Statutes Amendment (Honesty and Accountability in Government) Act 2003 (SA)

South Australia

Statutes Amendment (Honesty and Accountability in Government) Act 2003

An Act to amend the Criminal Law Consolidation Act 1935, the Industrial and Employee Relations Act 1994, the Public Corporations Act 1993 and the Public Sector Management Act 1995.

The Parliament of South Australia enacts as follows:

Part 1—Preliminary

1—Short title

This Act may be cited as the Statutes Amendment (Honesty and Accountability in Government) Act 2003.

2—Commencement

This Act will come into operation on a day to be fixed by proclamation.

3—Interpretation

A reference in this Act to the principal Act is a reference to the Act referred to in the heading to the Part in which the reference occurs.

Part 2—Amendment of Criminal Law Consolidation Act 1935

4—Amendment of s. 237—Definitions

Section 237 of the principal Act is amended—

1. (a)

   by striking out from paragraph (h) of the definition of public officer "body," and substituting "body; or";

2. (b)

   by inserting after paragraph (h) of the definition of public officer the following paragraph:

   1. (i)

      a person who personally performs work for the Crown, a State instrumentality or a local government body as a contractor or as an employee of a contractor or otherwise directly or indirectly on behalf of a contractor,.

5—Amendment of s. 251—Abuse of public office

Section 251 of the principal Act is amended by inserting after its present contents (now to be designated as subsection (1)) the following subsection:

1. (2)

   A former public officer who improperly uses information that he or she gained by virtue of his or her public office with the intention of—

   1. (a)

      securing a benefit for himself or herself or for another person; or

   2. (b)

      causing injury or detriment to another person,

is guilty of an offence.

Penalty: Imprisonment for 7 years.

Part 3—Amendment of Industrial and Employee Relations Act 1994

6—Amendment of s. 4—Interpretation

Section 4 of the principal Act is amended by striking out paragraph (a) of the definition of public employee in subsection (1) and substituting the following paragraph:

1. (a)

   a public sector employee, within the meaning of the Public Sector Management Act 1995, employed under, or subject to, that Act; or

7—Amendment of s. 36—Remuneration and conditions of office

Section 36 of the principal Act is amended by striking out from subsection (1)(b) "Part 3 of the Government Management and Employment Act 1985" and substituting "the Public Sector Management Act 1995".

Part 4—Amendment of Public Corporations Act 1993

8—Amendment of s. 3—Interpretation

Section 3 of the principal Act is amended—

1. (a)

   by striking out from the definition of debenture in subsection (1) "Corporations Law" and substituting "Corporations Act 2001 of the Commonwealth";

2. (b)

   by inserting after the definition of liability in subsection (1) the following definition:

   managed investment scheme has the same meaning as in the Corporations Act 2001 of the Commonwealth;;

3. (c)

   by striking out from subsection (1) the definition of prescribed interest;

4. (d)

   by striking out from the definition of relevant interest in subsection…