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Legislative Council - Fifty-First Parliament, Third Session (51-3)
2009-03-03 Daily Xml
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MOUNT GAMBIER HOSPITAL HYDROTHERAPY POOL FUND BILL

Committee Stage

In committee.

(Continued from 17 February 2009. Page 1256.)

Clause 3.

The Hon. J.A. DARLEY: I move:

Page 2—

Before line 8—Before the definition of 'Country Health SA' insert:

'Commissioner' means the Commissioners of Charitable Funds under the Public Charities Funds Act 1935;

Line 11 [clause 3, definition of 'Fund']—Delete 'of Charitable Funds'

The Hon. G.E. GAGO: The government is pleased to be able to support all the Hon. John Darley's amendments. The proposed amendments enable the Commissioners of Charitable Funds to continue to hold in trust the funds for the hydrotherapy pool until an alternative proposal is approved, to apply the funds to this proposal, to fulfil the other functions proposed for Country Health SA in relation to the advertising of an alternative proposal, and to return donations with interest.

The amendments are in keeping with the government's objectives for this bill, save that under these amendments the Commissioners of Charitable Funds have the significant responsibility and not Country Health SA. In the end, the same objective for the community is achieved, and the amendments are therefore supported by the government.

The Hon. S.G. WADE: The opposition also supports the Hon. John Darley's amendments.

The Hon. D.G.E. HOOD: I advise that Family First also supports the Hon. Mr Darley's amendments, and is pleased with the outcome.

Amendments carried; clause as amended passed.

Clause 4.

The Hon. J.A. DARLEY: I move:

Page 2, lines 19 to 27—Delete the clause

Amendment carried.

Clause 5.

The Hon. J.A. DARLEY: I move:

Page 3—

Line 2 [clause 5(1)]—Delete 'Country Health SA' and substitute:

Mount Gambier and Districts Health Advisory Council Inc

Lines 3 and 4 [clause 5(1)]—Delete 'in consultation with Mount Gambier and Districts Health Advisory Council Inc,'

Line 6 [clause 5(2)]—After 'with' insert:

Country Health SA and

Lines 7 and 8 [clause 5(2)]—Delete 'and may make such submissions as Mount Gambier and Districts Health Advisory Council Inc thinks fit to Country Health SA following such consultation'

Line 9 [clause 5(3)]—Delete 'Country Health SA must not implement' and substitute:

Notwithstanding any provision in the Public Charities Funds Act 1935 to the contrary, the Commissioners must not apply the remainder of the Fund in accordance with

Line 10 [clause 5(3)]—Delete 'Country Health SA' and substitute:

the Commissioners

Lines 11 and 12 [clause 5(3)(a)]—Delete 'having considered any submissions made under subsection (2), reasonably believes' and substitute:

reasonably believe

Line 14 [clause 5(3)(b)]—Delete 'considers' and substitute:

consider

Amendments carried; clause as amended passed.

Clause 6.

The Hon. J.A. DARLEY: I move:

Page 3—

Line 18 [clause 6(1)]—Delete 'implementing a funds proposal, Country Health SA' and substitute:

this Act, the Commissioners

Lines 22 and 23 [clause 6(1)(b)]—Delete 'Country Health SA' and substitute:

the Commissioners

Lines 26 and 27 [clause 6(1)(c)]—Delete 'Country Health SA' and substitute:

the Commissioners

Line 28 [clause 6(1)(d)]—Delete 'Country Health SA thinks' and substitute:

the Commissioners think

Line 30 [clause 6(2)(a)]—Delete 'Country Health SA is' and substitute:

the Commissioners are

Line 35 [clause 6(2)(b)]—Delete 'Country Health SA has, or is' and substitute:

the Commissioners have, or are

Line 37 [clause 6(2)]—Delete 'Country Health SA' and substitute:

the Commissioners

Amendments carried; clause as amended passed.

Clause 7.

The Hon. J.A. DARLEY: I move:

Page 4—

Line 3 [clause 7(1)]—Delete 'Country Health SA' and substitute:

the Commissioners

Line 5 [clause 7(1)(a)]—Delete 'Country Health SA' and substitute:

the Commissioners

Lines 7 and 8 [clause 7(1)(b)]—Delete 'Country Health SA in accordance with the policy referred to in subsection (2)' and substitute:

the Commissioners

Lines 9 to 11 [clause 7(2)]—Delete subclause (2) and substitute:

(2) Subsection (1) has effect notwithstanding any provision in the Public Charities Funds Act 1935 to the contrary.

Line 12 [clause 7(3)]—Delete 'Country Health SA' and substitute:

The Commissioners

Amendments carried; clause as amended passed.

Clause 8.

The Hon. J.A. DARLEY: I move:

Page 4—

Line 16 [clause 8(1)]—Delete 'Country Health SA' and substitute:

Subject to section 5(3), the Commissioners

Lines 19 and 20 [clause 8(2)]—Delete subclause (2)

Amendments carried; clause as amended passed.

Clause 9.

The Hon. J.A. DARLEY: I move:

Page 4, lines 22 and 23— Delete 'revocation of the trust established under section 4' and substitute:

the application of the remainder of the Fund in accordance with this Act

Amendment carried; clause as amended passed.

Title passed.

Bill reported with amendments.

Third Reading

Bill read a third time and passed.

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