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Legislative Council - Fifty-Second Parliament, First Session (52-1)
2010-09-30 Daily Xml
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STATUTES AMENDMENT (BUDGET 2010) BILL

Introduction and First Reading

Received from the House of Assembly and read a first time.

Second Reading

The Hon. P. HOLLOWAY (Minister for Mineral Resources Development, Minister for Urban Development and Planning, Minister for Industrial Relations, Minister Assisting the Premier in Public Sector Management) (17:52): 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.

This Bill introduces legislative amendments required to implement budget improvement measures that have been announced as part of the 2010-11 Budget.

This Bill amends the Education Act 1792, Public Sector Act 2009, Technical and Further Education Act 1975, Petroleum Products Regulation Act 1995, First Home Owner Grant Act 2,000, Motor Vehicles Act 1959, Passenger Transport Act 1994, Private Parking Areas Act 1986, Road Traffic Act 1961, Radiation Protection and Control Act 1982, Environment Protection Act 1993 and the Payroll Tax Act 2009.

This Bill will amend the Education Act 1792, Public Sector Act 2009 and Technical and Further Education Act 1975 to introduce reform of current public sector long service leave arrangements.

Under current provisions, an employee accrues an entitlement to long service leave at the rate of 9 calendar days for each completed year of effective service for the first 15 years of service and 15 calendar days for each subsequent completed year of effective service.

From 1 July 2011, all state public sector employees will accrue long service leave at the rate of 9 calendar days for each completed year of service with the rate no longer increasing after 15 years of completed service. This initiative does not affect long service leave entitlements that accrue before 1 July 2011.

This initiative provides savings of $90.7 million over three years and will bring state public sector employee long service leave entitlements more in line with those of the majority of the South Australian workforce.

This Bill will further amend the Public Sector Act 2009 to introduce alternate arrangements to current employee recreation leave loading entitlements.

As part of the 2010-11 Budget initiatives, recreation leave loading for specified public sector employees will be replaced with an additional recreation leave entitlement of two days per annum.

Public sector employees employed as shift workers or seven day week workers, employed under the Police Act 1998, Protective Security Act 2007, Children's Service Act 1985, Education Act 1972, Technical and Further Education Act 1975, Fire and Emergency Service Act 2005 and employees classified as a disability services officer, health ancillary employee or a registered health practitioner will continue to receive recreation leave loading. From 1 July 2012, all other eligible public sector employees will receive an extra two days recreation leave (pro rata for part time) in substitution for payment of recreation leave loading.

This initiative will provide savings of $46.6 million over two years.

This Bill will amend the Petroleum Products Regulation Act 1995 to abolish the petrol subsidy scheme from 1 January 2011.

Petrol subsidies were introduced in South Australia following the invalidation of franchise fee arrangements by the High Court in August 1997.

Subsidies were applied in designated rural areas to offset the difference between the higher replacement Commonwealth excise surcharge (which due to Constitutional limitations cannot be applied at different rates of excise in each State) and the zonal petrol franchise fees which had previously been applied.

Current subsidy rates in the Petroleum Products Regulation Act 1995 range from 0.66 cents per litre for leaded petrol in Zone 2, which consists of the area 50 kilometres to 100 kilometres from Adelaide GPO, excluding the Yorke Peninsula, to 3.33 cents per litre for unleaded petrol in Zone 3 which covers areas more than 100 kilometres from the Adelaide GPO and includes the Yorke Peninsula.

This initiative is expected to provide savings to the state budget of $49.8 million over four years and will bring South Australia in line with New South Wales, Victoria, Queensland and Tasmania who all have abolished their petrol subsidy schemes.

This Bill amends the First Home Owner Grant Act 2,000 to introduce a property cap of $575,000 on the market value of properties eligible for the First Home Owner Grant. The cap will be introduced for eligible transactions entered into on or after 17 September 2010.

The First Home Owner Grant was introduced on 1 July 2,000 to offset some of the additional building and construction costs associated with the introduction of the GST and in so doing, has assisted first home buyers to gain access to the housing market.

The new Intergovernmental Agreement on Federal Financial Relations (IGA) signed in December 2008 allows States and Territories to impose a cap on the market value of homes eligible for the First Home Owners Grant. The cap cannot be less than 1.4 times the relevant jurisdiction's capital city median house price. The Adelaide median house price as at the June quarter 2010 was $410,000. Accordingly, a cap of $575,000 is consistent with IGA requirements.

The cap is over two times the median value of first homes purchased in South Australia, which was around $285,000 in the June quarter 2010. It is estimated that only around 2 per cent of first home purchases will be ineligible for the grant due to the introduction of the $575,000 cap. This equates to around 280 first home buyers per annum (for a full year) over the forward estimates.

The amendments provide for regulations to enable the cap to be adjusted over time.

New South Wales, Victoria, Queensland, Western Australia and the Northern Territory have all imposed a cap on properties eligible for the First Home Owner Grant.

This initiative is expected to achieve savings for the state budget of $7.4 million over four years.

This Bill further amends the First Home Owner Grant Act 2,000 to increase the first home bonus grant from $4,000 to $8,000 and retarget it to first home buyers who build or purchase a newly constructed home. First home buyers who purchase an existing home will no longer qualify for the bonus grant but will remain eligible for the $7,000 First Home Owner Grant. The new arrangements will apply to eligible transactions entered into on or after 17 September 2010.

The first home bonus grant was announced in the 2008-09 Budget. Under existing arrangements, first home owners who purchase a home valued up to $400,000 receive a bonus grant of $4,000. The bonus grant phases out for first home purchases valued between $400,000 and $450,000.

Under the new arrangements, first home owners who purchase or build a newly constructed home valued up to $400,000 will receive the full bonus grant of $8,000. The bonus phases out for newly constructed homes valued between $400,000 and $450,000.

The first home bonus grant is in addition to the existing $7,000 First Home Owner Grant.

It is anticipated that limiting the first home owner bonus grant to newly constructed homes (for a full year) will result in around 1500 first home buyers being eligible for the full bonus grant, with a further 165 first home buyers entitled to a partial bonus grant in 2010-11. This compares to around 9,000 first home buyers that would have received the bonus grant in some form under the current arrangements.

This initiative is expected to provide savings to the state budget of $76.9 million over four years.

This Bill will also amend the Motor Vehicles Act 1959 to abolish the use of registration labels for light vehicles and secondly to introduce registration renewal period reform which will reduce the motor vehicle registration renewal options from four to two in relation to the frequency of customers' registration renewal.

Discontinuing the use of registration labels for light motor vehicles will deliver savings of approximately $5.7 million over three years. Operational efficiencies will be generated through a reduction in production, postage and processing costs, as well as through a greater proportion of people renewing online.

A new defence will be introduced for drivers who are detected driving an unregistered vehicle if they did not know and could not reasonably be expected to have known that the vehicle was unregistered. Information about the registration status of the vehicle will be available to the general public over the internet and a dedicated telephone line. To reinforce the responsibility of the owner to ensure the vehicle is registered, the existing owner offence of leaving an unregistered vehicle standing on a road is expanded to include where the vehicle is driven. It will be a defence for the owner if they can prove that they took reasonable steps to ensure that any person lawfully entitled to use the vehicle would have been aware that the vehicle was unregistered. In both defences, what is reasonable will depend on the circumstances.

The second component of this amendment, reducing renewal period options for motor vehicle registration, will deliver a net benefit of $10.1 million over three years. The present renewal options of six and nine months will be discontinued from 1 July 2011. Motorists will continue to have the option of renewing their car registration for either three months or twelve months. The reduction of renewal periods from four to two is consistent with the registration renewal offerings in interstate registration and licensing jurisdictions.

Amendments to the Road Traffic Act 1961, Passenger Transport Act 1994 and the Private Parking Areas Act 1986 have been made as a consequence of these changes to the Motor Vehicles Act 1959.

This Bill amends the Radiation Protection and Control Act 1982 to allow the addition of new activities to the schedule of activities requiring licence and/or registration. Amendments have also been included that allow the prescription of fees for the new activities. The Government will recover costs of $2.6 million over three years from 2011-12 through the inclusion of new licence requirements and by increasing radiation licence and registration fees. The current fees for administration, compliance and enforcement of radiation licences and registrations do not cover the cost of providing these services.

This Bill amends the Environment Protection Act 1993 to provide for the Environment Protection Authority's sustainability licence initiative. Under the initiative a licensee who meets the eligibility requirements set out in the Act, including a commitment to sustainable practices and an open consultation program with the community, may apply for endorsement of the licence as a sustainability licence. The amendment provides for fees to be payable for the application and endorsement and on an annual basis as prescribed by the regulations.

This Bill also provides employers with an exemption from payroll tax on wages paid or payable to apprentices and trainees from 1 July 2010, consistent with the Government's announcement during the 2010 election campaign.

The current rebate arrangements create red tape for business and a payroll tax exemption will make it easier to do business in South Australia.

South Australia previously provided a payroll tax rebate to payroll tax liable employers of apprentices/trainees. The payroll tax trainee rebate for non-Group Training Organisation (GTO) employers was 80 per cent. A higher rebate rate of 98 per cent applied to GTOs in respect of apprentices/trainees they supplied to small businesses. The payroll tax trainee rebate was available for apprentices/trainees were less than 25 years of age at the time of the training contract commencement and was limited to only one training contract undertaken with the same employer. The payroll tax trainee rebate scheme, which was an administrative scheme, ceased from 30 June 2010.

This Bill provides that wages paid or payable to an apprentice or trainee are exempt wages if paid or payable:

by an approved GTO; or

by an employer if the apprentice or trainee is undertaking training under—

a school-based training contract; or

an initial training contract between the employer and the apprentice or trainee; or

a training contract entered into prior to 1 July 2010 that is current on that date.

There is no age restriction and the exemption will apply to all apprentices and trainees who undertake an approved training contract in accordance with the criteria set out above.

In recognition of the unique circumstances associated with school-based trainees, a school-based traineeship/apprenticeship will not be considered an initial contract of training. An employee who undertakes a school-based traineeship and subsequently undertakes a further apprenticeship/traineeship with the same employer will continue to qualify for the payroll tax exemption while undertaking that subsequent contract of training.

The Commissioner may approve an organisation as a GTO for the purpose of administering the exemption after taking into account relevant industry standards and practices associated with group training organisations.

In 2008-09, 550 employers received a payroll tax trainee rebate. It is anticipated that a greater number of employers will benefit from the abolition of payroll tax on wages for apprentices and trainees as the exemption will apply to apprentices and trainees regardless of their age.

The exemption will apply retrospectively from 1 July 2010.

RevenueSA has been administering the Payroll Tax Act 2009 as if the exemption came into effect from 1 July 2010, and will continue to administer the legislation on this basis pending the Bill being passed by Parliament.

This exemption will provide tax relief to businesses of around $79.7 million over the next four years.

Explanation of Clauses

Part 1—Preliminary

1—Short title

This clause is formal.

2—Commencement

This clause sets out the arrangements for the commencement of various parts of this measure.

3—Amendment provisions

This clause is formal.

Part 2—Amendment of Education Act 1972

4—Amendment of section 19—Long service leave

The rate of long service leave for any service occurring after the first 7 years of service will be 0.75 day's leave for each completed month of effective service. This amendment will apply from 1 July 2011.

5—Transitional provision

The amendment made to the Education Act 1972 in relation to the rate of accrual of long service leave will not affect an entitlement to long service leave or a payment in lieu of long service leave that accrues before 1 July 2011.

Part 3—Amendment of Environment Protection Act 1993

6—Amendment of section 11—Establishment of Authority

Section 11 precludes the Authority being subject to the direction of the Minister in relation to environmental authorisations and the amendment extends this to sustainability licence endorsements.

7—Insertion of Part 6A

A new Part is inserted into the Act.

Part 6A—Sustainability licence endorsements

57A—Requirement for endorsement of licence

The scheme is about a licensee being awarded the privilege of holding the licence out as a 'sustainability licence' in recognition of the licensee putting in place certain extraordinary environment protection measures. This section establishes the fundamental premise of the privilege by making it an offence for a person to represent that a licence is a sustainability licence, or permit another person to do so, unless the licence is endorsed as a sustainability licence under this Part.

57B—Applications for endorsements

The application procedure for an endorsement is similar to that for other applications under the Act.

57C—Endorsement of licences

The Authority is authorised to endorse a licence as a sustainability licence on payment of a fee if the licensee has undertaken—

to implement, within a period agreed with the Authority, specific and substantial measures agreed with the Authority designed, in connection with the activities authorised by the licence—

to protect, restore or enhance the environment beyond standards required by or under the Act; and

to facilitate consultation with the community and deal with complaints; and

to facilitate auditing of the implementation of the measures in accordance with an auditing programme agreed with the Authority; and

to review and renegotiate the measures and auditing programme in good faith from time to time in accordance with a review programme agreed with the Authority; and

to implement the measures, and facilitate auditing of implementation of the measures, as renegotiated following review.

Other requirements may be specified by regulation. It is contemplated that the Authority might also make undertakings to provide support to the licensee in the implementation of the measures. The undertakings are not enforceable.

57D—Term and renewal of endorsements

An endorsement is to run with the licence. Information about the measures forming the basis of an endorsement must be included in any application for renewal of a licence endorsed as a sustainability licence.

57E—Annual fees and returns

The regulations may impose an additional annual fee for a licence endorsed as a sustainability licence. An annual return for a licence endorsed as a sustainability licence is required to include information about the measures forming the basis of the endorsement.

57F—Transfer of endorsements

If a licence is transferred, an endorsement may be transferred with the approval of the Authority given on the same basis as would apply if the transferee were an applicant for an endorsement.

57G—Suspension or revocation of endorsements

The Authority may revoke an endorsement if—

the holder of the licence acts contrary to an undertaking forming the basis of the endorsement; or

the Authority is unable to reach agreement with the holder on the renegotiation of the measures or auditing programme.

Other grounds for revocation may be specified by regulation.

A licensee may require the revocation of an endorsement.

Suspension, cancellation or surrender of the licence flows through to the endorsement.

8—Amendment of section 106—Appeals to Court

The appeal provision is amended to provide for an appeal to the Court against a decision of the Authority to refuse to endorse a licence as a sustainability licence or to revoke or refuse to approve the transfer of such an endorsement.

9—Amendment of section 109—Public register

The provision governing the public register is amended so that details of endorsements and applications for endorsements are included on the register.

10—Transitional provision

The sustainability licences already issued by the Authority are converted by this clause into sustainability endorsements

Part 4—Amendment of First Home Owner Grant Act 2,000

11—Amendment of section 3—Definitions

Definitions of two terms, new home and substantially renovated home, are to be removed from section 13A and inserted into the list of definitions that apply for the purposes of the whole Act. This is because these terms are now to be used in new section 18BA in addition to section 13A.

12—Amendment of section 7—Entitlement to grant

Under section 7 as amended by this clause, a first home owner grant will not be payable on an application under the Act if—

the commencement date of the eligible transaction for which the grant is sought is on or after 17 September 2010; and

the market value of the home to which the transaction relates exceeds $575,000.

(If an amount other than $575,000 is prescribed by regulation for the purposes of the section, that prescribed amount applies instead of $575,000.)

13—Amendment of section 13A—Special eligible transactions

The definitions of new home and substantially renovated home are to be removed from section 13A and placed in section 3.

14—Amendment of section 18B—Bonus grant for transactions before 17 September 2010

This clause amends section 18B, which provides for an increase in the amount of a home owner grant in certain circumstances, by limiting the operation of the section to transactions with a commencement date that is before 17 September 2010.

This clause also removes a number of subsections relating to the determination of the market value of a house. These provisions are to be included in new section 18BB, which will set out the method for determining the market value of a house for the purposes of sections 7, 18B and 18BA.

15—Insertion of sections 18BA and 18BB

This clause inserts two new sections.

18BA—Bonus grant for transactions on or after 17 September 2010

Section 18BA provides for an increase in the amount of a first home owner grant if—

the commencement date of the eligible transaction is on or after 17 September 2010; and

the transaction relates to a contract for the purchase of a new home, a comprehensive home building contract or the building of a new home by an owner builder; and

the market value of the home is less than $450,000.

The amount of the bonus grant will, if the market value of the home does not exceed $400,000, be $8,000. If the market value of the home exceeds $400,000, the amount of the bonus grant is to be determined in accordance with a formula set out in the section.

18BB—Market value of homes

This section specifies the method for determining the market value of a home for the purposes of sections 7, 18B and 18BA. The section repeats the method that was previously set out in section 18B.

16—Amendment of section 18C—Amount of grant must not exceed consideration

The amendment made by this clause is consequential.

17—Transitional provision

Under this clause, the amount of a first home owner grant paid to a person who is not entitled to the grant because of the retrospective operation from 17 September 2010 of new subsection (1a) of section 7, which imposes the cap of $575,000, will be recoverable from the person as a debt due to the State. This clause also provides for the recovery of a first home bonus grant paid to a person under section 18B of the Act if the payment was made in respect of an eligible transaction with a commencement date that is on or after 17 September 2010.

Also, if a person is entitled to a first home bonus grant under new section 18BA, but the person has received an ex gratia benefit in order to provide the bonus grant, the amount of the person's entitlement under section 18BA is to be reduced by the amount of the ex gratia payment.

Part 5—Amendment of Motor Vehicles Act 1959

18—Amendment of section 9—Duty to register

This clause amends section 9 of the Act so that the defence in subsection (2) will only apply to a heavy vehicle and to insert a new defence for drivers of light vehicles (who are not the registered owner or the registered operator) if the defendant proves that he or she did not know and could not reasonably be expected to have known, that the vehicle was unregistered. The provision also extends the owner offence in section 9(3) to make the owner liable where an unregistered vehicle is driven on a road (currently that offence only applies to a vehicle left standing on a road). Proposed subsection (4a) however provides a defence for the owner where the vehicle was not driven or left standing on the road by the owner and the owner had taken reasonable steps to ensure that any person lawfully entitled to use the motor vehicle would have been aware that the vehicle was unregistered. In addition, the definition of owner in section 9 is amended to exclude persons who merely take a vehicle on hire.

19—Amendment of section 16—Permits to drive vehicles without registration

This clause amends section 16 to remove the reference to registration labels for light vehicles.

20—Amendment of section 24—Duty to grant registration

This clause amends the registration periods for light vehicles to delete the 6 month and 9 month options.

21—Amendment of heading

This clause amends a heading to reflect the fact that registration labels will only be issued for heavy vehicles.

22—Amendment of section 48—Registration label

This clause amends section 48 to remove the reference to certificates of registration and to make the provisions about registration labels apply only to heavy vehicles.

23—Amendment of section 50—Permit to drive pending receipt of registration label

24—Amendment of section 52—Return or destruction of registration labels

These clauses make amendments to reflect the fact that registration labels will only be issued for heavy vehicles.

25—Amendment of section 56—Duty of transferor on transfer of vehicle

26—Amendment of section 57—Duty of transferee on transfer of vehicle

27—Amendment of section 58—Transfer of registration

These clauses replace references to the certificate of registration with references to prescribed documents.

28—Amendment of heading

29—Amendment of section 71A—Property in plates, labels and documents

30—Substitution of section 71B

These clauses are consequential to clauses 25, 26 and 27.

31—Amendment of section 102—Duty to insure against third party risks

This clause proposes amendments to section 102 of the Act (which deals with uninsured vehicles) that correspond to the amendments proposed in relation to section 9 of the Act (which deals with unregistered vehicles).

32—Repeal of section 103

Section 103 is deleted as it would no longer be necessary.

33—Amendment of section 116—Claim against nominal defendant where vehicle uninsured

This clause amends section 116(7c)(b) to make the wording consistent with the wording of the new defence in section 102.

34—Amendment of section 124—Duty to co-operate with insurer

This clause replaces a reference to the certificate of registration or permit with a reference to prescribed documents.

35—Amendment of section 131—Insurance by visiting motorists

This clause deletes a reference to a certificate of registration.

36—Amendment of section 142—Facilitation of proof

This clause is amended to reflect the fact that registration labels will only be issued for heavy vehicles.

37—Amendment of section 145—Regulations

This clause amends the regulation making power to allow the regulations to prescribe documents (for the purposes of those sections that will now refer to prescribed documents), to allow the Registrar to issue, and charge for, documents relating to registration or to particulars of registration where such documents may be necessary for any purpose and to provide offences.

38—Insertion of Schedule 1

This clause inserts a Schedule making special provision in relation to camera detected registration offences. This is consequential to the proposed amendments to section 79B of the Road Traffic Act 1961.

39—Transitional provisions

This clause provides a transitional provision to ensure that, after commencement of the measure, offences in the Motor Vehicles Act relating to registration labels won't apply to labels issued for light vehicles before commencement. In addition, transitional provisions are included to deal with the removal of registration offences from section 79B of the Road Traffic Act and the enactment of Schedule 1 of the Motor Vehicles Act.

Part 6—Amendment of Passenger Transport Act 1994

40—Amendment of section 63—Registration of prescribed passenger vehicles

This clause amends the Passenger Transport Act 1994 consequentially to the amendments to the Motor Vehicles Act 1959 relating to registration labels and also deletes an obsolete reference to section 55 of the Motor Vehicles Act 1959.

Part 7—Amendment of Payroll Tax Act 2009

41—Amendment of Schedule 2—South Australia Specific Provisions

This clause provides for another category of exemption under Part 3 of Schedule 2 of the Act. Under this new clause, wages paid or payable to an apprentice or trainee by a group training organisation approved by the Commissioner, or where the apprentice or trainee is undertaking training under various categories of training contracts (as specified under this provision), will be taken to be exempt wages. It will also be possible to add to the categories of training contracts in relation to which the exemption applies by regulation.

42—Transitional provision

This clause provides that a regulation made for the purposes of new section 10A (inserted by clause 41) may take effect from 1 July 2010 or a later date.

Part 8—Amendment of Petroleum Products Regulation Act 1995

43—Amendment of section 4—Interpretation

This clause removes the definition of bulk end user from section 4. The term is relevant only in relation to the subsidy scheme and is therefore no longer required. A consequential amendment is also made to the definition of condition.

44—Repeal of section 4B

This clause repeals section 4B, which sets out the meaning of bulk end user and includes other provisions relating to that term.

45—Repeal of section 5

Section 5 provides for the division of South Australia into three zones. This division is only required for the purposes of Part 2A of the Act, which provides for subsidies and is to be repealed by clause 48. Section 5 is therefore repealed by this clause.

46—Amendment of section 8—Requirement for licence

Section 8 prohibits a person from selling petroleum products by retail sale or wholesale unless authorised to do so under a licence. The prohibition does not apply in relation to the sale of products by a person as a bulk end user. This clause amends section 8 by removing the bulk end user exception.

47—Amendment of section 11—Conditions of licence

Section 11(2)(ga) provides that licence conditions may include conditions relevant to the subsidy paid or payable under the Act in relation to a quantity of eligible petroleum products. As a subsidy is not longer to be available under the Act, this clause amends section 11 by removing paragraph (ga).

48—Repeal of Part 2A

Part 2A deals with the subsidy to which licence holders are currently entitled in certain circumstances. This clause repeals Part 2A.

49—Amendment of section 44—Powers of authorised officers

50—Amendment of section 47—Appeals

51—Amendment of section 50—Register

The amendments made by these clauses are consequential on other amendments to the Act that remove provisions relating to subsidies and bulk end user certificates.

52—Amendment of section 53—Records to be kept

This clause amends section 53 to in order to provide a definition of certificate. The existing definition is to be removed from section 4 because of the repeal of Part 2A. For the purposes of the section, a certificate is a bulk end user certificate issued under Part 2A before the repeal of the Part.

53—Amendment of section 53A—Falsely claiming to hold licence or permit etc

54—Amendment of section 56—Confidentiality

The amendments made by these clauses are consequential on other amendments to the Act that remove provisions relating to subsidies and bulk end user certificates.

55—Amendment of section 62—Evidence

This clause amends section 62 in order to provide a definition of certificate. The existing definition is to be removed from section 4 because of the repeal of Part 2A. For the purposes of the section, a certificate is a bulk end user certificate issued under Part 2A before the repeal of the Part.

56—Transitional provision

The transitional provision provides that the amendments made by the amending Act do not affect entitlements that arose under Part 2A before the repeal of that Part. The amendments also do not affect the Commissioner's right under section 23 to require the payment or repayment of an amount. A person's right to appeal against a decision of the Commissioner on a claim for a subsidy, or a decision to issue a notice seeking a payment or repayment, is also preserved.

Part 9—Amendment of Private Parking Areas Act 1986

57—Amendment of section 8—Offences—driver and owner to be guilty

This clause amends the Private Parking Areas Act 1986 consequentially to the amendments to the Motor Vehicles Act 1959 relating to registration labels.

Part 10—Amendment of Public Sector Act 2009

58—Amendment of section 51—Hours of duty and leave

This clause makes it clear that a right to recreation leave for employees to whom Part 7 of the Act applies will be subject to the operation of proposed Schedule 1A.

59—Insertion of section 73A

An entitlement to a leave loading allowance for recreation leave for public sector employees, other than categories of employees excluded under the new arrangements, is to be replaced with an entitlement to additional recreation leave that will accrue at the rate of ⅙ days leave for each completed month of service in accordance with the provisions of Schedule 1A. This measure is to apply from 1 July 2012 (the prescribed date under Schedule 1A).

60—Amendment of Schedule 1—Leave and working arrangements

The rate of accrual of an entitlement to long service leave under the Act will be 9 calendar days for each completed year of effective service (with no increase in the rate after 15 years of service). This amendment will apply from 1 July 2011.

61—Insertion of Schedule 1A

This Schedule sets out the new arrangements with respect to leave loading for certain public sector employees.

62—Transitional provision

The amendment made to the Public Sector Act 2009 in relation to long service leave entitlements will not affect an entitlement to long service leave or a payment in lieu of long service leave that accrues before 1 July 2011 (including so as to accrue leave for completed months of service occurring before 1 July 2011).

Part 11—Amendment of Radiation Protection and Control Act 1982

63—Amendment of section 5—Interpretation

This clause amends section 5 to insert or update various definitions and to make other minor changes to the section.

64—Insertion of section 23A

This clause inserts new section 23A.

23A—Licence to test for developmental purposes

This section requires a person to hold a licence granted by the Minister if the person carries out developmental testing operations involving or in relation to mining or mineral processing where a prescribed radioactive substance is present.

The maximum penalty for carrying out unlicensed operations is $50,000 or imprisonment for 5 years.

The section does not apply to operations of a prescribed class.

Before granting a licence the Minister must be satisfied that proposed operations would comply with the regulations.

The section provides for the payment of application fees and annual licence fees and for the recovery of those fees.

65—Amendment of section 24—Licence to carry out mining or mineral processing

This clause amends section 24 to require a person to hold a licence granted by the Minister if the person carries out operations for or in relation to mining or mineral processing where a prescribed radioactive substance is present, or will be produced.

Operations in relation to mining or mineral processing include—

establishing, operating or decommissioning any facilities associated with mining or mineral processing;

operations for the rehabilitation of land on account of the impact of any operations associated with mining or mineral processing;

other operations brought within the ambit of the section by the regulations.

A prescribed radioactive substance is a radioactive substance that contains more than the prescribed concentrations of any naturally occurring radioactive element or compound.

The maximum penalty for carrying out unlicensed operations is $50,000 or imprisonment for 5 years.

The section provides for the payment of application fees (as well as annual licence fees) and for the recovery of those fees.

66—Amendment of section 26—Limits of exposure to ionising radiation for mining or mineral processing operations not to be more stringent than limits fixed under certain codes etc

This clause amends section 26 so that it applies in relation to mining and mineral processing.

67—Amendment of section 28—Licence to use or handle radioactive substances

This clause amends section 28 to make it clear that the Minister is the licensing authority for licensing persons to use or handle radioactive sources. The clause also provides for the payment of an application fee on an application for a licence under the section.

68—Amendment of section 29—Registration of premises in which unsealed radioactive substances are handled or kept

This clause amends section 29 to make it clear that the Minister is the registration authority for the registration of premises in which unsealed radioactive substances are handled or kept. The clause also provides for the payment of an application fee on an application for registration.

69—Insertion of section 29A

This clause inserts a new section relating to radiation facilities.

29A—Facilities licence

This section requires a person to hold a licence granted by the Minister if the person prepares a site for, or constructs, establishes, controls, operates, manages, decommissions, disposes of or abandons, a radiation facility.

The section applies to radiation facilities of a prescribed class where a radiation source is produced, processed, used, handled, stored, disposed of or otherwise managed.

The section does not apply to persons of a prescribed class.

The maximum penalty for carrying out unlicensed activities is $100,000.

Before granting a licence, the Minister must be satisfied of the following:

that the applicant is a fit and proper person to hold a licence under the section;

that the applicant has appropriate knowledge of the principles and practices of radiation protection to undertake the role or to carry out the activities to which the licence is related;

that the facility and any relevant operations comply, or will comply, with the regulations.

The section provides for the payment of application fees and annual licence fees and for the recovery of those fees.

70—Amendment of section 30—Registration of sealed radioactive source

This clause amends section 30 to make it clear that the Minister is the registration authority for the registration of sealed radioactive sources. The clause also provides for the payment of an application fee on an application for registration.

71—Amendment of section 31—Licences to operate radiation apparatus

This clause amends section 31 to make it clear that the Minister is the licensing authority for the licensing of persons to operate radiation apparatus. The clause also provides for the payment of an application fee on an application for a licence.

72—Amendment of section 32—Registration of radiation apparatus

This clause amends section 32 to make it clear that the Minister is the registration authority for the registration of radiation apparatus. The clause also provides for the payment of an application fee on an application for registration.

73—Insertion of Part 3 Divisions 3A and 3B

Division 3A—Licence to possess a radiation source

33A—Licence to possess a radiation source

This section requires a person to hold a licence granted by the Minister if the person is in possession of a radiation source.

A radiation source is a sealed radioactive source, unsealed radioactive substance or radiation apparatus, or any equipment, object, article or thing that emits or may emit ionising or non-ionising radiation when energised.

The maximum penalty for unlicensed possession is $100,000.

Before granting a licence the Minister must be satisfied—

that the applicant is a fit and proper person to hold a licence under the section; and

that the applicant has appropriate knowledge of the principles and practices of radiation protection to have possession of the radiation source in the circumstances to which the licence is to relate; and

that any requirement prescribed by the regulations is complied with or satisfied.

The section provides for the payment of application fees and annual licence fees and for the recovery of those fees.

Division 3B—Accreditation of third party service providers

33B—Accreditation process

This section provides that a person may, on payment of a prescribed fee, apply to the Minister for an accreditation for the purposes of this Division.

Before granting an accreditation, the Minister must be satisfied as to the following:

that the applicant is a fit and proper person to hold the accreditation;

that the applicant has appropriate skills, qualifications, knowledge or experience to properly carry out the activities authorised by the accreditation;

that the applicant satisfies any other requirements for accreditation prescribed by the regulations.

33C—Authority conferred by accreditation

This section provides that an accreditation authorises the person named in the accreditation—

to conduct tests on radiation sources;

to undertake activities to assess compliance with the Act or any requirements prescribed by the regulations;

to issue certificates of compliance or certificates or competency in relation to matters regulated under the Act;

to conduct courses of training leading to qualifications to hold a licence or registration under the Act;

to carry out other activities determined or approved by the Minister.

33D—Reliance on professional advice

This section allows the Minister to rely on a certificate issued by an accredited person when exercising functions under the Act.

33E—Accreditation fees

This section requires annual fees to be paid by the holder of an accreditation and provides for the recovery of those fees.

33F—Offences

This section makes it an offence for a person to hold themself out, or pretend to be, the holder of an accreditation if the person is not accredited. The maximum penalty is $10,000.

The section also makes it an offence for a person to alter or permit to be altered any information or statement in a certificate issued by an accredited person for the purposes of the Act unless the alteration is authorised by the accredited person or is made in prescribed circumstances. The maximum penalty is $20,000.

A person commits an offence if he or she makes or causes to be made a false or misleading statement in a certificate of compliance or a certificate of competency issued for the purposes of the Act. The maximum penalty is $20,000.

74—Heading to Part 3 Division 4

This clause substitutes the heading to Part 3 Division 4 to extend it to accreditations under the new Part 3 Division 3B.

75—Amendment of section 34—Minister may require information to determine applications

76—Amendment of section 36—Conditions of accreditations and authorities

77—Amendment of section 37—Term of accreditations and authorities and their renewal

78—Amendment of section 38—Register

79—Amendment of section 40—Surrender, suspension and cancellation of accreditations and authorities

80—Amendment of section 41—Review of decisions relating to accreditations and authorities

The amendments made by these clauses to sections 34, 36, 37, 38, 40 and 41 of the principal Act are all consequential on the introduction of an accreditation process in Part 3 Division 3B. They ensure that the provisions that currently apply to licences and registrations will also apply to accreditations.

The amendments to section 40 also empower the Minister to suspend or cancel an accreditation under new Part 3 Division 3B if—

the holder of the accreditation ceases to hold a qualification on the basis of which the accreditation was granted; or

the holder of the accreditation has not acted competently or appropriately in undertaking activities under the accreditation; or

events have occurred or circumstances have changed such that the holder of the accreditation would not be entitled to be granted accreditation if the application were now to be made.

The last ground for suspension or cancellation will also apply to licences and registrations.

81—Amendment of section 43—Regulations

This clause amends section 43 to substitute the words 'processing' for 'milling' and extend the regulation-making power to prescribe fees in relation to accreditations.

82—Amendment of section 49—Evidentiary provisions

The amendment to section 49 made by this clause is consequential on the introduction of the accreditation process.

83—Amendment of section 50—Service of documents

The amendment to section 50 made by this clause is consequential on the introduction of the accreditation process.

Part 12—Amendment of Road Traffic Act 1961

84—Amendment of section 79B—Provisions applying where certain offences are detected by photographic detection devices

This clause removes the references to registration offences in section 79B of the Road Traffic Act 1961, consequentially to the creation of new owner registration offences in sections 9 and 102 of the Motor Vehicles Act 1959.

85—Amendment of section 176—Regulations and rules

This clause makes an amendment to the regulation making power to ensure that regulations about photographic detection devices may apply for the purposes of the Motor Vehicles Act 1959.

Part 13—Amendment of Technical and Further Education Act 1975

86—Amendment of section 19—Long service leave

87—Transitional provisions

These clauses make related amendments relating to the accrual of long service leave under the Technical and Further Education Act 1975.

Debate adjourned on motion of Hon. J.M.A. Lensink.

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