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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Statutes Amendment and Repeal (Budget 2012) (No 2)
Bill 2012
A BILL FOR
An Act to amend the Education
Act 1972; the Electricity
Corporations Act 1994; the Electricity
Corporations (Restructuring and Disposal) Act 1999; the Highways
Act 1926; the Local
Government Act 1999; the Parliament
(Joint Services) Act 1985; the Payroll
Tax Act 2009; the Public
Finance and Audit Act 1987; the Public
Sector Act 2009; the Residential
Tenancies Act 1995; the Stamp
Duties Act 1923; and the Summary
Procedure Act 1921; and to repeal the State
Bank of South Australia Act 1983.
Contents
Part 1—Preliminary
1Short title
2Commencement
3Amendment
provisions
Part 2—Amendment
of Education Act 1972
4Amendment of section 19—Long service leave
and retention entitlement
5Amendment of section 20—Taking of
leave
6Transitional provisions
Part 3—Amendment of Electricity
Corporations Act 1994
Division 1—Amendment of
Act
7Amendment of section
4—Interpretation
8Repeal of Part
2
9Amendment
of section 34—Establishment of corporation
Division 2—Transitional
provisions
10Interpretation
11Assets and liabilities of RESI
12Redeployees
13Related provisions
Part 4—Amendment of Electricity
Corporations (Restructuring and Disposal) Act 1999
14Amendment of section
3—Interpretation
Part 5—Amendment of Highways
Act 1926
15Amendment of section
7—Interpretation
16Amendment of section 20—General
powers of Commissioner
17Insertion of
section 21A
21ACertain roads and land vest
in Commissioner
18Amendment of
section 26—Powers of Commissioner to carry out roadwork
etc
19Amendment of section 26A—Powers of
Commissioner in relation to trees etc on roads
20Amendment of section 26B—Total
or partial closure of roads to ensure safety or prevent damage
21Amendment of
section 26C—Certain road openings etc require Commissioner's
concurrence
22Amendment of section 27CA—Vesting
of roads outside districts
23Insertion of
section 30AC
30ACCertain roads taken to be controlled-access
roads
24Amendment of section 30B—Provision
for compensation
25Insertion of
section 42B
42BRegistrar-General to issue certificate of
title
Part 6—Amendment of Local Government
Act 1999
26Insertion of
section 240A
240ARoads
vested in Commissioner of Highways
Part 7—Amendment
of Parliament (Joint Services) Act 1985
27Amendment of section 20—Long
service leave and retention entitlement
28Insertion of
section 36
36Regulations
29Transitional provisions
Part 8—Amendment
of Payroll Tax Act 2009
30Amendment of Schedule 2—South Australia
specific provisions
Part 9—Amendment of Public Finance
and Audit Act 1987
31Amendment of section 18—Financial
arrangements
Part 10—Amendment
of Public Sector Act 2009
32Amendment of Schedule 1—Leave and
working arrangements
33Transitional provisions
Part 11—Amendment of Residential
Tenancies Act 1995
34Amendment of section 73—Rates, taxes and
charges
Part 12—Amendment of Stamp Duties
Act 1923
35Insertion of section
71DB
71DBConcessional duty
on purchases of off-the-plan apartments
36Amendment of
Schedule 2—Stamp duties and exemptions
Part 13—Amendment of Summary
Procedure Act 1921
37Amendment of section 189—Costs
generally
38Insertion of
section 189AA
189AACosts payable by Crown in
certain criminal proceedings
Part 14—Repeal of State Bank of South
Australia Act 1983
Division 1—Repeal of
Act
39Repeal of State Bank of South Australia
Act 1983
Division 2—Transitional
provisions
40Interpretation
41Vesting of assets and
liabilities
42Additional provisions
43Related
provisions
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Statutes Amendment and Repeal (Budget 2012)
(No 2) Act 2012.
(1) Subject to this section, this Act will come into operation on a day to
be fixed by proclamation.
(2)
Part 2,
Part 7,
Part 8,
Part 10 and
section 36 will
be taken to have come into operation on 1 July 2012.
(3)
Section 35 will
be taken to have come into operation on 31 May 2012.
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 Education
Act 1972
4—Amendment
of section 19—Long service leave and retention
entitlement
(1) Section 19—after subsection (1) insert:
(1a) An officer who has completed 15 years of effective service (a
long-term employee) is entitled to an additional amount of leave
(a skills and experience retention leave entitlement) (that will
be taken to constitute long service leave) for each completed month of effective
service (being service as a long-term employee) as follows:
(a) for each month of effective service completed during the 2012/2013
financial year—⅙ working days leave;
(b) for each month of effective service completed during the 2013/2014
financial year—¼ working days leave;
(c) for each month of effective service completed on or after
1 July 2014—⅓ working days leave.
(2) Section 19—after subsection (3) insert:
(3a) The following additional provisions will apply in relation to a
skills and experience retention leave entitlement:
(a) the Director-General may make a determination under which the accrual
of the entitlement will be calculated instead as a number of working hours leave
for each completed month of effective service;
(b) an entitlement to skills and experience retention leave accrued during
a particular financial year may be converted to an entitlement to a monetary
amount fixed by the regulations in accordance with a scheme prescribed by the
regulations;
(c) a skills and experience retention leave entitlement is to be taken
(depending on the amount of leave accrued) as 1 or more whole working days
of leave and accordingly subsection (3) will not apply in relation to a
skills and experience retention leave entitlement;
(d) a skills and experience retention leave entitlement that is not taken
within 5 years of the end of the financial year in which it accrues will be
lost (and a sum equal to the monetary value of any entitlement that is lost will
not be payable) (and accordingly the other provisions of this Division relating
to paying out an entitlement to leave will apply subject to the operation of
this paragraph);
(e) the Director-General may, by determination, make any other provision
in relation to the granting or taking of skills and experience retention
leave.
(3) Section 19—after subsection (4) insert:
(a) prescribe a process for electing to convert an accrued entitlement to
skills and experience retention leave to a monetary amount; and
(b) fix different monetary amounts according to different classes or
categories of officers.
(6) A regulation
under
subsection (5)
will be made on the recommendation of the Treasurer.
(7) The Treasurer must, in making a recommendation under
subsection (6),
apply the principle that a monetary amount fixed by the regulations must be
consistent with any corresponding regulations applying under the Public
Sector Act 2009.
5—Amendment
of section 20—Taking of leave
Section 20—after subsection (3) insert:
(3a) Subsection (3) does not apply in relation to a skills and
experience retention leave entitlement.
(1) In this section—
effective service has the same meaning as under the principal
Act;
officer means an officer in the teaching service under the
principal Act;
principal Act means the Education
Act 1972.
(2) An officer who—
(a) during the 2011/2012 financial year has, or attains, at least
15 years of effective service; and
(b) who is an officer on 1 July 2012,
will qualify for an additional skills and experience retention leave
entitlement under the principal Act equal to ⅙ working days leave for
each month of effective service completed during that financial year (being
service as a long-term employee within the meaning of subsection (1a) of
section 19 of the principal Act as enacted by this Act).
(3) Paragraph (d) of section 19(3a) of the principal Act as
enacted by this Act applies subject to the qualification that no skills and
experience retention leave entitlement will be lost under that paragraph before
1 July 2018.
(4) The Governor may, by proclamation, make other transitional or
ancillary provisions that may be necessary or expedient in connection with the
provision of an entitlement to skills and experience retention leave under the
principal Act or this section.
Part 3—Amendment
of Electricity Corporations
Act 1994
7—Amendment
of section 4—Interpretation
(1) Section 4, definition of electricity corporation,
(a)—delete paragraph (a)
(2) Section 4, definition of RESI—delete the
definition
Part 2—delete the Part
9—Amendment
of section 34—Establishment of corporation
Section 34(3)—delete subsection (3)
Division 2—Transitional
provisions
(1) In this Division—
asset means—
(a) a present, contingent or future legal or equitable estate or interest
in real or personal property; or
(b) a present, contingent or future right, power, privilege or
immunity,
(and includes a present or future cause of action in favour of
RESI);
the Department means the administrative unit of the Public
Service that is primarily responsible for assisting the Treasurer in the
performance of his or her Ministerial functions and responsibilities;
liability means a present, contingent or future liability or
obligation (including a non-pecuniary obligation and present or future cause of
action against RESI);
RESI means RESI Corporation under Part 2 of the Electricity
Corporations Act 1994;
SAFA means the South Australian Government Financing
Authority established under the
Government
Financing Authority Act 1982.
(2) For the purposes of this Division, a reference to a claim (or
potential or contingent claim) for workers compensation will be taken to include
a reference to any claim or other action relating to personal injury, disease,
other medical condition or death—
(a) arising out of or in the course of the performance of any work;
or
(b) resulting in any other way from exposure to any material, substance,
disease or conditions at a workplace.
11—Assets
and liabilities of RESI
(1) The Treasurer
may, by instrument in writing—
(a) transfer assets
or liabilities of RESI associated with claims for workers compensation, or
potential or contingent claims for workers compensation, to SAFA; and
(b) transfer the amount of $250 000 held by RESI at the time of the
execution of the instrument to the Treasury and Finance Operating Account
kept by the Department; and
(c) after consultation with RESI, transfer or vest any other assets or
liabilities of RESI to or in the Treasurer, another Minister, or any other
agency or instrumentality of the Crown.
(2) Proceedings commenced before the transfer of assets or liabilities
under
subsection (1)(a)
by or against RESI with respect to any claim for workers compensation may be
continued and completed by or against SAFA.
(3) Anything done, or omitted to be done, by RESI in relation to assets or
liabilities transferred to or vested in a person or body under this section is,
if it continues to have effect as at the time of transfer or vesting, taken to
be an act or omission of that person or body.
(4) A reference in
an instrument or other document to RESI in connection with an asset or liability
transferred to or vested in a person or body under this section is, from the
time of transfer or vesting, taken to be a reference to that person or
body.
(5)
Subsection (4)
does not apply to any instrument or document, or instrument or document of a
specified class, excluded from the operation of that subsection by the Treasurer
by notice in the Gazette.
(6) An instrument
under
subsection (1)
may make other provisions that in the opinion of the Treasurer are necessary or
expedient in connection with the transfer or vesting of assets or
liabilities.
(7) An instrument or notice under this section will take effect on a day
specified in the relevant instrument or notice.
The Department is, from the commencement of this section, required to
assume responsibility for arranging the redeployment of any person who, under
the terms of a sale/lease agreement under the Electricity
Corporations (Restructuring and Disposal) Act 1999, or under the
provisions of that Act, accepts an offer of public sector employment on account
of being surplus to a private sector employer's requirements in the manner
contemplated by that Act.
(1) The transfer or vesting of assets or liabilities under this Division
operates despite the provisions of any other law or instrument.
(2) The transfer or vesting of a liability under this Division discharges
RESI from the liability.
(3) The
Registrar-General or another authority required or authorised under a law of the
State to register or record transactions affecting assets or liabilities, or
documents relating to such transactions, must, on application under this
section, register or record in an appropriate manner a transfer or vesting under
this Division.
(4) No fee is payable in respect of an application under
subsection (3).
(5) Nothing done under this Division—
(a) constitutes a breach of, or default under, an Act or other law;
or
(b) constitutes a breach of, or default under, a contract, agreement,
understanding or undertaking; or
(c) constitutes a breach of a duty of confidence (whether arising by
contract, in equity or by custom or in any other way); or
(d) constitutes a civil or criminal wrong; or
(e) terminates an agreement or obligation or fulfils any condition that
allows a person to terminate an agreement or obligation, or gives rise to any
other right or remedy; or
(f) releases a surety or other obligee wholly or in part from an
obligation.
(6) No stamp duty or any other tax attaches to an instrument, transaction,
transfer or vesting created or effected under this Division.
(7) On the repeal
of Part 2 of the Electricity
Corporations Act 1994 by
section 8 of
this Act, RESI is dissolved and any remaining assets or liabilities of RESI vest
in the Treasurer.
(8) The Governor may, by proclamation, make additional provisions of a
saving or transitional nature consequent on the enactment of this Part (and any
such proclamation will take effect according to its terms and despite the
provisions of any other law or instrument).
Part 4—Amendment
of Electricity Corporations (Restructuring and
Disposal) Act 1999
14—Amendment
of section 3—Interpretation
(1) Section 3(1), definition of electricity
corporation, (a)—delete paragraph (a)
(2) Section 3(1), definition of RESI Corporation
—delete the definition
Part 5—Amendment
of Highways
Act 1926
15—Amendment
of section 7—Interpretation
(1) Section 7, definition of controlled-access
road—delete "under this Act to be a controlled-access road" and
substitute:
or otherwise taken to be a controlled-access road under this Act
(2) Section 7, definition of roadwork—after
paragraph (h) insert:
(ha) the construction of buildings or facilities relating to public
transport or parking for users of public transport; or
16—Amendment
of section 20—General powers of Commissioner
Section 20(6)—after paragraph (a) insert:
(ab) in a case where land acquired under this section is to be used for
the purposes of a lease or licence granted in respect of a road that vests, or
land that remains vested, in the Commissioner under section 21A;
or
After section 21 insert:
21A—Certain roads and land vest in
Commissioner
(1) If the
Commissioner has, after the commencement of this section, carried out roadworks
in relation to a road, the regulations may vest the road (or any part of the
road) in the Commissioner for an estate in fee simple.
(2) The Governor
may, by proclamation, vest an estate in fee simple in the following roads (or
any part of the following roads) in the Commissioner:
(a) the South Eastern Freeway (between Gill Terrace at Glen Osmond and the
Swanport Bridge at Swanport);
(b) the Port River Expressway and Salisbury Highway (between Eastern
Parade at Port Adelaide and Port Wakefield Road at Dry Creek);
(c) the Southern Expressway (between South Road at Bedford Park and Main
South Road at Old Noarlunga);
(d) the Northern Expressway, Gawler Bypass and Sturt Highway (between Port
Wakefield Road at Waterloo Corner and Sir Condor Laucke Way at
Nurioopta).
(3) A proclamation under
subsection (2)
may be varied or revoked by subsequent proclamation.
(4) A proclamation under this section takes effect on the day on which it
is made or such later date as may be specified in the proclamation.
(5) Subject to
subsection (9)
and to the terms of a proclamation providing for the vesting of a road in the
Commissioner in accordance with this section, any interest in the land referred
to in the proclamation that existed immediately before the vesting of the land
in the Commissioner is extinguished.
(6) A road that was, immediately before vesting in the Commissioner in
accordance with a proclamation under this section, a controlled-access road,
continues to be a controlled-access road after the vesting (but nothing in this
subsection prevents the making of a proclamation under section 30A in
relation to a road referred to in
subsection (2)).
(7) A regulation or proclamation providing for the vesting of a road in
the Commissioner in accordance with this section—
(a) may define the extent to which land or structures on land vest in the
Commissioner in accordance with this section (and may do so by reference to a
plan deposited or filed in the Lands Titles Registration Office or by any other
method of description); and
(b) has effect despite any other Act or law.
(8) If a regulation or proclamation provides for the vesting of a road in
the Commissioner in accordance with this section, any land so vested that has
not been previously brought under the Real
Property Act 1886 is automatically brought under that Act without
further application.
(9) A regulation or
proclamation providing for the vesting of a road in the Commissioner in
accordance with this section does not operate so as to discharge any easement
that the Commissioner determines, by notice in the Gazette, to preserve under
this subsection.
(10) If a regulation or proclamation providing for the vesting of a road
in the Commissioner in accordance with this section—
(a) is revoked or (in the case of a regulation) is disallowed;
or
(b) is varied so as to exclude any part of the road,
the road or that part of the road (as the case may be) will, on the
revocation, disallowance or variation, vest in the council or person in whom the
road would vest apart from this section.
(11) Part 3A of the Subordinate
Legislation Act 1978 does not apply to a regulation providing for
the vesting of a road in the Commissioner in accordance with this
section.
(12) Where the
Commissioner has, after the commencement of this section, determined that land
vested in the Commissioner is not required for the purposes of present or future
roadwork or any other purposes connected with this Act, the Commissioner may,
subject to the approval of the Minister, determine not to dispose of the land if
the Commissioner is satisfied that the land may be required in the future for
purposes related to roads or transport needs.
Example—
The land may be required in the future for—
(a) service centres and other buildings or facilities relating to the use
of the road;
(b) buildings or facilities relating to public transport or parking for
users of public transport.
18—Amendment
of section 26—Powers of Commissioner to carry out roadwork
etc
(1) Section 26(5), (6), (7) and (8)—delete
"under the care" wherever occurring and substitute in each case:
vested in or under the care
(2) Section 26(9)—delete "under the care" first occurring and
substitute:
vested in or under the care
19—Amendment
of section 26A—Powers of Commissioner in relation to trees etc on
roads
Section 26A(a)—delete "under the care" and substitute:
vested in or under the care
20—Amendment
of section 26B—Total or partial closure of roads to ensure safety or
prevent damage
Section 26B(1)—delete "under the care" and substitute:
vested in or under the care
21—Amendment
of section 26C—Certain road openings etc require Commissioner's
concurrence
Section 26C(b)(ii)—delete "under the care" and
substitute:
vested in or under the care
22—Amendment
of section 27CA—Vesting of roads outside
districts
Section 27CA(1)—delete "All public" and substitute:
Subject to section 21A, all public
After section 30AB insert:
30AC—Certain roads taken to be controlled-access
roads
(1) A road that is
vested in the Commissioner in accordance with regulations made under
section 21A(1) will be taken to be a controlled-access road if the
regulations—
(a) specify that the road is to be a controlled-access road; and
(b) specify the routes and means of access by which persons and vehicles
may enter or leave the controlled-access road.
(2) Nothing in this section prevents the making of a proclamation under
section 30A in relation to a road referred to in
subsection (1).
24—Amendment
of section 30B—Provision for compensation
Section 30B(1)—delete "proclamation of such" and
substitute:
road becoming a
After section 42A insert:
42B—Registrar-General to issue certificate of
title
(1) If land vests for an estate in fee simple in the Commissioner under
this Act, the Commissioner may apply to the Registrar-General for the issue of a
certificate of title for the land under the Real
Property Act 1886.
(2) An application under this section must—
(a) be made in a manner and form approved by the Registrar-General;
and
(b) be accompanied by any surveys of the land and other materials that the
Registrar-General may reasonably require.
Part 6—Amendment
of Local Government
Act 1999
After section 240 insert:
240A—Roads vested in Commissioner of
Highways
If the Commissioner of Highways has, in accordance with the Highways
Act 1926, granted a lease or licence to a person in relation to a
road vested in the Commissioner of Highways under that Act, a by-law made under
this Act does not apply to any act or omission by the lessee or licensee that is
specifically authorised under the lease or licence.
Part 7—Amendment
of Parliament (Joint Services)
Act 1985
27—Amendment
of section 20—Long service leave and retention
entitlement
(1) Section 20—after subsection (1) insert:
(1a) An officer who has completed 15 years of effective service (a
long-term employee) is entitled to an additional amount of leave
(a skills and experience retention leave entitlement) (that will
be taken to constitute long service leave) for each completed month of effective
service (being service as a long-term employee) as follows:
(a) for each month of effective service completed during the 2012/2013
financial year—⅙ working days leave;
(b) for each month of effective service completed during the 2013/2014
financial year—¼ working days leave;
(c) for each month of effective service completed on or after
1 July 2014—⅓ working days leave.
(2) Section 20—after subsection (6) insert:
(6a) Despite subsections (3) to (6), the following provisions will apply
in relation to a skills and experience retention leave entitlement:
(a) the Committee may make a determination under which the accrual of the
entitlement will be calculated instead as a number of working hours leave for
each completed month of effective service;
(b) an entitlement to skills and experience retention leave accrued during
a particular financial year may be converted to an entitlement to a monetary
amount fixed by the regulations in accordance with a scheme prescribed by the
regulations;
(c) a skills and experience retention leave entitlement is to be taken
(depending on the amount of such leave accrued) as 1 or more whole working
days of leave and accordingly—
(i) subsection (4) will not apply in relation to a skills and experience
retention leave entitlement; and
(ii) subsection (5) will apply in relation to a skills and experience
retention leave entitlement as if it were referring to a working day;
(d) a skills and experience retention leave entitlement that is not taken
within 5 years of the end of the financial year in which it accrues will be
lost (and a sum equal to the monetary value of any entitlement that is lost will
not be payable) and accordingly—
(i) subsection (6) will apply in relation to a skills and experience
retention leave entitlement subject to the operation of this paragraph;
and
(ii) subsection (6) will apply on the basis that a part of a day
constituted by a skills and experience retention leave entitlement (unless lost)
may be taken into account;
(e) the Committee may, by determination, make any other provision in
relation to the granting or taking of skills and experience retention
leave.
(3) Section 20—after subsection (7) insert:
(a) prescribe a process for electing to convert an accrued entitlement to
skills and experience retention leave to a monetary amount; and
(b) fix different monetary amounts according to different classes or
categories of officers.
(9) A regulation
under
subsection (8)
will be made on the recommendation of the Treasurer.
(10) The Treasurer must, in making a recommendation under
subsection (9),
apply the principle that a monetary amount fixed by the regulations must be
consistent with any corresponding regulations applying under the Public
Sector Act 2009.
(11) In this section—
effective service of an officer means the period of the
officer's continuous service under this Act.
After section 35 insert:
36—Regulations
The Governor may make such regulations as are contemplated by this
Act.
(1) In this section—
effective service has the same meaning as in
subsection (11) of section 20 of the principal Act (as enacted by this
Act);
officer means an officer under the principal Act;
principal Act means the Parliament
(Joint Services) Act 1985.
(2) An officer who—
(a) during the 2011/2012 financial year has, or attains, at least
15 years of effective service; and
(b) who is an officer on 1 July 2012,
will qualify for an additional skills and experience retention leave
entitlement under section 20 of the principal Act equal to ⅙ working
days leave for each month of effective service completed during that financial
year (being service as a long-term employee within the meaning of
subsection (1a) of section 20 of the principal Act as enacted by this
Act).
(3) Paragraph (d) of section 20(6a) of the principal Act as
enacted by this Act applies subject to the qualification that no skills and
experience retention leave entitlement will be lost under that paragraph before
1 July 2018.
(4) The Governor may, by proclamation, make other transitional or
ancillary provisions that may be necessary or expedient in connection with the
provision of an entitlement to skills and experience retention leave under the
principal Act or this section.
Part 8—Amendment
of Payroll Tax
Act 2009
30—Amendment
of Schedule 2—South Australia specific provisions
Schedule 2, clause 10A—delete the clause
Part 9—Amendment
of Public Finance and Audit
Act 1987
31—Amendment
of section 18—Financial arrangements
Section 18(4)—delete "the South Australian Asset Management
Corporation or"
Part 10—Amendment
of Public Sector
Act 2009
32—Amendment
of Schedule 1—Leave and working arrangements
(1) Schedule 1, clause 7—after subclause (1)
insert:
(1a) An employee who has completed 15 years of effective service (a
long-term employee) is entitled to an additional amount of leave
(a skills and experience retention leave entitlement) (that will
be taken to constitute long service leave) for each completed month of effective
service (being service as a long-term employee) as follows:
(a) for each month of effective service completed during the 2012/2013
financial year—⅙ working days leave;
(b) for each month of effective service completed during the 2013/2014
financial year—¼ working days leave;
(c) for each month of effective service completed on or after
1 July 2014—⅓ working days leave.
(2) Schedule 1, clause 7—after subclause (2)
insert:
(2a) Despite subclause (1a), the Commissioner may make a determination
under which accrual of the entitlement referred to in subclause (1a) will
be calculated instead as a number of working hours leave for each completed
month of effective service.
(3) Schedule 1, clause 7—after subclause (4) insert:
(4a) An entitlement to skills and experience retention leave accrued
during a particular financial year may be converted to an entitlement to a
monetary amount fixed by the regulations in accordance with a scheme prescribed
by the regulations (and clause 9(1) will not apply in relation to skills
and experience retention leave).
(4b) A skills and experience retention leave entitlement is to be taken
(depending on the amount of such leave accrued) as 1 or more whole working
days of leave.
(4c) A skills and experience retention leave entitlement that is not taken
within 5 years of the end of the financial year in which it accrues will be
lost (and a sum equal to the monetary value of any entitlement that is lost will
not be payable and clause 9 will apply subject to the operation of this
subclause).
(4d) The regulations may—
(a) prescribe a process for electing to convert an accrued entitlement to
skills and experience retention leave to a monetary amount; and
(b) fix different monetary amounts according to different classes or
categories of employees.
(4) Schedule 1—after clause 9 insert:
9A—Related provision (retention leave
entitlement)
(1) If a regulation
under section 41 applies this Part to employment under another Act so as to
provide for an entitlement constituted by a skills and experience retention
leave entitlement, the regulation may modify the operation of that other Act to
the extent necessary to provide consistency with the operation of this Part in
relation to that entitlement.
(2) A regulation under
subclause (1)
will have effect according to its terms and despite the provisions of any other
Act.
(1) In this section—
effective service has the same meaning as under clause 7
of Schedule 1 of the principal Act;
employee means a person to whom clause 7 of
Schedule 1 of the principal Act applies but does not include a person who
is excluded from an entitlement to skills and experience retention leave on
account of regulations made under section 41 of the principal
Act;
principal Act means the Public
Sector Act 2009.
(2) An employee who—
(a) during the 2011/2012 financial year has, or attains, 15 years of
effective service; and
(b) who is an employee on 1 July 2012,
will qualify for an additional skills and experience retention leave
entitlement under clause 7 of Schedule 1 of the principal Act equal to
⅙ working days leave for each month of effective service completed
during that financial year (being service as a long-term employee within the
meaning of subclause (1a) of clause 7 of Schedule 1 of the
principal Act as enacted by this Act).
(3) Subclause (4c) of clause 7 of Schedule 1 of the
principal Act as enacted by this Act applies subject to the qualification that
no skills and experience retention leave entitlement will be lost under that
subclause before 1 July 2018.
(4) If—
(a) a regulation
under section 41 of the principal Act applies Part 6 of
Schedule 1 of the principal Act to any persons so as to provide for an
entitlement constituted by a skills and experience retention leave entitlement;
or
(b) a regulation is made under clause 9A of Schedule 1 of the
principal Act (as enacted by this Act) in conjunction with a regulation referred
to in
paragraph (a);
or
(c) a regulation is made under section 41 of the principal Act so as
to exclude a class of persons from an entitlement to skills and experience
retention leave,
the regulation may, if the regulation so provides, take effect from
1 July 2012 (even if the enactment of this section, and the making of
the regulation, occurs after that date).
(5) The Governor may, by proclamation, make other transitional or
ancillary provisions that may be necessary or expedient in connection with the
provision of an entitlement to skills and experience retention leave under the
principal Act or this section.
Part 11—Amendment
of Residential Tenancies
Act 1995
34—Amendment
of section 73—Rates, taxes and charges
(1) Section 73(2)—after "However," insert:
subject to subsection (4),
(2) Section 73(3)(b)—after "is" insert:
, subject to subsection (4),
(3) Section 73—after subsection (3) insert:
(4) A landlord
must, as soon as is reasonably practicable after obtaining the benefit of the
water security rebate amount, ensure that an amount borne by a tenant under an
agreement under subsection (2) or under subsection (3)(b) is reduced
by—
(a) in the case of a tenant on land held as a single title consisting of a
single place of residence—the water security rebate amount; or
(b) in the case of a tenant on land held as a single title consisting of
more than 1 place of residence—the proportionate water security
rebate amount,
(and if the reduction under this subsection results in a negative amount,
0 is to be substituted for that amount).
(5) If, during the billing period in which a landlord obtained the benefit
of the water security rebate amount, the premises to which the rebate relates
were subject to more than 1 residential tenancy agreement, the landlord
must ensure that a reduction under
subsection (4)
is applied to the amount borne by a tenant under each tenancy agreement on a
pro rata basis according to the number of days in the billing period in
which each tenancy agreement respectively applied at the premises.
(6) In this section—
proportionate water security rebate amount, in relation to a
tenant on land held as a single title consisting of more than 1 place of
residence, is the amount that results from dividing the water security rebate
amount for that title by the number of places of residence at the land to which
the title relates;
water security rebate amount, in relation to rates and
charges for water supply to residential premises, means the amount specified in
an account for those rates and charges as representing the rebate for water
security purposes.
Part 12—Amendment
of Stamp Duties
Act 1923
After section 71DA insert:
71DB—Concessional duty on purchases of off-the-plan
apartments
(1) If on an application under this section, in a manner and form
determined by the Commissioner and supported by such evidence as the
Commissioner may require, the Commissioner is satisfied that the applicant is a
purchaser of a qualifying apartment under a qualifying off-the-plan contract,
this section applies to a conveyance under which the interest in the apartment
is transferred to the applicant.
(2) The duty payable on a conveyance to which this section applies will,
if it gives effect to a qualifying off-the-plan contract entered into between
31 May 2012 and 30 June 2014 (both dates inclusive), be as
follows:
(a) where the market value of the apartment does not exceed
$500 000—no duty will be payable;
(b) where the market value of the apartment exceeds
$500 000—the duty will be the amount payable apart from this section
less $21 330.
(3) The duty payable on a conveyance to which this section applies will,
if it gives effect to a qualifying off-the-plan contract entered into between
1 July 2014 and 30 June 2016 (both dates inclusive), be as
follows:
(a) where the
market value of the apartment does not exceed $500 000—the duty will
be calculated by reference to a value (the dutiable value), rather
than the market value, where the dutiable value is calculated in accordance with
the following formula:
where—
DV is the dutiable value
MV is the market value
C is a percentage that represents the stage at which the
construction or refurbishment of the multi-storey residential development in
which the relevant apartment is (or is to be) situated has reached at the
relevant contract date, expressed as a percentage of completion of the
work—
(a) where—
(i) Stage 1 equals 0%; and
(ii) Stage 2 equals 20%; and
(iii) Stage 3 equals 40%; and
(iv) Stage 4 equals 60%; and
(v) Stage 5 equals 80%; and
(vi) Stage 6 equals 100%; and
(b) where—
(i) Stage 1 is where no work in relation to the building has been
commenced; and
(ii) Stages 2, 3, 4 and 5 are construction stages determined by the
Commissioner from time to time and published in the Gazette; and
(iii) Stage 6 is where the work has been substantially
completed;
(b) where the market value of the apartment exceeds
$500 000—the duty will be the amount payable apart from this section
but after taking into account the operation of
subsection (4),
less an amount determined according to the stage at which the construction or
refurbishment of the multi-storey residential development in which the relevant
apartment is (or is to be) situated has reached at the relevant contract date,
being, depending on the stage, an amount as follows:
(i) Stage 1—$15 500;
(ii) Stage 2—$12 800;
(iii) Stage 3—$9 750;
(iv) Stage 4—$6 500;
(v) Stage 5—$3 250;
(vi) Stage 6—$0,
where the stages will be the same as the stages applying under
paragraph (a).
(4) For the
purposes of this section, the date of the sale of the property applying under
section 60A in relation to a conveyance under this section will be taken to
be the date on which the relevant qualifying off-the-plan contract was entered
into.
(5) For the purposes of this section, only 1 application may be made in
relation to a qualifying apartment (and, in the case of an apartment being
purchased by 2 or more purchasers, any benefit arising under this section
must be shared jointly).
(6) This section does not apply in relation to a contract if the
Commissioner is satisfied that the contract replaces a contract made before
31 May 2012 for the purchase of the same apartment.
(7) In this section—
apartment means a self-contained residence that is, or is to
be, situated in a multi-storey residential development, but does not include a
townhouse;
multi-storey residential development means a building of 2 or
more storeys containing 2 or more independent residential premises;
qualifying apartment means an apartment that is (or is to be)
situated—
(a) within the area of The Corporation of the City of Adelaide;
or
(b) on any land within the area where the Bowden Redevelopment
project is being undertaken (Bowden Village) and identified by the
Treasurer by notice in the Gazette; or
(c) on any land within the area known as 45 Park, Gilberton,
and comprised within Certificate of Title Register Book Volume 5114
Folio 927 or Volume 5114 Folio 955;
qualifying off-the-plan contract means a contract for the
purchase of an apartment entered into between 31 May 2012 and
30 June 2016 (both dates inclusive) where, at the time that the
contract is entered into, the building in which the apartment is, or is to be,
situated—
(a) is a new building that is yet to be constructed; or
(b) is a new building for which construction has commenced and where the
Commissioner is satisfied that the work has not been substantially completed;
or
(c) is an existing building where the Commissioner is satisfied that the
building is to be substantially refurbished and that
refurbishment—
(i) is yet to be commenced; or
(ii) has commenced but the Commissioner is satisfied that the work has not
been substantially completed;
relevant contract date means the date on which the qualifying
off-the-plan contract that is relevant to the application of this section was
entered into;
townhouse means a dwelling consisting of 2 or more storeys
where the building (which may be a building joined to another building or
buildings) constituting the dwelling occupies a site that is held exclusively
with that building.
36—Amendment
of Schedule 2—Stamp duties and exemptions
Schedule 2, clause 16—after item 30 insert:
31 A
conveyance of a carbon right created under an Act of the Commonwealth.
32 A
conveyance of a renewable energy certificate under the Renewable Energy
(Electricity) Act 2000 of the Commonwealth.
Part 13—Amendment
of Summary Procedure
Act 1921
37—Amendment
of section 189—Costs generally
Section 189—delete "189A" and substitute:
189AA
After section 189 insert:
189AA—Costs payable by Crown in certain criminal
proceedings
(1) If, in proceedings for an offence prosecuted by a police
officer—
(a) the Court dismisses the proceedings; or
(b) the proceedings are withdrawn,
the Court may only make an order for costs in favour of the defendant if
the Court is satisfied that it is proper that the order should be
made.
(2) In deciding whether it is proper to make an order for costs in favour
of the defendant, the Court must take into account all relevant circumstances,
including—
(a) whether the prosecution of the offence was conducted in good faith;
and
(b) whether there was a failure to take appropriate steps to investigate a
matter coming to, or within, the knowledge of the prosecution; and
(c) whether the investigation into the offence was conducted in an
appropriate way; and
(d) whether the order of dismissal (in the case of proceedings dismissed
by the Court) was made on technical grounds and not on a finding that there was
insufficient evidence to convict or make an order against the defendant;
and
(e) whether the defendant brought suspicion on himself or herself by
conduct engaged in after the events constituting the commission of the offence;
and
(f) whether the defendant unreasonably declined an opportunity before a
charge was laid—
(i) to explain the defendant's version of events; or
(ii) to produce evidence likely to exonerate the defendant,
and the explanation or evidence could have avoided a prosecution;
and
(g) whether the defendant conducted the defence in a way that prolonged
the proceeding unreasonably; and
(h) whether the defendant was acquitted on a charge, but convicted on
another.
(3) The amount of
costs awarded to a defendant under this section in relation to proceedings for
an offence or a number of offences on the 1 complaint or information must not
exceed $2 000 (inclusive of any GST component).
(4) The amount of $2 000 referred to in
subsection (3)
is to be adjusted on 1 January of each year, beginning in 2014, by
multiplying the specified amount by a multiplier obtained by dividing the
Consumer Price Index (All groups index for Adelaide) (CPI) for the
quarter ending 30 June in the previous year by the CPI for the quarter
ending 30 June 2012.
(5) In this section—
GST component means a component attributable to a liability
to the tax payable under the GST law;
GST law means—
(a) A New Tax System (Goods and Services Tax) Act 1999 of the
Commonwealth; and
(b) the related legislation of the Commonwealth dealing with the
imposition of a tax on the supply of goods and services.
Part 14—Repeal
of State Bank of South Australia
Act 1983
39—Repeal
of State Bank of South Australia
Act 1983
The State
Bank of South Australia Act 1983 is repealed.
Division 2—Transitional
provisions
In this Division—
asset means—
(a) a present, contingent or future legal or equitable estate or interest
in real or personal property; or
(b) a present, contingent or future right, power, privilege or
immunity,
(and includes a present or future cause of action in favour of
SAAMC);
liability means a present, contingent or future liability or
obligation (including a non-pecuniary obligation and a present or future cause
of action against SAAMC or any unclaimed money held on deposit by
SAAMC);
SAAMC means the South Australian Asset Management
Corporation.
41—Vesting
of assets and liabilities
(1) SAAMC may, by
instrument in writing, at the direction of, or with the approval of, the
Treasurer, vest assets or liabilities of SAAMC in the Treasurer, another
Minister, or any other agency or instrumentality of the Crown.
(2) An instrument under
subsection (1)
may make other provisions that in the opinion of SAAMC or the Treasurer are
necessary or expedient in connection with the vesting of assets or
liabilities.
(1) On the repeal of the State
Bank of South Australia Act 1983, any remaining assets or
liabilities of SAAMC vest in the Treasurer.
(2) The Governor may, by proclamation, make additional provisions of a
saving or transitional nature consequent on the enactment of this Part (and any
such proclamation will take effect according to its terms and despite the
provisions of any other law or instrument).
(1) The vesting of assets or liabilities under this Division operates by
force of this Act and despite the provisions of any other law or
instrument.
(2) The vesting of a liability under this Division operates to discharge
SAAMC from the liability.
(3) The
Registrar-General or another authority required or authorised under a law of the
State to register or record transactions affecting assets or liabilities, or
documents relating to such transactions, must, on application under this
section, register or record in an appropriate manner a vesting under this
Division.
(4) No fee is payable in respect of an application under
subsection (3).
(5) Nothing done under this Division—
(a) constitutes a breach of, or default under, an Act or other law;
or
(b) constitutes a breach of, or default under, a contract, agreement,
understanding or undertaking; or
(c) constitutes a breach of a duty of confidence (whether arising by
contract, in equity or by custom or in any other way); or
(d) constitutes a civil or criminal wrong; or
(e) terminates an agreement or obligation or fulfils any condition that
allows a person to terminate an agreement or obligation, or gives rise to any
other right or remedy; or
(f) releases a surety or other obligee wholly or in part from an
obligation.
(6) No stamp duty or any other tax attaches to an instrument, transaction
or vesting created or effected under this Division.