Statutes Amendment and Repeal (Simplify) Act 2019 (SA)

South Australia

Statutes Amendment and Repeal (Simplify) Act 2019

An Act to amend various Acts to simplify administrative and other processes or to remove obsolete or out of date matter or practices, to repeal various obsolete Acts and for other purposes.

The Parliament of South Australia enacts as follows:

Part 1Preliminary1Short title

This Act may be cited as the Statutes Amendment and Repeal (Simplify) Act 2019.

2Commencement

1. (1)

   Subject to this section, this Act will come into operation on the day on which it is assented to by the Governor.

2. (2)

   The following provisions of this Act will come into operation on a day to be fixed by proclamation:

   1. (a)

      Part 2;

   2. (b)

      Part 4;

   3. (c)

      Part 6;

   4. (d)

      Part 11;

   5. (e)

      Section 29;

   6. (f)

      Part 19;

   7. (g)

      Sections 61, 62, 64 and 66;

   8. (h)

      Part 36;

   9. (i)

      Part 43.

3Amendment provisions

1. (1)

   In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

2. (2)

   A provision in Part 39 amends the Rail Safety National Law (South Australia) Act 2012 (other than a provision of the Rail Safety National Law set out in the Schedule to that Act).

Part 2Amendment of Aerodrome Fees Act 1998

4Amendment of section 6 – Aerodrome operator may fix fees for arrivals, departures etc

Section 6(2)—delete subsection (2) and substitute:

1. (2)

   If an aerodrome operator fixes fees under this section, a notice setting out the fees must be published by the aerodrome operator in the Gazette and—

   1. (a)

      on its website; or

   2. (b)

      in any periodical publication prescribed by the regulations for the purposes of this subsection; or

   3. (c)

      in a daily newspaper circulating in the State.

Part 3Amendment of Agricultural and Veterinary Products (Control of Use) Act 20025Amendment of section 20 – Manner of making order

Section 20(2)—delete subsection (2) and substitute:

1. (2)

   As soon as practicable after an order addressed as referred to in subsection (1)(b) is made, a notice setting out the date on which the notice is published, the terms of the order and the persons to be bound by the order must be published by the Minister in a manner and form that, in the opinion of the Minister, will be most likely to bring the order to the attention of the persons bound by it.

Part 4—Amendment of Air Transport (Route LicensingPassenger Services) Act 20026Amendment of section 5 – Declared routes

Section 5(11)(e)—delete paragraph (e) and substitute:

1. (e)

   that a copy of the relevant notice is published—

   1. (i)

      on a website determined by the Minister; or

   2. (ii)

      in a newspaper circulating generally in the State; or

   3. (iii)

      in a newspaper circulating generally in Australia; and

Part 5Amendment of Aquaculture Act 20017Amendment of section 25B – Cancellation of lease

Section 25B(2)—delete subsection (2) and substitute:

1. (2)

   Before the Minister cancels an aquaculture lease under this section, the Minister must—

   1. (a)

      give the lessee written notice—

      1. (i)

         specifying the matters alleged to constitute proper cause for cancellation of the lease; and

      2. (ii)

         stating that the Minister proposes to cancel the lease; and

      3. (iii)

         allowing the lessee a reasonable opportunity to show cause why the lease should not be cancelled; and

   2. (b)

      if the public register includes a notation that a specified person has an interest in the lease—provide the specified person with a copy of the notice given to the lessee under paragraph (a).

8Amendment of section 28 – Granting of corresponding licence for pilot lease

Section 28(1)(b)(i)—after "published" insert:

on a website determined by the Minister or

9Amendment of section 35 – Granting of production leases and corresponding licences in public call areas

1. (1)

   Section 35(3)—after "published" insert:

   on a website determined by the Minister or

2. (2)

   Section 35(9)(b)(i)—delete "a newspaper circulating generally in the State" and substitute:

   accordance with subsection (3)

10Amendment of section 36 – Granting of production leases and corresponding licences if public call not required

Section 36(3)(b)(i)—after "published" insert:

on a website determined by the Minister or

11Amendment of section 38 – Term and renewal of production leases

Section 38(1)—delete subsection (1) and substitute:

1. (1)

   The term of a production lease is such period (not exceeding 30 years) as is specified in the lease.

2. (1a)

   The Minister may, on application by the holder of a production lease that—

   1. (a)

      has a term of 20 years or less; and

   2. (b)

      was in force immediately before the commencement of this subsection,

extend the term of the lease by such period as the Minister thinks fit (but such an extension cannot prolong the term of the lease beyond the thirtieth anniversary of the day on which the lease was granted or renewed).

1. (1b)

   The term of a production lease cannot be extended under subsection (1a) more than once.

12Amendment of section 39A – Granting of research leases and corresponding licences

Section 39A(3)(b)(i)—after "published" insert:

on a website determined by the Minister or

13Amendment of section 50 – Grant of licences other than corresponding licences

Section 50(3)(b)(i)—after "published" insert:

on a website determined by the Minister or

14Amendment of section 60 – Reviews

Section 60(2)—delete "licence" first occurring and substitute:

lease

Part 6Amendment of Associations Incorporation Act 1985

15Amendment of section 43A – Application for deregistration

Section 43A(7)—delete subsection (7) and substitute:

1. (7)

   The Commission must, within 1 month of the receipt of an application under this section, publish a notice, in a manner and form determined by the Commission to be most appropriate in the circumstances, setting out the prescribed particulars of the application and inviting members of the public to make written submissions to the Commission, within 1 month of the date specified in the notice for that purpose, in relation to the application.

16Amendment of section 44 – Defunct associations

Section 44(1)—delete subsection (1) and substitute:

1. (1)

   If the Commission is of the opinion that an incorporated association is defunct, it may—

   1. (a)

      by notice served on the association; or

   2. (b)

      where service cannot reasonably be effected in accordance with this Act—by notice published in a manner and form determined by the Commission to be most appropriate in the circumstances,

require the association to show good cause why the association should not be dissolved.

Part 7Amendment of AustralAsia Railway (Third Party Access) Act 1999

17Amendment of Schedule – AustralAsia Railway (Third Party Access) Code

Schedule, clause 8(2)(a)—before "in a newspaper" insert:

on a website determined by the regulator or

Part 8Repeal of Bank Merger (National/BNZ) Act 199718Repeal of Bank Merger (National/BNZ) Act 1997

The Bank Merger (National/BNZ) Act 1997 is repealed.

Part 9Repeal of Corporal Punishment Abolition Act 1971

19Repeal of Corporal Punishment Abolition Act 1971

The Corporal Punishment Abolition Act 1971 is repealed.

Part 10Amendment of Correctional Services Act 1982

20Amendment of section 81E – Notice to victims to be published

Section 81E(3) and (4)—delete subsections (3) and (4) and substitute:

1. (3)

   The CE must publish the notice in the Gazette and—

   1. (a)

      on a website determined by the CE; or

   2. (b)

      in a daily newspaper circulating generally in South Australia and in a daily newspaper circulating generally in Australia.

2. (4)

   The CE may also forward a copy of the notice to any victim who has applied to the CE under section 81D to be notified of an award of damages in respect of the prisoner.

Part 11Amendment of Crown Land Management Act 200921Insertion of section 18A

After section 18 insert:

18A—Classification as community land

1. (1)

   A council may not resolve to exclude dedicated land from classification as community land in the circumstances described in section 193(4)(a) of the Local Government Act 1999 unless the Minister has consented, in writing, to the exclusion of the land.

2. (2)

   The consent of the Minister under this section may be subject to such conditions as the Minister thinks fit and specifies in the written consent.

3. (3)

   This section does not derogate from section 193(3) of the Local Government Act 1999.

Part 12Amendment of Dog Fence Act 194622Substitution of section 35A

Section 35A—delete the section and substitute:

35A—Establishment of local dog fence boards

1. (1)

   For the purpose of defraying the cost of erecting and maintaining part of a dog fence, or a fence that the board proposes to substitute as part of a dog fence instead of an existing part, the Minister may, on the recommendation of the board, by notice in the Gazette, establish a local dog fence board constituted of the persons specified in the notice for the area inside a dog fence specified in the notice.

2. (2)

   The local board will have the powers and duties specified in the notice.

3. (3)

   A local board established by proclamation before the commencement of this section continues as if it were established by notice under this section.

23Substitution of section 35C

Section 35C—delete the section and substitute:

35C—Variation and abolition of local boards

The Minister may, on the recommendation of the board, by notice in the Gazette—

1. (a)

   alter the constitution, or the powers and duties, of a local board established by proclamation or notice under section 35A; or

2. (b)

   abolish a local board established by proclamation or notice under section 35A and make provision for incidental matters.

Part 13Repeal of Economic Development Act 199324Repeal of Economic Development Act 1993

The Economic Development Act 1993 is repealed.

Part 14Amendment of Emergency Services Funding Act 1998

25Amendment of section 20 – Sale of land for non‑payment of levy

Section 20(6)—delete subsection (6) and substitute:

1. (6)

   The Commissioner must cause notice of the auction to be published—

   1. (a)

      on at least 2 separate occasions in a newspaper circulating generally throughout the State; or

   2. (b)

      on a website determined by the Commissioner.

Part 15Amendment of Environment Protection Act 1993

26Amendment of section 28 – Normal procedure for making policies

Section 28(3)(b)—delete ", must cause an advertisement to be published in the Gazette and in a newspaper circulating generally in the State giving notice of its intention to prepare the draft policy and describing the general purpose of the proposed policy." and substitute:

—

1. (i)

   must publish in the Gazette a notice of its intention to prepare the draft policy that includes a description of the general purpose of the proposed policy; and

2. (ii)

   must also publish a copy of the notice—

   1. (A)

      on a website determined by the Authority; or

   2. (B)

      in a newspaper circulating generally in the State,

(or both).

27Amendment of section 39 – Notice and submissions in respect of applications for environmental authorisations

1. (1)

   Section 39(1)(a)—delete "in a newspaper circulating generally in the State,"

2. (2)

   Section 39—after subsection (1) insert:

   1. (1aa)

      For the purposes of subsection (1)(a), public notice of the application may be published—

      1. (a)

         on a website determined by the Authority; or

      2. (b)

         in a newspaper circulating generally in the State,

   (or both).

28Amendment of section 46 – Notice and submissions in respect of proposed variations of conditions

Section 46(1)(b)—delete paragraph (b) and substitute:

1. (b)

   cause public notice of the proposed variation to be published in a manner and form determined by the Authority to be most appropriate in the circumstances—

   1. (a)

      setting out the reasons for the proposed variation; and

   2. (b)

      inviting interested persons to make written submissions in relation to the proposed variation within a period specified in the notice (being not less than 14 days from the date of publication as specified in the notice for the purpose); and

29Amendment of section 69B – Sale and supply of beverages in containers

Section 69B(3), penalty provision—delete "$4 000" and substitute:

$30 000

Part 16Amendment of Explosives Act 1936

30Amendment of section 25 – Power to sell explosives

Section 25(2)—delete subsection (2) and substitute:

1. (2)

   A call for public tender under subsection (1) must be published—

   1. (a)

      on a website determined by the Director; or

   2. (b)

      in a newspaper circulating generally in the State.

Part 17Amendment of Fire and Emergency Services Act 200531Amendment of section 78 – Fire danger season

Section 78(3)—delete subsection (3) and substitute:

1. (3)

   An order under this section must be published—

   1. (a)

      in the Gazette; and

   2. (b)

      also—

      1. (i)

         on a website determined by the Chief Officer; or

      2. (ii)

         in a newspaper circulating generally in the State; or

      3. (iii)

         in a newspaper circulating in the locality to which the order relates.

32Amendment of section 105F – Private land

Section 105F(9)(c)(i)—delete subparagraph (i) and substitute:

1. (i)

   by publishing the notice—

   1. (A)

      on a website determined by the Minister; or

   2. (B)

      in a newspaper circulating in the locality of the land; and

Part 18Amendment of Fisheries Management Act 2007

33Amendment of section 44 – Procedure for preparing management plans

Section 44(1)(a)—after "published" insert:

on a website determined by the Minister or

34Amendment of section 54 – Application for licence, permit or registration

1. (1)

   Section 54(1)(b)—delete "signed by the applicant and"

2. (2)

   Section 54(1)(c)—delete "fee fixed by regulation" and substitute:

   prescribed fee

3. (3)

   Section 54(4)—delete "fixed by regulation" and substitute:

   prescribed by the regulations

35Amendment of section 57 – Transfer of licence or permit

1. (1)

   Section 57(3)(c)—delete "signed by the applicants and"

2. (2)

   Section 57(3)(d)—delete "fee fixed by regulation" and substitute:

   prescribed fee

36Amendment of section 64 – Applications for registration

1. (1)

   Section 64(1)(b)—delete "signed by the applicant and"

2. (2)

   Section 64(1)(d)—delete "fixed by regulation" and substitute:

   prescribed by the regulations

3. (3)

   Section 64(4)—delete "fixed by regulation" and substitute:

   prescribed by the regulations

37Amendment of section 68 – Issue of duplicate authority

Section 68—delete "fee fixed by regulation" and substitute:

prescribed fee

38Amendment of section 104 – Demerit points for certain offences

Section 104—after subsection (6) insert:

1. (6a)

   In deciding whether any proper cause exists for the purposes of subsection (6), the court may have regard to any of the following matters:

   1. (a)

      the circumstances in which the offence was committed;

   2. (b)

      whether, as a result of being found guilty of the offence, the person would be liable to be disqualified under section 105, and whether such disqualification would cause hardship to the person that is disproportionate to the offence;

   3. (c)

      any other cause as the court thinks proper in the circumstances.

39Amendment of section 116 – Registers

1. (1)

   Section 116(5)—delete "fee fixed by regulation" and substitute:

   prescribed fee

2. (2)

   Section 116(9)—delete "fee fixed by regulation" and substitute:

   prescribed fee

40Amendment of section 127 – General

1. (1)

   Section 127(2)(c) and (d)—delete paragraphs (c) and (d)

2. (2)

   Section 127—after subsection (2) insert:

   1. (2a)

      The regulations may—

      1. (a)

         prescribe fees for the purposes of this Act and regulate the payment, refund, waiver or reduction of such fees; and

      2. (b)

         prescribe various methods for the calculation of various fees; and

      3. (c)

         prescribe fees which may be differential, varying according to any factor stated in the regulations; and

      4. (d)

         prescribe amounts payable for the late payment of fees under this Act.

3. (3)

   Section 127(4)—delete "Fees or demerit" and substitute:

   Demerit

Part 19Amendment of Gaming Machines Act 1992

41Amendment of section 29 – Certain applications require advertisement

Section 29(2)—delete subsection (2) and substitute:

1. (2)

   If an application is required to be advertised, the applicant—

   1. (a)

      must publish notice of the application in the prescribed form—

      1. (i)

         in the Gazette; and

      2. (ii)

         on a website determined by the Commissioner,

   at least 28 days before the date fixed for the hearing of the application; and

   1. (b)

      may publish notice of the application in the prescribed form—

      1. (i)

         in a newspaper circulating generally throughout the State; and

      2. (ii)

         in the case of an application in respect of a gaming machine licence, a proposed premises certificate or a social effect certificate—in another newspaper circulating in the area in which the licensed premises are, or are to be, situated,

   at least 28 days before the date fixed for the hearing of the application; and

   1. (c)

      in the case of an application in respect of a gaming machine licence, a proposed premises certificate or a social effect certificate—must serve notice of the application in the prescribed form on the council under the Local Government Act 1999 for the area in which the licensed premises are, or are to be, situated.

42Amendment of section 42A – Advertisement of certain applications and objections

Section 42A(1)—delete subsection (1) and substitute;

1. (1)

   If the Commissioner so directs, an application for approval must be advertised, at least 28 days before the date fixed for the hearing of the application, by publication by the applicant of notice, in a form approved by the Commissioner—

   1. (a)

      in the Gazette; and

   2. (b)

      —

      1. (i)

         on a website determined by the Commissioner; or

      2. (ii)

         in a newspaper circulating generally throughout the State.

Part 20Amendment of Geographical Names Act 1991

43Amendment of section 11B – Assignment of geographical name

1. (1)

   Section 11B(2)(d)—delete "to be published in the Gazette and in a newspaper circulating in the neighbourhood of that place a notice" and substitute:

   a notice to be published

2. (2)

   Section 11B—after subsection (2) insert:

   1. (2a)

      A notice under subsection (2) must be published in the Gazette and—

      1. (a)

         on a website determined by the Minister; or

      2. (b)

         in a newspaper circulating generally in the neighbourhood of the relevant place.

Part 21Amendment of Government Business Enterprises (Competition) Act 1996

44Amendment of section 11 – Public notice of investigation

Section 11(1)—delete subsection (1) and substitute:

1. (1)

   When a Commissioner begins an investigation, the Commissioner must give public notice of the investigation, in a manner and form determined by the Commissioner to be most appropriate in the circumstances, inviting interested persons to make written representations on the subject matter of the investigation within a period (which must be reasonable) specified in the notice for that purpose.

Part 22Amendment of Heavy Vehicle National Law (South Australia) Act 2013

45Amendment of section 10 – Other declarations for purposes of Heavy Vehicle National Law in this jurisdiction

Section 10(g)—delete "section 556" and substitute:

sections 556 and 590D

Part 23Repeal of Housing Loans Redemption Fund Act 1962

46Repeal of Housing Loans Redemption Fund Act 1962

The Housing Loans Redemption Fund Act 1962 is repealed.

Part 24Amendment of Impounding Act 192047Amendment of section 25 – Notice of impounding

Section 25(5)—after "published" insert:

on a website determined by the Minister or

48Amendment of section 26 – Poundkeeper may charge for service of notice

Section 26(1)(b)—delete "in publishing the notice" and substitute:

if the notice is published

49Amendment of section 32 – Proceedings prior to sale by poundkeeper of unclaimed cattle

Section 32(1)(c)—delete paragraph (c) and substitute:

1. (c)

   where such notice has been given by being published in accordance with this Act—within 21 days of the date specified in the notice for the purpose (which must not be a date occurring before the date of publication),

50Amendment of section 33 – Time and mode of sale of impounded cattle

1. (1)

   Section 33(1)(b)—delete paragraph (b) and substitute:

   1. (b)

      in any other case—not less than 24 clear days after the date specified in the notice for the purpose (which must not be a date occurring before the date the notice is posted or published in accordance with this Act):

2. (2)

   Section 33(2)(c)—after "published" insert:

   on a website determined by the Minister or

Part 25Amendment of Irrigation Act 2009

51Amendment of section 14 – Dissolution on application

Section 14(7)—after paragraph (b) insert:

; and

1. (c)

   the property, rights and liabilities of the trust—

   1. (i)

      will vest in or attach to 1 or more persons specified by the Minister in the notice; or

   2. (ii)

      will, if, in the opinion of the Minister, it is not practicable or appropriate for the property, rights and liabilities to vest in or attach to a person under subparagraph (i), vest in or attach to—

1. 1. 1. (A)

         the Crown; or

      2. (B)

         an agency or instrumentality of the Crown (including a Minister),

   as specified by the Minister in the notice.

52Amendment of section 15 – Dissolution on Minister's initiative

Section 15(6)—after paragraph (b) insert:

; and

1. (c)

   the property, rights and liabilities of the trust—

   1. (i)

      will vest in or attach to 1 or more persons specified by the Minister; or

   2. (ii)

      will, if, in the opinion of the Minister, it is not practicable or appropriate for the property, rights and liabilities to vest in or attach to a person under subparagraph (i), vest in or attach to—

      1. (A)

         the Crown; or

      2. (B)

         an agency or instrumentality of the Crown (including a Minister),

   as specified by the Minister.

53Repeal of section 16

Section 16—delete the section

Part 26Repeal of Liens on Fruit Act 192354Repeal of Liens on Fruit Act 1923

The Liens on Fruit Act 1923 is repealed.

Part 27Amendment of Livestock Act 199755Amendment of section 37 – Gazette notices

Section 37(3)(a)—after "published" insert:

, on a website determined by the Minister, or

Part 28Amendment of Local Government Act 199956Amendment of section 44 – Delegations

1. (1)

   Section 44(6)—delete ", and should at least once in every financial year review the delegations for the time being in force under this section"

2. (2)

   Section 44—after subsection (6) insert:

   1. (6a)

      The council may at any time, and must within 12 months after the conclusion of each periodic election, review the delegations for the time being in force under this section.

Part 29Amendment of Marine Parks Act 2007

57Amendment of section 14 – Procedure for making or amending management plans

1. (1)

   Section 14(4)(a)—delete "in the Gazette, in a newspaper circulating generally within the State and"

2. (2)

   Section 14(4)(b)—delete "on a website," and substitute:

   , on a website

3. (3)

   Section 14(4)(f)—delete "in the Gazette, in a newspaper circulating generally within the State and on a website determined by the Minister, give notice of" and substitute:

   on a website determined by the Minister, specify

Part 30Amendment of Maritime Services (Access) Act 2000

58Amendment of section 43 – Review and expiry of Part

Section 43(3)—delete subsection (3) and substitute:

1. (3)

   The Commission must give reasonable notice of the review, by publishing a notice in a manner and form determined by the Commission to be most appropriate in the circumstances, inviting written submissions on the matters under review within a reasonable time specified for the purpose in the notice.

Part 31Amendment of Motor Vehicles Act 1959

59Amendment of section 38A – Reduced fees for pensioner entitlement card holders

Section 38A(1)(a)—delete paragraph (a) and substitute:

1. (a)

   is entitled, as the holder of a pensioner entitlement card issued under an Act or law of the Commonwealth, to travel on public transport in this State at reduced fares; and

60Amendment of section 38AB – Registration fees for trailers owned by pensioner entitlement card holders

Section 38AB(1)(a)—delete paragraph (a) and substitute:

1. (a)

   is entitled, as the holder of a pensioner entitlement card issued under an Act or law of the Commonwealth, to travel on public transport in this State at reduced fares; and

61Amendment of section 47C – Return, recovery etc of number plates

Section 47C(2)—delete subsection (2) and substitute:

1. (2)

   If the registration of a motor vehicle—

   1. (a)

      has expired; or

   2. (b)

      has become void or has been found to have been void; or

   3. (c)

      is cancelled otherwise than on application as referred to in subsection (1),

the Registrar may, by notice given in a manner and form determined by the Minister to the owner of the vehicle or the person who is or was last registered as the owner or the operator of the vehicle, direct the person to either—

1. (d)

   destroy the number plates; or

2. (e)

   surrender the number plates to the Registrar; or

3. (f)

   ensure that the number plates are securely stored so that they cannot be affixed to any motor vehicle that is driven, or allowed to stand on, a road,

within the period specified in the notice.

62Substitution of section 72

Section 72—delete the section and substitute:

72—Classification of licences

1. (1)

   A licence must be assigned 1 or more prescribed classifications.

2. (2)

   Subject to this Act, if a person applies for the grant or renewal of a licence and the licence is granted or renewed (as the case may be), the Registrar must ensure that the licence is assigned the classification for which the person has applied.

3. (3)

   If—

   1. (a)

      an applicant for the renewal of a licence applies for the licence to be assigned any further or other classification; and

   2. (b)

      the Registrar is satisfied that the applicant is competent to drive a motor vehicle in respect of which that further or other classification is required under this Act,

the Registrar must ensure that the licence, if renewed, is assigned that further or other classification.

1. (4)

   If the Registrar is satisfied that a person who holds a licence is competent to drive motor vehicles for which a licence assigned a further or other classification is required under this Act, the Registrar must ensure that the licence is assigned the appropriate further or other classification.

2. (5)

   The Registrar may, for the purposes of this section, require a person who holds a licence or applies for the grant or renewal of a licence to provide evidence to the satisfaction of the Registrar of the person's competency to drive motor vehicles for which a particular classification is required under this Act.

3. (6)

   The regulations may provide that, for the purposes of this Act, a person is to be taken to hold a licence that is assigned a particular classification if the person has held a licence of some other classification for a prescribed period (the qualifying period).

4. (7)

   Subject to the regulations, a classification assigned to a licence must be endorsed on the licence.

5. (8)

   For the purposes of this Act, in determining whether a person has held a licence for the qualifying period, any period during which—

   1. (a)

      the person's licence was suspended; or

   2. (b)

      the person was disqualified from holding or obtaining a licence in this State or in another State or Territory of the Commonwealth,

is not to be taken into account.

63Amendment of section 79 – Examination of applicant for licence or learner's permit

1. (1)

   Section 79(1)(a)—delete paragraph (a) and substitute:

   1. (a)

      the applicant satisfies the Registrar, by such evidence as the Registrar may require, that the applicant has passed the prescribed theoretical examination conducted by a tester in the prescribed manner; or

2. (2)

   Section 79(3), definition of tester—delete the definition and substitute:

   tester means—

   1. (a)

      a police officer; or

   2. (b)

      a person, or person of a class, appointed or authorised by the Registrar to conduct theoretical examinations for the purposes of this section.

64Amendment of section 80 – Ability or fitness to be granted or hold licence or permit

Section 80(2a)(f)—delete paragraph (f) and substitute:

1. (f)

   remove a classification assigned to the person's licence, or substitute for a classification assigned to the person's licence another classification.

65Amendment of section 141 – Evidence by certificate etc

Section 141(1)(a)—before "category" insert:

class or

66Amendment of section 145 – Regulations

Section 145(1)(gd)—delete paragraph (gd) and substitute:

1. (gd)

   prescribing the qualifications that are required to be held before a person may hold, or be taken to hold, a licence assigned a particular classification, and empowering the Registrar to exempt persons, conditionally or unconditionally, from that requirement; and

Part 32Amendment of National Parks and Wildlife Act 197267Amendment of section 5 – Interpretation

1. (1)

   Section 5, definition of the Director—delete the definition and substitute:

   Director means the person for the time being holding, or acting in, the office of Director of National Parks and Wildlife (see section 11A);

2. (2)

   Section 5, after the definition of protected animal insert:

   public notice means notice published on a website determined by the Minister;

68Insertion of section 11A

After section 11 insert:

11A—Director of National Parks and Wildlife

1. (1)

   The Minister may, by notice in the Gazette, appoint a Public Service employee to be the Director of National Parks and Wildlife.

2. (2)

   The Minister may appoint a Public Service employee to act as the Director during any period for which—

   1. (a)

      no person is for the time being appointed as the Director; or

   2. (b)

      the Director is absent from, or unable to discharge, official duties.

69Amendment of section 38 – Management plans

Section 38(3)—delete "reserve the Minister must cause notice that the plan of management has been prepared to be published in the Gazette and in a newspaper circulating generally throughout the State" and substitute:

reserve, the Minister must state, by public notice prepared in accordance with subsection (5), that the plan of management has been prepared

70Amendment of section 41A – Alteration of boundaries of reserves

1. (1)

   Section 41A(2)—delete "cause to be published in the Gazette and in a newspaper circulating generally throughout the State an advertisement" and substitute:

   give public notice

2. (2)

   Section 41A(2)(a)—delete "giving notice of" and substitute"

   stating

71Amendment of section 49A – Permits for commercial purposes

1. (1)

   Section 49A(1)—delete "in a newspaper circulating generally throughout the State" and substitute:

   on a website determined by the Minister

2. (2)

   Section 49A(4)—delete "in a newspaper circulating generally throughout the State" and substitute:

   on a website determined by the Minister

72Amendment of section 60D – Code of management

1. (1)

   Section 60D(5)—delete "notice published in the Gazette and in a newspaper circulating generally throughout the State" and substitute:

   public notice

2. (2)

   Section 60D(7)—delete "a notice stating the place or places at which copies of the code may be inspected or purchased must be published in a newspaper circulating generally throughout the State" and substitute:

   public notice must be given stating the place or places at which copies of the code may be inspected or purchased

73Amendment of section 60I – Plan of management

1. (1)

   Section 60I(4)—delete "notice published in the Gazette and in a newspaper circulating generally throughout the State" and substitute:

   public notice

2. (2)

   Section 60I(7)—delete subsection (7) and substitute:

   1. (7)

      The Minister must, by public notice, state that a plan of management has been adopted under this section.

Part 33Amendment of Payroll Tax Act 2009

74Amendment of section 95 – Assessment if no probate within 6 months of death

Section 95(2)—delete subsection (2) and substitute:

1. (2)

   The Commissioner—

   1. (a)

      must cause notice of the assessment to be published on a website determined by the Commissioner; and

   2. (b)

      may also cause notice of the assessment to be published on at least 2 separate occasions in a daily newspaper circulating in the State or Territory in which the deceased resided.

Part 34Amendment of Petroleum Products Regulation Act 1995

75Amendment of section 34 – Controls during periods of restriction

Section 34(5)(b)(ii)—delete "in the Gazette or in a newspaper circulating generally throughout the State." and substitute:

—

1. (A)

   in the Gazette; or

2. (B)

   on a website determined by the Minister; or

3. (C)

   in a newspaper circulating generally throughout the State.

76Amendment of section 38 – Publication of desirable principles for conserving petroleum

Section 38(1)—delete subsection (1) and substitute:

1. (1)

   The Minister may publish principles that the public should, in the Minister's opinion, be encouraged to observe in relation to the conservation of petroleum products during a period of restriction, by notice published—

   1. (a)

      in the Gazette; or

   2. (b)

      on a website determined by the Minister; or

   3. (c)

      in a newspaper circulating generally throughout the State.

Part 35Amendment of Phylloxera and Grape Industry Act 1995

77Amendment of section 18 – Duty to prepare and maintain five year plan

Section 18(2)(a)—delete paragraph (a) and substitute:

1. (a)

   publish a notice of the date, time, place and purpose of that meeting on a website determined by the Board or in a newspaper circulating generally throughout the State (or both); and

Part 36Amendment of Prices Act 1948

78Amendment of section 12 – Accounts and records in relation to certain declared goods and services

Section 12(3)(b)—after "Gazette" insert:

, on the Commissioner's website

Part 37Amendment of Primary Industry Funding Schemes Act 1998

79Amendment of section 9 – Management plan for fund

Section 9(5)—delete "in a newspaper circulating generally throughout the State" and substitute:

in a manner and form that, in the opinion of the person or body, will be most likely to bring the notice to the attention of members of the public

Part 38Amendment of Public Assemblies Act 197280Amendment of section 4 – Notice of assembly

Section 4(8)(b)—before subparagraph (i) insert:

1. (ai)

   on a website determined by the Minister; or

Part 39Amendment of Rail Safety National Law (South Australia) Act 2012

81Amendment of section 7 – Exclusion of legislation of this jurisdiction

Section 7(2)—delete "the following Acts of this jurisdiction do not apply to this Act and the Rail Safety National Law (South Australia) or to instruments made under that Law (except as applied under the Law)" and substitute:

and except as applied under the Rail Safety National Law (South Australia) (including the regulations made under that Law), the following Acts of this jurisdiction do not apply to this Act and the Rail Safety National Law (South Australia) or to instruments made under that Law

Part 40Amendment of Railways (Operations and Access) Act 1997

82Amendment of section 7A – Review and expiry of access regime

Section 7A(2)—delete subsection (2) and substitute:

1. (2)

   The regulator must give reasonable notice of the review, by publishing a notice in a manner and form determined by the regulator to be most appropriate in the circumstances, inviting written submissions on the matters under review within a reasonable time specified for the purpose in the notice.

Part 41Amendment of Real Property Act 188683Amendment of section 3 – Interpretation

Section 3(1), definition of appropriate form—after "a form" insert:

, which may be an electronic form,

84Amendment of section 54 – Form of instruments and manner of lodgement

Section 54(1)—after "complies with this Act" insert:

, is lodged in a manner approved by the Registrar-General

85Insertion of section 160A

After section 160 insert:

160A—Note of revocation or death may be made on electronic copy of power of attorney

A requirement under this Part for entry of a note of the revocation of a power of attorney, or of the death of the grantor of a power of attorney, to be made on the duplicate or copy of the power of attorney will be taken to have been satisfied for the purposes of this Part if a note of the revocation or death is entered on an electronic copy of the duplicate or copy.

Part 42Repeal of Redundant Officers Fund Act 193686Repeal of Redundant Officers Fund Act 1936

The Redundant Officers Fund Act 1936 is repealed.

Part 43Amendment of Road Traffic Act 1961

87Amendment of section 33 – Road closing and exemptions for certain events

1. (1)

   Section 33(1)—delete subsection (1) and substitute:

   1. (1)

      On the application of any person interested, the Minister may declare an event to be an event to which this section applies and may do either or both of the following:

      1. (a)

         make an order directing that specified roads (being roads on which the event is to be held or roads that, in the Minister's opinion, should be closed for the purposes of the event) be closed to traffic for a period specified in, or determined in accordance with, the order;

      2. (b)

         make an order directing that persons participating in the event be exempted, in relation to specified roads, from the duty to observe an enactment, regulation or by-law prescribing a rule to be observed on roads by pedestrians or drivers of vehicles.

2. (2)

   Section 33(3)—delete "to close a road"

Part 44Repeal of Sex Disqualification (Removal) Act 1921

88Repeal of Sex Disqualification (Removal) Act 1921

The Sex Disqualification (Removal) Act 1921 is repealed.

Part 45Repeal of Snowy Mountains Engineering Corporation (South Australia) Act 1971

89Repeal of Snowy Mountains Engineering Corporation (South Australia) Act 1971

The Snowy Mountains Engineering Corporation (South Australia) Act 1971 is repealed.

Part 46Repeal of Statistics Act 193590Repeal of Statistics Act 1935

The Statistics Act 1935 is repealed.

Part 47Repeal of Statutory Salaries and Fees Act 194791Repeal of Statutory Salaries and Fees Act 1947

The Statutory Salaries and Fees Act 1947 is repealed.

Part 48Amendment of Summary Offences Act 1953

92Amendment of section 72A – Power to conduct metal detector searches etc

Section 72A(5)—after "State" insert:

or on the Commissioner's website

Part 49Amendment of Taxation Administration Act 1996

93Amendment of section 4 – Meaning of taxation laws

Section 4(b) and (c)—delete paragraphs (b) and (c)

94Amendment of section 110 – Offences by persons involved in management of corporations

1. (1)

   Section 110(1)—delete "a prescribed offence" and substitute:

   an offence against section 59

2. (2)

   Section 110(7)—delete subsection (7)

Part 50Repeal of War Service Rights (State Employees) Act 1945

95Repeal of War Service Rights (State Employees) Act 1945

The War Service Rights (State Employees) Act 1945 is repealed.

Part 51Repeal of Westpac/Challenge Act 199696Repeal of Westpac/Challenge Act 1996

The Westpac/Challenge Act 1996 is repealed.

Part 52Amendment of Wilderness Protection Act 199297Amendment of section 3 – Interpretation

Section 3(1), definition of public notice—delete "in the Gazette" and substitute:

on a website determined by the Minister

98Amendment of section 12 – Wilderness code of management

Section 12(9)—delete subsection (9) and substitute:

1. (9)

   The Minister must, by notice in the Gazette, declare that a revised or substituted code of management has been adopted under this section.

99Amendment of section 16 – Prevention of certain activities

Section 16(7)(b)—delete paragraph (b) and substitute:

1. (b)

   if the whereabouts of the person are unknown—by publishing the notice—

   1. (i)

      in a newspaper circulating generally throughout the State; or

   2. (ii)

      on a website determined by the Minister,

(as the Minister considers appropriate in the circumstances).

100Amendment of section 31 – Plans of management

Section 31(14)—delete subsection (14) and substitute:

1. (14)

   The Minister must, by notice in the Gazette, declare that a plan of management has been adopted under this section.

101Amendment of section 33 – Prohibited areas

1. (1)

   Section 33(1)—delete "public notice" and substitute:

   notice published in the Gazette and on a website determined by the Minister

2. (2)

   Section 33(5)—delete "public notice" and substitute:

   subsequent notice published in the Gazette and on a website determined by the Minister

Part 53Amendment of Work Health and Safety Act 2012

102Amendment of section 274 – Approved codes of practice

Section 274(6)—after "Gazette and" insert:

on a website determined by the Minister or in