This legislation has been repealed.
Notes
• Please note—References in the legislation to other
legislation or instruments or to titles of bodies or offices are not
automatically updated as part of the program for the revision and publication of
legislation and therefore may be obsolete.
• Earlier versions of this Act (historical versions) are listed at
the end of the legislative history.
• For further information relating to the Act and subordinate
legislation made under the Act see the Index of South Australian Statutes or
www.legislation.sa.gov.au.
Repeal of Act
The Aboriginal Lands Trust Act 1966 was repealed by Sch 1
cl 6 of the Aboriginal Lands Trust Act 2013 on 1.7.2014.
Principal Act and amendments
Year |
No |
Title |
Assent |
Commencement |
1966 |
87 |
8.12.1966 |
8.12.1966 (Gazette 8.12.1966 p2152) |
|
1968 |
41 |
Aboriginal Lands Trust Act Amendment Act 1968 |
19.12.1968 |
19.12.1968 |
1973 |
10 |
Aboriginal Lands Trust Act Amendment Act 1973 |
6.9.1973 |
8.11.1973 (Gazette 8.11.1973 p2795) |
1975 |
100 |
Aboriginal Lands Trust Act Amendment Act 1975 |
20.11.1975 |
20.11.1975 |
1984 |
65 |
Aboriginal Lands Trust Act Amendment Act 1984 |
27.9.1984 |
27.9.1984 |
1990 |
6 |
Aboriginal Lands Trust Act Amendment Act 1990 |
5.4.1990 |
5.4.1990 |
1991 |
58 |
Aboriginal Lands Trust (Parliamentary Committee and Business Advisory
Panel) Amendment Act 1991 |
28.11.1991 |
16.1.1992 (Gazette 16.1.1992 p126) |
1993 |
16 |
Aboriginal Lands Trust (Miscellaneous) Amendment
Act 1993 |
8.4.1993 |
17.6.1993 (Gazette 17.6.1993 p1969) |
1998 |
3 |
Aboriginal Lands Trust (Native Title) Amendment
Act 1998 |
26.3.1998 |
26.3.1998 |
1999 |
33 |
17.6.1999 |
Sch (item 1)—1.7.1999 being the date specified under s 3(16) of the
Financial Sector Reform (Amendments and Transitional Provisions) Act (No. 1)
1999 of the Commonwealth as the transfer date for the purposes of that Act:
s 2(2) |
|
2003 |
24 |
Aboriginal Lands Parliamentary Standing Committee
Act 2003 |
24.7.2003 |
Sch (cll 2—4)—18.9.2003 (Gazette 18.9.2003
p3599) |
2006 |
41 |
Statutes Amendment (Public Sector Employment) Act 2006 |
14.12.2006 |
Pt 2 (ss 4—6)—1.4.2007 (Gazette 29.3.2007
p930) |
2009 |
84 |
Statutes Amendment (Public Sector Consequential Amendments) Act
2009 |
10.12.2009 |
Provisions amended since 3 February
1976
• Legislative history prior to 3 February 1976 appears in marginal
notes and footnotes included in the consolidation of this Act contained in
Volume 1 of The Public General Acts of South Australia 1837-1975 at page
44.
Entries that relate to provisions that have been deleted appear in
italics.
Provision |
How varied |
Commencement |
Pt 1 |
|
|
s 2 |
omitted under Legislation Revision and Publication
Act 2002 |
18.9.2003 |
|
|
|
1.4.2007 |
||
inserted by 24/2003 Sch cl 2 |
18.9.2003 |
|
inserted by 41/2006 s 4(1) |
1.4.2007 |
|
inserted by 65/1984 s 2 |
27.9.1984 |
|
inserted by 3/1998 s 2 |
26.3.1998 |
|
inserted by 41/2006 s 4(2) |
1.4.2007 |
|
s 4 |
omitted under Legislation Revision and Publication Act |
18.9.2003 |
Pt 2 |
|
|
|
|
|
substituted by 16/1993 s 3 |
17.6.1993 |
|
s 6(6) and (7) |
inserted by 16/1993 s 3 |
17.6.1993 |
|
|
|
substituted by 16/1993 s 4 |
17.6.1993 |
|
inserted by 16/1993 s 5 |
17.6.1993 |
|
(d) deleted by 41/2006 s 5 |
1.4.2007 |
|
amended by 84/2009 s 6 |
1.2.2010 |
|
Pt 3 |
|
|
substituted by 41/2006 s 6 |
1.4.2007 |
|
amended by 84/2009 s 7 |
1.2.2010 |
|
|
|
|
public sector agency |
amended by 84/2009 s 7 |
1.2.2010 |
Pt 4 |
|
|
inserted by 3/1998 s 3 |
26.3.1998 |
|
inserted by 16/1993 s 6 |
17.6.1993 |
|
inserted by 65/1984 s 3 |
27.9.1984 |
|
Pt 5 |
|
|
|
|
|
amended by 33/1999 Sch (item 1(a)) |
1.7.1999 |
|
amended by 33/1999 Sch (item 1(b)) |
1.7.1999 |
|
Pt 6 |
inserted by 6/1990 s 2 |
5.4.1990 |
inserted by 58/1991 s 3 |
16.1.1992 |
|
amended by 84/2009 s 8 |
1.2.2010 |
|
amended by 24/2003 Sch cl 3 |
18.9.2003 |
|
s 20B |
inserted by 58/1991 s 3 |
16.1.1992 |
|
deleted by 24/2003 Sch cl 4 |
18.9.2003 |
Transitional etc provisions associated with Act or
amendments
Statutes Amendment (Public Sector Employment) Act
2006, Sch 1—Transitional provisions
Note—
Also see Statutes
Amendment (Public Sector Employment) (Transitional Provisions) Regulations
2007.
1—Interpretation
In this Part, unless the contrary intention appears—
Commonwealth Act means the Workplace Relations
Act 1996 of the Commonwealth;
employing authority means—
(a) subject to paragraph (b)—the
person who is the employing authority under a relevant Act;
(b) in a case that
relates to employment under the Fire
and Emergency Services Act 2005—the Chief Executive of the
South Australian Fire and Emergency Services Commission, or the Chief Officer of
an emergency services organisation under that Act, as the case
requires;
Industrial Commission means the Industrial Relations
Commission of South Australia;
prescribed body means—
(a) the Aboriginal Lands Trust;
(b) the Adelaide Cemeteries Authority;
(c) the Adelaide Festival Centre Trust;
(d) the Adelaide Festival Corporation;
(e) SA Ambulance Service Inc;
(f) the Minister to whom the administration of the Children's
Services Act 1985 is committed;
(g) the Minister to whom the administration of the Education
Act 1972 is committed;
(h) the Electricity Supply Industry Planning Council;
(i) a body constituted under the Fire
and Emergency Services Act 2005;
(j) the History Trust of South Australia;
(k) the Institute of Medical and Veterinary Science;
(l) a regional NRM board constituted under the Natural
Resources Management Act 2004;
(m) the Senior Secondary Assessment Board of South Australia;
(n) the South Australian Country Arts Trust;
(o) the South Australian Film Corporation;
(p) the South Australian Health Commission;
(q) an incorporated hospital under the South
Australian Health Commission Act 1976;
(r) an incorporated health centre under the South
Australian Health Commission Act 1976;
(s) the South Australian Motor Sport Board;
(t) the South Australian Tourism Commission;
(u) The State Opera of South Australia;
(v) the State Theatre Company of South Australia;
(w) the Minister to whom the administration of the Technical
and Further Education Act 1975 is committed;
relevant Act means—
(a) in a case that relates to employment with a prescribed body
established under an Act being amended by this Act—that Act;
(b) in a case that relates to employment with a prescribed body who is a
Minister to whom the administration of an Act being amended by this Act is
committed—that Act;
(c) in a case that relates to employment with a body constituted under the
Fire
and Emergency Services Act 2005—that Act.
2—Transfer of employment
(1) Subject to this
clause, a person who, immediately before the commencement of this clause, was
employed by a prescribed body under a relevant Act will, on that commencement,
be taken to be employed by the employing authority under that Act (as amended by
this Act).
(2) The following
persons will, on the commencement of this clause, be taken to be employed as
follows:
(a) a person who, immediately before the commencement of this clause, was
employed under section 6L(1) of the Electricity
Act 1996 will, on that commencement, be taken to be employed by the
employing authority under that Act (as amended by this Act);
(b) a person who, immediately before the commencement of this clause, was
employed by the South Australian Fire and Emergency Services Commission will, on
that commencement, be taken to be employed by the Chief Executive of that
body;
(c) a person who, immediately before the commencement of this clause, was
employed by an emergency services organisation under the Fire
and Emergency Services Act 2005 will, on that commencement, be
taken to be employed by the Chief Officer of that body;
(d) a person who, immediately before the commencement of this clause, was
employed by an incorporated hospital or an incorporated health centre under the
South
Australian Health Commission Act 1976 will, on that commencement,
be taken to be employed by an employing authority under that Act (as amended by
this Act) designated by the Governor by proclamation made for the purposes of
this paragraph.
(3) Subject to this
clause, the Governor may, by proclamation, provide that a person employed by a
subsidiary of a public corporation under the Public
Corporations Act 1993 will be taken to be employed by a person or
body designated by the Governor (and the arrangement so envisaged by the
proclamation will then have effect in accordance with its terms).
(4) Subject to subclause (5),
an employment arrangement effected by subclause (1),
(2) or (3)—
(a) will be taken to provide for continuity of employment without
termination of the relevant employee's service; and
(b) will not affect—
(i) existing conditions of employment or existing or accrued rights to
leave; or
(ii) a process commenced for variation of those conditions or
rights.
(5) If, immediately
before the commencement of this clause, a person's employment within the ambit
of subclause (1),
(2) or (3) was
subject to the operation of an award or certified agreement (but not an
Australian Workplace Agreement) under the Commonwealth Act, then, on that
commencement, an award or enterprise agreement (as the case requires) will be
taken to be created under the Fair
Work Act 1994—
(a) with the same terms and provisions as the relevant industrial
instrument under the Commonwealth Act; and
(b) with any terms or provisions that existed under an award or enterprise
agreement under the Fair
Work Act 1994, that applied in relation to employment of the kind
engaged in by the person, immediately before 27 March 2006, and that
ceased to apply by virtue of the operation of provisions of the Commonwealth Act
that came into force on that day,
subject to any modification or exclusion prescribed by regulations made for
the purposes of this subclause and subject to the operation of subclause (6).
(6) Where an award or
enterprise agreement is created by virtue of the operation of subclause (5)—
(a) the award or enterprise agreement will be taken to be made or approved
(as the case requires) under the Fair
Work Act 1994 on the day on which this clause commences;
and
(b) the Fair
Work Act 1994 will apply in relation to the award or enterprise
agreement subject to such modifications or exclusions as may be prescribed by
regulations made for the purposes of this subclause; and
(c) the Industrial Commission may, on application by the Minister to whom
the administration of the Fair
Work Act 1994 is committed, or an application by a person or body
recognised by regulations made for the purposes of this subclause, vary or
revoke any term or provision of the award or enterprise agreement if the
Industrial Commission is satisfied that it is fair and reasonable to do so in
the circumstances.
3—Superannuation
(1) If a prescribed
body under a relevant Act is, immediately before the commencement of this
clause, a party to an arrangement relating to the superannuation of one or more
persons employed by the prescribed body, then the relevant employing authority
under that Act will, on that commencement, become a party to that arrangement in
substitution for the prescribed body.
(2) Nothing that takes effect under subclause (1)—
(a) constitutes a breach of, or default under, an Act or other law, or
constitutes a breach of, or default under, a contract, agreement, understanding
or undertaking; or
(b) 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,
and subclause (1)
may have effect despite any other Act or law.
(3) An amendment effected to another Act by this Act does not affect a
person's status as a contributor under the Superannuation
Act 1988 (as it may exist immediately before the commencement of
this Act).
4—Interpretative provision
(1) The Governor may,
by proclamation, direct that a reference in any instrument (including a
statutory instrument) or a contract, agreement or other document to a prescribed
body, or other specified agency, instrumentality or body, will have effect as if
it were a reference to an employing authority under a relevant Act, the Minister
to whom the administration of a relevant Act is committed, or some other person
or body designated by the Governor.
(2) A proclamation under subclause (1)
may effect a transfer of functions or powers.
5—Related matters
(1) A notice in force under section 51 of the Children's
Services Act 1985 immediately before the commencement of this
clause will continue to have effect for the purposes of that section, as amended
by this Act.
(2) A notice in force under section 28 of the Institute
of Medical and Veterinary Science Act 1982 immediately before the
commencement of this clause will continue to have effect for the purposes of
that section, as amended by this Act.
(3) A notice in force under section 61 of the South
Australian Health Commission Act 1976 immediately before the
commencement of this clause will continue to have effect for the purposes of
that section, as amended by this Act.
(4) A notice in force under section 13(6) of the South
Australian Motor Sport Act 1984 immediately before the commencement
of this clause will continue to have effect after that commencement but may,
pursuant to this subclause, be varied from time to time, or revoked, by the
Minister to whom the administration of that Act is committed.
(5) The fact that a person becomes an employer in his or her capacity as
an employing authority under an Act amended by this Act does not affect the
status of any body or person as an employer of public employees for the purposes
of the Fair
Work Act 1994 (unless or until relevant regulations are made under
the provisions of that Act).
6—Other provisions
(1) The Governor may,
by regulation, make additional provisions of a saving or transitional nature
consequent on the enactment of this Act.
(2) A provision of a
regulation made under subclause (1)
may, if the regulation so provides, take effect from the commencement of this
Act 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.
(4) The Acts
Interpretation Act 1915 will, except to the extent of any
inconsistency with the provisions of this Schedule (or regulations made under
this Schedule), apply to any amendment or repeal effected by this Act.
Historical versions
Reprint No 1—1.7.1991 |
|
Reprint No 2—16.1.1992 |
|
Reprint No 3—17.6.1993 |
|
Reprint No 4—26.3.1998 |
|
Reprint No 5—1.7.1999 |
|
Reprint No 6—18.9.2003 |
|
1.4.2007 |
|
Appendix—Divisional
penalties and expiation fees
At the date of publication of this version divisional penalties and
expiation fees are, as provided by section 28A of the Acts
Interpretation Act 1915, as follows:
Division |
Maximum imprisonment |
Maximum fine |
Expiation fee |
---|---|---|---|
1 |
15 years |
$60 000 |
— |
2 |
10 years |
$40 000 |
— |
3 |
7 years |
$30 000 |
— |
4 |
4 years |
$15 000 |
— |
5 |
2 years |
$8 000 |
— |
6 |
1 year |
$4 000 |
$300 |
7 |
6 months |
$2 000 |
$200 |
8 |
3 months |
$1 000 |
$150 |
9 |
– |
$500 |
$100 |
10 |
– |
$200 |
$75 |
11 |
– |
$100 |
$50 |
12 |
– |
$50 |
$25 |
Note: This appendix is provided for convenience of reference
only.