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House of Assembly - Fifty-Third Parliament, First Session (53-1)
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Budget Measures Bill 2014

Standing Orders Suspension

The Hon. A. KOUTSANTONIS (West Torrens—Treasurer, Minister for Finance, Minister for State Development, Minister for Mineral Resources and Energy, Minister for Small Business) (15:38): I move:

That standing orders be so far suspended as to enable me to introduce a bill forthwith.

Motion carried.

Introduction and First Reading

The Hon. A. KOUTSANTONIS (West Torrens—Treasurer, Minister for Finance, Minister for State Development, Minister for Mineral Resources and Energy, Minister for Small Business) (15:39): Obtained leave and introduced a bill for an act to enact legislation in relation to the 2014 state budget so as to impose a levy on parking spaces within the central business district of the City of Adelaide in order to raise revenue to be used to provide or support programs designed to improve transport services and transport safety within the state and to provide for related matters; and to make amendments to various acts for the purposes of the 2014 state budget. Read a first time.

Ms Redmond: Shame, shame, shame!

The SPEAKER: The member for Heysen is on two warnings.

Second Reading

The Hon. A. KOUTSANTONIS (West Torrens—Treasurer, Minister for Finance, Minister for State Development, Minister for Mineral Resources and Energy, Minister for Small Business) (15:40): 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.

Explanation of Clauses

This Bill introduces legislative amendments required to implement budget measures that have been announced as part of the 2014-15 Budget.

This Bill amends the Taxation Administration Act 1996, Education Act 1972, First Home and Housing Construction Grants Act 2000, Mining Act 1971, Passenger Transport Act 1994 and establishes legislation for a Transport Development Levy (the 'Levy') in the Adelaide central business district (CBD) from 1 July 2014.

Adelaide has more car parks per capita than any other major Australian capital city, and congestion is increasing on the roads leading into the city. As South Australia's population increases, the congestion will only increase. Adelaide has far and away the cheapest CBD parking of all mainland states.

The Levy will make using public transport more attractive and will importantly provide significant resources to be reinvested into public transport. It will initially be used to pay for new park 'n' ride and passenger facilities at various locations around suburban Adelaide.

The Bill sets the Levy at $750 per annum per car park space in 2014-2015 and will be indexed annually to movements in the Adelaide Consumer Price Index. The Levy will apply to car parking spaces owned during the 2014-15 financial year, as assessed on 1 January 2015.

As the Levy is considered to be an exempt tax under subsection 81-5(2) of the A New Tax System (Goods and Services Tax) Act 1999, no GST will be payable when the Levy is remitted by the owner or operator of a car park to the Government.

However when the Levy is passed on to a third party, for example by a landlord to a tenant, the amount passed on will constitute a taxable supply and will be subject to the GST.

The Levy will apply to parking spaces which are subject to a fee or charge or the provision of some other value benefit or consideration on a regular basis, parking spaces that are set aside or used for the parking of a fleet vehicle on a regular basis, and parking spaces that are set aside or used for employee parking on a regular basis. The Levy will also apply to parking spaces set aside or used for the parking of a car used by a Minister or other Members of Parliament, but does not apply to any area that is part of the South Australian Parliament.

The Levy area includes car park spaces located within the Adelaide City Council area south of the River Torrens and the parkland side of Hackney Road, Dequetteville Terrace, Greenhill Road, the train line bordering the west parklands and Port Road. The Levy will not apply in North Adelaide.

The legislation details a number of exemptions to the Levy including residential car park spaces, car parking spaces provided to customers of businesses free of charge, short term parking by the general public on a hospital site and spaces located at sites that do not contain more than five car parking spaces where the owner does not own more than five car parking spaces in total in the CBD.

The Bill contains provisions which allow the owner of a car park space to pass on the cost of the Levy to third parties.

Extensive consultation has occurred in relation to the technical and administrative details of the Levy and the government is confident that the Levy can be efficiently and effectively administered under the provisions of the Bill.

This Bill also amends the Education Act 1972.

On 29 February 2012 the High Court of Australia found that the mechanism used by successive governments for the appointment of temporary teachers was not authorised under the Education Act 1972.

The practical effect of the mechanism that is available for these appointments is that some temporary teachers with service from 1972 potentially have access to an allowable break in service of up to 2 years for the purposes of long service leave accrual, compared to 3 months break in service that applies to other public sector employees.

It was not the intention of successive governments to provide a more generous entitlement for accrual of long service leave to temporary teachers than are available to other public sector employees. The potential implications have significant financial consequences for the State and provide a benefit to temporary teachers not available to other public sector employees.

This Bill will retrospectively extinguish the 2 year rule for temporary teachers bringing long service leave accruals for temporary teachers in line with other public sector employees.

This Bill also introduces an $8,500 Senior Housing Grant for people 60 years of age and over who want to purchase a new home to live in that better suits their needs.

Under the scheme, a once-off $8,500 grant will be available for eligible homes valued up to $400,000 and will phase out for eligible homes valued up to $450,000. The grant will be available for eligible new home contracts entered into between 1 July 2014 and 30 June 2016. The scheme will be reviewed after that time.

The grant is only available to natural persons, can only be claimed once by each household and will not be available to first home buyers claiming the $15,000 First Home Owner Grant.

The new grant is estimated to cost $7 million per annum and delivers on the government's election commitment.

The Bill includes changes to the Mining Act 1971 to increase the extractive minerals royalty rate to 55 cents per tonne, commencing on 1 July 2014. Extractive minerals include sand, rock and clay used as construction materials.

Currently the royalty payable on extractive minerals in South Australia is 35 cents per tonne, with 25 cents per tonne allocated to the Extractive Areas Rehabilitation Fund and 10 cents per tonne allocated to the Consolidated Account. The extractives royalty rate has not changed since 1 January 2006.

The increase in the extractive royalty rates will not affect the Extractive Areas Rehabilitation Fund, with all additional royalty revenues paid to the Consolidated Account.

South Australia's extractive royalty rate will still be competitive compared with other jurisdictions, with the new rate the third lowest rate charged by all states.

The Mining Act 1971 is also being amended so that proprietors and operators of private mines will be required to pay royalties on minerals recovered from the mine upon the first change to the owner or operator of a mine from 19 June 2014. Private mines already pay royalties on extractive minerals.

Together, these measures are expected to raise around $3.2 million per annum over the forward estimates.

This Bill also amends the Passenger Transport Act 1994.

The Department of Planning Transport and Infrastructure is currently forecasting the need to provide special event public transport services each year to approximately 100 special events with over one million journeys made on these services.

Special events in Adelaide are categorised as either community or commercial events. Community events are not-for-profit events where there is no charge for entry, for example the Credit Union Christmas Pageant, Carols by Candlelight, Anzac Day and the City to Bay Fun Run, while Commercial events are those organised for profit and charge attendees for entry, participation or membership, for example sporting events and the Royal Show. It is anticipated that of the special events that will require special public transport services approximately 86% will be commercial and 14% will be community.

Special events often generate large numbers of participants who want to travel at the same time, and for whom there is insufficient capacity on existing public transport. Dealing with this increase in travellers may require additional transport and possible detours and disruptions to regular services.

Currently, there is no requirement to notify DPTI of an event that may require special public transport services; or where the event is a commercial activity, to discuss the cost of providing the services and how much should be borne by those profiting from the event. South Australia is the only mainland state that does not have legislation or a policy dealing with public transport services to special events which is supported by major event venues and organisers.

This measure will ensure the best public transport solution is delivered for the community and where possible, ensure the appropriate level of service by improving the planning and communication between venue managers, event organisers and DPTI.

The new measure will apply to any event in Metropolitan Adelaide attracting 5,000 or more people, where special public transport services may be needed.

It sets clear requirements for 6 months notification of an event, and for consultation about what public transport services are needed for the benefit of the public. In the case of commercial events, this Bill provides for negotiating a contribution towards the cost of the services and enables the Minister to recover the agreed fee as a debt. If there has been no notification or consultation regarding a commercial event, the Minister may still recover the cost of the services.

This will not only benefit those who travel to and from a special event, it will also benefit those travelling in the vicinity of the event regardless of their choice of transport, either by public transport or in a private car. By allowing more time to plan, a better transport solution can be developed that will be easy to use, more attractive and affordable. This in turn will reduce road congestion along with air and noise pollution and minimise disruption to everyday public transport services.

Community events requiring public transport services will continue to be supported by the Government and no fee will be charged; however notification and consultation on the public transport needs will be required, for transport planning purposes.

In the case of commercial events, this Bill provides a mechanism to recover costs for the provision of additional services or the use of existing services provided free of charge to event ticket holders.

It is estimated that there are between 12 to 20 different venue managers who currently meet the threshold of 5,000 attendees for an event. The major and most frequent venues for commercial events of this size in Metropolitan Adelaide are the Adelaide Convention Centre; Adelaide Oval; Adelaide Entertainment Centre; the Adelaide Show Grounds; Hindmarsh Stadium; AAMI Stadium; the Adelaide Park Lands and the Morphettville Racecourse.

The obligation to notify DPTI of planned events is placed on venue managers as they are in the best position to know when an event is booked to take place, however the Bill provides that an event organiser may notify the event, if the venue manager agrees. This will simplify the process and reduce administration where an event organiser is using multiple venues, for example the Tour Down Under.

Venue managers of commercial events will also be ultimately responsible for paying the negotiated fee, or if there have been no negotiations, paying what the Minister considers appropriate. The responsibility will sit with the venue manager to negotiate with the event organiser how this fee will be included in any venue hire contract established between them. It is expected that both the venue manager and event organiser will be involved in the consultation about the public transport needs for the event and this will assist in ensuring the requirements of both parties are considered.

Once proclaimed, venue managers will be required to notify DPTI of planned events. The Bill also provides the Minister capacity to waive fees for special services and this power will be used, where appropriate, to allow arrangements for events that were made prior to the commencement of the Bill to proceed.

Most venue managers and event organisers already cooperate with DPTI to ensure special public transport services are provided for their event. They also engage in discussions about how the services are to be paid. This Bill will create a framework that places this obligation on all managers and organisers equally, and provides for the Minister to recover unpaid costs as a debt. Better planned public transport for special events enables participants to get to their event efficiently, and with minimum cost and disruption to the rest of the community.

I commend the Bill to Members.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

3—Amendment provisions

These clauses are formal.

4—Interpretation

This clause defines terms used in the measure.

5—Calculation of parking space numbers

This clause sets out the manner in which the number of parking spaces on premises is to be calculated for the purpose of the measure if the parking spaces are not individually delineated by permanently marked lines.

6—Application of Act

This clause provides the that the measure applies to parking spaces within the area specified in the clause.

7—Taxation Administration Act

This clause provides that the measure is to be read together with the Taxation Administration Act 1996.

Part 2—Transport development levy

8—Imposition of levy

This clause provides for the imposition of a transport development levy on 1 January in each financial year on each leviable parking space. A person who, as at 1 January in any financial year is the owner of leviable premises is liable to pay the levy in respect of each leviable parking space situated at or constituting those premises. The clause provides that operators of a car park that includes leviable premises are jointly and severally liable with the owner or owners for the payment of the levy.

9—Amount of levy

This clause sets the amount of the levy for the 2014/2015 financial year at $750, and provides that the amount of the levy for subsequent financial years is to be the CPI adjusted levy for that financial year.

Part 3—Registration and returns

Division 1—Registration

10—Requirement for registration

This clause sets out the requirements for the registration of the owner of a leviable parking space and the operator of a car park that includes leviable premises.

11—Registration

This clause provides that the Commissioner must register a person who applies for registration under proposed Part 3 Division 1, and may, at any time remove a person from the register or make amendments to the register that the Commissioner considers appropriate.

12—Requirement to notify changes

This clause requires notice (in the approved form) of a change of owner or operator or of a person ceasing to be an owner or operator to be given to the Commissioner in accordance with the regulations.

Division 2—Returns

13—Returns

This clause provides that a person liable to pay a transport development levy in a financial year must lodge a return (in the approved form) with the Commissioner on or before 31 March in that financial year. A return may be lodged by the owner on behalf of the owner and the operator, or by the operator on behalf of the operator and the owner.

14—Levy to accompany return

This clause sets out the time frame in which transport development levy must be paid to the Commissioner, and that the Commissioner must pay the levy into the State Transport Fund established by proposed Part 4 of the measure.

15—Obligations may continue

This clause provides that a person's obligation to furnish a return and pay the levy continues despite a failure to furnish a return or pay the levy in time.

Part 4—State Transport Fund

16—State Transport Fund

This clause establishes the State Transport Fund. Subclauses (1) to (3) contain the formal requirements of the Fund. Subclause (4) provides for the matters that the Fund may be applied towards, including research, programs, grants, loans, repayments, refunds and costs outlined in the subclause. Subclause (5) permits the Minister to invest money that is not immediately required for the purposes of the Fund. Subclauses (6) and (7) provide that the Treasurer may advance money to the Fund in the form of a loan, or charge a fee in respect of such a loan. Subclause (8) provides that payments out of the Fund will be made in accordance with the directions of the Minister (after taking into account any terms or conditions that apply in relation to money paid or advanced for the purpose of the Fund).

Part 5—Miscellaneous

17—Guidelines

This clause provides that the Commissioner may establish guidelines, with the approval of the Minister, as to what does or does not constitute a parking space in particular circumstances and whether or not a parking space is or is not an exempt parking space.

18—Notice of CPI adjustment

This clause provides that the Commissioner must publish the CPI adjusted levy for a particular financial year on an appropriate website by 1 July of that financial year.

19—Levy first charge on land

This clause provides that an unpaid transport development levy is a first charge on the land on which the leviable parking space in respect of which the levy is payable is or was situated.

20—Power to sell land liable to levy

This clause outlines the process by which the Commissioner may give notice regarding transport development levy that is in arrears for 6 months or more, and the subsequent circumstances in which the Commissioner may apply to the Supreme Court for an order of sale of the land in respect of which the levy is payable to recover the amount of the levy.

21—Passing on levy

This clause outlines the circumstances in which an owner of leviable premises is entitled to recover transport development levy from an operator of a car park, an occupier of the land (including a lessee or a licensee) or a person who parks a motor vehicle on the leviable premises. It also outlines the circumstances in which an operator of a car park that includes leviable premises is entitled to recover transport development levy from a person who parks a motor vehicle on the leviable premises.

22—Anti-avoidance provision

This clause provides that the Commissioner may determine that an area or space is a leviable parking space as at 1 January in a particular financial year if the Commissioner considers that the area or space constitutes a leviable parking space on a regular basis, but that steps have been taken to change the circumstances applying in relation to the area or space in order to avoid the imposition of levy in relation to the area or space. The Commissioner's determination will have effect in accordance with its terms, and despite other provisions in this measure and the operation of the Taxation Administration Act 1996.

23—Regulations

This clause provides for the making of regulations by the Governor.

Schedule 1—Exempt parking spaces

1—Residential parking

This clause outlines the circumstances in which a parking space will be considered an exempt parking space for the purposes of the measure in relation to parking for residential purposes and at residential premises.

2—Parking for customers or suppliers of businesses

This clause outlines the circumstances in which a parking space used by customers or suppliers of businesses is an exempt parking space for the purposes of the measure.

3—Loading bays

This clause provides that a parking space is an exempt parking space for the purposes of the measure if it is set aside or used exclusively for the parking of a motor vehicle by a person engaged in loading or unloading passengers or goods, supplies or other items.

4—Hospitals

This clause outlines the circumstances in which a parking space located at the site of a hospital (as defined in the clause) is considered an exempt parking space for the purposes of the measure.

5—Disabled parking

This clause outlines the circumstances in which a parking space set aside or used exclusively for the parking of a motor vehicle displaying a disabled person's parking permit (as defined in the clause) will be considered an exempt parking space for the purposes of the measure.

6—Motor bike parking

This clause provides that a parking space is an exempt parking space if it is set aside or used exclusively for the parking of a motor bike, and is clearly identified as being for the parking of motor bikes.

7—Parking for emergency vehicles

This clause outlines the circumstances in which a parking space set aside or used exclusively for the parking of emergency vehicles is an exempt parking space for the purposes of the measure.

8—Parking for people attending special events

This clause outlines the circumstances in which a parking space set aside or used exclusively for the parking of a motor vehicle in conjunction with a particular special event (as defined in the clause) is considered an exempt parking space for the purposes of the measure.

9—Car sales displays and car service spaces

This clause provides that a parking space is an exempt parking space if it is set aside or used exclusively for the parking of a motor vehicle that is displayed or stored on the premises for the purpose of its being offered on the premises for sale or hire, or for the purpose of being serviced or repaired on the premises on which the space is situated or on adjoining premises.

10—Bus layovers

This clause provides that a parking space is an exempt parking space if it is set aside or used exclusively for the parking of a passenger bus during layover periods.

11—Limited numbers of parking spaces in 1 ownership

This clause outlines the circumstances in which a parking space located on a site where there are a limited number of parking spaces is an exempt parking space for the purposes of the measure.

12—Prescribed exemptions

This clause provides that a parking space is an exempt parking space if it falls within a class prescribed by regulations for the purposes of the Schedule.

Schedule 2—Amendments—transport development levy

Part 1—Amendment of Taxation Administration Act 1996

1—Amendment of section 3—Interpretation

This clause makes a consequential amendment to the definition of tax.

2—Amendment of section 4— Meaning of taxation laws

This clause makes a consequential amendment to the definition of taxation laws.

Schedule 3—Other budget measures

Part 1—Amendment of Education Act 1972

1—Amendment of section 5—Interpretation

This clause makes a consequential amendment.

2—Amendment of section 22—Interruption of service

This clause inserts new section 22(5) into the principal Act, disapplying section 22 in respect of officers of the teaching service to whom the new section 22A applies.

3—Insertion of section 22A

This clause inserts new section 22A into the principal Act.

The new section applies to certain officers of the teaching service as defined in new section 22A(11), being officers who are temporary teachers.

The new section sets out how the long service leave, and skills and experience retention leave, entitlements of these officers are to be determined.

The new section further sets out how the question of whether or not the service of the officers is continuous service is to be determined.

The new section also makes procedural provisions in respect of its operation, and confers a regulation making power enabling the regulations to make provisions of a savings or transitional nature.

4—Amendment of section 23—Transfer of teachers to other Government employment

This clause inserts new section 23(3) into the principal Act, clarifying that, in relation to the operation of the section, the question of continuity of service of officers to whom new section 22A applies is to be determined in accordance with new section 22A.

5—Amendment of section 24—Rights of persons transferred to the teaching service

This clause inserts new section 24(6) into the principal Act, disapplying section 24 in respect of officers to whom new section 22A applies.

Part 2—Amendment of First Home and Housing Construction Grants Act 2000

6—Amendment of section 3—Definitions

This clause inserts a definition of seniors housing grant, makes a consequential amendment to the definition of new home grant scheme and redefines residence requirement to include the residence requirement for seniors housing grants.

7—Amendment of section 5—Ownership of land and homes

This clause amends section 5 so that the Commissioner can impose appropriate conditions on the payment of a seniors housing grant to ensure its recovery if prescribed criteria about future conduct or events are not satisfied.

8—Amendment of section 7—Entitlement to grants

This clause amends section 7 to provide that seniors housing grants are payable if the requirements of new section 18BAC inserted by this measure are satisfied. It also ensures that only 1 seniors housing grant is payable in relation to a particular new home, and that such a grant is not payable if any other grant is payable under this Act in relation to the construction or purchase of the home.

9—Insertion of section 12B

This clause inserts a new section that sets out the criteria that apply to seniors housing grants.

12B—Criteria—seniors housing grant

This section provides that an applicant for seniors housing grant must be a person who has contracted to buy a new home, a person for whom a new home is being built, or an owner builder who is building a new home. The applicant must be a person of 60 or more years of age, or if there are 2 or more applicants, at least 1 of them must be 60 or more years of age and all of them must be natural persons. The applicant, or if there are 2 or more, at least 1 of the applicants, being a person of 60 or more years of age must occupy the home to which the application relates as his or her principal place of residence for a continuous period of at least 6 months or a shorter period approved by the Commissioner, commencing within 12 months after completion of the eligible transaction, or within a longer period approved by the Commissioner. A person is ineligible for a grant if their spouse or domestic partner has been a party to an earlier application for a seniors housing grant and the grant was paid. But an applicant is not ineligible if the grant was repaid due to a failure to comply with the residence requirement or any conditions on which the grant was made and any penalty amount payable under section 39 in relation to repayment has been paid.

10—Amendment of section 14—Application for grant

This clause amends section 14 so that it applies to an application for a seniors housing grant.

11—Amendment of section 17—Commissioner to decide applications

This clause amends section 17 so that the Commissioner is required to authorise the payment of a seniors housing grant if satisfied that it is payable on an application, and so that the Commissioner can authorise payment of such a grant before completion of an eligible transaction if satisfied there are good reasons for doing so and the State's interests can be adequately protected by conditions requiring repayment if the transaction is not completed within a reasonable time.

12—Insertion of section 18BAC

This clause inserts a new section that sets out how a seniors housing grant is to be calculated.

18BAC—Seniors housing grant

This section almost identical to section 18BAB except that it relates to seniors housing grants for eligible transactions on or after 1 July 2014 and before 30 June 2016 and requires eligible transactions for 'off-the-plan' purchases of new homes to be completed by 31 December 2017. The maximum market value of the home is the same as for a housing construction grant under section 18BAB and the amount of the seniors housing grant is calculated according to the same formula as for housing construction grants.

13—Amendment of section 18BB—Market value of homes

This clause amends section 18BB so that the market value of homes for which seniors housing grants are payable is calculated in accordance with the section.

14—Amendment of section 18C—Amount of grants must not exceed consideration

This clause amends section 18C so that a seniors housing grant can be adjusted to be equal to the amount of consideration for a home where, by virtue of such a grant, the total amount payable for the home would, but for section 18C, exceed the consideration of the eligible transaction.

15—Amendment of section 20—Payment in anticipation of compliance with residence requirement

This clause amends section 20 so that the Commissioner can authorise payment of a seniors housing grant in anticipation of compliance with the residence requirement.

16—Amendment of section 41—Protection of confidential information

This clause amends section 41 to allow protected information to be disclosed to let a person know whether a seniors housing grant has been paid in relation to a particular home.

17—Transitional provision

This clause makes provision to enable the amount of a seniors housing grant to be adjusted to take account of any ex gratia payment made by the State to provide for a seniors housing grant for the period between 1 July 2014 and the day on which this measure is assented to by the Governor.

Part 3—Amendment of Mining Act 1971

18—Amendment of section 17—Royalty

This amendment increases the royalty payable on extractive minerals to 55 cents per tonne.

19—Amendment of section 17E—Penalty for unpaid royalty

This amendment is consequential to the amendments to section 73E.

20—Amendment of section 73E—Royalty

Currently, royalty is only payable on extractive minerals recovered from a private mine. This clause amends section 73E to provide that royalty is also payable on other minerals recovered from a private mine if a relevant event occurs in relation to the private mine (and if a relevant event occurs in relation to a private mine, such royalty is payable only on those other minerals recovered from the mine on or after the day on which the relevant event occurs).

The clause provides that a relevant event occurs if, on or after 19 June 2014, there is a change in the proprietor of a private mine or the whole or any part of the right to carry out mining operations at a private mine.

The clause sets out further interpretive provisions relating to the meaning of a relevant event for the purposes of the section.

A consequential amendment is made to subsection (5).

21—Insertion of section 73EA

This clause inserts new section 73EA:

73EA—Notification of relevant event

This new section requires a person who becomes a proprietor of a private mine or acquires a right to carry out mining operations at a private mine as a result of a relevant event to give the Minister written notification, within a specified time frame of the event, of the intention to hold the event, including information about the event.

22—Amendment of section 73F—Passing of property in minerals

This amendment is consequential to the amendments to section 73E.

23—Transitional provision

This provision provides that the increase in the royalty on extractive minerals (to 55 cents per tonne) applies in relation to extractive minerals recovered on or after 1 July 2014.

Part 4—Amendment of Passenger Transport Act 1994

24—Insertion of Part 5A

It is proposed to insert a new Part after section 44 of the Passenger Transport Act 1994.

Part 5A—Special passenger services for events

44A—Interpretation

This new section inserts definitions necessary for the purposes of the proposed Part. In particular, a special passenger service means an alteration of an existing regular passenger service, whether—

by adding to, supplementing, replacing, delaying or diverting an existing regular passenger service; or

by waiving or reducing fares (or substituting some other form of consideration) for such a service; or

by any other means.

44B—Notification of event

If the manager of a venue in Metropolitan Adelaide at which an event is to be held expects at least 5,000 people to attend the venue during the period of the event or requires a special passenger service (or is of the opinion that a special passenger service may be required) for the purposes of the event, or there are reasonable grounds to expect that a special passenger service will be required for the purposes of the event, the manager must give the Minister written notice of the event within the required time frame. Notification under this section may be given instead by the organiser of the event if the manager of the venue so agrees.

44C—Planning for passenger services for events

New section 44C provides that the Minister may require the venue manager and the organiser of an event of which the Minister has been given notice to consult with the Minister for the purposes of determining whether a special passenger service should be provided in relation to the event. If the Minister determines (after consideration of certain matters) that a special passenger service should be provided for an event that is a commercial event, the Minister may, after consultation with both the manager and organiser, determine a fee to be paid by the manager for the provision of the service. Any such fee may be waived or reduced by the Minister or, should it not be paid, recovered as a debt.

44D—Power of Minister to charge fee in certain circumstances

New section 44D provides that if the Minister has not been notified of a commercial event as required under this new Part, or has been so notified but the manager of the venue at which the event is to be held fails to consult with the Minister as required, and a special passenger service is provided in relation to the event, the Minister may require the manager to pay a fee determined by the Minister for the provision of the service. Any such amount may be recovered as a debt from the manager.

44E—Recovery of costs by venue managers not prevented

New section 44E provides that nothing in this new Part prevents the manager of a venue from recovering, in the ordinary course of commerce, from the organiser of an event held at the venue any costs for which the manager may be liable under the Part.

Schedule 4—Substitution of short title

This clause provides for the repeal of proposed section 1 and the substitution of the short title of the measure on the commencement of this Schedule.

Debate adjourned on motion of Mr Gardner.

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