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Legislative Council - Fifty-Third Parliament, Second Session (53-2)
2016-03-08 Daily Xml
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Occupational Licensing National Law (South Australia) Repeal Bill

Second Reading

The Hon. P. MALINAUSKAS (Minister for Police, Minister for Correctional Services, Minister for Emergency Services, Minister for Road Safety) (18:19): I move:

That this bill be now read a second time.

I seek leave to insert the second reading and explanation of clauses into Hansard without my reading it.

Leave granted.

On 3 July 2008, the Council of Australian Governments ('COAG') agreed to develop a national trade licensing system for multiple occupational trades ('the National Licensing System').

The National Licensing System was established through cooperative national legislation. To implement the National Licensing System, South Australia enacted the Occupational Licensing National Law (South Australia) Act 2011. The National Licensing System created by the enacting legislation was to initially apply to airconditioning and refrigeration, electrical, plumbing and gasfitting and property-related occupations.

On 13 December 2013, COAG decided to discontinue the National Licensing System. The COAG Communique stated:

'COAG noted that, following the outcome of extensive State-based consultation, the majority of States decided not to pursue the proposed National Occupational Licensing Scheme reform. Most jurisdictions identified a number of concerns with the proposed NOLS model and potential costs. States instead decided to investigate approaches that would increase labour mobility and deliver net benefits for businesses and governments.

To this end, States agreed to work together via the Council for the Australian Federation (CAF) to develop alternative options for minimising licensing impediments to improving labour mobility and to manage the orderly disestablishment of the National Occupation Licensing Authority from early 2014.'

To give effect to the COAG decision in South Australia to discontinue the National Licensing System, this Bill:

• repeals the Occupational Licensing National Law (South Australia) Act 2011;

• dissolves the national entities that have been established; and

• provides for savings and transitional arrangements consequent to the dissolution of the national entities.

I commend the Bill to Members.

Explanation of Clauses

Part 1—Preliminary

1—Short title

This clause is formal.

2—Commencement

The measure will come into operation, or will be taken to have come into operation, on the day on which the Occupational Licensing National Law Act 2010 of Victoria is repealed.

3—Interpretation

This clause defines certain words and expressions to be used in the proposed Act.

4—Repeal of National Law Act of this jurisdiction

This clause provides for the repeal of the Occupational Licensing National Law (South Australia) Act 2011.

5—Dissolution of National Licensing Authority, National Licensing Board and Advisory Committees

This clause provides for the repeal of the following entities insofar as they are constituted under the South Australian Act:

(a) the National Occupational Licensing Authority;

(b) the National Occupational Licensing Board;

(c) each Occupational Licence Advisory Committee.

Each of those entities was separately established by the Victorian Act, the SA Act and the adoption Acts of the other participating States and Territories. However, the relevant Parliaments adopting the Occupational Licensing National Law declared their intention that the Law has the effect of establishing a single national entity.

Clause 5 also provides that:

(a) the members of the Licensing Board or a Licence Advisory Committee cease to be members and are not entitled to any remuneration or compensation as a result; and

(b) any remaining assets, rights or liabilities (if any) of the dissolved entities become, on their dissolution, the assets, rights and liabilities of the Crown in right of the participating States and Territories; and

(c) any act, matter or thing that is authorised or required to be done in relation to those assets, rights or liabilities by the dissolved entities is authorised or required to be done by the Secretary of the NSW Treasury.

6—Abolition of National Occupational Licensing Authority Fund

The National Occupational Licensing Authority Fund is abolished by force of this provision and any money or property standing to the credit of the Fund immediately before its abolition are assets to be dealt with under clause 5.

7—Final Licensing Authority financial statements

This clause makes provision for any final financial statements of the National Occupational Licensing Authority for the period before its dissolution that have not been prepared, audited and published to be prepared, audited and published after its dissolution by the Secretary of the NSW Treasury.

8—Transfer of certain records to NSW Treasury

This clause transfers to the custody of the NSW Treasury the records of the entities dissolved by the proposed Act and provides that the State Records Act 1998 of New South Wales and other laws of New South Wales apply to those records as if they were the records of NSW Treasury.

9—Regulations

The Governor will be able to make regulations for the purposes of this Act, including regulations of a savings or transitional nature.

Debate adjourned on motion of Hon. T.J. Stephens.

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