South Australian Consolidated Acts South Australian Consolidated ActsNotes
• This version is comprised of the following:
|
Part 1 |
1.7.2008 |
|
Part 2 |
1.7.2008 |
|
Part 2A |
1.1.2003 (Reprint No 11) |
|
Part 3 |
1.4.2007 |
|
Part 5 |
1.1.2003 (Reprint No 11) |
|
Part 6 |
1.1.2009 |
|
Part 7 |
1.1.2003 (Reprint No 11) |
|
Part 8 |
1.1.2003 (Reprint No 11) |
|
Part 10 |
1.7.2008 |
• 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.
Legislation repealed by principal
Act
The Education Act 1972 repealed the following:
Education Act 1915
Education Act Amendment Act 1916
Education Act Further Amendment Act (No. 2) 1919
Education Act Further Amendment Act 1923
Education Act Amendment Act 1924
Education Act Amendment Act 1925
Education Act 1929
Education Act Amendment Act 1940
Education Act Amendment Act 1941
Education Act Amendment Act 1942
Education Act Amendment Act 1945
Education Act Amendment Act 1946
Education Act Amendment Act 1947
Education Act Amendment Act 1947 (No. 2)
Education Act Amendment Act 1948
Education Act Amendment Act 1949
Education Act Amendment Act 1951
Education Act Amendment Act 1954
Education Act Amendment Act 1960
Education Act Amendment Act 1962
Education Act Amendment Act 1965
Education Act Amendment Act 1966
Education Act Amendment Act (No. 2) 1966
Education Act Amendment Act 1970
Legislation amended by principal Act
The Education Act 1972 amended the following:
Age of Majority (Reduction) Act 1970
Statutes Amendment (Long Service Leave) Act 1958
Principal Act and amendments
New entries appear in bold.
|
Year |
No |
Title |
Assent |
Commencement |
|
1972 |
154 |
7.12.1972 |
14.12.1972 (Gazette 14.12.1972 p2628) except Pt 4 Div
1—1.7.1973 (Gazette 7.6.1973 p2422) and except Pt 4
Divs 2—6—1.2.1974 (Gazette 24.1.1974 p211) |
|
|
1974 |
26 |
Education Act Amendment Act 1974 |
11.4.1974 |
1.7.1974: s 2 |
|
1974 |
97 |
Education Act Amendment Act (No. 2) 1974 |
5.12.1974 |
5.12.1974 |
|
1976 |
4 |
Education Act Amendment Act 1976 |
19.2.1976 |
8.4.1976 (Gazette 8.4.1976 p1892) |
|
1976 |
113 |
Education Act Amendment Act (No. 2) 1976 |
16.12.1976 |
29.1.1977 (Gazette 27.1.1977 p179) |
|
1979 |
25 |
Education Act Amendment Act 1979 |
15.3.1979 |
1.1.1978: 2(1) except Pt 3 (ss 9—23)—1.7.1979
(Gazette 28.6.1979 p1951) |
|
1979 |
44 |
Children's Protection and Young Offenders Act 1979 |
15.3.1979 |
Sch—1.7.1979 (Gazette 28.6.1979 p1951) |
|
1980 |
31 |
Education Act Amendment Act 1980 |
17.4.1980 |
17.4.1980 |
|
1980 |
108 |
Education Act Amendment Act (No. 2) 1980 |
18.12.1980 |
14.5.1981 (Gazette 14.5.1981 p1407) |
|
1981 |
13 |
Education Act Amendment Act 1981 |
19.3.1981 |
14.5.1981 (Gazette 14.5.1981 p1407) |
|
1983 |
93 |
Education Act Amendment Act 1983 |
15.12.1983 |
15.12.1983 (Gazette 15.12.1983 p1673) |
|
1984 |
50 |
Statute Law Revision Act 1984 |
24.5.1984 |
Sch 2—1.11.1984 (Gazette 1.11.1984 p1398) |
|
1986 |
83 |
Education Act Amendment Act 1986 |
4.12.1986 |
1.12.1987 (Gazette 22.10.1987 p1176) except new ss 75A &
75C (as inserted by s 26)—9.5.1991 (Gazette 9.5.1991 p1489)
and except s 25 & new s 75B (as inserted by
s 26)—uncommenced |
|
1987 |
61 |
Education Act Amendment Act 1987 |
22.10.1987 |
1.1.1988 (Gazette 10.12.1987 p1796) |
|
1989 |
26 |
Education Act Amendment Act 1989 |
27.4.1989 |
23.6.1989 (Gazette 25.5.1989 p1394) |
|
1991 |
2 |
Education (Part-time Remuneration) Amendment Act 1991 |
14.3.1991 |
14.3.1991 |
|
1991 |
34 |
Industrial Conciliation and Arbitration (Commonwealth Provisions)
Amendment Act 1991 |
24.4.1991 |
1.7.1991 (Gazette 27.6.1991 p2059) |
|
1992 |
71 |
Statutes Amendment (Expiation of Offences) Act 1992 |
19.11.1992 |
1.3.1993 (Gazette 18.2.1993 p600) |
|
1993 |
19 |
Education (Non-Government Schools) Amendment Act 1993 |
8.4.1993 |
12.7.1993 (Gazette 27.5.1993 p1752) |
|
1993 |
60 |
Education (Truancy) Amendment Act 1993 |
27.5.1993 |
1.1.1994 (Gazette 4.11.1993 p2167) |
|
1993 |
75 |
Statutes Amendment (Abolition of Compulsory Retirement)
Act 1993 |
21.10.1993 |
1.1.1994: s 2 |
|
1996 |
25 |
Education (Teaching Service) Amendment Act 1996 |
2.5.1996 |
5.12.1996 (Gazette 5.12.1996 p1812) |
|
1998 |
80 |
Education (Government School Closures and Amalgamations) Amendment
Act 1998 |
24.12.1998 |
24.12.1998 |
|
2000 |
4 |
District Court (Administrative and Disciplinary Division) Amendment
Act 2000 |
20.4.2000 |
Sch 1 (cl 10)—1.6.2000 (Gazette 18.5.2000
p2554) |
|
2000 |
92 |
Education (Councils and Charges) Amendment Act 2000 |
21.12.2000 |
1.2.2001 (Gazette 1.2.2001 p392) except the definition of affiliated
committee (as inserted by s 3(a)), ss 3(b), (c), 5, 7 and Schs 1
& 2—31.5.2001 (Gazette 31.5.2001 p1893) |
|
2002 |
7 |
Education (Compulsory Education Age) Amendment
Act 2002 |
1.8.2002 |
1.1.2003: s 2 |
|
2002 |
45 |
Education (Charges) Amendment Act 2002 |
12.12.2002 |
1.12.2002: s 2 |
|
2003 |
44 |
Statute Law Revision Act 2003 |
23.10.2003 |
Sch 1—24.11.2003 (Gazette 13.11.2003 p4048) |
|
2003 |
52 |
Education (Materials and Services Charges) Amendment
Act 2003 |
27.11.2003 |
30.11.2003: s 2 |
|
2004 |
57 |
16.12.2004 |
Sch 1 (cll 2—4)—31.3.2005 (Gazette 17.3.2005
p655) |
|
|
2005 |
34 |
Education (Extension) Amendment Act 2005 |
14.7.2005 |
14.7.2005 |
|
2006 |
41 |
Statutes Amendment (Public Sector Employment) Act 2006 |
14.12.2006 |
Pt 9 (ss 28—41)—1.4.2007 (Gazette 29.3.2007
p930) |
|
2007 |
51 |
Education (Compulsory Education Age) Amendment Act
2007 |
29.11.2007 |
1.7.2008 except ss 9(1), 12(1), (2) & (4), 13—16 &
19—1.1.2009 (Gazette 22.5.2008 p1717) |
Provisions amended since 3 February
1976
• Legislative history prior to 3 February 1976 appears in marginal
notes and footnotes included in the consolidation of this Act contained in
Volume 3 of The Public General Acts of South Australia 1837-1975 at page
536.
• 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 November 1984. A Schedule of these
alterations was laid before Parliament on 13 November 1984.
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 44/2003 s 3(1) (Sch 1) |
24.11.2003 |
|
|
amended by 51/2007 s 19 |
1.1.2009 |
|
Pt 1 |
|
|
|
s 2 |
deleted by 44/2003 s 3(1) (Sch 1) |
24.11.2003 |
|
s 3 |
amended by 4/1976 s 3 |
8.4.1976 |
|
|
amended by 108/1980 s 3 |
14.5.1981 |
|
|
amended by 93/1983 s 3 |
15.12.1983 |
|
|
deleted in pursuance of the Acts Republication
Act 1967 |
1.11.1984 |
|
s 4 |
deleted by 50/1984 s 3(1) (Sch 2) |
1.11.1984 |
|
s 5 |
|
|
|
s 5(1) |
s 5 redesignated as s 5(1) by 25/1979 s 4 |
1.1.1978 |
|
inserted by 92/2000 s 3(a) |
1.2.2001 |
|
|
inserted by 92/2000 s 3(a) |
31.5.2001 |
|
|
approved non-Government school |
inserted by 25/1979 s 9(a) |
1.7.1979 |
|
|
deleted by 108/1980 s 4(a) |
14.5.1981 |
|
inserted by 51/2007 s 4 |
1.7.2008 |
|
|
amended by 7/2002 s 3 |
1.1.2003 |
|
|
the Classification Board |
deleted by 25/1996 s 3(a) |
5.12.1996 |
|
inserted by 25/1996 s 3(a) |
5.12.1996 |
|
|
inserted by 41/2006 s 28(1) |
1.4.2007 |
|
|
substituted by 108/1980 s 4(b) |
14.5.1981 |
|
|
inserted by 92/2000 s 3(b) |
31.5.2001 |
|
|
amended by 113/1976 s 3(a) |
29.1.1977 |
|
|
|
substituted by 25/1979 s 9(b) |
1.7.1979 |
|
handicapped child |
deleted by 113/1976 s 3(b) |
29.1.1977 |
|
substituted by 92/2000 s 3(c) |
31.5.2001 |
|
|
amended by 113/1976 s 3(c) |
29.1.1977 |
|
|
substituted by 83/1986 s 3(a) |
1.12.1987 |
|
|
inserted by 25/1979 s 9(c) |
1.7.1979 |
|
|
inserted by 25/1996 s 3(b) |
5.12.1996 |
|
|
inserted by 25/1996 s 3(b) |
5.12.1996 |
|
|
inserted by 113/1976 s 3(d) |
29.1.1977 |
|
|
|
amended by 83/1986 s 3(b) |
1.12.1987 |
|
the register |
deleted by 57/2004 Sch 1 cl 2 |
31.3.2005 |
|
registered |
deleted by 57/2004 Sch 1 cl 2 |
31.3.2005 |
|
inserted by 108/1980 s 4(c) |
14.5.1981 |
|
|
the Salaries Board |
deleted by 34/1991 s 53(a) |
1.7.1991 |
|
inserted by 113/1976 s 3(e) |
29.1.1977 |
|
|
substituted by 113/1976 s 3(f) |
29.1.1977 |
|
|
substituted by 113/1976 s 3(g) |
29.1.1977 |
|
|
s 5(2) |
inserted by 25/1979 s 4 |
1.1.1978 |
|
|
amended by 61/1987 s 3 |
1.1.1988 |
|
s 5(3) |
inserted by 25/1979 s 4 |
1.1.1978 |
|
s 5(4) and (5) |
inserted by 41/2006 s 28(2) |
1.4.2007 |
|
Pt 2 |
|
|
|
s 8 before substitution by 51/2007 |
|
|
|
s 8(1) |
amended by 83/1986 s 4 |
1.12.1987 |
|
|
amended by 41/2006 s 29(1) |
1.4.2007 |
|
s 8(3) |
inserted by 41/2006 s 29(2) |
1.4.2007 |
|
s 8 |
substituted by 51/2007 s 5 |
1.7.2008 |
|
s 9 |
|
|
|
s 9(1) |
substituted by 25/1979 s 10 |
1.7.1979 |
|
s 9(3) |
amended by 113/1976 s 4(a) |
29.1.1977 |
|
|
substituted by 80/1998 s 2 |
24.12.1998 |
|
s 9(4) |
amended by 83/1986 s 5 |
1.12.1987 |
|
|
deleted by 41/2006 s 30 |
1.4.2007 |
|
s 9(9a) |
inserted by 92/2000 s 4 |
1.2.2001 |
|
s 9(10) |
inserted by 113/1976 s 4(b) |
29.1.1977 |
|
s 10 |
|
|
|
s 10(1) |
amended by 25/1979 s 11 |
1.7.1979 |
|
s 10(5) |
amended by 83/1986 s 6 |
1.12.1987 |
|
s 11 |
|
|
|
s 11(2) |
amended by 83/1986 s 7(a) |
1.12.1987 |
|
s 11(4) |
amended by 83/1986 s 7(b) |
1.12.1987 |
|
s 13 before substitution by 51/2007 |
|
|
|
s 13(1) |
amended by 83/1986 s 8 |
1.12.1987 |
|
s 13 |
substituted by 51/2007 s 6 |
1.7.2008 |
|
s 14 |
|
|
|
s 14(1a) |
inserted by 52/2003 s 4 |
30.11.2003 |
|
Pt 2A |
inserted by 80/1998 s 3 |
24.12.1998 |
|
Pt 3 |
|
|
|
Pt 3 Div 1 |
|
|
|
s 15 |
|
|
|
s 15(1) |
substituted by 41/2006 s 31(1) |
1.4.2007 |
|
s 15(4) |
amended by 25/1979 s 12(a) |
1.7.1979 |
|
|
amended by 41/2006 s 31(2) |
1.4.2007 |
|
s 15(5) |
amended by 25/1979 s 12(b) |
1.7.1979 |
|
|
amended by 31/1980 s 2(a) |
17.4.1980 |
|
s 15(6) |
amended by 31/1980 s 2(b) |
17.4.1980 |
|
|
amended by 41/2006 s 31(3) |
1.4.2007 |
|
s 15(7) |
inserted by 41/2006 s 31(4) |
1.4.2007 |
|
Pt 3 Div 1A |
inserted by 25/1996 s 4 |
5.12.1996 |
|
s 15B |
|
|
|
s 15B(1) |
amended by 41/2006 s 32(1) |
1.4.2007 |
|
s 15B(2) |
amended by 41/2006 s 32(2) |
1.4.2007 |
|
Pt 3 Div 2 |
|
|
|
s 16 |
|
|
|
s 16(1) |
amended by 41/2006 s 33(1), (2) |
1.4.2007 |
|
s 16(5) |
inserted by 41/2006 s 33(3) |
1.4.2007 |
|
s 17 |
|
|
|
s 17(1) |
substituted by 83/1986 s 9(a) |
1.12.1987 |
|
|
amended by 25/1996 s 5(a), (b) |
5.12.1996 |
|
|
amended by 41/2006 s 34(1), (2) |
1.4.2007 |
|
s 17(1a) |
inserted by 83/1986 s 9(a) |
1.12.1987 |
|
|
substituted by 25/1996 s 5(c) |
5.12.1996 |
|
s 17(1b) |
inserted by 83/1986 s 9(a) |
1.12.1987 |
|
|
deleted by 25/1996 s 5(c) |
5.12.1996 |
|
s 17(1c) |
inserted by 83/1986 s 9(a) |
1.12.1987 |
|
|
substituted by 41/2006 s 34(3) |
1.4.2007 |
|
s 17(2) |
amended by 83/1986 s 9(b) |
1.12.1987 |
|
|
amended by 41/2006 s 34(4) |
1.4.2007 |
|
s 17(3) |
amended by 83/1986 s 9(c) |
1.12.1987 |
|
|
amended by 41/2006 s 34(5) |
1.4.2007 |
|
Pt 3 Div 3 |
|
|
|
s 18 |
deleted by 25/1979 s 5 |
1.1.1978 |
|
s 19 |
amended by 25/1979 s 6 |
1.1.1978 |
|
|
substituted by 61/1987 s 4 |
1.1.1988 |
|
s 20 |
substituted by 25/1979 s 7 |
1.1.1978 |
|
|
substituted by 61/1987 s 4 |
1.1.1988 |
|
s 20(5) |
amended by 25/1996 s 6 |
5.12.1996 |
|
s 21 |
amended by 25/1979 s 8 |
1.1.1978 |
|
|
substituted by 61/1987 s 4 |
1.1.1988 |
|
s 21(2) |
amended by 41/2006 s 35(1), (2) |
1.4.2007 |
|
s 21(4) |
amended by 41/2006 s 35(3) |
1.4.2007 |
|
s 22 |
|
|
|
s 22(1) |
amended by 113/1976 s 5(a) |
29.1.1977 |
|
s 22(2) |
amended by 113/1976 s 5(b) |
29.1.1977 |
|
s 22(3) |
amended by 41/2006 s 36(1) |
1.4.2007 |
|
s 22(4) |
amended by 41/2006 s 36(2) |
1.4.2007 |
|
s 24 |
|
|
|
s 24(1) |
amended by 113/1976 s 6 |
29.1.1977 |
|
s 24(2) |
amended by 83/1986 s 10 |
1.12.1987 |
|
s 24(5) |
amended by 41/2006 s 37 |
1.4.2007 |
|
Pt 3 Div 4 |
|
|
|
s 25 |
|
|
|
s 25(1) |
substituted by 31/1980 s 3 |
17.4.1980 |
|
|
amended by 50/1984 s 3(1) (Sch 2) |
1.11.1984 |
|
|
amended by 75/1993 s 11(a) |
1.1.1994 |
|
s 25(1a) |
inserted by 31/1980 s 3 |
17.4.1980 |
|
|
deleted by 50/1984 s 3(1) (Sch 2) |
1.11.1984 |
|
s 25(2) |
deleted by 83/1986 s 11 |
1.12.1987 |
|
s 25(3) |
inserted by 113/1976 s 7 |
29.1.1977 |
|
|
deleted by 75/1993 s 11(b) |
1.1.1994 |
|
Pt 3 Div 5 |
|
|
|
s 26 |
|
|
|
s 26(2) |
amended by 25/1979 s 13 |
1.7.1979 |
|
|
amended by 25/1996 s 7 |
5.12.1996 |
|
|
amended by 41/2006 s 38(1) |
1.4.2007 |
|
s 26(3) |
amended by 41/2006 s 38(2) |
1.4.2007 |
|
s 26(4) |
amended by 41/2006 s 38(3) |
1.4.2007 |
|
s 27 |
|
|
|
s 27(3) |
amended by 41/2006 s 39 |
1.4.2007 |
|
Pt 3 Div 6 |
amended by 83/1986 s 12 |
1.12.1987 |
|
|
substituted by 25/1996 s 8 |
5.12.1996 |
|
Pt 3 Div 7 |
amended by 4/1976 s 4 |
8.4.1976 |
|
|
amended by 25/1979 s 14 |
1.7.1979 |
|
|
amended by 83/1986 s 13 |
1.12.1987 |
|
|
deleted by 34/1991 s 53(b) |
1.7.1991 |
|
Pt 3 Div 8 |
|
|
|
s 45 |
|
|
|
s 45(2) |
amended by 4/1976 s 5(a), (b) |
8.4.1976 |
|
|
amended by 83/1986 s 14 |
1.12.1987 |
|
|
amended by 26/1989 s 3(a) |
23.6.1989 |
|
s 45(3) |
amended by 4/1976 s 5(c) |
8.4.1976 |
|
|
amended by 26/1989 s 3(b), (c) |
23.6.1989 |
|
s 45(4) |
inserted by 4/1976 s 5(d) |
8.4.1976 |
|
|
amended by 26/1989 s 3(d), (e) |
23.6.1989 |
|
s 45(5) and (6) |
inserted by 26/1989 s 3(f) |
23.6.1989 |
|
s 46 |
|
|
|
s 46(3) |
amended by 83/1986 s 15 |
1.12.1987 |
|
s 46(6) |
inserted by 26/1989 s 4 |
23.6.1989 |
|
s 49 |
amended by 4/1976 s 6 |
8.4.1976 |
|
s 53 |
|
|
|
s 53(2) |
amended by 26/1989 s 5 |
23.6.1989 |
|
|
substituted by 25/1996 s 9 |
5.12.1996 |
|
s 53(2a) |
inserted by 25/1996 s 9 |
5.12.1996 |
|
s 53(3) |
amended by 41/2006 s 40(1) |
1.4.2007 |
|
s 53(6) |
amended by 41/2006 s 40(2) |
1.4.2007 |
|
s 53(7) |
amended by 41/2006 s 40(3), (4) |
1.4.2007 |
|
s 54 |
|
|
|
s 54(1) |
substituted by 26/1989 s 6 |
23.6.1989 |
|
Pt 4 before deleted by 57/2004 |
|
|
|
s 55 |
|
|
|
s 55(2) |
amended by 113/1976 s 8 |
29.1.1977 |
|
|
amended by 25/1979 s 15 |
1.7.1979 |
|
|
amended by 108/1980 s 5 |
14.5.1981 |
|
|
amended by 83/1986 s 16 |
1.12.1987 |
|
s 56 |
|
|
|
s 56(3) |
amended by 83/1986 s 17 |
1.12.1987 |
|
s 57 |
|
|
|
s 57(1) |
amended by 113/1976 s 9(a) |
29.1.1977 |
|
s 57(5) |
amended by 113/1976 s 9(b) |
29.1.1977 |
|
s 58 |
|
|
|
s 58(2) |
amended by 108/1980 s 6(a), (b) |
14.5.1981 |
|
s 58(3) |
inserted by 108/1980 s 6(c) |
14.5.1981 |
|
s 60 |
|
|
|
s 60(1) |
amended by 113/1976 s 10(a) |
29.1.1977 |
|
s 60(2) |
amended by 113/1976 s 10(b) |
29.1.1977 |
|
|
amended by 83/1986 s 18 |
1.12.1987 |
|
s 61 |
|
|
|
s 61(1) |
amended by 113/1976 s 11(a) |
29.1.1977 |
|
|
amended by 50/1984 s 3(1) (Sch 2) |
1.11.1984 |
|
|
(b)(iii) deleted by 50/1984 s 3(1) (Sch 2) |
1.11.1984 |
|
s 61(4) |
substituted by 113/1976 s 11(b) |
29.1.1977 |
|
s 63 |
|
|
|
s 63(1) |
amended by 113/1976 s 12(a) |
29.1.1977 |
|
|
amended by 25/1979 s 16 |
1.7.1979 |
|
|
amended by 108/1980 s 7 |
14.5.1981 |
|
|
amended by 50/1984 s 3(1) (Sch 2) |
1.11.1984 |
|
s 63(2) |
amended by 113/1976 s 12(b) |
29.1.1977 |
|
s 63(4) |
amended by 113/1976 s 12(c) |
29.1.1977 |
|
s 67 |
|
|
|
s 67(1) |
amended by 113/1976 s 13 |
29.1.1977 |
|
s 68 |
|
|
|
s 68(1) |
amended by 4/2000 s 9(1) (Sch 1 cl 10(a)) |
1.6.2000 |
|
s 68(2) |
amended by 4/2000 s 9(1) (Sch 1 cl 10(b)) |
1.6.2000 |
|
s 68(3) |
deleted by 4/2000 s 9(1) (Sch 1 cl 10(c)) |
1.6.2000 |
|
s 70 |
|
|
|
s 70(2) |
substituted by 83/1986 s 19 |
1.12.1987 |
|
s 70(3) |
deleted by 83/1986 s 19 |
1.12.1987 |
|
Pt 4 |
deleted by 57/2004 Sch 1 cl 3 |
31.3.2005 |
|
Pt 5 |
amended by 25/1979 ss 17, 18 |
1.7.1979 |
|
|
substituted by 108/1980 s 8 |
14.5.1981 |
|
Pt 5 Div 1 |
|
|
|
s 72 |
|
|
|
s 72(2) |
amended by 13/1981 s 3 |
14.5.1981 |
|
|
amended by 93/1983 s 4(a) |
15.12.1983 |
|
|
amended by 19/1993 s 3 |
12.7.1993 |
|
s 72(3) and (4) |
inserted by 93/1983 s 4(b) |
15.12.1983 |
|
s 72A |
|
|
|
s 72A(3) |
amended by 83/1986 s 20 |
1.12.1987 |
|
s 72B |
|
|
|
s 72B(1) |
amended by 13/1981 s 4 |
14.5.1981 |
|
|
amended by 93/1983 s 5(a) |
15.12.1983 |
|
s 72B(5) |
substituted by 93/1983 s 5(b) |
15.12.1983 |
|
s 72E |
|
|
|
s 72E(2) |
substituted by 83/1986 s 21 |
1.12.1987 |
|
s 72E(3) |
deleted by 83/1986 s 21 |
1.12.1987 |
|
Pt 5 Div 2 |
|
|
|
s 72F |
|
|
|
s 72F(1) |
s 72F amended and redesignated as s 72F(1) by 83/1986
s 22 |
1.12.1987 |
|
s 72F(2) |
inserted by 83/1986 s 22(b) |
1.12.1987 |
|
|
amended by 19/1993 s 4 |
12.7.1993 |
|
s 72G |
|
|
|
s 72G(2) |
substituted by 13/1981 s 5 |
14.5.1981 |
|
|
substituted by 93/1983 s 6(a) |
15.12.1983 |
|
|
amended by 26/1989 s 7 |
23.6.1989 |
|
s 72G(3) |
amended by 93/1983 s 6(b) |
15.12.1983 |
|
|
substituted by 19/1993 s 5 |
12.7.1993 |
|
s 72G(4) |
substituted by 19/1993 s 5 |
12.7.1993 |
|
s 72G(4a) |
inserted by 93/1983 s 6(c) |
15.12.1983 |
|
s 72G(5) |
substituted by 93/1983 s 6(d) |
15.12.1983 |
|
s 72GA |
inserted by 19/1993 s 6 |
12.7.1993 |
|
s 72H |
|
|
|
s 72H(3) |
amended by 93/1983 s 7 |
15.12.1983 |
|
s 72I |
deleted by 13/1981 s 6 |
14.5.1981 |
|
Pt 5 Div 2A |
inserted by 26/1989 s 8 |
23.6.1989 |
|
Pt 5 Div 3 |
heading substituted by 93/1983 s 8 |
15.12.1983 |
|
|
heading substituted by 19/1993 s 7 |
12.7.1993 |
|
s 72J |
|
|
|
s 72J(1) |
amended by 93/1983 s 9(a) |
15.12.1983 |
|
s 72J(1a) |
inserted by 93/1983 s 9(b) |
15.12.1983 |
|
s 72J(2) |
substituted by 93/1983 s 9(b) |
15.12.1983 |
|
|
amended by 26/1989 s 9 |
23.6.1989 |
|
s 72J(2a) |
inserted by 93/1983 s 9(b) |
15.12.1983 |
|
|
amended by 50/1984 s 3(1) (Sch 2) |
1.11.1984 |
|
s 72J(2b) |
inserted by 19/1993 s 8 |
12.7.1993 |
|
s 72K |
|
|
|
s 72K(1) |
amended by 93/1983 s 10(a) |
15.12.1983 |
|
s 72K(4) |
amended by 93/1983 s 10(b) |
15.12.1983 |
|
s 72L |
|
|
|
s 72L(1) |
amended by 93/1983 s 11(a)—(c) |
15.12.1983 |
|
s 72L(2) |
amended by 93/1983 s 11(d) |
15.12.1983 |
|
Pt 5 Div 4 |
|
|
|
s 72M |
|
|
|
s 72M(1) |
amended by 4/2000 s 9(1) (Sch 1 cl 10(d)) |
1.6.2000 |
|
s 72M(2) |
amended by 4/2000 s 9(1) (Sch 1 cl 10(e)) |
1.6.2000 |
|
s 72M(3) |
deleted by 4/2000 s 9(1) (Sch 1 cl 10(f)) |
1.6.2000 |
|
Pt 5 Div 5 |
|
|
|
s 72N |
|
|
|
s 72N(3) |
substituted by 19/1993 s 9 |
12.7.1993 |
|
s 72O |
|
|
|
s 72O(1) |
amended by 13/1981 s 7 |
14.5.1981 |
|
s 72P |
|
|
|
s 72P(1) |
amended by 13/1981 s 8 |
14.5.1981 |
|
|
amended by 93/1983 s 12(a)—(c) |
15.12.1983 |
|
|
amended by 83/1986 s 23 |
1.12.1987 |
|
s 72P(1a) |
inserted by 93/1983 s 12(d) |
15.12.1983 |
|
s 72P(2) |
amended by 93/1983 s 12(e) |
15.12.1983 |
|
|
substituted by 19/1993 s 10 |
12.7.1993 |
|
s 73 |
inserted by 26/1989 s 10 |
23.6.1989 |
|
Pt 6 |
|
|
|
heading |
substituted by 51/2007 s 7 |
1.7.2008 |
|
s 74 |
|
|
|
s 74(1) |
inserted by 25/1979 s 19(a) |
1.7.1979 |
|
|
amended by 108/1980 s 8 |
14.5.1981 |
|
inserted by 51/2007 s 8(1) |
1.7.2008 |
|
|
inserted by 51/2007 s 8(1) |
1.7.2008 |
|
|
s 74(2) |
s 74(1) redesignated as s 74(2) by 25/1979 s 19(b) |
1.7.1979 |
|
|
deleted by 83/1986 s 24 |
1.12.1987 |
|
|
inserted by 51/2007 s 8(2) |
1.7.2008 |
|
s 74(3) |
s 74(2) redesignated as s 74(3) by 25/1979
s 19(b) |
1.7.1979 |
|
|
deleted by 83/1986 s 24 |
1.12.1987 |
|
s 75 |
|
|
|
s 75(1) |
amended by 83/1986 s 25(a), (b) |
uncommenced—not incorporated |
|
|
amended by 113/1976 s 14(a) |
29.1.1977 |
|
|
substituted by 51/2007 s 9(1) |
1.1.2009 |
|
s 75(2) |
substituted by 83/1986 s 25(c) |
uncommenced—not incorporated |
|
|
substituted by 51/2007 s 9(1) |
1.1.2009 |
|
s 75(2a) |
inserted by 51/2007 s 9(1) |
1.1.2009 |
|
s 75(3) |
substituted by 113/1976 s 14(b) |
29.1.1977 |
|
|
substituted by 83/1986 s 25(c) |
uncommenced—not incorporated |
|
s 75(5) |
amended by 83/1986 s 25(d) |
uncommenced—not incorporated |
|
|
amended by 51/2007 s 9(2) |
1.7.2008 |
|
s 75(6) |
amended by 51/2007 s 9(3) |
1.7.2008 |
|
s 75(7) and (8) |
inserted by 51/2007 s 9(4) |
1.7.2008 |
|
s 75A |
inserted by 83/1986 s 26 |
9.5.1991 |
|
s 75B |
inserted by 83/1986 s 26 |
uncommenced—not incorporated |
|
s 75C |
inserted by 83/1986 s 26 |
9.5.1991 |
|
s 75C |
|
|
|
s 75C(1) |
amended by 4/2000 s 9(1) (Sch 1 cl 10(g)) |
1.6.2000 |
|
|
amended by 51/2007 s 10(1) |
1.7.2008 |
|
s 75C(2) |
amended by 4/2000 s 9(1) (Sch 1 cl 10(h)) |
1.6.2000 |
|
|
amended by 51/2007 s 10(2) |
1.7.2008 |
|
s 75C(3) |
deleted by 4/2000 s 9(1) (Sch 1 cl 10(i)) |
1.6.2000 |
|
ss 75D and 75E |
inserted by 51/2007 s 11 |
1.7.2008 |
|
s 76 |
|
|
|
s 76(1) |
substituted by 51/2007 s 12(1) |
1.1.2009 |
|
s 76(1a) |
inserted by 51/2007 s 12(1) |
1.1.2009 |
|
s 76(2a) |
inserted by 51/2007 s 12(2) |
1.1.2009 |
|
s 76(3) |
amended by 83/1986 s 27 |
1.12.1987 |
|
|
amended by 51/2007 s 12(3) |
1.7.2008 |
|
s 76(5) |
deleted by 51/2007 s 12(4) |
1.1.2009 |
|
s 77 |
deleted by 7/2002 s 4 |
1.1.2003 |
|
s 78 before substitution by 51/2007 |
|
|
|
s 78(1) |
amended by 83/1986 s 28 |
1.12.1987 |
|
s 78(2) |
deleted by 7/2002 s 5 |
1.1.2003 |
|
s 78 |
substituted by 51/2007 s 13 |
1.1.2009 |
|
s 79 |
substituted by 44/1979 Sch |
1.7.1979 |
|
|
substituted by 60/1993 s 3 |
1.1.1994 |
|
|
amended by 51/2007 s 14 |
1.1.2009 |
|
s 80 before substitution by 51/2007 |
|
|
|
s 80(2) |
substituted by 113/1976 s 15(a) |
29.1.1977 |
|
s 80(2a) |
inserted by 83/1986 s 29(a) |
1.12.1987 |
|
s 80(2b) |
inserted by 60/1993 s 4 |
1.1.1994 |
|
s 80(3) |
amended by 113/1976 s 15(b) |
29.1.1977 |
|
s 80(4) |
substituted by 83/1986 s 29(b) |
1.12.1987 |
|
s 80 |
substituted by 51/2007 s 15 |
1.1.2009 |
|
ss 80A and 80B |
inserted by 51/2007 s 15 |
1.1.2009 |
|
s 81 |
|
|
|
s 81(1) |
amended by 25/1979 s 20 |
1.7.1979 |
|
s 81(2) |
amended by 51/2007 s 16 |
1.1.2009 |
|
s 81A |
inserted by 7/2002 s 6 |
1.1.2003 |
|
s 81A(2a) |
inserted by 51/2007 s 17 |
1.7.2008 |
|
Pt 7 |
|
|
|
s 82 |
|
|
|
s 82(2) |
substituted by 25/1979 s 21 |
1.7.1979 |
|
s 82(3) |
substituted by 25/1979 s 21 |
1.7.1979 |
|
|
amended by 108/1980 s 10 |
14.5.1981 |
|
|
amended by 83/1986 s 30 |
1.12.1987 |
|
s 82(4) |
substituted by 25/1979 s 21 |
1.7.1979 |
|
Pt 8 |
amended by 113/1976 s 16 |
29.1.1977 |
|
|
amended by 25/1979 s 22 |
1.7.1979 |
|
|
amended by 83/1986 ss 31, 32 |
1.12.1987 |
|
|
substituted by 92/2000 s 5 |
31.5.2001 |
|
Pt 9 |
deleted by 4/1976 s 7 |
8.4.1976 |
|
Pt 10 |
|
|
|
s 101A |
inserted by 2/1991 s 2 |
14.3.1991 |
|
ss 101B and 101C |
inserted by 41/2006 s 41 |
1.4.2007 |
|
s 102A |
inserted by 83/1986 s 33 |
1.12.1987 |
|
s 103 |
|
|
|
s 103(6) |
amended by 83/1986 s 34 |
1.12.1987 |
|
|
amended by 71/1992 s 3(1) (Sch) |
1.3.1993 |
|
s 104 |
amended by 83/1986 s 35 |
1.12.1987 |
|
|
amended by 71/1992 s 3(1) (Sch) |
1.3.1993 |
|
s 106A |
inserted by 92/2000 s 6 |
1.2.2001 |
|
|
substituted by 52/2003 s 5 |
30.11.2003 |
|
s 106A(16) |
deleted by 34/2005 s 3 |
14.7.2005 |
|
s 106B |
inserted by 92/2000 s 6 |
1.2.2001 |
|
s 106C |
inserted by 92/2000 s 6 |
1.2.2001 |
|
|
(a)(iii) deleted by 52/2003 s 6 |
30.11.2003 |
|
s 106D |
amended by 45/2002 s 3 |
1.12.2002 |
|
|
deleted by 52/2003 s 7 |
30.11.2003 |
|
s 107 |
|
|
|
s 107(2) |
amended by 25/1979 s 23 |
1.7.1979 |
|
|
amended by 108/1980 s 11 |
14.5.1981 |
|
|
amended by 50/1984 s 3(1) (Sch 2) |
1.11.1984 |
|
|
amended by 26/1989 s 11 |
23.6.1989 |
|
|
amended by 2/1991 s 3 |
14.3.1991 |
|
|
amended by 92/2000 s 7(a), (b) |
31.5.2001 |
|
|
(sb) deleted by 92/2000 s 7(b) |
31.5.2001 |
|
|
amended by 52/2003 s 8 |
30.11.2003 |
|
|
(q) and (r) deleted by 57/2004 Sch 1 cl 4 |
31.3.2005 |
|
|
amended by 51/2007 s 18(1) |
1.7.2008 |
|
s 107(4) |
amended by 83/1986 s 36 |
1.12.1987 |
|
|
amended by 51/2007 s 18(2) |
1.7.2008 |
Transitional etc provisions associated with Act or
amendments
Industrial Conciliation and Arbitration (Commonwealth
Provisions) Amendment Act 1991
(11) The following provisions apply in relation to the amendment of the
Education Act 1972 and the Technical and Further Education
Act 1976:
(a) an award of the Teachers' Salaries Board in force immediately before
those amendments will, after those amendments, be taken to be an award of the
Commission and will, subject to the principal Act, continue to have the same
operation; and
(b) any proceedings before the Teachers' Salaries Board at the time of
those amendments may continue before the Teachers' Salaries Board as if those
amendments had not been effected.
Education (Teaching Service) Amendment
Act 1996
10—Transition and
ratification
(1) Each position recorded in the records of the Department from time to
time before the commencement of this Act as a position in the teaching service
classified at a promotional level will be taken to have been duly established as
a position in the teaching service and classified at that level by the
Director-General under the principal Act as amended by this Act (and for that
purpose it is to be assumed that this Act had been enacted and was in force at
the relevant time).
(2) Each appointment made to a position referred to in subsection (1) from
time to time before the commencement of this Act will be taken to have been duly
made by the Minister under the principal Act as amended by this Act (and for
that purpose it is to be assumed that this Act had been enacted and was in force
at the relevant time).
(3) If an appointment referred to in subsection (2) was made on the basis
that it was to continue only for a period specified in the instrument notifying
the officer of his or her appointment, the Minister will be taken to have duly
imposed, under the principal Act as amended by this Act, a condition limiting
the term of the appointment to the period so specified (and for that purpose it
is to be assumed that this Act has been enacted and was in force at the relevant
time).
(4) Each officer recorded in the records of the Department as being
classified at the Advanced Skills Teacher Level 1 or a lower level immediately
before the commencement of this Act will be taken to have been duly classified
at that level by the Director-General under the principal Act as amended by this
Act (and for that purpose it is to be assumed that this Act had been enacted and
was in force at the relevant time).
(5) If an officer's classification referred to in subsection (4) was on
the basis that it was to continue only for a period specified in the instrument
notifying the officer of his or her classification, the Director-General will be
taken to have duly imposed, under the principal Act as amended by this Act, a
condition limiting the term of the classification to the period so specified
(and for that purpose it is to be assumed that this Act had been enacted and was
in force at the relevant time).
(6) In this section—
promotional level in relation to a position in the teaching
service means a classification level other than Teacher or Advanced Skills
Teacher Level 1.
Education (Councils and Charges) Amendment
Act 2000, Sch 1—Transitional provisions
1—Head
teachers
A person who is, immediately before the commencement of this clause, the
head teacher of a school will be taken, for the purposes of the definition of
head teacher in the principal Act (as amended by this Act), to
have been designated by the Director-General or governing authority of the
non-Government school (as the case requires) as the head teacher of the
school.
(1) A school council in existence immediately before the commencement of
this clause will, on that commencement, be taken—
(a) to continue in existence as the same body corporate; and
(b) to consist of the members of the council holding office immediately
before that commencement.
(2) An elected or appointed member of a school council will hold office
for the same term as applied to the member immediately before the commencement
of this clause.
(3) A school council may, within 6 months after the commencement of this
clause, adopt a constitution.
(4) If the school is a Partnerships 21 site, the constitution adopted by
the council must be one appropriate to a governing council.
(5) A constitution adopted by a school council has no effect until
submitted to, and approved by, the Minister.
(6) If—
(a) a school council does not adopt a constitution and submit it to the
Minister for approval within 6 months after the commencement of this clause;
or
(b) the Minister refuses to approve a constitution so submitted by a
school council,
the Minister may, by notice in writing to the presiding member of the
school council, determine that the council is to operate under a constitution
specified in the notice.
(7) The Minister may not make a determination under subclause (6) that a
school council is to operate under a constitution appropriate to a governing
council unless, at the time the direction is given, the school is a Partnerships
21 site.
(8) Until a constitution takes effect in relation to a school council
under this clause, the council must operate in accordance with the provisions of
the Act, and the regulations made under the Act, as in force immediately before
the commencement of this clause (subject to any modifications prescribed by
regulation and despite the repeal or revocation of those provisions).
(9) For the purposes of this clause, a school is a Partnerships 21 site
only if it is so designated by an agreement (known as a "Services Agreement") to
which the presiding member of the school council, the head teacher of the school
and the Director-General (or a former presiding member, head teacher and
Director-General) are signatories.
(1) An affiliated committee established by the Minister under the
principal Act and in existence immediately before the commencement of this
clause will, on that commencement, be taken—
(a) to continue in existence as an affiliated committee authorised by the
Minister under the principal Act (as amended by this Act); and
(b) to consist of the members of the committee holding office immediately
before that commencement.
(2) An elected or appointed member of an affiliated committee will hold
office for the same term as applied to the member immediately before the
commencement of this clause.
(3) An affiliated committee may, within 6 months after the commencement of
this clause, adopt a constitution.
(4) A constitution adopted by an affiliated committee has no effect until
submitted to, and approved by, the Minister.
(5) If—
(a) an affiliated committee does not adopt a constitution and submit it to
the Minister for approval within 6 months after the commencement of this clause;
or
(b) the Minister refuses to approve a constitution so submitted by an
affiliated committee,
the Minister may, by notice in writing to the presiding member of the
affiliated committee, determine that the committee is to operate under a
constitution specified in the notice.
(6) Until a constitution takes effect in relation to an affiliated
committee under this clause, the committee must operate in accordance with the
provisions of the Act, and the regulations made under the Act, as in force
immediately before the commencement of this clause (subject to any modifications
prescribed by regulation and despite the repeal or revocation of those
provisions).
Education (Charges) Amendment
Act 2002
This Act will be taken to have come into operation on 1 December 2002 and
sections 106A to 106C (inclusive) of the Education Act 1972 (as
in force immediately before that date) will be taken not to have
expired.
Education (Compulsory Education Age) Amendment
Act 2002
(1) The amendments effected by this Act do not apply to a child who has,
before the commencement of this Act, attained the age of 15 years
if—
(a) the child has ceased to attend or be enrolled at a school;
and
(b) the child is—
(i) in full-time employment; or
(ii) enrolled as a full-time student in an approved course of instruction
or training; or
(iii) engaged in part-time employment and enrolled in an approved course
of instruction or training.
(2) In this section—
approved course of instruction or training means a course of
instruction or training—
(a) provided by a college of technical and further education pursuant to
the Technical and Further Education Act 1975; or
(b) accredited under Part 3 of the Vocational Education, Employment and
Training Act 1994; or
(c) of a kind prescribed by regulation.
Teachers Registration and Standards Act 2004,
Sch 1
(1) Subject to this Act, registration of a person as a teacher in force
under Part 4 of the Education Act 1972 immediately before the
commencement of this clause, will, on that commencement, continue as
registration of the person as a teacher under this Act for the balance of the
term of the registration.
(2) Subject to this Act, an authority in writing for the employment of an
unregistered person as a teacher or administrator granted by the Teachers
Registration Board and in force under Part 4 of the Education
Act 1972 immediately before the commencement of this clause, will, on
that commencement, continue as a special authority under Part 6 of this Act
for the balance of the period for which it was granted.
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
|
Reprint—1.11.1984 |
|
|
Reprint No 1—1.7.1991 |
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|
Reprint No 2—1.3.1993 |
|
|
Reprint No 3—12.7.1993 |
|
|
Reprint No 4—1.1.1994 |
|
|
Reprint No 5—5.12.1996 |
|
|
Reprint No 6—24.12.1998 |
|
|
Reprint No 7—1.6.2000 |
|
|
Reprint No 8—1.2.2001 |
|
|
Reprint No 9—31.5.2001 |
|
|
Reprint No 10—12.12.2002 |
|
|
Reprint No 11—1.1.2003 |
|
|
Reprint No 12—30.11.2003 |
|
|
31.3.2005 |
|
|
14.7.2005 |
|
|
1.4.2007 |
|
|
1.7.2008 |
|
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.