South Australian Consolidated Acts South Australian Consolidated ActsSchedule 1—Transitional provisions
The Governor may, by proclamation, declare that a reference in an Act or
instrument to a Minister is a reference to the Corporation and the
proclamation has effect in accordance with its terms.
2—Vesting of property, rights etc in Corporation
(1) Subject to the
Sewerage Act 1929 and the Waterworks Act 1932 , as amended by this
Act, the Corporation succeeds to all the property, rights, powers, liabilities
and obligations of the Minister arising from the operation of the
Sewerage Act 1929 and the Waterworks Act 1932 as in force before
the commencement of this Act.
(2) A certificate
executed by the Minister certifying that any specified property, right, power,
liability or obligation has vested in the Corporation by virtue of this clause
is to be taken to be conclusive evidence of the matter so certified.
(3) An apparently
genuine document purporting to be a certificate of the Minister under
subclause (2) is to be presumed to be such a certificate in the absence
of proof to the contrary.
(4) Despite section
29(1) of the Public Corporations Act 1993 , where property vests by
virtue of this clause in the Corporation, the vesting of the property, and any
instrument evidencing or giving effect to that vesting, are exempt from stamp
duty.
3—Application of Real Property Act
(1) The
Registrar-General must, on the application of the Corporation, register the
Corporation as the proprietor of land that has vested in the Corporation under
this Schedule.
(2) An instrument
relating to land that has vested in the Corporation under this Schedule must,
if the instrument is executed by the Corporation and is otherwise in
registrable form, be registered by the Registrar-General despite the fact that
the Corporation has not been registered as the proprietor of the land under
subclause (1).
4—Appointment of first chief executive officer
(1) The first
appointment to the position of chief executive officer of the Corporation is
to be made by the Governor on the nomination of the Minister (but, on such an
appointment having been made, the person so appointed will be taken to be an
employee of the Corporation).
(2) Any subsequent
appointment to the position of chief executive officer of the Corporation is
to be made by the board under Part 4.
(1) All employees of
the Department (other than the chief executive officer) are transferred to the
employment of the Corporation.
(2) An employee
transferred to the employment of the Corporation will have rights, obligations
and liabilities in respect of his or her employment with the Corporation that
are the same as or equivalent to those that would apply if—
(a) the
Engineering and Water Supply Department continued as an administrative unit of
the Public Service; and
(b) the
employee continued as an employee of the Department.
(3) Subclause (2)
applies subject to any industrial or enterprise award, determination or
agreement that may become binding on the Corporation after the commencement of
this Act.
(4) In this
clause—
employee of the Department means—
(a) a
person employed in the Public Service in the Engineering and Water Supply
Department; or
(b) a
person employed by the Minister and subject to the direction of the chief
executive officer of the Engineering and Water Supply Department in that
employment.
The Corporation's report to the Minister on its operations during a financial
year may incorporate a report on the operations of the Engineering and Water
Supply Department during that financial year.