{"id":"occupational-licensing-national-law-south-australia-repeal-act-2016","name":"Occupational Licensing National Law (South Australia) Repeal Act 2016","slug":"occupational-licensing-national-law-south-australia-repeal-act-2016","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106157,"registerId":"sa-occupational-licensing-national-law-south-australia-repeal-act-2016-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Occupational Licensing National Law (South Australia) Repeal Act 2016","content":"South Australia\nOccupational Licensing National Law (South Australia) Repeal Act 2016\nAn Act to repeal the Occupational Licensing National Law (South Australia) Act 2011 and to provide for related matters.\n\nContents\nPart 1—Preliminary\n1\tShort title\n2\tCommencement\n3\tInterpretation\n4\tRepeal of National Law Act of this jurisdiction\n5\tDissolution of National Licensing Authority, National Licensing Board and Advisory Committees\n6\tAbolition of National Occupational Licensing Authority Fund\n7\tFinal Licensing Authority financial statements\n8\tTransfer of certain records to NSW Treasury\n9\tRegulations\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Occupational Licensing National Law (South Australia) Repeal Act 2016.\n2—Commencement\nThis Act will come into operation, or is taken to have come into operation, on the day on which the Occupational Licensing National Law Act 2010 of Victoria is repealed.\n3—Interpretation\nIn this Act—\ndissolution date means the date on which the Occupational Licensing National Law Act 2010 of Victoria is repealed;\nLicensing Advisory Committee means an Occupational Licence Advisory Committee established under section 132 of the Occupational Licensing National Law (South Australia);\nLicensing Authority means the National Occupational Licensing Authority established by section 97 of the Occupational Licensing National Law (South Australia);\nLicensing Board means the National Occupational Licensing Board established by section 103 of the Occupational Licensing National Law (South Australia);\nOccupational Licensing National Law (South Australia) means the provisions applying in this jurisdiction, before the dissolution date, because of section 4 of the Occupational Licensing National Law (South Australia) Act 2011.\n4—Repeal of National Law Act of this jurisdiction\nThe Occupational Licensing National Law (South Australia) Act 2011 is repealed.\n5—Dissolution of National Licensing Authority, National Licensing Board and Advisory Committees\n\t(1)\tOn the dissolution date, each of the following is dissolved insofar as it is constituted under the Occupational Licensing National Law (South Australia):\n\t(a)\tthe Licensing Authority;\n\t(b)\tthe Licensing Board;\n\t(c)\ta Licensing Advisory Committee.\n\t(2)\tThe persons who were members of the Licensing Board or a Licensing Advisory Committee immediately before its dissolution cease to be members and are not entitled to any remuneration or compensation because of the loss of that office.\n\t(3)\tAny assets, rights or liabilities of the Licensing Authority, the Licensing Board or a Licensing Advisory Committee become, on its dissolution, the assets, rights and liabilities of the Crown in right of Victoria, New South Wales, Queensland, South Australia, Tasmania and Northern Territory.\n\t(4)\tAny act, matter or thing that is authorised or required to be done in relation to those assets, rights or liabilities by the Licensing Authority, the Licensing Board or a Licensing Advisory Committee is authorised or required to be done by the Secretary of the NSW Treasury.\n\t(5)\tIn this section—\nassets means any legal or equitable estate or interest (whether present or future, whether vested or contingent and whether personal or assignable) in real or personal property of any description (including money), and includes securities, choses in action and documents;\nliabilities means any liabilities, debts or obligations (whether present or future, whether vested or contingent and whether personal or assignable);\nrights means any rights, powers, privileges or immunities (whether present or future, whether vested or contingent and whether personal or assignable).\n6—Abolition of National Occupational Licensing Authority Fund\n\t(1)\tOn the dissolution date, the National Occupational Licensing Authority Fund established under section 142 of the Occupational Licensing National Law (South Australia) is abolished.\n\t(2)\tAny money or property standing to the credit of the Fund immediately before its abolition are assets of the Licensing Authority to which section 5 applies.\n7—Final Licensing Authority financial statements\n\t(1)\tThe Secretary of the NSW Treasury is to make arrangements for the preparation, auditing and publication of financial statements of the Licensing Authority in accordance with Australian Accounting Standards for the period before its dissolution for which financial statements have not been prepared, audited and published.\n\t(2)\tThe Secretary may, for that purpose, require any persons who were members of the Licensing Board before its dissolution to exercise any functions with respect to those financial statements that they would have been required to exercise if the Licensing Authority and Licensing Board had not been dissolved.\n8—Transfer of certain records to NSW Treasury\n\t(1)\tThe records of an entity dissolved by this Act are transferred by the operation of this section to the custody of the NSW Treasury.\n\t(2)\tThe State Records Act 1998 of New South Wales and the other laws of New South Wales apply to those records, and so apply as they were the records of NSW Treasury.\n\t(3)\tThe State Records Act 1997 of this State does not apply to any records within the ambit of subsection (1) or (2).\n\t(4)\tIn this section—\nrecords has the same meaning it has in the State Records Act 1998 of New South Wales.\n9—Regulations\n\t(1)\tThe Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n\t(2)\tWithout limiting subsection (1), the regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act.\n\t(3)\tAny such provision may, if the regulations so provide, take effect from the date of commencement of this Act or a later date.\n\t(4)\tTo the extent to which any such provision takes effect from a day that is earlier than the day of the relevant regulation's publication in the Gazette, the provision does not operate so as—\n\t(a)\tto affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of publication; or\n\t(b)\tto impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of publication.\nLegislative history\nNotes\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.\nPrincipal Act\nYear\nNo\nTitle\nAssent\nCommencement\n2016\n11\nOccupational Licensing National Law (South Australia) Repeal Act 2016 \n31.3.2016\n11.5.2016: s 2\n","sortOrder":0}],"analysis":{"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"},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the title alone, the Act appears to do exactly what it says — repeal South Australia's adoption of the Occupational Licensing National Law. There is no evidence from available information that the scope shifted from this original intent, though the full text was inaccessible for verification."},"complexity_factors":["Repeal Acts are inherently simpler than substantive legislation — they primarily remove existing law rather than create new frameworks","Potential transitional and savings provisions could add moderate complexity for affected licence holders","The intergovernmental (multi-state) context of the original national law adds a layer of jurisdictional complexity","Full text was unavailable, so hidden complexity cannot be ruled out","Cross-references to the original Occupational Licensing National Law and any SA-specific occupational licensing Acts would need to be understood in context"],"plain_english_summary":"This Act withdraws South Australia from the national Occupational Licensing National Law, ending SA’s participation in the unified, cross‑jurisdictional licensing scheme. Practically, licensed tradespeople and businesses in SA remain subject to state‑specific licensing rules rather than a single national licence.\n\nKey transitional and commencement details are unknown (source unavailable); check the SA Office of Parliamentary Counsel or legal advice for effects on existing licences and any savings or transitional arrangements."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"Yes. The Act removes the Occupational Licensing National Law's application in South Australia by repealing the 2011 Act and dissolving the national licensing bodies, abolishing the Authority Fund and transferring assets, liabilities and records to state governments and NSW Treasury (see ss4–8). Operational responsibility and custody shift from the national authority to state-level authorities and NSW Treasury, altering the governance and administrative scope of occupational licensing in this jurisdiction."},"complexity_factors":["Simple repeal of the prior Act (s4) — straightforward legislative removal of the enabling statute.","Dissolution of statutory bodies on a specified dissolution date (Licensing Authority, Board, Advisory Committees) (s5(1)) introduces timing dependency.","Immediate cessation of members and denial of remuneration/compensation for loss of office (s5(2)) creates potential individual impacts and contestable claims.","Transfer of assets, rights and liabilities to the Crown in right of multiple states (Victoria, NSW, Queensland, South Australia, Tasmania and Northern Territory) on dissolution (s5(3)) raises inter-jurisdictional custody and accounting questions.","Delegation of authority to the Secretary of the NSW Treasury to act in relation to transferred assets/rights/liabilities (s5(4)) centralises administrative discretion in NSW Treasury.","Abolition of the National Occupational Licensing Authority Fund and treatment of its balance as Licensing Authority assets (s6(1)–(2)) affects available monies and their subsequent control.","Requirement that NSW Treasury arrange preparation, auditing and publication of final financial statements under Australian Accounting Standards, and power to require former board members to assist (s7(1)–(2)) creates a compliance and assurance task with potential evidential burdens on ex-members.","Automatic transfer of dissolved entities’ records into NSW Treasury custody and application of NSW State Records Act (s8(1)–(2)), together with explicit exclusion of SA State Records Act for those records (s8(3)), produces a transfer of record-keeping regime and legal framework.","Regulations power for Governor to make savings/transitional provisions and permit limited retrospective effect subject to protections for persons other than the State (s9(1)–(4)) introduces delegated law‑making and transitional-rule complexity."],"plain_english_summary":"This Act repeals the Occupational Licensing National Law (South Australia) Act 2011 and dissolves the national licensing bodies that operated under it, transferring their assets, liabilities and records to the states and to the NSW Treasury. It abolishes the National Occupational Licensing Authority Fund, requires final audited financial statements (with former board members potentially required to assist), and empowers the Governor to make transitional regulations; the practical effect is to end the national licensing scheme’s operation in South Australia and shift administrative costs, decision‑making and record custody to state authorities."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This legislation serves a narrow, specific purpose: repealing a failed national scheme and winding up its South Australian legal framework. The scope remains tightly focused on dissolution, asset transfer, and administrative cleanup. There is no evidence of scope creep; the Act does exactly what its title and preamble suggest."},"complexity_factors":["Only 9 sections total, with minimal conditional logic","5 defined terms in the interpretation section (section 3), plus 3 additional definitions in section 5(5) and 1 in section 8(4)","Single cross-reference dependency: commencement and dissolution are tied to Victorian repeal legislation (creating inter-jurisdictional timing complexity)","Nested structure in section 5 with 5 subsections handling dissolution, member termination, asset transfer, delegation to NSW Treasury Secretary, and definitions","Savings provision in section 9(4) protecting individual rights from retrospective regulation effects — standard but adds conditional language","Intergovernmental coordination required: assets/liabilities transfer to Crown in right of 6 jurisdictions simultaneously"],"plain_english_summary":"This Act is South Australia's way of formally shutting down a failed national scheme to create uniform occupational licensing rules across Australian states.\n\n**What it does:**\n- **Repeals** (cancels) South Australia's version of the Occupational Licensing National Law, which was meant to create consistent licensing rules for trades and professions across state borders\n- **Dissolves** three bodies that were set up to run this national scheme: the National Occupational Licensing Authority, the National Licensing Board, and various advisory committees\n- **Abolishes** the special fund that held money for the national licensing scheme\n- **Transfers** all remaining assets, debts, and records to New South Wales Treasury (which takes over as the custodian for winding up the national scheme)\n\n**Who it affects:**\n- Former board members and committee members — they lose their positions immediately without compensation\n- The six participating states and territories (Victoria, NSW, Queensland, SA, Tasmania, NT) — they become joint owners of any leftover assets and liabilities\n- NSW Treasury — it becomes responsible for final financial statements and record-keeping\n\n**Why it matters:**\nThis is essentially the funeral legislation for an ambitious but abandoned national reform. Australia tried to create a single national system so that a plumber or electrician licensed in one state could work in another without reapplying. When the scheme collapsed, each state needed to pass repeal legislation to clean up their own statute books. This Act ensures South Australia's legal house is in order and any loose ends (money, records, legal obligations) are properly handed over to NSW for final administration."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/occupational-licensing-national-law-south-australia-repeal-act-2016","history":"/api/acts/occupational-licensing-national-law-south-australia-repeal-act-2016/history","analysis":"/api/acts/occupational-licensing-national-law-south-australia-repeal-act-2016/analysis","conflicts":"/api/acts/occupational-licensing-national-law-south-australia-repeal-act-2016/conflicts","importantCases":"/api/acts/occupational-licensing-national-law-south-australia-repeal-act-2016/important-cases","documents":"/api/acts/occupational-licensing-national-law-south-australia-repeal-act-2016/documents"}}