STATUTES AMENDMENT (BUDGET 2010) BILL

Final Stages

The Legislative Council agreed to the bill with the amendments indicated by the following schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly:

No.1. Long Title—

After 'the Motor Vehicles Act 1959,' insert—the Parliament (Joint Services) Act 1985

No.2. Clause 2, page 5, line 7—

Leave out 'Part 2' and substitute 'Parts 2 and SA'

No. 3. Clause 18, page 14, after line 28 [clause 18(1), inserted subsection (laa)]—Insert:

(laa) However, subsection (1) does not apply to a person who drives a motor vehicle other than a heavy vehicle, or causes such a motor vehicle to stand, if the person proves that he or she—

(a) drove the motor vehicle, or caused the motor vehicle to stand, in prescribed circumstances; and

(b) did not know that the motor vehicle was unregistered.

(laaa) For the purposes of subsection (laa), a person may prove a matter referred to in that subsection by furnishing to the Commissioner of Police a statutory declaration in accordance with any requirements prescribed by the regulations.

No.4. Clause 18, page 15, after line 14 [clause 18(6)]—Insert:

(6b) A motor vehicle is driven or caused to stand by a person in prescribed circumstances for the purposes of subsection (Iaa) if—

(a) the person is not an owner or the registered operator of the vehicle and he or she is required by his or her employer to drive the vehicle, or to cause the vehicle to stand, in the course of his or her employment; or

(b) the motor vehicle is driven or caused to stand in circumstances declared by the regulations.

No.5. Clause 31, page 1, after line 2 [clause 31(1), inserted subsection (laa)]—Insert:

(Iaa) However, subsection (I) does not apply to a person who drives a motor vehicle other than a heavy vehicle, or causes such a motor vehicle to stand, if the person proves that he or she—

(a) drove the motor vehicle, or caused the motor vehicle to stand, in prescribed circumstances; and

(b) did not know that the motor vehicle was uninsured.

(Iaaa) For the purposes of subsection (laa), a person may prove a matter referred to in that subsection by furnishing to the Commissioner of Police a statutory declaration in accordance with any requirements prescribed by the regulations.

No.6. Clause 31, page 18, after line 24 [clause 31(5)]—Insert:

(3d) A motor vehicle is driven or caused to stand by a person in prescribed circumstances for the purposes of subsection (Iaa) if—

(a) the person is not an owner or the registered operator of the vehicle and he or she is required by his or her employer to drive the vehicle, or to cause the vehicle to stand, in the course of his or her employment; or

(b) the motor vehicle is driven or caused to stand in circumstances declared by the regulations.

No.7. New Part—After clause 39 insert:

Part SA-Amendment of Parliament (Joint Services) Act 1985

39A-Amendment of section 20-Long service leave

Section 20(1)(b) and (c)-delete paragraphs (b) and (c) and substitute:

(b) in respect of each subsequent year of service-9 days leave.

39B—Transitional provision

The amendment to the Parliament (Joint Services) Act 1985 made by this Part does not affect an entitlement to long service leave or payment in lieu of long service leave that accrues before 1 July 2011.

No.8. Clause 61, page 26, line 22—After 'subclause (2)' insert:

or to any class of employees employed under the Parliament (Joint Services) Act 1985