Occupational Licensing National Law (South Australia) Repeal Act 2016
In Force
SA
Jurisdiction
South Australia
Collection
act
Plain English Summary
3/10 complexity
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.
This Repeal Act mechanically removes the Occupational Licensing National Law framework from South Australian statute book and effects the administrative and property consequences of that removal. It repeals the Occupational Licensing National Law (South Australia) Act 2011 (s 4). The Act ties its commencement and the operative point of dissolution to the repeal of the Occupational Licensing National Law Act 2010 of Victoria: the Act comes into operation, or is taken to have come into operation, on the day the Victorian Act is repealed (s 2; definition of dissolution date in s 3).
On the dissolution date the Act dissolves, insofar as they were constituted under the National Law as applying in South Australia, the National Occupational Licensing Authority (the Licensing Authority), the National Occupational Licensing Board (the Licensing Board) and any Occupational Licence Advisory Committees (Licensing Advisory Committees) (s 5(1)). Members of the Board and Advisory Committees cease to hold office on dissolution and are not entitled to any remuneration or compensation because of the loss of that office (s 5(2)). The Act abolishes the National Occupational Licensing Authority Fund on the dissolution date and treats money or property standing to the credit of the Fund immediately before abolition as assets of the Licensing Authority, to which the asset-transfer rule in s 5 applies (s 6(1)-(2)).
The Act transfers assets, rights and liabilities of the dissolved entities to the Crown in right of Victoria, New South Wales, Queensland, South Australia, Tasmania and the Northern Territory (s 5(3)). It delegates the authority to perform acts required or authorised in relation to those assets, rights or liabilities to the Secretary of the NSW Treasury (s 5(4)). The Secretary of the NSW Treasury is also required to make arrangements for preparation, audit and publication of final financial statements of the Licensing Authority for any period before dissolution for which statements have not yet been prepared, audited and published, in accordance with Australian Accounting Standards, and may require former members of the Licensing Board to exercise functions with respect to those statements (s 7).
Records of the dissolved entities are transferred by operation of the Act to the custody of the NSW Treasury, and those records become subject to the State Records Act 1998 of New South Wales and the other laws of New South Wales, as if they were records of the NSW Treasury; the State Records Act 1997 of South Australia ceases to apply to those records (s 8). Finally, the Governor retains a regulation-making power for matters necessary or convenient to give effect to the Act, including savings and transitional provisions that may take retrospective effect in prescribed ways but which are statutorily constrained so they do not operate prejudicially to private persons or impose retrospective liabilities on private persons before publication (s 9).
Main concepts
The Act is short and built around a small set of concepts designed to wind up a multi‑jurisdictional institutional arrangement and to allocate responsibility for residual administration. Key statutory concepts are defined at s 3 and then used across the operative provisions.
Dissolution date, the pivot for timing, is defined to mean the date on which the Occupational Licensing National Law Act 2010 of Victoria is repealed (s 3). That definition makes the repeal and associated consequences contingent on an external legislative event in Victoria, rather than simply on proclamation in South Australia. The Act therefore links South Australia's statutory change to a Victorian legislative step.
Licensing Authority, Licensing Board and Licensing Advisory Committee are defined by reference to the respective provisions of the Occupational Licensing National Law (South Australia): the National Occupational Licensing Authority established by s 97, the National Occupational Licensing Board established by s 103, and Occupational Licence Advisory Committees established under s 132 of the then-applicable National Law (s 3). The cross-references mean the Act operates on those entities only insofar as they were constituted under the South Australian application of the National Law.
Assets, rights and liabilities are given expansive meanings in s 5(5), capturing present and future, vested and contingent interests, choses in action, securities and documents. That broad definition supports a comprehensive vesting of institutional property and obligations. The Act then prescribes the recipient of those interests: the Crown in right of a set of six jurisdictions , Victoria, New South Wales, Queensland, South Australia, Tasmania and the Northern Territory (s 5(3)). The Act does not specify an apportionment methodology between those Crowns; rather it states the legal effect of transfer.
Administrative responsibility for acts in relation to those transferred assets, rights or liabilities is allocated to the Secretary of the NSW Treasury (s 5(4)). The Secretary is also tasked with final financial statement arrangements, including audit and publication in accordance with Australian Accounting Standards (s 7(1)), and authorised to require former Board members to exercise functions relevant to those statements (s 7(2)).
Records custody is transferred by operation of the Act to the NSW Treasury (s 8(1)). For those records, the State Records Act 1998 (NSW) and other NSW laws apply, and the South Australian State Records Act 1997 ceases to apply to them (s 8(2)-(3)). Record is defined by reference to the NSW statute (s 8(4)).
Who it affects
The Act identifies a set of institutional and private actors who are directly affected by the repeal and winding-up process.
Direct institutional subjects are the Licensing Authority, the Licensing Board and any Licensing Advisory Committees as they had been constituted under the Occupational Licensing National Law (South Australia). On the dissolution date they are dissolved insofar as constituted under the South Australian application of the National Law (s 5(1)). As an immediate legal consequence, persons who were members of the Licensing Board or a Licensing Advisory Committee immediately before dissolution cease to be members and are not entitled to any remuneration or compensation because of the loss of that office (s 5(2)). That provision identifies a discrete group of public office‑holders who lose office and remuneration rights as a direct statutory effect.
Financial stakeholders are affected. The National Occupational Licensing Authority Fund is abolished on the dissolution date (s 6(1)). Any money or property standing to the credit of that Fund immediately before abolition are treated as assets of the Licensing Authority and then vest in the Crowns listed in s 5(3) through the asset-transfer rule in s 5.
Crown and public finance actors are implicated. The assets, rights and liabilities of the dissolved entities become the assets, rights and liabilities of the Crown in right of Victoria, New South Wales, Queensland, South Australia, Tasmania and the Northern Territory (s 5(3)). The Secretary of the NSW Treasury is given operational responsibility for acts, matters or things authorised or required to be done in relation to those assets, rights or liabilities (s 5(4)) and is required to make arrangements for the preparation, auditing and publication of outstanding financial statements (s 7). Those provisions place administrative tasks and likely financial costs on the NSW Treasury apparatus, at least in the short term.
Persons with dealings or claims against the dissolved entities are affected by the transfer of rights and liabilities (s 5(3)). Creditors, contract counterparties, plaintiffs in litigation or beneficiaries under contracts held by the Licensing Authority will find their counterparty or debtor is now the Crown in right of a set of jurisdictions, with operational action to be taken by the NSW Treasury Secretary (s 5(4)).
Records custodians and researchers are affected by the custody transfer of records to the NSW Treasury and by the application of NSW recordkeeping laws to those records (s 8(1)-(2)). That change also affects anyone who would otherwise have sought access, discovery or archival materials under South Australian record management processes because s 8(3) removes those records from the ambit of the South Australian State Records Act 1997.
Key duties and rights
The Act imposes a small number of explicit statutory duties and creates or extinguishes defined rights.
Duties imposed on the Secretary of the NSW Treasury are the most specific operational obligations. Section 7(1) requires the Secretary to make arrangements for preparation, auditing and publication of financial statements of the Licensing Authority, in accordance with Australian Accounting Standards, for any period before the Authority's dissolution for which financial statements have not been prepared, audited and published. Section 7(2) empowers the Secretary to require 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 Authority and Board had not been dissolved. Those provisions create a duty on the Secretary to ensure compliance with recognised accounting standards and give the Secretary power to call on former Board members to assist in meeting that duty.
The Governor has a delegated regulatory duty or power under s 9(1) to make regulations not inconsistent with the Act for matters required or permitted to be prescribed or necessary or convenient to carry out the Act. The regulations may contain savings or transitional provisions (s 9(2)) and may specify retrospective commencement dates within statutorily prescribed limits (s 9(3)-(4)). The regulation power is therefore a pivotal instrument for implementing detailed transitional arrangements.
Rights and interests are substantively rearranged by the Act. Section 5(3) transfers any assets, rights or liabilities of the Licensing Authority, Licensing Board or a Licensing Advisory Committee on dissolution to the Crown in right of six jurisdictions. The Act provides a broad definition of assets, rights and liabilities in s 5(5), thereby vesting legal and equitable estates, choses in action, securities, documents, present and future interests, and contingent rights or liabilities in those Crowns. This creates new legal parties for contractual and statutory claims, and shifts where property title and enforcement rights lie.
Section 5(2) extinguishes an entitlement to remuneration or compensation for former members of the Licensing Board or Advisory Committees who cease to hold office on dissolution. That is a definitive statement about personnel entitlements.
Section 6 abolishes the National Occupational Licensing Authority Fund and converts any money or property standing to the credit of the Fund into assets of the Licensing Authority for the purposes of s 5, thereby altering the legal status of funds previously standing to the credit of the abolished Fund.
Penalties and enforcement
The Act contains no express criminal offences, civil penalties or enforcement regime targeted at private persons or corporations. Its operative provisions are primarily administrative, dealing with repeal, dissolution, vesting of assets, abolition of a fund, financial statement arrangements and custody of records (ss 4-8). There are no provisions in the Act that create new sanctioning powers for prosecutions, fines, injunctions or administrative penalties.
Enforcement or execution in relation to the Act’s administrative directions appears to be focused on public officials, and is implemented through delegated administrative authorities rather than through coercive penalties. For example, s 7(2) empowers the Secretary of the NSW Treasury to require former members of the Licensing Board to exercise any functions with respect to final financial statements that they would have been required to exercise if the Licensing Authority and Board had not been dissolved. The Act does not specify penalties for non-compliance with any such requirement; the Secretary’s powers are statutory and the practical enforceability of such requirements would depend on general administrative law mechanisms and any applicable employment or appointment instruments, none of which are altered or specified by this Act.
Similarly, the transfer of assets, rights and liabilities (s 5(3)) and the attribution of custody of records to the NSW Treasury (s 8(1)-(2)) do not themselves create punitive enforcement mechanisms. Any disputes about property or liabilities will be matters for the courts, with the Crown in right of the named jurisdictions now identified by the Act as the legal successor(s) for those claims. The Act does not provide a special tribunal or expedited recovery process to enforce the newly vested rights; standard remedies available when the Crown is a party would apply, subject to general principles of public law and the ordinary civil procedure of the relevant jurisdiction(s).
The Governor’s regulation-making power in s 9 includes express constraints on retrospective regulations. Subsection 9(4) prevents retrospective regulation from operating so as to 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 publication, or to impose liabilities on any person (other than the State or an authority of the State) for anything done or omitted before publication. Those statutory limits constrain the scope for regulations that would impose retrospective penalties or obligations on private parties. Any regulation purportedly imposing retroactive civil or criminal liabilities would have to be read against those statutory guards.
How it interacts with other laws
The Repeal Act explicitly cross-references and displaces other bodies of law, and it ties its operation to a legislative act in Victoria. Interaction with other statutes is a central design feature.
Timing linkage. The Act’s commencement is expressly tied to the repeal of the Occupational Licensing National Law Act 2010 of Victoria; commencement is the day that Victorian Act is repealed or is taken to have been commenced on that day (s 2). The Act therefore depends on action in another State Parliament to trigger its operative effects. The statutory definition of dissolution date in s 3 formalises this linkage.
Vesting and multi-jurisdictional Crown succession. Section 5(3) transfers assets, rights and liabilities of the dissolved entities to the Crown in right of Victoria, New South Wales, Queensland, South Australia, Tasmania and the Northern Territory. That provision interacts with property law and public finance rules in those jurisdictions because it substitutes those state/territory Crowns as legal owners or counterparties for the Licensing Authority and associated bodies. The Act does not specify an internal apportionment or administration regime among those Crowns, but s 5(4) further interacts with intergovernmental administrative arrangements by assigning operational responsibility to the Secretary of the NSW Treasury for acts required in relation to the vested assets, rights and liabilities. That delegation creates an administrative interface between South Australian legislative action and NSW executive administration.
Accounting standards and auditing law. Section 7(1) requires that final financial statements be prepared, audited and published in accordance with Australian Accounting Standards. That makes the preparation and auditing processes subject to national accounting standards and any statutory auditing requirements that apply to entities preparing public financial statements; the Act therefore interacts with accounting law and standards regimes rather than prescribing a bespoke reporting standard.
Records and recordkeeping laws. Section 8 transfers custody of records of the dissolved entities to the NSW Treasury and subjects those records to the State Records Act 1998 of New South Wales and other NSW laws, treating them as if they were the records of NSW Treasury (s 8(1)-(2)). Section 8(3) removes those records from the application of the State Records Act 1997 of South Australia. That is a direct displacement of South Australian recordkeeping law in relation to the particular records and an adoption of NSW recordkeeping law, with implications for access, retention, disposal and archival processes.
Amendment history
The source provides a legislative history that records the Act’s passage but does not show subsequent statutory amendments. The principal Act is identified as Occupational Licensing National Law (South Australia) Repeal Act 2016, Year 2016, No 11 (Legislative history notes). The Act received assent on 31 March 2016 (see Legislative history note), and section 2 commenced on 11 May 2016 according to the entry "11.5.2016: s 2". The Act is therefore enacted in 2016 and commenced in part on 11 May 2016; elsewhere s 2 conditions commencement on the repeal of the Victorian Act, and the legislative history confirms the formal commencement entry for s 2.
The source does not list any amending instruments, schedules of amendment, or later acts that have amended the Repeal Act. There is no indication in the supplied text of any consequential amendments to other South Australian legislation enacted within the Repeal Act itself, beyond the repeal of the 2011 Act and the transitional and vesting provisions set out in ss 5-9.
Because this Act is a narrowly focused repeal and transitional statute, its amendment history in the source is limited to the identifying metadata noted above. If users require confirmation of later amendments or of the current status beyond what the source records, they would need to consult updated legislative databases or the official South Australian Government legislation website. The source as provided contains no subsequent amendment entries or schedules.
Litigation history
The provided source does not record any litigation history relating to the Occupational Licensing National Law (South Australia) Repeal Act 2016. There are no decisions, proceedings, or disputes cited in the text. The Act itself contains no provisions authorising specialized dispute resolution mechanisms, nor does it set out litigation-related transitional rules beyond vesting assets, rights and liabilities in the named Crowns and assigning custody of records to the NSW Treasury.
Potential litigation arising from the Act’s operation would more likely concern interpretation of the vesting and successor‑party provisions, disputes about the allocation of liabilities among the Crowns, contractual claims against the dissolved entities, or records access questions under the NSW State Records Act 1998 once custody is transferred. However, the source contains no record of such litigation. This section therefore reports absence of litigation references in the supplied statutory text rather than asserting that no litigation has ever occurred.
For parties concerned about possible litigation risk, the Act does create practical points at which disputes could arise, for example claimants seeking redress from the Licensing Authority’s former functions will now be dealing with multiple Crowns as successor parties (s 5(3)), and records previously within the South Australian record system are now placed under NSW custody and statutory control (s 8). Any litigants would need to identify the correct Crown party and relevant procedural rules in the jurisdiction in which their claim should be brought.
Gotchas
This short Repeal Act contains a number of practical features that may produce unintended consequences or require close attention by practitioners.
Timing contingent on Victorian repeal. The Act’s commencement is not a South Australian executive decision alone; it is triggered by repeal of a Victorian statute (s 2; definition of dissolution date in s 3). Parties cannot assume immediate effect upon assent; they must monitor the Victorian legislative timetable and watch for the defined dissolution date. Confusion is possible where different jurisdictions proceed at different speeds, because the Act’s key operations only occur on the Victorian repeal date.
No compensation for loss of office. Members of the Licensing Board and Licensing Advisory Committees cease to be members on dissolution and are not entitled to remuneration or compensation because of the loss of that office (s 5(2)). This is an unequivocal statutory bar. Persons who expected redundancy pay, transitional compensation, or other contractual entitlements linked to continuing office should not assume entitlements under this Act; any such claims would require a separate statutory or contractual basis outside the Repeal Act.
Broad vesting language with multi‑Crown ownership. The Act vests "any assets, rights or liabilities" in the Crown in right of Victoria, NSW, Queensland, South Australia, Tasmania and Northern Territory (s 5(3)), with "assets", "liabilities" and "rights" given broad definitions in s 5(5). That provision results in a legal transfer of title and obligations across multiple Crowns. However, the Act does not specify how those Crowns will administer jointly owned assets or share liabilities. The Act assigns operational responsibility to the Secretary of the NSW Treasury for acts in relation to those interests (s 5(4)), which reduces practical uncertainty, but it does not set out apportionment methods for costs, or provide a binding intergovernmental cost‑sharing arrangement within the Repeal Act itself. Parties interacting with those assets or seeking to enforce rights should expect to deal with NSW Treasury operationally, but may confront separate intergovernmental negotiation or administrative arrangements that are not recorded in the text.
Delegation of operational duties to NSW Treasury. The Secretary of the NSW Treasury is the single executive actor empowered to act in relation to vested assets, rights and liabilities (s 5(4)) and to make arrangements for final financial statements (s 7). That centralisation simplifies the contact point but places an administrative and likely financial burden on the NSW Treasury. Entities and claimants must therefore engage with NSW Treasury for practical matters, even where their original dealings were with South Australian bodies.
How to comply
Compliance under this Repeal Act for affected persons is primarily administrative and procedural rather than regulatory. The Act does not impose new licensing duties on private parties; it prescribes steps for public officials and dictates where rights and obligations have been reallocated.
For former members of the Licensing Board and Licensing Advisory Committees: be aware that your appointment ends on the dissolution date and the Act expressly denies entitlement to remuneration or compensation because of that loss of office (s 5(1)-(2)). There is no statutory entitlement under this Act to payment on cessation. Former Board members should also expect a possible request from the Secretary of the NSW Treasury to assist with final financial statements, because s 7(2) allows the Secretary to require former Board members to exercise any functions relevant to those statements. Practically, former members should keep records, cooperate with NSW Treasury requests concerning financial reporting, and verify any separate contractual entitlements that may survive outside the Act.
For creditors, contractors, and claimants with rights against the Licensing Authority or associated bodies: after the dissolution date the legal party is the Crown in right of one or more of the named jurisdictions (s 5(3)). The Act gives the Secretary of the NSW Treasury authority to act in relation to those assets, rights or liabilities (s 5(4)). Compliance therefore means identifying the correct contact within NSW Treasury for continuing contractual performance, billing, or claims, and following the procedural directions issued by that office. If you need to submit claims or invoices, direct them to the NSW Treasury contact point notified in practice or via notices published by the South Australian Government or NSW Treasury.
For entities holding funds in the National Occupational Licensing Authority Fund: the Fund is abolished on the dissolution date and monies standing to the credit of the Fund immediately before abolition become assets of the Licensing Authority, vested under s 5(3) (s 6(1)-(2)). Parties with interests in the Fund should treat their rights as now vested in the Crowns listed, and should liaise with NSW Treasury regarding distributions or reconciliations.
For records custodians and users: records of dissolved entities transfer to the custody of the NSW Treasury by operation of s 8(1). Those records will be managed under the State Records Act 1998 of New South Wales and other NSW laws (s 8(2)), and the South Australian State Records Act 1997 will not apply (s 8(3)). To comply, organisations and users should identify records within the scope of s 8, notify NSW Treasury of any statutory or litigation-related holds, and follow NSW processes for access, retention, disposal and archival. Where legal proceedings require discovery or production of records, parties should engage with NSW Treasury regarding production obligations.
Amendment history
The legislative history recorded in the supplied source identifies the Act as Occupational Licensing National Law (South Australia) Repeal Act 2016, No 11, with assent on 31 March 2016 and a commencement notation for s 2 dated 11 May 2016 (Legislative history notes). The source does not record any subsequent amendments to the Repeal Act itself.
Because the Act is a narrowly tailored, transitional statute its textual content is concise and contains the essential repeal, vesting and administrative provisions. The only temporal nuance in the Act is the dependence on the Victorian repeal for its operation (s 2 and definition of dissolution date in s 3). The Act also authorises the Governor to make regulations to address transitional and savings matters (s 9), which is the statutory mechanism for any detailed transitional rules that the Parliament or Executive did not legislate directly.
The source does not list any amendment Acts or subordinate instruments made under the Repeal Act. Users should note that the statute contemplates that regulations may be made under s 9 to address savings and transitional matters, and such regulations could be enacted after the Repeal Act; the supplied text contains no record of those regulations. To establish whether regulations were subsequently made, an information search of the South Australian Government Gazette and the delegated legislation register would be required; the present source does not supply those instruments.
In sum, the supplied source records the Act’s enactment and commencement metadata and contains no entries indicating later amendments within the text provided.
Litigation history
The supplied Act text contains no record of judicial or tribunal decisions that interpret or challenge the Occupational Licensing National Law (South Australia) Repeal Act 2016. There are no cases cited in the statutory text, and the legislative notes do not include litigation references.
Potential litigation risks created by the Act are structural rather than immediate: disputes over entitlement to assets or allocation of liabilities that are vested in multiple Crowns under s 5(3), claims by third parties against the dissolved entities whose counterparty becomes a Crown, or records‑access disputes after the transfer of custody to NSW Treasury under s 8. However, the source itself does not report any litigation outcomes or pending cases. This section therefore records an absence of litigation citations in the source rather than asserting litigation has not occurred outside the scope of the document.
If litigants pursue claims related to the Act’s operation, relevant procedural and jurisdictional questions will likely arise in the context of ordinary civil and administrative proceedings, including identification of the correct Crown defendant and questions about the applicable recordkeeping and discovery rules under NSW law. The Act’s text does not set out specialized forum or process rules for such litigation.
Gotchas
The Act’s brevity hides several implementation details and transitional traps relevant to practitioners.
Timing dependency. The Act’s effective date depends on Victorian legislative action (s 2; dissolution date in s 3). Parties must monitor the Victorian repeal to know when the South Australian repeal takes effect. This dependency may produce uncertainty about when duties and rights cease or vest.
Extinguishment of remuneration and compensation. Section 5(2) expressly denies entitlement to remuneration or compensation to persons who ceased to be members of the Licensing Board or Advisory Committees due to dissolution. That provision may preclude claims that would otherwise be framed as common law or equitable compensation tied to statutory office, unless a separate contractual or statutory basis exists. Practitioners should advise former office-holders to check their appointment instruments or employment contracts for independent entitlements.
Multi‑Crown vesting without internal apportionment. Assets, rights and liabilities vest in multiple Crowns (s 5(3)), but the Act does not set out a mechanism for allocating or managing those interests across the Crowns. The Secretary of the NSW Treasury is empowered to act in relation to those interests (s 5(4)), which centralises administration, but does not address how costs or liabilities will be shared. Parties with claims may encounter administrative arrangements not specified in the Act.
Records transferred out of South Australian regime. Records previously governed by South Australian record laws are transferred into NSW custody and subject to NSW law (s 8(1)-(3)). This results in a change of legal regime for access and retention, potentially affecting litigation discovery strategies, FOI requests, or archival work.
No substantive licensing replacement. The Act repeals the National Law Act in South Australia (s 4) but does not create a substitute licensing framework. Individuals and businesses formerly regulated under the National Law must seek other statutory or administrative sources for licensing continuity. The Act does not authorise transitional licensing arrangements.
Retrospective regulations with limits. The Governor may make regulations that take effect from the commencement date, potentially retrospectively (s 9(3)), but s 9(4) places statutory limits on prejudicial or liability-imposing retrospective effects against private persons. Users should nonetheless review any regulations made under s 9 as they may affect transitional rights or obligations within those statutory bounds.
No penalties created. The Act does not create enforcement sanctions or new offences. Where parties expect regulatory penalties or dispute mechanisms, they will need to consult other legislation. The absence of an enforcement framework in this Act is itself a practical point: remedies and enforcement will rely on existing statutory or common law avenues.
How to comply
Practical compliance under this Repeal Act is primarily about observing the Act’s timing, cooperating with administrative arrangements led by the NSW Treasury, and safeguarding contractual or records-based interests.
Step 1, confirm timing. Determine the dissolution date by checking whether and when the Occupational Licensing National Law Act 2010 of Victoria is repealed, because South Australia’s repeal provisions are triggered by that event (s 2; definition in s 3). Do not assume the Act’s provisions are operative before that event.
Step 2, for former Board and Advisory Committee members, review appointment instruments. The Act terminates membership on the dissolution date and removes entitlement to remuneration or compensation for that loss of office (s 5(1)-(2)). If an individual believes they have contractual entitlements independent of statutory offices, they should identify and preserve contractual documentation promptly, because the Act addresses only statutory entitlement to remuneration arising from office.
Step 3, engage with NSW Treasury on financial and asset matters. The Act vests assets, rights and liabilities in multiple Crowns but delegates operational authority to the Secretary of the NSW Treasury for acts in relation to those interests (s 5(3)-(4)). The Secretary must arrange preparation, audit and publication of outstanding financial statements in accordance with Australian Accounting Standards, and may require former Board members to assist (s 7). Entities and advisers should identify outstanding financial issues, collate supporting records, prepare to respond to NSW Treasury requests, and ensure accounting records are available in formats complying with Australian Accounting Standards.
Step 4, address records custody and access. Records of the dissolved entities transfer to the custody of the NSW Treasury and become subject to the State Records Act 1998 (NSW) (s 8(1)-(2)). Organisations should prepare an inventory of records, flag any records subject to legal holds or ongoing proceedings, and contact NSW Treasury to confirm procedures for access, retrieval and preservation. South Australian recordkeepers should not rely on the South Australian State Records Act 1997 for those transferred records (s 8(3)).
Step 5, for creditors and contractual counterparties, identify the successor party and submit claims accordingly. After dissolution, claims or performance obligations will be against the Crown in right of the named jurisdictions (s 5(3)) and administratively handled by NSW Treasury (s 5(4)). Submit invoices, claims, or notices to the contact point identified by NSW Treasury, and preserve original contract documentation.
Current sections
Direct links to the current provisions in Occupational Licensing National Law (South Australia) Repeal Act 2016.
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Occupational Licensing National Law (South Australia) Repeal Act 2016
South Australia
Occupational Licensing National Law (South Australia) Repeal Act 2016
An Act to repeal the Occupational Licensing National Law (South Australia) Act 2011 and to provide for related matters.
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Interpretation
4 Repeal of National Law Act of this jurisdiction
5 Dissolution of National Licensing Authority, National Licensing Board and Advisory Committees
6 Abolition of National Occupational Licensing Authority Fund
7 Final Licensing Authority financial statements
8 Transfer of certain records to NSW Treasury
9 Regulations
Legislative history
The Parliament of South Australia enacts as follows:
Part 1—Preliminary
1—Short title
This Act may be cited as the Occupational Licensing National Law (South Australia) Repeal Act 2016.
2—Commencement
This 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.
3—Interpretation
In this Act—
dissolution date means the date on which the Occupational Licensing National Law Act 2010 of Victoria is repealed;
Licensing Advisory Committee means an Occupational Licence Advisory Committee established under section 132 of the Occupational Licensing National Law (South Australia);
Licensing Authority means the National Occupational Licensing Authority established by section 97 of the Occupational Licensing National Law (South Australia);
Licensing Board means the National Occupational Licensing Board established by section 103 of the Occupational Licensing National Law (South Australia);
Occupational 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.
4—Repeal of National Law Act of this jurisdiction
The Occupational Licensing National Law (South Australia) Act 2011 is repealed.
5—Dissolution of National Licensing Authority, National Licensing Board and Advisory Committees
(1) On the dissolution date, each of the following is dissolved insofar as it is constituted under the Occupational Licensing National Law (South Australia):
(a) the Licensing Authority;
(b) the Licensing Board;
(c) a Licensing Advisory Committee.
(2) The 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.
(3) Any 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.
(4) Any 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.
(5) In this section—
assets 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;
liabilities means any liabilities, debts or obligations (whether present or future, whether vested or contingent and whether personal or assignable);
rights means any rights, powers, privileges or immunities (whether present or future, whether vested or contingent and whether personal or assignable).
6—Abolition of National Occupational Licensing Authority Fund
(1) On the dissolution date, the National Occupational Licensing Authority Fund established under section 142 of the Occupational Licensing National Law (South Australia) is abolished.
(2) Any 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.
7—Final Licensing Authority financial statements
(1) The 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.
(2) The 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.
8—Transfer of certain records to NSW Treasury
(1) The records of an entity dissolved by this Act are transferred by the operation of this section to the custody of the NSW Treasury.
(2) The 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.
(3) The State Records Act 1997 of this State does not apply to any records within the ambit of subsection (1) or (2).
(4) In this section—
records has the same meaning it has in the State Records Act 1998 of New South Wales.
9—Regulations
(1) The 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.
(2) Without limiting subsection (1), the regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act.
(3) Any such provision may, if the regulations so provide, take effect from the date of commencement of this Act or a later date.
(4) To 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—
(a) to 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
(b) to 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.
Legislative history
Notes
• 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.
Principal Act
Year
No
Title
Assent
Commencement
2016
11
Occupational Licensing National Law (South Australia) Repeal Act 2016
31.3.2016
11.5.2016: s 2
Source text
Sourced from South Australian Legislation (legislation.sa.gov.au), CC BY 4.0.
1 Occupational Licensing National Law (South Australia) Repeal Act 2016
South Australia
Occupational Licensing National Law (South Australia) Repeal Act 2016
An Act to repeal the Occupational Licensing National Law (South Australia) Act 2011 and to provide for related matters.
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Interpretation
4 Repeal of National Law Act of this jurisdiction
5 Dissolution of National Licensing Authority, National Licensing Board and Advisory Committees
6 Abolition of National Occupational Licensing Authority Fund
7 Final Licensing Authority financial statements
8 Transfer of certain records to NSW Treasury
9 Regulations
Legislative history
The Parliament of South Australia enacts as follows:
Part 1—Preliminary
1—Short title
This Act may be cited as the Occupational Licensing National Law (South Australia) Repeal Act 2016.
2—Commencement
This 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.
3—Interpretation
In this Act—
dissolution date means the date on which the Occupational Licensing National Law Act 2010 of Victoria is repealed;
Licensing Advisory Committee means an Occupational Licence Advisory Committee established under section 132 of the Occupational Licensing National Law (South Australia);
Licensing Authority means the National Occupational Licensing Authority established by section 97 of the Occupational Licensing National Law (South Australia);
Licensing Board means the National Occupational Licensing Board established by section 103 of the Occupational Licensing National Law (South Australia);
Occupational 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.
4—Repeal of National Law Act of this jurisdiction
The Occupational Licensing National Law (South Australia) Act 2011 is repealed.
5—Dissolution of National Licensing Authority, National Licensing Board and Advisory Committees
(1) On the dissolution date, each of the following is dissolved insofar as it is constituted under the Occupational Licensing National Law (South Australia):
(a) the Licensing Authority;
(b) the Licensing Board;
(c) a Licensing Advisory Committee.
(2) The 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.
(3) Any 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.
(4) Any 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.
(5) In this section—
assets 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;
liabilities means any liabilities, debts or obligations (whether present or future, whether vested or contingent and whether personal or assignable);
rights means any rights, powers, privileges or immunities (whether present or future, whether vested or contingent and whether personal or assignable).
6—Abolition of National Occupational Licensing Authority Fund
(1) On the dissolution date, the National Occupational Licensing Authority Fund established under section 142 of the Occupational Licensing National Law (South Australia) is abolished.
(2) Any 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.
7—Final Licensing Authority financial statements
(1) The 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.
(2) The 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.
8—Transfer of certain records to NSW Treasury
(1) The records of an entity dissolved by this Act are transferred by the operation of this section to the custody of the NSW Treasury.
(2) The 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.
(3) The State Records Act 1997 of this State does not apply to any records within the ambit of subsection (1) or (2).
(4) In this section—
records has the same meaning it has in the State Records Act 1998 of New South Wales.
9—Regulations
(1) The 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.
(2) Without limiting subsection (1), the regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act.
(3) Any such provision may, if the regulations so provide, take effect from the date of commencement of this Act or a later date.
(4) To 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—
(a) to 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
(b) to 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.
Legislative history
Notes
• 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.
Principal Act
Year
No
Title
Assent
Commencement
2016
11
Occupational Licensing National Law (South Australia) Repeal Act 2016
31.3.2016
11.5.2016: s 2
Finally, the Governor’s regulation power (s 9) is a conventional enabling head of power for consequential and transitional matters, with express permission to make savings and transitional provisions, and express limits on retrospective effects that would prejudice private persons or impose liabilities on private persons for pre-publication conduct (s 9(1)-(4)).
Finally, the Governor and the Executive arm of South Australia are affected in the sense that the Act delegates a power to make regulations for transitional and consequential matters to the Governor (s 9), including the possibility of regulations taking retrospective effect subject to limits (s 9(1)-(4)). The Act therefore imposes duties on the Executive to prescribe matters necessary to give the repeal practical effect.
Section 8 creates a right in the NSW Treasury to custody of records of the dissolved entities by operation of the Act, and makes those records subject to the NSW State Records Act 1998 and other NSW laws, while removing them from the application of the South Australian State Records Act 1997. That changes the statutory regime governing access, retention and management of those records.
The Act contains no offence or penalty provisions, and does not create ongoing statutory regulatory duties for private parties; its operative rights and duties are primarily about vesting, custody and the preparation of final financial statements, and about the transitional regulatory power exercised by the Governor.
In short, the Act does not itself create a novel enforcement or penalty architecture; enforcement of its directives will rely on the ordinary powers available to the Crown and to public authorities, and any coercive measures would need to be founded elsewhere in statute or under general common law principles.
Regulatory power and limits on retrospectivity. Section 9 empowers the Governor to make regulations necessary or convenient to give effect to the Act, including savings or transitional provisions (s 9(1)-(2)). Subsections 9(3)-(4) permit regulations to take effect from the date of commencement or a later date, and permit retrospective effect to the commencement date subject to express protections preventing prejudicial effects on private persons or the imposition of liabilities on private persons for conduct before publication. This interacts with general statutory interpretation and retrospective legislation doctrines because the Act itself contemplates and constrains limited retrospective regulatory action.
Absence of substantive regulatory continuity. The Act repeals the Occupational Licensing National Law (South Australia) Act 2011 (s 4). The repealed Act previously imported substantive regulatory frameworks for occupational licensing. The Repeal Act does not itself re-establish an alternative licensing regime, nor does it preserve ongoing licensing powers within South Australian statute. The Act’s focus is on winding up and transition rather than on substantive regulatory substitution. Practically, this interaction means that any licensing functions formerly enacted under the National Law will no longer operate in South Australia pursuant to that Act following the dissolution date, pending any separate statutory arrangements enacted by South Australia or by other jurisdictions.
In summary, the Act interacts with Victorian repeal processes, with the public finance and property regimes of multiple Crowns, with Australian Accounting Standards and auditing frameworks, and with state recordkeeping statutes, while leaving open the question of replacement licensing regulation.
Records removed from South Australian record regime. Records of entities dissolved by this Act are transferred to the custody of the NSW Treasury and thereby become subject to the State Records Act 1998 (NSW) and other NSW laws, while the South Australian State Records Act 1997 will not apply to those records (s 8(1)-(3)). Parties expecting access or discovery under South Australian archival arrangements should instead deal with NSW statutory access provisions and NG procedures. This change may affect timing, access conditions, fees and pathways for research or litigation discovery.
No new licensing framework in the Repeal Act. The Act repeals the Occupational Licensing National Law (South Australia) Act 2011 (s 4) and does not itself establish an alternative licensing regime for occupations formerly regulated under the National Law. Practitioners and regulated entities should not expect this Act to preserve licensing functions or to provide transitional licensing authorisations; any continuity of licensing must be addressed through other legislation or administrative arrangements not contained in this Repeal Act.
Regulation power includes limited retrospectivity. The Governor may make regulations that take effect from the date of commencement, potentially retrospective to the dissolution date, but s 9(4) prevents such regulations from prejudicing private persons' pre-existing rights or imposing liabilities for past acts or omissions before publication, other than in relation to the State or an authority of the State. Users should therefore check for regulations made under s 9 that could affect their position, but also note the specific statutory constraints on prejudicial retrospectivity.
No penalty or enforcement framework introduced. The Act contains no penalty provisions (see the Penalties and enforcement section). Parties seeking to enforce rights or obligations transferred by the Act will need to rely on established legal processes and the fact that the Crown(s) are identified as successors.
In practical terms, these "gotchas" mean that administrators, former office-holders, creditors and record users must look to the delegated administrative arrangements that follow from the Act, particularly actions taken by the NSW Treasury Secretary and any regulations made by the Governor under s 9, rather than expecting the Repeal Act to provide exhaustive post-dissolution governance. Close attention to the timing trigger in Victoria, and to any regulations or administrative instruments that the Governor or NSW Treasury publishes, is essential.
For public officials, particularly in NSW Treasury: s 7 requires the Secretary to arrange preparation, audit and publication of final financial statements for outstanding periods in accordance with Australian Accounting Standards. The Secretary has power to require former Board members to assist (s 7(2)). Officials should establish a clear project plan, ensure compliance with applicable accounting and auditing standards, allocate budgetary resources for audit and publication, and issue formal notices to former Board members or other custodians to provide necessary information.
For South Australian agencies and the Governor’s office: the Governor may make regulations to manage transitional and consequential matters (s 9). Agencies should prepare draft regulations addressing savings, transitions, property transfers, staff records and public notices, and ensure any retrospective provisions respect the statutory limits in s 9(4). Agencies should also coordinate with NSW Treasury to align administrative arrangements for assets and records.
For lawyers advising affected clients: verify the operative dissolution date linked to the repeal of the Victorian Act, and confirm any regulations made under s 9. When advising on claims or contractual disputes, identify which Crown is the relevant legal party, and engage with NSW Treasury for administrative steps. Check for any separate contractual or statutory entitlements that may provide compensation or alternative remedies, because s 5(2) extinguishes remuneration entitlements only insofar as those arise under the loss of office caused by dissolution of the Board or Committees.
In all cases, compliance will often require cross-jurisdictional coordination. The Act centralises practical administration with the NSW Treasury Secretary but vests legal title in multiple Crowns; therefore, parties should treat NSW Treasury as the operative contact while being mindful that ultimate ownership and liability sit with the named jurisdictions.
Administrative burden for NSW Treasury. The Secretary of the NSW Treasury is assigned significant tasks, including making arrangements for final financial statements and acting in relation to vested assets and liabilities (ss 5(4), 7(1)). That concentrates practical administrative responsibility on NSW Treasury; expect practical instruction and contact points from that office during implementation.
Collectively, these "gotchas" should be dealt with by focusing on the chronology tied to Victoria’s repeal, identifying contractual and records issues early, engaging with NSW Treasury as the operational contact, and reviewing any regulations made under s 9 for transitional detail.
Step 6, monitor and comply with regulations made under s 9. The Governor may make regulations for savings and transitional matters, which may contain important implementation detail. Check South Australian regulations and the Gazette for any instruments made under s 9, and verify whether any regulation has retrospective effect within the statutory constraints in s 9(4).
Step 7, for legal advisers, consider jurisdictional and procedural questions. Advice on litigation, statutory claims, or recovery should confirm the correct Crown party to sue, the applicable procedural rules in that jurisdiction, and the potential for NSW administrative processes to affect disclosure and records access. Also check for any separate statutory remedies not altered by the Repeal Act.
Step 8, document all communications and retain evidence. Given the multi‑jurisdictional vesting and the transfer to NSW custody, keep clear records of correspondence with South Australian agencies, NSW Treasury, former Board members, auditors and other stakeholders, so that financial reconciliations, property claims and record access issues can be resolved with an auditable trail.
By following these steps and engaging promptly with NSW Treasury and any regulations issued under s 9, affected parties will address the principal compliance requirements the Act imposes: cooperation in finalising financial statements, dealing with the NSW Treasury as the operational contact for vested interests, and ensuring records are managed under the NSW statutory regime.