South Australian Repealed Acts South Australian Repealed ActsThis legislation has been repealed.
Notes
• Amendments of this version that are uncommenced are not
incorporated into the text.
• 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.
Repeal of Act
The South Australian Health Commission Act 1976 was repealed by
Sch 4 cl 33(c) of the Health Care Act 2008 on 1.7.2008.
Legislation repealed by principal
Act
The South Australian Health Commission Act 1976 repealed the
following:
Health and Medical Services Act 1949
Health and Medical Services Act Amendment Act 1974
Legislation amended by principal Act
The South Australian Health Commission Act 1976 amended the
following:
Principal Act and amendments
|
Year |
No |
Title |
Assent |
Commencement |
|
1976 |
76 |
2.12.1976 |
1.7.1977 (Gazette 30.6.1977 p1844) except ss 5(2), (4) &
Sch 1 (Pts 2 & 4)—20.1.1978 (Gazette 22.12.1977
p2268) and except ss 27—47, 58, 63 &
Sch 2—1.7.1978 (Gazette 29.6.1978 p2234) and except
ss 48—57 & Sch 3—6.3.1980 (Gazette 6.3.1980
p472) and except s 5(1), (3) & Sch 1 (Pts 1 &
3)—uncommenced |
|
|
1977 |
52 |
South Australian Health Commission Act Amendment
Act 1977 |
15.12.1977 |
15.12.1977 |
|
1978 |
48 |
South Australian Health Commission Act Amendment
Act 1978 |
13.4.1978 |
13.4.1978 |
|
1979 |
23 |
South Australian Health Commission Act Amendment
Act 1979 |
15.3.1979 |
19.4.1979 (Gazette 19.4.1979 p1030) |
|
1980 |
12 |
South Australian Health Commission Act Amendment
Act 1980 |
17.4.1980 |
1.7.1980 (Gazette 19.6.1980 p1636) |
|
1981 |
69 |
South Australian Health Commission Act Amendment
Act 1981 |
22.10.1981 |
12.11.1981 (Gazette 12.11.1981 p1491) |
|
1983 |
6 |
South Australian Health Commission Act Amendment
Act 1983 |
14.4.1983 |
14.4.1983 |
|
1983 |
85 |
South Australian Health Commission Act Amendment Act
(No. 2) 1983 |
1.12.1983 |
1.1.1984 (Gazette 22.12.1983 p1719) |
|
1984 |
55 |
South Australian Health Commission Act Amendment
Act 1984 |
24.5.1984 |
1.2.1985 (Gazette 31.1.1985 p280) except ss 3 &
10—13—1.5.1985 (Gazette 14.3.1985 p622) |
|
1985 |
59 |
Statutes Amendment (Remuneration) Act 1985 |
30.5.1985 |
13.6.1985 (Gazette 13.6.1985 p2132) |
|
1985 |
65 |
South Australian Health Commission Act Amendment
Act 1985 |
6.6.1985 |
6.6.1985 |
|
1987 |
41 |
South Australian Health Commission Act Amendment
Act 1987 |
30.4.1987 |
1.7.1987 except ss 13 & 20—1.7.1988 (Gazette 25.6.1987
p1634) |
|
1989 |
60 |
South Australian Health Commission Act Amendment
Act 1989 |
26.10.1989 |
9.5.1991 (Gazette 9.5.1991 p1484) |
|
1990 |
18 |
Statutes Repeal and Amendment (Remuneration) Act 1990 |
19.4.1990 |
19.4.1990 (Gazette 19.4.1990 p1136) |
|
1990 |
23 |
Statute Law Revision Act 1990 |
26.4.1990 |
Sch 6—17.7.1991 (Gazette 20.6.1991 p1918) |
|
1991 |
63 |
South Australian Health Commission (Private Hospital Beds) Amendment
Act 1991 |
5.12.1991 |
5.12.1991 |
|
1992 |
90 |
10.12.1992 |
s 59—10.3.1995: s 2(2) |
|
|
1993 |
14 |
South Australian Health Commission (Incorporated Hospitals and Health
Centres) Amendment Act 1993 |
1.4.1993 |
1.4.1993 |
|
1993 |
75 |
Statutes Amendment (Abolition of Compulsory Retirement)
Act 1993 |
21.10.1993 |
1.1.1994: s 2 |
|
1996 |
34 |
Statutes Amendment and Repeal (Common Expiation Scheme)
Act 1996 |
2.5.1996 |
Sch (cl 32)—3.2.1997 (Gazette 19.12.1996 p1923) |
|
2000 |
14 |
South Australian Health Commission (Direction of Hospitals and Health
Centres) Amendment Act 2000 |
11.5.2000 |
8.6.2000 (Gazette 8.6.2000 p3041) |
|
2000 |
34 |
South Australian Health Commission (Administrative Arrangements)
Amendment Act 2000 |
6.7.2000 |
6.7.2000 (Gazette 6.7.2000 p5) |
|
2006 |
41 |
Statutes Amendment (Public Sector Employment) Act 2006 |
14.12.2006 |
Pt 20 (ss 85—87, new s 30(1)—(10), (12)—(14) (as
inserted by s 88), 89—96)—1.4.2007 (Gazette 29.3.2007
p930); new s 30(11) (as inserted by
s 88)—uncommenced |
|
2006 |
43 |
Statutes Amendment (Domestic Partners) Act 2006 |
14.12.2006 |
Pt 78 (ss 191—193)—1.6.2007 (Gazette 26.4.2007
p1352) |
Provisions amended
Certain textual alterations were made to this Act by the Commissioner of
Statute Revision when preparing the reprint of the Act that incorporated all
amendments in force as at 1 August 1985. A Schedule of these alterations was
laid before Parliament on 1 August 1985.
Entries that relate to provisions that have been deleted appear in
italics.
|
Provision |
How varied |
Commencement |
|
Long title |
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
Pt 1 |
|
|
|
s 2 |
deleted by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
s 3 |
amended by 41/1987 s 3 |
1.7.1987 |
|
|
amended by 34/2000 s 3 |
6.7.2000 |
|
s 4 |
amended by 48/1978 s 2 |
13.4.1978 |
|
|
amended by 69/1981 s 3 |
12.11.1981 |
|
|
amended by 55/1984 s 3 |
1.5.1985 |
|
|
deleted in pursuance of the Acts Republication
Act 1967 |
1.8.1985 |
|
s 5 |
|
|
|
s 5(2) |
deleted in pursuance of the Acts Republication Act 1967 as its
function is now exhausted |
1.8.1985 |
|
s 5(4) |
deleted in pursuance of the Acts Republication Act 1967 as it is
now obsolete |
1.8.1985 |
|
s 6 |
|
|
|
s 6(1) |
s 6 redesignated as s 6(1) by 41/2006 s 85(2) |
1.4.2007 |
|
substituted by 41/1987 s 4(a) |
1.7.1987 |
|
|
the Chairman |
deleted by 12/1980 s 3 |
1.7.1980 |
|
amended by 34/2000 s 4(a) |
6.7.2000 |
|
|
inserted by 34/2000 s 4(b) |
6.7.2000 |
|
|
inserted by 43/2006 s 191(1) |
1.6.2007 |
|
|
inserted by 41/2006 s 85(1) |
1.4.2007 |
|
|
Government health centre |
substituted by 69/1981 s 4(a) |
12.11.1981 |
|
|
deleted by 41/1987 s 4(b) |
1.7.1987 |
|
Government hospital |
deleted by 41/1987 s 4(b) |
1.7.1987 |
|
substituted by 69/1981 s 4(b) |
12.11.1981 |
|
|
inserted by 69/1981 s 4(c) |
12.11.1981 |
|
|
|
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
inserted by 63/1991 s 2 |
5.12.1991 |
|
|
substituted by 69/1981 s 4(c) |
12.11.1981 |
|
|
|
substituted by 41/1987 s 4(c) |
1.7.1987 |
|
substituted by 69/1981 s 4(c) |
12.11.1981 |
|
|
|
substituted by 41/1987 s 4(c) |
1.7.1987 |
|
inserted by 55/1984 s 4 |
1.2.1985 |
|
|
inserted by 55/1984 s 4 |
1.2.1985 |
|
|
inserted by 43/2006 s 191(2) |
1.6.2007 |
|
|
s 6(2) |
inserted by 41/2006 s 85(2) |
1.4.2007 |
|
Pt 2 |
heading substituted by 34/2000 s 5 |
6.7.2000 |
|
Pt 2 Div 1 |
heading substituted by 34/2000 s 6 |
6.7.2000 |
|
s 7 |
|
|
|
s 7(1) |
substituted by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
s 7(2) and (3) |
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
s 8 |
|
|
|
s 8(1) |
amended by 12/1980 s 4(a), (b) |
1.7.1980 |
|
|
amended by 85/1983 s 3(a), (b) |
1.1.1984 |
|
|
substituted by 41/1987 s 5(a) |
1.7.1987 |
|
s 8(1a) |
inserted by 41/1987 s 5(a) |
1.7.1987 |
|
s 8(2) |
amended by 12/1980 s 4(c) |
1.7.1980 |
|
|
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
s 8(3) |
substituted by 12/1980 s 4(d) |
1.7.1980 |
|
|
substituted by 85/1983 s 3(c) |
1.1.1984 |
|
|
substituted by 41/1987 s 5(b) |
1.7.1987 |
|
|
substituted by 34/2000 s 7 |
6.7.2000 |
|
s 8(4) |
amended by 12/1980 s 4(e) |
1.7.1980 |
|
|
amended by 85/1983 s 3(d) |
1.1.1984 |
|
|
amended by 41/1987 s 5(c) |
1.7.1987 |
|
|
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
|
deleted by 34/2000 s 7 |
6.7.2000 |
|
s 8(5) |
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
|
deleted by 34/2000 s 7 |
6.7.2000 |
|
s 8(6) |
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
s 8(7) |
deleted by 12/1980 s 4(f) |
1.7.1980 |
|
s 9 |
amended by 12/1980 s 5 |
1.7.1980 |
|
|
substituted by 85/1983 s 4 |
1.1.1984 |
|
|
substituted by 41/1987 s 6 |
1.7.1987 |
|
s 10 |
amended by 12/1980 s 6 |
1.7.1980 |
|
|
amended by 85/1983 s 5 |
1.1.1984 |
|
|
amended by 59/1985 s 20 |
13.6.1985 |
|
|
amended by 18/1990 s 27 |
19.4.1990 |
|
|
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
|
substituted by 34/2000 s 8 |
6.7.2000 |
|
s 11 |
|
|
|
s 11(1) and (2) |
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
s 11(3) |
amended by 12/1980 s 7 |
1.7.1980 |
|
|
amended by 85/1983 s 6(a) |
1.1.1984 |
|
|
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
|
amended by 75/1993 s 25(a) |
1.1.1994 |
|
|
(e) deleted by 75/1993 s 25(b) |
1.1.1994 |
|
|
amended by 34/2000 s 9 |
6.7.2000 |
|
s 11(4) |
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
s 11(5) |
amended by 6/1983 s 2 |
14.4.1983 |
|
|
amended by 85/1983 s 6(b) |
1.1.1984 |
|
|
deleted by 41/1987 s 7 |
1.7.1987 |
|
s 12 |
|
|
|
s 12(1) |
amended by 12/1980 s 8(a) |
1.7.1980 |
|
|
amended by 85/1983 s 7(a) |
1.1.1984 |
|
|
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
s 12(2) |
amended by 12/1980 s 8(b) |
1.7.1980 |
|
|
amended by 85/1983 s 7(b) |
1.1.1984 |
|
|
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
s 12(3) and (4) |
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
s 12(5) |
amended by 12/1980 s 8(c) |
1.7.1980 |
|
|
amended by 85/1983 s 7(c) |
1.1.1984 |
|
|
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
s 12(6) |
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
s 13 |
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
s 14 |
|
|
|
s 14(1) |
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
s 14(2) |
amended by 41/1987 s 8(a) |
1.7.1987 |
|
|
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
s 14(3) |
inserted by 41/1987 s 8(b) |
1.7.1987 |
|
|
amended by 60/1989 Sch |
9.5.1991 |
|
Pt 2 Div 2 |
heading substituted by 34/2000 s 10 |
6.7.2000 |
|
s 15 |
amended by 41/1987 s 9 |
1.7.1987 |
|
|
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
|
substituted by 34/2000 s 11 |
6.7.2000 |
|
s 16 |
amended by 69/1981 s 5 |
12.11.1981 |
|
|
amended by 41/1987 s 10 |
1.7.1987 |
|
|
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
|
substituted by 34/2000 s 12 |
6.7.2000 |
|
s 17 |
amended by 69/1981 s 6 |
12.11.1981 |
|
|
substituted by 41/1987 s 11 |
1.7.1987 |
|
|
substituted by 34/2000 s 13 |
6.7.2000 |
|
Pt 2 Div 3 |
|
|
|
s 18 |
|
|
|
s 18(1) |
substituted by 34/2000 s 14 |
6.7.2000 |
|
s 18(2) |
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
s 19 |
deleted by 85/1983 s 8 |
1.1.1984 |
|
Pt 2 Div 4 |
amended by 48/1978 s 3 |
13.4.1978 |
|
|
amended by 12/1980 s 9 |
1.7.1980 |
|
|
amended by 69/1981 s 7 |
12.11.1981 |
|
|
amended by 85/1983 s 9 |
1.1.1984 |
|
|
amended by 55/1984 s 5 |
1.2.1985 |
|
|
amended by 41/1987 s 12 |
1.7.1987 |
|
|
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
|
substituted by 34/2000 s 15 |
6.7.2000 |
|
s 19 |
|
|
|
s 19(1) |
substituted by 41/2006 s 86 |
1.4.2007 |
|
s 19(2) |
deleted by 41/2006 s 86 |
1.4.2007 |
|
Pt 2 Div 5 |
|
|
|
s 22 |
|
|
|
s 22(1) |
amended by 34/2000 s 16(a)—(d) |
6.7.2000 |
|
s 22(2) |
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
|
amended by 34/2000 s 16(e) |
6.7.2000 |
|
s 22(3) |
amended by 34/2000 s 16(f) |
6.7.2000 |
|
s 23 |
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
|
deleted by 34/2000 s 17 |
6.7.2000 |
|
s 24 |
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
|
deleted by 34/2000 s 17 |
6.7.2000 |
|
s 25 |
|
|
|
s 25(1) and (2) |
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
s 25(3) |
deleted by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
s 26 |
|
|
|
s 26(1) |
amended by 69/1981 s 8 |
12.11.1981 |
|
|
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
|
substituted by 34/2000 s 18 |
6.7.2000 |
|
s 26(2) |
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
Pt 3 |
|
|
|
Pt 3 Div 1 |
|
|
|
s 27 |
|
|
|
s 27(1) |
substituted by 69/1981 s 9 |
12.11.1981 |
|
s 27(2) |
substituted by 69/1981 s 9 |
12.11.1981 |
|
|
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
s 27(3) |
substituted by 69/1981 s 9 |
12.11.1981 |
|
s 27(3a) |
inserted by 69/1981 s 9 |
12.11.1981 |
|
|
substituted by 41/1987 s 13 |
1.7.1988 |
|
|
amended by 34/2000 s 19(a)—(c) |
6.7.2000 |
|
s 27(3b)—(3e) |
inserted by 41/1987 s 13 |
1.7.1988 |
|
s 27(5) |
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
|
amended by 34/2000 s 19(d) |
6.7.2000 |
|
s 28 |
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
s 29 |
|
|
|
s 29(1) |
amended by 41/1987 s 14 |
1.7.1987 |
|
|
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
s 29(2) |
amended by 41/2006 s 87 |
1.4.2007 |
|
s 29(3) |
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
s 29A |
inserted by 48/1978 s 4 |
13.4.1978 |
|
s 29A(1) |
amended by 41/1987 s 15(a) |
1.7.1987 |
|
|
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
s 29A(2) |
amended by 41/1987 s 15(a), (b) |
1.7.1987 |
|
|
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
s 29A(3) |
inserted by 41/1987 s 15(c) |
1.7.1987 |
|
|
amended by 60/1989 Sch |
9.5.1991 |
|
s 29B |
inserted by 41/1987 s 16 |
1.7.1987 |
|
Pt 3 Div 1A |
inserted by 14/2000 s 3 |
8.6.2000 |
|
Pt 3 Div 2 |
|
|
|
s 30 before substitution by 41/2006 |
|
|
|
s 30(1) and (2) |
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
|
amended by 34/2000 s 20 |
6.7.2000 |
|
s 30(3) |
substituted by 41/1987 s 17 |
1.7.1987 |
|
|
amended by 34/2000 s 20 |
6.7.2000 |
|
s 30(4) |
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
|
amended by 34/2000 s 20 |
6.7.2000 |
|
s 30(4a) |
inserted by 48/1978 s 5 |
13.4.1978 |
|
|
omitted in pursuance of the Acts Republication Act 1967 as it is
now obsolete |
1.8.1985 |
|
s 30 |
substituted by 41/2006 s 88 |
1.4.2007 except s 30(11)—uncommenced |
|
s 31 |
|
|
|
s 31(1) |
amended by 48/1978 s 6 |
13.4.1978 |
|
|
amended by 55/1984 s 6 |
1.2.1985 |
|
|
deleted by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
|
inserted by 41/2006 s 89(1) |
1.4.2007 |
|
s 31(2) |
substituted by 69/1981 s 10 |
12.11.1981 |
|
|
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
|
amended by 41/2006 s 89(2)—(5) |
1.4.2007 |
|
|
(d) deleted by 41/2006 s 89(3) |
1.4.2007 |
|
s 31(3) |
inserted by 69/1981 s 10 |
12.11.1981 |
|
|
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
|
amended by 41/2006 s 89(6)—(8) |
1.4.2007 |
|
|
(d) deleted by 41/2006 s 89(7) |
1.4.2007 |
|
Pt 3 Div 3 |
|
|
|
s 32 |
deleted by 69/1981 s 11 |
12.11.1981 |
|
s 33 |
|
|
|
s 33(2) |
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
Pt 3 Div 4 |
|
|
|
s 34 |
|
|
|
s 34(1) |
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
s 34(2) |
amended by 69/1981 s 12(a) |
12.11.1981 |
|
|
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
s 34(3) |
inserted by 69/1981 s 12(b) |
12.11.1981 |
|
|
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
s 34(4) |
inserted by 69/1981 s 12(b) |
12.11.1981 |
|
|
deleted by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
s 35 |
|
|
|
s 35(1) |
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
|
amended by 34/2000 s 21(a) |
6.7.2000 |
|
s 35(2) |
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
|
deleted by 34/2000 s 21(b) |
6.7.2000 |
|
s 36 |
|
|
|
s 36(1) |
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
|
amended by 34/2000 s 22(a) |
6.7.2000 |
|
s 36(2) |
substituted by 34/2000 s 22(b) |
6.7.2000 |
|
s 36(3) |
inserted by 41/1987 s 18 |
1.7.1987 |
|
Pt 3 Div 5 |
heading amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
s 37 |
deleted by 41/1987 s 19 |
1.7.1987 |
|
s 38 |
|
|
|
s 38(1) |
amended by 55/1984 s 7 |
1.2.1985 |
|
|
amended by 60/1989 s 3, Sch |
9.5.1991 |
|
|
amended by 34/1996 s 4 (Sch cl 32) |
3.2.1997 |
|
s 38(2) |
amended by 34/2000 s 23 |
6.7.2000 |
|
s 38(3) and (4) |
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
s 38(5) |
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
|
deleted by 34/1996 s 4 (Sch cl 32) |
3.2.1997 |
|
Pt 3 Div 6 |
|
|
|
s 39 |
|
|
|
s 39(1) |
amended by 55/1984 s 8 |
1.2.1985 |
|
|
amended by 34/2000 s 24 |
6.7.2000 |
|
s 39(1a) |
inserted by 60/1989 s 4 |
9.5.1991 |
|
s 39(2) |
amended by 43/2006 s 192 |
1.6.2007 |
|
s 39(3) |
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
Pt 3 Div 7 |
|
|
|
s 40 |
|
|
|
s 40(1) |
amended by 34/2000 s 25 |
6.7.2000 |
|
s 40(2) and (3) |
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
s 41 |
|
|
|
s 41(1) |
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
|
amended by 34/2000 s 26 |
6.7.2000 |
|
s 41(2) and (3) |
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
s 41(4) |
amended by 34/2000 s 26 |
6.7.2000 |
|
s 42 |
substituted by 34/2000 s 27 |
6.7.2000 |
|
s 43 |
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
|
amended by 34/2000 s 28 |
6.7.2000 |
|
Pt 3 Div 8 |
|
|
|
s 45 |
|
|
|
s 45(1) |
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
|
amended by 34/2000 s 29 |
6.7.2000 |
|
s 45(2) |
amended by 60/1989 Sch |
9.5.1991 |
|
|
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
|
amended by 34/2000 s 29 |
6.7.2000 |
|
s 47 |
|
|
|
s 47(1)—(3) |
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
Pt 4 |
|
|
|
s 48 |
|
|
|
s 48(1) |
substituted by 69/1981 s 13 |
12.11.1981 |
|
s 48(2) |
substituted by 69/1981 s 13 |
12.11.1981 |
|
|
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
s 48(3) |
substituted by 69/1981 s 13 |
12.11.1981 |
|
s 48(3a) |
inserted by 69/1981 s 13 |
12.11.1981 |
|
|
substituted by 41/1987 s 20 |
1.7.1988 |
|
|
amended by 34/2000 s 30 |
6.7.2000 |
|
s 48(3b)—(3e) |
inserted by 41/1987 s 20 |
1.7.1988 |
|
s 48(4) |
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
|
amended by 34/2000 s 30 |
6.7.2000 |
|
s 49 |
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
s 50 |
|
|
|
s 50(1) |
amended by 41/1987 s 21(a) |
1.7.1987 |
|
|
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
s 50(2) |
amended by 41/1987 s 21(b) |
1.7.1987 |
|
s 50(3) |
amended by 41/1987 s 21(b) |
1.7.1987 |
|
|
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
s 50A |
inserted by 48/1978 s 7 |
13.4.1978 |
|
s 50A(1) |
amended by 41/1987 s 22(a) |
1.7.1987 |
|
|
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
s 50A(2) |
amended by 41/1987 s 22(a), (b) |
1.7.1987 |
|
|
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
s 50A(3) |
inserted by 41/1987 s 22(c) |
1.7.1987 |
|
|
amended by 60/1989 Sch |
9.5.1991 |
|
s 50B |
inserted by 41/1987 s 23 |
1.7.1987 |
|
Pt 4 Div 1A |
inserted by 14/2000 s 4 |
8.6.2000 |
|
Pt 4 Div 2 |
|
|
|
s 51 before substitution by 41/2006 |
|
|
|
s 51(1) |
amended by 41/1987 s 24(a) |
1.7.1987 |
|
|
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
|
amended by 34/2000 s 31 |
6.7.2000 |
|
s 51(2) |
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
|
amended by 34/2000 s 31 |
6.7.2000 |
|
s 51(2a) |
inserted by 41/1987 s 24(b) |
1.7.1987 |
|
|
amended by 34/2000 s 31 |
6.7.2000 |
|
s 51(3) |
inserted by 69/1981 s 14 |
12.11.1981 |
|
|
amended by 41/1987 s 24(a) |
1.7.1987 |
|
s 51 |
substituted by 41/2006 s 90 |
1.4.2007 |
|
s 52 |
|
|
|
s 52(1) |
amended by 48/1978 s 8 |
13.4.1978 |
|
|
amended by 55/1984 s 9 |
1.2.1985 |
|
|
deleted by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
|
inserted by 41/2006 s 91(1) |
1.4.2007 |
|
s 52(2) |
substituted by 69/1981 s 15 |
12.11.1981 |
|
|
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
|
amended by 41/2006 s 91(2)—(5) |
1.4.2007 |
|
|
(d) deleted by 41/2006 s 91(3) |
1.4.2007 |
|
s 52(3) |
inserted by 69/1981 s 15 |
12.11.1981 |
|
|
amended by 41/1987 s 25 |
1.7.1987 |
|
|
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
|
amended by 41/2006 s 91(6)—(8) |
1.4.2007 |
|
|
(d) deleted by 41/2006 s 91(7) |
1.4.2007 |
|
Pt 4 Div 3 |
|
|
|
s 53 |
deleted by 69/1981 s 16 |
12.11.1981 |
|
s 54 |
|
|
|
s 54(2) |
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
Pt 4 Div 4 |
|
|
|
s 55 |
|
|
|
s 55(1) |
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
s 55(2) |
amended by 69/1981 s 17(a) |
12.11.1981 |
|
|
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
s 55(3) |
inserted by 69/1981 s 17(b) |
12.11.1981 |
|
|
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
s 55(4) |
inserted by 69/1981 s 17(b) |
12.11.1981 |
|
|
deleted by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
s 56 |
|
|
|
s 56(1) |
amended by 41/1987 s 26 |
1.7.1987 |
|
|
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
|
amended by 34/2000 s 32(a) |
6.7.2000 |
|
s 56(2) |
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
|
deleted by 34/2000 s 32(b) |
6.7.2000 |
|
s 57 |
|
|
|
s 57(1) |
amended by 41/1987 s 27(a) |
1.7.1987 |
|
|
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
|
amended by 34/2000 s 33(a) |
6.7.2000 |
|
s 57(2) |
amended by 41/1987 s 27(b) |
1.7.1987 |
|
|
substituted by 34/2000 s 33(b) |
6.7.2000 |
|
s 57(3) |
inserted by 41/1987 s 27(c) |
1.7.1987 |
|
Pt 4 Div 4A |
inserted by 69/1981 s 18 |
12.11.1981 |
|
s 57AA |
substituted by 41/1987 s 28 |
1.7.1987 |
|
s 57AA(1) |
amended by 60/1989 s 5, Sch |
9.5.1991 |
|
|
amended by 34/1996 s 4 (Sch cl 32) |
3.2.1997 |
|
s 57AA(2) |
amended by 34/2000 s 34 |
6.7.2000 |
|
s 57AA(5) |
deleted by 34/1996 s 4 (Sch cl 32) |
3.2.1997 |
|
Pt 4 Div 5 |
inserted by 48/1978 s 9 |
13.4.1978 |
|
s 57A |
|
|
|
s 57A(1) |
amended by 34/2000 s 35 |
6.7.2000 |
|
s 57A(1a) |
inserted by 60/1989 s 6 |
9.5.1991 |
|
s 57A(2) |
amended by 43/2006 s 193 |
1.6.2007 |
|
s 57A(3) |
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
Pt 4A |
inserted by 55/1984 s 10 |
1.5.1985 |
|
s 57B |
|
|
|
s 57B(1) |
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
s 57B(2) |
amended by 60/1989 Sch |
9.5.1991 |
|
|
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
s 57B(3) |
substituted by 90/1992 s 59 |
10.3.1995 |
|
s 57C |
|
|
|
s 57C(1) |
amended by 34/2000 s 36 |
6.7.2000 |
|
s 57C(2) |
amended by 63/1991 s 3 |
5.12.1991 |
|
s 57D |
|
|
|
s 57D(1) |
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
|
amended by 63/1991 s 4(a), (b) |
5.12.1991 |
|
|
amended by 34/2000 s 37 |
6.7.2000 |
|
s 57D(1a) |
inserted by 63/1991 s 4(c) |
5.12.1991 |
|
|
amended by 34/2000 s 37 |
6.7.2000 |
|
s 57D(2) |
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
|
amended by 34/2000 s 37 |
6.7.2000 |
|
s 57D(3) |
deleted by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
s 57E |
|
|
|
s 57E(1) |
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
|
amended by 34/2000 s 38 |
6.7.2000 |
|
s 57E(2) |
amended by 63/1991 s 5(a) |
5.12.1991 |
|
|
amended by 34/2000 s 38 |
6.7.2000 |
|
s 57E(3) |
amended by 34/2000 s 38 |
6.7.2000 |
|
s 57E(4) |
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
|
amended by 63/1991 s 5(b) |
5.12.1991 |
|
|
amended by 34/2000 s 38 |
6.7.2000 |
|
s 57E(5) |
inserted by 63/1991 s 5(c) |
5.12.1991 |
|
|
amended by 34/2000 s 38 |
6.7.2000 |
|
s 57F |
amended by 60/1989 Sch |
9.5.1991 |
|
|
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
s 57G |
|
|
|
s 57G(1) |
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
s 57G(2) and (3) |
amended by 34/2000 s 39 |
6.7.2000 |
|
s 57G(4) and (5) |
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
s 57H |
|
|
|
s 57H(1) and (3) |
amended by 34/2000 s 40 |
6.7.2000 |
|
s 57H(4) |
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
|
amended by 34/2000 s 40 |
6.7.2000 |
|
s 57I |
|
|
|
s 57I(1) |
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
s 57I(2) |
amended by 34/2000 s 41(a), (b) |
6.7.2000 |
|
s 57I(3) |
amended by 34/2000 s 41(c) |
6.7.2000 |
|
s 57I(4) |
amended by 34/2000 s 41(d) |
6.7.2000 |
|
s 57I(5) |
amended by 60/1989 Sch |
9.5.1991 |
|
|
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
s 57I(6) |
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
s 57J |
|
|
|
s 57J(1) |
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
|
amended by 34/2000 s 42(a) |
6.7.2000 |
|
s 57J(3) |
amended by 34/2000 s 42(b) |
6.7.2000 |
|
s 57J(4) |
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
|
substituted by 34/2000 s 42(c) |
6.7.2000 |
|
s 57J(5) |
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
|
amended by 34/2000 s 42(d), (e) |
6.7.2000 |
|
s 57J(6) and (7) |
amended by 34/2000 s 42(f) |
6.7.2000 |
|
s 57K |
|
|
|
s 57K(1) |
amended by 34/2000 s 43 |
6.7.2000 |
|
s 57K(2) |
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
s 57K(3) and (4) |
amended by 60/1989 Sch |
9.5.1991 |
|
|
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
Pt 5 |
|
|
|
s 58 |
substituted by 41/1987 s 29 |
1.7.1987 |
|
s 58(1) |
amended by 34/2000 s 44(a) |
6.7.2000 |
|
s 58(2) |
amended by 34/2000 s 44(b) |
6.7.2000 |
|
s 58(3) |
amended by 34/2000 s 44(c) |
6.7.2000 |
|
s 58A |
inserted by 41/1987 s 29 |
1.7.1987 |
|
s 58A(1) |
amended by 14/1993 s 2(a) |
1.4.1993 |
|
s 58A(4) |
amended by 14/1993 s 2(b) |
1.4.1993 |
|
s 59 |
|
|
|
s 59(1) |
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
|
substituted by 41/2006 s 92 |
1.4.2007 |
|
s 59(2) |
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
s 60 before deletion by 41/2006 |
|
|
|
s 60(1) |
s 60 redesignated as s 60(1) by 23/1979 s 3 |
19.4.1979 |
|
|
amended by 65/1985 s 2(a), (b) |
6.6.1985 |
|
|
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
|
amended by 34/2000 s 45(a) |
6.7.2000 |
|
s 60(2) |
inserted by 23/1979 s 3 |
19.4.1979 |
|
|
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
|
amended by 34/2000 s 45(b) |
6.7.2000 |
|
s 60(3) |
inserted by 23/1979 s 3 |
19.4.1979 |
|
|
amended by 34/2000 s 45(c) |
6.7.2000 |
|
s 60(4) |
inserted by 23/1979 s 3 |
19.4.1979 |
|
|
amended by 65/1985 s 2(c), (d) |
6.6.1985 |
|
|
amended by 34/2000 s 45(d) |
6.7.2000 |
|
s 60 |
deleted by 41/2006 s 93 |
1.4.2007 |
|
s 61 |
|
|
|
s 61(1) |
amended by 69/1981 s 19 |
12.11.1981 |
|
s 61(2) |
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
|
amended by 34/2000 s 46(a)—(c) |
6.7.2000 |
|
|
amended by 41/2006 s 94(1), (2) |
1.4.2007 |
|
s 61(3) |
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
|
amended by 34/2000 s 46(d) |
6.7.2000 |
|
|
amended by 41/2006 s 94(3) |
1.4.2007 |
|
s 62 |
|
|
|
s 62(1) |
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
|
amended by 34/2000 s 47 |
6.7.2000 |
|
s 62(2) |
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
s 62A |
inserted by 69/1981 s 20 |
12.11.1981 |
|
|
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
|
amended by 34/2000 s 48 |
6.7.2000 |
|
s 63 |
|
|
|
s 63(1) |
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
|
substituted by 34/2000 s 49 |
6.7.2000 |
|
s 63A |
inserted by 41/1987 s 30 |
1.7.1987 |
|
s 63A(2) |
amended by 60/1989 Sch |
9.5.1991 |
|
s 63A(3) |
|
|
|
health employee |
amended by 34/2000 s 50 |
6.7.2000 |
|
|
amended by 41/2006 s 95 |
1.4.2007 |
|
s 64 |
|
|
|
s 64(1) |
amended by 41/1987 s 31 |
1.7.1987 |
|
|
amended by 60/1989 Sch |
9.5.1991 |
|
|
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
|
amended by 34/2000 s 51 |
6.7.2000 |
|
|
substituted by 41/2006 s 96 |
1.4.2007 |
|
s 64A |
inserted by 55/1984 s 11 |
1.5.1985 |
|
s 64B |
inserted by 55/1984 s 11 |
1.5.1985 |
|
|
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
s 64C |
inserted by 55/1984 s 11 |
1.5.1985 |
|
|
amended by 60/1989 s 7 |
9.5.1991 |
|
|
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
s 64D |
inserted by 41/1987 s 32 |
1.7.1987 |
|
|
substituted by 60/1989 s 8 |
9.5.1991 |
|
s 65 |
substituted by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
s 66 |
|
|
|
s 66(2) |
amended by 55/1984 s 12 |
1.5.1985 |
|
|
amended by 41/1987 s 33 |
1.7.1987 |
|
|
amended by 60/1989 Sch |
9.5.1991 |
|
|
amended by 23/1990 s 3(1) (Sch 6) |
17.7.1991 |
|
|
amended by 63/1991 s 6 |
5.12.1991 |
|
|
amended by 34/2000 s 52 |
6.7.2000 |
|
Sch 1 |
amended by 52/1977 s 2 |
15.12.1977 |
|
Pt 2 |
deleted in pursuance of the Acts Republication Act 1967 as its
function is now exhausted |
1.8.1985 |
|
Pt 3 |
Third column deleted as this method of citation is now obsolete |
1.8.1985 |
|
|
Amendments to the Institute of Medical and Veterinary Science
Act 1937 deleted as that Act has been repealed by the Institute of
Medical and Veterinary Science Act 1982 s 4 |
1.8.1985 |
|
Pt 4 |
omitted in pursuance of the Acts Republication Act 1967 as its
function is now exhausted |
1.8.1985 |
|
Sch 3 |
deleted by 69/1981 s 21 |
12.11.1981 |
Transitional etc provisions associated with Act or
amendments
South Australian Health Commission (Private Hospital
Beds) Amendment Act 1991
(1) An application for a licence under Part 4A of the principal Act made
on or after 14 November 1991 will be determined in accordance with the principal
Act as amended by this Act.
(2) If, immediately before the commencement of this Act, a licence under
Part 4A of the principal Act was subject to a condition that limited the number
of patients to whom health services may be provided on a live-in basis at any
one time pursuant to the licence or that limited the number of beds that may be
provided pursuant to the licence, that condition will be taken to fix that
number as the maximum number of hospital beds that may be provided pursuant to
the licence.
Statutes Amendment and Repeal (Common Expiation
Scheme) Act 1996
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.
Statutes Amendment (Public Sector Employment) Act
2006, Sch 1—Transitional provisions
Note—
Also see Statutes Amendment (Public Sector Employment) (Transitional
Provisions) Regulations 2007.
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.
(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.
(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).
(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.
(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).
(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
|
1.8.1985 |
|
|
17.7.1991 |
|
|
Reprint No 1—15.1.1992 |
|
|
Reprint No 2—1.4.1993 |
|
|
Reprint No 3—1.1.1994 |
|
|
Reprint No 4—10.3.1995 |
|
|
Reprint No 5—3.2.1997 |
|
|
Reprint No 6—8.6.2000 |
|
|
Reprint No 7—6.7.2000 |
|
|
1.4.2007 |
|
Appendix—Divisional
penalties and expiation fees
At the date of publication of this version divisional penalties and
expiation fees are, as provided by section 28A of the Acts Interpretation Act
1915, as follows:
|
Division |
Maximum imprisonment |
Maximum fine |
Expiation fee |
|---|---|---|---|
|
1 |
15 years |
$60 000 |
— |
|
2 |
10 years |
$40 000 |
— |
|
3 |
7 years |
$30 000 |
— |
|
4 |
4 years |
$15 000 |
— |
|
5 |
2 years |
$8 000 |
— |
|
6 |
1 year |
$4 000 |
$300 |
|
7 |
6 months |
$2 000 |
$200 |
|
8 |
3 months |
$1 000 |
$150 |
|
9 |
– |
$500 |
$100 |
|
10 |
– |
$200 |
$75 |
|
11 |
– |
$100 |
$50 |
|
12 |
– |
$50 |
$25 |
Note: This appendix is provided for convenience of reference
only.