[BIL057-C.HAL]

House of Assembly—No. 5

[Lapsed owing to prorogation, 17 July 2003,

and restored to the Notice Paper, 17 September 2003]

South Australia

[Prepared by the Parliamentary Counsel]

CROWN LANDS (MISCELLANEOUS) AMENDMENT BILL 2002

A Bill For

An Act to amend the Crown Lands Act 1929.

[OPC-53]

Contents

1.Short title

2.Amendment of s. 9A—Delegation by Minister and Director

3.Substitution of s. 47

47.Minimum rent under lease

47A.Minister's power to recover GST

4.Amendment of s. 85—Continuance of Lyrup Village Association

5.Amendment of s. 288—Regulations

The Parliament of South Australia enacts as follows:

Short title

1. (1) This Act may be cited as the Crown Lands (Miscellaneous) Amendment Act 2002.

(2) The Crown Lands Act 1929 is referred to in this Act as "the principal Act".

Amendment of s. 9A—Delegation by Minister and Director

2. Section 9A of the principal Act is amended by striking out from subsection (1) "(except for Part 2)".

Substitution of s. 47

3. Section 47 of the principal Act is repealed and the following sections are substituted:

Minimum rent under lease

47. (1) Despite any provision to the contrary in this or any other Act or in any lease, the annual rent under a lease (whenever granted) is to be not less than—

(a)if the regulations fix, or provide for the determination of, an amount for the purposes of this section—that amount; or

(b)if the regulations do not fix, or provide for the determination of, an amount for the purposes of this section—$300.

(2) A regulation fixing, or providing for the determination of, an amount for the purposes of this section cannot come into operation until the time for disallowance has passed.

(3) In this section—

"lease" means a lease granted under any of the Crown Lands Acts or any other Act dealing with the disposal of Crown Lands, other than a lease of a prescribed class.

Minister's power to recover GST

47A. (1) The Minister may recover, as a debt, from a lessee the amount of any GST payable by the Minister in respect of the lease.

(2) In this section—

"GST" means the tax payable under the GST law;

"GST law" means—

(a)A New Tax System (Goods and Services Tax) Act 1999 (Commonwealth); and

(b)the related legislation of the Commonwealth dealing with the imposition of a tax on the supply of goods, services and other things;

"lease" means a lease granted under any of the Crown Lands Acts or any other Act dealing with the disposal of Crown Lands.

Amendment of s. 85—Continuance of Lyrup Village Association

4. Section 85 of the principal Act is amended—

(a)by inserting in subsection (2)(a) "or owners" after "lessees";

(b)by striking out subsection (3) and substituting the following subsection:

(3) If a lease or title is held in the name of two or more persons, only the lessee or owner whose name appears first in the lease or on the title is a member of the association.

Amendment of s. 288—Regulations

5. Section 288 of the principal Act is amended by inserting after subsection (1a) the following subsection:

(2) Regulations under this Act—

(a)may be of general application or limited application; and

(b)may make different provision according to the matters or circumstances to which they are expressed to apply.