EMERGENCY SERVICES FUNDING ACT 1998 - SCHEDULE 2
EMERGENCY SERVICES FUNDING ACT 1998 - SCHEDULE 2
Schedule 2—Transitional provisions
4—Reimbursement by insurers to
policy holders
(1) Subject to
subclause (2), any amount that an insurer receives or recovers from a
policy holder in respect of the insurer's purported liability under Part 3 of
the Country Fires Act 1989 or Part 6 of the South Australian
Metropolitan Fire Service Act 1936 for a period occurring after 30 June
1999 must be reimbursed by the insurer to the policy holder.
(2) Subclause (1)
does not apply to an amount that is less than ten dollars.
(3) The amounts that
an insurer does not reimburse to policy holders by reason of
subclause (2) must be paid by the insurer into the Community
Emergency Services Fund.
(4) A policy holder
may recover an amount due by an insurer under this clause as a debt.
(5) In this
clause—
insurer means—
(a) in
relation to the Country Fires Act 1989 —an insurer for the purposes
of Part 3 of that Act;
(b) in
relation to the South Australian Metropolitan Fire Service Act 1936
—an insurance company for the purposes of Part 6 of that Act.
4A—Report on changes to insurance premiums
(1) The Commissioner
for Consumer Affairs must, on or before 30 September 2000, forward to the
Minister a report on the effect that the enactment of this Act has had on
insurance premiums in the State in respect of the 1999/2000 financial year
with particular reference to the extent to which savings afforded to insurers
through the enactment of this Act have been passed on to policy holders.
(2) The Minister must,
within six sitting days after receiving the report required under
subclause (1), have copies of the report laid before both Houses of
Parliament.
5—The Emergency Services Funding Transitional Advisory Committee
(1) The
Emergency Services Funding Transitional Advisory Committee is established.
(2) The Committee
consists of six members appointed by the Minister of whom three have been
nominated by the Local Government Association of South Australia.
(3) The Minister will
designate one of the members to preside at meetings of the Committee.
(4) The term of office
of members of the Committee is until the dissolution of the committee (see
subclause (15)).
(a) may
remove a member of the Committee who was not appointed on the nomination of
the Local Government Association of South Australia on any ground that the
Minister considers sufficient;
(b) must
remove a member of the Committee appointed on the nomination of the Local
Government Association of South Australia if requested to do so by the
association.
(6) The Local
Government Association of South Australia may request the Minister to remove a
member of the Committee appointed on its nomination on any ground that the
association considers sufficient.
(7) The office of a
member of the Committee becomes vacant if the member—
(a)
dies; or
(b)
resigns by written notice to the Minister; or
(c) is
removed from office by the Minister under subclause (5).
(8) On the occurrence
of a vacancy in the membership of the Committee, a person will be appointed in
accordance with this clause to the vacant office, but the validity of acts and
proceedings of the Committee is not affected by the existence of a vacancy or
vacancies in its membership.
(9) A meeting of the
Committee will be chaired by the member appointed to preside, or, in the
absence of that member, a member chosen by those present.
(10) A quorum of the
Committee consists of four members of the Committee.
(11) A decision
carried by a majority of the votes of the members present at a meeting of the
Committee is a decision of the Committee.
(12) Each member
present at a meeting of the Committee is entitled to one vote on any matter
arising for decision at that meeting and, if the votes are equal, the person
chairing the meeting is entitled to a second or casting vote.
(13) The functions of
the Committee are—
(a) to
advise the Minister, at his or her request, on questions and arrangements
relating to the transition from the previous method of funding
emergency services to the funding of those services by means of levies under
this Act; and
(b) such
other functions as are determined by the Minister or are prescribed by
regulation.
(14) A member of the
Committee is entitled to such fees and allowances as may be determined by the
Governor.
(15) The Committee is
dissolved at the expiration of 30 June 2001.
6—Crown to be taken to be owner of certain land
(1) The following
provisions apply in relation to land referred to in subclause (2) during
the period from the commencement of this Act up to and including 30 June 2001:
(a) the
Crown will be taken to be the owner of the land for the purposes of this Act;
and
(b)
section 11(1) relates to the land as though it were referred to in subsection
(2) of that section.
(2) Subclause (1)
applies to land if—
(a) the
land is under the care, control and management of a council; and
(b) the
land is—
(i)
dedicated land within the meaning of the Crown Lands
Act 1929 that has not been granted in fee simple; or
(ii)
dedicated land within the meaning of the Crown Lands
Act 1929 that has been granted in fee simple in trust for the purposes
for which the land was dedicated; or
(iii)
land comprising—
• park lands; or
• a cemetery; or
• a coastal
reserve; or
• a road
reserve; and
(c) the
land—
(i)
is not used predominantly by the council for its
operations; or
(ii)
is not subject to one or more leases or licences granted
by the council to another person for a rent or fee (except a nominal rent or
fee) the term (or the aggregate of the terms) of which exceeds six months in
any period of 12 months.
(3) In this
clause—
coastal reserve means land reserved or set apart for any purpose if any part
of the land is within 50 metres of the sea at high water;
park lands means—
(a)
public parks and park lands including the park lands in the area of the
corporation of the City of Adelaide; and
(b) all
other land declared or set apart as a park or reserve for the use and
enjoyment of the public.