South Australian Consolidated Acts South Australian Consolidated ActsNotes
• Please note—References in the legislation to other
legislation or instruments or to titles of bodies or offices are not
automatically updated as part of the program for the revision and publication of
legislation and therefore may be obsolete.
• Earlier versions of this Act (historical versions) are listed at
the end of the legislative history.
• For further information relating to the Act and subordinate
legislation made under the Act see the Index of South Australian Statutes or
www.legislation.sa.gov.au.
Formerly
Australian Formula One Grand Prix Act 1984
Principal Act and amendments
New entries appear in bold.
|
Year |
No |
Title |
Assent |
Commencement |
|
1984 |
97 |
Australian Formula One Grand Prix Act 1984 |
20.12.1984 |
20.12.1984 (Gazette 20.12.1984 p1885) |
|
1985 |
83 |
Australian Formula One Grand Prix Act Amendment
Act 1985 |
5.9.1985 |
5.9.1985 |
|
1986 |
20 |
Australian Formula One Grand Prix Act Amendment
Act 1986 |
20.3.1986 |
20.3.1986 (Gazette 20.3.1986 p590) |
|
1988 |
105 |
Australian Formula One Grand Prix Act Amendment
Act 1988 |
15.12.1988 |
12.1.1989 (Gazette 12.1.1989 p52) |
|
1996 |
34 |
Statutes Amendment and Repeal (Common Expiation Scheme)
Act 1996 |
2.5.1996 |
Sch (cl 5)—3.2.1997 (Gazette 19.12.1996 p1923) |
|
1998 |
70 |
Australian Formula One Grand Prix (South Australian Motor Sport)
Amendment Act 1998 |
3.12.1998 |
17.12.1998 (Gazette 17.12.1998 p1920) |
|
1999 |
33 |
17.6.1999 |
Sch (item 51)—1.7.1999 being the date specified under s 3(16) of the
Financial Sector Reform (Amendments and Transitional Provisions) Act (No. 1)
1999 of the Commonwealth as the transfer date for the purposes of that Act:
s 2(2) |
|
|
2000 |
37 |
South Australian Motor Sport (Miscellaneous) Amendment
Act 2000 |
13.7.2000 |
13.7.2000 |
|
2001 |
18 |
Statutes Amendment (Gambling Regulation) Act 2001 |
31.5.2001 |
Pt 10 (s 50)—1.10.2001 (Gazette 13.9.2001
p4116) |
|
2005 |
69 |
8.12.2005 |
Sch 1 (cll 22—25)—14.12.2006 (Gazette 7.12.2006
p4269) |
|
|
2006 |
41 |
Statutes Amendment (Public Sector Employment) Act 2006 |
14.12.2006 |
Pt 21 (ss 97 & 98)—1.4.2007 (Gazette 29.3.2007
p930) |
|
2009 |
84 |
Statutes Amendment (Public Sector Consequential Amendments) Act
2009 |
10.12.2009 |
Pt 140 (ss 319—322)—1.2.2010 (Gazette 28.1.2010
p320) |
|
2010 |
18 |
Statutes Amendment (Driving Offences) Act 2010 |
14.10.2010 |
Pt 4 (s 11)—21.8.2011 (Gazette 18.8.2011
p3490) |
Provisions amended
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in
italics.
|
Provision |
How varied |
Commencement |
|
Long title |
amended by 70/1998 s 3 |
17.12.1998 |
|
Pt 1 |
|
|
|
s 1 |
substituted by 70/1998 s 4 |
17.12.1998 |
|
s 2 |
deleted by 70/1998 s 27 (Sch) |
17.12.1998 |
|
s 3 |
|
|
|
s 3(1) |
|
|
|
Australian Formula One Grand Prix |
deleted by 20/1986 s 3(a) |
20.3.1986 |
|
the Board |
deleted by 70/1998 s 5(a) |
17.12.1998 |
|
inserted by 70/1998 s 5(a) |
17.12.1998 |
|
|
the Chairman |
deleted by 70/1998 s 27 (Sch) |
17.12.1998 |
|
amended by 37/2000 s 9 (Sch) |
13.7.2000 |
|
|
substituted by 70/1998 s 5(b) |
17.12.1998 |
|
|
substituted by 70/1998 s 5(b) |
17.12.1998 |
|
|
Deputy Chairman |
deleted by 70/1998 s 27 (Sch) |
17.12.1998 |
|
inserted by 41/2006 s 97(1) |
1.4.2007 |
|
|
grand prix insignia |
inserted by 20/1986 s 3(b) |
20.3.1986 |
|
|
substituted by 105/1988 s 3(a) |
12.1.1989 |
|
|
deleted by 70/1998 s 5(c) |
17.12.1998 |
|
inserted by 83/1985 s 2(a) |
5.9.1985 |
|
|
the logo |
inserted by 20/1986 s 3(c) |
20.3.1986 |
|
|
deleted by 70/1998 s 5(d) |
17.12.1998 |
|
inserted by 70/1998 s 5(d) |
17.12.1998 |
|
|
official grand prix insignia |
inserted by 83/1985 s 2(b) |
5.9.1985 |
|
|
substituted by 20/1986 s 3(d) |
20.3.1986 |
|
|
deleted by 70/1998 s 5(e) |
17.12.1998 |
|
inserted by 70/1998 s 5(e) |
17.12.1998 |
|
|
inserted by 20/1986 s 3(d) |
20.3.1986 |
|
|
|
deleted by 70/1998 s 5(e) |
17.12.1998 |
|
inserted by 70/1998 s 5(e) |
17.12.1998 |
|
|
inserted by 20/1986 s 3(d) |
20.3.1986 |
|
|
|
substituted by 70/1998 s 5(e) |
17.12.1998 |
|
parkland |
deleted by 69/2005 Sch 1 cl 22 |
14.12.2006 |
|
inserted by 105/1988 s 3(b) |
12.1.1989 |
|
|
amended by 70/1998 s 5(f) |
17.12.1998 |
|
|
s 3(2) |
inserted by 83/1985 s 2(c) |
5.9.1985 |
|
|
amended by 70/1998 ss 5(g), 27 (Sch) |
17.12.1998 |
|
s 3(3) |
inserted by 20/1986 s 3(e) |
20.3.1986 |
|
|
amended by 105/1988 s 3(c) |
12.1.1989 |
|
|
substituted by 70/1998 s 5(h) |
17.12.1998 |
|
|
amended by 37/2000 s 2 |
13.7.2000 |
|
s 3(4) |
inserted by 20/1986 s 3(e) |
20.3.1986 |
|
|
deleted by 70/1998 s 5(h) |
17.12.1998 |
|
|
inserted by 41/2006 s 97(2) |
1.4.2007 |
|
s 3(5) |
inserted by 20/1986 s 3(e) |
20.3.1986 |
|
|
deleted by 70/1998 s 5(h) |
17.12.1998 |
|
s 3A |
inserted by 83/1985 s 3 |
5.9.1985 |
|
|
deleted by 70/1998 s 27 (Sch) |
17.12.1998 |
|
Pt 2 |
|
|
|
Pt 2 Div 1 |
|
|
|
s 4 |
|
|
|
s 4(1) |
substituted by 70/1998 s 6 |
17.12.1998 |
|
s 4(2) |
amended by 70/1998 s 27 (Sch) |
17.12.1998 |
|
s 4(3) |
substituted by 70/1998 s 27 (Sch) |
17.12.1998 |
|
s 5 |
|
|
|
s 5(1) |
amended by 70/1998 s 27 (Sch) |
17.12.1998 |
|
s 5(1a) |
inserted by 70/1998 s 7 |
17.12.1998 |
|
s 5(2) |
substituted by 70/1998 s 27 (Sch) |
17.12.1998 |
|
s 5(3) and (4) |
amended by 70/1998 s 27 (Sch) |
17.12.1998 |
|
s 6 |
|
|
|
s 6(1)—(5) |
amended by 70/1998 s 27 (Sch) |
17.12.1998 |
|
s 7 before deletion by 84/2009 |
|
|
|
s 7(1)—(3) |
amended by 70/1998 s 27 (Sch) |
17.12.1998 |
|
s 7 |
deleted by 84/2009 s 319 |
1.2.2010 |
|
s 8 |
|
|
|
s 8(1) and (2) |
amended by 70/1998 s 27 (Sch) |
17.12.1998 |
|
s 8(2a) |
inserted by 105/1988 s 4 |
12.1.1989 |
|
s 8(3) |
substituted by 70/1998 s 27 (Sch) |
17.12.1998 |
|
s 8(4) and (5) |
amended by 70/1998 s 27 (Sch) |
17.12.1998 |
|
s 8(6) |
substituted by 70/1998 s 27 (Sch) |
17.12.1998 |
|
s 9 |
|
|
|
s 9(1) |
amended by 70/1998 s 27 (Sch) |
17.12.1998 |
|
s 9(2) |
substituted by 70/1998 s 27 (Sch) |
17.12.1998 |
|
|
deleted by 84/2009 s 320 |
1.2.2010 |
|
s 9(3) |
amended by 70/1998 s 27 (Sch) |
17.12.1998 |
|
|
deleted by 84/2009 s 320 |
1.2.2010 |
|
Pt 2 Div 2 |
|
|
|
s 10 |
|
|
|
s 10(1) |
amended by 20/1986 s 4(a), (b) |
20.3.1986 |
|
|
substituted by 105/1988 s 5(a) |
12.1.1989 |
|
|
amended by 70/1998 s 8(a)—(d) |
17.12.1998 |
|
|
amended by 37/2000 s 3(a), (b) |
13.7.2000 |
|
s 10(2) |
amended by 20/1986 s 4(c), (d) |
20.3.1986 |
|
|
amended by 105/1988 s 5(b), (c) |
12.1.1989 |
|
|
(q) deleted by 105/1988 s 5(c) |
12.1.1989 |
|
|
amended by 70/1998 ss 8(e)—(j), 27 (Sch) |
17.12.1998 |
|
|
amended by 37/2000 s 3(c)—(f) |
13.7.2000 |
|
s 10AA |
inserted by 70/1998 s 9 |
17.12.1998 |
|
s 10A |
inserted by 105/1988 s 6 |
12.1.1989 |
|
s 10A(1) and (2) |
amended by 70/1998 s 27 (Sch) |
17.12.1998 |
|
s 11 |
|
|
|
s 11(1) |
substituted by 70/1998 s 10 |
17.12.1998 |
|
s 11(3) |
amended by 70/1998 s 27 (Sch) |
17.12.1998 |
|
s 12 |
amended by 70/1998 s 27 (Sch) |
17.12.1998 |
|
Pt 2 Div 3 before substitution by 41/2006 |
|
|
|
s 13 |
|
|
|
s 13(1) and (2) |
amended by 70/1998 s 27 (Sch) |
17.12.1998 |
|
s 13(3)—(8) |
substituted by 70/1998 s 27 (Sch) |
17.12.1998 |
|
s 14 |
substituted by 70/1998 s 27 (Sch) |
17.12.1998 |
|
Pt 2 Div 3 |
substituted by 41/2006 s 98 |
1.4.2007 |
|
s 13 |
|
|
|
s 13(2) |
substituted by 84/2009 s 321 |
1.2.2010 |
|
s 13(3) |
deleted by 84/2009 s 321 |
1.2.2010 |
|
s 14 |
|
|
|
s 14(3) |
amended by 84/2009 s 322(1) |
1.2.2010 |
|
s 14(4) |
deleted by 84/2009 s 322(2) |
1.2.2010 |
|
s 14(14) |
|
|
|
public sector agency |
amended by 84/2009 s 322(3) |
1.2.2010 |
|
Pt 2 Div 4 |
|
|
|
s 15 |
|
|
|
s 15(1) |
amended by 70/1998 s 27 (Sch) |
17.12.1998 |
|
|
amended by 33/1999 Sch (item 51(a)) |
1.7.1999 |
|
s 15(2) |
amended by 70/1998 s 27 (Sch) |
17.12.1998 |
|
|
amended by 33/1999 Sch (item 51(b)) |
1.7.1999 |
|
s 15(3) and (4) |
amended by 70/1998 s 27 (Sch) |
17.12.1998 |
|
s 16 |
deleted by 105/1988 s 7 |
12.1.1989 |
|
s 17 |
|
|
|
s 17(1) and (3) |
amended by 70/1998 s 27 (Sch) |
17.12.1998 |
|
s 18 |
substituted by 70/1998 s 27 (Sch) |
17.12.1998 |
|
s 19 |
|
|
|
s 19(1) |
substituted by 20/1986 s 5 |
20.3.1986 |
|
|
amended by 105/1988 s 8 |
12.1.1989 |
|
|
amended by 70/1998 s 11 |
17.12.1998 |
|
s 19(3) |
substituted by 70/1998 s 27 (Sch) |
17.12.1998 |
|
Pt 3 |
heading amended by 70/1998 s 12 |
17.12.1998 |
|
s 20 |
|
|
|
s 20(1) |
substituted by 70/1998 s 13(a) |
17.12.1998 |
|
|
amended by 37/2000 s 4(a) |
13.7.2000 |
|
|
amended by 69/2005 Sch 1 cl 23(1) |
14.12.2006 |
|
s 20(2) |
amended by 70/1998 s 27 (Sch) |
17.12.1998 |
|
|
amended by 37/2000 s 4(b) |
13.7.2000 |
|
s 20(3) |
inserted by 70/1998 s 13(b) |
17.12.1998 |
|
|
amended by 37/2000 s 4(c) |
13.7.2000 |
|
s 20(4) |
inserted by 69/2005 Sch 1 cl 23(2) |
14.12.2006 |
|
s 21 |
|
|
|
s 21(1) |
amended by 70/1998 ss 14(a), 27 (Sch) |
17.12.1998 |
|
s 21(2) |
amended by 70/1998 ss 14(b), 27 (Sch) |
17.12.1998 |
|
s 21(2a) |
inserted by 20/1986 s 6 |
20.3.1986 |
|
|
amended by 70/1998 ss 14(c), 27 (Sch) |
17.12.1998 |
|
s 21(3) |
amended by 70/1998 s 27 (Sch) |
17.12.1998 |
|
s 22 |
|
|
|
s 22(1) |
amended by 70/1998 ss 15, 27 (Sch) |
17.12.1998 |
|
|
amended by 69/2005 Sch 1 cl 24(1) |
14.12.2006 |
|
s 22(1a) |
inserted by 69/2005 Sch 1 cl 24(2) |
14.12.2006 |
|
s 22(2) |
amended by 70/1998 s 27 (Sch) |
17.12.1998 |
|
|
amended by 69/2005 Sch 1 cl 24(3) |
14.12.2006 |
|
s 22(2a) |
inserted by 69/2005 Sch 1 cl 24(4) |
14.12.2006 |
|
s 22(3) |
amended by 70/1998 s 27 (Sch) |
17.12.1998 |
|
|
amended by 69/2005 Sch 1 cl 24(5)—(7) |
14.12.2006 |
|
s 22(4)—(6) |
inserted by 69/2005 Sch 1 cl 24(8) |
14.12.2006 |
|
s 23 |
|
|
|
s 23(1) |
amended by 70/1998 ss 16, 27 (Sch) |
17.12.1998 |
|
s 23(2) |
amended by 70/1998 s 27 (Sch) |
17.12.1998 |
|
s 24 |
|
|
|
s 24(1) |
amended by 70/1998 s 17(a), (b) |
17.12.1998 |
|
s 24(2) |
amended by 70/1998 ss 17(c), 27 (Sch) |
17.12.1998 |
|
s 24(3) |
amended by 70/1998 ss 17(d), 27 (Sch) |
17.12.1998 |
|
s 24(4) |
inserted by 69/2005 Sch 25 |
14.12.2006 |
|
s 25 |
|
|
|
s 25(1) |
amended by 20/1986 s 7(a) |
20.3.1986 |
|
|
amended by 70/1998 ss 18(a), 27 (Sch) |
17.12.1998 |
|
|
amended by 37/2000 s 9 (Sch) |
13.7.2000 |
|
s 25(1a) |
inserted by 20/1986 s 7(b) |
20.3.1986 |
|
|
substituted by 18/2010 s 11 |
21.8.2011 |
|
s 25(2) |
amended by 70/1998 ss 18(b), 27 (Sch) |
17.12.1998 |
|
s 25(3) |
amended by 70/1998 ss 18(c), 27 (Sch) |
17.12.1998 |
|
s 26 |
amended by 70/1998 s 27 (Sch) |
17.12.1998 |
|
s 27 |
|
|
|
s 27(1) |
amended by 70/1998 ss 19, 27 (Sch) |
17.12.1998 |
|
s 27(2) |
amended by 70/1998 s 27 (Sch) |
17.12.1998 |
|
Pt 3A |
inserted by 20/1986 s 8 |
20.3.1986 |
|
s 27A |
amended by 70/1998 s 27 (Sch) |
17.12.1998 |
|
commissioned officer |
deleted by 37/2000 s 5(a) |
13.7.2000 |
|
senior police officer |
inserted by 37/2000 s 5(b) |
13.7.2000 |
|
s 27AB |
inserted by 37/2000 s 6 |
13.7.2000 |
|
s 27AB(3) |
amended by 18/2001 s 50 |
1.10.2001 |
|
s 27B |
|
|
|
s 27B(1) |
amended by 70/1998 s 27 (Sch) |
17.12.1998 |
|
|
amended by 37/2000 s 7 |
13.7.2000 |
|
s 27B(2) |
substituted by 70/1998 s 27 (Sch) |
17.12.1998 |
|
s 27C |
|
|
|
s 27C(1) |
amended by 70/1998 s 27 (Sch) |
17.12.1998 |
|
|
amended by 37/2000 s 8 |
13.7.2000 |
|
s 27C(2) and (3) |
amended by 70/1998 s 27 (Sch) |
17.12.1998 |
|
Pt 4 |
|
|
|
s 28 |
substituted by 70/1998 s 20 |
17.12.1998 |
|
s 28AA |
inserted by 70/1998 s 20 |
17.12.1998 |
|
s 28A |
inserted by 83/1985 s 4 |
5.9.1985 |
|
s 28A(1) |
substituted by 70/1998 s 21(a) |
17.12.1998 |
|
s 28A(2) |
amended by 70/1998 ss 21(b)—(d), 27 (Sch) |
17.12.1998 |
|
s 28A(3) |
amended by 70/1998 ss 21(e), 27 (Sch) |
17.12.1998 |
|
s 28B |
inserted by 83/1985 s 4 |
5.9.1985 |
|
s 28B(1) |
amended by 70/1998 ss 22, 27 (Sch) |
17.12.1998 |
|
s 28B(2) |
amended by 70/1998 s 27 (Sch) |
17.12.1998 |
|
s 28B(5) |
amended by 70/1998 s 27 (Sch) |
17.12.1998 |
|
s 29 |
deleted by 105/1988 s 9 |
12.1.1989 |
|
|
inserted by 70/1998 s 23 |
17.12.1998 |
|
s 30 |
|
|
|
s 30(1) |
amended by 34/1996 s 4 (Sch cl 5) |
3.2.1997 |
|
s 30(2) |
amended by 70/1998 ss 24, 27 (Sch) |
17.12.1998 |
|
s 30(3) |
amended by 70/1998 s 27 (Sch) |
17.12.1998 |
|
s 30(4) |
deleted by 34/1996 s 4 (Sch cl 5) |
3.2.1997 |
|
Sch |
inserted by 83/1985 s 5 |
5.9.1985 |
|
|
deleted by 70/1998 s 25 |
17.12.1998 |
Transitional etc provisions associated with Act or
amendments
Statutes Amendment and Repeal (Common Expiation
Scheme) Act 1996
5—Transitional provision
An Act repealed or amended by this Act will continue to apply (as in force
immediately prior to the repeal or amendment coming into operation) to an
expiation notice issued under the repealed or amended Act.
Australian Formula One Grand Prix (South Australian
Motor Sport) Amendment Act 1998
26—Transitional provision
The South Australian Motor Sport Board will have an 18 month financial year
commencing on 1 January 1998 and ending on 30 June 1999 (and thereafter will
have 12 month financial years commencing on 1 July in each year).
Statutes Amendment (Public Sector Employment) Act
2006, Sch 1—Transitional provisions
Note—
Also see Statutes Amendment (Public Sector Employment) (Transitional
Provisions) Regulations 2007.
1—Interpretation
In this Part, unless the contrary intention appears—
Commonwealth Act means the Workplace Relations
Act 1996 of the Commonwealth;
employing authority means—
(a) subject to paragraph (b)—the person who is the employing
authority under a relevant Act;
(b) in a case that
relates to employment under the Fire and Emergency Services
Act 2005—the Chief Executive of the South Australian Fire and
Emergency Services Commission, or the Chief Officer of an emergency services
organisation under that Act, as the case requires;
Industrial Commission means the Industrial Relations
Commission of South Australia;
prescribed body means—
(a) the Aboriginal Lands Trust;
(b) the Adelaide Cemeteries Authority;
(c) the Adelaide Festival Centre Trust;
(d) the Adelaide Festival Corporation;
(e) SA Ambulance Service Inc;
(f) the Minister to whom the administration of the Children's Services
Act 1985 is committed;
(g) the Minister to whom the administration of the Education
Act 1972 is committed;
(h) the Electricity Supply Industry Planning Council;
(i) a body constituted under the Fire and Emergency Services
Act 2005;
(j) the History Trust of South Australia;
(k) the Institute of Medical and Veterinary Science;
(l) a regional NRM board constituted under the Natural Resources
Management Act 2004;
(m) the Senior Secondary Assessment Board of South Australia;
(n) the South Australian Country Arts Trust;
(o) the South Australian Film Corporation;
(p) the South Australian Health Commission;
(q) an incorporated hospital under the South Australian Health
Commission Act 1976;
(r) an incorporated health centre under the South Australian Health
Commission Act 1976;
(s) the South Australian Motor Sport Board;
(t) the South Australian Tourism Commission;
(u) The State Opera of South Australia;
(v) the State Theatre Company of South Australia;
(w) the Minister to whom the administration of the Technical and
Further Education Act 1975 is committed;
relevant Act means—
(a) in a case that relates to employment with a prescribed body
established under an Act being amended by this Act—that Act;
(b) in a case that relates to employment with a prescribed body who is a
Minister to whom the administration of an Act being amended by this Act is
committed—that Act;
(c) in a case that relates to employment with a body constituted under the
Fire and Emergency Services Act 2005—that Act.
2—Transfer of employment
(1) Subject to this
clause, a person who, immediately before the commencement of this clause, was
employed by a prescribed body under a relevant Act will, on that commencement,
be taken to be employed by the employing authority under that Act (as amended by
this Act).
(2) The following
persons will, on the commencement of this clause, be taken to be employed as
follows:
(a) a person who, immediately before the commencement of this clause, was
employed under section 6L(1) of the Electricity Act 1996 will,
on that commencement, be taken to be employed by the employing authority under
that Act (as amended by this Act);
(b) a person who, immediately before the commencement of this clause, was
employed by the South Australian Fire and Emergency Services Commission will, on
that commencement, be taken to be employed by the Chief Executive of that
body;
(c) a person who, immediately before the commencement of this clause, was
employed by an emergency services organisation under the Fire and Emergency
Services Act 2005 will, on that commencement, be taken to be employed
by the Chief Officer of that body;
(d) a person who, immediately before the commencement of this clause, was
employed by an incorporated hospital or an incorporated health centre under the
South Australian Health Commission Act 1976 will, on that
commencement, be taken to be employed by an employing authority under that Act
(as amended by this Act) designated by the Governor by proclamation made for the
purposes of this paragraph.
(3) Subject to this
clause, the Governor may, by proclamation, provide that a person employed by a
subsidiary of a public corporation under the Public Corporations
Act 1993 will be taken to be employed by a person or body designated by
the Governor (and the arrangement so envisaged by the proclamation will then
have effect in accordance with its terms).
(4) Subject to subclause (5), an employment arrangement effected by
subclause (1), (2) or (3)—
(a) will be taken to provide for continuity of employment without
termination of the relevant employee's service; and
(b) will not affect—
(i) existing conditions of employment or existing or accrued rights to
leave; or
(ii) a process commenced for variation of those conditions or
rights.
(5) If, immediately
before the commencement of this clause, a person's employment within the ambit
of subclause (1), (2) or (3) was subject to the operation of an award or
certified agreement (but not an Australian Workplace Agreement) under the
Commonwealth Act, then, on that commencement, an award or enterprise agreement
(as the case requires) will be taken to be created under the Fair Work
Act 1994—
(a) with the same terms and provisions as the relevant industrial
instrument under the Commonwealth Act; and
(b) with any terms or provisions that existed under an award or enterprise
agreement under the Fair Work Act 1994, that applied in relation to
employment of the kind engaged in by the person, immediately before
27 March 2006, and that ceased to apply by virtue of the operation of
provisions of the Commonwealth Act that came into force on that day,
subject to any modification or exclusion prescribed by regulations made for
the purposes of this subclause and subject to the operation of
subclause (6).
(6) Where an award or
enterprise agreement is created by virtue of the operation of
subclause (5)—
(a) the award or enterprise agreement will be taken to be made or approved
(as the case requires) under the Fair Work Act 1994 on the day on
which this clause commences; and
(b) the Fair Work Act 1994 will apply in relation to the award
or enterprise agreement subject to such modifications or exclusions as may be
prescribed by regulations made for the purposes of this subclause; and
(c) the Industrial Commission may, on application by the Minister to whom
the administration of the Fair Work Act 1994 is committed, or an
application by a person or body recognised by regulations made for the purposes
of this subclause, vary or revoke any term or provision of the award or
enterprise agreement if the Industrial Commission is satisfied that it is fair
and reasonable to do so in the circumstances.
3—Superannuation
(1) If a prescribed
body under a relevant Act is, immediately before the commencement of this
clause, a party to an arrangement relating to the superannuation of one or more
persons employed by the prescribed body, then the relevant employing authority
under that Act will, on that commencement, become a party to that arrangement in
substitution for the prescribed body.
(2) Nothing that takes effect under subclause (1)—
(a) constitutes a breach of, or default under, an Act or other law, or
constitutes a breach of, or default under, a contract, agreement, understanding
or undertaking; or
(b) 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,
and subclause (1) may have effect despite any other Act or
law.
(3) An amendment effected to another Act by this Act does not affect a
person's status as a contributor under the Superannuation Act 1988
(as it may exist immediately before the commencement of this Act).
4—Interpretative provision
(1) The Governor may,
by proclamation, direct that a reference in any instrument (including a
statutory instrument) or a contract, agreement or other document to a prescribed
body, or other specified agency, instrumentality or body, will have effect as if
it were a reference to an employing authority under a relevant Act, the Minister
to whom the administration of a relevant Act is committed, or some other person
or body designated by the Governor.
(2) A proclamation under subclause (1) may effect a transfer of
functions or powers.
5—Related matters
(1) A notice in force under section 51 of the Children's Services
Act 1985 immediately before the commencement of this clause will
continue to have effect for the purposes of that section, as amended by this
Act.
(2) A notice in force under section 28 of the Institute of Medical
and Veterinary Science Act 1982 immediately before the commencement of
this clause will continue to have effect for the purposes of that section, as
amended by this Act.
(3) A notice in force under section 61 of the South Australian Health
Commission Act 1976 immediately before the commencement of this clause
will continue to have effect for the purposes of that section, as amended by
this Act.
(4) A notice in force under section 13(6) of the South Australian Motor
Sport Act 1984 immediately before the commencement of this clause will
continue to have effect after that commencement but may, pursuant to this
subclause, be varied from time to time, or revoked, by the Minister to whom the
administration of that Act is committed.
(5) The fact that a person becomes an employer in his or her capacity as
an employing authority under an Act amended by this Act does not affect the
status of any body or person as an employer of public employees for the purposes
of the Fair Work Act 1994 (unless or until relevant regulations are
made under the provisions of that Act).
6—Other provisions
(1) The Governor may,
by regulation, make additional provisions of a saving or transitional nature
consequent on the enactment of this Act.
(2) A provision of a
regulation made under subclause (1) may, if the regulation so provides,
take effect from the commencement of this Act or from a later day.
(3) To the extent to which a provision takes effect under
subclause (2) from a day earlier than the day of the regulation's
publication in the Gazette, the provision does not operate to the disadvantage
of a person by—
(a) decreasing the person's rights; or
(b) imposing liabilities on the person.
(4) The Acts Interpretation Act 1915 will, except to the
extent of any inconsistency with the provisions of this Schedule (or regulations
made under this Schedule), apply to any amendment or repeal effected by this
Act.
Historical versions
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Reprint No 1—1.7.1991 |
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Reprint No 2—3.2.1997 |
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Reprint No 3—17.12.1998 |
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Reprint No 4—1.7.1999 |
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Reprint No 5—13.7.2000 |
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Reprint No 6—1.10.2001 |
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14.12.2006 |
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1.4.2007 |
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1.2.2010 |
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