South Australian Current Acts South Australian Current ActsSchedule 6—Related amendments, repeals and transitional provisions
Part 1—Preliminary
In this Schedule, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment of Fisheries Management Act 2007
Long title—delete ", the protection of aquatic habitats, aquatic mammals
and aquatic resources and the control of exotic aquatic organisms and disease
in aquatic resources" and substitute:
and the protection of aquatic habitats, aquatic mammals and aquatic resources
3—Amendment of section 78—Unauthorised activities relating to
exotic organisms or noxious species prohibited
Section 78—after subsection (3) insert:
(4) In proceedings for
an offence against this section, it is a defence if the defendant proves that
the act alleged to constitute the offence was authorised by or under the
Biosecurity Act 2025 .
4—Repeal of section 83
Section 83—delete the section
5—Repeal of section 130
Section 130—delete the section
Part 3—Amendment of Phylloxera and Grape Industry Act 1995
6—Amendment of section 3—Interpretation
Section 3, definition of Chief Inspector —delete the definition and
substitute:
Chief Officer means the Chief Plant Protection Officer under the
Biosecurity Act 2025 ;
7—Amendment of section 5—Constitution of Board
Section 5(1)(a)—delete paragraph (a) and substitute:
(a) the
Chief Officer; and
8—Amendment of section 14—Action to be taken on outbreak of
disease
Section 14—delete "Chief Inspector" and substitute:
9—Substitution of section 27
Section 27—delete the section and substitute:
27—Member of Board is an authorised officer
A member of the Board will be taken to have been appointed as an authorised
officer under the Biosecurity Act 2025 .
Part 4—Repeal of Acts
The following Acts are repealed:
(a) the
Dog Fence Act 1946 ;
(b) the
Impounding Act 1920 ;
(c) the
Livestock Act 1997 ;
(d) the
Plant Health Act 2009 .
Part 5—Transitional provisions
Division 1—Specific transitional provisions
In this Part—
relevant day means a day appointed by proclamation as the relevant day for the
purposes of the provision in which the term is used;
repealed Dog Fence Act means the Dog Fence Act 1946 ;
repealed Impounding Act means the Impounding Act 1920 ;
repealed Livestock Act means the Livestock Act 1997 ;
repealed Plant Health Act means the Plant Health Act 2009 ;
Division 2—Provisions relating to repeal of Dog Fence Act 1946
12—Membership of Dog Fence Board
A member of The Dog Fence Board holding office immediately before the
commencement of this clause will continue to hold office for the balance of
the member's term of office under the repealed Dog Fence Act (subject to
Schedule 2 Part 2).
13—Local dog fence boards
(1) A local
dog fence board in existence immediately before the commencement of this
clause continues as if it were established under Schedule 2 Part 5.
(2) A member of a
local dog fence board holding office immediately before the commencement of
this clause will continue to hold office for the balance of the member's term
of office under the repealed Dog Fence Act (subject to Schedule 2
Part 5).
(1) Any—
(a) rate
or special rate; or
(b)
contribution from a participating council; or
(c)
charge,
declared or levied under the Dog Fence Act 1946 before the commencement
of this clause will continue to apply, or to be able to be imposed or
enforced, under that Act as if the Act had not been repealed.
(2) Any other amount
payable under the Dog Fence Act 1946 immediately before the commencement
of this clause will continue to be payable and recoverable under that Act as
if the Act had not been repealed.
(3) The
Dog Fence Board must, in connection with the first rate to be imposed under
Schedule 2 clause 22—
(a)
consult with Livestock SA Incorporated and obtain the approval of the Minister
before it determines the rate; and
(b)
declare the rate by notice published in the Gazette.
The Minister may, by notice in the Gazette, vary or revoke a proclamation made
under the repealed Dog Fence Act.
Division 3—Provisions relating to repeal of
Impounding Act 1920
(1) If any animal is
being held in a pound under the Impounding Act 1920 immediately before
the commencement of this clause, the repealed Impounding Act will continue to
apply in relation to that animal as if the Act had not been repealed until it
ceases to be impounded, managed or disposed of under the provisions of that
Act.
(2) Any charge or
right of recovery under the repealed Impounding Act will continue to be able
to be imposed, exercised or enforced under the repealed Impounding Act in
relation to any animal impounded before the commencement of this clause as if
the Act had not been repealed.
Division 4—Provisions relating to repeal of Livestock Act 1997
17—Registrations under repealed Livestock Act
(1) A registration in
force under the Livestock Act 1997 immediately before the commencement
of this clause will be taken to be a biosecurity registration under this Act
held by the person to whom the registration under the repealed Act was issued
and authorising the activities authorised by the licence under the
repealed Act.
(2) The
biosecurity registration under this Act is subject to the same conditions as
the registration under the repealed Livestock Act and will expire on the date
on which the registration under the repealed Livestock Act would have expired.
(3) If the same person
holds more than 1 registration, the registrations may, at the
relevant Chief Officer's discretion on renewal under this Act, be consolidated
into 1 registration.
(1) On the relevant
day, a person holding office as an inspector under the repealed Livestock Act
will be taken to have been appointed as an authorised officer under this Act.
(2) An identity card
held by an inspector under or for the purposes of the repealed Livestock Act
immediately before the relevant day will be taken to be an identity card
furnished by the regulator under section 27 of this Act.
19—Functions and powers of authorised officers
(1) An authorised
officer may, on or after the relevant day, perform a function or exercise a
power under this Act in relation to anything arising under or relevant to the
repealed Livestock Act before the relevant day (and this Act will apply in
relation to the performance or exercise of such a function or power as if a
reference to this Act included a reference to the repealed Livestock Act ).
(2) Without limiting
subclause (1)—
(a) a
reference in this Act to a contravention of this Act will be taken to include
a reference to a contravention of the repealed Livestock Act; and
(b) a
reference in this Act to an offence against this Act will be taken to include
a reference to an offence against the repealed Livestock Act .
(3) Any action taken
or information acquired under this Act (including on account of the operation
of this clause) may be used for the purposes of the repealed Livestock Act
(insofar as it may be relevant to an act, omission or circumstance occurring
before the relevant day).
(4) Nothing in this
clause affects or limits any action that may be taken under or with respect to
the repealed Livestock Act by virtue of the operation of any other Act or law.
Division 5—Provisions relating to repeal of Plant Health
Act 2007
(1) The Minister may
establish a scheme for the recognition of an accreditation of person under
Part 4 Division 2 of the Plant Health Act 2007 as an accreditation under
this Act.
(2) A scheme under
subclause (1) has effect according to its terms.
21—Registration of importers
A registration as an importer under Part 4 Division 3 of the Plant Health Act
2007 immediately before the commencement of this clause will be taken to be a
registration issued by the relevant Chief Officer under Part 5 of this
Act.
(1) On the relevant
day, a person holding office as an inspector under the repealed Plant Health
Act will be taken to have been appointed as an authorised officer under this
Act.
(2) An identity card
held by an inspector under or for the purposes of the repealed Plant Health
Act immediately before the relevant day will be taken to be an identity card
furnished by the regulator under section 27 of this Act.
23—Functions and powers of authorised officers
(1) An authorised
officer may, on or after the relevant day, perform a function or exercise a
power under this Act in relation to anything arising under or relevant to the
repealed Plant Health Act before the relevant day (and this Act will apply in
relation to the performance or exercise of such a function or power as if a
reference to this Act included a reference to the repealed Plant Health Act).
(2) Without limiting
subclause (1)—
(a) a
reference in this Act to a contravention of this Act will be taken to include
a reference to a contravention of the repealed Plant Health Act; and
(b) a
reference in this Act to an offence against this Act will be taken to include
a reference to an offence against the repealed Plant Health Act.
(3) Any action taken
or information acquired under this Act (including on account of the operation
of this clause) may be used for the purposes of the repealed Plant Health Act
(insofar as it may be relevant to an act, omission or circumstance occurring
before the relevant day).
(4) Nothing in this
clause affects or limits any action that may be taken under or with respect to
the repealed Plant Health Act by virtue of the operation of any other Act or
law.
Division 6—Other provisions
(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.