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House of Assembly - Fifty-Fourth Parliament, First Session (54-1)
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Bills

Associations Incorporation (Miscellaneous) Amendment Bill

Second Reading

Adjourned debate on second reading.

(Continued from 31 July 2019.)

Mr PICTON (Kaurna) (11:03): It is my privilege to speak on the Associations Incorporation (Miscellaneous) Amendment Bill 2019. I indicate that I am the lead speaker. It is great to be back here in the parliament after the break. It has been a break filled with a lot of debate about legislation, a lot of discussion about what the government is proposing and a bit of internal strife for the government. We come back here to parliament, and the bill that we are dealing with is all of one page long—just one page long. This is the most minor sort of amendment you could imagine.

This is the extent of the government's key legislative agenda that they are seeking to pursue after five weeks off from this parliament, which goes to say a lot about this government. I indicate that Labor will be supporting this very minor piece of tidying-up legislation. It seeks to modernise the administration of the Associations Incorporation Act by removing the need for statutory declarations when lodging an application for the incorporation of an association and when applying for registration of a change in the rules of an incorporated association.

We are advised that this change brings South Australia into line with other jurisdictions and also allows Consumer and Business Services more flexibility to allow those applications to be made through online forms and email. The bill seeks to modernise service upon incorporated associations by allowing service by email. Currently, this legislation only allows service of physical documents, which in 2019 is a bit outdated.

We have been advised by the department that 'there is no specific problem with the current traditional methods of service'. However, we agree that service should be possible through other means, such as email. We have had a briefing, but there are a number of different questions. I am happy to read these out and put them on the record. Perhaps the Attorney-General could seek to respond to them between the houses, rather than us having to go into committee for such a minor piece of tidying-up legislation.

Which stakeholders were consulted? What was the position of those stakeholders? Could the submissions provided by stakeholders be supplied to the opposition? When does the government envisage the bill will come into force? Why do you consider the requirement to submit a statutory declaration when a person applies to incorporate an association can be removed? Who requested this amendment and why? Were there any concerns raised about this amendment? If so, by whom and what were the concerns?

Additionally, in terms of what protections there will be, is there any risk of somebody fraudulently emailing CBS and requesting details that otherwise would have security in the previous legislation? Why do you consider that the requirement to submit a statutory declaration when an application to amend the rules of an incorporated association is made can be removed from the legislation? Who requested that amendment and why? In relation to clause 5, who requested that amendment and why? Were any concerns raised about that amendment? If so, by whom and what were the concerns?

As I said, I am happy for the Attorney-General to take those questions on notice and respond to us between the houses, rather than having to go into committee for such a minor, tiny amendment. I am quite shocked that, given that this is a party in government that was in opposition for 16 years and we have just had a six-week break, this is the extent of their key legislative priority that they wanted to bring on first after the break after six weeks off, this tiny little amendment to the act that is not really going to make much difference. It will make things slightly easier for some people when doing a tiny, little bit of paperwork, but it is hardly the strong plan for real change that the people of South Australia were promised at the last election.

The Hon. V.A. CHAPMAN (Bragg—Deputy Premier, Attorney-General) (11:07): I thank the opposition for their contribution to the bill in indicating their support. I note that there are some matters that they would seek clarification on between the houses. We are happy to follow up those matters, and whatever might be available for provision we will attend to that. The contribution seems to be a criticism of the purpose of the bill, which I remind members is to realise the benefits of technology upgrades in managing data and government arrangements. For some 20,000 not-for-profit incorporated associations, this is an important matter. It is important that we be contemporary. It is important—

Mr Picton: They have been knocking down our door talking about it.

The SPEAKER: Order!

The Hon. V.A. CHAPMAN: —that as a government we listen to that. It is important that we remedy legislation that is inadequate for the purposes of continued operation, so I am a little disappointed at the member's culminating contribution in relation to this. Notwithstanding that, of course we appreciate their support and, as indicated, we will do the best we can to provide the information that has been sought. That which can be made available will be made available. I otherwise commend the bill to the house.

I confirm that we have an adviser present, who is here if there are technical questions that members wish to ask, although I am assuming at this point, given the opposition's spokesperson's contribution, that he is not necessarily seeking to do that today. I confirm for the benefit of other members that we have someone present should there be any questions as to consultation, drafting, application and general implementation of the bill.

Bill read a second time.

Third Reading

The Hon. V.A. CHAPMAN (Bragg—Deputy Premier, Attorney-General) (11:10): I move:

That this bill be now read a third time.

Bill read a third time and passed.

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