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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Anangu Pitjantjatjara Yankunytjatjara Land Rights
(Permits) Amendment Bill 2009
A BILL FOR
An Act to amend the Anangu Pitjantjatjara Yankunytjatjara Land
Rights Act 1981.
Contents
Part 1—Preliminary
1 Short
title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Anangu Pitjantjatjara
Yankunytjatjara Land Rights Act 1981
4 Amendment of section
19—Unauthorised entry on the lands
5 Substitution of section
19A
19A Residence on the lands
6 Amendment of
regulation 43—Regulations
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Anangu Pitjantjatjara
Yankunytjatjara Land Rights (Permits) Amendment Act 2009.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Anangu Pitjantjatjara Yankunytjatjara
Land Rights Act 1981
4—Amendment of
section 19—Unauthorised entry on the lands
(1) Section 19(8)(a), (b), (ba) and (c)—delete paragraphs (a), (b),
(ba) and (c) and substitute:
(a) a Minister of the Crown in right of South Australia or the
Commonwealth; or
(b) a public sector employee acting in the course of his or her official
duties; or
(ba) an APS employee acting in the course of his or her official duties;
or
(bb) any other officer appointed by or under an Act of the State or
Commonwealth and who is acting in the course of his or her official duties;
or
(bc) a person who is authorised in writing by the Minister for the
purposes of this paragraph and who is carrying out a function of 1 or more of
the following (including where such function is carried out in combination with
other functions):
(i) a Minister of the Crown in right of South Australia or the
Commonwealth; or
(ii) a public sector agency; or
(iii) a Department of State of the Commonwealth or an agency or
instrumentality of the Commonwealth; or
(bd) a person who is authorised in writing by the Minister for the
purposes of this paragraph and who is installing, operating or carrying out
maintenance or improvement work on, or in relation to, electricity,
telecommunications, water, sewer or airfield infrastructure; or
(c) a journalist (not being a journalist who has a conviction of a kind
prescribed by the regulations for the purposes of this paragraph)
who—
(i) enters the lands for the purpose of genuine investigation or reporting
of a matter of public interest occurring on the lands; and
(ii) while on the lands—
(A) carries identification of a kind prescribed by the regulations;
and
(B) complies with any code of conduct prescribed by the regulations for
the purposes of this paragraph; or
(2) Section 19—after subsection (8) insert:
(8a) An application for authorisation under subsection (8)(bc) or
(bd) must—
(a) be made in a manner and form determined by the Minister; and
(b) be accompanied by any information reasonably required by the Minister
(including—
(i) in the case of an applicant who is of or above 18 years of age,
information in relation to the criminal history of the applicant; or
(ii) information in relation to the criminal history of each director,
officer or employee of the relevant employer or contractor of the
applicant).
(8b) An authorisation under subsection (8)(bc) or
(bd)—
(a) may be conditional or unconditional; and
(b) has effect for the period specified in the authorisation.
(8c) The Minister may, by notice in writing given to a person authorised
under subsection (8)(bc) or (bd), vary or revoke the authorisation on any
grounds the Minister thinks fit.
(3) Section 19(9)—delete subsection (9) and substitute:
(9) Subject to subsection (9aa), a person referred to in
subsection (8) who proposes to enter the lands must endeavour to give
reasonable notice of the time, place and purpose of the proposed entry to
Anangu Pitjantjatjara Yankunytjatjara.
(9aa) The following persons do not have to give notice under
subsection (9):
(a) a police officer acting in the course of his or her official
duties;
(b) a person referred to in subsection (8)(ca);
(c) a person assisting a person referred to in
subsection (8)(ca);
(d) a person referred to in subsection (8)(e);
(e) a person referred to in subsection (8)(f).
(4) Section 19—after subsection (10) insert:
(11) For the purposes of this section, a reference to a police officer
includes a reference to a member of the Australian Federal Police.
(12) In this section—
APS employee has the same meaning as in the Public Service
Act 1999 of the Commonwealth;
journalist means a person engaged in writing for, filming or
otherwise producing a newspaper, periodical, television or radio program or
similar production;
public sector agency and public sector employee
have the same meaning as in the Public Sector Management
Act 1995.
Section 19A—delete the section and substitute:
19A—Residence on the lands
(1) A person referred to in section 19(8) may reside, or otherwise
remain, on the lands for as long as is necessary or desirable to carry out his
or her duties or functions.
(2) Subsection (1) does not apply in relation to a person referred to
in section 19(8)(d), (e) or (f).
6—Amendment of
regulation 43—Regulations
Regulation 43—after subregulation (2) insert:
(2a) The regulations may refer to or incorporate, wholly or partially and
with or without modification, a code, standard or other document prepared or
published by a prescribed body, either as in force at the time the regulations
are made or as in force from time to time.
(2b) If a code, standard or other document is referred to or incorporated
in the regulations—
(a) a copy of the code, standard or other document must be kept available
for public inspection, without charge and during ordinary office hours, at an
office or offices specified in the regulations; and
(b) evidence of the contents of the code, standard or other document may
be given in any legal proceedings by production of a document apparently
certified by the Minister to be a true copy of the code, standard or other
document.