Bills

Statutes Amendment and Repeal (Simplify) Bill

Introduction and First Reading

The Hon. R.I. LUCAS (Treasurer) (15:22): 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a bill for an act to amend various acts to simplify administrative and other processes or to remove obsolete or out of date matter or practices, to repeal various obsolete acts and for other purposes.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. R.I. LUCAS (Treasurer) (15:23): I move:

That this bill be now read a second time.

The Statutes Amendment and Repeal (Simplify) Bill 2018 aims to reduce red tape and simplify regulation for businesses and consumers. The state government is committed to lowering the cost of doing business in South Australia. We are committed to creating an environment in which our businesses can operate competitively in the global economy. The government's red tape reduction strategy is about supporting businesses by putting in place efficient processes. This approach supports innovation in how government regulates and interacts with business to the greatest extent possible.

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. Amendments to 40 acts are included in the bill and include changes to 27 acts to add the option of publishing government notices online.

Twelve obsolete or unnecessary acts are proposed for repeal and the remaining changes support red tape reduction, most notably in relation to transport, licensing and registration. The bill contains some important reforms, which I will now detail. A significant component of the bill is the various amendments to the Motor Vehicles Act 1959. 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 the bill include: enabling automatic progression of a motorcycle licence 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; and providing more flexibility in the accepted means of verifying a learner's test that has been passed. This means that an applicant for a learner's permit will not be required to produce a certificate. Changes will also allow testing to be conducted by more delegated government employees. This will add to flexibility and create efficiencies.

The bill will amend the Road Traffic Act 1961 to allow low-risk public events to occur without the need for closing of public roads. Amendments to the Aquaculture Act 2001 will extend the maximum production lease term that can be given from 20 to 30 years, making the lease terms more attractive for financial institutions. The amendments will also clarify that if the public register includes a notation that a specified person has an interest in the lease, that person must also be provided with a copy of the written notice sent to the lessee, where the minister proposes to cancel the lease.

The Fisheries Management Act 2007 will be amended to clarify that a court has the clear discretion to reduce the number of demerit points that would otherwise apply if found guilty of offences under the act, where a person is liable to be disqualified from holding a fisheries licence and that disqualification would cause a level of hardship disproportionate to the offence committed. The amendments will also provide a head of power to make regulations that will allow greater flexibility in the prescription of fees in the future, such that they may be prescribed to apply in different fishing seasons or may include methods of calculation or be varied according to specified factors.

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 Real Property Act 1886 will be amended to ensure the Registrar-General has the power to mandate electronic conveyancing in line with policy objectives. A further amendment will also allow a revocation of power of attorney or the death of a grantor of power of attorney to be noted on the electronic copy of the duplicate or copy of a power of attorney.

The Dog Fence Act 1946 will be amended to reduce red tape by allowing the minister to establish, vary the functions of, and abolish local dog fence boards by declaration. These powers are currently assigned to the Governor. The amendment has been recommended by the Dog Fence Board.

Provisions in the National Parks and Wildlife Act 1972 will be clarified, relating to the appointment of the director of National Parks and Wildlife. Currently, the act does not include a provision for the appointment of the director of National Parks and Wildlife. The appointment of the director will be simplified by introducing a process whereby the minister may appoint a person to the office of the Director of National Parks and Wildlife and a mechanism be provided whereby, if the director is absent and unable to discharge official duties, then the minister may appoint an employee to act in the role.

The bill includes amendments to 27 acts to create flexibility and include an option to publish notices online. The public notices reforms aim to decrease the cost associated with public notices advertisement and the time taken to publish those notices. Where it is considered the best option, publications of notices in newspapers will continue to play an important role, for example, in rural and remote communities where internet access is not always available.

The Statutes Amendment and Repeal (Simplify) Bill 2018 proposes the repeal of 12 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. For example, 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.

Two rather antiquated pieces of legislation will also be repealed, the Statistics Act 1935 and the Redundant Officers Fund Act 1936. The amendments and repeals in the bill are the result of concerted and extensive engagement and collaboration with the business sector and community at large to deliver beneficial reforms and 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.

The changes announced today continue the government's regulatory reform agenda. This bill is a demonstration of the government's commitment to continuously looking for ways to reduce the red tape burden on business in this state, and to improving government processes to support the economy and services to the community. The Statutes Amendment and Repeal (Simplify) Bill 2018 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.

In concluding the second reading, I make two further comments. One is a cautionary note to my friend and colleague the Hon. Mr Parnell, who, on a previous occasion, confessed that a particular provision in an omnibus simplify bill had snuck through without his appropriate due diligence and he was regretful of that some time after, him having voted in support for that particular provision. So my cautionary and advisory note to the Hon. Mr Parnell is to speak now during this debate or forever hold his peace. It will not be a sufficient defence to say some time down the track that he did not realise what he was voting for. These are comprehensive pieces of legislation and if he does have issues, now is the time to be raising them.

The other point I would make in relation to the nature of these bills, is that the normal committee stage will be somewhat complicated. No one officer of government is going to be an expert on every particular area of the government. That one officer, I suspect, will be able to talk about the overall shape and structure of the bill, consultative processes gone through, and be able to answer questions in relation to the detail of many of the aspects of the bill, but when it comes to the detailed provisions of the motor vehicles acts or fishing and aquaculture acts and those sorts of things, it is probably going to—and there is no rush on this—assist the passage of the bill if members can identify the issues in their second reading, and we can try to get comprehensive answers to that.

Secondly, during the briefings on the bill, if members have issues to be raised, then raise those issues so that the government and its officers can provide answers to members at that particular stage. I accept the fact that sometimes, at that particular stage, stakeholders might not have raised concerns with the opposition or crossbench parties and they might get raised subsequently. Again, we are happy to progress the committee stage in a measured way, and not rush it. If there are unidentified issues that are raised at a later stage of the debate, I think the only response may well be that if the officer advising on the bill does not have an answer, if need be we can take it on notice and bring back a reply or report progress on that particular aspect of the bill, proceed with others and see whether we can harmoniously progress consideration of what might be a complicated debate. With those words, I commend the bill to the council. I seek leave to have the detailed explanation of the clauses inserted into Hansard without my reading it.

Leave granted.

Explanation of Clauses

Part 1—Preliminary

1—Short title

This clause is formal.

2—Commencement

This clause provides that the measure will commence on the day on which it receives the Governor's assent. However, some specified provisions will commence on a day to be fixed by proclamation.

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 must also be published on the operator's website, 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 25B—Cancellation of lease

The proposed amendment requires the Minister to give a specified person with an interest in an aquaculture lease noted on the public register a copy of the written notice given to the lessee relating to the proposed cancellation of the lease.

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

The proposed amendment allows public notice of the proposed grant of a pilot lease to be published on a website determined by the Minister instead of in a newspaper circulating generally in the State.

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

The proposed amendments allow public notice of the proposed grant of a production lease and corresponding licence to be published on a website determined by the Minister instead of in a newspaper circulating generally in the State.

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

The proposed amendment allows public notice of the proposed grant of a production lease and corresponding licence in respect of an aquaculture zone or part of an aquaculture zone not designated as a public call area to be published on a website determined by the Minister instead of in a newspaper circulating generally in the State.

11—Amendment of section 38—Term and renewal of production leases

Currently an aquaculture production lease can be issued or renewed for a term of 20 years, or such lesser period as is specified in the lease. The proposed amendments will enable production leases to be issued or renewed for terms of up to 30 years and will allow the Minister to extend the term of an existing production lease, on application by the lease holder, by such period as the Minister thinks fit (but only once and not beyond the thirtieth anniversary of the day on which the lease was granted or renewed).

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

The proposed amendment allows public notice of the proposed grant of a research lease and corresponding licence to be published on a website determined by the Minister instead of in a newspaper circulating generally in the State.

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

The proposed amendment allows public notice of the proposed grant of an aquaculture licence other than a corresponding licence to be published on a website determined by the Minister instead of in a newspaper circulating generally in the State.

14—Amendment of section 60—Reviews

The proposed amendment corrects a drafting error.

Part 6—Amendment of Associations Incorporation Act 1985

15—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.

16—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

17—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

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

This Act is to be repealed.

Part 9—Repeal of Corporal Punishment Abolition Act 1971

19—Repeal of Corporal Punishment Abolition Act 1971

This Act is to be repealed.

Part 10—Amendment of Correctional Services Act 1982

20—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 must also publish the notice on a website determined by the CE or in a daily newspaper circulating generally in South Australia and in a daily newspaper circulating generally in Australia.

Part 11—Amendment of Crown Land Management Act 2009

21—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

22—Substitution of section 35A

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.

23—Substitution of section 35C

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—Repeal of Economic Development Act 1993

24—Repeal of Economic Development Act 1993

This Act is to be repealed.

Part 14—Amendment of Emergency Services Funding Act 1998

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

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

Part 15—Amendment of Environment Protection Act 1993

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

27—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.

28—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.

29—Amendment of section 69B—Sale and supply of beverages in containers

A correction is made to the penalty provision in section 69B of the principal Act (incorrectly specified by a recent amendment Act —the Environment Protection (Waste Reform) Amendment Act —as $4000). It is proposed to be returned to its previous level of $30,000.

Part 16—Amendment of Explosives Act 1936

30—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 17—Amendment of Fire and Emergency Services Act 2005

31—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.

32—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 18—Amendment of Fisheries Management Act 2007

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

The proposed amendment allows public notice of the Minister's intention to prepare a management plan to be published on a website determined by the Minister instead of in a newspaper circulating generally in the State.

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

The proposed amendments remove the requirement for applications to be signed and provide for fees to be prescribed by the regulations rather than fixed by regulation.

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

The proposed amendments remove the requirement for applications to be signed and provide for fees to be prescribed by the regulations rather than fixed by regulation.

36—Amendment of section 64—Applications for registration

The proposed amendments remove the requirement for applications to be signed and provide for fees to be prescribed by the regulations rather than fixed by regulation.

37—Amendment of section 68—Issue of duplicate authority

The proposed amendment provides for fees to be prescribed by regulation rather than fixed by regulations.

38—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.

39—Amendment of section 116—Registers

The proposed amendments provide for fees to be prescribed by regulation rather than fixed by regulations.

40—Amendment of section 127—General

The proposed amendments make 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 19—Amendment of Gaming Machines Act 1992

41—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.

42—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 20—Amendment of Geographical Names Act 1991

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

This clause amends section 11B by establishing the publication requirements for a notice under subsection (2) to be in the Gazette and on a website or in a local newspaper.

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

44—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

45—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.

Part 23—Repeal of Housing Loans Redemption Fund Act 1962

46—Repeal of Housing Loans Redemption Fund Act 1962

This Act is to be repealed.

Part 24—Amendment of Impounding Act 1920

47—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.

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

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

50—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 25—Amendment of Irrigation Act 2009

51—Amendment of section 14—Dissolution on application

52—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.

53—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 26—Repeal of Liens on Fruit Act 1923

54—Repeal of Liens on Fruit Act 1923

This Act is to be repealed.

Part 27—Amendment of Livestock Act 1997

55—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 28—Amendment of Local Government Act 1999

56—Amendment of section 44—Delegations

Section 44 currently requires councils to review delegations in force under the section at least once in every financial year. As amended by this clause, the section will instead require councils to review delegations within 12 months after the conclusion of each periodic election.

Part 29—Amendment of Marine Parks Act 2007

57—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 30—Amendment of Maritime Services (Access) Act 2000

58—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 31—Amendment of Motor Vehicles Act 1959

59—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.

60—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.

61—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 cannot be affixed to a motor vehicle that is driven on a road or allowed to stand on a road.

62—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 the 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.

63—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.

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

65—Amendment of section 141—Evidence by certificate etc

66—Amendment of section 145—Regulations

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

Part 32—Amendment of National Parks and Wildlife Act 1972

67—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.

68—Insertion of section 11A

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

69—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.

70—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.

71—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.

72—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.

73—Amendment of section 60I—Plan of management

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

Part 33—Amendment of Payroll Tax Act 2009

74—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 34—Amendment of Petroleum Products Regulation Act 1995

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

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

76—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 35—Amendment of Phylloxera and Grape Industry Act 1995

77—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 36—Amendment of Prices Act 1948

78—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 37—Amendment of Primary Industry Funding Schemes Act 1998

79—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 38—Amendment of Public Assemblies Act 1972

80—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 39—Amendment of Rail Safety National Law (South Australia) Act 2012

81—Amendment of section 7—Exclusion of legislation of this jurisdiction

The amendment made to section 7 by this clause clarifies that certain South Australian Acts do not apply the Act, the Rail Safety National Law (South Australia) or to instruments made under the Law except as applied by the Law.

Part 40—Amendment of Railways (Operations and Access) Act 1997

82—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 41—Amendment of Real Property Act 1886

83—Amendment of section 3—Interpretation

This amendment makes it clear that a form approved by the Registrar-General may be an electronic form.

84—Amendment of section 54—Form of instruments and manner of lodgement

Under section 54, the Registrar-General may not register an instrument that does not comply with the Act and is not in the appropriate form. Under the section as amended by this clause, the Registrar-General may also approve the manner in which instruments are to be lodged.

85—Insertion of section 160A

The effect of this proposed new section is that a requirement for entry of a note of the revocation of a power of attorney, or of the death of the grantor of a power of attorney, to be made on the duplicate or copy of the power of attorney will be satisfied if a note of the revocation or death is entered on an electronic copy of the duplicate or copy.

Part 42—Repeal of Redundant Officers Fund Act 1936

86—Repeal of Redundant Officers Fund Act 1936

This Act is to be repealed.

Part 43—Amendment of Road Traffic Act 1961

87—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:

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;

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 44—Repeal of Sex Disqualification (Removal) Act 1921

88—Repeal of Sex Disqualification (Removal) Act 1921

This Act is to be repealed.

Part 45—Repeal of Snowy Mountains Engineering Corporation (South Australia) Act 1971

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

This Act is to be repealed.

Part 46—Repeal of Statistics Act 1935

90—Repeal of Statistics Act 1935

This Act is to be repealed.

Part 47—Repeal of Statutory Salaries and Fees Act 1947

91—Repeal of Statutory Salaries and Fees Act 1947

This Act is to be repealed.

Part 48—Amendment of Summary Offences Act 1953

92—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—Amendment of Taxation Administration Act 1996

93—Amendment of section 4—Meaning of taxation laws

94—Amendment of section 110—Offences by persons involved in management of corporations

The purpose of these amendments is to remove reference to the Debits Tax Act 1994 and the Financial Institutions Duty Act 1983, both of which have been repealed.

Part 50—Repeal of War Service Rights (State Employees) Act 1945

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

This Act is to be repealed.

Part 51—Repeal of Westpac/Challenge Act 1996

96—Repeal of Westpac/Challenge Act 1996

This Act is to be repealed.

Part 52—Amendment of Wilderness Protection Act 1992

97—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.

98—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).

99—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.

100—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).

101—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

102—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 Hon. I. Pnevmatikos.