STATE DISASTER ACT 1980 TABLE OF PROVISIONS PART 1--Preliminary 1. Short title 4. Interpretation 5. Application of Act PART 2--State Disaster Committee 6. State Disaster Committee 7. Proceedings of Committee 8. Functions of Committee PART 3--Administration 9. State Co-ordinator and Deputy State Co-ordinator 9A. Divisional Co-ordinators 10. Delegation 11. Authorised officers PART 4--Response and recovery operations 12. Interim declaration of state of disaster by Minister 13. Declaration of state of disaster by Governor 13A. Declaration of state of emergency by State Co-ordinator 14. Powers of Minister on declaration of state of disaster or emergency 15. Powers of State Co-ordinator and authorised officers during state of disaster or emergency 15A. Recovery operations following state of disaster or emergency 16. Offences PART 5--Miscellaneous 17. Immunity from liability of persons acting under this Act 18. Protection of employment rights 20. Evidentiary provision 21. Summary proceedings 22. Offences by bodies corporate 22A. State Disaster Relief Fund 23. Money required for purposes of this Act 24. Regulations Legislative history STATE DISASTER ACT 1980 - LONG TITLE An Act to make provision for the protection of life and property in the event of disaster or major emergency and for recovery following the event; and for related purposes. STATE DISASTER ACT 1980 - SECT 1 1--Short title This Act may be cited as the State Disaster Act 1980. STATE DISASTER ACT 1980 - SECT 4 4--Interpretation In this Act, unless the contrary intention appears-- "authorised officer" means a person who is an authorised officer pursuant to this Act; "disaster" means any occurrence (including fire, flood, storm, tempest, earthquake, eruption, epidemic of human, animal or plant disease, hostilities directed by an enemy against Australia and accident) that-- (a) causes, or threatens to cause, loss of life or injury to persons or animals or damage to property; and (b) is of such a nature or magnitude that extraordinary measures are required in order to protect human or animal life or property; "disaster area" means the area of the State to which a declaration of a state of disaster under this Act applies; "emergency area" means the area of the State to which a declaration of a state of emergency under this Act applies; "major emergency" means any occurrence (including fire, flood, storm, tempest, earthquake, eruption, epidemic of human, animal or plant disease, hostilities directed by an enemy against Australia and accident)-- (a) that causes, or threatens to cause, loss of life or injury to persons or animals or damage to property; and (b) that whilst not constituting a disaster should, in the opinion of the State Co-ordinator, be dealt with under this Act because of the diverse resources required to be used in response to the emergency, the likelihood of the emergency escalating into a disaster or for any other reason; "recovery" means recovery of the normal pattern of life of individuals, families and communities affected by a disaster or major emergency and includes-- (a) the restoration of essential facilities and services; (b) the restoration of other facilities and services necessary for the normal functioning of a community; (c) the provision of material and personal needs; (d) the provision of means of emotional support; "recovery operations" means any measures taken in pursuance of this Act during or following a declared state of disaster or emergency to aid recovery; "response operations" means any measures taken in pursuance of this Act during the continuance of a declared state of disaster or emergency to protect life or property; "State Disaster Plan" means a plan (or a series of plans applying in different parts of the State) prepared by the State Disaster Committee comprising the measures to be taken to monitor and respond to circumstances that may give rise to a disaster or major emergency and the measures (including response and recovery operations) to be taken in the event of a disaster or major emergency; "vehicle" includes an aircraft, or vessel. STATE DISASTER ACT 1980 - SECT 5 5--Application of Act (2) Where the provisions of this Act are inconsistent with any other Act or law, the provisions of this Act prevail. (3) The powers conferred on any person by, or pursuant to, this Act are in addition to, and do not derogate from, any powers the person may possess under any other Act or law. (4) This Act does not authorise the taking of measures to bring an industrial dispute to an end or to control civil disorders not being civil disorders resulting from, and occurring during the continuance of, a declared state of disaster or emergency. STATE DISASTER ACT 1980 - SECT 6 6--State Disaster Committee (1) The State Disaster Committee is established. (2) The Committee consists of the following members: (a) the State Co-ordinator; and (ab) the Chief Executive of the Emergency Services Administrative Unit; and (b) not less than nine but not more than twelve persons appointed by the Governor, of whom-- (i) not less than three but not more than six are to be appointed on the nomination of the Minister; and (ia) one is to be appointed on the nomination of the Minister, being selected from a panel of three persons submitted by the Commissioner of Police; and (ii) one is to be appointed on the nomination of the Minister, being selected from a panel of three persons submitted by the Director of State Emergency Service South Australia; and (iii) one is to be appointed on the nomination of the Minister, being selected from a panel of three persons submitted by the Chief Officer of the South Australian Metropolitan Fire Service; and (iv) one is to be appointed on the nomination of the Minister, being selected from a panel of three persons submitted by the Country Fire Service Board; and (v) one is to be appointed on the nomination of the Minister, being selected from a panel of three persons submitted by the Local Government Association of South Australia; and (vi) one is to be appointed on the nomination of the Minister responsible for the administration of the Family and Community Services Act 1972. (2a) The Minister may, by notice in writing, request a body referred to in subsection (2) to submit a panel of names for the purposes of this section and, where such a body fails to comply with the request within the time allowed in the notice, the Minister may select a person for appointment as a member of the Committee, and a person so selected may then be appointed to the Committee as if his or her name had been duly submitted by the body to whom the notice was addressed. (3) A member of the Committee will be appointed for such term, and on such conditions, as the Governor may determine. (4) The Governor may appoint, on the nomination of the Minister, one member of the Committee to be the presiding member of the Committee and another member to be the deputy presiding member of the Committee. (5) The Governor may appoint a suitable person to be a deputy of a member, and that person may act as a member of the Committee in the absence of the member of whom he or she is a deputy. (6) The Governor may remove an appointed member of the Committee from office if the member fails or is unable to carry out the duties of his or her office satisfactorily. (7) The office of an appointed member of the Committee becomes vacant if the member-- (a) dies; or (b) completes a term of office and is not reappointed; or (c) resigns by written notice to the Minister; or (d) is removed from office under subsection (6). STATE DISASTER ACT 1980 - SECT 7 7--Proceedings of Committee (1) A quorum of the Committee consists of one half the total number of its members (ignoring any fraction resulting from the division) plus one. (2) A decision carried by a majority of the votes cast by the members present at a meeting is a decision of the Committee. (3) Each member present at a meeting of the Committee has one vote on a matter arising for decision and, if the votes are equal, the member presiding at the meeting may exercise a casting vote. (4) Subject to this Act, the Committee may determine its own procedures. STATE DISASTER ACT 1980 - SECT 8 8--Functions of Committee (1) The Committee must-- (a) prepare a State Disaster Plan; (b) advise the Minister on matters affecting the Plan and on methods of combating disasters and major emergencies and of recovery following disasters and major emergencies; (c) keep the State Disaster Plan under review and make such amendments to it as from time to time appear necessary or expedient; (d) maintain contact with organisations that might usefully participate in response or recovery operations and keep them informed of what would be expected of them in the event of a disaster or major emergency; (e) monitor the standard operating procedures of any body or organisation that performs any function under the State Disaster Plan or that might participate in response or recovery operations; (f) monitor and evaluate the implementation of the State Disaster Plan and the response and recovery operations taken during or following any declared state of disaster or emergency; (g) oversee and evaluate recovery operations during and following a declared state of disaster or emergency. (1a) Without limiting subsection (1), the Committee must-- (a) consult with the Local Government Association of South Australia in the process of reviewing and amending the State Disaster Plan; and (b) keep the Local Government Association of South Australia informed of what would be expected of local government in the event of a disaster or major emergency. (2) The Committee may, for the purposes of preparing and implementing the State Disaster Plan-- (a) create such offices as it thinks fit and appoint persons to those offices; and (b) assign additional functions to the State Co-ordinator and, with the approval of the State Co-ordinator, assign functions to Divisional Co-ordinators. (3) For the purposes, or in the course, of performing its functions, the Committee may establish such sub-committees as it thinks fit (which may, but need not consist of, or include, members of the Committee) to advise the Committee on any aspects of its functions or to assist with any matters relevant to the performance of its functions. (4) The Committee may delegate any function or power of the Committee to a sub-committee. (5) A delegation under subsection (4)-- (a) may be made subject to such conditions and limitations as the Committee thinks fit; and (b) is revocable at will; and (c) does not prevent the Committee from acting itself in any matter. (6) The Committee must, as it thinks fit, prepare and publish guidelines to assist persons, bodies and sub-committees to understand, perform and fulfil their functions and responsibilities under this Act and under the State Disaster Plan. STATE DISASTER ACT 1980 - SECT 9 9--State Co-ordinator and Deputy State Co-ordinator (1) The Commissioner of Police is the State Co-ordinator for the purposes of this Act. (2) The Governor may appoint a person to be Deputy State Co-ordinator and the person so appointed may, if the State Co-ordinator is unable to carry out official duties, exercise all the powers of the State Co-ordinator. STATE DISASTER ACT 1980 - SECT 9A 9A--Divisional Co-ordinators (1) The State Co-ordinator may appoint Divisional Co-ordinators to exercise functions and powers under this Act in relation to specified parts of the State. (2) A Divisional Co-ordinator will be appointed for such term and on such conditions as the State Co-ordinator may determine. (3) A Divisional Co-ordinator has the functions and powers delegated to the Co-ordinator by the State Co-ordinator or assigned to the Co-ordinator by the State Disaster Committee with the approval of the State Co-ordinator. STATE DISASTER ACT 1980 - SECT 10 10--Delegation (1) The State Co-ordinator may delegate to a Divisional Co-ordinator or to any other person any of his or her powers or functions under this Act. (2) Any such delegation is revocable at will and does not prevent the State Co-ordinator from acting personally in any matter. STATE DISASTER ACT 1980 - SECT 11 11--Authorised officers (1) The State Co-ordinator may appoint, individually or by class, such persons to be authorised officers for the purposes of this Act as the State Co-ordinator thinks fit. (2) An authorised officer, other than a member of the police force, must be issued with an identity card in a form approved by the State Co-ordinator-- (a) containing the person's name and a photograph of the person; and (b) stating that the person is an authorised officer for the purposes of this Act. (3) An authorised officer must, at the request of a person in relation to whom the authorised officer intends to exercise any powers under this Act, produce for the inspection of the person-- (a) in the case of an authorised officer who is a member of the police force and is not in uniform--his or her certificate of authority; (b) in the case of an authorised officer who is not a member of the police force--his or her identity card. (4) An authorised officer must, on ceasing to be an authorised officer for any reason, surrender his or her identity card and any insignia or special apparel or equipment issued to the authorised officer for the purposes of this Act to the State Co-ordinator or a person nominated by the State Co-ordinator. Maximum penalty: $1 250. STATE DISASTER ACT 1980 - SECT 12 12--Interim declaration of state of disaster by Minister (1) If it appears to the Minister that a disaster has occurred, is occurring, or is about to occur, the Minister may declare that a state of disaster exists in respect of so much of the State as is in his or her opinion affected, or likely to be affected, by the disaster. (2) A declaration under this section-- (a) must be made in writing and published in a manner and form determined by the Minister; and (b) remains in force for twelve hours; and (c) cannot be renewed or extended. STATE DISASTER ACT 1980 - SECT 13 13--Declaration of state of disaster by Governor (1) If it appears to the Governor that a disaster has occurred, is occurring, or is about to occur, the Governor may (whether or not there has been any previous declaration by the Minister) declare that a state of disaster exists in respect of so much of the State as is in his or her opinion affected, or likely to be affected, by the disaster. (2) A declaration under this section-- (a) must be made in writing and published in a manner and form determined by the Minister; and (b) subject to this section, remains in force for 96 hours. (3) A declaration under this section may be renewed or extended on the authority of a resolution of both Houses of Parliament, but in the absence of such an authority, cannot be renewed or extended. (4) The Governor may, at any time, revoke a declaration under this section. STATE DISASTER ACT 1980 - SECT 13A 13A--Declaration of state of emergency by State Co-ordinator (1) If it appears to the State Co-ordinator that a major emergency has occurred, is occurring, or is about to occur, the State Co-ordinator may declare that a state of emergency exists in respect of so much of the State as is, in his or her opinion, affected, or likely to be affected, by the emergency. (2) A declaration under this section-- (a) must be in writing and published in a manner and form determined by the Minister; and (b) remains in force for 48 hours; and (c) may, with the approval of the Governor, be renewed or extended. STATE DISASTER ACT 1980 - SECT 14 14--Powers of Minister on declaration of state of disaster or emergency (1) On a declaration of a state of disaster or emergency the Minister may authorise the expenditure of such sums of money as are approved by the Governor to relieve distress and assist in response or recovery operations. (2) This section is, without further appropriation, sufficient authority for the payment of money in pursuance of an authorisation given under subsection (1) out of the Consolidated Account. STATE DISASTER ACT 1980 - SECT 15 15--Powers of State Co-ordinator and authorised officers during state of disaster or emergency (1) On the declaration of a state of disaster or emergency and while that declaration remains in force the State Co-ordinator must take any necessary action to carry the State Disaster Plan into effect and cause such response and recovery operations to be carried out as he or she thinks appropriate. (2) Without limiting the generality of subsection (1), but subject to the regulations, the State Co-ordinator or an authorised officer may, if of the opinion that it is necessary to do so, do or cause to be done all or any of the following things: (a) by notice in writing in a form approved by the State Co-ordinator, require the owner, or a person for the time being in charge, of any real or personal property in a disaster or emergency area to place it under the control or at the disposition of a person nominated by the State Co-ordinator or the authorised officer; (b) direct the evacuation and removal of persons or animals from a disaster or emergency area, or part of a disaster or emergency area, and remove to such place as he or she thinks fit any person or animal found within such an area; (c) enter and, if necessary, break into any land, building, structure or vehicle within the disaster or emergency area; (d) take possession of any land, body of water, building, structure, vehicle or other thing within the disaster or emergency area; (e) remove, demolish or destroy any building, structure, vehicle, animal or vegetation within the disaster or emergency area; (f) shut off, or cut off, any supply of fuel, gas, electricity or water, or any drainage facility, within the disaster or emergency area; (g) direct or prohibit the movement of persons, animals or vehicles into or within the disaster or emergency area; (h) remove to such place as he or she thinks proper any person who obstructs or threatens to obstruct response or recovery operations; (i) give directions to any person whose responsibilities require him or her to engage in response or recovery operations, or who is so engaged. (3) An authorised officer may direct a person who the authorised officer reasonably suspects has committed, is committing or is about to commit, an offence against this Act to state the person's full name and usual place of residence and to produce evidence of the person's identity. (4) A person is entitled to be compensated for any injury, loss or damage suffered by the person-- (a) that arises in consequence of the exercise of powers under this section (apart from subsection (2)(h)); and (b) that would not have arisen in any event in consequence of the disaster or major emergency. (5) In assessing compensation under subsection (4) a court must take into account-- (a) any amount recovered or recoverable by the person suffering the injury, loss or damage under a policy of insurance; and (b) the extent (if at all) to which the conduct of the person suffering the injury, loss or damage contributed to that injury, loss or damage. STATE DISASTER ACT 1980 - SECT 15A 15A--Recovery operations following state of disaster or emergency (1) Following the expiry or revocation of a declaration of a state of disaster or emergency, the State Co-ordinator may direct authorised officers to take specified action for the purposes of carrying out recovery operations in accordance with the State Disaster Plan. (2) An authorised officer may be assisted by volunteers in carrying out recovery operations under this section and may give such directions to a volunteer as the officer thinks necessary for that purpose. (3) A recovery operation under this section cannot be carried out on private land without the consent of the owner of that land. STATE DISASTER ACT 1980 - SECT 16 16--Offences (1) A person must not without lawful excuse refuse or fail to comply with any lawful direction of the State Co-ordinator or of an authorised officer given, during the continuance of a declared state of disaster or emergency. Maximum penalty: If the offender is a body corporate--$50 000. If the offender is a natural person--$10 000. (2) A person must not obstruct or interfere with any response or recovery operations carried out in pursuance of this Act. Maximum penalty: $5 000. (3) A person must not falsely represent that he or she is an authorised officer. Maximum penalty: $5 000. (4) A person must not, without lawful authority-- (a) wear any insignia or special apparel issued to an authorised officer for the purposes of this Act; or (b) use any special equipment issued to an authorised officer for the purposes of this Act, in circumstances where to do so would lead to a reasonable belief that he or she was an authorised officer. Maximum penalty: $5 000. STATE DISASTER ACT 1980 - SECT 17 17--Immunity from liability of persons acting under this Act (1) A person does not incur any civil liability for an honest act or omission in the exercise or discharge of powers or functions under this Act. (2) A liability that would, but for subsection (1), lie against a person lies instead against the Crown. STATE DISASTER ACT 1980 - SECT 18 18--Protection of employment rights (1) A person who is absent from employment on official duties in connection with response or recovery operations is not liable to be dismissed or prejudiced in employment by reason of that absence, and the person's actual and accruing rights in respect of employment must be determined as if the person had not been absent from employment. (2) Where an employer has paid to an employee wages or salary due under this section, in respect of a period during which the employee has been absent from employment, the employer is entitled to reimbursement of the amount so paid. (3) Any amount to which an employer is entitled under subsection (2) will, on application to the Minister, be paid to the employer by the Minister. STATE DISASTER ACT 1980 - SECT 20 20--Evidentiary provision In any proceedings, a document purporting to be signed by the Minister and certifying-- (a) that a declaration of a state of disaster or emergency was in force either in respect of the whole State or a specified part of the State on a specified day or during a specified period; or (b) that a person named or referred to in the document was, on a specified date, an authorised officer, or a person who was taking part in response operations or recovery operations under the direction of an authorised officer, is, in the absence of proof to the contrary, proof of the fact so certified. STATE DISASTER ACT 1980 - SECT 21 21--Summary proceedings (2) Proceedings for an offence against this Act cannot be commenced without the authorisation of the Attorney-General. (3) An apparently genuine document purporting to be under the hand of the Attorney-General and to authorise the commencement of proceedings for an offence against this Act is, in the absence of proof to the contrary, proof of that authorisation. STATE DISASTER ACT 1980 - SECT 22 22--Offences by bodies corporate Where a body corporate is guilty of an offence against this Act, any director or manager of the body corporate is also guilty of an offence and liable to the same penalty as may be imposed for the principal offence when committed by a natural person unless it is proved that he or she could not, by the exercise of reasonable diligence, have prevented the commission of the principal offence by the body corporate. STATE DISASTER ACT 1980 - SECT 22A 22A--State Disaster Relief Fund (1) The State Disaster Relief Fund is established. (2) Any money received by the Minister for the relief of persons who suffer injury, loss or damage as a result of a disaster or major emergency in respect of which a declaration under this Act is made must be paid into the fund. (4) The Minister may appoint a committee of persons to administer the fund. (5) A committee appointed for the purposes of this section will administer the fund subject to the directions of the Governor. (6) Subject to this section, no money received by the fund in respect of a particular disaster or major emergency may be disbursed otherwise than to, or for the purpose of the relief of, persons who suffered injury, loss or damage as a result of that disaster or major emergency. (7) Where the committee is satisfied that it has made sufficient payment to all persons who suffered injury, loss or damage as a result of a particular disaster or major emergency, the committee may, with the approval of the Governor, leave the balance of the money in the fund for the relief of persons who suffer injury, loss or damage in some future disaster or major emergency. (8) Where the committee is of the opinion that a person who suffered injury, loss or damage as a result of a disaster or major emergency has been overcompensated for that injury, loss or damage by reason of being paid-- (a) money from the fund; and (b) damages or compensation from another source, the committee may, by notice in writing given personally or by post to the person, require the person to pay to the fund the amount of the overcompensation as determined by the committee and specified in the notice. (9) A person who is given a notice under subsection (8) is liable to pay to the fund, as a debt due to the Crown, the amount specified in the notice within the time specified in the notice (being a period of not less than one month from the day on which the notice is given). (10) Money paid to the fund pursuant to subsection (9) may be disbursed for the relief of persons who suffered injury, loss or damage as a result of the disaster or major emergency in respect of which the money was first paid, or of any future disaster or major emergency. (11) No money in the fund may be used to defray the administrative costs of administering the fund. STATE DISASTER ACT 1980 - SECT 23 23--Money required for purposes of this Act The money required for the purposes of this Act will be paid out of money provided by Parliament for those purposes. STATE DISASTER ACT 1980 - SECT 24 24--Regulations (1) The Governor may make such regulations as are contemplated by this Act or as are necessary or expedient for the purposes of this Act, or as are necessary in consequence of conditions directly or indirectly caused by a disaster or major emergency. (2) Without limiting the generality of subsection (1), those regulations may-- (a) apply generally or to a particular case or class of case; and (b) apply throughout the State or within a particular part of the State; and (c) prescribe penalties, not exceeding a fine of five thousand dollars, for breach of or non-compliance with, a regulation. STATE DISASTER ACT 1980 - NOTES Legislative history Notes * 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. Repeal of Act The State Disaster Act 1980 was repealed by Sch1 cl 6 of the Emergency Management Act 2004 on 25.11.2004. Principal Act and amendments Year No Title Assent Commencement 1980 106 State Disaster Act 1980 18.12.1980 23.12.1980 (Gazette 23.12.1980 p2369) 1985 12 State Disaster Act Amendment Act 1985 14.3.1985 21.3.1985 (Gazette 21.3.1985 p864) 1994 73 State Disaster (Major Emergencies and Recovery) Amendment Act 1994 1.12.1994 2.2.1995 (Gazette 2.2.1995 p200) 2001 6 State Disaster (State Disaster Committee) Amendment Act 2001 5.4.2001 28.6.2001 (Gazette 28.6.2001 p2385) Provisions amended Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement Long title substituted by 73/1994 s 3 2.2.1995 Pt 1 s 2 deleted by 73/1994 Sch 1 2.2.1995 s 3 amended by 12/1985 s 3 21.3.1985 deleted by 73/1994 Sch 1 2.2.1995 s 4 authorised officer amended by 73/1994 Sch 1 2.2.1995 counter-disaster operations deleted by 73/1994 s 4(a) 2.2.1995 disaster amended by 12/1985 s 4(a)--(c) 21.3.1985 amended by 73/1994 s 4(b) 2.2.1995 disaster area amended by 12/1985 s 4(d), (e) 21.3.1985 amended by 73/1994 s 4(c) 2.2.1995 Minister deleted by 12/1985 s 4(f) 21.3.1985 post-disaster operations inserted by 12/1985 s 4(f) 21.3.1985 deleted by 73/1994 s 4(d) 2.2.1995 post-disaster period inserted by 12/1985 s 4(f) 21.3.1985 deleted by 73/1994 s 4(d) 2.2.1995 emergency area inserted by 73/1994 s 4(d) 2.2.1995 major emergency inserted by 73/1994 s 4(d) 2.2.1995 recovery inserted by 73/1994 s 4(d) 2.2.1995 recovery operations inserted by 73/1994 s 4(d) 2.2.1995 response operations inserted by 73/1994 s 4(d) 2.2.1995 the State Co-ordinator deleted by 73/1994 s 4(e) 2.2.1995 the State Disaster Plan deleted by 73/1994 s 4(e) 2.2.1995 State Disaster Plan inserted by 73/1994 s 4(e) 2.2.1995 s 5 s 5(1) deleted by 73/1994 Sch 1 2.2.1995 s 5(2) and (3) amended by 73/1994 Sch 1 2.2.1995 s 5(4) amended by 73/1994 s 5 2.2.1995 Pt 2 heading amended by 73/1994 Sch 1 2.2.1995 s 6 s 6(1) substituted by 73/1994 Sch 1 2.2.1995 s 6(2) amended by 12/1985 s 5(a) 21.3.1985 amended by 73/1994 s 6, Sch 1 2.2.1995 amended by 6/2001 s 3(a)--(d) 28.6.2001 s 6(2a) inserted by 12/1985 s 5(b) 21.3.1985 amended by 73/1994 Sch 1 2.2.1995 s 6(3) amended by 73/1994 Sch 1 2.2.1995 s 6(4) amended by 73/1994 Sch 1 2.2.1995 amended by 6/2001 s 3(e) 28.6.2001 s 6(5) amended by 73/1994 Sch 1 2.2.1995 amended by 6/2001 s 3(f) 28.6.2001 s 6(6) and (7) inserted by 6/2001 s 3(g) 28.6.2001 s 7 substituted by 73/1994 s 7 2.2.1995 s 7(1) substituted by 6/2001 s 4 28.6.2001 s 8 s 8(1) s 8 amended and redesignated as s 8(1) by 12/1985 s 6 21.3.1985 amended by 73/1994 s 8(a)--(d), Sch 1 2.2.1995 amended by 6/2001 s 5(a) 28.6.2001 s 8(1a) inserted by 6/2001 s 5(b) 28.6.2001 s 8(2) inserted by 12/1985 s 6(b) 21.3.1985 substituted by 73/1994 s 8(e) 2.2.1995 s 8(3)--(6) inserted by 6/2001 s 5(c) 28.6.2001 ss 8A and 8B inserted by 73/1994 s 9 2.2.1995 deleted by 6/2001 s 6 28.6.2001 Pt 3 s 9 s 9(1) and (2) amended by 73/1994 Sch 1 2.2.1995 s 9A inserted by 73/1994 s 10 2.2.1995 s 10 s 10(1) amended by 73/1994 s 11, Sch 1 2.2.1995 s 10(2) amended by 73/1994 Sch 1 2.2.1995 s 11 substituted by 73/1994 s 12 2.2.1995 s 11(4) amended by 6/2001 s 8 (Sch) 28.6.2001 Pt 4 heading substituted by 73/1994 s 13 2.2.1995 s 12 s 12(1) and (2) amended by 73/1994 Sch 1 2.2.1995 s 13 s 13(1) amended by 73/1994 Sch 1 2.2.1995 s 13(2) amended by 12/1985 s 7 21.3.1985 amended by 73/1994 Sch 1 2.2.1995 s 13(3) amended by 73/1994 Sch 1 2.2.1995 s 13A inserted by 73/1994 s 14 2.2.1995 s 14 s 14(1) amended by 73/1994 s 15, Sch 1 2.2.1995 s 14(2) amended by 73/1994 Sch 1 2.2.1995 s 15 s 15(1) amended by 12/1985 s 8(a) 21.3.1985 substituted by 73/1994 s 16(a) 2.2.1995 s 15(2) substituted by 12/1985 s 8(b) 21.3.1985 amended by 73/1994 s 16(b)--(e), Sch 1 2.2.1995 s 15(3) deleted by 12/1985 s 8(b) 21.3.1985 inserted by 73/1994 s 16(f) 2.2.1995 s 15(4) amended by 12/1985 s 8(c) 21.3.1985 amended by 73/1994 s 16(g), Sch 1 2.2.1995 s 15(5) amended by 73/1994 Sch 1 2.2.1995 s 15A inserted by 73/1994 s 17 2.2.1995 s 16 s 16(1) amended by 73/1994 s 18(a), (b), Sch 1 2.2.1995 amended by 6/2001 s 8 (Sch) 28.6.2001 s 16(2) amended by 73/1994 s 18(c), (d), Sch 1 2.2.1995 amended by 6/2001 s 8 (Sch) 28.6.2001 s 16(3) and (4) inserted by 73/1994 s 18(e) 2.2.1995 amended by 6/2001 s 8 (Sch) 28.6.2001 Pt 4A inserted by 12/1985 s 9 21.3.1985 deleted by 73/1994 s 19 2.2.1995 Pt 5 s 17 s 17(1) substituted by 73/1994 Sch 1 2.2.1995 s 17(2) amended by 73/1994 Sch 1 2.2.1995 s 18 s 18(1) amended by 12/1985 s 10 21.3.1985 substituted by 73/1994 s 20 2.2.1995 s 18(2) and (3) amended by 73/1994 Sch 1 2.2.1995 s 19 amended by 12/1985 s 11 21.3.1985 deleted by 73/1994 s 21 2.2.1995 s 20 amended by 12/1985 s 12 21.3.1985 amended by 73/1994 s 22, Sch 1 2.2.1995 s 21 s 21(1) deleted by 73/1994 Sch 1 2.2.1995 s 21(2) and (3) amended by 73/1994 Sch 1 2.2.1995 s 22 amended by 73/1994 Sch 1 2.2.1995 amended by 6/2001 s 7 28.6.2001 s 22A inserted by 12/1985 s 13 21.3.1985 s 22A(1) substituted by 73/1994 Sch 1 2.2.1995 s 22A(2) amended by 73/1994 s 23(a), Sch 1 2.2.1995 s 22A(3) deleted by 73/1994 Sch 1 2.2.1995 s 22A(5) amended by 73/1994 Sch 1 2.2.1995 s 22A(6) amended by 73/1994 s 23(b), Sch 1 2.2.1995 s 22A(7) amended by 73/1994 s 23(c), Sch 1 2.2.1995 s 22A(8) amended by 73/1994 s 23(d), Sch 1 2.2.1995 s 22A(10) amended by 73/1994 s 23(e), Sch 1 2.2.1995 s 22A(11) amended by 73/1994 Sch 1 2.2.1995 s 23 amended by 73/1994 Sch 1 2.2.1995 s 24 s 24(1) amended by 73/1994 s 24(a) 2.2.1995 s 24(2) amended by 73/1994 s 24(b), Sch 1 2.2.1995 amended by 6/2001 s 8 (Sch) 28.6.2001 s 24(3) deleted by 12/1985 s 14 21.3.1985 Historical versions Reprint No 1--15.1.1992 Reprint No 2--2.2.1995