Sch 6Related amendments, repeals and transitional provisions

Schedule 6—Related amendments, repeals and transitional provisions 1—Amendment provisions 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 2—Amendment of long title 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: Chief Officer 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 Part 4—Repeal of Acts 10—Repeal of Acts The following Acts are repealed: (a) the Dog Fence Act 1946; (b) the Impounding Act 1920; (c) the Livestock Act 1997; (d) the Plant Health Act 2009.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 11—Preliminary 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means a day appointed by proclamation as the relevant day for the purposes of the provision in which the term is used; repealed Dog Fence Act means the Dog Fence Act 1946; repealed Impounding Act means the Impounding Act 1920; repealed Livestock Act means the Livestock Act 1997; repealed Plant Health Act means the Plant Health Act 2009; Division 2—Provisions relating to repeal of Dog Fence Act 1946 12—Membership of Dog Fence Board A member of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). 14—Rates and charges (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. 15—Proclamations 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 16—Transitional provisions (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. 18—Inspectors (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 20—Accreditation (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. 22—Inspectors (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 24—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. Legislative history Notes • Amendments of this version that are uncommenced are not incorporated into the text. • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or . Principal Act and amendments New entries appear in bold. Year No Title Assent Commencement Biosecurity Act 2025 13.2.2025 uncommenced Biodiversity Act 2025 26.6.2025 Sch 5 (cll 4 to 8)—uncommenced