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House of Assembly - Fifty-Second Parliament, Second Session (52-2)
2012-02-15 Daily Xml
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ZERO WASTE SA (MISCELLANEOUS) AMENDMENT BILL

Introduction and First Reading

The Hon. J.R. RAU (Enfield—Deputy Premier, Attorney-General, Minister for Planning, Minister for Business Services and Consumers) (11:22): Obtained leave and introduced a bill for an act to amend the Zero Waste SA Act 2004. Read a first time.

Second Reading

The Hon. J.R. RAU (Enfield—Deputy Premier, Attorney-General, Minister for Planning, Minister for Business Services and Consumers) (11:23): 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 Zero Waste SA (Miscellaneous) Amendment Bill 2011 amends the Zero Waste SA Act 2004—an Act that has since 2004 represented the legislative underpinning for the State's waste management objectives and practices.

This Bill seeks to make two amendments to that Act.

First, the Bill seeks to clarify that the Public Finance and Audit Act 1987 applies when Zero Waste SA is performing or exercising its functions or powers (including in connection with the management, investment and application of the Waste to Resources Fund). This measure resolves the uncertainty that has arisen in recent times as to whether or not the Treasurer's instructions apply in those circumstances and will ensure that Zero Waste SA's financial management practices are consistent with financial management practices across State government.

Secondly, the Bill introduces a power of delegation for Zero Waste SA. It has come to light recently that the absence in the Act of such a power of delegation is resulting in a degree of inefficiency in the administration of that Act. Powers of delegation may be found in the legislation of many other statutory Boards and authorities, and it is now considered appropriate to include one in this Act.

This Bill proposes to provide Zero Waste SA with the power to delegate any of its functions or powers to a person or committee. It will enable a function or power to be delegated to the Chief Executive of Zero Waste SA and further delegated to a Public Service employee should the need arise.  It is anticipated that this measure will result in the streamlining of Zero Waste SA's administrative practices.

The amendments contained in this Bill will assist the Board of Zero Waste SA and the Office of Zero Waste SA in the delivery of outcomes in accordance with the Zero Waste SA Business Plan and in progressing South Australia's Waste Strategy in a timely and efficient manner.

I commend the Bill to Members.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Amendment provisions

These clauses are formal.

Part 2—Amendment of Zero Waste SA Act 2004

3—Insertion of section 7A

This clause inserts section 7A into the principal Act.

7A—Application of Public Finance and Audit Act 1987

This section will ensure that the Public Finance and Audit Act 1987 applies when Zero Waste SA is performing or exercising its functions or powers (including in connection with the management, investment and application of the Waste to Resources Fund). For example, when Zero Waste SA is using money from the Fund, it must do so in accordance with any relevant Treasurer's instructions and any other relevant provisions under the Public Finance and Audit Act.

4—Insertion of section 13A

This clause inserts section 13A into the principal Act.

13A—Delegation

This section will give Zero Waste SA the power to delegate a function or power (except a function or power prescribed by regulation) to a person or committee. For example, it will enable a power or function to be delegated to the CEO of Zero Waste SA and then further delegated to a Public Service employee should that be necessary.

Debate adjourned on motion of Mr Pederick.

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