Bills

Statutes Amendment and Repeal (Simplify No 2) Bill

Introduction and First Reading

The Hon. J.W. WEATHERILL (Cheltenham—Premier) (15:49): 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a bill for an act to amend various acts to simplify administrative and other processes or to remove obsolete or out-of-date matter or practices; to repeal various obsolete acts; and for other purposes.

Second Reading

The Hon. J.W. WEATHERILL (Cheltenham—Premier) (15:50): I move:

That this bill be now read a second time.

I seek leave to insert the second reading explanation into Hansard without reading it.

The Statutes Amendment and Repeal (Simplify No 2) Bill 2017 is the key feature of the Government's Simplify Day program to reduce red tape and simplify regulation for businesses and consumers.

This occasion marks the second simplify bill following the passage of the first bill in March this year, which implemented a broad range of important legislative changes and initiatives to reduce the regulatory burden in South Australia.

The State Government is committed to making South Australia the best place to do business. We are committed to creating an environment in which our businesses 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, transport, planning and the delivery of public services.

Since Simplify Day 2016, the government has also delivered on a broad range of regulatory and business process reforms on procurement, worker health and safety and screening processes for employees and volunteers. Today's focus is on further reducing the regulatory red tape burden imposed on business.

The government's red tape reduction strategy is all about supporting businesses by putting into place efficient processes. This approach supports innovation in how government regulates and interacts with business to the greatest extent possible. Simplify Day represents a process of continual regulatory review—to ensure that our regulatory frameworks remain effective and relevant to the South Australian community.

Regulatory barriers can also hinder competition and prevent small businesses from starting up. Inefficient regulation costs more than just time and money—it makes the economy less responsive to economic trends and global market forces.

Simplify Day also supports the government being able to respond more quickly to the demands of the community and to promote commerce and innovation in the business sector.

In our second round of Simplify Day changes, there are four elements—1) legislative changes being introduced today; 2) regulatory changes made this week; 3) current reforms being delivered by the government as we speak; and 4) reforms to be delivered in the future.

The Statutes Amendment and Repeal (Simplify No 2) Bill 2017 makes a number of changes, including to the Motor Vehicles Act 1959, the Irrigation Act 2009, the Stamp Duties Act 1923 and the State Procurement Act 2004. 29 Acts are also being amended to allow a website to be used for communicating public notices.

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

A feature of the Bill is the various amendments to the Motor Vehicles Act 1959. Pleasingly transport reforms have been a feature of both the inaugural Simplify Day and Simplify Day 2017. The package of initiatives reflect an ongoing commitment to supporting passenger transport, motor vehicle and goods transport improvements to support the local economy.

The transport reforms in this Bill include:

Enabling automatic progression of a motor bike license after a period of 12 months, that is, removing the need for clients to attend a Service SA centre to have engine capacity restrictions removed from a motorcycle licence after completing 12 months on a restricted motorcycle licence,

Offering an additional option for vehicle owners to register their light vehicle trailers, including boat trailers and caravans, for 6 month periods. This is delivering on the commitment made as part of Simplify Day 2016.

Providing more flexibility in the accepted means of verifying a learner's test that has been passed online. This means that an applicant for a learner's permit will not be required to produce a certificate. We will also allow testing to be conducted by more delegated government employees, this will expand services, add to flexibility and create efficiencies.

Amending the Act so that vehicle owners, once the registration has expired, can destroy the plates, surrender them voluntarily to DPTI or keep them in a safe place, not on the vehicle. This will provide cost savings for the department associated with postage and administration and save a person's time by not having to attend Service SA.

Allowing government departments the ability to use photographs taken for driver's licences to be used for other government issued licenses. This will provide for costs savings to business and households and to agencies in having to get photographs taken and submit them to multiple government departments.

We will amend the Road Traffic Act 1961 to allow low-risk public events to occur without the need for closing off public roads. In addition to this legislative change DPTI has implemented other policy changes which include reducing the duplication in the medical fitness to drive assessments; streamlining the multiple forms and processes so that the assessment of fitness to drive can occur without motorists going through multiple hoops. In addition, before registering as a passenger transport operator, new unmodified light vehicles –other than buses or taxis, will be able to apply for an exemption from inspection for use as a passenger transport vehicle. A valuable time saver for business.

The Irrigation Act 2009 will be amended to facilitate new investment in South Australia's irrigated agriculture sector, by enabling irrigation trusts to adopt more efficient and fit-for-purpose business models. This is an industry driven proposal responding to market barriers under the existing legislative scheme that will positively impact on irrigators' water supply and business productivity.

The Stamp Duties Act 1923 will amended so that stamp duty will not apply to a family farm transfer transaction that involves family members. Stamp duty is an impediment to family farm transfers in a company structure, As such this requirement will be abolished, subject to standard conditions regarding family farm transfers being met. This issue was raised by a constituent with the Minister for Regional Development.

The State Procurement Act 2004 will be amended to make for greater consistency across both procurements of goods and services and grants to the not-for-profit sector and to make the process for grant applications for not-for-profit businesses more efficient. This will reduce red tape by aligning as much as possible the different government policies for procurement, grant application and approvals. The Government has been working with the not-for-profit sector to implement the South Australian Not-for-profit Funding Rules and Guidelines. This work has identified a lack of clarity relating to the definition of procurement and grant.

The current definition of procurement operation in the State Procurement Act is very broad and can capture Government payments which would ordinarily be considered a grant.

The proposed amendment seeks to clarify the definition of procurement operation and provide a mechanism so that the Government can work with the not-for-profit sector to agree on a clear definition of a grant that will be specifically excluded from the procurement framework. The treatment of grants are set out in the Treasurer's Instructions established under the Public Finance and Audit Act 1987.

The Fisheries Management Act 2007 will be amended to give courts clear discretion to reduce the number of demerit points where a person is found guilty of multiple offences from a single court action that together would result in disqualification from holding a fisheries license. The amendments will also ensure that fees may be collected for more than 1 year at a time saving business time and costs in renewing their fisheries licenses.

The Bill includes amendments to 29 Acts to create flexibility and include an option to publish notices online but these amendments do not remove publishing in print where it is considered the best approach. These changes follow a review into public notifications and community notices, which was announced as part of the inaugural Simplify Day.

The public notices reform is in line with the government's 'Digital by Default' objectives and aims to decrease the cost associated with public notices advertisement and the time taken to publish those notices. Where it is considered the best option, publication of notices in newspapers will continue to play an important role, particularly in rural and remote communities where internet access is not always available. There are also amendments to five regulations associated with changes to public notices.

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

We will implement the following changes to the Second-hand Vehicle Dealers industry:

Exemption for dealers from contributing to the Second-hand Vehicles Compensation Fund where that dealer has contributed to the Fund for other registered premises in the same financial year.

Reduction in the prescribed amount for contribution from the fund from $350 to $200 for motor vehicle dealers and from $100 to $60 for motor cycle dealers.

Reintroduction of the dealer handling fee. This fee relates to the costs associated with the dealer organising transfer of registration of a vehicle. A maximum fee of $385 will be set in cases where roadworthy certification is required and a maximum of $100 in all other cases. These changes have been supported by the Motor Trade Association.

There will be changes to the land agents regulations to remove 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. This amendment was announced as part of Simplify Day 2016 and is expected to reduce costs for businesses.

Changes to motor vehicles regulations will enable 3 monthly and 12 monthly direct debit for vehicle registration and the release of the name of the Compulsory Third Party insurance provider on EzyReg to simplify the insurance claims process.

The aquaculture regulations will be amended so that tuna farmers' applications for new lease area, within a tuna zone, can be exempt to be assessed by the Aquaculture Tenure Allocation Board. This assessment looks at whether the applicant's proposed operation will be viable, which is superfluous for existing tuna farmers who have been in the industry for many years. This change is possible because the pool of people or companies able to undertake tuna farming is very limited as they must hold tuna quota. This change will save the tuna industry 2 to 3 months for each application.

Fisheries Regulations will also be amended to allow for the transfer of pipi licenses from fishers to companies. This amendment is a fantastic opportunity for Aboriginal communities to enter the fishery through formation of a company. It also provides greater flexibility for licence holders who fish pipi and will contribute to ensuring the sustainability of the Lakes and Coorong Fishery.

There will also be multiple amendments to fisheries regulations to provide flexibility for the communication of information from fishers to fishery regulators either in writing or by electronic means and commits the government to publish the collected information at an industry level on a government website.

This Statutes Amendment and Repeal (Simplify No 2) Bill 2017 proposes the repeal of 11 spent and redundant Acts; these will be removed from the State's statute books as they have fulfilled their purpose or are no longer required. The number of repealed Acts was also 11 in last year's Simplify Day – of course this applied to different Acts that are no longer required.

Two similar acts, the Bank Merger (National/BNZ) Act 1997 and the Westpac/Challenge Act 1996 will both be repealed. These two Acts enabled the transfer of assets and liabilities to new banking structures and as such have served their purpose.

The Water Resources Act 1997, which had previously been partially repealed, no longer has any of the remaining powers assigned to it, as they now lie within the framework of Natural Resource Management legislation.

Two rather antiquated pieces of legislation will also be repealed, the Statistics Act 1935 and the Redundant Officers Fund Act 1936.

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 beneficial reforms that improve the competitiveness of the State.

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

Today is the one part of the Simplify Day initiative. Many other ideas and reforms will be the subject of future work and partnership between business and government to continue to reach a resolution on the unnecessary regulations and burdens on business in South Australia. We will continue to seek more ideas for change in our discussions with business and the community.

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 delivering the following future reforms.

Over the last few years the Industry Advocate has received significant feedback from businesses indicating they are overwhelmed with the amount of information required during tendering and quoting processes requiring businesses to complete a template for each Department. To address this, the Industry Advocate will work with the Chief Procurement Officer to investigate whether the concept of a single Business Identifier Number for businesses interested in working with government is feasible, including costs and benefits, and what type of structure and system would need to be deployed to make such a strategy become a reality, A critical consideration for what is proposed by the Industry Advocate will be that any such system would need to be able to integrate with existing systems being used by State government agencies and be scalable if proven successful following the application of a pilot project,

Reforms to the State's planning system will support the ongoing planning needs of business and the community. To date, the implementation process has consisted of a considerable consultation process on the application of the planning act through the design code.

The design code is currently in very early stages of development and when prepared, will be required to undergo detailed community consultation. That is the point at which any changes to the current definitions for development will be considered. This will address issues raised in the Simplify Day consultation process such as rural structures, planning applications supporting agricultural businesses and CBD development.

We will look at easing the planning burden for business seeking Development Approval for things such as permanent orchard netting over fruit trees, murals in the Adelaide City Council area and simple rural developments via amendments to the Development Regulations 2008 or via other means. This will be done through conversations with Local Government and the community and complement reforms to the State's planning system.

We will establish a State and Local Government Red Tape Taskforce with representation from local councils, relevant government departments, as well as the Local Government Association with the aim of reducing red tape that affects prevents economic development and growth of small business. The taskforce will identify and remove duplication and overlap between State and Local Government regulations as well as consider, prioritise and deliver on red tape ideas put forward as part of the Simplify Day public and industry engagement. The taskforce will be established under the governance of my State/Local Government Forum.

The State's tourism sector is a significant contributor to the South Australian economy and it is vital to jobs and incomes in regional South Australia. Consultation undertaken for Simplify Day raised issues in the tourism sector, for example some regional caravan parks operators that have had difficulty raising finance and gaining approvals to progress development applications. In the context of these issues, the government will ensure an approach that supports high quality regional tourism developments so they can be approved in a timely and efficient manner.

We will consult with a number of tourism operators such as caravan parks, bed and breakfast operators and tourism experience providers to gain a detailed understanding of the administration hurdles they encounter with tourism development – such as development, planning and environmental approvals and ongoing compliance to regulations. We are currently implementing a major planning system reform and will ensure that the implementation of the reformed system supports tourism operators and investment in regional tourism development. In addition, the South Australia's Nature Based Tourism Strategy is committed to removing red tape to remove barriers to investment to help support existing and create new nature based tourism experiences.

We will investigate opportunities to ensure that state and territory payroll tax definitions are as consistent across Australia as possible. This would include reviewing relevant legislation and administration practices to identify opportunities to achieve greater consistency, less complexity and better compliance.

A longer term reform program will be undertaken to reducing red tape and removing outdated regulatory burden in key industry sectors.

This approach will involve Government working collaboratively with industry and business to process map the regulatory journey and reduce unnecessary barriers in key areas. One particular focus area will be small scale artisan food and drink producers, allowing the economic opportunities for 'paddock to plate' businesses to flourish by allowing small businesses a whole supply chain approach to their production, and enhance employment opportunities across the State, while maintaining our standards.

To complement work being done to the Long Service Leave Regulations 2002, SafeWork SA will implement a range of tools to assist to assist employers and workers to better understand and comply with their long service leave obligations. These tools will include guidance material on South Australia's long service leave laws, as well as an online calculator to determine a worker's long service leave entitlement and online forms to assist employers to comply with their record keeping requirements.

SafeWork SA is also developing simple, easy to understand information which will be promoted to small business outlining the requirements when it comes to inspection and testing of electrical plant. This will help small businesses increase their understanding of the changed requirements and about their obligations regarding inspection and testing of electrical plant.

The changes announced today continue the Government's regulatory reform agenda. Simplify Day is a commitment to continuously looking for ways to reduce the red tape burden on business in the State and to improving government processes to support the economy and services to the community.

The Statutes Amendment and Repeal (Simplify No 2) Bill 2017 is another important 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

This clause is formal.

2—Commencement

This clause provides that, other than those provisions of the measure in respect of which it is specifically provided will commence on a date or on proclamation, the measure will commence on receiving the Governor's assent.

3—Amendment provisions

This clause is formal.

Part 2—Amendment of Aerodrome Fees Act 1998

4—Amendment of section 6—Aerodrome operator may fix fees for arrivals, departures etc

The proposed amendment provides that if an aerodrome operator fixes fees, a notice setting out the fees must be published by the operator in the Gazette. The notice can also be published on the operator's website, or in a periodical publication prescribed for the purpose, or in a daily newspaper circulating in the State.

Part 3—Amendment of Agricultural and Veterinary Products (Control of Use) Act 2002

5—Amendment of section 20—Manner of making order

The proposed amendment provides that as soon as practicable after a trade protection order addressed as referred to in section 20(1)(b) is made, a notice setting out the date on which the notice is published, the terms of the order and the persons to be bound by the order, must be published by the Minister in a manner and form that, in the opinion of the Minister, will be most likely to bring the order to the attention of the persons bound by it.

Part 4—Amendment of Air Transport (Route Licensing—Passenger Services) Act 2002

6—Amendment of section 5—Declared routes

This proposed amendment provides that the Minister must ensure that a copy of the relevant notice relating to a declaration under section 5 is published—

on a website determined by the Minister; or

in a newspaper circulating generally in the State; or

in a newspaper circulating generally in Australia.

Part 5—Amendment of Aquaculture Act 2001

7—Amendment of section 28—Granting of corresponding licence for pilot lease

8—Amendment of section 35—Granting of production leases and corresponding licences in public call areas

9—Amendment of section 36—Granting of production leases and corresponding licences if public call not required

10—Amendment of section 39A—Granting of research leases and corresponding licences

11—Amendment of section 50—Grant of licences other than corresponding licences

The proposed amendments provide for an alternative to current requirements for publishing various notices or publicising other information under the principal Act by means of publishing on a website determined by the Minister.

Part 6—Amendment of Associations Incorporation Act 1985

12—Amendment of section 43A—Application for deregistration

This proposed amendment would allow the Commission to publish a notice of an application under section 43A in a manner and form determined by the Commission to be most appropriate in the circumstances.

13—Amendment of section 44—Defunct associations

This amendment would allow the Commission, by notice published in a manner and form determined by the Commission to be most appropriate in the circumstances, to give notice requiring an association to show good cause why it should not be dissolved.

Part 7—Amendment of AustralAsia Railway (Third Party Access) Act 1999

14—Amendment of Schedule—AustralAsia Railway (Third Party Access) Code

The regulator must undertake public consultation when the regulator is undertaking a review or considering adopting a guideline. The amendment would provide the regulator with the option of publishing on a website or in a newspaper a notice about the matter on which consultation is to occur.

Part 8—Repeal of Bank Merger (National/BNZ) Act 1997

15—Repeal of Bank Merger (National/BNZ) Act 1997

This Act is to be repealed.

Part 9—Repeal of Corporal Punishment Abolition Act 1971

16—Repeal of Corporal Punishment Abolition Act 1971

This Act is to be repealed.

Part 10—Amendment of Correctional Services Act 1982

17—Amendment of section 81E—Notice to victims to be published

This proposed amendment requires the CE to publish in the Gazette a notice notifying victims. The CE may also publish the notice in other ways, including on a website determined by the CE.

Part 11—Amendment of Crown Land Management Act 2009

18—Insertion of section 18A

This clause inserts a new provision requiring the consent of the Minister responsible for the administration of the Crown Land Management Act 2009 before a council resolves to exclude dedicated land from classification as community land in the circumstances described in section 193(4)(a) of the Local Government Act 1999.

Part 12—Amendment of Dog Fence Act 1946

19—Substitution of section 35A

35A—Establishment of local dog fence boards

New section 35A provides for the Minister, on the recommendation of the board, by notice in the Gazette, to establish a local dog fence board constituted of the persons specified in the notice for the area inside a dog fence specified in the notice, with the powers and duties specified in the notice.

20—Substitution of section 35C

35C—Variation and abolition of local boards

New section 35C allows the Minister, on the recommendation of the board, by further notice in the Gazette—

to amend or vary a notice under section 35A; or

to abolish a local board and make provision for incidental matters.

Part 13—Amendment of Emergency Services Funding Act 1998

21—Amendment of section 20—Sale of land for non-payment of levy

The proposed amendment gives the Commissioner the option to advertise notice of an auction on a website determined by the Commissioner.

Part 14—Amendment of Environment Protection Act 1993

22—Amendment of section 28—Normal procedure for making policies

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

The amendments proposed would provide for the option of publishing notices on a website or in a newspaper.

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

This amendment would provide the option to cause public notice of a proposed variation to be published in a manner and form determined by the Authority to be most appropriate in the circumstances.

Part 15—Amendment of Explosives Act 1936

25—Amendment of section 25—Power to sell explosives

The amendment would allow a call for public tender under the section to be published on a website determined by the Director or in a newspaper.

Part 16—Amendment of Fire and Emergency Services Act 2005

26—Amendment of section 78—Fire danger season

The amendment would allow the Chief Officer's order fixing a fire danger season to be published in the Gazette and also on a website, in a State-wide newspaper or in a local newspaper.

27—Amendment of section 105F—Private land

A notice to take specific action may be published on a website or in a local newspaper if the responsible person cannot be served personally or by post.

Part 17—Amendment of Fisheries Management Act 2007

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

The amendment would allow the Minister to publish notice of the intention to prepare a management plan on a website or in a newspaper.

29—Amendment of section 54—Application for licence, permit or registration

30—Amendment of section 57—Transfer of licence or permit

31—Amendment of section 64—Applications for registration

The amendments proposed to each of these sections remove the necessity for applications to be signed or are consequential on the amendments proposed to section 127 of the principal Act.

32—Amendment of section 68—Issue of duplicate authority

This amendment is consequential on the amendments proposed to section 127 of the principal Act.

33—Amendment of section 104—Demerit points for certain offences

This proposed amendment provides a court with guidance in deciding whether to reduce the number of demerit points incurred by a person on being found guilty or expiating an offence.

34—Amendment of section 116—Registers

This is consequential.

35—Amendment of section 127—General

This proposed amendment makes it clear that the regulations may—

prescribe fees for the purposes of the principal Act and regulate the payment, refund, waiver or reduction of such fees; and

prescribe various methods for the calculation of various fees; and

prescribe fees which may be differential, varying according to any factor stated in the regulations; and

prescribe amounts payable for the late payment of fees under the principal Act.

Part 18—Amendment of Gaming Machines Act 1992

36—Amendment of section 29—Certain applications require advertisement

The proposed change provides that the required notice—

must be published in the Gazette and on a website; and

may be published in a State-wide newspaper or in a local newspaper.

37—Amendment of section 42A—Advertisement of certain applications and objections

The publication by the applicant of notice must be advertised in the Gazette and on a website or in a State-wide newspaper.

Part 19—Amendment of Genetically Modified Crops Management Act 2004

38—Amendment of section 5—Designation of areas

The proposed amendment allows the Minister to choose between publishing the notice in a newspaper or on the Department's website.

Part 20—Amendment of Geographical Names Act 1991

39—Amendment of section 11B—Assignment of geographical name

This clause amends section 11B by establishing the publication requirements for a notice under the section to be in the Gazette and on a website or in a local newspaper.

Part 21—Amendment of Government Business Enterprises (Competition) Act 1996

40—Amendment of section 11—Public notice of investigation

This clause substitutes section 11(1) of the principal Act to provide that the Commissioner may determine the manner and form of a notice of investigation.

Part 22—Amendment of Heavy Vehicle National Law (South Australia) Act 2013

41—Amendment of section 10—Other declarations for purposes of Heavy Vehicle National Law in this jurisdiction

This amendment updates the references to reflect recent changes to the Law to declare the Magistrates Court to be the relevant tribunal or court for the purposes of section 590D as well as section 556 of the Law. This amendment will not come into operation until 1 July 2018.

Part 23—Amendment of Impounding Act 1920

42—Amendment of section 25—Notice of impounding

The amendment will allow for the publication of a notice to be in a newspaper or on the Department's website.

43—Amendment of section 26—Poundkeeper may charge for service of notice

44—Amendment of section 32—Proceedings prior to sale by poundkeeper of unclaimed cattle

45—Amendment of section 33—Time and mode of sale of impounded cattle

The other proposed amendments are consequential on the changes made to section 25 of the principal Act.

Part 24—Amendment of Irrigation Act 2009

46—Amendment of section 14—Dissolution on application

47—Amendment of section 15—Dissolution on Minister's initiative

The proposed amendments to sections 14 and 15 of the principal Act facilitate the vesting or attachment of irrigation trust property, rights and liabilities in 1 or more persons on the dissolution of the trust. However, if that is not practicable or appropriate, the property, rights and liabilities will vest in or attach to the Crown or an agency or instrumentality of the Crown (including a Minister), as specified by the Minister.

48—Repeal of section 16

This clause repeals section 16 of the principal Act. Section 16 concerns the disposal of property on the dissolution of a trust. Those matters are now covered by the amendments to sections 14 and 15.

Part 25—Repeal of Liens on Fruit Act 1923

49—Repeal of Liens on Fruit Act 1923

This Act is to be repealed.

Part 26—Amendment of Livestock Act 1997

50—Amendment of section 37—Gazette notices

This clause amends the provision to enable the relevant notice to be published on a website determined by the Minister.

Part 27—Amendment of Marine Parks Act 2007

51—Amendment of section 14—Procedure for making or amending management plans

Publication procedures are updated and simplified in this amendment with Gazette and newspaper notices replaced by notices on a website determined by the Minister.

Part 28—Amendment of Maritime Services (Access) Act 2000

52—Amendment of section 43—Review and expiry of Part

The amendments by this clause to section 43 of the principal Act alter the publishing requirements for giving notice of a review of the operation of Part 3 of the Act as it applies to particular industries.

Part 29—Amendment of Motor Vehicles Act 1959

53—Amendment of section 24—Duty to grant registration

This clause amends section 24 to enable the period of registration of motor vehicles other than heavy vehicles to be prescribed by the regulations.

54—Amendment of section 38A—Reduced fees for pensioner entitlement card holders

This clause amends section 38A to remove the reference to the 'State concession card' which no longer exists.

55—Amendment of section 38AB—Registration fees for trailers owned by pensioner entitlement card holders

This clause amends section 38AB to remove the reference to the 'State concession card' which no longer exists.

56—Amendment of section 47C—Return, recovery etc of number plates

This clause amends section 47C so that the Registrar is not required to direct the owner of a motor vehicle to return number plates to the Registrar when the registration of the vehicle expires, is void or is cancelled other than on the owner's application. The amendment will allow the Registrar to direct the owner to destroy the plates or ensure that they are securely stored so that they can't be affixed to a motor vehicle that is driven on a road or allowed to stand on a road.

57—Substitution of section 72

This clause substitutes section 72.

72—Classification of licences

Subsection (1) provides that a licence must be assigned 1 or more prescribed classifications.

Subsection (2) provides that subject to the Act, if a person applies for the grant or renewal of a licence and the licence is granted or renewed (as the case may be), the Registrar must ensure that the licence is assigned the classification for which the person has applied.

Subsection (3) provides that if—

(a) an applicant for the renewal of a licence applies for the licence to be assigned any further or other classification; and

(b) the Registrar is satisfied that the applicant is competent to drive a motor vehicle in respect of which that further or other classification is required under this Act,

the Registrar must ensure that the licence, if renewed, is assigned that further or other classification.

Subsection (4) provides that if the Registrar is satisfied that a person who holds a licence is competent to drive motor vehicles for which a licence assigned a further or other classification is required under this Act, the Registrar must ensure that the licence is assigned the appropriate further or other classification.

Subsection (5) provides that Registrar may, for the purposes of this section, require a person who holds a licence or applies for the grant or renewal of a licence to provide evidence to the satisfaction of the Registrar of the person's competency to drive motor vehicles for which a particular classification is required under this Act.

Subsection (6) provides that the regulations may provide that, for the purposes of this Act, a person is to be taken to hold a licence that is assigned a particular classification if the person has held a licence of some other classification for a prescribed period (the qualifying period).

Subsection (7) provides that, subject to the regulations, a classification assigned to a licence must be endorsed on the licence.

Subsection (8) provides that for the purposes of the Act, in determining whether a person has held a licence for the qualifying period, any period during which—

(a) the person's licence was suspended; or

(b) the person was disqualified from holding or obtaining a licence in this State or in another State or Territory of the Commonwealth,

is not to be taken into account.

58—Amendment of section 77BA—Use of photographs taken or supplied for inclusion on a licence or leaner's permit

This clause amends section 77BA so that a photograph taken or supplied for inclusion on a driver's licence or learner's permit can be used on a licence, permit or other authority issued under the Harbors and Navigation Act, the Passenger Transport Act or a prescribed Act, or for a purpose authorised by the person whose image appears in the photograph.

59—Amendment of section 79—Examination of applicant for licence or learner's permit

This clause amends section 79 to allow the Registrar to accept evidence (other than a certificate) that an applicant has passed a theoretical examination. It also broadens the definition of tester to include persons or classes of persons to be authorised by the Registrar as testers.

60—Amendment of section 80—Ability or fitness to be granted or hold licence or permit

61—Amendment of section 141—Evidence by certificate etc

62—Amendment of section 145—Regulations

These clauses make minor amendments that are consequential on the substitution of section 72.

Part 30—Amendment of National Parks and Wildlife Act 1972

63—Amendment of section 5—Interpretation

The definition of Director is updated reflecting new appointment procedures in section 11A. Public notice is defined as notice published on a website determined by the Minister.

64—Insertion of section 11A

New section 11A (headed Director of National Parks and Wildlife) is inserted governing the appointment of the Director.

65—Amendment of section 38—Management plans

Publication of the notice in subsection (3) need now only be on a website determined by the Minister, and not in the Gazette or a newspaper.

66—Amendment of section 41A—Alteration of boundaries of reserves

Publication of the notice in subsection (2) need now only be on a website determined by the Minister, and not in the Gazette or a newspaper.

67—Amendment of section 49A—Permits for commercial purposes

Publication of the notice in subsection (1) and the recommendations in subsection (4) need now only be on a website determined by the Minister, and not in a newspaper.

68—Amendment of section 60D—Code of management

Publication of the notice in subsection (5) need now only be on a website determined by the Minister, and not in the Gazette or a newspaper. Publication of the notice in subsection (7) need now only be on a website determined by the Minister, and not in a newspaper.

69—Amendment of section 60I—Plan of management

Publication of the notices in subsection (4) and (7) need now only be on a website determined by the Minister, and not in the Gazette or a newspaper.

Part 31—Amendment of Payroll Tax Act 2009

70—Section 95—Assessment if no probate within 6 months of death

This proposed amendment replaces the requirement to publish the notice in a newspaper with a requirement to publish the notice on a website, with publishing in a newspaper to be optional.

Part 32—Amendment of Petroleum Products Regulation Act 1995

71—Amendment of section 34—Controls during periods of restriction

This would allow notice of the directions to be published in the Gazette, on a website determined by the Minister or in a newspaper.

72—Amendment of section 38—Publication of desirable principles for conserving petroleum

This amendment would allow desirable principles to be observed to be published in the Gazette, on a website determined by the Minister or in a newspaper.

Part 33—Amendment of Phylloxera and Grape Industry Act 1995

73—Amendment of section 18—Duty to prepare and maintain five year plan

This amendment would allow the Board to publish a notice of the date, time, place and purpose of a public meeting on a website determined by the Board or in a newspaper circulating generally throughout the State (or both).

Part 34—Amendment of Prices Act 1948

74—Amendment of section 12—Accounts and records in relation to certain declared goods and services

The proposed amendment would allow the choice between publishing the notice in the Gazette, or in a newspaper, or on the Commissioner's website.

Part 35—Amendment of Primary Industry Funding Schemes Act 1998

75—Amendment of section 9—Management plan for fund

This clause would allow the person or body administering the fund to publish notice of a public meeting to be convened in a manner and form that, in the opinion of the person or body, will be most likely to bring the notice to the attention of members of the public.

Part 36—Amendment of Public Assemblies Act 1972

76—Amendment of section 4—Notice of assembly

This amendment would provide for the option of publishing a copy of an objection to an assembly on a website determined by the Minister.

Part 37—Amendment of Public Finance and Audit Act 1987

77—Amendment of section 8—Special deposit accounts

This clause amends section 8 so that the power of the Treasurer to establish and maintain a special deposit account, and the power to approve a purpose of, or relating to, a government department for the purposes of section 8, can be delegated by the Treasurer.

78—Amendment of section 9—Imprest accounts

This clause amends section 9 so that the power of the Treasurer to establish an imprest account can be delegated by the Treasurer.

79—Amendment of section 21—Deposits

Section 21 provides that money accepted by the Treasurer on deposit from a person must be recorded in a separate account maintained by the Treasurer. This clause amends the section to enable the Treasurer to delegate the power to establish and maintain accounts.

80—Insertion of section 42

Proposed section 42 applies where the Treasurer delegates a power under the Act. The delegation—

may be to a specified person or to a person occupying or acting in a specified position; and

must be in writing; and

may be absolute or conditional; and

does not derogate from the power of the Treasurer to act in a matter; and

is revocable at will by the Treasurer.

Part 38—Amendment of Railways (Operations and Access) Act 1997

81—Amendment of section 7A—Review and expiry of access regime

The amendment provides for the regulator to give reasonable notice of the review of the access regime, by publishing a notice in a manner and form determined by the regulator to be most appropriate in the circumstances, inviting written submissions on the matters under review within a reasonable time specified for the purpose in the notice.

Part 39—Repeal of Redundant Officers Fund Act 1936

82—Repeal of Redundant Officers Fund Act 1936

This Act is to be repealed.

Part 40—Amendment of Road Traffic Act 1961

83—Amendment of section 33—Road closing and exemptions for certain events

This clause amends section 33 so that on the application of any person interested, the Minister may declare an event to be an event to which section 33 applies and may do either or both of the following:

(a) make an order directing that specified roads (being roads on which the event is to be held or roads that, in the Minister's opinion, should be closed for the purposes of the event) be closed to traffic for a period specified in, or determined in accordance with, the order;

(b) make an order directing that persons participating in the event be exempted, in relation to specified roads, from the duty to observe an enactment, regulation or by-law prescribing a rule to be observed on roads by pedestrians or drivers of vehicles.

Part 41—Amendment of Serious and Organised Crime (Control) Act 2008

84—Amendment of section 10—Publication of notice of application

85—Amendment of section 12—Notice of declaration

86—Amendment of section 14—Revocation of declaration

87—Amendment of section 38—Service

88—Amendment of section 39B—Notice of registration

89—Amendment of section 39G—Notice of cancellation or expiry of registration of corresponding declaration

The amendments will allow notices under the principal Act to be published on the Commissioner's website or in a newspaper, as well as having to be published in the Gazette.

Part 42—Repeal of Sex Disqualification (Removal) Act 1921

90—Repeal of Sex Disqualification (Removal) Act 1921

This Act is to be repealed.

Part 43—Repeal of Snowy Mountains Engineering Corporation (South Australia) Act 1971

91—Repeal of Snowy Mountains Engineering Corporation (South Australia) Act 1971

This Act is to be repealed.

Part 44—Amendment of Stamp Duties Act 1923

92—Amendment of section 71CC—Interfamilial transfer of farming property

This clause amends section 71CC(1) of the Stamp Duties Act 1923 so as to extend the exemption that currently applies where land used for the business of primary production is transferred between family members (including trusts with beneficiaries who are family members) to include transfers involving companies where the shareholders of the company are family members and a family relationship exists between the transferor and transferee. For the exemption to apply, the sole or principal business of at least one shareholder of the company must be the business of primary production, and there must have been a business relationship between at least one of the shareholders and the other party for a period of 12 months with respect to the use of the property for the business of primary production.

93—Transitional provision

This section provides that the amendments made by section 92 to section 71CC of the Stamp Duties Act 1923 apply only in relation to instruments executed after the commencement of Part 44.

Part 45—Amendment of State Procurement Act 2004

94—Amendment of section 4—Interpretation

The amendments will clarify the definition of procurement operations so as to include the procurement of the delivery of a service by a third party on behalf of the authority, but so as not to include—

the provision of funding to a third party by the authority that, in accordance with Treasurer's instructions, is classified as a grant; or

operations excluded from this definition by the regulations;

Part 46—Repeal of Statistics Act 1935

95—Repeal of Statistics Act 1935

This Act is to be repealed.

Part 47—Repeal of Statutory Salaries and Fees Act 1947

96—Repeal of Statutory Salaries and Fees Act 1947

This Act is to be repealed.

Part 48—Amendment of Summary Offences Act 1953

97—Amendment of section 72A—Power to conduct metal detector searches etc

This amendment would give the Commissioner of Police the option of publishing a notice of a declaration under section 72A on the Commissioner's website or in a newspaper.

Part 49—Repeal of War Service Rights (State Employees) Act 1945

98—Repeal of War Service Rights (State Employees) Act 1945

This Act is to be repealed.

Part 50—Repeal of Water Resources Act 1997

99—Repeal of Water Resources Act 1997

This Act is to be repealed.

Part 51—Repeal of Westpac/Challenge Act 1996

100—Repeal of Westpac/Challenge Act 1996

This Act is to be repealed.

Part 52—Amendment of Wilderness Protection Act 1992

101—Amendment of section 3—Interpretation

The definition of public notice is amended to mean notice published on a website determined by the Minister, and no longer means notice published in the Gazette.

102—Amendment of section 12—Wilderness code of management

This is a consequential amendment preserving the status quo with respect to public notification of the adoption of a revised or substituted code of management (namely by notice in the Gazette).

103—Amendment of section 16—Prevention of certain activities

This amendment gives the Minister discretion to publish a notice under subsection (7) in a newspaper or on the Minister's website, whichever medium the Minister considers appropriate in the circumstances.

104—Amendment of section 31—Plans of management

This is a consequential amendment preserving the status quo with respect to public notification of the adoption of plan of management (namely by notice in the Gazette).

105—Amendment of section 33—Prohibited areas

This amendment preserves the status quo with respect to public notification of the declaration of prohibited areas or variation or revocation of such declarations (namely by notice in the Gazette) but also adds a requirement for the notifications to be on a website determined by the Minister.

Part 53—Amendment of Work Health and Safety Act 2012

106—Amendment of section 274—Approved codes of practice

This amendment would provide the Minister with the option of publishing notice of the approval, variation or revocation of a code of practice on a website or in a newspaper as well as in the Gazette.

Debate adjourned on motion of Mr Pederick.