{"id":"national-wine-centre-restructuring-and-leasing-arrangements-act-2002","name":"National Wine Centre (Restructuring and Leasing Arrangements) Act 2002","slug":"national-wine-centre-restructuring-and-leasing-arrangements-act-2002","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106067,"registerId":"sa-national-wine-centre-restructuring-and-leasing-arrangements-act-2002-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"National Wine Centre (Restructuring and Leasing Arrangements) Act 2002","content":"South Australia\nNational Wine Centre (Restructuring and Leasing Arrangements) Act 2002\nAn Act to make provision for the restructuring of the National Wine Centre, the leasing of Centre land and other dealings with assets and liabilities of the Centre; and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tInterpretation\n3A\tCentre land\nPart 2—Control and management of National Wine Centre\nDivision 1—Minister to replace body corporate\n4\tMinister to replace body corporate\nDivision 2—Continuation of dedication of Centre land\n5\tContinuation of dedication of Centre land\nDivision 3—Leasing and transfer arrangements\n6\tMinister may lease Centre land\n7\tMinister may deal with other assets and liabilities\n8\tRelated provisions\nDivision 4—Staff\n9\tStaff\nDivision 5—Issue of liquor licence\n10\tSale and supply of liquor\nSchedule 2—Transitional provisions\n2\tTransitional provision—Centre land\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the National Wine Centre (Restructuring and Leasing Arrangements) Act 2002.\n3—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\nasset means—\n\t(a)\ta present, contingent or future legal or equitable estate or interest in real or personal property; or\n\t(b)\ta present, contingent or future right, power, privilege or immunity,\n(and includes a present or future cause of action in favour of the Centre);\nCentre means the National Wine Centre established under the repealed Act;\nCentre asset means—\n\t(a)\tany asset (including official insignia) vested in the Centre immediately before its dissolution under section 4;\n\t(b)\tany other asset of the Minister or of the Crown that is, by determination of the Minister, to be regarded as a Centre asset,\nbut does not include Centre land;\nCentre land—see section 3A;\nCentre liability means—\n\t(a)\tany liability of the Centre immediately before its dissolution under section 4;\n\t(b)\tany other liability of the Minister or of the Crown that is, by determination of the Minister, to be regarded as a Centre liability;\ncontracting party—see Part 2 Division 3;\nlease includes—\n\t(a)\ta sub-lease or other derivative of a lease;\n\t(b)\thire of personalty;\n\t(c)\ta licence;\nlessee—see Part 2 Division 3;\nliability means a present, contingent or future liability or obligation (including a non-pecuniary obligation and a present or future cause of action against the Centre);\nofficial insignia means all official insignia under the repealed Act;\nrepealed Act means the National Wine Centre Act 1997.\n\t(2)\tThe Minister may, by instrument in writing, determine that a Centre asset is to be regarded as personalty although annexed to land (and any such determination will have effect according to its terms and despite the provisions of any other law or instrument).\n\t(3)\tThe Minister may, by subsequent instrument in writing, vary or revoke a determination under subsection (2).\n3A—Centre land\n\t(1)\tSubject to this section, the Centre land will be the area of land shown as Allotment 100 in Lands Titles Registration Office Deposited Plan 66751.\n\t(2)\tThe Minister may, by instrument deposited in the Lands Titles Registration Office, vary the Centre land.\n\t(3)\tHowever—\n\t(a)\ta variation must not be made under subsection (2) by virtue of which any land would be added to the Centre land except in pursuance of a resolution passed by both Houses of Parliament; and\n\t(b)\ta variation must not be made under subsection (2) by virtue of which any land would be placed under the control of the Board of the Botanic Gardens and State Herbarium except with the concurrence of that board.\n\t(4)\tThe Minister must also consult with the Surveyor-General, and any lessee or other person who may be directly affected, before the Minister deposits an instrument under subsection (2).\n\t(5)\tA variation to the Centre land under this section will, by force of this section, vary any relevant dedication of the land affected by the variation.\n\t(6)\tFor the purposes of this section, the Centre land may be varied by the depositing of a new plan (with a new number) in the Lands Titles Registration Office.\nPart 2—Control and management of National Wine Centre\nDivision 1—Minister to replace body corporate\n4—Minister to replace body corporate\nThe body corporate known as the National Wine Centre established under the repealed Act is dissolved and all of its assets and liabilities are vested in the Minister.\nDivision 2—Continuation of dedication of Centre land\n5—Continuation of dedication of Centre land\n\t(1)\tThe Centre land continues to be dedicated land under the Crown Lands Act 1929 and is—\n\t(a)\tdedicated for the purposes of a wine centre established—\n\t(i)\tto develop and provide for public enjoyment and education exhibits, working models, tastings, classes and other facilities and activities relating to wine, wine production and wine appreciation; and\n\t(ii)\tto promote the qualities of the Australian wine industry and wine regions and the excellence of Australian wines; and\n\t(iii)\tto encourage people to visit the wine regions of Australia and their vineyards and wineries and generally to promote tourism associated with the wine industry; and\n\t(iv)\tto provide facilities and amenities for public use and enjoyment; and\n\t(iva)\tas a facility for tertiary education programs, and scientific or other research, relating to wine; and\n\t(v)\tto provide other services or facilities determined or approved by the Minister; and\n\t(b)\tdeclared to be under the care, control and management of the Minister.\n\t(1a)\tDespite subsection (1)(a), the Minister may declare that a part of Centre land is dedicated for purposes appropriate to the functions or purposes of Adelaide University.\n\t(2)\tSubsection (1) does not limit the ability of the Minister to enter into any lease or other arrangement with a person or body to provide for the care, control or management of the whole, or any part, of Centre land.\n\t(3)\tThis section has effect subject to the operation of section 3A.\nDivision 3—Leasing and transfer arrangements\n6—Minister may lease Centre land\n\t(1)\tThe Minister may grant a lease over any part of Centre land.\n\t(2)\tA lease may be granted to any person or body (a lessee) as the Minister thinks fit.\n\t(3)\tA lease may be granted or renewed for a term not exceeding 40 years.\n\t(4)\tA lease should contain terms under which—\n\t(a)\tthe lessee is to indemnify the Minister for any liability of the Minister to a third party arising from the lessee's use or possession of Centre land; and\n\t(b)\tthe lessee is required to have adequate insurance against risks arising from the use or possession of Centre land; and\n\t(c)\tthe lessee is required to ensure compliance with all regulatory requirements applicable to the use or possession of Centre land; and\n\t(d)\tthe lessee is not to mortgage, encumber or otherwise use the lease as security without the consent of the Minister; and\n\t(e)\tthe Minister is entitled to terminate the lease for any serious breach that remains unremedied after the Minister has given notice of the breach and allowed a reasonable opportunity for it to be remedied.\n\t(5)\tA lease may include a provision allowing the lessee to sub-lease any part of Centre land with the consent of the Minister.\n\t(6)\tA lease may include other terms that the Minister considers to be appropriate in the circumstances.\n\t(7)\tThe Minister must, after granting a lease over any part of Centre land, cause a report relating to the lease to be laid before both Houses of Parliament.\n\t(8)\tA lease that does not comply with a requirement of this section is not invalid for that reason but, when the report relating to the lease is laid before Parliament, it must identify the non-compliance and state the reasons for it.\n\t(9)\tIf a variation to the Centre land under section 3A affects any land subject to a lease under this section, the lease, and any related interest or instrument, are, by force of this section, varied to take into account the variation to the Centre land.\n7—Minister may deal with other assets and liabilities\n\t(1)\tThe Minister may by agreement with a person or body (a contracting party) do one or more of the following:\n\t(a)\ttransfer to the contracting party a Centre asset or a Centre liability;\n\t(b)\tgrant to the contracting party a lease or other right in respect of a Centre asset;\n\t(c)\tenter into any other arrangement in respect of the management of a Centre asset or the handling or disposal of a Centre liability.\n\t(2)\tWithout limiting subsection (1), an agreement under that subsection may—\n\t(a)\tdischarge an asset to which the agreement relates from any trust or other interest in favour of the Minister or the Crown;\n\t(b)\tcreate liabilities in accordance with its terms;\n\t(c)\timpose on the contracting party a liability to indemnify the Minister or the Crown against specified liabilities or liabilities of a specified class;\n\t(d)\tmake any other provision that the Minister considers to be appropriate in the circumstances.\n\t(3)\tAn agreement under subsection (1) will have effect according to its terms and despite the provisions of any other law or instrument.\n8—Related provisions\n\t(1)\tNo stamp duty is payable in respect of a lease or agreement under this Division.\n\t(2)\tNo obligation arises under the Stamp Duties Act 1923 to lodge a statement or return, or to include information in a statement or return, relating to a transaction effected by a lease or an agreement under this Division.\n\t(3)\tSubsections (1) and (2) do not extend to any lease or agreement between a lessee, or a contracting party, and a third party (not being the Minister).\n\t(4)\tAn authority required or authorised by a law of the State—\n\t(a)\tto register, record or note a lease or other instrument or transaction relating to land; or\n\t(b)\tto register, record or note transactions affecting assets or liabilities, or any instrument or document relating to such transactions,\nmust, on application under this subsection, register, record or note, in an appropriate manner, a lease or transaction entered into or effected under this Division.\n\t(5)\tNo fee is payable in respect of an application under subsection (4).\n\t(6)\tNothing done under this Division—\n\t(a)\tconstitutes a breach of, or default under, an Act or other law; or\n\t(b)\tconstitutes a breach of, or default under, a contract, agreement, understanding or undertaking; or\n\t(c)\tconstitutes a breach of a duty of confidence (whether arising by contract, in equity or by custom or in any other way); or\n\t(d)\tconstitutes a civil or criminal wrong; or\n\t(e)\tterminates 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; or\n\t(f)\treleases a surety or other obligee wholly or in part from an obligation.\nDivision 4—Staff\n9—Staff\n\t(1)\tThe Minister may make arrangements with respect to the staff of the Centre.\n\t(2)\tThe Minister may, by instrument in writing, transfer a person who was, immediately before the dissolution of the Centre under section 4, a member of the staff of the Centre to a position in the employment of another person or body.\n\t(3)\tAn instrument under subsection (2)—\n\t(a)\ttakes effect from the date of the instrument or a later date specified in the instrument; and\n\t(b)\tmay be varied or revoked by the Minister by further instrument in writing before the instrument takes effect; and\n\t(c)\thas effect by force of this Act and despite the provisions of any other law or instrument.\n\t(4)\tA transfer under this section does not—\n\t(a)\taffect the staff member's remuneration; or\n\t(b)\tinterrupt continuity of service; or\n\t(c)\tconstitute a retrenchment or a redundancy.\n\t(5)\tExcept with the staff member's consent, a transfer under this section must not involve—\n\t(a)\tany reduction in a staff member's status; or\n\t(b)\tany change in employment duties that would be unreasonable having regard to the staff member's skills, ability and experience.\n\t(6)\tHowever, a staff member's status is not reduced by—\n\t(a)\ta reduction of the scope of the business operations for which the staff member is responsible; or\n\t(b)\ta reduction in the number of persons under the staff member's supervision or management,\nif the staff member's functions in their general nature remain the same as, or similar to, the staff member's functions before the transfer.\n\t(7)\tA staff member's terms and conditions of employment are subject to variation after the transfer in the same way as before the transfer.\n\t(8)\tA person whose employment is transferred from the Centre to another person or body (the new employer) under this section is taken to have accrued as an employee of the new employer an entitlement to annual leave, sick leave and long service leave that is equivalent to the entitlements that the person had accrued, immediately before the transfer took effect, as an employee of the Centre.\n\t(9)\tA transfer under this section does not give rise to any remedy or entitlement arising from the cessation or change of employment.\n\t(10)\tFor the purposes of construing a contract applicable to a person whose employment is transferred under this section, a reference to the Centre is to be construed as a reference to the new employer.\n\t(11)\tThe Minister may, by instrument in writing, make any ancillary provision that may be necessary or expedient in view of the transfer of a person under this section.\nDivision 5—Issue of liquor licence\n10—Sale and supply of liquor\n\t(1)\tThe Minister may, by instrument in writing, require that a licence of a particular class under the Liquor Licensing Act 1997 authorising the sale and supply of liquor from the Centre land be issued by the Liquor and Gambling Commissioner to a specified lessee or contracting party, subject to such terms and conditions as may be determined by the Minister after consultation with the Commissioner.\n\t(2)\tThe licensed premises under the licence may comprise all, or a part, of the Centre land according to the determination of the Minister.\n\t(3)\tThe Liquor Licensing Act 1997 will apply in relation to the licence issued under this section once it has been issued by the Liquor and Gambling Commissioner.\nSchedule 2—Transitional provisions\n2—Transitional provision—Centre land\n\t(1)\tIn this clause—\nprescribed land means land—\n\t(a)\tthat, prior to the commencement of clause 1, was land to which section 5 of the repealed Act applied; and\n\t(b)\tthat is not land to which section 5 of this Act applies.\n\t(2)\tOn the commencement of clause 1, the prescribed land is to be taken, for the purposes of the Crown Lands Act 1929, to have been—\n\t(a)\tdedicated for the purposes of the Botanic Gardens and State Herbarium; and\n\t(b)\tdeclared to be under the care, control and management of the Board of the Botanic Gardens and State Herbarium.\nLegislative history\nNotes\n\t•\tPlease 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.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor 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.\nLegislation repealed by principal Act\nThe National Wine Centre (Restructuring and Leasing Arrangements) Act 2002 repealed the following:\nNational Wine Centre Act 1997\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n2002\n8\nNational Wine Centre (Restructuring and Leasing Arrangements) Act 2002\n1.8.2002\n21.8.2003 (Gazette 21.8.2003 p3275)\n2003\n30\nNational Wine Centre (Restructuring and Leasing Arrangements) (University of Adelaide) Amendment Act 2003\n24.7.2003\n21.8.2003 immediately after the National Wine Centre (Restructuring and Leasing Arrangements) Act 2002 came into operation (Gazette 21.8.2003 p3275)\n2005\n69\nAdelaide Park Lands Act 2005\n8.12.2005\nSch 1 (cll 15—19)—1.2.2006 (Gazette 25.1.2006 p346)\n2023\n32\nAdelaide University Act 2023\n23.11.2023\nSch 1 (cl 3)—1.1.2026 (Gazette 30.10.2025 p4240)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended under Legislation Revision and Publication Act 2002\n21.8.2003\nPt 1\n\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\n21.8.2003\ns 3\n\n\ns 3(1)\n\n\nCentre land\nsubstituted by 69/2005 Sch 1 cl 15\n1.2.2006\ns 3A\ninserted by 69/2005 Sch 1 cl 16\n1.2.2006\nPt 2\n\n\ns 5\n\n\ns 5(1)\namended by 30/2003 s 4(1)\n21.8.2003\ns 5(1a)\ninserted by 30/2003 s 4(2)\n21.8.2003\n\namended by 32/2023 Sch 1 cl 3\n1.1.2026\ns 5(3)\ninserted by 69/2005 Sch 1 cl 17\n1.2.2006\ns 6\n\n\ns 6(3)\namended by 30/2003 s 5\n21.8.2003\ns 6(9)\ninserted by 69/2005 Sch 1 cl 18\n1.2.2006\nSch 1\ndeleted by 69/2005 Sch 1 cl 19\n1.2.2006\nSch 2\n\n\ncl 1\nomitted under Legislation Revision and Publication Act 2002\n21.8.2003\nHistorical versions\nReprint No 1—21.8.2003\n\n1.2.2006\n\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act's scope has been changed by later amendments. A standalone definition and control mechanism for 'Centre land' was inserted (s 3A, substituted 2005 Sch 1 cl 15–16; commences 1.2.2006), allowing the Minister to vary the land and requiring parliamentary approval to add land. Section 5 was amended in 2003 to allow part dedication for Adelaide University (s 5(1a) inserted 2003, later amended by Adelaide University Act 2023 Sch 1 cl 3). Section 6(3) (maximum lease term) and new provisions such as s 6(9) were amended/inserted (2003; 2005), and transitional arrangements for prescribed land were set out (Sch 2 cl 2). These changes broaden the Minister's land-management and leasing powers and adjust institutional responsibilities compared with the original 1997 Act."},"complexity_factors":["Extensive ministerial discretion to determine Centre assets and to vary those determinations (s 3(2)–(3)).","Power to define and alter the geographic extent of 'Centre land', subject to parliamentary resolution for additions and consultation requirements (s 3A(1)–(4)).","Broad leasing power allowing leases up to 40 years, with flexible terms left to Ministerial judgment (s 6(1)–(6)).","Lease obligations shifting risk and cost to lessees (indemnity, insurance, regulatory compliance) creating private compliance burdens (s 6(4)).","Authority to transfer assets/liabilities and to create or discharge interests 'despite' other laws, limiting legal predictability (s 7(1)–(3)).","Stamp duty exemptions and compulsory registration without fee affecting transaction costs and administrative processes (s 8(1)–(5)).","Staff transfer regime preserving accrued leave and continuity of service but allowing post-transfer variation of terms (s 9(2)–(9)).","Ministerial power to require issue of liquor licences and to define licensed premises, intersecting with liquor regulation (s 10(1)–(3)).","Transitional and amendment history which has altered definitions and dedications over time, requiring attention to historical versions (Sch 2 cl 2; Legislative history)."],"plain_english_summary":"This Act dissolves the National Wine Centre corporation and vests its assets and liabilities in the Minister, who may define, vary and lease the Centre land, transfer or manage Centre assets and liabilities, and direct issuance of a liquor licence to a lessee. The Minister decides leases and transfers and may impose indemnities, insurance and regulatory compliance on lessees (ss 4, 3A, 6–7, 10). The Act preserves staff entitlements on transfer (s 9) and exempts certain transactions from stamp duty (s 8)."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 2002 Act was a straightforward restructuring to allow leasing. However, the 2003 amendment (incorporated into this version) specifically inserted section 5(1a) to allow parts of the land to be dedicated for University of Adelaide purposes, and the 2023 amendment (commencing 2026) updates this to 'Adelaide University' following the university merger. The 2005 amendments added land variation powers and Botanic Gardens coordination. The legislation has evolved from a simple 'lease it out' mechanism to a flexible framework accommodating long-term university tenancy and parklands management integration."},"complexity_factors":["Moderate cross-referencing to the repealed National Wine Centre Act 1997 and the Crown Lands Act 1929","Conditional logic in land variation requirements (Parliamentary resolution needed for additions, Board concurrence needed for Botanic Gardens transfers)","Nested definitions in section 3 (Centre asset excludes Centre land, which is separately defined in section 3A)","Multiple protective conditions for staff transfers (sections 9(4)-(6)) creating layered exceptions","Interaction with liquor licensing regime requiring Minister-Commissioner consultation","Transitional provisions dealing with legacy land dedications","Override clauses stating agreements have effect 'despite any other law' (sections 7(3), 9(3))"],"plain_english_summary":"**What this law does:**\n\nThis Act dismantles the old corporate structure of the National Wine Centre in Adelaide and hands control to a government Minister. It allows the Minister to lease the land and buildings to private operators (like universities or commercial tenants), transfer assets and debts, move staff to new employers, and arrange liquor licences.\n\n**Who it affects:**\n\n- **The South Australian Government** — gains direct control over a major Adelaide asset\n- **Potential lessees** — usually the University of Adelaide (which now runs the Centre), but could include other commercial operators\n- **Staff** — employees of the old corporate body get transferred to new employers with protected pay and conditions\n- **The public** — the Centre remains dedicated for wine education, tourism, and public use, though parts can be leased out\n\n**Why it matters:**\n\nThis is essentially a privatisation-by-leasing law. Instead of a government-owned corporation running the Wine Centre, the Minister can lease it to third parties while keeping ownership. The 2003 amendment specifically enabled the University of Adelaide to take over operations. The law protects staff during transfers (no pay cuts, continuous service) and streamlines the process by cutting through red tape — no stamp duty on leases, automatic registration of transactions, and special liquor licensing powers.\n\n**Key features:**\n- **Section 4** — kills off the old corporate body and vests everything in the Minister\n- **Section 6** — allows 40-year leases over the land\n- **Section 9** — protects staff entitlements when transferred to new employers\n- **Section 10** — lets the Minister effectively order a liquor licence for the lessee\n- **Section 3A** — defines the land (Allotment 100 in the city) and allows variations with Parliamentary approval"},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Scope cannot be meaningfully assessed as the legislative text was inaccessible. The title suggests a narrowly scoped, single-purpose Act dealing specifically with the National Wine Centre's restructuring and leasing arrangements, with no evidence from available information that its scope diverged from its original intent."},"complexity_factors":["Unable to retrieve actual legislative text — analysis is based on title inference only","Legislation involves intergovernmental arrangements (State and Federal) which typically add layers of complexity","Leasing and restructuring provisions can involve complex property law, contract law, and administrative law interactions","Historical context of the National Wine Centre's funding and governance disputes adds background complexity","The 2002 date suggests it may have been amended or superseded, further complicating current applicability"],"plain_english_summary":"The Act restructures governance and leasing arrangements for the National Wine Centre, clarifying who manages, occupies, and bears financial responsibility for the state- and federally-funded facility. It affects government agencies, the University of Adelaide, wine industry bodies and taxpayers by reallocating operational, tenancy and funding roles—important for future management, use and public accountability of the Centre."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/national-wine-centre-restructuring-and-leasing-arrangements-act-2002","history":"/api/acts/national-wine-centre-restructuring-and-leasing-arrangements-act-2002/history","analysis":"/api/acts/national-wine-centre-restructuring-and-leasing-arrangements-act-2002/analysis","conflicts":"/api/acts/national-wine-centre-restructuring-and-leasing-arrangements-act-2002/conflicts","importantCases":"/api/acts/national-wine-centre-restructuring-and-leasing-arrangements-act-2002/important-cases","documents":"/api/acts/national-wine-centre-restructuring-and-leasing-arrangements-act-2002/documents"}}