Bills

Statutes Amendment (Boards and Committees - Abolition and Reform) Bill

Introduction and First Reading

The Hon. J.W. WEATHERILL (Cheltenham—Premier) (16:15): Obtained leave and introduced a bill for an act to provide for the abolition or reform of various boards, committees and other bodies; to streamline processes relating to various boards, committees and other bodies; and for other purposes. Read a first time.

Second Reading

The Hon. J.W. WEATHERILL (Cheltenham—Premier) (16:15): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation inserted in Hansard without my reading it.

Leave granted.

Mr Speaker in July 2014 the South Australian Government proposed major reforms to all government boards and committees in order to make government more accessible, simpler, and efficient.

We indicated that all Government board and committees would be abolished, unless it could be demonstrated that they had an essential purpose that could not be fulfilled in an alternative way.

At the heart of this reform was the intention to involve more people and organisations in government decision-making. Too often, I have found that the views provided to government are confined to a group of select people.

I want to ensure that we change this, so that more South Australians have the opportunity to be involved in the decisions that affect them and that are important to them.

While these changes will assist agencies to meet budget savings targets, I have also made it clear that I expect resources to also be reinvested in alternative community engagement activities.

The large number of boards and committees currently in existence also contribute to duplication, unnecessary complexity and inefficiency within government.

The Bill I introduce today is the culmination of a reform process that will reduce a significant amount of government red tape and contribute to the efforts of our Modern Public Service policy.

Of the 429 boards and committees in scope for this reform, the government has decided to retain 90 outright.

Of the remaining boards and committees, 107 will be abolished, 17 will be merged and 62 are subject to other reform efforts that are currently underway.

We have also identified 120 boards and committees that should not be considered government boards and committees, and we are reclassifying these.

Options for reform are still being considered for the remaining 33 boards and committees.

The final report on the outcomes of this reform has been produced and provides additional information on each of these boards and committees.

As part of this omnibus Bill we are amending 43 pieces of legislation to abolish, merge or simplify 56 boards and committees.

This includes abolishing 28 boards and committees, merging 8 and simplifying a further 20.

Through both abolitions and simplification measures, 32 fewer boards and committees will require Governor appointments – this equates on average to 96 fewer appointments for consideration by Cabinet and Executive Council each year.

This will save many hundreds of hours of work by many public servants.

Boards to be abolished as part of this Bill include the board of the South Australian Tourism Commission, Community Benefits SA Board, the Natural Resource Management Council, and the Minister's Youth Council to name a few.

The Community Benefits SA board is an example of how more South Australians can be given the opportunity to be involved in government decisions.

The Government intends to replace this board with a participatory budgeting model called 'fund my community' where the public identifies, discusses and prioritises how funds should be allocated. We will consult further on how this works in the coming months.

Another example is the replacement of the Animal Welfare Advisory Committee with new community engagement models.

Previously this Committee has provided advice to the Minister on all aspects of animal welfare. As part of these new arrangements advice to the Minister will be developed following consultation and engagement tailored to the specific issue under consideration.

Mr Speaker, we are undertaking these changes because the expectations of businesses and communities have changed, and the way government works needs to change with them.

Today, businesses and citizens expect to be involved in decision-making, and are much less deferential to traditional voices of authority.

They also expect us to be much more open. That is why as part of this reform process we intend to report more regularly about appointments to Government Boards and Committees rather than just tabling in parliament each year the annual report of the Boards and Committees Information Systems (BCIS).

As part of consultation about this reform process, the Government received letters from a number of boards and committees. In the interests of openness, we will also be publishing these letters online.

Mr Speaker these reforms will also deliver a significant reduction in red tape. In this Bill, we simplify how a number of remaining boards and committees will operate.

For example, this Bill will abolish the Selection Committee for the Phylloxera and Grape Industry Board of South Australia.

This is not an advisory or decision-making board itself, but a statutory body whose sole purpose is to decide who sits on the industry board. Industry bodies do not want to be forced to jump through bureaucratic hoops like this to get their work done and they have told us as much.

This reform frees industry and community boards from time consuming red tape, and lets them get on with their work.

Mr Speaker, these reforms will not only make government more efficient, they will also simplify it, because when used in the wrong context, boards and committees can act to defuse responsibility and confuse people about who the ultimate decision-maker is.

This point was made in the 2003 Commonwealth Review of these matters by John Uhrig.

For example, Uhrig found that, in circumstances where a minister retains powers and responsibilities, a board may add a layer of obstruction to a Minister seeking to ensure that the CEO is acting in a way consistent with government policy.

This Bill supports improved accountability and governance. The clear example of this is the abolition of the board of the South Australian Tourism Commission.

The Commission will be led by a Chief Executive Officer, who will be directly accountable to the Minister.

Current arrangements place the Board administratively and operationally between the Chief Executive and the Minister.

The new model will have the Commission led by a Chief Executive Officer, who will be directly accountable to the Minister. The CEO will take on sole responsibility for the Commission and thus improve the Commission's accountability and ensure the State can quickly respond to tourism issues.

Mr Speaker, this Bill fundamentally is about supporting the South Australian Government's efforts to build a more modern government.

Since the election we have renewed our Cabinet with five new Ministers.

We have renewed the leadership of the public sector with five new chief executives.

And we are now renewing our structures through the reform of boards and committees.

We have challenged every government board and committee to demonstrate what value they provide to the community.

For those who have not been able to do this, we are now implementing new ways of fulfilling these roles.

This Bill is the next stage in the process that will make government more accessible, simpler, and efficient.

I commend the Bill to the House.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

3—Amendment provisions

These clauses are formal.

Part 2—Amendment of Adelaide Dolphin Sanctuary Act 2005

4—Amendment of section 3—Interpretation

This clause removes the definition of ADS Advisory Board which is being abolished under this Part. This clause also inserts a new definition of Parks and Wilderness Council being the Parks and Wilderness Council established under the National Parks and Wildlife Act 1972.

5—Amendment of section 9—Administration of Act to achieve objects and objectives

This clause substitutes reference to the ADS Advisory Board with reference to the Parks and Wilderness Council which is consequential on the abolition of the ADS Advisory Board and gives the functions of the Board to the Parks and Wilderness Council.

6—Amendment of section 11—ADS Management Plan

This clause substitutes reference to the ADS Advisory Board with reference to the Parks and Wilderness Council which is consequential on the abolition of the ADS Advisory Board and gives the functions of the Board to the Parks and Wilderness Council.

7—Amendment of heading to Part 3 Division 3

This clause substitutes reference to the ADS Advisory Board with reference to the Parks and Wilderness Council which is consequential on the abolition of the ADS Advisory Board and the transferring of the functions of the Board to the Parks and Wilderness Council.

8—Repeal of sections 12 to 16

This clause abolishes the ADS Advisory Board by repealing sections 12 to 16 (inclusive) which provide for the establishment and membership of the ADS Advisory Board.

9—Amendment of section 17—Functions of Parks and Wilderness Council under this Act

This clause substitutes reference to the ADS Advisory Board with reference to the Parks and Wilderness Council which is consequential on the abolition of the ADS Advisory Board and gives the functions of the Board to the Parks and Wilderness Council.

10—Repeal of sections 18 to 21

This clause repeals sections 18 to 21 (inclusive) which provide for the committees, procedures, staff and annual reports of the ADS Advisory Board which is being abolished under this Part.

11—Amendment of section 22—ADS Fund

This clause substitutes reference to the ADS Advisory Board with reference to the Parks and Wilderness Council which is consequential on the abolition of the ADS Advisory Board and gives the functions of the Board to the Parks and Wilderness Council.

12—Amendment of section 55—Regulations

This clause inserts provisions allowing for the making of regulations of a saving or transitional nature under the principal Act consequent on the enactment of the Statutes Amendment (Boards and Committees—Abolition and Reform) Act 2015.

13—Transitional provision

This clause ensures that a member of the ADS Advisory Board ceases to hold office on commencement of the clause.

Part 3—Amendment of Animal Welfare Act 1985

14—Amendment of section 3—Interpretation

This clause inserts a definition of animal ethics committee, to be an animal ethics committee established under section 23 of the principal Act or a body approved as an animal ethics committee for the principal Act by the Minister. This clause also deletes the definition of the Committee which is being abolished under this Part.

15—Repeal of Part 2

This clause abolishes the Animal Welfare Advisory Committee by repealing Part 2 of the principal Act.

16—Amendment of section 23—Animal ethics committees

This clause amends section 23 of the principal Act to provide that animal ethics committees, which may be required to be established or consulted as a condition of a license, are to be established, and members appointed, by a licensee instead of by the Minister as is currently provided for.

17—Amendment of section 24—Procedure

This amendment is consequential on the appointment of animal ethics committee members by a licensee and provides for the quorum of an animal ethics committee established under the principal Act.

18—Amendment of section 25—Functions of animal ethics committees

This amendment is consequential on the appointment of animal ethics committee members by a licensee and deletes reference to the Minister such that animal ethics committees will be required to furnish annual reports in accordance with the regulations.

19—Amendment of section 44—Regulations

This clause inserts provisions allowing for the making of regulations of a saving or transitional nature under the principal Act consequent on the enactment of the Statutes Amendment (Boards and Committees—Abolition and Reform) Act 2015.

20—Transitional provisions

Subclause (2) ensures that a member of the Animal Welfare Advisory Committee ceases to hold office on commencement of the subclause. Subclause (3) provides that an animal ethics committee in existence immediately before the commencement of clause 16 continues as an animal ethics committee for the purposes of the principal Act until a date determined by the Minister.

Part 4—Amendment of ANZAC Day Commemoration Act 2005

21—Amendment of section 6—Membership of Council

The role of the Governor in the appointment of Council members is removed and given to the Minister instead. This clause also reflects the proposed change in administration of the principal Act from the Premier to the Minister for Veterans Affairs.

22—Amendment of section 7—Terms and conditions of membership

This clause makes amendments which are consequential on the matters referred to in clause 21.

23—Amendment of section 8—Presiding member

This clause makes amendments which are consequential on the change in administration of this Act from the Premier to the Minister for Veterans Affairs.

24—Amendment of section 10—Remuneration

This clause makes amendments which are consequential on the removal of the role of the Governor in the appointment process of Council members.

25—Amendment of section 11—Functions of Council

This clause makes amendments which are consequential on the change in administration of the principal Act from the Premier to the Minister for Veterans Affairs.

26—Amendment of section 13—Staff

This clause makes amendments which are consequential on the change in administration of the principal Act from the Premier to the Minister for Veterans Affairs.

27—Amendment of section 14—Annual report

This clause makes amendments which are consequential on the change in administration of the principal Act from the Premier to the Minister for Veterans Affairs.

28—Amendment of section 18—Restriction on public sports and entertainment before 12 noon on ANZAC Day

This clause makes amendments which are consequential on the change in administration of the principal Act from the Premier to the Minister for Veterans Affairs.

Part 5—Amendment of Aquaculture Act 2001

29—Amendment of section 3—Interpretation

This clause amends section 3 to delete the definition of Aquaculture Advisory Committee.

30—Amendment of section 12—Procedure for making policies

This clause makes a minor amendment to section 12 which is consequential on the abolition of the Aquaculture Advisory Committee.

31—Repeal of Part 10 Division 2

This clause repeals Division 2 of Part 10 which relates to the Aquaculture Advisory Committee.

32—Transitional provision

This clause provides that a member of the Aquaculture Advisory Committee ceases to hold office on the commencement of this clause.

Part 6—Amendment of Botanic Gardens and State Herbarium Act 1978

33—Amendment of section 7—Constitution of Board

The role of the Governor in the appointment of Board members is removed and the Minister will appoint the members of the Board.

34—Amendment of section 8—Terms and conditions on which members of the Board hold office

This clause makes amendments which are consequential on the proposed role of the Minister, rather than the Governor, in the appointment process.

Part 7—Amendment of Classification of Theatrical Performances Act 1978

35—Amendment of section 4—Interpretation

This clause removes the definition of the Board, and inserts definitions of Council and Registrar, which are consequential on the key measure of this Part which is to replace the Classification of Theatrical Performances Board with the South Australian Classification Council.

36—Repeal of Part 2

This clause removes Part 2 of the principal Act which established the Classification of Theatrical Performances Board.

37—Amendment of section 10—Application for classification

This clause changes references in section 10 from 'Board' to 'Council' and are consequential on the key measure of this Part.

38—Amendment of section 11—Criteria to be applied by Council

This clause changes references in section 11 from 'Board' to 'Council' and are consequential on the key measure of this Part.

39—Amendment of section 12—Classification of theatrical performances

This clause changes references in section 12 from 'Board' to 'Council' and are consequential on the key measure of this Part.

40—Amendment of section 13—Conditions in respect of theatrical performances

This clause changes references in section 13 from 'Board' to 'Council' and are consequential on the key measure of this Part.

41—Amendment of section 14—Powers of Council

This clause changes references in section 14 from 'Board' to 'Council' and are consequential on the key measure of this Part.

42—Amendment of section 15—Notice

This clause changes a reference in section 15 from 'Board' to 'Council' and is consequential on the key measure of this Part.

43—Amendment of section 16—Penalty for breach of condition

This clause changes a reference in section 16 from 'Board' to 'Council' and is consequential on the key measure of this Part.

44—Amendment of section 17—Places where restricted theatrical performances may take place

This clause changes a reference in section 17 from 'Board' to 'Council' and is consequential on the key measure of this Part.

45—Amendment of section 19—Certain actions not to constitute offences

This clause changes a reference in section 19 from 'Board' to 'Council' and is consequential on the key measure of this Part.

46—Amendment of section 20—Evidentiary provision

This clause changes a reference in section 20 from 'Board' to 'Council' and is consequential on the key measure of this Part.

47—Amendment of section 21—Power to enter and view performance

This clause changes a reference in section 21 from 'Board' to 'Council' and is consequential on the key measure of this Part.

48—Transitional provisions

This transitional clause enables a request for classification made to the Board to be dealt with by the Council after the commencement of clause 36 of this measure. It also preserves and continues—

classifications, or decisions of the Board to refrain from assigning a classification to a theatrical performance, under section 12 of the principal Act, as classifications or decisions of the Council; and

conditions imposed by the Board under section 13 of the principal Act, as conditions imposed by the Council; and

approvals by the Board of theatres under section 17(1) of the principal Act, as approvals by the Council.

Subclause (7) ensures that a member of the Board ceases to hold office on the commencement of the subclause.

Part 8—Amendment of Coast Protection Act 1972

49—Amendment of section 4—Interpretation

This clause makes an amendment to the definition of appointed member which is consequential on clause 50 removing the Governor's role in appointing members of the Coast Protection Board.

50—Amendment of section 8—Membership of Board

The role of the Governor in the appointment of certain members of the Coast Protection Board is removed and the Minister will appoint the members of the Board. The Minister will also appoint the presiding member, fix the terms and conditions of office of appointed members, appoint deputies and remove appointed members from the Board.

51—Amendment of section 11—Allowances and expenses

The role of the Governor in determining the allowances and expenses of appointed members of the Coast Protection Board is removed and that role is given to the Minister.

52—Repeal of sections 15, 16 and 17

This clause deletes sections 15, 16 and 17 which provide for the constitution, terms of office of members and duties of consultative committees.

53—Amendment of section 18—Advisory committees

This clause amends section 18 to require that the Coast Protection Board must, in acting under the section to appoint an advisory committee, comply with any guidelines issued by the Minister.

54—Amendment of section 37—Regulations

This clause which is consequential on clause 52, deletes reference to consultative committees.

Part 9—Amendment of Correctional Services Act 1982

55—Amendment of section 4—Interpretation

This amendment is consequential.

56—Repeal of Part 2 Division 2

This amendment repeals the Division of the principal Act which established the Correctional Services Advisory Council.

57—Transitional provision

This clause ensures that a member of the Correctional Services Advisory Council ceases to hold office on the commencement of the clause.

Part 10—Amendment of Dog and Cat Management Act 1995

58—Amendment of section 12—Composition of Board

The role of the Governor in the appointment of the members of the Dog and Cat Management Board is removed and the Minister will appoint the members of the Board.

59—Amendment of section 13—Deputies of members

The role of the Governor in the appointment of deputies of members of the Dog and Cat Management Board is removed and that role is given to the Minister.

60—Amendment of section 14—Conditions of membership

The role of the Governor in determining the terms and conditions of appointment of the members of the Dog and Cat Management Board is removed and that role is given to the Minister. This clause also proposes that the Minister may remove a member of the Board from office after consultation with the Local Government Association of South Australia.

61—Amendment of section 16—Remuneration

The role of the Governor in determining the remuneration of the members of the Dog and Cat Management Board is removed and that role is given to the Minister

Part 11—Amendment of Dog Fence Act 1946

62—Amendment of section 6—Members of the board

The role of the Governor in the appointment of the members of the Dog Fence Board is removed and the Minister will appoint the members of the Board. A reference to the South Australian Farmers Federation Inc is updated to Primary Producers SA Incorporated. A reference to the Natural Resources Management Council is removed which is consequential on its abolition in clause 156.

63—Amendment of section 11—Casual vacancies

This amendment is consequential on clause 62 and substitutes references to the Governor with references to the Minister.

64—Amendment of section 12—Dismissal of member

This amendment is consequential on clause 62 and substitutes references to the Governor with references to the Minister.

Part 12—Amendment of Emergency Management Act 2004

65—Amendment of section 3—Interpretation

This clause removes the definition of appointed member and is consequential on the key measure of this Part which is to simplify the appointment process for the SEMC.

66—Amendment of section 6—Establishment of State Emergency Management Committee

This clause sets out the key measure of this Part which is to simplify the appointment process for the SEMC. The Minister is required to prepare and publish guidelines (to be known as the SEMC membership guidelines) that govern matters relating to the appointment of members of the SEMC. The role of the Governor in the appointment of members is removed. Most of the members will hold office ex officio, as per proposed section 6(4), however, the presiding member of SEMC will be responsible for appointing at least 2 but not more than 4 members (to be known as appointed members) to SEMC.

67—Substitution of section 7

This clause substitutes section 7 with a new section.

7—Application of Public Sector (Honesty and Accountability) Act

This new section ensures that the Public Sector (Honesty and Accountability) Act 1995 will apply to members of SEMC as if the committee were an advisory body and the Minister responsible for the administration of this Act were the relevant Minister. This means that the provisions of that Act will apply, requiring members to act honestly, to avoid conflicts of interest and to be otherwise subject to more stringent penalties for breach of standards of conduct than would otherwise apply.

68—Amendment of section 38—Regulations

This amendment inserts provisions allowing for the making of regulations of a saving or transitional nature under the principal Act consequent on the enactment of the Statutes Amendment (Boards and Committees—Abolition and Reform) Act 2015.

Part 13—Amendment of Fire and Emergency Services Act 2005

69—Amendment of section 71—State Bushfire Coordination Committee

A reference to the South Australian Farmers Federation Inc is updated by substituting Primary Producers SA Incorporated.

A reference to the Natural Resources Management Council is amended to 1 officer of the administrative unit of the Public Service primarily responsible for assisting the relevant Minister in the administration of the Natural Resources Management Act 2004, nominated by the Chief Executive of that administrative unit. This is consequential on abolition of the NRM Council in clause 156.

70—Amendment of section 73—State Bushfire Management Plan

A reference to the South Australian Farmers Federation Inc is updated by substituting Primary Producers SA Incorporated.

A reference to the Natural Resources Management Council is amended to the Minister responsible for the administration of the Natural Resources Management Act 2004, this is consequential on abolition of the NRM Council in clause 156.

Part 14—Amendment of Fisheries Management Act 2007

71—Amendment of section 3—Interpretation

This clause amends section 3 to delete the definition of Fisheries Council.

72—Amendment of section 7—Objects of Act

This clause amends section 7 to remove a reference to the Fisheries Council.

73—Amendment of section 10—Delegation

This clause amends section 10 to remove a reference to the Fisheries Council

74—Repeal of Part 3 Division 2

This clause repeals Part 3 Division 2 to remove provisions relating to the Fisheries Council.

75—Amendment of section 20—Establishment of committees

This clause amends section 20 to remove references to the Fisheries Council.

76—Amendment of section 42—Preparation of management plans

This clause amends section 42 to transfer the responsibilities of the Fisheries Council in relation to the preparation of management plans to the Minister.

77—Amendment of section 43—General nature and content of management plans

This clause amends section 43 to remove references to the Fisheries Council and replace them with references to the Minister.

78—Amendment of section 44—Procedure for preparing management plans

This clause amends section 44 to remove references to the Fisheries Council and replace them with references to the Minister.

79—Amendment of section 49—Review of management plans

This clause amends section 49 to remove references to the Fisheries Council and replace them with references to the Minister.

80—Transitional provision

This clause requires the Fisheries Council to prepare a final report on its operations and submit it to the Minister, and requires the Minister to table the Council's final report in Parliament. Subclause (4) ensures that a member of the Fisheries Council ceases to hold office on the commencement of the subclause.

Part 15—Amendment of Gaming Machines Act 1992

81—Amendment of section 73B—Charitable and Social Welfare Fund

This clause removes the requirement of the Minister to establish a board for the purpose of giving direction to the Treasurer as to the application of the Charitable and Social Welfare Fund to assist charitable or social welfare organisations. That direction is proposed in future to be made by the Minister responsible for the administration of the Family and Community Services Act 1972. The clause removes the provisions relating to the constitution and procedures of the board.

82—Transitional provisions

This clause ensures that a member of the board referred to in clause 81 ceases to hold office on the commencement of the clause.

Part 16—Amendment of Gas Act 1997

83—Amendment of section 16—Technical advisory committee

This clause provides that the technical advisory committee under the Gas Act 1997 is to be the same committee as the committee of that name established under the Electricity Act 1996 and that the committees' respective functions are combined.

Part 17—Amendment of Genetically Modified Crops Management Act 2004

84—Amendment of section 9—Membership of Advisory Committee

The role of the Governor in the appointment of Advisory Committee members is removed and given to the Minister instead.

85—Amendment of section 10—Terms and conditions of membership

This clause makes a minor amendment which is consequential on the removal of the role of the Governor in the appointment process of Advisory Committee members.

Part 18—Amendment of Health and Community Services Complaints Act 2004

86—Amendment of section 4—Interpretation

This clause removes the definition of Council which is consequential on the key measure of this Part which is to abolish the Health and Community Services Advisory Council.

87—Repeal of Part 8

This clause repeals Part 8 of the principal Act which established the Health and Community Services Advisory Council.

88—Amendment of section 75—Preservation of confidentiality

This clause makes a minor amendment to section 75, consequential on the key measure of this Part.

89—Transitional provision

This clause ensures that a member of the Health and Community Services Advisory Council ceases to hold office on the commencement of the clause.

Part 19—Amendment of Health Care Act 2008

90—Amendment of long title

This clause amends the long title of the principal Act to remove the reference to the establishment of the Health Performance Council. This amendment is consequential on the key measure of this Part, which is the abolition of that Council.

91—Amendment of section 3—Interpretation

This clause removes the definition of HPC from section 3 of the principal Act. This amendment is consequential on the key measure of this Part, which is the abolition of the HPC.

92—Repeal of Part 3

This clause repeals Part 3 of the principal Act which established the Health Performance Council. This amendment is the key measure of this Part, namely the abolition of that Council.

93—Repeal of section 101

This clause repeals section 101 of the principal Act, which deals with reporting requirements by the Health Performance Council.

94—Repeal of Schedule 1

This clause repeals Schedule 1 of the principal Act, which deals with procedural matters relating to the Health Performance Council.

95—Amendment of Schedule 2—Health Advisory Councils

This clause makes a minor consequential amendment to Schedule 2.

96—Transitional provision

This clause ensures that a member of the Health Performance Council ceases to hold office on the commencement of the clause.

Part 20—Amendment of Health Services Charitable Gifts Act 2011

97—Amendment of section 24—Advisory committees

This clause removes the requirement of the Board to establish an advisory committee to advise in relation to the application of funds for clinical equipment or research.

98—Transitional provision

This clause ensures that a member of the advisory committee so established ceases to hold office on the commencement of the clause.

Part 21—Amendment of Heritage Places Act 1993

99—Amendment of section 5—Composition of Council

The role of the Governor in the appointment of the members of the South Australian Heritage Council is removed and the Minister will appoint the members of the Council, designate a member to chair meetings of the Council and appoint deputies to act in the absence of a member.

100—Amendment of section 6—Conditions of membership

The role of the Governor in determining the terms and conditions of appointment of the members of the South Australian Heritage Council is removed and that role is given to the Minister. This clause also proposes that the Minister determine the term of a member and may remove a member from office in specified circumstances.

101—Amendment of section 7—Proceedings of Council

This amendment is consequential on clause 99 and substitutes references to the Governor with references to the Minister.

102—Amendment of section 7A—Committees

This clause amends section 7A of the principal Act to require that the South Australian Heritage Council must, in acting under the section to appoint a committee, comply with any guidelines issued by the Minister.

103—Amendment of section 9—Remuneration

This amendment is consequential on clause 99 and substitutes references to the Governor with references to the Minister.

Part 22—Amendment of Local Government Act 1999

104—Amendment of section 4—Interpretation

This amendment is consequential.

105—Amendment of section 11—General provisions relating to proclamations

This amendment is consequential.

106—Amendment of section 12—Composition and wards

This amendment is consequential.

107—Substitution of heading to Chapter 3 Part 2

This amendment is consequential.

108—Repeal of Chapter 3 Part 2 Divisions 1 and 2

The primary purpose of the amendments proposed to the principal Act is to abolish the Boundary Adjustment Facilitation Panel. To that end, Divisions 1 and 2 of Chapter 3 Part 2 are repealed.

109—Amendment of section 26—Principles

This amendment is consequential.

110—Amendment of section 27—Council initiated proposals

These amendments are consequential.

111—Amendment of section 28—Public initiated submissions

These amendments are consequential.

112—Substitution of Division 6

This clause substitutes Division 6 (and is consequential on the abolition of the Boundary Adjustment Facilitation Panel):

Division 6—Submissions of proposals to Governor

29—Submissions of proposals to Governor

Proposed section 29 provides for the action the Minister may take following publication of a report under Division 4 or 5.

113—Amendment of section 30—Report if proposal rejected

This amendment is consequential.

114—Amendment of section 31—Report if proposal submitted to poll

These amendments are consequential.

115—Amendment of section 32—Provision of reports to councils

These amendments are consequential.

116—Amendment of section 34—Error or deficiency in address, recommendation, notice or proclamation

This amendment is consequential.

117—Amendment of section 303—Regulations

This amendment inserts provisions allowing for the making of regulations of a saving or transitional nature under the principal Act consequent on the enactment of the Statutes Amendment (Boards and Committees—Abolition and Reform) Act 2015.

118—Amendment of Schedule 1A—Implementation of Stormwater Management Agreement

Two of the amendments in this clause provide for the Minister to appoint the members of the Board of the Stormwater Management Authority (instead of the Governor). The third amendment is consequential on the amendments to the Natural Resources Management Act 2004 relating to the Natural Resources Management Council.

119—Amendment of Schedule 5—Documents to be made available by councils

These amendments are consequential.

120—Transitional provisions

This clause sets out various transitional provisions for the purposes of the amendments to the Local Government Act 1999.

Part 23—Amendment of Marine Parks Act 2007

121—Amendment of section 3—Interpretation

This clause substitutes a new definition of Council to refer to the Parks and Wilderness Council which is proposed to be established under the National Parks and Wildlife Act 1972 (see clause 135).

122—Amendment of heading to Part 4 Division 2

This clause makes an amendment which is consequential on the substitution of the Parks and Wilderness Council for the Marine Parks Council of South Australia.

123—Repeal of sections 24 to 28

This clause abolishes the Marine Parks Council of South Australia by repealing sections 24 to 28 (inclusive) of the principal Act.

124—Repeal of section 30

This clause repeals section 30 of the principal Act, which is consequential on clause 123.

125—Amendment of section 63—Regulations

This clause inserts provisions allowing for the making of regulations of a saving or transitional nature under the principal Act consequent on the enactment of the Statutes Amendment (Boards and Committees—Abolition and Reform) Act 2015.

126—Transitional provision

This clause ensures that a member of the Marine Parks Council of South Australia ceases to hold office on the commencement of this clause.

Part 24—Amendment of Motor Vehicles Act 1959

127—Amendment of section 5—Interpretation

This clause amends section 5 to delete the definition of review committee.

128—Repeal of section 98Y

This clause repeals section 98Y which provided for the appointment of the review committee.

129—Substitution of section 98Z

This clause substitutes section 98Z:

98Z—Review by Registrar

The substituted section provides for reviews of the decisions of the Registrar of Motor Vehicle under Part 2, 2A, 3, 3A, 3C or 3D to be conducted by the Registrar instead of the review committee.

130—Amendment of section 98ZA—Appeal to District Court

This clause amends section 98ZA to remove references to the review committee.

131—Transitional provision

This clause provides for the review committee to continue in existence after the commencement of this Part for the purpose of determining applications for review referred to the committee before that commencement.

Part 25—Amendment of National Parks and Wildlife Act 1972

132—Amendment of section 5—Interpretation

This clause substitutes a new definition of Council to refer to the Parks and Wilderness Council which is proposed to be established under clause 135.

133—Amendment of section 11—Wildlife Conservation Fund

This clause makes an amendment which is consequential on the substitution of the Parks and Wilderness Council for the South Australian National Parks and Wildlife Council.

134—Amendment of section 12—Delegation

This clause deletes a reference to advisory committees, which are proposed to be abolished under clause 135.

135—Substitution of Part 2 Division 2, 2A and 2B

This clause abolishes the South Australian National Parks and Wildlife Council by repealing Part 2 Division 2 which establishes and maintains the South Australian National Parks and Wildlife Council.

This clause also abolishes the establishment of advisory committees and consultative committees under Part 2 Division 2A and Division 2B which are to be repealed.

In substitution, this clause inserts provisions that establish the Parks and Wilderness Council. These provisions provide for the establishment of the Parks and Wilderness Council and the appointment of members by the Minister according to criteria listed in the clause. The clause also provides for the terms and conditions of membership of the Council, remuneration and allowances, the proceedings of the Council and its functions (which include functions in relation to the National Parks and Wildlife Act 1972, the Adelaide Dolphin Sanctuary Act 2005, the Marine Parks Act 2007 and the Wilderness Protection Act 1992). The Council is to be subject to the direction and control of the Minister.

136—Amendment of section 38—Management plans

This clause substitutes a reference to the Parks and Wilderness Council for the South Australian National Parks and Wildlife Council, an amendment which is consequential on clause 135.

137—Amendment of section 45A—Interpretation and application

This clause deletes the definition of General Reserves Trust which is to be abolished under clause 145.

138—Amendment of section 45B—Development Trusts

This makes amendments which are consequential on the abolition of the General Reserves Trust.

139—Repeal of section 45BA

This makes amendments which are consequential on the abolition of the General Reserves Trust.

140—Amendment of section 45F—Functions of Trust

This makes amendments which are consequential on the abolition of the General Reserves Trust and which simplify the provisions of section 45F.

141—Amendment of heading to Part 3A Division 2

This makes an amendment which is consequential on the renaming of the General Reserves Trust Fund as the General Reserves Fund in clause 142.

142—Amendment of section 45M—Establishment of Fund

This clause renames the General Reserves Trust Fund as the General Reserves Fund and places it under the management and control of the Minister instead of the General Reserves Trust which is to be abolished. The clause amends section 45M of the principal Act to clarify which funds that the fund consists of, such as, fees paid for entrance to reserves other than reserves in relation to which a specific Trust has been established and determined that it is to retain such fees. The clause also makes other amendments consequential on the abolition of the General Reserves Trust and the renaming of the General Reserves Trust Fund.

143—Amendment of section 45N—Investment of the fund

This make an amendment which is consequential on the vesting of the control and management of the General Reserves Fund in the Minister.

144—Section 45O—Accounts and auditing

This makes amendments which are consequential on the vesting of the control and management of the General Reserves Fund in the Minister.

145—Insertion of Schedules 12 and 13

This clause inserts 2 Schedules into the principal Act:

Schedule 12—Dissolution of General Reserves Trust

Provisions in this Schedule abolish the General Reserves Trust which was established by proclamation under section 45B of the Act on 30 November 1978 and all members of the Trust holding office immediately before the commencement of this clause cease to hold office. All assets, rights and liabilities of the Trust will be vested in the Minister.

Schedule 13—Transitional provision relating to Statutes Amendment (Boards and Committees—Abolition and Reform) Act 2015

Provisions in this Schedule allow for the making of regulations of a saving or transitional nature under the principal Act consequent on the enactment of the Statutes Amendment (Boards and Committees—Abolition and Reform) Act 2015.

146—Transitional provision

This clause ensures that a member of the South Australian National Parks and Wildlife Council ceases to hold office on the commencement of this clause.

Part 26—Amendment of Native Vegetation Act 1991

147—Amendment of section 8—Membership of Council

The role of the Governor in the appointment of the members of the Native Vegetation Council is removed and the Minister will appoint the members of the Council and appoint deputies to act in the absence of a member. This clause also makes an amendment consequential on the abolition of the Natural Resources Management Council.

148—Amendment of section 9—Conditions of office

The role of the Governor in determining the terms and conditions of appointment of the members of the Native Vegetation Council is removed and that role is given to the Minister. This clause also proposes that the Minister may remove a member of the Council from office in specified circumstances.

149—Amendment of section 10—Allowances and expenses

The role of the Governor in determining the remuneration, allowances and expenses of the members of the Native Vegetation Council is removed and that role is given to the Minister.

150—Amendment of section 16—Staff

The role of the Governor in determining the staff of the Native Vegetation Council is removed and that role is given to the Minister.

151—Amendment of section 25—Guidelines for the application of assistance and the management of native vegetation

This clause changes a reference to the Pastoral Board to a reference to the Minister responsible for the administration of the Pastoral Land Management and Conservation Act 1989, which is consequential on the abolition of the Pastoral Board under clause 189.

152—Amendment of section 29—Provisions relating to consent

This clause changes references to the Pastoral Board to references to the Minister responsible for the administration of the Pastoral Land Management and Conservation Act 1989, which is consequential on the abolition of the Pastoral Board under clause 189.

153—Amendment of Schedule 2—Transitional provisions

This clause inserts provisions allowing for the making of regulations of a saving or transitional nature under the principal Act consequent on the enactment of the Statutes Amendment (Boards and Committees—Abolition and Reform) Act 2015.

Part 27—Amendment of Natural Resources Management Act 2004

154—Amendment of section 3—Interpretation

This clause makes amendments consequential on the abolition of the Natural Resources Management Council to delete its definition and amend the definition of the NRM Plan. This clause also updates references to the Petroleum and Geothermal Energy Act 2000 and Primary Producers SA Incorporated.

155—Amendment of section 10—Functions of Minister

This clause makes amendments consequential on the abolition of the Natural Resources Management Council by giving 2 of its previous functions to the Minister, being:

(a) to prepare and maintain the State NRM Plan, and to keep under review the extent to which regional NRM plans and policies and practices adopted or applied by NRM authorities are consistent with the State NRM Plan; and

(b) to convene forums on a State-wide basis to discuss natural resources management issues, and to promote public awareness of sound natural resources management practices.

156—Repeal of Chapter 3 Part 2

This clause abolishes the Natural Resources Management Council by repealing Chapter 3 Part 2 of the principal Act which establishes and provides for the composition and functions of the Council.

157—Amendment of section 22—Establishment of regions

This clause makes amendments consequential on the abolition of the Natural Resources Management Council.

158—Amendment of section 23—Establishment of boards

This clause makes amendments consequential on the abolition of the Natural Resources Management Council.

159—Amendment of section 25—Composition of boards

The role of the Governor in the appointment of the members of Regional Natural Resources Management Boards is removed and the Minister will appoint the members of such Boards (including a presiding member) and appoint deputies to act in the absence of a member. This clause also makes amendments consequential on the abolition of the Natural Resources Management Council.

160—Amendment of section 26—Conditions of membership

The role of the Governor in determining the terms and conditions of appointment of the members of Regional Natural Resources Management Boards is removed and that role is given to the Minister. This clause also proposes that the Minister may remove a member of such a Board from office in specified circumstances.

161—Amendment of section 27—Allowances and expenses

The role of the Governor in determining the fees, allowances and expenses of the members of Regional Natural Resources Management Boards is removed and that role is given to the Minister.

162—Amendment of section 29—Functions of boards

This clause makes amendments consequential on the abolition of the Natural Resources Management Council.

163—Amendment of section 30—General powers

This clause makes a correction.

164—Amendment of section 35—Committees

This clause inserts an example for clarification of the power of the Minister to issue guidelines in relation to the establishment of committees by a regional NRM board.

165—Amendment of section 39—Specific reports

This clause makes amendments consequential on the abolition of the Natural Resources Management Council.

166—Repeal of section 40

This clause deletes section 40 of the principal Act which provides power for the Minister to appoint an administrator of a regional NRM board.

167—Amendment of section 45—Establishment of areas

This clause updates a reference to the South Australian Farmers Federation Incorporated to Primary Producers SA Incorporated.

168—Amendment of section 48—Composition of NRM groups

This clause updates a reference to the South Australian Farmers Federation Incorporated to Primary Producers SA Incorporated.

169—Amendment of section 74—State NRM Plan

This clause makes amendments consequential on the abolition of the Natural Resources Management Council and gives responsibility for the preparation and maintenance of the State NRM Plan to the Minister.

170—Amendment of section 75—Regional NRM plans

This clause makes amendments consequential on the abolition of the Natural Resources Management Council.

171—Amendment of section 79—Preparation of plans and consultation

This clause makes amendments consequential on the abolition of the Natural Resources Management Council.

172—Amendment of section 80—Submission of plan to Minister

This clause makes amendments consequential on the abolition of the Natural Resources Management Council.

173—Amendment of section 81—Review and amendment of plans

This clause makes amendments consequential on the abolition of the Natural Resources Management Council.

174—Amendment of section 95—Imposition of levy by councils

This clause updates a reference to the Local Government Act 1999.

175—Amendment of section 122—Special provisions relating to land

This clause updates a reference to the Fire and Emergency Services Act 2005.

176—Amendment of section 129—Activities not requiring a permit

This clause deletes a reference to the repealed Upper South East Dryland Salinity and Flood Management Act 2002.

177—Repeal of section 228

This clause makes amendments consequential on the abolition of the Natural Resources Management Council.

178—Amendment of Schedule 1—Provisions relating to regional NRM boards and NRM groups

This clause makes amendments consequential on the abolition of the Natural Resources Management Council.

179—Amendment of Schedule 4—Repeals and transitional provisions

This clause makes amendments to Schedule 4 of the principal Act dealing with transitional provisions. This clause amends the power to make regulations of a transitional nature to apply in the case of any Act amending the principal Act.

180—Transitional provision

This clause ensures that a member of the Natural Resources Management Council ceases to hold office on the commencement of this clause.

Part 28—Amendment of Office for the Ageing Act 1995

181—Amendment of long title

This clause amends the long title of the principal Act to remove the reference to the establishment of the Advisory Board on Ageing. This amendment is consequential on the key measure of this Part, which is the abolition of that Board.

182—Repeal of Part 3

This clause repeals Part 3 of the principal Act, which established the Advisory Board on Ageing. The clause reflects the key measure of this Part.

183—Transitional provision

This clause ensures that a member of the Advisory Board on Ageing ceases to hold office on the commencement of the clause.

Part 29—Amendment of Opal Mining Act 1995

184—Amendment of section 43—Registration of agreement

This clause makes amendments consequential on the abolition of the Pastoral Board in clause 189 and replaces a reference to that Board with a reference to the Minister responsible for the administration of the Pastoral Land Management and Conservation Act 1989.

Part 30—Amendment of Pastoral Land Management and Conservation Act 1989

185—Amendment of section 3—Interpretation

This clause makes an amendment which is consequential on the abolition of the Pastoral Board to delete the definition.

186—Amendment of section 5—Duty of the Minister

This clause makes an amendment which is consequential on the abolition of the Pastoral Board.

187—Amendment of section 9—Pastoral Land Management Fund

This clause makes an amendment which is consequential on the abolition of the Pastoral Board.

188—Amendment of section 10—Power of Minister to delegate

This clause makes an amendment which is consequential on the abolition of the Pastoral Board.

189—Repeal of Part 3 Division 2

This clause abolishes the Pastoral Board by repealing Part 3 Division 2 of the principal Act which establishes and provides for the composition and functions of the Board.

190—Amendment of section 19—Grant of leases

This clause makes an amendment which is consequential on the abolition of the Pastoral Board.

191—Amendment of section 20—Assessment of land prior to grant of lease

This clause makes an amendment which is consequential on the abolition of the Pastoral Board by replacing a reference to the Board with a reference to the Minister who is to assume the responsibilities of the Board.

192—Amendment of section 22—Conditions of pastoral leases

This clause makes amendments which are consequential on the abolition of the Pastoral Board by replacing references to the Board with references to the Minister who is to assume the responsibilities of the Board.

193—Amendment of section 23—Rent

This clause makes amendments which are consequential on the abolition of the Pastoral Board by replacing references to the Board with references to the Minister who is to assume the responsibilities of the Board.

194—Amendment of section 24—Term of pastoral leases

This clause makes an amendment which is consequential on the abolition of the Pastoral Board by replacing a reference to the Board with a reference to the Minister who is to assume the responsibilities of the Board.

195—Amendment of section 25—Assessment of land

This clause makes an amendment which is consequential on the abolition of the Pastoral Board by replacing references to the Board with references to the Minister who is to assume the responsibilities of the Board.

196—Repeal of sections 25A and 25B

This clause deletes sections 25A and 25B which is consequential on the abolition of the Pastoral Board. Sections 25A and 25B provide for the Minister to provide assistance to lessees in dealing with the Pastoral Board by providing access to registered members of a pool of persons suitable for that purpose.

197—Amendment of section 26—Extension of term of pastoral leases and variation of conditions

This clause makes an amendment which is consequential on the abolition of the Pastoral Board by replacing references to the Board with references to the Minister who is to assume the responsibilities of the Board.

198—Amendment of section 31—Alteration of boundaries

This clause makes an amendment which is consequential on the abolition of the Pastoral Board by replacing a reference to the Board with a reference to the Minister who is to assume the responsibilities of the Board.

199—Amendment of section 31A—Variation of land subject to lease

This clause makes an amendment which is consequential on the abolition of the Pastoral Board.

200—Amendment of section 33—Abandonment of land

This clause makes an amendment which is consequential on the abolition of the Pastoral Board by replacing a reference to the Board with a reference to the Minister who is to assume the responsibilities of the Board.

201—Amendment of section 35—Penalties for late payment of rent

This clause makes an amendment which is consequential on the abolition of the Pastoral Board by replacing a reference to the Board with a reference to the Minister who is to assume the responsibilities of the Board.

202—Amendment of section 36—Waiver

This clause makes an amendment which is consequential on the abolition of the Pastoral Board by replacing a reference to the Board with a reference to the Minister who is to assume the responsibilities of the Board.

203—Amendment of section 37—Cancellation of lease or imposition of fine on breach of conditions

This clause makes amendments which are consequential on the abolition of the Pastoral Board by replacing references to the Board with references to the Minister who is to assume the responsibilities of the Board.

204—Amendment of section 38—Cancellation of pastoral lease obtained by false statement

This clause makes an amendment which is consequential on the abolition of the Pastoral Board by replacing a reference to the Board with a reference to the Minister who is to assume the responsibilities of the Board.

205—Amendment of section 40—Notice of adverse action to be given to holders of registered interests or caveats

This clause makes an amendment which is consequential on the abolition of the Pastoral Board by replacing a reference to the Board with a reference to the Minister who is to assume the responsibilities of the Board.

206—Amendment of section 41—Property plans

This clause makes an amendment which is consequential on the abolition of the Pastoral Board by replacing references to the Board with references to the Minister who is to assume the responsibilities of the Board.

207—Amendment of section 42—Verification of stock levels

This clause makes an amendment which is consequential on the abolition of the Pastoral Board by replacing a reference to the Board with a reference to the Minister who is to assume the responsibilities of the Board.

208—Amendment of section 43—Notices to destock or take other action

This clause makes amendments which are consequential on the abolition of the Pastoral Board by replacing references to the Board with references to the Minister who is to assume the responsibilities of the Board.

209—Amendment of section 44—Reference areas

This clause makes amendments which are consequential on the abolition of the Pastoral Board by replacing references to the Board with references to the Minister who is to assume the responsibilities of the Board.

210—Amendment of section 45—Establishment of public access routes and stock routes

This clause makes amendments which are consequential on the abolition of the Pastoral Board by replacing references to the Board with references to the Minister who is to assume the responsibilities of the Board.

211—Amendment of section 52—Powers and procedures of the Tribunal

This clause makes an amendment which is consequential on the abolition of the Pastoral Board.

212—Amendment of section 58—Notice to be given of cattle muster

This clause makes an amendment which is consequential on the abolition of the Pastoral Board by replacing a reference to the Board with a reference to the Minister who is to assume the responsibilities of the Board.

213—Amendment of section 59—Right to take water

This clause makes an amendment which is consequential on the abolition of the Pastoral Board by replacing a reference to the Board with a reference to the Minister who is to assume the responsibilities of the Board.

214—Amendment of section 61—Powers of entry etc

This clause makes an amendment which is consequential on the abolition of the Pastoral Board by replacing a reference to the Board with a reference to the Minister who is to assume the responsibilities of the Board and deleting other reference to the Board.

215—Amendment of section 66—Certain debts are charges over leases

This clause makes an amendment which is consequential on the abolition of the Pastoral Board by replacing references to the Board with references to the Minister who is to assume the responsibilities of the Board.

216—Amendment of Schedule—Transitional provisions

This clause makes amendment to existing transitional provisions which is consequential on the abolition of the Pastoral Board by replacing a reference to the Board with a reference to the Minister who is to assume the responsibilities of the Board.

This clause also ensures that a member of the Pastoral Board ceases to hold office on the commencement of clause 189.

This clause also provides for the making of regulations of a saving or transitional nature under the principal Act consequent on the enactment of the Statutes Amendment (Boards and Committees—Abolition and Reform) Act 2015.

Part 31—Amendment of Phylloxera and Grape Industry Act 1995

217—Amendment of section 3—Interpretation

This clause removes the definition of Selection Committee from section 3 of the principal Act. This amendment is consequential on one of the key measures of this Part, namely the abolition of the Selection Committee.

218—Amendment of section 5—Constitution of Board

This clause transfers functions relating to the selection and appointment of members of the Phylloxera and Grape Industry Board of South Australia from the Selection Committee to the Minister and to organisations that the Minister considers have significant involvement in grape growing or winemaking.

219—Repeal of Part 2 Division 2

This clause repeals Part 2 Division 2 of the principal Act, which established the Selection Committee.

220—Amendment of section 26—Report

This clause makes a minor amendment to section 26 consequential on the abolition of the Selection Committee.

221—Insertion of section 28

This clause inserts a new section into the principal Act.

28—Power of delegation

This section will enable the Minister to delegate his or her functions or powers under the principal Act.

222—Amendment of section 30—Regulations

This amendment inserts provisions allowing for the making of regulations of a saving or transitional nature under the principal Act consequent on the enactment of the Statutes Amendment (Boards and Committees—Abolition and Reform) Act 2015.

223—Transitional provision

This clause ensures that a member of the Selection Committee ceases to hold office on the commencement of the clause.

Part 32—Amendment of Public Employees Housing Act 1987

224—Repeal of section 5

This clause repeals section 5 of the principal Act, which established the Public Employees Housing Advisory Committee.

225—Transitional provision

This clause ensures that a member of the Public Employees Housing Advisory Committee ceases to hold office on the commencement of the clause.

Part 33—Amendment of SACE Board of South Australia Act 1983

226—Amendment of Schedule 1—Designated entities

This clause removes a reference to the Minister's Youth Council from the principal Act, as a result of the abolition of that Council. The opportunity is also taken to update the outdated reference to 'Non-Government Schools Registration Board' to 'Education and Early Childhood Services Registration and Standards Board of South Australia'.

Part 34—Amendment of South Australian Forestry Corporation Act 2000

227—Amendment of section 4—Interpretation

This clause amends section 4 by redefining director so that it includes an acting director.

228—Amendment of section 9—Common seal and execution of documents

This clause amends section 9 to enable the affixing of the common seal of the Corporation to be attested by 1 or more directors.

229—Substitution of section 10

This clause substitutes section 10:

10—Establishment of board

The new section provides for the board of directors which is the governing body of the Corporation to consist of up to 5 members appointed by the Governor. A person will be eligible for appointment as a director if, in the Minister's opinion, the person has appropriate qualifications, experience or expertise to effectively perform the functions of a director of the Corporation. The section provides for the Governor to appoint a director of the board to chair meetings of the board and for the appointment of acting directors, whose terms and conditions of appointment will be as determined by the Governor.

230—Amendment of section 11—Conditions of membership

This clause amends section 11 to ensure that its provisions regarding the terms and conditions of appointment of directors of the board do not apply to the appointment of acting directors (which is covered by the new section 10).

231—Amendment of section 14—Board proceedings

This clause amends section 14 to provide that the quorum of the board is to consist of a majority of the directors in office for the time being. If a director has been appointed by the Governor to chair meetings of the board, that person will preside. If no such appointment has been made, or if the appointed director is absent, the directors present at the meeting will choose a director to chair that meeting.

Part 35—Amendment of South Australian Housing Trust Act 1995

232—Amendment of section 18—Committees

The first amendment in this clause deletes subsection (1)(a) which requires the South Australian Housing Trust to establish the South Australian Affordable Housing Trust Board of Management. The other amendments are consequential.

233—Transitional provision

This clause ensures that a member of the South Australian Affordable Housing Trust Board of Management ceases to hold office on the commencement of the clause.

Part 36—Amendment of South Australian Motor Sport Act 1984

234—Amendment of Long title

It is proposed to amend the long title of the principal Act so as to omit any reference to the body corporate the South Australian Motor Sport Board (the Board) which is to be abolished (and its functions are to be conferred on the South Australian Tourism Commission (the Commission)). The long title will provide that the Act is to facilitate the promotion of motor sport events in the State and for other purposes.

235—Amendment of section 3—Interpretation

The proposed amendments remove definitions that will no longer be required as a result of the abolition of the Board and insert a definition of the Commission. The majority of the amendments to the principal Act that follow are consequential on the abolition of the Board and on conferring on the Commission the functions and powers relating to the promotion of motor sport events in the State currently exercised by the Board.

236—Substitution of heading to Part 2

The new heading will be 'Functions and powers of Commission relating to motor sport events'.

237—Repeal of Part 2 Division 1

This Division (which made provision for the establishment of the Board) is to be repealed.

238—Repeal of heading to Part 2 Division 2

This heading is to be repealed as Part 2 will no longer need to be divided into Divisions.

239—Amendment of section 10—Functions and powers of Commission

240—Amendment of section 10AA—Non-application of Government Business Enterprises (Competition) Act 1996

241—Repeal of section 10A

242—Amendment of section 11—Commission may control and charge fee for filming etc from outside circuit

243—Repeal of section 12

244—Repeal of Part 2 Divisions 3 and 4

245—Amendment of section 20—Minister may make certain declarations

246—Amendment of section 21—Commission to have care, control etc of declared area for relevant declared period

247—Amendment of section 22—Commission to have power to enter and carry out works etc on declared area

248—Amendment of section 23—Commission to consult and take into account representations of persons affected by operations

249—Amendment of section 24—Certain land taken to be lawfully occupied by Commission

250—Amendment of section 25—Non-application of certain laws

251—Amendment of section 26—Plans of proposed works to be available for public inspection

The amendments proposed by clauses 239 to 251 (inclusive) are consequential.

252—Amendment of section 27—Power to remove vehicles left unattended within declared area

One of the proposed amendments to this section is consequential and the other updates a reference.

253—Amendment of section 27AB—Application of sections 27B and 27C

This amendment is consequential.

254—Repeal of section 28

This section is to be repealed as it is no longer required.

255—Amendment of section 28AA—Declaration of official titles

This amendment is consequential.

256—Amendment of section 28A—Special proprietary interests

These amendments are consequential.

257—Amendment of section 28B—Seizure and forfeiture of goods

One of the proposed amendments to this section is consequential and the other updates a reference.

258—Repeal of section 29

This section is to be repealed as it is no longer required. Schedule 1 (to be inserted in the principal Act by clause 260) makes provision for the transfer of assets and liabilities of the Board.

259—Amendment of section 30—Regulations

These amendments are either consequential or update the penalty that may be imposed for breach of a regulation.

260—Insertion of Schedule 1—Transitional provisions

Proposed Schedule 1 makes provision for transitional arrangements consequent on the abolition of the Board, including as to the transfer of staff, assets and liabilities.

Part 37—Amendment of South Australian Multicultural and Ethnic Affairs Commission Act 1980

261—Amendment of section 6—Constitution of Commission

The role of the Governor in the appointment of Commission members is removed and given to the Minister instead. This represents the key measure of this Part.

262—Amendment of section 7—Remuneration of members

This clause makes a minor amendment to section 7 consequential on the key measure of this Part.

263—Amendment of section 8—Removal from and vacancies of office

This clause makes minor amendments to section 8 consequential on the key measure of this Part.

Part 38—Amendment of South Australian Tourism Commission Act 1993

264—Amendment of section 3—Object

It is proposed to amend this section of the principal Act to reflect that the South Australian Tourism Commission (the Commission), as part of promoting South Australia as a tourist destination, also undertakes, on behalf of the State, the promotion of events, festivals and other activities.

265—Amendment of section 4—Interpretation

Definitions that will be otiose following the passage of this Part of the measure are to be deleted. In addition, a definition of promote, in relation to an event, festival or other activity, is to be inserted.

266—Amendment of section 5—Establishment of Commission

It is proposed to insert that the Commission has all the powers of a natural person that are capable of being exercised by a body corporate. This and another amendment proposed to this section are consequential on the Commission taking on the functions of the South Australian Motor Sport Board (to be abolished by the amendments proposed under Part 36 of this measure). The other amendment makes provision in relation to the common seal of the Commission.

267—Substitution of Part 2 Divisions 2, 3 and 4

A purpose of the amendments proposed to the principal Act is to abolish the board of directors as the governing body of the Commission and replace the board with the Chief Executive Officer (the CEO). This is achieved by repealing Divisions 2 to 4 of Part 2 and substituting them with appropriate provisions as follows:

Division 2—Constitution of Commission

6—Constitution of Commission

The Commission will be constituted of the Chief Executive Officer (CEO) of the Commission. The CEO will be appointed by the Governor, on the recommendation of the Minister, on terms and conditions determined by the Governor and is, for the purposes of the Public Sector (Honesty and Accountability) Act 1995, a senior official.

7—Acting CEO

The Minister may appoint an Acting CEO to act in the office of the CEO if the CEO is temporarily absent or unable to perform official functions. While so acting, the Acting CEO has all functions and powers of the CEO and will also be a senior official for the purposes of the Public Sector (Honesty and Accountability) Act 1995.

8—Ministerial control

This section is substantially the same as current section 7 and provides that the Commission is subject to control and direction by the Minister.

Division 3—CEO

9—Conditions of appointment

This section provides for the conditions relating to the appointment of the CEO and is similar in terms to current section 10 except that it applies to the CEO rather than to a member of the board.

10—Saving provision

This section provides that an act of the Commission is not invalid by reason only of a defect in the appointment of the CEO or Acting CEO.

11—Delegation

This section provides the CEO with power to delegate his or her powers or functions and is drafted in the usual terms.

12—Staff and resources

This section provides that the CEO is responsible for managing the staff and resources of the Commission.

268—Amendment of section 19—Functions of Commission

The proposed amendment to this section clarifies that the functions of the Commission include the promotion of such events, festivals or activities of the State as are consistent with the object of the principal Act. A further amendment is consequential on the amendments proposed to the South Australian Motor Sport Act 1984 under Part 36 of this measure.

269—Amendment of section 20—Powers of Commission

This amendment is consequential.

270—Amendment of section 25—Protection of names

271—Amendment of section 26—Regulations

The proposed amendments in clause 270 and this clause update the penalty provisions.

272—Transitional provisions

This clause provides that a member of the board of the Commission holding office immediately before the commencement of this clause ceases to hold office on that commencement. In addition, the person holding office as the Chief Executive Officer under the principal Act immediately before the commencement of this section will, on that commencement, be taken to have been appointed as the CEO to the Commission under Part 2 of the principal Act (as amended by this measure) on the same terms and conditions, and for the balance of the term of appointment, applying to the Chief Executive Officer immediately before that commencement.

Part 39—Amendment of South Eastern Water Conservation and Drainage Act 1992

273—Repeal of section 29

This clause abolishes the Eight Mile Creek Water Conservation and Drainage Advisory Committee by repealing section 29 of the principal Act.

274—Amendment of section 31—Advisory committees

This clause makes an amendment which is consequential on the abolition of the Eight Mile Creek Water Conservation and Drainage Advisory Committee.

275—Amendment of section 32—Terms and conditions of office

This clause makes an amendment which is consequential on the abolition of the Eight Mile Creek Water Conservation and Drainage Advisory Committee.

276—Transitional provision

This clause ensures that a member of the Eight Mile Creek Water Conservation and Drainage Advisory Committee ceases to hold office on the commencement of this clause.

Part 40—Amendment of State Lotteries Act 1966

277—Amendment of section 3—Interpretation

These amendments are consequential.

278—Amendment of section 4—Constitution of Commission

The primary purpose of the amendments proposed to the principal Act is to replace the multiple members who form the governing body of the Commission with the Commissioner. To that end, the amendments to section 4 provide for the Commission to be constituted of the Commissioner.

279—Amendment of section 5—Term of office of Commissioner

One of the proposed amendments to this section is consequential and the other provides that the Commissioner is, for the purposes of the Public Sector (Honesty and Accountability) Act 1995, a senior official.

280—Substitution of sections 6 and 7

This clause deletes sections 6 and 7 of the principal Act and inserts new section 6:

6—Removal from office

Proposed section 6 ensures that the Governor has power to remove the Commissioner from office on the recommendation of the Minister on any ground that the Minister considers sufficient.

281—Amendment of section 8—Vacancy in office of Commissioner

These amendments are consequential.

282—Substitution of section 9

This clause deletes section 9 and inserts new section 9:

9—Acting Commissioner

Proposed section 9 makes provision for the appointment of an acting Commissioner in the event that the Commissioner is temporarily absent or unable to perform his or her official functions.

283—Amendment of section 11—Validity of acts of Commission

This amendment is consequential.

284—Repeal of section 12

This amendment deletes section 12 and is consequential.

285—Insertion of section 18C

This clause inserts section 18C:

18C—Tax and other liabilities of Commission

Regulation 4 of the Public Corporations (Lotteries Commission—Tax and Other Liabilities) Regulations 2012 provides that section 29 of the Public Corporations Act 1993 applies to the Commission (such that the Commission is liable to pay various taxes and other liabilities as if it were not an instrumentality of the Crown). On the Commission being reconstituted of a single member (rather than multiple members) it is necessary to enact an equivalent of section 29 of the Public Corporations Act 1993 in the State Lotteries Act 1966 because it s not envisaged in the Public Corporations Act 1993 that section 29 would be applied to a single member body corporate.

286—Amendment of section 19—Offences

This amendment deletes a reference to Chief Executive and substitutes it with a reference to Commissioner.

287—Amendment of section 20—Regulations

This clause inserts a new power to make regulations of a saving or transitional nature consequent on the enactment of the Statutes Amendment (Boards and Committees—Abolition and Reform) Act 2015.

288—Transitional provision

This clause inserts a transitional provision that ensures that a member of the Lotteries Commission of South Australia ceases to hold office on the commencement of the clause.

Part 41—Amendment of Supported Residential Facilities Act 1992

289—Amendment of section 3—Interpretation

This amendment is consequential.

290—Repeal of Part 3 Division 2

This clause repeals Part 3 Division 2 of the principal Act which establishes the Supported Residential Facilities Advisory Committee.

291—Repeal of section 19

This clause repeals section 19 of the principal Act which establishes the panel of assessors to sit with the District Court when the Court is exercising its jurisdiction under the principal Act.

292—Amendment of section 25—Matters to be considered in granting a licence

This amendment is consequential.

293—Amendment of section 29—Licence conditions

This amendment is consequential.

294—Amendment of section 57—Regulations

This amendment removes the power to make regulations that may incorporate, adopt, apply or make prescriptions by reference to any document prepared or published by the Advisory Committee or any other body or authority.

295—Transitional provision

This clause inserts transitional provisions that ensure that a member of the Supported Residential Facilities Advisory Committee and a member of the panel established under section 19 of the principal Act cease to hold office on the commencement of the relevant amendments.

Part 42—Amendment of Training and Skills Development Act 2008

296—Amendment of section 4—Interpretation

This clause removes the definition of reference group from section 4 of the principal Act. This amendment is consequential on one of the key measures of this Part, namely the abolition of reference groups under the principal Act.

297—Amendment of section 10—Functions of Commission

This clause makes a minor amendment to section 10 consequential on the abolition of reference groups.

298—Repeal of Part 2 Division 3

This clause repeals Part 2 Division 3 of the principal Act, which required the Minister to establish reference groups. This amendment represents one of the key measures of this Part.

299—Repeal of section 68

This clause repeals section 68 of the principal Act, which required or enabled the Industrial Relations Commission to sit with assessors and experts (selected in accordance with Schedule 1 of the principal Act) in certain proceedings. This amendment reflects the other key measure of this Part.

300—Amendment of section 79—Regulations

This amendment inserts provisions allowing for the making of regulations of a saving or transitional nature under the principal Act consequent on the enactment of the Statutes Amendment (Boards and Committees—Abolition and Reform) Act 2015.

301—Repeal of Schedule 1

This clause repeals Schedule 1 of the principal Act, which required the Minister to establish panels of assessors, and enabled the Minister to establish panels of experts. This amendment is related to the measure referred to in clause 299 (above).

302—Transitional provisions

This clause ensures that a member of a reference group and a member of a panel will cease to hold office on the commencement of the respective subclauses.

Part 43—Amendment of Urban Renewal Act 1995

303—Amendment of section 7—Committees and subcommittees

This clause removes the requirement of the Minister to establish a housing and urban development industry advisory committee and a residents and consumers advisory committee.

304—Transitional provision

This clause ensures that a member of an advisory committee so established will cease to hold office on the commencement of the clause.

Part 44—Amendment of Wilderness Protection Act 1992

305—Amendment of section 3—Interpretation

This clause removes the definition of the Wilderness Advisory Committee which is being abolished under this Part. This clause also inserts a new definition of Parks and Wilderness Council, being the Parks and Wilderness Council proposed to be established under the National Parks and Wildlife Act 1972.

306—Amendment of heading to Part 2 Division 2

This clause amends the heading to Part 2 Division which is consequential on the abolition of the Wilderness Advisory Committee and the ongoing performance of its functions by the Parks and Wilderness Council.

307—Repeal of sections 8 to 10

This clause abolishes the Wilderness Advisory Committee by repealing sections 8 to 10 (inclusive) of the principal Act which establish and provide for the composition and functions of the Committee.

308—Amendment of section 11—Functions of the Parks and Wilderness Council under this Act

This clause makes an amendment which is consequential on the abolition of the Wilderness Advisory Committee and gives the functions of the Committee to the Parks and Wilderness Council.

309—Amendment of section 12—Wilderness code of management

This clause provides for the Wilderness Code of Management to continue and be varied or substituted by the Minister, instead of by the Wilderness Advisory Committee, as may be required. The Parks and Wilderness Council will assume the functions of the Wilderness Advisory Committee in assisting the Minister with variation or substitution of the Code.

310—Amendment to section 13—Appointment of wardens

This clause updates a reference to the Petroleum and Geothermal Energy Act 2000.

311—Amendment of section 22—Constitution of wilderness protection areas and wilderness protection zones

This clause makes amendments which are consequential on the abolition of the Wilderness Advisory Committee and which give the functions of the Committee to the Parks and Wilderness Council.

312—Amendment of section 28—Control and administration of wilderness protection areas and zones

This clause amends section 28 of the Act to provide that the Minister may direct that money paid under a lease or licence be paid to the Minister in addition to the option of being paid to a Trust established under the National Parks and Wildlife Act 1972.

313—Repeal of section 30

This clause repeals section 30 of the principal Act.

314—Amendment of section 31—Plans of management

This clause makes amendments which are consequential on the abolition of the Wilderness Advisory Committee and which give the functions of the Committee to the Parks and Wilderness Council.

315—Amendment of section 33A—Co management of wilderness protection areas or zones

This clause makes amendments which are consequential on the abolition of the Wilderness Advisory Committee and which give the functions of the Committee to the Parks and Wilderness Council.

316—Amendment of section 38A—Entrance fees etc for wilderness protection areas or zones

This clause makes an amendment to section 38A of the principal Act which is consequential on the abolition of the General Reserves Trust and the vesting of the responsibility for the General Reserves Fund in the Minister (see clause 142 and clause 145).

317—Amendment of section 41—Regulations

This clause provides for the making of regulations of a saving or transitional nature under the principal Act consequent on the enactment of the Statutes Amendment (Boards and Committees—Abolition and Reform) Act 2015.

318—Transitional provision

This clause ensures that a member of the Wilderness Advisory Committee ceases to hold office on the commencement of this clause.

Debate adjourned on motion of Mr van Holst Pellekaan.