehabilitation and Compensation Act 1986
A member of the Workers Rehabilitation and Compensation Advisory Committee is
exempt from the application of section 6L of the Public Sector Management
Act 1995 in respect of an interest in a matter that is shared in common
with employers generally or employees generally, or a substantial section of
employers or employees.
Note—
As required by section 10AA(2) of the Subordinate Legislation Act 1978 , the
Minister has certified that, in the Minister's opinion, it is necessary or
appropriate that these regulations come into operation as set out in these
regulations.