Bills

Statutes Amendment and Repeal (Simplify) Bill

Introduction and First Reading

The Hon. J.W. WEATHERILL (Cheltenham—Premier) (11:05): Obtained leave and introduced a bill for an act to amend various acts to simplify administrative and other processes or to remove obsolete or out of date matter or practices; to repeal various obsolete acts; and for other purposes. Read a first time.

Second Reading

The Hon. J.W. WEATHERILL (Cheltenham—Premier) (11:05): 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.

The Statutes Amendment and Repeal (Simplify) Bill 2016 is the centrepiece in today's Simplify Day announcement – part of the Government's program to reduce red tape and simplify regulation for businesses and consumers.

The South Australian Government is committed to making South Australia the best place to do business. We are committed to creating an environment in which our business can operate competitively in the global economy.

Over the course of this term and in our most recent Budget, the Government has delivered significant reforms in the areas of State taxation, the Return to Work Scheme, employment arrangements, planning, the delivery of public services and simplifying regulation. Today's focus is on reducing the regulatory red tape burden imposed on business.

For business and non-government organisations, time and resources are critical. The time and resources devoted to unnecessary compliance and government processes are time and money lost that could otherwise have been focused on growing the business, investing and expanding the skills in their workforce.

The Government's red tape reduction strategy is based on making our regulatory environment stable and predictable, facilitating investment and growth whilst upholding community safety and environmental standards. Just as importantly, we want to make clear what is expected of business and individuals to comply with regulation, providing certainty for everyday transactions as well as business ventures.

The Government is also committed to regulation being customer focused and to minimising costs to individuals, businesses and non-government organisations. Reducing paperwork and moving more Government services online are key elements of the announcements today, as is the relationship between business and government in the supply of public goods and services.

The reforms introduced today are a significant step in our ongoing simplification work – building upon work already underway in areas including our planning system, liquor licensing, Return to Work legislation and transport regulations.

This is part of the transformation of government to a modern, innovative sector able to respond quickly to the demands of the community and to promote commerce and innovation in the business sector.

In our first tranche of Simplify Day changes, we have four elements – legislative, regulatory, policy and future reforms that have been announced.

The Statutes Amendment and Repeal (Simplify) Bill 2016 makes a number of changes, including to the Electronic Transactions Act 2000, the Motor Vehicles Act 1959, the Survey Act 1992, the Authorised Betting Operations Act 2000 and the Second-hand Vehicles Dealer Act 1995.

The Bill contains some important reforms which I will now detail.

The Electronic Transactions Act 2000 and Motor Vehicles Act 1959 will be amended to allow the Government to issue documents by means of electronic communication. These amendments also enable the introduction, at a future time, of secure access to the provision of digital licences, permits, exemptions or other authorisations or documents such as land agents' licences. This follows a successful pilot that commenced in July 2016 which trialled a limited number of digital licences with selected customers. Further consultation is underway with businesses, associations and the public.

The requirement to affix a registration label to a heavy vehicle will be abolished. This initiative has been called for by the industry and will reduce an administrative task on business in registering heavy vehicles. It will also reduce cost to Government to print labels and the simplifying of regulation as offences associated with affixing labels to heavy vehicles will be repealed.

Body corporate conveyancers will no longer need to obtain Consumer and Business Services (CBS) approval to carry on a business in partnership, this is unnecessary red tape as partnership details are required to be listed on the public register under separate regulations of the Conveyancers Act 1994.

The need for a bookmaker to have a separate permit approved by the Liquor and Gambling Commissioner under the Authorised Betting Operations Act 2000 will be removed, this addresses the current duplicated process as proprietors also authorise the operation of bookmakers at specific venues. This is another example of removing outdated and unnecessary regulation.

Sections of the Second-Hand Vehicle Dealers Act 1995 will be amended and repealed to remove outdated laws that require a dealer to register and seek approval for their permanent business premises or temporary premises at events such as car shows. Further amendments to this Act will be made to save time and cost for individuals and the court by allowing the Commissioner for Consumer Affairs to determine applications for compensation from the Second-Hand Vehicles Compensation Fund rather than the Magistrates Court.

We will remove the need for approximately 4,000 non-active business partners to require a contractor's licence for building works and associated trades, for instances such as where the active partner is licensed to be a builder or electrician and the non-active partner does not perform the regulated work or actively manage the business. This will provide a considerable annual cost saving for those businesses.

Existing penalties for late lodgement of occupational licensing renewals will be removed and replaced with the issuance of a final notice.

The Survey Act 1992 will be amended to abolish the Survey Advisory Committee and transfer its functions under the Act to the Institution of Surveyors, South Australia Division providing for more efficient administration and removing duplication between the two bodies. This measure is a welcomed change by the Institution of Surveyors and fulfils the recommendation made in the 2014 Final Report: Boards and Committees by the Government of South Australia to abolish the Committee.

Various amendments to the Crown Land Management Act 2009 will also be made to enable efficiencies and avoid duplication in Crown land management arrangements, and to clarify the operation of certain parts of that Act.

In addition, on this day the Governor has made regulations to further support Simplify Day and this Bill. The measures of note I will briefly describe to the House.

Regulation 13(a) of the Motor Vehicles Regulations 2010 will be repealed, eliminating the requirement for inspections and reporting on brand new vehicles by a police officer or other authorised person. This change removes the duplicate collection and recording of key data and simplifies the registration process for new vehicle dealers.

The Fisheries Management (Miscellaneous Broodstock and Seedstock Fishery) Regulations 2013 will be amended to allow the collection of mussel spat by a holder of an aquaculture licence. The amendment will reduce red tape by removing need for a permit to farm mussel spat naturally occurring on aquaculture licenced sites. This will positively affect up to 36 Aquaculture Licensees authorised to farm mussels. The Fisheries Management (Prawn Fisheries) Regulations 2006 will be amended to increase clarification around the fishing season period and management arrangements for the Spencer Gulf and West Coast Prawn fisheries.

This Statutes Amendment and Repeal (Simplify) Bill 2016 proposes the repeal of eleven spent and redundant Acts, some of which have remained on the State's statute books despite fulfilling their purpose or being superseded, decades ago.

The redundant Financial Institution Duties Act 1983 and the Debits Tax Act 1994 will be repealed along with select redundant stamp duty provisions, to reflect the abolition of certain stamp duties including measures announced by the Treasurer in the 2015-2016 Budget.

Repealing the Industries Development Act 1941 will abolish the Industry Development Committee that has not met since 2005 as the role has been managed by the Parliamentary Economic Finance Committee.

The Wilpena Station Tourist Facility Act 1990 was enacted to support a developer to establish a tourist facility in the Flinders Ranges National Park. No provisions of this Act have been implemented and there is no intention to do so in the future. This national park is now subject to an Indigenous Land Use agreement which provides the necessary tourist facilities within the park.

Further, the South Australian Meat Corporation (Sale of Assets) Act 1996 and the South Australian Meat Corporation Act 1936 will both be repealed as the sale of the assets has been finalised and the Government is not likely to involve itself in the line of business of abattoirs for the foreseeable future.

The amendments, repeals and announcements of today's Simplify Day are the result of concerted and extensive engagement and collaboration with the business sector and community at large to deliver real, tangible reforms that provide an ongoing and meaningful benefit to the competitiveness of the state.

This engagement was done through the Government's YourSAy platform, through face-to-face meetings with peak industry groups and as well as encouraging written submissions from small business owners and individuals.

Over 60 responses from the public and business helped shape the reforms tabled or announced today.

Today is the first step on delivering on that process. Many other ideas and reforms will be the subject of ongoing work and partnership between business and government to continue to reach a resolution on the unnecessary regulations and burdens on business in South Australia. Today is not the end of the process, work will continue in earnest and we continue to seek more ideas for change in our discussions with business and the community.

Further, I can announce that Simplify Day will become an annual event to ensure we listen, pursue and deliver the desired regulatory and public sector reforms of the community to ensure growth in jobs and investment in South Australia.

To that end I can advise the house that the Government has already identified many issues to continue to work on and is committed to making a real difference in 2017 by the following reforms.

Changes to the work health and safety regulations will simplify and clarify the operation of existing arrangements. These changes include removing the duplication in approving a demolition where explosives are used (as this is already approved under other legislation), clarifying the circumstances in which certain air monitoring licences are required for asbestos removal and training requirements for health and safety representatives. In addition record keeping requirements in the regulations will be reviewed to make the regulations clearer and remove duplication or over burdensome requirements.

The Surveyors Board of South Australia Code of Practice for Lodgement of Boundary Identification Surveys will be adopted, recognising the industry accepted requirements of surveyors, and enhancing the community's confidence in the land title system. Adopting the Code in regulation formally recognises industry standards and supports evidentiary practice so future surveyors are aware of the outcomes of earlier surveys not registered with the Registrar-General when carrying out boundary surveys. This approach is also expected to reduce boundary disputes.

The dangerous substance and explosive laws are being reviewed to ensure that it delivers the greatest level of safety standards as well as efficiencies through reduced red tape and regulatory and administrative burden on business.

The Incorporated Association Laws will be reviewed with a view to removing unnecessary, burdensome and onerous administrative practices that do not add value in the running and control of an association. There are around 20,000 registered incorporated associations covered by the Act that include religious and educational institutions, community services and sporting groups. This review is expected to balance the removal of red tape whilst retaining appropriate protections.

It is proposed to consider removing the requirement for certain commercial property owners from needing a real estate licence. Large commercial property owners tend to rely on their experience and access to legal and other advisory services in conducting their property transactions. The removal of the requirement for such property owners to be registered as land agents would reduce costs and regulatory burden for these businesses.

Under current laws only public transport buses are able to drive or stop in a bus lane or stop at a bus stop. It is proposed to allow other buses (such as certain types of private or charter buses) to be able to use bus lanes and bus stops. This will support tourism and city vibrancy through increased and better transport network access, making it easier for people to get closer to places of interest, particularly in the metropolitan area and the CBD.

In consultation with industry it is proposed to simplify building work contractors licensing arrangements to have only two types of licence: trade or general. Under current arrangements building contractors are granted a licence having regard to their trade qualification and/or their qualifications or experience in business and management applicable to the building industry. The proposal is expected to simplify regulations for up to 27,000 builders and building trades people.

The need for building indemnity insurance in some circumstances will also be considered, in particular for non-habitable structures such as garages (not attached to a house), tennis courts, gazebos and pontoons. This would reduce costs for consumers having these structures built. To further support the building industry a draft code for the adaptive reuse of existing buildings will be available for public and industry consultation, the release of this code will enable certainty for developers and investors.

The distraint laws will also be looked into to modernise their application, clear up existing uncertainties and harmonise with other jurisdictions in light of the regulations in place relating to personal properties securities. Under certain circumstances these laws enable a landlord to remove a tenant's belongings if they are behind in rent.

A review of the Training and Development Act 2008 is underway, initial consultation has been completed with a focus on employment of apprentices and trainees and simplifying commensurate regulations and procedures. The review will aim to ensuring consistency across jurisdictions by greater national harmonisation.

We will conduct a review across relevant state legislation and regulations to streamline and update state and local government notification and gazettal requirements, including exploring the benefits of using digital sources and modern media.

Various changes are being developed as part of a package of broader transport reforms supporting service efficiencies and modernising licensing and transport network access. The types of issues being proposed include:

Allowing access to segways and other innovative mobility devices

Allowing towing of field bins used in primary production by light vehicles

Simplifying the conditional registration scheme for historic, left-hand drive and street rod vehicles

Simplify the process for allowing access to public roads for low risk events

Introducing an optional direct postal delivery for number plates and 6 monthly registration for light trailers and caravans

Improve the current process for driver instructors to become authorised to conduct heavy vehicle licence assessments

Removing duplication in the medical fitness to drive assessment processes for a drivers licence and passenger transport driver accreditation

Removing the need for inspection of a new light vehicle before registration as a passenger transport operator.

I am pleased to advise the house that the Government has committed ongoing resources to simplifying regulation and reducing red tape and the Simpler Regulation Unit within the Department of Treasury and Finance will continue to working closely with business and industry to get results. This unit will be further consulting with business and the community about further good ideas for reform.

The Statutes Amendment and Repeal (Simplify) Bill 2016 is a first significant step in removing unnecessary red tape. It is removing the regulatory and administrative burden on business and the community and improving the State's competitiveness.

I commend this Bill to the House.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

3—Amendment provisions

These clause are formal.

Part 2—Amendment of Aquaculture Act 2001

4—Amendment of section 3—Interpretation

This clause amends the definition of variation of licence condition to include a regulation making power enabling the regulations to clarify that certain matters do not constitute variations of licence conditions. In particular, it is intended to gazette regulations declaring that divisions or amalgamations of licence areas do not constitute variations of licence conditions. This will create certainty for persons administering the Act.

5—Amendment of section 12—Procedure for making policies

This clause enables the Minister to publish the advertisement relating to a draft policy and related report (in addition to publication in the Gazette) in media that the Minister considers appropriate in the circumstances, namely in a newspaper or on the Minister's website or both. This will allow for greater flexibility and a more tailored approach to the publication of such advertisements.

6—Amendment of section 25A—Variation of lease or lease conditions by or with consent of lessee

This amendment is consequential.

7—Amendment of section 52—Variation of lease or lease conditions by or with consent of lessee

This amendment is consequential.

8—Amendment of section 59—Reference of matters to EPA

This clause removes from the ambit of the category of matters that need to be referred to the EPA, licence conditions or variations of conditions of a licence that the Minister is satisfied are administrative in nature or are of a class approved by the EPA. This is intended to create efficiencies in the approval process for licences.

9—Transitional provision

This clause provides that the Act as in force before the commencement of the clause will apply to applications for licences that are part-way through the approval process on that commencement.

Part 3—Amendment of Authorised Betting Operations Act 2000

10—Substitution of sections 54 to 59

This clause deletes the current provisions relating to bookmakers' permits and replaces them with a new provision allowing bookmakers to take bets at racecourses on race days, at licensed betting shops and at places of a class declared by the Commissioner by notice in the Gazette.

11—Amendment of section 61—Prohibition of certain information as to racing or betting

12—Amendment of section 77—Review of Commissioner's decision

13—Amendment of section 89—Evidence

These clauses make consequential amendments to delete references to permits.

Part 4—Amendment of Building Work Contractors Act 1995

14—Amendment of section 6—Obligation of building work contractors to be licensed

This clause amends section 6 to provide that the Commissioner may, on application, exempt a person from compliance with the section subject to such conditions as the Commissioner thinks fit and that the Commissioner may vary or revoke such an exemption as the Commissioner thinks fit.

15—Amendment of section 11—Duration of licence and periodic fee and return etc

This clause amends section 11 to remove the additional requirement under the section to pay to the Commissioner the amount fixed by regulation as a penalty for default.

16—Amendment of section 18—Duration of registration and periodic fee and return etc

This clause amends section 18 to remove the additional requirement under the section to pay to the Commissioner the amount fixed by regulation as a penalty for default.

17—Amendment of section 45—Exemptions

This clause amends section 45 to give the Minister the power to grant exemptions in cases where the Commissioner has a power of exemption specifically conferred by the Act. Currently the Minister may not grant exemptions in such cases.

Part 5—Amendment of Conveyancers Act 1994

18—Amendment of section 8—Duration of registration and annual fee and return

This clause amends section 8 to remove the additional requirement under the section to pay to the Commissioner the amount fixed by regulation as a penalty for default.

19—Repeal of section 12

This clause repeals section 12 which prevents a company that is a registered conveyancer from carrying on business as a conveyancer in partnership with another person without the prior approval of the Commissioner.

20—Amendment of section 24—Audit of trust accounts

This clause amends section 24 to remove the additional requirement under the section to pay to the Commissioner the amount fixed by regulation as a penalty for default and also consequentially repeals subsection (7).

Part 6—Amendment of Crown Land Management Act 2009

21—Amendment of section 14—Minister's power to dispose of surplus lands of a Crown agency

This clause amends section 14 to clarify that land declared surplus by an agency does not need to be also declared surplus by the Minister under the Crown Land Management Act 2009.

22—Amendment of section 18—Dedicated land

This clause amends section 18 to make it clear that the purposes for which land may be dedicated include the management of land in accordance with a specified management plan.

23—Amendment of section 19—Revocation of dedication

This clause provides that if a Minister who is the custodian of dedicated land grants a lease in relation to the land, the Crown Lands Minister must not revoke the dedication during the term of the lease without obtaining the consent, in writing, of the Minster who is the custodian.

24—Substitution of section 21

Proposed new section 21 provides that instruments under the Division take effect on the day specified in the instrument.

25—Amendment of section 22—Lease of dedicated land

This clause makes provision in relation to the steps required for the grant of a lease of dedicated land.

26—Insertion of section 22A

This clause inserts a new section relating to the grant of a licence in respect of dedicated land.

27—Amendment of section 24—Minister may dispose of Crown land to which Division applies

Where land is being disposed of in fulfilment of a condition on surrender of a perpetual lease of the land, this clause will allow the land to be disposed of without being declared surplus.

28—Amendment of section 25—Disposal by transfer or grant of fee simple

This clause allows for certain categories of land to be disposed of without an open competitive process and for land to be disposed of for less than market value where it is disposed of in fulfilment of a condition on surrender of a perpetual lease of the land.

29—Insertion of section 37A

Proposed new section 37A sets out a process for Ministerial consent in relation to conversion of a perpetual lease to freehold.

30—Amendment of section 51—Cancellation of licences

This clause makes provision in relation to cancellation of a licence at the request of the licensee.

31—Amendment of section 52—Renewal of licence without application or on late application

This clause allows for renewal of a licence without application by the licensee.

32—Amendment of heading to Part 4 Division 2

This clause is consequential.

33—Insertion of section 56A

Proposed new section 56A makes it clear that the Minister has the power to consent to activities occurring on Crown land (not being activities that should be the subject of a lease or licence).

34—Amendment of section 59—Waterfront land cannot be leased or disposed of without public consultation

This clause replaces a requirement to publish a notice under section 59(1) in a newspaper with a requirement to publish the notice on a website and also disapplies section 59 where waterfront land is divided and the lease or disposal is only of a portion of the land that does not itself constitute waterfront land.

35—Amendment of Schedule 1—Related amendments, repeals and transitional provisions

This clause deals with the situation where land is, under the transitional arrangements, taken to be subject to a Crown condition agreement and to be dedicated land.

Part 7—Repeal of Debits Tax Act 1994

36—Repeal of Debits Tax Act 1994

This clause repeals the Debits Tax Act 1994.

Part 8—Amendment of Electronic Transactions Act 2000

37—Amendment of long title

38—Amendment of section 1—Short title

39—Amendment of section 3—Object

These clauses reflect the proposed broadening of the Act to deal not just with transactions but other forms of communications as well.

40—Amendment of section 4—Simplified outline

This clause makes amendments to ensure that the simplified outline reflects the proposed new content of the Act.

41—Amendment of section 5—Interpretation

This clause defines terms used in the proposed provisions.

42—Amendment of section 6A—Exemptions

This clause amends the exemption power to extend it to government documents specified, or of classes specified, in the regulations.

43—Amendment of heading to Part 2 Division 1

This clause reflects the proposed broadening of the Act to deal not just with transactions but other forms of communications as well.

44—Amendment of section 7—Validity of electronic transactions and government documents

This clause sets out the general rule that a government document is not invalid because it was issued by means of 1 or more electronic communications.

45—Amendment of section 8—Writing

A person who is required to be given a government document under an Act or law is taken to have consented to the document being given in electronic form if the person has provided an email address to the relevant government agency for that purpose. The general provisions in the section do not affect more specific provisions (in usage rules under Part 3 or in another law) applying to particular technologies.

46—Amendment of section 9—Signatures

A person who is required to be given a signed government document under any Act or law will be taken to have consented to the signature requirement being met by way of the use of the method mentioned in subsection (1)(a) of the section. The general provisions in the section do not affect more specific provisions (in usage rules under Part 3 or in another law) applying to particular technologies.

47—Amendment of section 10—Production of document

A person to whom a government document is required to be produced for inspection will be taken to have consented to the document being produced by means of an electronic communication. The general provisions in the section do not affect more specific provisions (in usage rules under Part 3 or in another law) applying to particular technologies.

48—Substitution of Part 3

This clause substitutes new Parts 3 and 4 into the Act as follows:

Part 3—Issue of government documents by approved information system. This Part allows for the use of approved information systems to issue government documents. Any government document may be issued via an approved information system, however, if an Act or law only allows for the issue of a government document in a physical form (either expressly or by implication) then the only way in which the document may be issued electronically is via such a system. The Minister responsible for the administration of the Electronic Transactions Act 2000 approves the approved information system and the usage rules applying to such system. A government document may be issued via an approved information system if—(a)the Minister responsible for the administration of the Act under which the government document is issued approves of its issue in such a way and(b)the person to whom the document is issued has requested or consented to the document being issued by such means. A government document that is issued by means of an approved information system may be displayed, carried, produced, surrendered, updated and otherwise dealt with in accordance with the usage rules applying to that approved information system at the time the document is displayed, carried, produced, surrendered, updated and otherwise dealt with. Regulations under the Electronic Transactions Act 2000 may provide, in relation to a government document issued under an Act, that the provisions of that Act apply with prescribed modifications in a case where the document is or is to be, issued by means of an approved information system.

Part 4—Miscellaneous. This Part allows the Minister to delegate powers or functions under the Act and provides a power to make regulations for the purposes of the Act.

Part 9—Amendment of Environment Protection Act 1993

49—Amendment of section 3—Interpretation

This clause inserts a definition of waste transport business and is consequential.

50—Amendment of section 39—Notice and submissions in respect of applications for environmental authorisations

This clause makes minor tidy-ups to section 39.

51—Amendment of section 46—Notice and submissions in respect of proposed variations of conditions

This clause makes a minor tidy-up to section 46.

52—Amendment of section 57—Criteria for decisions of Authority in relation to development authorisations

This clause removes paragraph (a) which is no longer needed and makes a minor change to paragraph (c) reflecting a more streamlined process in relation to development applications referred to the EPA.

Part 10—Amendment of Evidence Act 1929

53—Insertion of section 25A

It is proposed to insert a new section 25A into Part 2 of the principal Act that will abolish the ancient common law rule known as the oath belief rule that allows a witness in a trial to be questioned and express an opinion about whether the evidence given on oath by another witness in court is credible.

Part 11—Repeal of Financial Institutions Duty Act 1983

54—Repeal of Financial Institutions Duty Act 1983

This clause repeals the Financial Institutions Duty Act 1983.

Part 12—Amendment of Fisheries Management Act 2007

55—Amendment of section 21—Continuation of Fund

This clause amends section 21 so that the Fisheries Research and Development Fund can include voluntary payments made by the fishing industry and money in the Fund can be applied for projects relating to the management of aquatic resources and research and development relating to the fishing industry.

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

This clause amends section 44 so that the Minister can give the public notice of a proposed management plan and invite submissions on it in a manner determined by the Minister.

57—Amendment of section 56—Duration of authority and periodic fee and return etc

This clause amends section 56 to empower the Minister to cancel a licence, permit or registration if it has been suspended for more than 6 months for non-payment of an annual licence, permit or registration fee.

58—Amendment of section 72—Sale, purchase or possession of aquatic resources without authority prohibited

This clause amends section 72 so that the Minister may issue a permit authorising the possession of an aquatic resource of a protected species if the Minister is of the opinion that it is in the public interest to do so.

59—Amendment of section 74—Unauthorised trafficking in fish of priority species prohibited

This clause amends section 74 by inserting an evidentiary presumption for the purposes of proceedings for an offence against that section.

60—Amendment of section 78—Unauthorised activities relating to exotic organisms or noxious species prohibited

This clause amends section 78 to empower the Minister to issue a permit authorising the taking of an aquatic resource of a noxious species.

61—Insertion of Part 7 Division 4

Division 4—Miscellaneous

79A—Permits

Proposed section 79A provides that a permit issued by the Minister for the purposes of Part 7 of the Act is not transferable and is subject to such conditions as the Minister thinks fit. It also provides that the Minister may revoke or vary conditions or impose further conditions and makes it an offence for the holder of a permit to contravene a condition. The maximum penalty for the offence is $250,000 in the case of a body corporate and $120,000 in the case of a natural person.

62—Amendment of section 124—Confidentiality

This clause amends section 124 to permit a person currently or formerly engaged in the administration of the Act (or the repealed Act) to disclose information obtained in the course of official duties to a law enforcement, prosecution or administrative authority of any Australian jurisdiction (Commonwealth, State or Territory) where the information is required for the proper administration or enforcement of an Act or law of such a jurisdiction.

Part 13—Repeal of Gift Duty Act 1968

63—Repeal of Gift Duty Act 1968

This clause repeals the Gift Duty Act 1968.

Part 14—Amendment of Heritage Places Act 1993

64—Amendment of section 7—Proceedings of Council

This clause provides for procedural matters relating to meetings of the Council. New subsection (5a) allows for resolutions relating to prescribed urgent matters (defined as the provisional entry of a place in the Register under section 17(2)(b) or the making of an order under section 30(1)) to be valid decisions of the Council if (amongst other things), instead of being voted on at a meeting, they are agreed to in writing.

Part 15—Repeal of Industries Development Act 1941

65—Repeal of Industries Development Act 1941

This clause repeals the Industries Development Act 1941.

Part 16—Amendment of Land Agents Act 1994

66—Amendment of section 9—Duration of registration and annual fee and return

This clause amends section 9 to remove the additional requirement under the section to pay to the Commissioner the amount fixed by regulation as a penalty for default.

67—Amendment of section 22—Audit of trust accounts

This clause amends section 22 to remove the additional requirement under the section to pay to the Commissioner the amount fixed by regulation as a penalty for default and also consequentially repeals subsection (7).

Part 17—Amendment of Local Nuisance and Litter Control Act 2016

68—Amendment of section 50—Evidentiary provisions

This clause will enable authorised officers to determine the presence of local nuisance based on their senses, in relation to all of the matters specified in section 17 rather than just those under section 17(1)(a).

69—Amendment of section 51—Regulations

This clause relocates a couple of paragraphs in section 51 and adds a minor regulation making power to enable the regulations to provide for evidentiary matters for breaches of the Act or the regulations.

Part 18—Amendment of Major Events Act 2013

70—Amendment of section 4—Interpretation

Currently, a major event must be declared by regulation under the principal Act. The proposed amendments will provide for an option to have a major event declared by a Ministerial notice published in the Gazette. The proposed amendments to the various definitions in section 4 reflect this proposed change. In particular, a declaration of a major event is defined to mean a declaration under Part 2 of the principal Act that is made by the Minister by notice in the Gazette under proposed section 6B or made by the Governor by regulation under section 7.

71—Substitution of section 5

The proposed new section 5 is consequential on the proposal to enable the declaration of a major event to be by regulation or by Ministerial notice.

72—Substitution of heading to Part 2

This amendment is consequential.

73—Insertion of sections 6A and 6B

It is proposed to insert 2 new sections at the beginning of Part 2 of the principal Act.

6A—Declaration of major events

New section 6A makes it clear that a declaration of a major event for the purposes of the principal Act may be made—

by the Minister by notice in the Gazette under section 6B; or

by the Governor by regulation under section 7.

6B—Declaration of major event by Minister

New section 6B provides that the Minister may, by notice in the Gazette—

declare an event to be a major event for the purposes of the principal Act; and

specify the major event period for the event; and

declare a major event venue for the purposes of the event; and

designate a person as the event organiser for the event; and

declare that specified roads will be closed to traffic for a specified period—

(i) for the purposes of the event; and

(ii) for the purposes of maintaining good order, or preventing interference with events or activities conducted, at the major event venue; and

declare that Part 3, or a provision of Part 3, of the principal Act applies to any (or all) of the following:

(i) the event;

(ii) the major event venue for the event;

(iii) a specified controlled area for the event; and

declare an area described, or shown on a map, in the notice to be a controlled area for the event; and

declare an article of a prescribed class to be a prescribed article in relation to the event; and

declare a prescribed period to be a sales control period in relation to the event; and

declare airspace that is within unaided sight of a major event venue for the event to be advertising controlled airspace for the period specified in the notice for the purposes of this paragraph; and

make any other declaration in relation to the event as is contemplated by, or necessary or expedient for the purposes of, the principal Act.

The section also sets out other matters pertaining to such a declaration.

74—Amendment of section 7—Declaration of major event by regulation

The majority of the proposed amendments to section 7 are consequential on or relate to the proposal relating to declaration of major events by Ministerial notice. In addition, it is proposed to enable the controlled area for a major event to be declared either by describing the area or by showing the area on a map to be included in the relevant regulations.

75—Insertion of section 28

As a result of the changes proposed by this Part of the measure, a general regulation making power is now needed to be included in the principal Act. New section 28 will make such provision.

Part 19—Amendment of Motor Vehicles Act 1959

76—Amendment of section 5—Interpretation

This clause amends section 5 to remove the definition of voluntary alcohol interlock scheme conditions which is redundant. It also amends the section to enable a licence, permit, exemption or other authorisation or document issued under the Act to be issued either in physical or electronic form or in both forms, and applies the provisions of Part 3 of the Electronic Transactions Act 2000 to the issue of such authorisations and documents in electronic form.

77—Amendment of section 9—Duty to register

Section 9 makes it an offence to drive an unregistered motor vehicle on a road or cause an unregistered motor vehicle to stand on a road. Where the registration of a heavy vehicle was suspended and the defendant was not the registered owner or operator of the vehicle, it is a defence for the defendant to prove that a registration label was affixed to the vehicle indicating that the vehicle was registered and the defendant did not know, and could not reasonably be expected to have known, that the registration of the vehicle was suspended. This clause removes this defence. This amendment is consequential on the repeal of Part 2 Division 9 of the Act.

78—Amendment of section 16—Permits to drive vehicles without registration

This clause amends section 16 to remove references to registration labels.

79—Repeal of Part 2 Division 9

This clause repeals Division 9 of Part 2 which deals with registration labels and includes the provisions which require the Registrar to issue registration labels for heavy vehicles.

80—Amendment of heading

This clause amends the heading to Division 12 of Part 2 to remove a reference to registration labels.

81—Amendment of section 71A—Property in plates and documents

This clause amends section 71A to remove a reference to registration labels.

82—Amendment of section 71B—Replacement of plates and documents

This clause amends section 71B to remove references to registration labels.

83—Amendment of section 75AA—Only 1 licence to be held at any time

This clause amends section 75AA so that the requirement to surrender a licence or learner's permit applies only if the licence or permit is held in a physical form. It also ensures that the Registrar can issue a licence or learner's permit in electronic form to a person who holds a licence or permit in a physical form and vice versa and that a person can hold a licence or permit in both forms.

84—Amendment of section 102—Duty to insure against third party risks

Section 102 makes it an offence to drive an uninsured motor vehicle on a road or cause an uninsured motor vehicle to stand on a road. The amendments made by this clause are consequential on the repeal of Part 2 Division 9 of the Act. They ensure that the defences that currently apply only in relation to light motor vehicles will apply also in the case where heavy vehicles are involved.

85—Amendment of section 138B—Effect of dishonoured cheques etc on transactions under the Act

This clause amends section 138B to remove references to registration labels.

86—Amendment of section 141—Evidence by certificate etc

This clause amends section 141 to remove references to registration labels.

87—Amendment of section 142—Facilitation of proof

This clause amends section 142 to remove references to registration labels.

88—Amendment of section 145—Regulations

This clause amends section 145 to remove a reference to registration labels

89—Repeal of Schedule 6

This clause repeals Schedule 6. The voluntary alcohol interlock scheme is no longer in operation.

90—Transitional provisions

This clause provides that a registration label issued under the Act in relation to a heavy vehicle is not, after the repeal of Part 2 Division 9 of the Act, taken to be a registration label for the purposes of the Act.

Part 20—Repeal of Mount Gambier Hospital Hydrotherapy Pool Fund Act 2009

91—Repeal of Mount Gambier Hospital Hydrotherapy Pool Fund Act 2009

This clause repeals the Mount Gambier Hospital Hydrotherapy Pool Fund Act 2009.

Part 21—Repeal of Naracoorte Town Square Act 2005

92—Repeal of Naracoorte Town Square Act 2005

This clause repeals the Naracoorte Town Square Act 2005.

Part 22—Amendment of National Parks and Wildlife Act 1972

93—Amendment of section 34A—Constitution of regional reserves by proclamation

This clause deletes the requirement for a report on each regional reserve to be prepared under section 34A(5).

Part 23—Amendment of Natural Gas Authority Act 1967

94—Repeal of section 22

This is consequential to the repeal of the Industries Development Act 1941.

Part 24—Amendment of Plant Health Act 2009

95—Amendment of section 21—Periodic fees and returns

96—Amendment of section 29—Periodic fees and returns

The proposed amendments to sections 21 and 29 of the principal Act will mean that, instead of relying on the regulations to prescribe the date before which a relevant person must pay a fee and lodge a return under the Act, the relevant date for paying a fee and lodging a return in each year will be on or before the first day of the month following the anniversary of the date on which the person was granted accreditation or registration.

Part 25—Amendment of Plumbers, Gas Fitters and Electricians Act 1995

97—Amendment of section 6—Obligation of contractors to be licensed

This clause amends section 6 to provide that the Commissioner may, on application, exempt a person from compliance with the section subject to such conditions as the Commissioner thinks fit and that the Commissioner may vary or revoke such an exemption as the Commissioner thinks fit.

98—Amendment of section 11—Duration of licence and periodic fee and return etc

This clause amends section 11 to remove the additional requirement under the section to pay to the Commissioner the amount fixed by regulation as a penalty for default.

99—Amendment of section 18—Duration of registration and periodic fee and return etc

This clause amends section 18 to remove the additional requirement under the section to pay to the Commissioner the amount fixed by regulation as a penalty for default.

Part 26—Amendment of Public Corporations Act 1993

100—Amendment of section 38B—Exclusion of operation of Commonwealth industrial relations legislation in specified cases

This proposed amendment updates an obsolete reference.

Part 27—Amendment of Rail Commissioner Act 2009

101—Insertion of section 16A

It is proposed to insert new section 16A in the Miscellaneous provisions of the principal Act.

16A—Standing approvals etc

New section 16A provides that if a provision of the principal Act confers a power on the Commissioner the exercise of which requires the approval or consent of the Minister, the Minister may, if the Minister thinks fit, give a standing approval or consent, subject to such conditions (if any) as the Minister thinks fit to impose, to cover the exercise of that power from time to time.

Part 28—Amendment of Road Traffic Act 1961

102—Repeal of section 83A

This clause repeals the current restriction in the Act on the sale of goods on roads.

Part 29—Amendment of Rural Advances Guarantee Act 1963

103—Amendment of section 2—Interpretation

104—Amendment of section 3—Treasurer may guarantee repayment of loan

105—Repeal of section 5

106—Amendment of section 7—Treasurer may agree to deferment of interest or principal

These clauses are consequential to the repeal of the Industries Development Act 1941.

Part 30—Amendment of Second-hand Vehicle Dealers Act 1995

107—Amendment of section 3—Interpretation

This clause amends section 3 to insert a definition of notified premises and remove the definition of registered premises.

108—Amendment of section 11—Duration of licence and annual fee and return

This clause amends section 11 so that the Commissioner cannot require a dealer in default in payment of an annual fee to pay an additional amount as a penalty for default.

109—Substitution of Part 2 Division 2

This clause substitutes Division 2 of Part 2 which currently contains provisions requiring the registration of premises used for the business of a second-hand vehicle dealer.

Division 2—Notification of dealer's business premises

14—Notification of business premises

This section requires a licensed dealer to give the Commissioner notice before commencing to carry on business as a dealer at any premises. A dealer must also, within 14 days of ceasing to carry on business as a dealer at premises notified to the Commissioner, give the Commissioner notice of that fact. The maximum penalty for failing to comply with the notification requirements is $5,000 and the expiation fee is $315. However, a dealer is not required to give notice in relation to business carried on at a motor show or other event at which motor vehicles are exhibited for not more than 7 days, provided the dealer carries on business at other premises in relation to which the dealer has given notice to the Commissioner.

110—Amendment of section 17—Form of contract

111—Amendment of section 24—Enforcement of duty to repair

112—Amendment of section 27—Cause for disciplinary action

113—Amendment of section 31—Disciplinary action

114—Amendment of section 39—Register of dealers

115—Amendment of section 50—Evidence

The amendments made to sections 17, 24, 27, 31, 39 and 50 are consequential on the removal of the requirement to register premises used to carry on business as a dealer. These amendments remove references and provisions relating to registered premises.

116—Amendment of Schedule 3—Second-hand Vehicles Compensation Fund

This clause amends Schedule 3 so that claims for compensation from the Second-hand Vehicles Compensation Fund are made to the Commissioner rather than to the Magistrates Court. The amendments delete clauses 2 and 2A of Schedule 3 and substitute a new clause 2 which omits redundant transitional provisions and simplifies the process for the making of claims.

117—Transitional provision

This clause is a transitional provision that ensures that dealers whose premises are registered under the Act immediately before the amendments to the Act made by this measure come into operation are not required to give the Commissioner notice of those premises.

Part 31—Amendment of Security and Investigation Industry Act 1995

118—Amendment of section 7C—Annual fee and return

This clause amends section 7C to remove the additional requirement under the section to pay to the Commissioner the amount fixed by regulation as a penalty for default.

119—Amendment of section 11A—Power of Commissioner to require photograph and information

This clause amends section 11A to remove the additional requirement under the section to pay to the Commissioner the amount fixed by regulation as a penalty for default.

120—Amendment of section 23AAA—Entitlement to provide security industry training

This clause amends section 23AAA to remove the additional requirement under the section to pay to the Commissioner the amount fixed by regulation as a penalty for default.

121—Amendment of section 23S—Security agents, security industry trainers or directors may be required to provide fingerprints

This clause amends section 23S to remove the additional requirement under the section to pay to the Commissioner the amount fixed by regulation as a penalty for default.

122—Amendment of section 23T—Security agent authorised to control crowds may be required to take part in psychological assessment or to undertake training

This clause amends section 23T to remove the additional requirement under the section to pay to the Commissioner the amount fixed by regulation as a penalty for default.

Part 32—Repeal of Software Centre Inquiry (Powers and Immunities) Act 2001

123—Repeal of Software Centre Inquiry (Powers and Immunities) Act 2001

This clause repeals the Software Centre Inquiry (Powers and Immunities) Act 2001.

Part 33—Repeal of South Australian Meat Corporation (Sale of Assets) Act 1996

124—Repeal of South Australian Meat Corporation (Sale of Assets) Act 1996

This clause repeals the South Australian Meat Corporation (Sale of Assets) Act 1996.

Part 34—Repeal of South Australian Meat Corporation Act 1936

125—Repeal of South Australian Meat Corporation Act 1936

This clause repeals the South Australian Meat Corporation Act 1936.

Part 35—Amendment of Stamp Duties Act 1923

126—Amendment of section 2—Interpretation

This clause removes an obsolete definition and updates an outdated reference.

127—Repeal of section 3C

Section 3C is no longer required and is removed by this clause.

128—Amendment of section 31—Certain contracts to be chargeable as conveyances on sale

This clause removes redundant references to financial products.

129—Repeal of Part 3 Division 2

Division 2 of Part 3, which deals with duty in relation to rental business, is repealed by this clause as rental business has not been liable to duty since 2009.

130—Amendment of section 67—Computation of duty where instruments are interrelated

This clause removes redundant references to conveyances of certain chattels and conveyances of financial products.

131—Amendment of section 71—Instruments chargeable as conveyances

This clause removes redundant references to financial products.

132—Repeal of section 71C

Section 71C is repealed. The section, which provided for concessional rates of duty in relation to certain conveyances, has not applied for a number of years.

133—Repeal of Part 3 Division 7

Provisions of the Act providing for the payment of gaming machine surcharge are repealed by this clause as the surcharge was abolished in 2015.

134—Repeal of Part 3 Division 10

Division 10 of Part 3, which deals with duty in relation to mortgages, is repealed by this clause as mortgage duty has been abolished.

135—Repeal of Part 3A

Part 3A includes special provisions relating to financial products. The Part is repealed by this clause because duty is no longer payable in relation to financial products.

136—Repeal of Part 4A Divisions 1 and 2

Divisions 1 and 2 of Part 4A abolish duty on rental business and mortgages. These Divisions are no longer required because relevant provisions of the Act imposing duty in relation to rental business and mortgages are to be repealed. These Divisions are therefore also to be repealed.

137—Amendment of section 104B—Application of Division

This clause removes a redundant reference to financial products.

138—Repeal of Part 4A Divisions 4 and 5

Divisions 4 and 5 of Part 4A abolish gaming machine surcharge and duty relating to financial products. These Divisions are no longer required because relevant provisions of the Act imposing the surcharge and providing for duty in relation to financial products are to be repealed. These Divisions are therefore also to be repealed.

139—Amendment of Schedule 2—Stamp duties and exemptions

This clause makes a number of amendments to Schedule 2, which specifies the rates of duty payable in respect of various instruments and sets out a number of exemptions. References to mortgages and conveyances of financial products are removed as these are no longer dutiable items.

140—Transitional provisions

This provision makes it clear that the amendments made to the Stamp Duties Act 1923 do not affect liability to duty that existed under the Act immediately before the amendments commence.

Part 36—Amendment of Survey Act 1992

141—Amendment of section 4—Interpretation

This clause deletes the definition of the Survey Advisory Committee.

142—Repeal of Part 2 Division 2

This clause deletes the provisions relating to the Survey Advisory Committee.

143—Amendment of section 10—Functions of Institution of Surveyors under Act

This clause transfers functions formerly exercised by the Survey Advisory Committee to the Institution of Surveyors.

144—Amendment of section 43—Survey instructions

This clause is consequential.

Part 37—Repeal of Wilpena Station Tourist Facility Act 1990

145—Repeal of Wilpena Station Tourist Facility Act 1990

This clause repeals the Wilpena Station Tourist Facility Act 1990.

Part 38—Repeal of Year 2000 Information Disclosure Act 1999

146—Repeal of Year 2000 Information Disclosure Act 1999

This clause repeals the Year 2000 Information Disclosure Act 1999.

Debate adjourned on motion of Ms Chapman.