7AAny matter relevant to the establishment or operations of industry brigades.

7A Any matter relevant to the establishment or operations of industry brigades. 8 Any matter relevant to the operation, maintenance or inspection of equipment by a body within the emergency services sector, the members of such a body, or councils. 9 Regulate the design, construction, maintenance and use of fire alarms and other equipment or facilities associated with dealing with any fire or other emergency. 10 The prescription of any form for the purposes of this Act. 11 The procedures associated with any process under this Act, including the service of any notice or other document. 12 The design or use of any uniform, badge or insignia. 13 The holding of coronial inquests at the request of the Commission or an emergency services organisation in prescribed cases. 14 Fixing expiation fees, not exceeding $500, for alleged offences against the Act or regulations. 15 Evidence in proceedings for an offence against the regulations. 16 The imposition of penalties, not exceeding $10 000, for a contravention of, or failure to comply with, a regulation. 17 The making of provisions of a saving or transitional nature consequent on the amendment of this Act by any other Act. Schedule 6—Transitional provisions Part 11—Transitional provisions 14—Special provisions relating to the repeal of the Country Fires Act 1989 relevant Act means the Country Fires Act 1989. (2) Any real or personal property of the Country Fire Service Board become, on the commencement of this clause, property of SACFS. (3) Any rights or liabilities of the Country Fire Service Board (whether vested or contingent) become, on the commencement of this clause, rights and liabilities of SACFS. (4) A decision or determination of the Country Fire Service Board that has any force or effect immediately before the commencement of this clause will be taken to be a decision or determination of the Chief Officer of SACFS. (5) The person holding the office of Chief Officer of the Country Fire Service immediately before the commencement of this clause continues as the Chief Officer of SACFS under this Act with the same conditions of employment (and, if relevant, for the balance of his or her term of appointment). (6) All C.F.S. organisations under the relevant Act become, on the commencement of this clause, SACFS organisations under this Act without affecting any office or position held in that organisation. (7) All C.F.S. regions under the relevant Act become, on the commencement of this clause, SACFS regions under this Act. (8) All money standing to the credit of the Country Fire Service Fund will, after the commencement of this clause, be managed by SACFS. (9) All committees under Part 4 of the relevant Act become, on the commencement of this clause, committees established under this Act (and all members will be members of the relevant committees under this Act). (10) A person holding an appointment as a fire prevention officer, authorised officer or fire control officer under the relevant Act will become, on the commencement of this clause, a person holding the corresponding appointment under this Act. (11) Any permit or other authorisation in force under the relevant Act immediately before the commencement of this Act will continue to have force and effect as if it were a permit or authorisation issued under the corresponding provision of this Act. 15—Specific provisions relating to the repeal of the South Australian Metropolitan Fire Service Act 1936 relevant Act means the South Australian Metropolitan Fire Service Act 1936. (2) The person holding the office of Chief Officer of the South Australian Metropolitan Fire Service immediately before the commencement of this clause continues as the Chief Officer of SAMFS under this Act with the same conditions of employment (and, if relevant, for the balance of his or her term of appointment). (3) All fire brigades under the relevant Act become, on the commencement of this clause, fire brigades under this Act without affecting any office or position held in that fire brigade. (4) All fire districts under the relevant Act become, on the commencement of this clause, SAMFS fire districts under this Act. (5) A person holding an appointment as an authorised officer under the relevant Act will become, on the commencement of this clause, a person holding the corresponding appointment under this Act. (6) A panel established under Schedule 1 of the relevant Act will become, on the commencement of this clause, the corresponding panel under Schedule 1 of this Act. 16—Specific provisions relating to the repeal of the State Emergency Service Act 1987 relevant Act means the State Emergency Service Act 1987. (2) The person holding the office of Director of State Emergency Service South Australia immediately before the commencement of this clause continues as the Chief Officer of SASES under this Act with the same conditions of employment (and, if relevant, for the balance of his or her term of appointment). (3) All S.E.S. units under the relevant Act become, on the commencement of this clause, SASES units under this Act without affecting any office or position held in the unit. 17—Staff (1) The Minister may, by notice in the Gazette, transfer a person who is employed in the Emergency Services Administrative Unit immediately before the commencement of this subclause to— (a) the staff of the Commission; or (b) the staff of an emergency services organisation, (so that the person will then be an employee of the Commission or organisation (as the case may be)). (2) A person transferred under subclause (1) will have rights, obligations and liabilities in respect of his or her employment with the Commission or organisation that are the same as or equivalent to those that would have applied had the person remained as an employee within the Public Service. (3) Subclause (2) applies to a person subject to any industrial or enterprise award, determination or agreement that may become binding on the Commission or the organisation (as the case may be). (4) The Minister must consult with— (a) the Commissioner for Public Employment; and (b) any registered association that represents the interests of any person who is being transferred, before acting under subclause (1). (5) The Minister may, by notice in the Gazette, transfer a person who is employed in the South Australian Metropolitan Fire Service, the Country Fire Service or the State Emergency Service immediately before the commencement of this subclause to— (a) the staff of the Commission; or (b) the staff of another emergency services organisation, (so that the person will then be an employee of the Commission or the other organisation (as the case may be)). (6) The Minister must consult with— (a) the Commissioner for Public Employment; and (b) any registered association that represents the interests of any person who is being transferred, before acting under subclause (5) and the conditions of employment that will apply to a person on his or her transfer under that subclause will be determined by the Commissioner for Public Employment. (7) Despite a preceding subclause, a person transferred under this clause will be taken to have continuity of employment without any termination of service and any transfer will not affect any accrued or accruing right to leave. 18—Presiding member of Commission (1) Despite section 11(1)(a) of this Act, the person first appointed to be the presiding member of the Board of the South Australian Fire and Emergency Services Commission need not hold the position of Chief Executive of the Commission. (2) The following provisions will apply if a person is appointed pursuant to subclause (1): (a) the person will be appointed on conditions determined by the Governor and for a term specified in the instrument of appointment; (b) the person will be taken to be an ex officio member of the Board for the purposes of the other provisions of this Act. 19—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. (4) The Acts Interpretation Act 1915 will, except to the extent of any inconsistency with the provisions of this Schedule, apply to any amendment or repeal effected by this Schedule. Legislative history Notes • This version is comprised of the following: 1.1.2024 Schedules • Amendments of this version that are uncommenced are not incorporated into the text. • Please 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. • Earlier versions of this Act (historical versions) are listed at the end of the legislative history. • For 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. Legislation repealed by principal Act The Fire and Emergency Services Act 2005 repealed the following: Country Fires Act 1989 South Australian Metropolitan Fire Service Act 1936 State Emergency Service Act 1987 Legislation amended by principal Act The Fire and Emergency Services Act 2005 amended the following: Development Act 1993 Electricity Act 1996 Emergency Services Funding Act 1998 Essential Services Act 1981 Gas Act 1997 Local Government Act 1999 Private Parking Areas Act 1986 Summary Offences Act 1953 Principal Act and amendments New entries appear in bold. Year No Title Assent Commencement Fire and Emergency Services Act 2005 14.7.2005 1.10.2005 (Gazette 29.9.2005 p3547) Statutes Amendment (Public Sector Employment) Act 2006 Pt 12 (ss 46—58)—1.4.2007 (Gazette 29.3.2007 p930) Statutes Amendment (Domestic Partners) Act 2006 Pt 35 (s 103)—1.6.2007 (Gazette 26.4.2007 p1352) Statutes Amendment (Justice Portfolio) Act 2006 Pt 14 (ss 22—25)—18.1.2007 (Gazette 18.1.2007 p234) Statute Law Revision Act 2008 Statutes Amendment (Public Health Incidents and Emergencies) Act 2009 Pt 5 (ss 14—21)—25.6.2009 Fire and Emergency Services (Review) Amendment Act 2009 1.10.2009 1.11.2009 (Gazette 29.10.2009 p4983) Statutes Amendment (Public Sector Consequential Amendments) Act 2009 10.12.2009 Pt 63 (ss 141—158)—1.2.2010 (Gazette 28.1.2010 p320) South Australian Public Health Act 2011 16.6.2011 Sch 1 (cl 7)—16.9.2012 (Gazette 30.8.2012 p3945) Statutes Amendment (Directors' Liability) Act 2013 23.5.2013 Pt 19 (ss 38 & 39)—17.6.2013 (Gazette 6.6.2013 p2498) Statutes Amendment (Boards and Committees—Abolition and Reform) Act 2015 18.6.2015 Pt 13 (ss 73 & 74)—1.7.2015 (Gazette 25.6.2015 p3076) Statutes Amendment (South Australian Employment Tribunal) Act 2016 8.12.2016 Pt 10 (ss 101—107)—1.7.2017 (Gazette 16.5.2017 p1221) Statutes Amendment (Planning, Development and Infrastructure) Act 2017 28.2.2017 Pt 11 (s 43)—19.3.2021 (Gazette 4.3.2021 p823); ss 41 & 42—uncommenced—will not be brought into operation Fire and Emergency Services (Volunteer Charters) Amendment Act 2019 Statutes Amendment and Repeal (Simplify) Act 2019 Pt 17 (ss 31 & 32)—3.10.2019: s 2(1) Landscape South Australia Act 2019 21.11.2019 Sch 5 (cll 19 to 22)—1.7.2020 (Gazette 25.6.2020 p3502) Fire and Emergency Services (Miscellaneous) Amendment Act 2020 7.5.2020 15.2.2021 (Gazette 11.2.2021 p345) Fire and Emergency Services (Governance) Amendment Act 2021 20.5.2021 2.8.2021 (Gazette 29.7.2021 p2915) Public Holidays Act 2023 7.12.2023 Sch 1 (cl 9)—1.1.2024: s 2 Biodiversity Act 2025 26.6.2025 Sch 5 (cll 21 to 24)—uncommenced Provisions amended New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement Pt 1 Long title amended under Legislation Revision and Publication Act 2002 amended by 44/2009 s 4 s 2 omitted under Legislation Revision and Publication Act 2002 s 3 s 3(1) appointed member amended by 15/2021 s 4 award amended by 63/2016 s 101(1) business day inserted by 8/2020 s 4(1) deleted by 39/2023 Sch 1 cl 9 1.1.2024 department amended by 84/2009 s 141(1), (2) designated urban bushfire risk area inserted by 44/2009 s 5(1) District Court deleted by 44/2009 s 5(2) domestic partner inserted by 43/2006 s 103(1) emergency amended by 29/2009 s 14 fire prevention officer substituted by 44/2009 s 5(3) Industrial Relations Commission inserted by 44/2006 s 22 deleted by 63/2016 s 101(2) industry brigade inserted by 8/2020 s 4(2) land inserted by 44/2009 s 5(4) officer amended by 44/2009 s 5(5) public sector agency amended by 84/2009 s 141(3) relative amended by 9/2008 s 2 (Sch 1) SACFS brigade inserted by 8/2020 s 4(3) SAET inserted by 63/2017 s 101(3) spouse substituted by 43/2006 s 103(2) s 3(1a) and (1b) inserted by 8/2020 s 4(4) s 3(3) amended by 44/2009 s 5(6) s 3(4) amended by 43/2006 s 103(3)—(5) s 4A inserted by 44/2009 s 6 Pt 2 Pt 2 Div 2 s 8 s 8(1) amended by 44/2009 s 7 amended by 15/2021 s 5 Pt 2 Div 3 s 10 s 10(1) amended by 44/2009 s 8(1) s 10(1a) inserted by 44/2009 s 8(2) s 10(2) amended by 44/2009 s 8(3) s 11 s 11(1) amended by 44/2009 s 9(1)—(3) amended by 15/2021 s 6 s 14 s 14(1) amended by 15/2021 s 7 s 14(2) substituted by 44/2009 s 10(1) s 14(3) amended by 44/2009 s 10(2) s 14(4) deleted by 44/2009 s 10(3) s 14(6) amended by 44/2009 s 10(4) s 15 deleted by 44/2009 s 11 s 15 inserted by 84/2009 s 142 Pt 2 Div 4 s 16 s 16(3) amended by 44/2009 s 12(1), (2) s 17 s 17(1) s 17 amended and redesignated as s 17(1) by 41/2006 s 46(1)—(3) amended by 84/2009 s 143 s 17(2) inserted by 41/2006 s 46(3) s 17A inserted by 44/2009 s 13 Pt 2 Div 5 substituted by 44/2009 s 14 Pt 2 Div 7 s 22 s 22(1) amended by 84/2009 s 144(1) s 22(2) amended by 84/2009 s 144(2) Pt 3 s 26 s 26(3) amended by 8/2020 s 5 s 27 s 27(3) amended by 84/2009 s 145 s 28 s 28(1) amended by 41/2006 s 47 s 28(2) amended by 84/2009 s 146 s 29 s 29(2) amended by 44/2006 s 23(1)—(3) amended by 63/2016 s 102(1), (2) s 29(5) amended by 41/2006 s 48 s 30 s 30(1) amended by 41/2006 s 49 s 31 s 31(4) inserted by 41/2006 s 50 s 37 s 37(4) amended by 8/2020 s 6(1) s 37(5) amended by 8/2020 s 6(2), (3) s 38 s 38(1) amended by 8/2020 s 7(1), (2) s 38(2) substituted by 8/2020 s 7(3) s 38(2a) inserted by 8/2020 s 7(3) s 38(4) amended by 8/2020 s 7(4) s 38(5) substituted by 8/2020 s 7(5) s 38(6) amended by 8/2020 s 7(6) s 38(7) amended by 8/2020 s 7(7) s 38(8) amended by 8/2020 s 7(8) s 42 s 42(2) amended by 29/2009 s 15(1)—(3) s 42(4a) and (4b) inserted by 44/2009 s 15(1) s 42(5) amended by 8/2020 s 8(1) s 42(5a) inserted by 8/2020 s 8(2) s 42(6a) inserted by 44/2009 s 15(2) s 44 amended by 29/2009 s 16 s 48 s 48(2) amended by 44/2009 s 16 amended by 63/2016 s 103 s 49 before substitution by 63/2016 s 49(1) amended by 44/2009 s 17 s 49 substituted by 63/2016 s 104 s 50 before deletion by 63/2016 s 50(1) amended by 44/2009 s 18(1) s 50(2) amended by 44/2009 s 18(2) s 51 amended by 44/2009 s 19 s 50 deleted by 63/2016 s 104 s 51 amended by 63/2016 s 105 s 53 s 53(1) amended by 84/2009 s 147(1) s 53(2) amended by 84/2009 s 147(2) s 56 deleted by 44/2009 s 20 Pt 4 Pt 4 Div 1 s 58A inserted by 20/2019 s 3 Pt 4 Div 2 s 59 s 59(3) amended by 8/2020 s 9 Pt 4 Div 3 s 60 s 60(3) amended by 84/2009 s 148 s 61 s 61(1) amended by 41/2006 s 51 s 61(2) amended by 84/2009 s 149 s 62 s 62(1) amended by 41/2006 s 52 s 63 s 63(1) amended by 41/2006 s 53 s 64 s 64(4) inserted by 41/2006 s 54 Pt 4 Div 5 s 68 s 68(1) amended by 8/2020 s 10 s 68(2) amended by 44/2009 s 21(1) s 68(8) substituted by 44/2009 s 21(2) s 68(9)—(14) deleted by 44/2009 s 21(2) s 69 s 69(1) amended by 44/2009 s 22 Pt 4 Div 5A inserted by 8/2020 s 11 Pt 4 Div 6 s 70 s 70(3) amended by 8/2020 s 12(1) s 70(7a) inserted by 8/2020 s 12(2) Pt 4 Div 6A inserted by 8/2020 s 13 Pt 4 Div 7 substituted by 44/2009 s 23 s 71 s 71(2) amended by 8/2015 s 73(1), (3) (b)(xvi) deleted by 8/2015 s 73(2) amended by 33/2019 Sch 5 cl 19 amended by 8/2020 s 14(1) amended by 5/2017 s 43 19.3.2021 s 71(9) amended by 8/2020 s 14(2) s 71B s 71B(1) amended by 84/2009 s 150 s 71E amended by 84/2009 s 151 s 71E(1) s 71E amended and redesignated as s 71E(1) by 15/2021 s 8(1), (2) s 71E(2) inserted by 15/2021 s 8(2) s 72 s 72(2) amended by 33/2019 Sch 5 cl 20 s 72C s 72C(1) amended by 84/2009 s 152 Pt 4 Div 7A inserted by 44/2009 s 23 s 73 s 73(7) amended by 84/2009 s 153 amended by 8/2015 s 74(1), (2) amended by 33/2019 Sch 5 cl 21 s 73A s 73A(7) amended by 84/2009 s 154 amended by 33/2019 Sch 5 cl 22 Pt 4 Div 8 Pt 4 Div 8 Subdiv 1 s 78 s 78(2) amended by 44/2009 s 24 s 78(3) substituted by 25/2019 s 31 s 79 s 79(1) amended by 44/2009 s 25(1) s 79(2) substituted by 44/2009 s 25(2) s 79(3) and (4) deleted by 44/2009 s 25(2) s 79(5) amended by 44/2009 s 25(3) Pt 4 Div 8 Subdiv 2 s 80 s 80(2) amended by 8/2020 s 15(1) s 80(3) amended by 8/2020 s 15(2) s 80(5) substituted by 8/2020 s 15(3) s 80(6) amended by 8/2020 s 15(4) Pt 4 Div 8 Subdiv 3 s 81 s 81(2) substituted by 44/2009 s 26(1) s 81(10) substituted by 44/2009 s 26(2) s 81(11) and (12) deleted by 44/2009 s 26(2) s 81(13a) and (13b) inserted by 8/2020 s 16 Pt 4 Div 8 Subdiv 4 s 82 s 82(2) amended by 8/2020 s 17(1)—(3) Pt 4 Div 8 Subdiv 5 deleted by 44/2009 s 27 Pt 4 Div 8 Subdiv 6 s 86 s 86(4) amended by 16/2013 s 38 s 88 deleted by 44/2009 s 28 s 89 amended by 44/2009 s 29 s 90 deleted by 44/2009 s 30 s 91 s 91(2) designated Act inserted by 44/2009 s 31(1) government officer amended by 44/2009 s 31(2) Pt 4 Div 7 Subdiv 7 s 92 deleted by 44/2009 s 32 s 94 s 94(4) amended by 8/2020 s 18 s 95A inserted by 44/2009 s 33 Pt 4 Div 9 s 97 s 97(2) amended by 29/2009 s 17(1)—(3) s 97(8) and (9) deleted by 8/2020 s 19(1) s 97(10) amended by 8/2020 s 19(2) s 99 amended by 29/2009 s 18 Pt 4 Div 10 s 101 s 101(1) amended by 84/2009 s 155(1) s 101(2) amended by 44/2009 s 34 amended by 84/2009 s 155(2) (ab) deleted by 15/2021 s 9 Pt 4A inserted by 44/2009 s 35 s 105F s 105F(9) amended by 25/2019 s 32 s 105IA inserted by 8/2020 s 20 Pt 5 Div 1 s 107A inserted by 20/2019 s 4 Pt 5 Div 2 s 108 s 108(1) amended by 29/2009 s 19 amended by 21/2011 Sch 1 cl 7 16.9.2012 s 108(3) amended by 8/2020 s 21 Pt 5 Div 3 s 109 s 109(3) amended by 84/2009 s 156 s 110 s 110(1) amended by 41/2006 s 55 s 110(2) amended by 84/2009 s 157 s 111 s 111(1) amended by 41/2006 s 56 s 112 s 112(1) amended by 41/2006 s 57 s 113 s 113(4) inserted by 41/2006 s 58 Pt 5 Div 4 s 116 s 116(4) amended by 44/2009 s 36(1) deleted by 8/2020 s 22(1) s 116(5) deleted by 8/2020 s 22(1) s 116(6) amended by 8/2020 s 22(2) s 116(7) amended by 8/2020 s 22(3) s 116(9) substituted by 44/2009 s 36(2) s 116(10)—(15) deleted by 44/2009 s 36(2) Pt 5 Div 4A inserted by 8/2020 s 23 Pt 5 Div 5 s 118 s 118(2) amended by 29/2009 s 20(1)—(3) s 118(4a)—(4c) inserted by 8/2020 s 24 s 119 amended by 29/2009 s 21 Pt 5 Div 6 s 121 s 121(1) amended by 84/2009 s 158(1) s 121(2) amended by 84/2009 s 158(2) Pt 6 s 127 s 127(4) amended by 44/2009 s 37 s 127A inserted by 8/2020 s 25 s 138 substituted by 16/2013 s 39 s 142 s 142(1) amended by 8/2020 s 26(1) s 142(5) amended by 8/2020 s 26(2) s 142(9) authorised officer amended by 8/2020 s 26(3) relevant entity amended by 8/2020 s 26(4) s 143 s 143(2) amended by 8/2020 s 27(1) s 143(4) inserted by 8/2020 s 27(2) s 148 s 148(5) and (6) inserted by 44/2009 s 38 s 149 s 149(1) substituted by 44/2009 s 39(1) s 149(1a) inserted by 44/2009 s 39(1) s 149(3) substituted by 44/2009 s 39(2) s 149(4) deleted by 44/2009 s 39(2) Sch 1 before substitution by 63/2016 cl 1 amended by 44/2006 s 24(1) amended by 44/2009 s 40(1) cl 4 amended by 44/2006 s 24(2), (3) amended by 44/2009 s 40(2) cl 5 amended by 44/2006 s 24(4) cl 6 amended by 44/2006 s 24(5) amended by 44/2009 s 40(3) Sch 1 substituted by 63/2016 s 106 Sch 3 deleted by 44/2009 s 41 Sch 4 deleted by 44/2009 s 42 Sch 5 cl 7 amended by 44/2009 s 43(1) cl 7A inserted by 8/2020 s 28 cl 14 amended by 44/2009 s 43(2) cl 16 amended by 44/2009 s 43(3) cl 17 inserted by 44/2009 s 43(4) Sch 6 Pts 1—10 omitted under Legislation Revision and Publication Act 2002 Transitional etc provisions associated with Act or amendments Statutes Amendment (Justice Portfolio) Act 2006 25—Transitional provision An amendment made by this Act to the Fire and Emergency Services Act 2005 applies only in relation to proceedings commenced after the commencement of this section. Statutes Amendment (Public Sector Employment) Act 2006, Sch 1—Transitional provisions Note— Also see Statutes Amendment (Public Sector Employment) (Transitional Provisions) Regulations 2007. 1—Interpretation In this Part, unless the contrary intention appears— Commonwealth Act means the Workplace Relations Act 1996 of the Commonwealth; employing authority means— (a) subject to paragraph (b)—the person who is the employing authority under a relevant Act; (b) in a case that relates to employment under the Fire and Emergency Services Act 2005—the Chief Executive of the South Australian Fire and Emergency Services Commission, or the Chief Officer of an emergency services organisation under that Act, as the case requires; Industrial Commission means the Industrial Relations Commission of South Australia; prescribed body means— (a) the Aboriginal Lands Trust; (b) the Adelaide Cemeteries Authority; (c) the Adelaide Festival Centre Trust; (d) the Adelaide Festival Corporation; (e) SA Ambulance Service Inc; (f) the Minister to whom the administration of the Children's Services Act 1985 is committed; (g) the Minister to whom the administration of the Education Act 1972 is committed; (h) the Electricity Supply Industry Planning Council; (i) a body constituted under the Fire and Emergency Services Act 2005; (j) the History Trust of South Australia; (k) the Institute of Medical and Veterinary Science; (l) a regional NRM board constituted under the Natural Resources Management Act 2004; (m) the Senior Secondary Assessment Board of South Australia; (n) the South Australian Country Arts Trust; (o) the South Australian Film Corporation; (p) the South Australian Health Commission; (q) an incorporated hospital under the South Australian Health Commission Act 1976; (r) an incorporated health centre under the South Australian Health Commission Act 1976; (s) the South Australian Motor Sport Board; (t) the South Australian Tourism Commission; (u) The State Opera of South Australia; (v) the State Theatre Company of South Australia; (w) the Minister to whom the administration of the Technical and Further Education Act 1975 is committed; relevant Act means— (a) in a case that relates to employment with a prescribed body established under an Act being amended by this Act—that Act; (b) in a case that relates to employment with a prescribed body who is a Minister to whom the administration of an Act being amended by this Act is committed—that Act; (c) in a case that relates to employment with a body constituted under the Fire and Emergency Services Act 2005—that Act. 2—Transfer of employment (1) Subject to this clause, a person who, immediately before the commencement of this clause, was employed by a prescribed body under a relevant Act will, on that commencement, be taken to be employed by the employing authority under that Act (as amended by this Act). (2) The following persons will, on the commencement of this clause, be taken to be employed as follows: (a) a person who, immediately before the commencement of this clause, was employed under section 6L(1) of the Electricity Act 1996 will, on that commencement, be taken to be employed by the employing authority under that Act (as amended by this Act); (b) a person who, immediately before the commencement of this clause, was employed by the South Australian Fire and Emergency Services Commission will, on that commencement, be taken to be employed by the Chief Executive of that body; (c) a person who, immediately before the commencement of this clause, was employed by an emergency services organisation under the Fire and Emergency Services Act 2005 will, on that commencement, be taken to be employed by the Chief Officer of that body; (d) a person who, immediately before the commencement of this clause, was employed by an incorporated hospital or an incorporated health centre under the South Australian Health Commission Act 1976 will, on that commencement, be taken to be employed by an employing authority under that Act (as amended by this Act) designated by the Governor by proclamation made for the purposes of this paragraph. (3) Subject to this clause, the Governor may, by proclamation, provide that a person employed by a subsidiary of a public corporation under the Public Corporations Act 1993 will be taken to be employed by a person or body designated by the Governor (and the arrangement so envisaged by the proclamation will then have effect in accordance with its terms). (4) Subject to subclause (5), an employment arrangement effected by subclause (1), (2) or (3)— (a) will be taken to provide for continuity of employment without termination of the relevant employee's service; and (b) will not affect— (i) existing conditions of employment or existing or accrued rights to leave; or (ii) a process commenced for variation of those conditions or rights. (5) If, immediately before the commencement of this clause, a person's employment within the ambit of subclause (1), (2) or (3) was subject to the operation of an award or certified agreement (but not an Australian Workplace Agreement) under the Commonwealth Act, then, on that commencement, an award or enterprise agreement (as the case requires) will be taken to be created under the Fair Work Act 1994— (a) with the same terms and provisions as the relevant industrial instrument under the Commonwealth Act; and (b) with any terms or provisions that existed under an award or enterprise agreement under the Fair Work Act 1994, that applied in relation to employment of the kind engaged in by the person, immediately before 27 March 2006, and that ceased to apply by virtue of the operation of provisions of the Commonwealth Act that came into force on that day, subject to any modification or exclusion prescribed by regulations made for the purposes of this subclause and subject to the operation of subclause (6). (6) Where an award or enterprise agreement is created by virtue of the operation of subclause (5)— (a) the award or enterprise agreement will be taken to be made or approved (as the case requires) under the Fair Work Act 1994 on the day on which this clause commences; and (b) the Fair Work Act 1994 will apply in relation to the award or enterprise agreement subject to such modifications or exclusions as may be prescribed by regulations made for the purposes of this subclause; and (c) the Industrial Commission may, on application by the Minister to whom the administration of the Fair Work Act 1994 is committed, or an application by a person or body recognised by regulations made for the purposes of this subclause, vary or revoke any term or provision of the award or enterprise agreement if the Industrial Commission is satisfied that it is fair and reasonable to do so in the circumstances. 3—Superannuation (1) If a prescribed body under a relevant Act is, immediately before the commencement of this clause, a party to an arrangement relating to the superannuation of one or more persons employed by the prescribed body, then the relevant employing authority under that Act will, on that commencement, become a party to that arrangement in substitution for the prescribed body. (2) Nothing that takes effect under subclause (1)— (a) constitutes a breach of, or default under, an Act or other law, or constitutes a breach of, or default under, a contract, agreement, understanding or undertaking; or (b) terminates 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, and subclause (1) may have effect despite any other Act or law. (3) An amendment effected to another Act by this Act does not affect a person's status as a contributor under the Superannuation Act 1988 (as it may exist immediately before the commencement of this Act). 4—Interpretative provision (1) The Governor may, by proclamation, direct that a reference in any instrument (including a statutory instrument) or a contract, agreement or other document to a prescribed body, or other specified agency, instrumentality or body, will have effect as if it were a reference to an employing authority under a relevant Act, the Minister to whom the administration of a relevant Act is committed, or some other person or body designated by the Governor. (2) A proclamation under subclause (1) may effect a transfer of functions or powers. 5—Related matters (1) A notice in force under section 51 of the Children's Services Act 1985 immediately before the commencement of this clause will continue to have effect for the purposes of that section, as amended by this Act. (2) A notice in force under section 28 of the Institute of Medical and Veterinary Science Act 1982 immediately before the commencement of this clause will continue to have effect for the purposes of that section, as amended by this Act. (3) A notice in force under section 61 of the South Australian Health Commission Act 1976 immediately before the commencement of this clause will continue to have effect for the purposes of that section, as amended by this Act. (4) A notice in force under section 13(6) of the South Australian Motor Sport Act 1984 immediately before the commencement of this clause will continue to have effect after that commencement but may, pursuant to this subclause, be varied from time to time, or revoked, by the Minister to whom the administration of that Act is committed. (5) The fact that a person becomes an employer in his or her capacity as an employing authority under an Act amended by this Act does not affect the status of any body or person as an employer of public employees for the purposes of the Fair Work Act 1994 (unless or until relevant regulations are made under the provisions of that Act). 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. (4) The Acts Interpretation Act 1915 will, except to the extent of any inconsistency with the provisions of this Schedule (or regulations made under this Schedule), apply to any amendment or repeal effected by this Act. Fire and Emergency Services (Review) Amendment Act 2009, Sch 1 1—Transitional provisions (1) The amendment of sections 49, 50 and 51 of the Fire and Emergency Services Act 2005 by this Act does not affect any proceedings instituted under those sections before the commencement of this clause. (2) A right of appeal in existence before the commencement of this clause under the sections referred to in subclause (1) not exercised before that commencement will be taken to be a right of appeal under those sections as amended by this Act. Statutes Amendment (South Australian Employment Tribunal) Act 2016 107—Transitional provisions principal Act means the Fire and Emergency Services Act 2005; relevant day means the day on which this Part comes into operation; Tribunal means the South Australian Employment Tribunal. (2) A decision, direction, determination or order of the Industrial Relations Commission of South Australia under the principal Act in force immediately before the relevant day will, on and from the relevant day, be taken to be a decision, direction, determination or order of the Tribunal. (3) A right of appeal with respect to any matter in existence before the relevant day, with the effect that the relevant proceedings would have been commenced before the Industrial Relations Commission of South Australia under the principal Act, will be exercised as if this Part had been in operation before the right arose, so that the relevant proceedings may be commenced instead before the Tribunal. (4) Any proceedings before the Industrial Relations Commission of South Australia under the principal Act immediately before the relevant day will, subject to such directions as the President of the Tribunal thinks fit, be transferred to the Tribunal where they may proceed as if they had been commenced before that Tribunal. (5) The Tribunal may— (a) receive in evidence any transcript of evidence in proceedings before the Industrial Relations Commission, and draw any conclusions of fact from that evidence that appear proper; and (b) adopt any findings or determinations of the Industrial Relations Commission that may be relevant to proceedings before the Tribunal; and (c) adopt or make any decision (including a decision in the nature of a determination), direction or order in relation to proceedings before the Industrial Relations Commission before the relevant day (including so as to make a decision or determination, or a direction or order, in relation to proceedings fully heard before the relevant day); and (d) take other steps to promote or ensure the smoothest possible transition from 1 jurisdiction to another in connection with the operation of this section. Fire and Emergency Services (Miscellaneous) Amendment Act 2020, Sch 1—Transitional provisions 1—SASES unit constitution (1) The constitution of an SASES unit is revoked on the commencement of section 22. (2) Any process for dissolution of an SASES unit that has been commenced but not completed before the commencement of section 22 is not affected by the revocation of the SASES unit's constitution under subclause (1) (and may be continued and completed by the Chief Officer in accordance with the regulations). 2—SASES command structure A person who, immediately before the commencement of section 23, holds an office or rank within SASES continues to hold that office or rank as if they had been appointed in accordance with Part 5 Division 4A of the Fire and Emergency Services Act 2005 (as inserted by section 23). Historical versions 16.9.2012 19.3.2021