No. 21 1143
THE SOUTH AUSTRALIAN
GOVERNMENT GAZETTE www.governmentgazette.sa.gov.au
PUBLISHED BY AUTHORITY
ALL PUBLIC ACTS appearing in this GAZETTE are to be considered official, and obeyed as such
ADELAIDE, THURSDAY, 14 APRIL 2016
CONTENTS Page
Adelaide Parklands Act 2005—Notice .................................... 1144 Aerodrome Fees Act 1998—Notice ......................................... 1152 Appointments, Resignations, Etc. ............................................ 1144 Australian Consumer Law (SA)—Notice ................................ 1144 Construction Industry Long Service Leave Act 1987— Notice .................................................................................. 1145 Corporations and District Councils—Notices .......................... 1234 Crown Land Management Act 2009—Notice ......................... 1145 Environment Protection Act 1993—Notices ........................... 1153 Expiation of Offences Act 1996—Notice ................................ 1145 Fire and Emergency Services Act 2005—Notice .................... 1145 Fisheries Management Act 2007—Notices ............................. 1145 Local Government Act 1999—Notice ..................................... 1147 Mining Act 1971—Notices ...................................................... 1147 National Electricity Law—Notice ........................................... 1149 National Parks and Wildlife Act 1972—Notice ....................... 1145 Police Act 1998—Notice ......................................................... 1150 Proclamation ............................................................................ 1166 Professional Standards Act 2004—Notices ............................. 1158 Public Trustee Office—Administration of Estates ................... 1234
Page REGULATIONS Criminal Law Consolidation Act 1935 (No. 21 of 2016) ............................................................... 1167 Public Corporations Act 1993 (No. 22 of 2016) .................. 1169 Roads (Opening and Closing) Act 1991—Notice .................... 1150 RULES Supreme Court Civil Rules 2006 (Amendment No. 31) ....................................................... 1171 Supreme Court Civil Supplementary Rules 2014 (Amendment No. 5) ......................................................... 1172 Supreme Court Criminal Rules 2014 (Amendment No. 2) ......................................................... 1195 Supreme Court Criminal Supplementary Rules 2014 (Amendment No. 1) ......................................................... 1197 Supreme Court Special Applications Rules 2014 (Amendment No. 1) ......................................................... 1228 Supreme Court Special Applications Supplementary Rules 2014 (Amendment No. 3)....................................... 1229 Transport, Department of—Notice to Mariners ....................... 1150 Water Industry Act 2012—Notice ........................................... 1151
GOVERNMENT GAZETTE NOTICES Notices for publication in the South Australian Government Gazette should be emailed to [email protected]. Content should be sent as Word format attachment(s). Covering emails should include the date the notice is to be published and to whom the notice will be charged. Closing time for lodgement is 4 p.m. on the Tuesday preceding the regular Thursday publication. Gazette enquiries to: Phone 8207 1045. The Government Gazette is available online at: www.governmentgazette.sa.gov.au.
1144 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 14 April 2016
Department of the Premier and Cabinet Adelaide, 14 April 2016
HIS Excellency the Governor in Executive Council has been pleased to appoint the undermentioned to the State Theatre Company of South Australia Board, pursuant to the provisions of the State Theatre Company of South Australia Act 1972: Member: (from 14 April 2016 until 13 April 2017) Christine Frances Guille Terence Michael Crawford Jodi Katherine Glass Jodie Lee Newton Member: (from 18 July 2016 until 17 July 2017) Kristen Greber
By command, IAN KEITH HUNTER, for Premier
ASACAB004-11
Department of the Premier and Cabinet Adelaide, 14 April 2016
HIS Excellency the Governor in Executive Council has been pleased to appoint the Honourable Leesa Anne Vlahos, MP, Minister for Disabilities and Minister for Mental Health and Substance Abuse to be also Acting Minister for Health, Acting Minister for the Arts and Acting Minister for Health Industries for the period from 18 April 2016 to 2 May 2016 inclusive, during the absence of the Honourable John James Snelling, MP.
By command, IAN KEITH HUNTER, for Premier
HEAC-2016-00030
Department of the Premier and Cabinet Adelaide, 14 April 2016
HIS Excellency the Governor in Executive Council has been pleased to appoint the Honourable Leesa Anne Vlahos, MP, Minister for Disabilities and Minister for Mental Health and Substance Abuse to be also Acting Minister for Communities and Social Inclusion, Acting Minister for Social Housing, Acting Minister for the Status of Women, Acting Minister for Ageing, Acting Minister for Multicultural Affairs, Acting Minister for Youth and Acting Minister for Volunteers for the period from 16 April 2016 to 24 April 2016 inclusive, during the absence of the Honourable Zoe Lee Bettison, MP.
By command, IAN KEITH HUNTER, for Premier
DCSICS/16/016
Department of the Premier and Cabinet Adelaide, 14 April 2016
HIS Excellency the Governor in Executive Council has been pleased to appoint the Honourable Kyam Joseph Maher, MLC, Minister for Employment, Minister for Aboriginal Affairs and Reconciliation, Minister for Manufacturing and Innovation, Minister for Automotive Transformation and Minister for Science and Information Economy to be also Acting Minister for Education and Child Development and Acting Minister for Higher Education and Skills for the period from 16 April 2016 to 27 April 2016 inclusive, during the absence of the Honourable Susan Elizabeth Close, MP.
By command, IAN KEITH HUNTER, for Premier
MECD16/023
Department of the Premier and Cabinet Adelaide, 14 April 2016
HIS Excellency the Governor in Executive Council has been pleased to appoint the Honourable Zoe Lee Bettison, MP, Minister for Communities and Social Inclusion, Minister for Social Housing, Minister for the Status of Women, Minister for Ageing, Minister for Multicultural Affairs, Minister for Youth and Minister for Volunteers to be also Acting Minister for Police, Acting Minister for Correctional Services, Acting Minister for Emergency Services and Acting Minister for Road Safety for the period from 25 April 2016 to 28 April 2016 inclusive, during the absence of the Honourable Peter Bryden Malinauskas, MLC.
By command, IAN KEITH HUNTER, for Premier
MPO16/02CS
Department of the Premier and Cabinet
Adelaide, 14 April 2016 HIS Excellency the Governor in Executive Council has been pleased to appoint Brian Douglas Spalding as a part-time Commissioner of the Australian Energy Market Commission for a term commencing on 19 April 2016 and expiring on 18 April 2019, subject to the provisions of the Australian Energy Market Commission Establishment Act 2004 (South Australia), pursuant to the provisions of the Australian Energy Market Commission Establishment Act 2004 (South Australia).
By command, IAN KEITH HUNTER, for Premier
MMRE16/07CS
ADELAIDE PARKLANDS ACT 2005: SECTION 15 (5)
ADELAIDE PARKLANDS PLAN Variation to the Adelaide Park Lands Plan
THE Minister for the City of Adelaide has, by instrument deposited in the General Registry Office varied Adelaide Park Lands Plan under Section 14 (4) of the Adelaide Park Lands Act. The amended plan numbered GRO 01/2014 has superseded the plan numbered GRO 127/2006. The Instruments to vary the plan are numbered GRO 5/2016, GRO 6/2016 and GRO 7/2016. Copies of GRO 01/2014 can be inspected at the Office of the Registrar-General located at 101 Grenfell Street, Adelaide, S.A. 5000 between normal business hours. Dated 14 April 2016.
M. P. BURDETT, Surveyor-General DPTI 2015/00898
AUSTRALIAN CONSUMER LAW (SA) SECTION 130
Safety Warning Notice—Announcement of Results of Investigation
Particulars of goods ERASER BALLS contained within a ‘gumball’ styled machine and other erasers which resemble food products. Possible risks
Concerns were initially held that children could be attracted to erasers that resemble foods and are scented to smell like food. If a child ingests one or more of these products, possible hazards could include choking and/or poisoning from an eraser that contains toxic material.
14 April 2016 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 1145 Results of investigation
Consumer and Business Services has liaised with the Australian Competition and Consumer Commission and SA Health and has been unable to identify injury data that supports further regulatory action being taken in relation to this product.
Erasers and other similarly sized stationery products are considered unsuitable for children under the age of three years. The applicable mandatory safety standard notes that the United States Consumer Product Safety Commission Age Determination Guidelines (‘the Guidelines’) should be used as guidance to determine the age suitability of toys. According to the Guidelines, scented craft products of this kind are suitable for children over the age of 3 years.
The erasers located on sale with a ‘gumball’ style machine are clearly labelled as unsuitable for children under the age of three and recommended for children aged 6 and older.
It has been concluded that these products present no greater risk than any other attractively designed household item of similar size (including toys). Where these products are present in the home due to the presence of older children, it should be noted that parental supervision and vigilance is essential to prevent injury.
Consumer and Business Services will continue to engage with other regulators and monitor the products available in the marketplace. Advice to Consumers
Consumers are advised to ensure that these products are kept out of reach of young children. Parental supervision and vigilance is required in the instance that the product is present in the home for older children. If the product is ingested it is strongly advised that consumers seek medical attention. Dated 7 April 2016.
JOHN RAU, Minister for Consumer and Business Services
CONSTRUCTION INDUSTRY LONG SERVICE LEAVE ACT 1987
Imposition of Levy NOTICE is hereby given pursuant to Section 26 (8) of the Construction Industry Long Service Leave Act 1987, that the prescribed percentage fixed by the Construction Industry Long Service Leave Board in accordance with that Section is 2.15% effective from 1 July 2016.
M. SEXTON, Presiding Officer
CROWN LAND MANAGEMENT ACT 2009
Intention to Consider the Disposal of Portion of Waterfront Crown Land
I, IAN HUNTER, Minister for Sustainability, Environment and Conservation hereby give notice pursuant to Section 59 of the Crown Land Management Act 2009, of my intention to consider the disposal of portion of waterfront Crown land Allotment 1, Deposited Plan No. 80338, in the Hundred of Bonython and out of Hundreds (Streaky Bay).
Public comment is invited concerning the disposal and must be submitted in writing by close of business on 4 May 2016.
Address all correspondence to Joe Jackson, Property Officer, Crown Lands, Department of Environment, Water and Natural Resource, G.P.O Box 1047, Adelaide, S.A. 5001.
J. JACKSON, Property Officer, Crown Lands DEWNR 08/0580
EXPIATION OF OFFENCES ACT 1996 NATIONAL PARKS AND WILDLIFE ACT 1972
Instrument of Authorisation I, IAN KEITH HUNTER, Minister for Sustainability, Environment and Conservation, being the Minister responsible for the administration of the National Parks and Wildlife Act 1972, (the Act) do hereby authorise the persons listed below in Schedule 1, to issue expiation notices pursuant to Section 6 (3) (b) (i) of the
Expiation Offences Act 1996 to issue expiation notices for expiable offences under the Act and Regulations made under the Act. The authorisation is effective from the date set out below and will remain in effect for the period the named persons are appointed as Wardens, pursuant to Section 20 of the National Parks and Wildlife Act 1972, unless earlier varied or revoked.
SCHEDULE 1 Burnell, Andrew Frank Dridan, Hannah Gosse Crawford, Melanie Petra Macdonald, Robert John Southcombe, Stuart Edward Watkins, Peter James Wilkins, David Sydney Zidarich, Anthony David
Dated 6 April 2016. I. K. HUNTER, Minister for Sustainability,
Environment and Conservation
FIRE AND EMERGENCY SERVICES ACT 2005
SECTION 78 Fire Danger Season
THE South Australian Country Fire Service hereby: (1) Fixes the end date of the Fire Danger Season within the
part of the State defined as the Kangaroo Island Fire Ban District so as to end on 15 April 2016.
(2) Fixes the end date of the Fire Danger Season within the part of the State defined as the Lower South East Fire Ban District so as to end on 15 April 2016.
G. NETTLETON, Chief Officer, SA Country Fire Service
FISHERIES MANAGEMENT ACT 2007: SECTION 79 TAKE note that the notice made under Section 79 of the Fisheries Management Act 2007, dated 18 December 2015, and published in the South Australian Government Gazette on 24 December 2015 on page 5304 being the sixth notice on that page, referring to the Spencer Gulf Prawn Fishery, is hereby varied such that it will not be unlawful for a person fishing pursuant to a Spencer Gulf Prawn Fishery licence to use prawn trawl nets in the areas specified in Schedule 1, during the period specified in Schedule 2, and under the conditions specified in Schedule 3.
SCHEDULE 1 The waters of the Spencer Gulf Prawn Fishery: (a) Except the waters that are north of the following closure
index points: 1. 33°34.00S 137°14.00E 2. 33°34.00S 137°31.00E 3. 33°29.00S 137°31.00E 4. 33°29.00S 137°34.00E 5. 33°38.00S 137°34.00E 6. 33°46.00S 137°44.00E
(b) And, except the waters contained within and bounded by the following coordinates:
(i) Southern Closure 1. 33°41.00S 137°06.00E 2. 33°52.00S 137°15.00E 3 . 33°55.00S 137°08.00E 4. 33°59.00S 137°09.00E 5. 34°13.00S 136°57.00E 6. 34°13.00S 136°54.00E 7. 34°15.00S 136°54.10E 8. 34°36.00S 136°47.50E 9 . 34°36.00S 136°38.00E 10. 34°18.00S 136°42.00E 11. 34°07.00S 136°47.50E 12. 34°02.70S 136°42.70E 13. 34°00.60S 136°47.00E 14. 33°51.00S 136°40.00E
and
1146 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 14 April 2016 (ii) Wardang Closure
1. 34°10.00S 137°28.00E 2. 34°21.00S 137°12.00E 3. 34°45.00S 137°15.00E 4. 34°48.53S 137°09.45E 5. 34°48.53S 137°06.00E 6. 34°50.75S 137°06.00E 7. 34°54.00S 137°01.00E
SCHEDULE 2 Commencing at 2100 hours on 8 April 2016 and end at sunrise
on 15 April 2016. SCHEDULE 3
1. The coordinates in Schedule 1 are defined as degrees decimal minutes and based on the World Geodetic System 1984 (WGS 84).
2. No fishing activity may be undertaken between the prescribed times of sunrise and sunset for Adelaide (as published in the South Australian Government Gazette pursuant to the requirements of the Proof of Sunrise and Sunset Act 1923) during the period specified in Schedule 2.
3. Fishing must cease: (a) in the fishing area known as the ‘Mid/North Gulf’ area
(as described on page 48 of the Management Plan for the South Australian Commercial Spencer Gulf Prawn Fishery October 2014) if the average catch per vessel, per night (based on the best information available to the committee at sea) drops below 500 kg; and
(b) in the fishing area known as the ‘Southern Gulf’ area (as described on page 48 in the Management Plan for the South Australian Commercial Spencer Gulf Prawn Fishery October 2014) if the average catch per vessel over two consecutive nights (based on the best information available to the committee at sea) falls below 350 kg.
4. Fishing must cease in an area in the Mid/North Gulf if the average prawn bucket count for all vessels (based on the best information available to the committee at sea) exceeds 260 prawns per 7 kg; or in an area in the Southern Gulf if the average prawn bucket count for all vessels exceeds 260 prawns/7 kg (based on the best information available to the committee at sea).
5. No fishing activity may occur without the authorisation of Coordinator at Sea, Greg Palmer, or other nominated Coordinator at Sea appointed by the Spencer Gulf and West Coast Prawn Fishermen’s Association.
6. The authorisation of the Coordinator at Sea must be in writing, signed and record the day, date and permitted fishing area within the waters of Schedule 1 in the form of a notice sent to the fishing fleet or vary an earlier authorisation issued by the Coordinator at Sea.
7. The Coordinator at Sea must cause a copy of any authorisation for fishing activity or variation of same, made under this notice to be emailed to the Prawn Fisheries Manager immediately after it is made.
8. The Coordinator at Sea must keep records of all authorisations issued pursuant to this notice. Dated 8 April 2016.
A. JONES, Acting Prawn Fisheries Manager
FISHERIES MANAGEMENT ACT 2007: SECTION 115
TAKE notice that pursuant to Section 115 of the Fisheries Management Act 2007 (the Act), Professor Bronwyn Gillanders, of the School of Earth and Environmental Sciences, Darling Building, University of Adelaide, S.A. 5005 (the ‘exemption holder’) or a person acting as her agent, are exempt from Sections 70, 71, 72 (2) (b) and 79 of the Fisheries Management Act 2007, Regulation 7 and Clauses 38, 72 and 118 of Schedule 6 of the Fisheries Management (General) Regulations 2007, but only insofar as they may engage in the activities specified in Schedule 1, using the gear specified in Schedule 2, (the ‘exempted activity’), subject to the conditions specified in Schedule 3, from 13 April 2016 until 13 April 2017, unless varied or revoked earlier.
SCHEDULE 1 The collection of aquatic organisms for the purpose of research
from all waters of South Australia, including the River Murray Protection Area, but excluding: • aquatic reserves (unless otherwise authorised under the
Fisheries Management Act 2007), • sanctuary and restricted access zones of marine parks (unless
otherwise authorised under the Marine Parks Act 2007); and • the Adelaide Dolphin Sanctuary (unless specified in Schedule
3 of this notice). SCHEDULE 2
• Seine nets of the following dimensions: • seine net (maximum length 50 m, height 2 m, minimum
mesh size 6 mm). • seine net (maximum length 30 m, height 2 m, minimum
mesh size 10 mm). • seine net (maximum length 10 m, height 2 m, minimum
mesh size 1 mm). • seine net (maximum length 6 m, height 2 m, minimum
mesh size 2 mm). • Pop nets (maximum size of 2.5 m wide x 2.5 m deep x 1.4 m
high, minimum mesh size of 1 mm). • Fyke nets (single 6 m wing, 3 compartments and 5 mm mesh)
with a maximum of 6 nets per person. • Fyke nets (double wing 4 m, 3 compartments and 20 mm
mesh) with a maximum of 1 net per person. • Fyke nets (double 10 m wings, 3 compartments and 19 mm
mesh) with a maximum of 3 nets per person. • Fyke nets (double wing 0.7 m, 1 compartment and 100 mm
mesh) with a maximum of 2 nets per person. • Swinger nets (with diameters of 50 m x 33 meshes x 127 to
230 mm mesh) with a maximum of 1 net per person. • Electrofishing backpack. • Modified crab pots, with a maximum height of 650 mm,
maximum diameter of 2 m, with a mesh size of 55 mm. • Bait traps (maximum size of 400 mm x 250 mm, 30 and
60 mm inlets, minimum mesh size of 3 mm) with maximum of 10 traps per person.
• Twin Plankton nets (maximum size length of 3 m, maximum diameter 75 cm, minimum mesh size 0.5 mm).
• Fish larvae light traps (maximum height of 1.5 m and maximum diameter 0.5 m) with a maximum of 15 traps set at one time.
• Hand-held sieve (maximum width of 30 cm with a minimum mesh size of 1 mm).
• Commercial cockle rakes with a mesh size of 44 mm, with a maximum of 1 rake per person.
• Research cockle rakes (from SARDI Aquatic Sciences), with a mesh size of 1 mm, with a maximum of 1 rake per person.
SCHEDULE 3 1. Research done pursuant to this notice must be within the
waters of the State and related to or for the purposes of the administration of the Fisheries Management Act 2007.
2. The specimens collected by the exemption holder are for scientific, education and research purposes only and must not be sold. Any unwanted specimens must be returned to the water immediately.
3. Any protected species taken incidentally while undertaking research under this exemption may be measured and recorded and must be returned to the water as soon as reasonably practicable. Other than a maximum of 10 individual Silver Perch and Freshwater Catfish protected species must not be retained.
4. The exemption holder must not collect specimens for aquaculture research purposes pursuant to this notice.
14 April 2016 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 1147
5. Organisms collected pursuant to this notice must not be released once they have been kept separate to their natural environment at the University.
6. The exempted activity must not be undertaken within areas closed to fishing activities pursuant to Section 79 of the Act, other than Section 79 closures in relation to Murray Cod, A maximum of 10 Murray Cod may be taken pursuant to this exemption.
7. Any equipment used to collect and hold fish during the exempted activity must be decontaminated prior to and after undertaking the research activities.
8. Electrofishing gear must be used in accordance with the Australian Code of Electrofishing Practice.
9. The collection of early juvenile fish and invertebrates species within the Adelaide Dolphin Sanctuary may only occur using fish larvae light traps, a single 10 metre seine net and plankton nets hauled in shallow water less than 2 metres depth along the shore line.
10. Before conducting any exempted activity within the Adelaide Dolphin Sanctuary the exemption holder must notify the delegates of the Dolphin Sanctuary. Cristina Vicente can be contacted via email at [email protected] or via telephone on 0400 939 443. Jamie Hicks can be contacted via email at [email protected] .
11. At least one hour before conducting research under this exemption, the exemption holder must contact PIRSA Fishwatch on 1800 065 522 and answer a series of questions about the exempted activity. The exemption holder will need to have a copy of this notice in their possession at the time of making the call, and be able to provide information about the area and time of the exempted activity, the vehicles and/or boats involved, the number of permit holders undertaking the exempted activity and other related questions. Exemption No. ME9902844.
12. When undertaking the exempted activity within the waters of the Adelaide Dolphin Sanctuary, nets must not be left in situ within the water and must not be left unattended. All nets must be removed from the water if a dolphin is within 50 metres to minimise the chance of entanglement.
13. The exemption holder must provide a report in writing detailing the activities carried out pursuant to this notice to the Director, Fisheries and Aquaculture Policy (G.P.O Box 1625, Adelaide, S.A. 5001) by 25 February 2017 with the following details: • the date and location of sampling; • the gear used; • the number and description of all species collected; • any interaction with protected species and marine
mammals; and • any other information regarding size, breeding or anything
deemed relevant or of interest that is able to be volunteered. A copy of the final report must be provided via email or sent to
Cristina Vicente, Manger, Adelaide Dolphin Sanctuary (G.P.O Box 1047, Adelaide, S.A. 5001).
14. Failure to submit a report as per condition 10 may result in further exemptions not being supported.
15. A person acting as an agent of the exemption holder must possess a copy of a signed letter from the exemption holder stating that they are acting as an agent during the exempted activity.
16. The exemption holders must not contravene or fail to comply with the Fisheries Management Act 2007 or any regulations made under that Act, except where specifically exempted by this notice.
This notice does not purport to override the provisions or operation of any other Act including, but not limited to, the Marine Parks Act 2007, the River Murray Act 2003 or the Adelaide Dolphin Sanctuary Act 2005. The exemption holder and her agents must comply with any relevant regulations, permits, requirements and directions from the Department of Environment, Water and Natural Resources when undertaking activities within a marine park. Dated 12 April 2016.
S. SLOAN, Director Fisheries and Aquaculture Policy
LOCAL GOVERNMENT ACT 1999 Fleurieu Regional Aquatic Centre Authority
NOTICE is hereby given in accordance with Schedule 2, Part 2, Section 19 (5) of the Local Government Act 1999, that the Fleurieu Regional Aquatic Centre Authority Regional Subsidiary Charter has been amended at items 3.8.1 and 3.8.3 (annual fee amended to sitting fee). The amended charter is available for inspection on the Fleurieu Regional Aquatic Centre website www.fleurieuaquaticcentre.com.au.
K. JESSEP, Acting Executive Officer
MINING ACT 1971
NOTICE is hereby given in accordance with Section 28 (5) of the Mining Act 1971 that the delegate of the Minister for Mineral Resources and Energy intends to grant an Exploration Licence over the area described below: Applicant: Stuart Exploration Pty Ltd. Location: Mount Lyndhurst Area—Approximately 90 km
south-east of Marree. Pastoral Lease: Mount Lyndhurst, Yankaninna, Mount Serle. Term: 1 year. Area in km2: 454. Reference: 2015/00125. Plan and co-ordinates can be found on the Department of State Development website: http://www.minerals.statedevelopment.sa. gov.au/exploration/public_notices or by contacting Mineral Tenements on (08) 8463 3103. Community information on mineral exploration licence processes and requirements under the Mining Act 1971 is available from: http://www.minerals.statedevelopment.sa.gov.au/land_access/comm unity_information or hard copy on request to Mineral Tenements.
J. MARTIN, Mining Registrar
MINING ACT 1971 NOTICE is hereby given in accordance with Section 28 (5) of the Mining Act 1971 that the delegate of the Minister for Mineral Resources and Energy intends to grant an Exploration Licence over the area described below: Applicant: Cosmo Development Pty Ltd. Location: Ooldea Area—Approximately 230 km north-west
of Ceduna. Term: 2 years. Area in km2: 313. Reference: 2015/00162. Plan and co-ordinates can be found on the Department of State Development website: http://www.minerals.statedevelopment.sa. gov.au/exploration/public_notices or by contacting Mineral Tenements on (08) 8463 3103. Community information on mineral exploration licence processes and requirements under the Mining Act 1971 is available from: http://www.minerals.statedevelopment.sa.gov.au/land_access/comm unity_information or hard copy on request to Mineral Tenements.
J. MARTIN, Mining Registrar
MINING ACT 1971 NOTICE is hereby given in accordance with Section 28 (5) of the Mining Act 1971 that the delegate of the Minister for Mineral Resources and Energy intends to grant an Exploration Licence over the area described below: Applicant: Yunnan International Mining Investment Corp Pty
Ltd. Location: Copley Area—Approximately 5 km north-east of
Leigh Creek. Pastoral Lease: Leigh Creek. Term: 2 years. Area in km2: 40. Reference: 2015/00165. Plan and co-ordinates can be found on the Department of State Development website: http://www.minerals.statedevelopment.sa.
1148 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 14 April 2016 gov.au/exploration/public_notices or by contacting Mineral Tenements on (08) 8463 3103. Community information on mineral exploration licence processes and requirements under the Mining Act 1971 is available from: http://www.minerals.statedevelopment.sa.gov.au/land_access/comm unity_information or hard copy on request to Mineral Tenements.
J. MARTIN, Mining Registrar
MINING ACT 1971 NOTICE is hereby given in accordance with Section 28 (5) of the Mining Act 1971 that the delegate of the Minister for Mineral Resources and Energy intends to grant an Exploration Licence over the area described below: Applicant: Havilah Resources Limited. Location: Moko Area—Approximately 155 km north and
95 km north-north-west of Olary. Pastoral Lease: Frome Downs, Quinyambie, Erudina,
Kalabity, Mundi Mundi. Term: 2 years. Area in km2: 961. Reference: 2015/00179. Plan and co-ordinates can be found on the Department of State Development website: http://www.minerals.statedevelopment.sa. gov.au/exploration/public_notices or by contacting Mineral Tenements on (08) 8463 3103. Community information on mineral exploration licence processes and requirements under the Mining Act 1971 is available from: http://www.minerals.statedevelopment.sa.gov.au/land_access/comm unity_information or hard copy on request to Mineral Tenements.
J. MARTIN, Mining Registrar
MINING ACT 1971 NOTICE is hereby given in accordance with Section 28 (5) of the Mining Act 1971 that the delegate of the Minister for Mineral Resources and Energy intends to grant an Exploration Licence over the area described below: Applicant: Kelaray Pty Ltd. Location: Lake Blanche Area—Approximately 134 km south-
west of Moomba. Pastoral Lease: Murnpeowie, Lindon. Term: 2 years. Area in km2: 997. Reference: 2015/00221. Plan and co-ordinates can be found on the Department of State Development website: http://www.minerals.statedevelopment.sa. gov.au/exploration/public_notices or by contacting Mineral Tenements on (08) 8463 3103. Community information on mineral exploration licence processes and requirements under the Mining Act 1971 is available from: http://www.minerals.statedevelopment.sa.gov.au/land_access/comm unity_information or hard copy on request to Mineral Tenements.
J. MARTIN, Mining Registrar
MINING ACT 1971
NOTICE is hereby given in accordance with Section 28 (5) of the Mining Act 1971 that the delegate of the Minister for Mineral Resources and Energy intends to grant an Exploration Licence over the area described below: Applicant: Kelaray Pty Ltd. Location: Petermorra Creek Area—Approximately 166 km
north-east of Marree. Pastoral Lease: Murnpeowie, Lindon. Term: 2 years. Area in km2: 997. Reference: 2015/00222. Plan and co-ordinates can be found on the Department of State Development website: http://www.minerals.statedevelopment.sa. gov.au/exploration/public_notices or by contacting Mineral Tenements on (08) 8463 3103. Community information on mineral exploration licence processes and requirements under the Mining Act 1971 is available from:
http://www.minerals.statedevelopment.sa.gov.au/land_access/comm unity_information or hard copy on request to Mineral Tenements.
J. MARTIN, Mining Registrar
MINING ACT 1971 NOTICE is hereby given in accordance with Section 28 (5) of the Mining Act 1971 that the delegate of the Minister for Mineral Resources and Energy intends to grant an Exploration Licence over the area described below: Applicant: Minotaur Operations Pty Ltd. Location: Yanerbie Area—Approximately 7 km south of
Streaky Bay. Term: 2 years. Area in km2: 71. Reference: 2015/00228. Plan and co-ordinates can be found on the Department of State Development website: http://www.minerals.statedevelopment.sa. gov.au/exploration/public_notices or by contacting Mineral Tenements on (08) 8463 3103. Community information on mineral exploration licence processes and requirements under the Mining Act 1971 is available from: http://www.minerals.statedevelopment.sa.gov.au/land_access/comm unity_information or hard copy on request to Mineral Tenements.
J. MARTIN, Mining Registrar
MINING ACT 1971 NOTICE is hereby given in accordance with Section 28 (5) of the Mining Act 1971 that the delegate of the Minister for Mineral Resources and Energy intends to grant an Exploration Licence over the area described below: Applicant: SA Exploration Pty Ltd. Location: Blue Hills Area—Approximately 140 km south-
east of Port Augusta. Term: 2 years. Area in km2: 164. Reference: 2015/00233. Plan and co-ordinates can be found on the Department of State Development website: http://www.minerals.statedevelopment.sa. gov.au/exploration/public_notices or by contacting Mineral Tenements on (08) 8463 3103. Community information on mineral exploration licence processes and requirements under the Mining Act 1971 is available from: http://www.minerals.statedevelopment.sa.gov.au/land_access/comm unity_information or hard copy on request to Mineral Tenements.
J. MARTIN, Mining Registrar
MINING ACT 1971
NOTICE is hereby given in accordance with Section 28 (5) of the Mining Act 1971 that the delegate of the Minister for Mineral Resources and Energy intends to grant an Exploration Licence over the area described below: Applicant: Renascor Resources Limited. Location: Carnding Area—Approximately 20 km west-north-
west of Tarcoola. Pastoral Lease: Mulgathing, Wilgena. Term: 2 years. Area in km2: 162. Reference: 2015/00234. Plan and co-ordinates can be found on the Department of State Development website: http://www.minerals.statedevelopment.sa. gov.au/exploration/public_notices or by contacting Mineral Tenements on (08) 8463 3103. Community information on mineral exploration licence processes and requirements under the Mining Act 1971 is available from: http://www.minerals.statedevelopment.sa.gov.au/land_access/comm unity_information or hard copy on request to Mineral Tenements.
J. MARTIN, Mining Registrar
14 April 2016 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 1149
MINING ACT 1971 NOTICE is hereby given in accordance with Section 28 (5) of the Mining Act 1971 that the delegate of the Minister for Mineral Resources and Energy intends to grant an Exploration Licence over the area described below: Applicant: OZ Exploration Pty Ltd. Location: Glenside Area—Approximately 40 km south of
Andamooka. Pastoral Lease: Andamooka, Arcoona. Term: 2 years. Area in km2: 354. Reference: 2015/00236. Plan and co-ordinates can be found on the Department of State Development website: http://www.minerals.statedevelopment.sa. gov.au/exploration/public_notices or by contacting Mineral Tenements on (08) 8463 3103. Community information on mineral exploration licence processes and requirements under the Mining Act 1971 is available from: http://www.minerals.statedevelopment.sa.gov.au/land_access/comm unity_information or hard copy on request to Mineral Tenements.
J. MARTIN, Mining Registrar
MINING ACT 1971 NOTICE is hereby given in accordance with Section 28 (5) of the Mining Act 1971 that the delegate of the Minister for Mineral Resources and Energy intends to grant an Exploration Licence over the area described below: Applicant: Endeavour Copper Gold Pty Ltd. Location: Kaldoonera Plain Area—Approximately 85 km
east-north-east of Streaky Bay. Pastoral Lease: Scrubby Peak. Term: 2 years. Area in km2: 916. Reference: 2015/00240. Plan and co-ordinates can be found on the Department of State Development website: http://www.minerals.statedevelopment.sa. gov.au/exploration/public_notices or by contacting Mineral Tenements on (08) 8463 3103. Community information on mineral exploration licence processes and requirements under the Mining Act 1971 is available from: http://www.minerals.statedevelopment.sa.gov.au/land_access/comm unity_information or hard copy on request to Mineral Tenements.
J. MARTIN, Mining Registrar
MINING ACT 1971 NOTICE is hereby given in accordance with Section 28 (5) of the Mining Act 1971 that the delegate of the Minister for Mineral Resources and Energy intends to grant an Exploration Licence over the area described below: Applicant: Marmota Energy Limited. Location: Indooroopilly Outstation Area—Approximately
170 km south-west of Coober Pedy. Pastoral Lease: Mobella. Term: 2 years. Area in km2: 584. Reference: 2015/00249. Plan and co-ordinates can be found on the Department of State Development website: http://www.minerals.statedevelopment.sa. gov.au/exploration/public_notices or by contacting Mineral Tenements on (08) 8463 3103. Community information on mineral exploration licence processes and requirements under the Mining Act 1971 is available from: http://www.minerals.statedevelopment.sa.gov.au/land_access/comm unity_information or hard copy on request to Mineral Tenements.
J. MARTIN, Mining Registrar
MINING ACT 1971 NOTICE is hereby given in accordance with Section 28 (5) of the Mining Act 1971 that the delegate of the Minister for Mineral Resources and Energy intends to grant an Exploration Licence over the area described below: Applicant: Endeavour Copper Gold Pty Ltd. Location: Yerda Outstation Area—Approximately 55 km
south-east of Tarcoola. Pastoral Lease: Wilgena, North Well. Term: 2 years. Area in km2: 198. Reference: 2016/00015. Plan and co-ordinates can be found on the Department of State Development website: http://www.minerals.statedevelopment.sa. gov.au/exploration/public_notices or by contacting Mineral Tenements on (08) 8463 3103. Community information on mineral exploration licence processes and requirements under the Mining Act 1971 is available from: http://www.minerals.statedevelopment.sa.gov.au/land_access/comm unity_information or hard copy on request to Mineral Tenements.
J. MARTIN, Mining Registrar
MINING ACT 1971 NOTICE is hereby given in accordance with Section 35A (1) of the Mining Act 1971, that an application for an Extractive Minerals Lease over the undermentioned mineral claim has been received: Applicant: Gambier Earth Movers Pty Ltd. Claim Number: 4382. Location: Allotment 400, Deposited Plan 117359 (Comaum
area—Approximately 15 km north-east of Penola). Area: 10.49 hectares approximately. Purpose: Construction Materials (Limestone). Reference: T02982. Details of the proposal may be inspected at the Department of State Development, Mineral Resources Division, Level 7, 101 Grenfell Street, Adelaide, S.A. 5000. A copy of the proposal has been provided to the Wattle Range Council and an electronic copy of the proposal can be found on the Department of State Development website: http://minerals.statedevelopment.sa.gov.au/mining/public_notices_mining. Written submissions in relation to this application are invited to be received at the Department of State Development, Mining Regulation, Attention: Business Support Officer, G.P.O. Box 320, Adelaide, S.A. 5001, by no later than 29 April 2015. The delegate of the Minister for Mineral Resources and Energy is required to have regard to these submissions in determining whether to grant or refuse the application and, if so, the terms and conditions on which it should be granted. When you make a written submission, that submission becomes a public record. Your submission will be provided to the applicant and may be made available for public inspection unless confidentiality is requested.
J. MARTIN, Mining Registrar
NATIONAL ELECTRICITY LAW
THE Australian Energy Market Commission (AEMC) gives notice under the National Electricity Law as follows:
Under s 95, AEMO has requested the Registration of proponents of new types of generation proposal (Ref. ERC0204). The proposal seeks to amend the definition of ‘generating unit’ in the NER to accommodate additional forms of electricity production. The AEMC intends to expedite the proposal under s 96 as it considers the proposed Rule non-controversial, subject to requests not to do so. Written requests not to expedite the proposal must be received by 28 April 2016. Submissions must be received by 12 May 2016.
1150 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 14 April 2016
Submissions can be made via the AEMC’s website. Before making a submission, please review the AEMC’s privacy statement on its website. Submissions should be made in accordance with the AEMC’s guidelines for making written submissions on Rule change proposals. The AEMC publishes all submissions on its website, subject to confidentiality.
Written requests should be sent to [email protected] and cite the reference in the title. Before sending a request, please review the AEMC’s privacy statement on its website.
Documents referred to above are available on the AEMC’s website and are available for inspection at the AEMC’s office. Australian Energy Market Commission Level 6, 201 Elizabeth Street Sydney NSW 2000 Telephone: (02) 8296 7800 www.aemc.gov.au 14 April 2016.
POLICE ACT 1998 Authorised Officers to Take Urine Samples
I, GRANT STEVENS, Commissioner of Police, do hereby notify that on and from 5 April 2016 the following persons were authorised by the Commissioner of Police to take urine samples for the purposes of the Police Act 1998.
PD
Number Officer Name
11172 Serafini, Adam 25065 Elliott, Ian 72953 Gardner, Caroline 34186 Silk, Robert 33811 Ryan, Stephen
GRANT STEVENS, Commissioner of Police
ROADS (OPENING AND CLOSING) ACT 1991 Road Closure—Un-named Public Road, Adelaide
NOTICE is hereby given, pursuant to Section 10 of the Roads (Opening and Closing) Act 1991, that the Development Assessment Commission proposes to make a Road Process Order to close un-named Public Road located west of Clarendon Street and Hindley Street, Adelaide and merge with the adjoining Allotment 503 in Deposited Plan 46982, more particularly delineated and lettered ‘A’ on Preliminary Plan No. 16/0009.
A copy of the plan and a statement of persons affected are available for public inspection at the offices of the Council, Customer Centre, 25 Pirie Street, Adelaide and the Adelaide office of the Surveyor-General, 101 Grenfell Street, Adelaide during normal office hours.
Any person is entitled to object to the proposed road process, or any person affected by the proposed closure is entitled to apply for an easement to be granted in that person’s favour over the land subject to the proposed closure. Such objection or application for an easement must set out the full name and address of the person making the objection or application and must be fully supported by reasons. Any application for an easement must give full particulars of the nature and location of the easement and where made by a person as the owner of adjoining or nearby land, specify the land to which the easement is to be annexed.
The application for easement or objection must be made in writing to the Development Assessment Commission at 136 North Terrace, Adelaide, S.A. 5000 within 28 days of this notice and a copy must be forwarded to the Surveyor-General at P.O. Box 1354, Adelaide, S.A. 5000. Where a submission is made, the Development Assessment Commission will give notification of a meeting at which the matter will be considered. Commission Contact: Jason Bailey Ph. 7109 7161. Dated 13 April 2016.
M. P. BURDETT, Surveyor-General
ROADS (OPENING AND CLOSING) ACT 1991:
SECTION 24 NOTICE OF CONFIRMATION OF ROAD
PROCESS ORDER Road Closure—Public Road, Maaoupe
BY Road Process Order made on 14 December 2015, the Wattle Range Council ordered that: 1. Portion of Mulligan Road, situated adjoining Allotment 100
in Deposited Plan No. 77035, more particularly delineated and lettered ‘B’ in Preliminary Plan No. 15/0014 be closed.
2. Transfer whole of the above closed road to Barry Francis Mulligan in accordance with the agreement for transfer dated 30 November 2015 entered into between The Wattle Range Council and Barry Francis Mulligan.
On 11 April 2016 that order was confirmed by the Minister for Transport and Infrastructure conditionally upon the deposit by the Registrar-General of Deposited Plan No. 111815 being the authority for the new boundaries. Pursuant to Section 24 (5) of the Roads (Opening and Closing) Act 1991, NOTICE of the order referred to above and its confirmation is hereby given. Dated 11 April 2016.
M. P. BURDETT, Surveyor-General DPTI 15/0014
NOTICE TO MARINERS NO. 10 OF 2016
South Australia—River Murray—Goolwa Barrage MARINERS are advised that the SA Water Corporation have installed a line of buoys and navigation marks on the downstream side of the Goolwa Barrage at a distance of 150 metres and parallel to the weir, in order to prevent vessels from approaching the weir. The buoy line extends from the riverbank on each side and is supported by pylons, with access to the lock chamber indicated by Port and Starboard lateral marks. The pylons are fitted with unlit top marks and located as follows: St Andrews Cross, Latitude 35°31′26.67″S, Longitude
138°48′38.89″ St Andrews Cross, Latitude 35°31′30.50″S, Longitude
138°48′38.09″E Starboard Lateral, Latitude 35°31′35.07″S, Longitude
138°48′37.14″E Port Lateral, Latitude 35°31′40.07″S, Longitude
138°48′35.98″E Mariners are advised to exercise caution when navigating in the vicinity, and to avoid crossing the line of buoys. Adelaide, 6 April 2016
S. MULLIGHAN, Minister for Transport and Infrastructure
14 April 2016 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 1151
WATER INDUSTRY ACT 2012 Pricing Order for the Variation of a Previous Pricing Order
PURSUANT to Section 35 (4) of the Water Industry Act 2012 (the Act), the Treasurer hereby issues the following pricing order (this Order): 1. Preamble 1.1. On 2 September 2014, the Treasurer issued a Pricing
Order (the September 2014 Pricing Order) pursuant to Section 35 of the Water Industry Act 2012 for the regulatory period 1 July 2016 to 30 June 2020.
1.2. The September 2014 Pricing Order contained a proviso that the September Pricing Order could be varied prior to the Essential Services Commission of South Australia (ESCOSA) issuing its Final Price Determination pursuant to Section 25 of the Essential Services Commission Act 2002.
1.3. ESCOSA has yet to issue its Final Price Determination pursuant to Section 25 of the Essential Services Commission Act 2002.
1.4. The purpose of this Order is to vary the provisions of the September 2014 Pricing Order.
2. Application 2.1. This Order is to take effect from the date that it is signed
by the Treasurer. 2.2. This Order applies so as to vary the September 2014
Pricing Order as follows: 2.2.1. The definition of ‘drinking water retail service’ in
clause 1.2 of the September 2014 Pricing Order is replaced with the following:
‘‘drinking water retail service’ means a retail service constituted by the sale and supply of water of a quality fit for human consumption but does not include an excluded retail service.’
2.2.2. The definition of ‘sewerage retail service’ in clause 1.2 of the September 2014 Pricing Order is replaced with the following:
‘‘sewerage retail service’ means the sale and supply of sewerage services for the removal of sewerage but does not include an excluded retail service.’
2.2.3. By the insertion in clause 1.2 of the September 2014 Pricing Order of the following new definition immediately after the definition of ‘drinking water retail service’:
‘excluded retail service means: (a) standard and non-standard connection
services (including developer services); (b) trade waste services; (c) non-domestic hauled waste services; (d) easement extinguishment and
encumbrance services; (e) hydrant and fire plug services; (f) meter services; and (g) network analysis and audit services.’ 3. Variation
The September 2014 Pricing Order, as varied by this Order, may be varied by a subsequent pricing order issued under Section 35 of the Act. Dated 30 March 2016.
TOM KOUTSANTONIS, Treasurer
1152 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 14 April 2016
AERODROME FEES ACT 1998 PARAFIELD AIRPORT
Schedule of Charges—Effective from 1 July 2016 THE prices shown in this Schedule are inclusive of GST. The following charges apply to the use of Parafield Airport: (a) Landing Charge: (i) For each aircraft weighing more than 10 000 kg MTOW, a charge of $8.04 per 1 000 kg MTOW pro rata. (ii) For aircraft landing at Parafield Airport for the purposes of undergoing substantial maintenance on the airport and
weighing less than 10 000 kg MTOW, a single charge of $8.04 per 1 000 kg MTOW pro rata. (iii) For the purposes of an aircraft undergoing substantial maintenance, evidence in the form of a Substantial Maintenance
Claim Form must be submitted to the Credit Controller at Parafield Airport Ltd (PAL) within 24 hours of the aircraft landing at Parafield Airport. If PAL is not notified of an aircraft landing for substantial maintenance within 24 hours, then a daily charge of $8.04 per 1 000 kg MTOW pro-rata will be levied in addition to the landing charge. It is the responsibility of the aircraft owner/operator to ensure that the form is lodged with PAL by the due date.
(b) General Aviation Access Charge (GAAC): For each aircraft not covered by (a) above a GAAC of $8.04 per 1 000 kg MTOW pro-rata per day or part of a day will be made. GAAC may be paid in advance for periods of one month, six months or twelve months. Advance payment will attract a discount as shown in the table below:
Period Rate per 1 000 kg MTOW (pro rata) $
Effective discount rate %
One Month 220.00 10 Six Months 1 177.00 20 Twelve Months 2 057.00 30
(MTOW = maximum take-off weight as specified by the manufacturer) This Schedule may change from time to time. By using Parafield Airport the Aircraft Operator is deemed to have accepted these Charges as amended from time to time.
Parafield Airport Ltd (ABN 68 075 176 608) Registered Office: 1 James Schofield Drive, Adelaide Airport, S.A. 5950
Administration Office: Building 18, Tigermoth Lane, Parafield Airport, S.A. 5106 Website: www.aal.com.au
14 April 2016 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 1153
ENVIRONMENT PROTECTION ACT 1993 Approval of Category B Containers
I, ANDREA KAYE WOODS, Team Leader, Container Deposit Legislation and Delegate of the Environment Protection Authority (‘the Authority’), pursuant to Section 68 of the Environment Protection Act 1993 (SA) (‘the Act’) hereby: Approval of Category B Containers Approve as Category B Containers, subject to the conditions in subclauses 1, 2, 3 and 4 below, each of the classes of containers identified by reference to the following matters described in the first 4 columns of Schedule 1 of this Notice which are sold in South Australia: (a) the product which each class of containers shall contain; (b) the size of the containers; (c) the type of containers; (d) the name of the holders of these approvals. (1) That containers of the class to which the approval relates must bear the refund marking specified by the Authority for
containers of that class. The Authority specifies the following refund markings for Category B containers: (a) '10c refund at collection depots when sold in S.A., or (b) '10c refund at S.A./N.T. collection depots in State/Territory of purchase' (2) The holder of the approval must have in place an effective and appropriate waste management arrangement in relation to
containers of that class. For the purpose of this approval notice the company named in Column 5 of Schedule 1 of this Notice is the nominated super collector.
(3) In the case of an approval in relation to Category B containers that the waste management arrangement must require the holder of the approval to provide specified super collectors with a declaration in the form determined by the Authority in relation to each sale of such containers by the holder of the approval as soon as practicable after the sale;
(4) The holder of these approvals must ensure that if a sticker bearing the refund marking has been approved, and is applied to the container, then the sticker must not be placed on any portion of the opening mechanism or in any other place that would require complete or partial removal of the sticker before the contents may be consumed.
SCHEDULE 1
Column 1 Column 2 Column 3 Column 4 Column 5
Product Name Container Size (mL) Container Type Approval Holder Collection
Arrangements 4 Pines Keller Door Black IPA 500 Glass 4 Pines Brewing Company Wholesale
Pty Ltd Marine Stores Ltd
4 Pines Keller Door Coffee Porter 500 Glass 4 Pines Brewing Company Wholesale Pty Ltd
Marine Stores Ltd
4 Pines Keller Door Russian Imperial Stout
500 Glass 4 Pines Brewing Company Wholesale Pty Ltd
Marine Stores Ltd
4 Pines Keller Door Schwarzbier 500 Glass 4 Pines Brewing Company Wholesale Pty Ltd
Marine Stores Ltd
Ashton Valley Crush Apple and Pineapple Sparkling Juice
330 Glass Ashton Valley Fresh Pty Ltd Marine Stores Ltd
Aqua Carpatica Natural Mineral Water 1500 PET Bettalife Distributors Pty Ltd Statewide Recycling Aqua Carpatica Natural Mineral Water 330 Glass Bettalife Distributors Pty Ltd Statewide Recycling Aqua Carpatica Natural Mineral Water 500 PET Bettalife Distributors Pty Ltd Statewide Recycling Aqua Carpatica Natural Mineral Water 750 Glass Bettalife Distributors Pty Ltd Statewide Recycling Aqua Carpatica Sparkling Natural
Mineral Water 1500 PET Bettalife Distributors Pty Ltd Statewide Recycling
Aqua Carpatica Sparkling Natural Mineral Water
330 Glass Bettalife Distributors Pty Ltd Statewide Recycling
Aqua Carpatica Sparkling Natural Mineral Water
500 PET Bettalife Distributors Pty Ltd Statewide Recycling
Aqua Carpatica Sparkling Natural Mineral Water
750 Glass Bettalife Distributors Pty Ltd Statewide Recycling
Hassle Hop Pale Ale 330 Glass Burleigh Brewing Company Statewide Recycling La Dolce Vita Chinotto 1000 Glass Coreco Fine Foods (Aust) Pty Ltd Statewide Recycling AC/DC Bourbon and Cola 375 Can—
Aluminium Drinkwell Beverages Statewide Recycling
Amino 1 Fruit Punch 500 PET Export Corporation Australia trading as Nutrition System Pty Ltd
Statewide Recycling
Amino 1 Lemon Lime 500 PET Export Corporation Australia trading as Nutrition System Pty Ltd
Statewide Recycling
Amino 1 Orange 500 PET Export Corporation Australia trading as Nutrition System Pty Ltd
Statewide Recycling
Assault Fruit Punch 500 PET Export Corporation Australia trading as Nutrition System Pty Ltd
Statewide Recycling
Assault Lemon Lime 500 PET Export Corporation Australia trading as Nutrition System Pty Ltd
Statewide Recycling
Assault Orange 500 PET Export Corporation Australia trading as Nutrition System Pty Ltd
Statewide Recycling
C4 On The Go Blue Razz 295 Polypropylene Export Corporation Australia trading as Nutrition System Pty Ltd
Statewide Recycling
C4 On The Go Fruit Punch 295 Polypropylene Export Corporation Australia trading as Nutrition System Pty Ltd
Statewide Recycling
C4 On The Go Watermelon 295 Polypropylene Export Corporation Australia trading as Nutrition System Pty Ltd
Statewide Recycling
1154 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 14 April 2016
Column 1 Column 2 Column 3 Column 4 Column 5
Product Name Container Size (mL) Container Type Approval Holder Collection
Arrangements Coconut Protein Chocolate 355 HDPE Export Corporation Australia trading as
Nutrition System Pty Ltd Statewide Recycling
Coconut Protein Pina Colada 355 HDPE Export Corporation Australia trading as Nutrition System Pty Ltd
Statewide Recycling
Energy Sport Electric Lime 355 Can—Aluminium
Export Corporation Australia trading as Nutrition System Pty Ltd
Statewide Recycling
Energy Sport Original 355 Can—Aluminium
Export Corporation Australia trading as Nutrition System Pty Ltd
Statewide Recycling
Energy Sport Zero Citrus Edge 355 Can—Aluminium
Export Corporation Australia trading as Nutrition System Pty Ltd
Statewide Recycling
Energy Sport Zero Onyx Cherry 355 Can—Aluminium
Export Corporation Australia trading as Nutrition System Pty Ltd
Statewide Recycling
Energy Sport Zero Power Punch 355 Can—Aluminium
Export Corporation Australia trading as Nutrition System Pty Ltd
Statewide Recycling
Mr Hyde Shot Blue Raspberry 74 PET Export Corporation Australia trading as Nutrition System Pty Ltd
Statewide Recycling
Mr Hyde Shot Fruit Punch 74 PET Export Corporation Australia trading as Nutrition System Pty Ltd
Statewide Recycling
Peroni Nastro Azzurro 660 Glass Festival City Wines And Spirits Pty Ltd
Statewide Recycling
Peroni Rossa 660 Glass Festival City Wines And Spirits Pty Ltd
Statewide Recycling
Almond Breeze Almond Milk Chocolate
250 LPB—Aseptic Freedom Foods Statewide Recycling
Almond Breeze Almond Milk Coconut 250 LPB—Aseptic Freedom Foods Statewide Recycling Almond Breeze Almond Milk Coffee 250 LPB—Aseptic Freedom Foods Statewide Recycling Holgate Brewhouse Alpha Crucis
Australian IPA 330 Glass Holgate Brewhouse Pty Ltd Marine Stores Ltd
Holgate Brewhouse American IPA Road Trip
330 Glass Holgate Brewhouse Pty Ltd Marine Stores Ltd
Holgate Brewhouse Gate Keeper Pale Ale
330 Glass Holgate Brewhouse Pty Ltd Marine Stores Ltd
Holgate Brewhouse Hop Tart Semi Sour Pale Ale
330 Glass Holgate Brewhouse Pty Ltd Marine Stores Ltd
Holgate Brewhouse Hopinator Double IPA
500 Glass Holgate Brewhouse Pty Ltd Marine Stores Ltd
Holgate Brewhouse Norton Lager 330 Glass Holgate Brewhouse Pty Ltd Marine Stores Ltd Holgate Brewhouse Series Beelzebubs
Jewels 750 Glass Holgate Brewhouse Pty Ltd Marine Stores Ltd
Holgate Brewhouse Wild Red Ale 750 Glass Holgate Brewhouse Pty Ltd Marine Stores Ltd Holgate Gate Series Double Trouble 500 Glass Holgate Brewhouse Pty Ltd Marine Stores Ltd Holgate Gate Series Millennium Falcon 500 Glass Holgate Brewhouse Pty Ltd Marine Stores Ltd The Buzz American Red 330 Glass Hop Nation Pty Ltd Statewide Recycling The Damned Pilsner 330 Glass Hop Nation Pty Ltd Statewide Recycling The Fiend Australian IPA 330 Glass Hop Nation Pty Ltd Statewide Recycling Inside Out Cold Brew Organic Tea
Green and Clean 350 PET Inside Out Nutritious Goods Pty Ltd Marine Stores Ltd
Inside Out Cold Brew Organic Tea OO La Long
350 PET Inside Out Nutritious Goods Pty Ltd Marine Stores Ltd
Inside Out Cold Brew Organic Tea Rooi Boss
350 PET Inside Out Nutritious Goods Pty Ltd Marine Stores Ltd
Inside Out Cold Brew Organic Tea Serious Black
350 PET Inside Out Nutritious Goods Pty Ltd Marine Stores Ltd
Arizona Diet Green Tea 680 Can—Aluminium
Manna Confectionery Pty Ltd Statewide Recycling
Arizona Lite Green Tea Lemonade 680 Can—Aluminium
Manna Confectionery Pty Ltd Statewide Recycling
Arizona Tropical Half and Half 680 Can—Aluminium
Manna Confectionery Pty Ltd Statewide Recycling
Arnold Palmer Lite Green Tea Lemonade
680 Can—Aluminium
Manna Confectionery Pty Ltd Statewide Recycling
Barrs Dandelion and Burdoch 330 Can—Aluminium
Manna Confectionery Pty Ltd Statewide Recycling
Ben Shaws Bitter Shandy 330 Can—Aluminium
Manna Confectionery Pty Ltd Statewide Recycling
Butterscotch Beer 340 Glass Manna Confectionery Pty Ltd Statewide Recycling Dr Pepper Cherry Diet 355 Can—
Aluminium Manna Confectionery Pty Ltd Statewide Recycling
Lilt 330 Can—Aluminium
Manna Confectionery Pty Ltd Statewide Recycling
Tango Orange 330 Can—Aluminium
Manna Confectionery Pty Ltd Statewide Recycling
Westcliff Cranberry Fruit Drink 1500 PET Modaffari And Sons Group Pty Ltd Flagcan Distributors Brekkie Nudie Mango Pear Coconut
Yoghurt Chia Seed Oats 250 PET Nudie Foods Pty Ltd Statewide Recycling
Nudie Water With A Splash Of Cucumber Lemon and Mint
450 PET Nudie Foods Pty Ltd Statewide Recycling
Nudie Water With A Splash Of Orange and Lemon
450 PET Nudie Foods Pty Ltd Statewide Recycling
Nudie Water With A Splash Of Raspberry
450 PET Nudie Foods Pty Ltd Statewide Recycling
14 April 2016 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 1155
Column 1 Column 2 Column 3 Column 4 Column 5
Product Name Container Size (mL) Container Type Approval Holder Collection
Arrangements Veggie Nudie Cucumber Celery Kale
Lemon Pear and More 400 PET Nudie Foods Pty Ltd Statewide Recycling
Olive and Edith Fruit Pop Sparkling Lemon
330 Glass Olive And Edith Marine Stores Ltd
Old Town White Coffee 240 Can—Aluminium
Oriental Merchant Pty Ltd Statewide Recycling
Yeos Lychee Drink 300 Can—Aluminium
Oriental Merchant Pty Ltd Statewide Recycling
Ballast Point Grapefruit Sculpin India Pale Ale
355 Glass Pinnacle Drinks Marine Stores Ltd
Ballast Point Sculpin India Pale Ale 355 Glass Pinnacle Drinks Marine Stores Ltd Kopparberg Apple Cider 330 Can—
Aluminium Pinnacle Drinks Marine Stores Ltd
Kopparberg Pear Cider 330 Can—Aluminium
Pinnacle Drinks Marine Stores Ltd
Mishka Luscious Berry 275 Glass Pinnacle Drinks Marine Stores Ltd Steersman Blonde 330 Glass Pinnacle Drinks Marine Stores Ltd Steersman Ultra Crisp 330 Glass Pinnacle Drinks Marine Stores Ltd Steersman Ultra Dry 330 Glass Pinnacle Drinks Marine Stores Ltd Tun Bitter 330 Can—
Aluminium Pinnacle Drinks Marine Stores Ltd
Tun Bitter 4.9% 330 Can—Aluminium
Pinnacle Drinks Marine Stores Ltd
Tun Light 330 Can—Aluminium
Pinnacle Drinks Marine Stores Ltd
Tun Mid 330 Can—Aluminium
Pinnacle Drinks Marine Stores Ltd
Red Bull Sugar Free 473 Can—Aluminium
Red Bull Australia Pty Ltd Statewide Recycling
100% Raw Straight Apple Bruce Cold Press Apple Juice
300 PET Soulfresh Group Pty Ltd Statewide Recycling
Lo Bros Sparkling Mineral Water 750 Glass Soulfresh Group Pty Ltd Statewide Recycling Lo Bros Sparkling Mineral Water 275 Glass Soulfresh Group Pty Ltd Statewide Recycling Neighbourhood Fruit Lemonade
Quencher 450 PET Soulfresh Group Pty Ltd Statewide Recycling
Neighbourhood Fruit Lemonade Quencher
1500 PET Soulfresh Group Pty Ltd Statewide Recycling
Neighbourhood Fruit Mango Quencher 1500 PET Soulfresh Group Pty Ltd Statewide Recycling Neighbourhood Fruit Mango Quencher 450 PET Soulfresh Group Pty Ltd Statewide Recycling We Dare To Care Spring Water 1500 PET Springwater Beverages Pty Ltd Statewide Recycling Golden Circle Sparkling Apple 350 PET The Kraft Heinz Company Statewide Recycling Golden Circle Sparkling Apple and
Tropical Fruits 350 PET The Kraft Heinz Company Statewide Recycling
Golden Circle Sparkling Apple Orange and Mango
350 PET The Kraft Heinz Company Statewide Recycling
Golden Circle Sparkling Lemon and Lime
350 PET The Kraft Heinz Company Statewide Recycling
Golden Circle Sparkling Pear 350 PET The Kraft Heinz Company Statewide Recycling Original Juice Co Black Label Pulp
Free Orange 600 PET The Kraft Heinz Company Statewide Recycling
Badu Blackberry and Blackcurrant Infused Water
575 PET Thirsty Brothers Pty Ltd Statewide Recycling
Badu Davidson Plum Infused Water 575 PET Thirsty Brothers Pty Ltd Statewide Recycling Badu Lemon Infused Water 575 PET Thirsty Brothers Pty Ltd Statewide Recycling Badu Lemongrass and Mint Infused
Water 575 PET Thirsty Brothers Pty Ltd Statewide Recycling
Mixologist Blood Orange Elderberry and Rosemary Lightly Carbonated
400 PET Thirsty Brothers Pty Ltd Statewide Recycling
Mixologist Lemon Mint and Ginger Lightly Carbonated
400 PET Thirsty Brothers Pty Ltd Statewide Recycling
Mixologist Pink Lady Apple and Sage Lightly Carbonated
400 PET Thirsty Brothers Pty Ltd Statewide Recycling
The Juice Lab Captain Smooth 350 PET Thirsty Brothers Pty Ltd Statewide Recycling The Juice Lab Carrot Top 350 PET Thirsty Brothers Pty Ltd Statewide Recycling The Juice Lab Chill Out 350 PET Thirsty Brothers Pty Ltd Statewide Recycling The Juice Lab Easy Tiger 350 PET Thirsty Brothers Pty Ltd Statewide Recycling The Juice Lab Green Keeper 350 PET Thirsty Brothers Pty Ltd Statewide Recycling The Juice Lab Healthy Warrior 350 PET Thirsty Brothers Pty Ltd Statewide Recycling The Juice Lab Heart Beet 350 PET Thirsty Brothers Pty Ltd Statewide Recycling The Juice Lab I Dream Of Greenie 350 PET Thirsty Brothers Pty Ltd Statewide Recycling The Juice Lab Liquid Gold 400 PET Thirsty Brothers Pty Ltd Statewide Recycling The Juice Lab Livewire 350 PET Thirsty Brothers Pty Ltd Statewide Recycling The Juice Lab Ranga 350 PET Thirsty Brothers Pty Ltd Statewide Recycling The Juice Lab Superpower 350 PET Thirsty Brothers Pty Ltd Statewide Recycling The Juice Lab Unbeetable 350 PET Thirsty Brothers Pty Ltd Statewide Recycling
1156 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 14 April 2016
ENVIRONMENT PROTECTION ACT 1993 Revocation of Approval of Category B Containers
I, ANDREA KAYE WOODS, Delegate of the Environment Protection Authority (‘the Authority’), pursuant to Section 68 of the Environment Protection Act 1993 (SA) (‘the Act’) hereby revoke the approvals of the classes of Category B containers sold in South Australia as identified by reference to the following matters, which are described in the first 4 columns of Schedule 1 of this Notice: (a) the product which each class of containers shall contain; (b) the size of the containers; (c) the type of containers; (d) the name of the holders of these approvals These approvals are revoked as the Authority is satisfied that the waste management arrangement between the approval holder and the party named in Column 5 of Schedule 1 of this Notice has been cancelled.
SCHEDULE 1
Column 1 Column 2 Column 3 Column 4 Column 5
Product Name Container Size (mL) Container Type Approval Holder Collection
Arrangements
7 Cherry Up Antioxidant 355 Can—Aluminium Charming Waters Statewide Recycling A & W Diet Root Beer 355 Can—Aluminium Charming Waters Statewide Recycling A & W Diet Vanilla Cream Soda 355 Can—Aluminium Charming Waters Statewide Recycling A & W Cream Soda 355 Can—Aluminium Charming Waters Statewide Recycling Angry Birds Paradise 330 Can—Aluminium Charming Waters Statewide Recycling Angry Birds Space Comet 330 Can—Aluminium Charming Waters Statewide Recycling Angry Birds Tropic 330 Can—Aluminium Charming Waters Statewide Recycling Barqs Root Beer 355 Can—Aluminium Charming Waters Statewide Recycling Beyond Coconut Water 250 Can—Steel Charming Waters Statewide Recycling Beyond Coconut Water 300 Glass Charming Waters Statewide Recycling Big Red Vanilla Float 355 Can—Aluminium Charming Waters Statewide Recycling Blue Sky Free Diet Soda Cherry Vanilla Creme 355 Can—Aluminium Charming Waters Statewide Recycling Blue Sky Free Diet Soda Cola 355 Can—Aluminium Charming Waters Statewide Recycling Blue Sky Free Diet Soda Creamy Root Beer 355 Can—Aluminium Charming Waters Statewide Recycling Blue Sky Free Diet Soda Jamaican Ginger Ale 355 Can—Aluminium Charming Waters Statewide Recycling Blue Sky Free Diet Soda Lemon Lime 355 Can—Aluminium Charming Waters Statewide Recycling Blue Sky Organic Black Cherry Cherish 355 Can—Aluminium Charming Waters Statewide Recycling Blue Sky Organic Ginger Ale 355 Can—Aluminium Charming Waters Statewide Recycling Blue Sky Organic Lemon Lime 355 Can—Aluminium Charming Waters Statewide Recycling Blue Sky Organic New Century Cola 355 Can—Aluminium Charming Waters Statewide Recycling Blue Sky Organic Orange Divine 355 Can—Aluminium Charming Waters Statewide Recycling Blue Sky Organic Root Beer Encore 355 Can—Aluminium Charming Waters Statewide Recycling Cactus Cooler 355 Can—Aluminium Charming Waters Statewide Recycling Canada Dry 355 Can—Aluminium Charming Waters Statewide Recycling Celebes Organic Coconut Water 350 Can—Steel Charming Waters Statewide Recycling Cherry Coke Diet 355 Can Charming Waters Statewide Recycling Colombiana 300 Glass Charming Waters Statewide Recycling Country Time Lemonade 355 Can—Aluminium Charming Waters Statewide Recycling Dr Pepper 330 Can—Aluminium Charming Waters Statewide Recycling Dr Pepper Cherry 355 Can—Aluminium Charming Waters Statewide Recycling Dr Pepper Cherry Diet 355 Can—Aluminium Charming Waters Statewide Recycling Dr Pepper Cherry Vanilla 355 Can—Aluminium Charming Waters Statewide Recycling Dr Pepper Diet 355 Can—Aluminium Charming Waters Statewide Recycling Fanta Grape 355 Can—Aluminium Charming Waters Statewide Recycling Fanta Grapefruit 355 Can—Aluminium Charming Waters Statewide Recycling Fanta Pineapple 355 Can—Aluminium Charming Waters Statewide Recycling Fanta Strawberry 355 Can—Aluminium Charming Waters Statewide Recycling Guarana Antarctica 330 Can—Aluminium Charming Waters Statewide Recycling Hawaiian Punch Fruit Juicy Red 355 Can—Aluminium Charming Waters Statewide Recycling IRN BRU 1000 PET Charming Waters Statewide Recycling IRN BRU 330 Can—Aluminium Charming Waters Statewide Recycling IRN BRU Diet 330 Can—Aluminium Charming Waters Statewide Recycling IRN BRU Sugar Free 1000 PET Charming Waters Statewide Recycling Inca Kola 355 Can—Aluminium Charming Waters Statewide Recycling Jarritos Cola 370 Glass Charming Waters Statewide Recycling Jarritos Grapefruit 370 Glass Charming Waters Statewide Recycling Jarritos Guava 370 Glass Charming Waters Statewide Recycling Jarritos Lime 370 Glass Charming Waters Statewide Recycling Jarritos Mandarin 370 Glass Charming Waters Statewide Recycling Jarritos Mango 370 Glass Charming Waters Statewide Recycling Jarritos Mineragua Club Soda 370 Glass Charming Waters Statewide Recycling Jarritos Pineapple 370 Glass Charming Waters Statewide Recycling Jarritos Tamarind 370 Glass Charming Waters Statewide Recycling L & P Lemon & Paeroa 355 Can—Aluminium Charming Waters Statewide Recycling Mello Yello 355 Can—Aluminium Charming Waters Statewide Recycling Mountain Dew Code Red 355 Can—Aluminium Charming Waters Statewide Recycling Mountain Dew Distortion 355 Can—Aluminium Charming Waters Statewide Recycling Mountain Dew Game Fuel 355 Can—Aluminium Charming Waters Statewide Recycling Mountain Dew Live Wire 355 Can—Aluminium Charming Waters Statewide Recycling Mountain Dew Typhoon 355 Can—Aluminium Charming Waters Statewide Recycling Mountain Dew Voltage 355 Can—Aluminium Charming Waters Statewide Recycling Mountain Dew White Out 355 Can—Aluminium Charming Waters Statewide Recycling Nekta Liquid Kiwi Fruit 1250 PET Charming Waters Statewide Recycling Nekta Liquid Kiwifruit 1000 PET Charming Waters Statewide Recycling Ocean Spray Cranberry Blackcurrant 1500 Glass SPC Ardmona Statewide Recycling Ocean Spray Cranberry Classic 1500 Glass SPC Ardmona Statewide Recycling
14 April 2016 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 1157
Column 1 Column 2 Column 3 Column 4 Column 5
Product Name Container Size (mL) Container Type Approval Holder Collection
Arrangements
Ocean Spray Cranberry Classic 350 PET SPC Ardmona Statewide Recycling Ocean Spray Light Cranberry 1500 Glass SPC Ardmona Statewide Recycling Ocean Spray Light Cranberry 1000 Glass SPC Ardmona Statewide Recycling Ocean Spray Light Cranberry 1500 PET SPC Ardmona Statewide Recycling Ocean Spray Light Cranberry 350 PET SPC Ardmona Statewide Recycling Ocean Spray Raspberry Cranberry 1500 Glass SPC Ardmona Statewide Recycling Ocean Spray Raspberry Cranberry 350 PET SPC Ardmona Statewide Recycling Ocean Spray Ruby Red Grapefruit 1500 Glass SPC Ardmona Statewide Recycling Ocean Spray Ruby Red Grapefruit 1500 PET SPC Ardmona Statewide Recycling Ocean Spray Ruby Red Grapefruit 1000 Glass SPC Ardmona Statewide Recycling OKF Aloe Organic 1500 PET Charming Waters Statewide Recycling OKF Aloe Organic 500 PET Charming Waters Statewide Recycling OKF Aloe Vera King Grape 500 PET Charming Waters Statewide Recycling OKF Aloe Vera King Guava 500 PET Charming Waters Statewide Recycling OKF Aloe Vera King Kiwi 500 PET Charming Waters Statewide Recycling OKF Aloe Vera King Mango 500 PET Charming Waters Statewide Recycling OKF Aloe Vera King Original 1500 PET Charming Waters Statewide Recycling OKF Aloe Vera King Original 500 PET Charming Waters Statewide Recycling OKF Aloe Vera King Peach 1500 PET Charming Waters Statewide Recycling OKF Aloe Vera King Peach 500 PET Charming Waters Statewide Recycling OKF Aloe Vera King Pineapple 500 PET Charming Waters Statewide Recycling OKF Aloe Vera King Sugar Free 1500 PET Charming Waters Statewide Recycling OKF Coconut Drink 500 PET Charming Waters Statewide Recycling Oogave Cola 355 Glass Charming Waters Statewide Recycling Oogave Ginger Ale 355 Glass Charming Waters Statewide Recycling Oogave Grapefruit 355 Glass Charming Waters Statewide Recycling Oogave Mandarin Key Lime 355 Glass Charming Waters Statewide Recycling Oogave Root Beer 355 Glass Charming Waters Statewide Recycling Oogave Strawberry Rhubarb 355 Glass Charming Waters Statewide Recycling Oogave Watermelon Cream 355 Glass Charming Waters Statewide Recycling Orangina 330 Can—Aluminium Charming Waters Statewide Recycling Orgain Creamy Chocolate Fudge 330 LPB—Aseptic Charming Waters Statewide Recycling Orgain Iced Cafe Mocha 330 LPB—Aseptic Charming Waters Statewide Recycling Orgain Strawberry 330 LPB—Aseptic Charming Waters Statewide Recycling Orgain Sweet Vanilla Bean 330 LPB—Aseptic Charming Waters Statewide Recycling Pepsi Wild Cherry 355 Can—Aluminium Charming Waters Statewide Recycling Pony Malta 355 Glass Charming Waters Statewide Recycling Pure Energy Classic Organic Guarana Drink 250 Can—Aluminium Charming Waters Statewide Recycling Snapple Fruit Punch 473 Glass Charming Waters Statewide Recycling Snapple Kiwi Strawberry 473 Glass Charming Waters Statewide Recycling Snapple Lemon Tea 473 Glass Charming Waters Statewide Recycling Snapple Mango Madness 473 Glass Charming Waters Statewide Recycling Snapple Peach Tea 473 Glass Charming Waters Statewide Recycling Snapple Raspberry Tea 473 Glass Charming Waters Statewide Recycling Snapple Sweet Tea 473 Glass Charming Waters Statewide Recycling Sun Drop 355 Can—Aluminium Charming Waters Statewide Recycling Sunkist Cherry Limeade 355 Can—Aluminium Charming Waters Statewide Recycling Sunkist Grape 355 Can—Aluminium Charming Waters Statewide Recycling Sunkist Solar Fusion 355 Can—Aluminium Charming Waters Statewide Recycling Sunkist Strawberry 355 Can—Aluminium Charming Waters Statewide Recycling Tab 355 Can—Aluminium Charming Waters Statewide Recycling Tango Apple 330 Can—Aluminium Charming Waters Statewide Recycling Tango Cherry 330 Can—Aluminium Charming Waters Statewide Recycling Tango Orange 330 Can—Aluminium Charming Waters Statewide Recycling Tizer 330 Can—Aluminium Charming Waters Statewide Recycling Vimto Fizzy 330 Can—Aluminium Charming Waters Statewide Recycling Vita Coco 100% Pure Coconut Water 330 LPB—Aseptic Charming Waters Statewide Recycling Vita Coco 100% Pure Coconut Water 500 LPB—Aseptic Charming Waters Statewide Recycling Vita Coco with Acai & Pomegranate 500 LPB—Aseptic Charming Waters Statewide Recycling Vita Coco with Acai & Pomegranate 330 LPB—Aseptic Charming Waters Statewide Recycling Vita Coco with Passionfruit 330 LPB—Aseptic Charming Waters Statewide Recycling Vita Coco with Peach & Mango 330 LPB—Aseptic Charming Waters Statewide Recycling Vita Coco with Peach & Mango 500 LPB—Aseptic Charming Waters Statewide Recycling Vita Coco with Pineapple 330 LPB—Aseptic Charming Waters Statewide Recycling Vita Coco with Pineapple 500 LPB—Aseptic Charming Waters Statewide Recycling Vita Coco with Tangerine 330 LPB—Aseptic Charming Waters Statewide Recycling Vita Coco with Tangerine 500 LPB—Aseptic Charming Waters Statewide Recycling Welchs Sparkling Grape Soda 355 Can—Aluminium Charming Waters Statewide Recycling Welchs Sparkling Strawberry Soda 355 Can—Aluminium Charming Waters Statewide Recycling Zevia Natural Diet Soda Black Cherry 355 Can—Aluminium Charming Waters Statewide Recycling Zevia Natural Diet Soda Cola 355 Can—Aluminium Charming Waters Statewide Recycling Zevia Natural Diet Soda Ginger Ale 355 Can—Aluminium Charming Waters Statewide Recycling Zevia Natural Diet Soda Lemon Lime Twist 355 Can—Aluminium Charming Waters Statewide Recycling Zevia Natural Diet Soda Orange 355 Can—Aluminium Charming Waters Statewide Recycling Cranky Cow Chocolate 420 PET Tanlay Food Group
Pty Ltd Statewide Recycling
Cranky Cow Iced Coffee 420 PET Tanlay Food Group Pty Ltd Statewide Recycling
Tasmanian Rain 750 Glass Tasmanian Rain Water Company Pty Ltd Statewide Recycling
Tasmanian Rain Sparkling 750 Glass Tasmanian Rain Water Company Pty Ltd Statewide Recycling
1158 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 14 April 2016
PROFESSIONAL STANDARDS ACT 2004 Law Institute of Victoria Limited Scheme
PURSUANT to Section 14 of the Professional Standards Act 2004, I authorise the publication in the Gazette of the Law Institute of Victoria Limited Scheme. Pursuant to Section 15 (1) (a) of the Professional Standards Act 2004, I specify 1 July 2016 as the date of commencement of the Law Institute of Victoria Limited Scheme. Dated 1 April 2016.
JOHN RAU, Attorney-General
PROFESSIONAL STANDARDS ACT 2003 (VIC) Law Institute of Victoria Limited Scheme
Preamble A. The Law Institute of Victoria Limited (“the LIV”) is a voluntary occupational association for legal practitioners (solicitors) in
Victoria. B. The LIV has made an application to the Professional Standards Council (“Council”), appointed under the Professional Standards
Act 2003 (Vic) (‘the Act’) for approval of a scheme under the Act, and this document comprises the scheme (‘the Scheme’). C. The Scheme has been prepared by the LIV for the purposes of limiting Occupational Liability of Participating Members to the
extent to which such liability may be limited under the Act. D. The Scheme is to apply to all Participating Members. E. The LIV has furnished the Council with a risk management program intended to be implemented in respect of its Participating
Members and the means by which those strategies are intended to be implemented. F. The Scheme is intended to remain in force for a period of five (5) years from its commencement, subject to s34 of the Act. G. The Scheme commences on 1 July 2016.
LAW INSTITUTE OF VICTORIA SCHEME 1. Preparation of the Scheme 1.1 This Scheme is a scheme under the Act prepared by the LIV, whose business address is 470 Bourke Street, Melbourne,
Victoria. 1.2 The Scheme is intended to operate as a scheme of Victoria, New South Wales, Queensland, South Australia, Western Australia,
the Northern Territory and the Australian Capital Territory. 1.3 Relevant definitions for the purpose of this Scheme are as follows: ‘Australian Practising Certificate’ has the same meaning as it has in the Legal Uniform Law (Victoria) 1; ‘Corporate Legal Practitioner’ has the same meaning as it has in the Legal Profession Uniform Law (Victoria) 2; ‘Court’ has the same meaning as it has in the Act; ‘Damages’ has the same meaning as it has in the Act; ‘Financial Year’ means a financial accounting period ending 30 June; ‘Full Member’ means an Australian legal practitioner who is a full member of the Law Institute of Victoria; ‘Government Legal Practitioner’ has the same meaning as it has in the Legal Profession Uniform Law (Victoria) 3; ‘Incorporated Legal Practice’ means an incorporated legal practice within the meaning of the Legal Profession Uniform Law
(Victoria) that is a member of the Law Institute of Victoria 4; ‘Law Practice’ has the same meaning as it has in the Legal Profession Uniform Law (Victoria) 5; ‘Legal Services’ has the same meaning as it has in the Legal Profession Uniform Law (Victoria) 6; ‘Occupational Liability’ has the same meaning as it has in the Act 7; ‘Participating Members’ means those persons specified in clause 2.1 of the Scheme; ‘Principal’ has the same meaning as it has in the Legal Profession Uniform Law (Victoria) 8; ‘Relevant Time’ means the time at which an act or omission in relation to the provision of legal services occurred, upon which
a cause of action was founded; and ‘Total Annual Fee Income’ means the amount charged during a Financial Year for services provided by or on behalf of a Law
Practice some of whose members are Participating Members.
1 Refer Legal Profession Uniform Law Application Act 2014 s4 2 Refer Legal Profession Uniform Law Application Act 2014 s4 3Refer Legal Profession Uniform Law Application Act 2014 s4 4 Refer Legal Profession Uniform Law Application Act 2014 s4 5 Refer Legal Profession Uniform Law Application Act 2014 s4 6 Refer legal Profession Uniform Law Application Act 2014 s4 7 Refer Legal Profession Uniform Law Application Act 2014 s4 8 Refer Legal Profession Uniform Law Application Act, 2014, (Vic)
14 April 2016 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 1159 2. Persons to Whom the Scheme Applies 2.1 The Scheme applies to: 2.1.1 Full Members who hold a current Australian Practising Certificate who are not excluded or exempted under clauses 2.2.
or 2.3. of the Scheme; 2.1.2. Incorporated Legal Practices; 2.1.3. all persons to whom, by virtue of sections 20, 21 or 22 of the Act 9, the Scheme applies; 2.1.4. all persons to whom clause 2.1.1. applied at the Relevant Time but no longer applies; 2.1.5. all corporations to which clause 2.1.2. applied at the Relevant Time but no longer applies; 2.1.6. all persons to whom clause 2.1.3 applied at the Relevant Time but no longer applies. 2.2 Despite clause 2.1, the Scheme does not apply to a Corporate Legal Practitioner or to a Government Legal Practitioner. 2.3 A person or corporation referred to in clause 2.1 may, on application, be exempted from participation in the Scheme by the
LIV. This clause does not apply to persons to whom the Scheme applies by virtue of sections 20 or 21 of the Act. 3. Limitation of Liability 3.1 The Scheme limits the Occupational Liability of a Participating Member for Damages 10: 3.1.1 arising from a single claim founded on the act or omission in relation to the provision of legal services; and 3.1.2 to the extent those Damages exceed $1.5 million for Participating Members in Class 1 or Class 2 of the table in clause
3.3, or as the case may be, $10 million for Participating Members in Class 3 or Class 4 of the table in clause 3.3. 3.1.3 the Scheme does not limit liability in respect of damages arising from the death of or personal injury to a person, any
negligence or other fault of an Australian legal practitioner in acting for a client in a personal injury claim; a breach of trust or fraud or dishonesty or matters which may be the subject of proceedings under s110 of the Transfer of Land Act 1958 (Vic).
3.2 If a Participating Member against whom a claim relating to Occupational Liability is brought, is able to satisfy the Court that— 3.2.1 the Participating Member has the benefit of an insurance policy or policies insuring him or her against the Occupational
Liability to which the claim relates; and 3.2.2 the amount payable under the policy or policies in respect of that Occupational Liability 11 is not less than the amount of
the monetary ceiling (maximum amount of liability) specified in the third column of the table in clause 3.3 as applying to such Participating Member to which the cause of action relates—
the Participating Member is not liable in Damages in relation to that claim above the amount of that monetary ceiling. 3.3 The monetary ceiling applicable for the purposes of limitation of liability under the Scheme at the Relevant Time is to be
determined according to the table below—
Class Description Monetary ceiling
1 Participating Members who were at the Relevant Time in a Law Practice consisting of up to and including 20 Principals and where the Law Practice generated Total Annual Fee Income for the Financial Year at the Relevant Time up to and including $10 million.
$1.5 million
2 Any Participating Member which was at the Relevant Time an Incorporated Legal Practice consisting of up to and including 20 Principals and where the Law Practice generated Total Annual Fee Income for the Financial Year at the Relevant Time up to and including $10 million.
$1.5 million
3 (a) Participating Members who were at the Relevant Time in a Law Practice consisting of greater than 20 Principals; or
(b) Participating Members who were at the Relevant Time in a Law Practice where the Law Practice generated Total Annual Fee Income for the Financial Year at the Relevant Time greater than $10 million.
$10 million
4 (a) Any Participating Member which was at the Relevant Time an Incorporated Legal Practice consisting of greater than 20 Principals; or
(b) Any Participating Member which was at the Relevant Time a Law Practice where the Law Practice generated Total Annual Fee Income for the Financial Year at the Relevant Time greater than $10 million.
$10 million
9 Sections 20 and 21 of the Act provide that if the Scheme applies to a body corporate, the Scheme also applies to each officer of the body corporate and if the Scheme applies to a person, the Scheme also applies to each partner of a person, and if the Scheme applies to a person, the Scheme also applies to each employee of that person, provided that if such officer of the corporation or partner of the person or employee of the person is entitled to be a member of the same occupational association, such officer, partner or employee is a member of the occupational association. Section 22 provides that the Scheme also applies to other persons prescribed by the regulations for the purposes of s 31(4) as being associated with persons to whom a scheme applies. 10 Damages as defined in section 4 of the Act means:
a. damages awarded in respect of a claim or counter-claim or by way of set-off; or b. costs in or in relation to the proceedings ordered to be paid in connection with such an award (other than costs incurred in enforcing a judgment or incurred on
an appeal made by a defendant); or c. any interest payable on the amount of those damages or costs.
11 Section 4(2) of the Act provides that a reference in the Act ‘to the amount payable under an insurance policy in respect of an occupational liability includes a reference to - ‘defence costs payable in respect of a claim, or notification that may lead to a claim (other than reimbursement of the defendant for the time spent in relation to the claim), but only if those costs are payable out of the one sum insured under the policy in respect of the occupational liability; and the amount payable under or in relation to the policy by way of excess’.
1160 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 14 April 2016 3.4 Notwithstanding anything to the contrary contained in this scheme if, in particular circumstances giving rise to occupational
liability, the liability of any person who is subject to this scheme should be capped both by this scheme and also by any other scheme under professional standards legislation (whether of this jurisdiction or under the law of any other Australian state or territory) and, if the amount of such caps should differ, then the cap on the liability of such person arising from such circumstances which is higher shall be the applicable cap.
4. Conferral of Discretional Authority 4.1 The LIV has discretionary authority, on application by a Participating Member, to specify in relation to the Participating
Member, a higher maximum amount of liability (monetary ceiling) than would otherwise apply under the Scheme in relation to him, her or it either in all cases or in any specified case or class of case.
4.2 If, in the exercise of its discretion under clause 4.1, the LIV has specified a higher maximum amount of liability (monetary ceiling) than would otherwise apply under the Scheme in relation to a Participating Member, the maximum amount of liability (monetary ceiling) in relation to that Participating Member is that higher maximum amount.
5. Duration 5.1 The Scheme is intended to remain in force for a period of five (5) years from its commencement, subject to s34 of the Act.
14 April 2016 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 1161
PROFESSIONAL STANDARDS ACT 2004 The Australian Property Institute Valuers Limited Scheme
PURSUANT to Section 14 of the Professional Standards Act 2004, I authorise the publication in the Gazette of The Australian Property Institute Valuers Limited Scheme. Pursuant to Section 15 (1) (a) of the Professional Standards Act 2004, I specify 1 September 2016 as the date of commencement of The Australian Property Institute Valuers Limited Scheme. Dated 1 April 2016.
JOHN RAU, Attorney-General
PROFESSIONAL STANDARDS ACT 1994 (NSW) The Australian Property Institute Valuers Limited Scheme
Preamble A. The Australian Property Institute Valuers Limited (APIV) is an occupational association. B. The APIV has made an application to the Professional Standards Council (PSC), constituted under the Professional Standards Act
1994 (NSW) (the Act), for a scheme under the Act. C. The scheme is prepared by the APIV for the purposes of limiting occupational liability to the extent to which such liability may
be limited under the Act. D. The APIV has furnished the PSC with a detailed list of the risk management strategies intended to be implemented in respect of
its members and the means by which those strategies are intended to be implemented. E. The APIV has furnished the PSC with APIV insurance standards with which members must comply for purposes of this
scheme. F: The scheme is intended to remain in force for five (5) years from its commencement unless, prior to that time, it is revoked, its
operation ceases, or it is extended pursuant to Section 32 of the Act. The Australian Property Institute Valuers Limited Scheme
1. Occupational Association 1.1 The Australian Property Institute Valuers Limited Scheme (the scheme) is a scheme under the Act prepared by the APIV whose
business address is: 6 Campion Street, Deakin ACT 2600 1.2 The scheme is intended to operate in New South Wales, the Australian Capital Territory, the Northern Territory, Queensland,
South Australia, Victoria and Western Australia. 1.3 The scheme is intended to limit occupational liability by insurance arrangements pursuant to s21 of the Act. The relevant
insurance arrangements are the APIV Insurance Standards.1 2. Persons to Whom the Scheme Applies2 2.1 The scheme applies to all members of the APIV who or which comply with the requirements of the APIV and the insurance
requirements set out in Clause 3.2, unless exempted by the APIV. 2.2 This scheme also applies to all persons to whom the scheme applied under Clause 2.1 at the time of any act or omission giving
rise to occupational liability.3 2.3 The APIV may, on application by a member to whom this scheme applies, exempt the member from the scheme provided that
the scheme does not apply to the person by operation of ss.18, 19 or 20 of the Act.
1 These are published on the API website at http://www.api.org.au/menuitem/limitations-liability-scheme/apiv-ltd 2 Sections 18 and 19 of the Act provide that if the scheme applies to a body corporate, the scheme also applies to each officer of the body corporate and if the scheme applies to a person, the scheme also applies to each partner of the person, and if the scheme applies to a person the scheme also applies to each employee of the person, provided that if such officer of the corporation or partner of the person or employee of the person is entitled to be a member of the same occupational association, such officer, partner or employee is a member of the occupational association. Section 20 provides that the scheme may also apply to other persons as specified in that section. Section 20A extends the limitation of liability of persons to whom the scheme applies by virtue of sections 18 to 20. 3 For the purposes of the operation of the scheme in New South Wales, "occupational liability" has the same meaning as it has in the Act and excludes any liability which may not from time to time be limited pursuant to the Act. Similarly, for the purposes of the operation of the scheme in other jurisdictions in which it applies, "occupational liability’ has the same meaning as it has in the corresponding legislation of those jurisdictions and excludes any liability which may not from time to time be limited pursuant to that legislation. Occupational liability is defined in s4(1) of the Act to mean ‘civil liability arising (in tort, contract or otherwise) directly or vicariously from anything done or omitted by a member of an occupational association acting in the performance of his or her occupation’. However, s5(1) of the Act provides that the Act does not ap ply to liability for damages arising from the death of or personal injury to a person, a breach of trust or fraud or dishonesty. [Note: All jurisdictions other than NSW an d WA exclude a lawyer acting in a personal injury matter.] Section 5(2) of the Act also provides that the Act does not apply to liability which may be the subject of proceedings under Part 13 or 14 of the Real Property Act 1900 (NSW).
1162 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 14 April 2016 3. Limitation of Liability 3.1 This scheme only affects the liability for damages4 arising from a single cause of action to the extent to which the liability
results in damages exceeding $1 000 000. 3.2 If a person or corporation, who or which was at the time of the act or omission giving rise to occupational liability, a person or
corporation to whom this scheme applied and against whom a proceeding relating to occupational liability is brought, is able to satisfy the court that such person or corporation has the benefit of a Professional Indemnity Insurance Policy:
(a) of a kind which complies with the APIV Insurance Standards, (b) insuring such person or corporation against the occupational liability to which the cause of action relates, and (c) under which the amount payable in respect of that occupational liability is not less than the monetary ceiling specified in
the 4th column (entitled “Monetary Ceiling”) of the table in Clause 3.3 of this scheme relating to the class of person and the kind of work to which the cause of action relates,
that person or corporation is not liable in damages in relation to that cause of action above the monetary ceiling specified in this scheme.
3.3 The monetary ceiling (maximum amount of liability) required for the purposes of limitation of liability under this scheme at the time at which the act or omission giving rise to the cause of action occurred is to be determined according to the following table:
Class Description Upper End Value Monetary Ceiling 5
1 Category A Member $0.0 million to < $3.0 million $1.0 million
2 Category B Member $3.0 million to < $5.0 million $2.0 million
3 Category C Member $5.0 million to < $10.0 million $3.0 million
43 Category D Member $10.0 million to < $15.0 million $4.0 million
5 Category E Member $15.0 million to < $40.0 million $5.0 million
6 Category F Member $40.0 million > $10.0 million
3.4 Clause 3.2 only affects liability for damages arising from a single cause of action to the extent to which the liability in damages exceeding such amount as is specified in Clause 3.1.
3.5 This scheme limits the occupational liability in respect of a cause of action founded on an act or omission occurring during the period when the scheme was in force of any person to whom the scheme applied at the time the act or omission occurred.
3.6 This scheme does not limit the occupational liability of a member in the event the member does not have the benefit of a Professional Indemnity Insurance Policy in accordance with Clause 3.2 at the time the act or omission occurred.
4. Conferral of Discretionary Authority 4.1 Pursuant to section 24 of the Act, this scheme confers on the APIV a discretionary authority to specify, on application by a
member to whom the scheme applies, in relation to that person a higher monetary ceiling (maximum amount of liability) not exceeding $20 million, in relation to the person either in all cases or in any specified case or class or case.
5. Definitions 5.1 Relevant definitions for the purposes of the scheme are as follows: ‘APIV’ means the Australian Property Institute Valuers Limited. ‘APIV Insurance Standards’ mean the insurance standards approved by the APIV. ‘Category A Member’ means a person who is a member of the APIV to whom the scheme applies and who is: (a) a sole trader whose Upper End Value is less than $3 million; (b) an individual or corporation who is a member of a partnership whose Upper End Value is less than $3 million; or (c) a corporation whose Upper End Value is less than $3 million; ‘Category B Member’ means a person who is a member of the APIV to whom the scheme applies and who is: (a) a sole trader whose Upper End Value is $3 million or more but less than $5 million; (b) an individual or corporation who is a member of a partnership whose Upper End Value is $3 million or more but less
than $5 million; or (c) a corporation whose Upper End Value is $3 million or more but less than $5 million; ‘Category C Member’ means a person who is a member of the APIV to whom the scheme applies and who is: (a) a sole trader whose Upper End Value is $5 million or more but less than $10 million; (b) an individual or corporation who is a member of a partnership whose Upper End Value is $5 million or more but less
than $10 million; or (c) a corporation whose Upper End Value is $5 million or more but less than $10 million.
4 Damages as defined in section 4(1) of the Act means (a) damages awarded in respect of a claim or counter -claim or claim by way of set-off and (b) costs in or in relation to the proceedings ordered to be paid in connection with such an award (other than costs incurred in enforcing a judgment or incurred on an appeal made by a defendant), and (c) any interest payable on the amount of those damages or costs 5 Pursuant to the APIV Insurance Standards, there must be at least one automatic reinstatement where the policy limits the aggregate of claims
14 April 2016 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 1163 ‘Category D Member’ means a person who is a member of the APIV to whom the scheme applies and who is: (a) a sole trader whose Upper End Value is $10 million or more but less than $15 million; (b) an individual or corporation who is a member of a partnership whose Upper End Value is $10 million or more but less
than $15 million; or (c) a corporation whose Upper End Value is $10 million or more but less than $15 million. ‘Category E Member’ means a person who is a member of the APIV to whom the scheme applies and who is: (a) a sole trader whose Upper End Value is $15 million or more but less than $40 million; (b) an individual or corporation who is a member of a partnership whose Upper End Value is $15 million or more but less
than $40 million; or (c) a corporation whose Upper End Value is $15 million or more but less than $40 million. ‘Category F Member’ means a person who is a member of the APIV to whom the scheme applies and who is: (a) a sole trader whose Upper End Value is $40 million or more; (b) an individual or corporation who is a member of a partnership whose Upper End Value is $40 million or more; or (c) a corporation whose Upper End Value is $40 million or more. ‘most recent 12 month period’ means the 12 months prior to the date and time of inception of the member's Professional
Indemnity Insurance Policy. ‘Professional Indemnity Insurance Policy’ means a policy of insurance that provides cover for the member in compliance with
the APIV Insurance Standards. ‘the Act’ means the Professional Standards Act 1994 (NSW). ‘Upper End Value’ means the highest valuation performed by the relevant member in the most recent 12 month period. 6. Duration 6.1 This scheme will commence on 1 September 2016 and will be in force for a period of five (5) years from the date of
commencement. 6.2 In the event the scheme, or a Notice relating to the scheme, is published in the Gazette of any jurisdiction after the
commencement date, the scheme will commence on such day 2 months after the date of its publication in that jurisdiction. 7. Miscellaneous 7.1 Notwithstanding anything to the contrary contained in this scheme, if in particular circumstances giving rise to occupational
liability, the liability of any person who is subject to this scheme should be capped by both this scheme and also by any other scheme under Professional Standards legislation (whether of this jurisdiction or under the law of any other Australian state or territory) and if the amount of such caps should differ, then the cap on the liability of such person arising from such circumstances which is higher shall be the applicable cap.
1164 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 14 April 2016
GOVERNMENT GAZETTE ADVERTISEMENT RATES
To apply from 1 July 2015
$ Agents, Ceasing to Act as .................................................... 51.00 Associations: Incorporation ................................................................... 26.00 Intention of Incorporation ................................................ 64.00 Transfer of Properties ...................................................... 64.00 Attorney, Appointment of .................................................... 51.00 Bailiff’s Sale ........................................................................ 64.00 Cemetery Curator Appointed ............................................... 37.75 Companies: Alteration to Constitution ................................................ 51.00 Capital, Increase or Decrease of ...................................... 64.00 Ceasing to Carry on Business .......................................... 37.75 Declaration of Dividend ................................................... 37.75 Incorporation ................................................................... 51.00 Lost Share Certificates: First Name .................................................................... 37.75 Each Subsequent Name ................................................ 13.00 Meeting Final ................................................................... 42.50 Meeting Final Regarding Liquidator’s Report on Conduct of Winding Up (equivalent to ‘Final Meeting’) First Name .................................................................... 51.00 Each Subsequent Name ................................................ 13.00 Notices: Call ............................................................................... 64.00 Change of Name........................................................... 26.00 Creditors....................................................................... 51.00 Creditors Compromise of Arrangement ....................... 51.00 Creditors (extraordinary resolution that ‘the
Company be wound up voluntarily and that a liquidator be appointed’) .......................................... 64.00
Release of LiquidatorApplicationLarge Ad. ......... 101.00 Release Granted ..................... 64.00
Receiver and Manager Appointed ................................ 58.50 Receiver and Manager Ceasing to Act ......................... 51.00 Restored Name ............................................................. 47.75 Petition to Supreme Court for Winding Up .................. 88.50 Summons in Action ...................................................... 75.50 Order of Supreme Court for Winding Up Action ......... 51.00 Register of InterestsSection 84 (1) Exempt .............. 114.00 Removal of Office ........................................................ 26.00 Proof of Debts .............................................................. 51.00 Sales of Shares and Forfeiture ...................................... 51.00 Estates: Assigned .......................................................................... 37.75 Deceased PersonsNotice to Creditors, etc. ................... 64.00 Each Subsequent Name ................................................ 13.00 Deceased PersonsClosed Estates .................................. 37.75 Each Subsequent Estate ................................................ 1.70 Probate, Selling of ........................................................... 51.00 Public Trustee, each Estate .............................................. 13.00
$ Firms: Ceasing to Carry on Business (each insertion) ................. 33.75 Discontinuance Place of Business.................................... 33.75 LandReal Property Act: Intention to Sell, Notice of ............................................... 64.00 Lost Certificate of Title Notices ...................................... 64.00 Cancellation, Notice of (Strata Plan) ............................... 64.00 Mortgages: Caveat Lodgement ........................................................... 26.00 Discharge of..................................................................... 27.25 Foreclosures ..................................................................... 26.00 Transfer of ....................................................................... 26.00 Sublet ............................................................................... 13.00 LeasesApplication for Transfer (2 insertions) each ......... 13.00 Lost Treasury Receipts (3 insertions) each .......................... 37.75 Licensing ............................................................................. 75.50 Municipal or District Councils: Annual Financial StatementForms 1 and 2 .................. 712.00 Electricity SupplyForms 19 and 20 .............................. 506.00 Default in Payment of Rates: First Name ................................................................... 101.00 Each Subsequent Name ................................................ 13.00 Noxious Trade ..................................................................... 37.75 Partnership, Dissolution of .................................................. 37.75 Petitions (small) ................................................................... 26.00 Registered Building Societies (from Registrar-General) ..... 26.00 Register of Unclaimed MoneysFirst Name ...................... 37.75 Each Subsequent Name ................................................... 13.00 Registers of MembersThree pages and over: Rate per page (in 8pt) ...................................................... 324.00 Rate per page (in 6pt) ...................................................... 428.00 Sale of Land by Public Auction ........................................... 64.50 Advertisements .................................................................... 3.60 ¼ page advertisement .......................................................... 151.00 ½ page advertisement .......................................................... 302.00 Full page advertisement ....................................................... 591.00 Advertisements, other than those listed are charged at $3.60 per column line, tabular one-third extra. Notices by Colleges, Universities, Corporations and District Councils to be charged at $3.60 per line. Where the notice inserted varies significantly in length from that which is usually published a charge of $3.60 per column line will be applied in lieu of advertisement rates listed. South Australian Government publications are sold on the condition that they will not be reproduced without prior permission from the Government Printer.
All the above prices include GST
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14 April 2016 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 1165
MISCELLANEOUS LEGISLATION AND GOVERNMENT PUBLICATIONS PRICES AS FROM 1 JULY 2015 Acts, Bills, Rules, Parliamentary Papers and Regulations
Pages Main Amends Pages Main Amends
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Legislation—Acts, Regulations, etc.: $ Subscriptions: Acts ........................................................................................................................................................................................ 265.00 All Bills as Laid ..................................................................................................................................................................... 639.00 Rules and Regulations ............................................................................................................................................................ 639.00 Parliamentary Papers .............................................................................................................................................................. 639.00 Bound Acts ............................................................................................................................................................................. 295.00 Index ...................................................................................................................................................................................... 148.00
Government Gazette Copy ....................................................................................................................................................................................... 7.00 Subscription ........................................................................................................................................................................... 353.00
Hansard Copy .......................................................................................................................................................................................... 19.40 Subscription—per session (issued weekly) ................................................................................................................................ 552.00 Cloth bound—per volume .......................................................................................................................................................... 238.00 Subscription—per session (issued daily) ................................................................................................................................... 552.00
Legislation on Disk Whole Database ..................................................................................................................................................................... 4 099.00 Annual Subscription for fortnightly updates .......................................................................................................................... 1 260.00 Individual Act(s) including updates ....................................................................................................................................... POA
Notice of Vacancies Annual Subscription .................................................................................................................................................................. 200.00
Compendium Subscriptions: New Subscriptions ................................................................................................................................................................. 2 427.00 Updates .................................................................................................................................................................................. 857.00
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Online Shop: service.sa.gov.au Subscriptions, Government Publishing SA Standing Orders Plaza Level, Riverside Centre, North Terrace, Adelaide, S.A. 5000 and Counter Sales: Phone: (08) 8207 1043, (08) 8207 0908, Fax: (08) 8207 1040 Email: [email protected]
1166 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 14 April 2016
South Australia
Administrative Arrangements (Interpretative Provision) Proclamation 2016 under section 8 of the Administrative Arrangements Act 1994
1—Short title This proclamation may be cited as the Administrative Arrangements (Interpretative Provision) Proclamation 2016.
2—Commencement This proclamation comes into operation on the day on which it is made.
3—Interpretative provision (1) A reference to a Minister in a contract, or an agreement or other document, made or entered
into before the effective date in connection with the delivery of the Medical Technologies Program will have effect as if it were a reference to the Minister for Health Industries.
(2) In this clause—
effective date means the date on which this proclamation is made.
Made by the Governor with the advice and consent of the Executive Council on 14 April 2016. DPC16/036CS
14 April 2016 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 1167
South Australia
Criminal Law Consolidation (General) Variation Regulations 2016 under the Criminal Law Consolidation Act 1935
Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Variation provisions
Part 2—Variation of Criminal Law Consolidation (General) Regulations 2006 4 Variation of regulation 3A—Prescribed occupations and employment—aggravated offences
Part 1—Preliminary 1—Short title
These regulations may be cited as the Criminal Law Consolidation (General) Variation Regulations 2016.
2—Commencement These regulations will come into operation on 22 April 2016.
3—Variation provisions In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.
Part 2—Variation of Criminal Law Consolidation (General) Regulations 2006
4—Variation of regulation 3A—Prescribed occupations and employment—aggravated offences
(1) Regulation 3A(1)—after "section 5AA(1)(k)(ii)" insert:
of the Act
(2) Regulation 3A(1)—after paragraph (d) insert:
(e) passenger transport work.
1168 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 14 April 2016
(3) Regulation 3A(2)—after the definition of medical practitioner insert:
passenger transport service has the same meaning as in the Passenger Transport Act 1994;
passenger transport work means—
(a) work consisting of driving a public passenger vehicle for the purposes of a passenger transport service; or
(b) work undertaken as an authorised officer appointed under section 53 of the Passenger Transport Act 1994; or
(c) work undertaken as an authorised person under Part 4 Division 2 Subdivision 2 of the Passenger Transport Regulations 2009;
public passenger vehicle has the same meaning as in the Passenger Transport Act 1994.
Note—
As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.
Made by the Governor with the advice and consent of the Executive Council on 14 April 2016
No 21 of 2016 AGO0048/16CS
14 April 2016 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 1169
South Australia
Public Corporations (Education Adelaide) Variation Regulations 2016 under the Public Corporations Act 1993
Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Variation provisions
Part 2—Variation of Public Corporations (Education Adelaide) Regulations 2011 4 Variation of regulation 3—Interpretation
Part 1—Preliminary 1—Short title
These regulations may be cited as the Public Corporations (Education Adelaide) Variation Regulations 2016.
2—Commencement These regulations come into operation on the day on which they are made.
3—Variation provisions In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.
Part 2—Variation of Public Corporations (Education Adelaide) Regulations 2011
4—Variation of regulation 3—Interpretation Regulation 3, definition of Minister—delete the definition and substitute:
Minister means the Minister for Investment and Trade;
1170 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 14 April 2016
Note—
As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.
Made by the Governor with the advice and consent of the Executive Council on 14 April 2016
No 22 of 2016 DPC16/036CS
14 April 2016 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 1171
RULES OF COURT Supreme Court Civil Rules 2006
Amendment No. 31 BY virtue and in pursuance of Section 72 of the Supreme Court Act 1935 and all other enabling powers. We, Judges of the Supreme Court of South Australia, make the following Supreme Court Civil Rules 2006 (Amendment No. 31). 1. These Rules may be cited as the Supreme Court Civil Rules 2006, (Amendment No. 31). 2. The amendments made by these Rules come into effect on 1 May 2016 or the date of their gazettal, whichever is later. 3. The Supreme Court Civil Rules 2006 are amended as set out below. 4. Rule 37 is amended by inserting at the end immediately after subrule 37 (4): “(5) A combined cross action and third party action may be in the same
document as any defence filed by the party bringing the combined cross action and third party action.”
5. Rule 71 is amended by: (a) deleting subrule (1) and substituting: “(1) A document served by post is taken to have been served four business
days after the date on which it was posted.” (b) inserting at the end immediately after subrule (5): “(6) The presumptions created by the foregoing subrules may be rebutted by
evidence to the contrary about whether a document was actually received or when it was actually received by the recipient.”
6. The following is substituted for rule 173 (1): “(1) A subpoena under rule 173 of the Rules: (a) to attend to give evidence is to be in an approved form; (b) to produce any document or thing is to be in an approved form; (c) to do both those things is to be in an approved form.” 7. Rule 188A (5) is amended by inserting “to” between “time decide”. 8. Rules 188H (3) and 188I (3) are amended by substituting “188A” for “188B”. 9. Rule 361 (1) is amended under the ‘registration applicant’ paragraph to insert the words “and/or a practising certificate” after admission in the first line and inserting the words “for registration” after “applying”. 10. Rule 379 (1) is amended by inserting the words “/or” after the words “of the Court and”. 11. Rule 380 (1) is amended by inserting the words “who is not already admitted as a barrister and solicitor of the Supreme Court,” after the word “Acts”. 12. Rule 381 (1) is amended by inserting the words “or is already admitted as a barrister and solicitor of the Supreme Court,” after the words “under this Part”. GIVEN under our hands and the Seal of the Supreme Court of South Australia this 29th day of February 2016.
C KOURAKIS, CJ J. R. SULAN, J
P. KELLY, J D. H. PEEK, J M. F. BLUE, J
T. L. STANLEY, J K. G. NICHOLSON, J
A. E. BAMPTON, J G. J. PARKER, J D. C. LOVELL, J
S. DOYLE, J
1172 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 14 April 2016
RULES OF COURT Supreme Court Civil Supplementary Rules 2014
(Amendment No. 5)
BY virtue and in pursuance of Section 72 of the Supreme Court Act 1935 and all other enabling powers. We, Judges of the Supreme Court of South Australia, make the following Supreme Court Civil Supplementary Rules 2014 (Amendment No. 5). 1. These Rules may be cited as the Supreme Court Civil Supplementary Rules 2014 (Amendment No. 5). 2. The amendments made by these Rules come into effect on 1 May 2016 or the date of their gazettal, whichever is later. 3. The Supreme Court Civil Supplementary Rules 2014 are amended as set out below. 4. Supplementary rules 37 and 69 are amended by substituting ‘form 20’ for ‘form 18’. 5. Supplementary rule 38 is amended by substituting ‘form 9A’ for ‘form 8’ and ‘statement of claim/third party claim’ for ‘counterclaim’. 6. A new supplementary rule 69A is inserted immediately after supplementary rule 69 as follows: ‘69A—Combined counterclaim and third party claim (1) A combined counterclaim and third party claim under rules 38, 91
and 98 of the Rules is to be in form 9A accompanied by a statement of claim in form 20.
(2) A combined counterclaim and third party claim may repeat in the appropriate Part matters pleaded in the statement of claim in the primary action or in an earlier generation secondary action.’
7. Supplementary rule 85 is amended by inserting at the end immediately after subrule (4) the following: ‘(5) A judicial or administrative officer presiding over a settlement conference
has power to make orders and give directions incidental to and for the purpose of the conference including power to adjourn the conference. However, parties and practitioners are to be ready to proceed on the date and at the time fixed for the conference. Ordinarily an action will proceed to trial as soon as practicable after the settlement conference, if unsuccessful, and adjournments will not be normally be granted in the exercise of the discretion of the presiding officer other than in exceptional circumstances.’
8. The following is substituted for supplementary rule 175’ ‘175—Form of subpoena A subpoena under rule 173 of the Rules: (a) to attend to give evidence is to be in form 34A; (b) to produce any document or thing is to be in form 34B; (c) to do both those things is to be in form 34C.’ 9. Supplementary rule 337 is amended as follows. (a) New paragraph (1) is inserted before existing paragraph (1) as follows: ‘(1) As soon as practicable after 30 June in each year, the Chief Justice
will meet with the Judges and Masters of the Supreme Court to have preliminary discussion about the applications.’
(b) Existing paragraph (1) is renumbered as paragraph (2) and subsequent paragraphs are renumbered accordingly.
(c) In renumbered paragraph (2) the word ‘after’ is replaced with the word ‘thereafter’ and the words ‘providing a copy of the applications’ are deleted.
14 April 2016 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 1173
(d) In renumbered paragraph (2) a new paragraph (a) is inserted as follows: ‘two Judges of the Supreme Court selected by the Chief Justice;’ and the subsequent paragraphs are renumbered accordingly. (d) In renumbered paragraph (3) the existing wording of paragraph (a) is
deleted and the following substituted: ‘two Judges of the Supreme Court selected by the Chief Justice;’ (e) Existing paragraph (3) is deleted. 10. Supplementary rule 338(1) is amended by inserting ‘the Judges of the Supreme Court, subject to a power of veto by’ before ‘the Chief Justice’ and inserting ‘the Chief Justice’ before ‘will inform’. 11. Forms 8, 20 and 35 in the Schedule are substituted for existing forms 8, 20 and 35 in Schedule 3 to the Supreme Court Civil Supplementary Rules 2014. 12. New form 9A in the Schedule is inserted in Schedule 3 to the Supreme Court Civil Supplementary Rules 2014 immediately after form 9. 13. Form 34 in Schedule 3 to the Supreme Court Civil Supplementary Rules 2014 is deleted. 14. New forms 34A, 34B and 34C in the Schedule are inserted in Schedule 3 to the Supreme Court Civil Supplementary Rules 2014 immediately after form 33. 15. New form 95A in the Schedule is substituted for existing form 95A in the Schedule 3 to the Supreme Court Civil Supplementary Rules 2014. GIVEN under our hands and the Seal of the Supreme Court of South Australia this 29th day of February 2016.
C. KOURAKIS, CJ J. R. SULAN, J
P. KELLY, J D. H. PEEK, J M. F. BLUE, J
T. L. STANLEY, J K. G. NICHOLSON, J
A. E. BAMPTON, J G. J. PARKER, J D. C. LOVELL, J
S. DOYLE, J
1174 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 14 April 2016
THE S CHEDULE
Form 8
Rule 35(2)
Cross action by counterclaim
CROSS ACTION BY COUNTERCLAIM
TO THE DEFENDANT TO CROSS ACTION: (name of defendant to counterclaim who must be an existing party in the action) of (address)
The (role of party), (name) makes a counterclaim against you or which may affect you. Details of the claim and relief sought are contained in the accompanying Statement of Counterclaim/Affidavit (delete whichever is inapplicable).
Action required If you wish to defend the claim, you must file a Defence/answering Affidavit (delete whichever is inapplicable) within 28 calendar days after service of the Statement of Counterclaim/Affidavit relied on by the Cross Claimant (delete whichever is inapplicable) on you.
If a Defence/answering Affidavit (delete whichever is inapp licable) is not filed within the time stated, you will not be entitled to challenge the (role ofparty)'s claim against you and you will be taken to have admitted the (role ofparty)'s claim against you. A judgment in respect of such liability may be given against you in your absence and without further notice.
Endorsements Cross Action issued pursuant to section (number) of the (Act)/rule (number) of the Supreme Court Civil Rules 2006 (delete whichever is inapplicable).
This Cross Action has the following endorsements under section (number) of the (Act)/rule (number) of the Supreme Court Civil Rules 2006 (delete whichever is inapplicable):
Orders sought (delete this section if statement of claim filed)
On the grounds stated in the accompanying affidavit, the Cross Claimant seeks the following orders:
(state briefly but specifica11y the orders sought)
Accompanying documents
This summons must be accompanied by a Statement of Counterclaim or Affidavit in lieu of pleading.
14 April 2016 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 1175
(see form 20)
1176 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 14 April 2016
Form9A
Rule 37(1)
Cross action and third party action
CROSS ACTION AND THIRD PARTY ACTION
PART 1 CROSS ACTION
TO THE DEFENDANT TO CROSS ACTION: (name of defendant to counterclaim who IS an e.:dsting party in the action) of (address)
The (role of party), (name) makes a counterclaim against you or which may affect you. Details of the claim and relief sought are contained in the accompanying Statement of Counterclaim/Affidavit (delete whichever is inapplicable).
Action required If you wish to defend the claim, you must file a Defence/answering Affidavit (delete whichever is inapplicable) within 28 calendar days after service of the Statement of Counterclaim/Affidavit relied on by the Cross Claimant (delete whichever is inapplicable) on you.
If a Defence/answering Affidavit (delete whichever is inapplicable) is not filed within the time stated, you will not be entitled to challenge the (role ofparty)'s claim against you and you will be taken to have admitted the (role ofparty)'s claim against you. A judgment in respect of such liability may be given against you in your absence and without further notice.
14 April 2016 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 1177
PART 2 THIRD PARTY ACTION
TO THE DEFENDANT TO THIRD PARTY ACTION: (name of defendant who is NOT an existing party in the action) of (address) .
The (role of party), (name) brings a third party action against you or which may affect you. Details of the claim and relief sought are contained in the accompanying Statement of Cmmterclaim/Affidavit (delete whichever is inapplicable).
Action required If you wish to defend the claim, you must:
(a) file a Notice of Address for Service within 14 calendar days after service of this Third Party Action on you; and
(b) file a Defence/answer ing Affidavit (delete whichever is inapplicable) within 28 calendar days after service of the Statement of Counterclaim/ Affidavit relied on by the Cross Claimant (delete whichever is inapplicable) on you.
If a Notice of Address for Service and a Defence/answering Affidavit (delete whichever is inapplicable) is not filed within the time stated, you will not be entitled to challenge the (role ofparty)'s claim against you and you will be taken to have admitted the (role ofparty)'s claim against you. A judgment in respect of such liability may be given against you in your absence and without further notice.
The Notice of Address for Service and Defence/answering Affidavit (delete whichever is inapplicable) must be filed at a Registry of the Court. If you do not have a solicitor, you may attend personally at a Registry to do this. A list of the Registry addresses may be obtained through the website of the Courts Administration Authority (www.courts.sa.gov.au) or by telephoning the Registry of the Court (8204 0289).
1178 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 14 April 2016
PART3 GENERAL
Endorsemen ts Cross Action and Third Party Action issued pursuant to section (number) of the (Act)/rule (number) of the Supreme Court Civil Rules 2006 (delete whichever is inapplicable).
This Cross Action and Third Party Action has the following endorsements under section (number) of the (Act)/rule (number) of the Supreme Court Civil Rules 2006 (delete whichever is inapplicable):
Orders sought (delete this section if statement of claim filed)
On the grounds stated in the accompanying affidavit, the Cross Claimant seeks the following orders:
(state briefly but specifically the orders sought)
Accompanying documents
This summons must be accompanied by a Statement of Counterclaim or Affidavit in lieu of pleading.
Ct·oss Claimant' s address
The Cross Claimant 's address for service is:
Place:
Email:
The Cross Claimant 's address is (if the cross claimant is an individual - place of residence or business; if the cross claimant is a cmporation - principal place of business).
Date:
Signed by (name) Cross Claimant/Cross Claimant's solicitor (delete whichever is inapplicable)
STATE:MENT OF COUNTERCLAIM/THIRD PARTY CLAIM
(see f orm 20)
14 April 2016 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 1179
Form 20
Rules 91, 98 and 99
Statement of counterclaim/third party claim
STATE:MENT OF COUNTERCLAIM/THIRD PARTY CLAIM (delete one if inapplicable)
Introduction (summarise the claim the subject of the counterclaim/third party claim in less than 50 words)
The causes of action relied on are: (list causes of action)
Part 1: Background and uncontroversial matters (plead background and facts or matters expected to be uncontroversial) (matters may be repeated fi"om the defence or another earlier generation pleading)
Part 2: Basis of causes of action and other material matters (plead the basis of each cause of action and material facts or matters on which each cause of action is based insofar as not addressed in Part 1) (matters may be repeated from the defence or another earlier generation pleading)
Part 3: Remedies and ancillary remedies (set out remedies and ancillary remedies sought)
Certificate:
This pleading is put forward in accordance with the instructions of the (role of party), (name) and it complies with the Supreme Court Civil Rules 2006.
Date:
Signed by (name) (role ofparty)l(role of party 's) solicitor (delete whichever is inapplicable)
1180 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 14 April 2016
Form 34A
SUBPOENA
TO: (name) of (address)
You are ordered to attend to give evidence - see next page for details.
Rule 173
Subpoena
Failure to comply with this subpoena without lawful excuse is a contempt of court and may result in your arrest.
Please read Notes I to 8 at the end of this subpoena.
The last date for service of this subpoena is (date) . (see Note 1)
(if applicable) The last date for service was fixed by order made by Justice (name) dated (date) .
FILED:
(Registry to p lace seal)
Issued at the request of (role of party), (name) whose address for service is :
Place: Email:
Details of subpoena
Date, time and place at which you must attend to give evidence, unless you receive notice of a later date or time from the issuing party, in which case the later date or time is substituted:
Date: Time: Place: Supreme Court of South Australia, 1 Gouger Street, Adelaide
You must continue to attend from day to day unless excused by the Court or the person
authorised to take evidence in this proceeding or until the hearing of the matter is completed.
14 April 2016 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 1181
NOTES
Last day for service 1. You need not comply with t:he subpoena unless it is served on you on or before the date
specified in the subpoena as the last date for service of the subpoena.
Informal service 2. Even if this subpoena has not been served personally on you, you must, nevertheless,
comply with its requirements, if you have, by the last date for service of the subpoena, actual knowledge of the subpoena and of its requirements.
Addressee a corporation 3. If the subpoena is addressed to a corporation, the corporation must comply with the
subpoena by its appropriate or proper officer.
Conduct money 4. You need not comply with the subpoena insofar as it requires you to attend to give
evidence unless conduct money sufficient to meet your reasonable expenses of attending as required by the subpoena is handed or tendered to you a reasonable time before the date on which your attendance is required.
Applications in relation to subpoena 5. You have the right to apply to the Court:
(a) for an order setting aside the subpoena (or a part of it) or for relief in respect of the subpoena; and
(b) for an order with respect to your claim for privilege, public interest immtmity or confidentiality in relation to any document or thing the subject of the subpoena.
Loss or expense of compliance 6. You may apply to the Court for an order that the issuing party pay an amount (in
addition to conduct money and any witness 's expenses) in respect of the loss or expense, including legal costs, reasonably incurred in complying with the subpoena.
Contempt of court- arrest 7. Failure to comply with a subpoena without lawful excuse is a contempt of court and
may be dealt with accordingly.
8. Note 7 is without prejudice to any power of the Court under any rules of the Court (including any mles of the Court providing for the arrest of an addressee who defaults in attendance in accordance with a subpoena) or otherwise, to enforce compliance with a subpoena.
For more information regarding attending Court, Court services and translation services visit www.courts.sa.gov.au
1182 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 14 April 2016
Fonn 34B
TO: (name) of (address)
SUBPOENA
Rule 173
Subpoena
You are ordered to produce this subpoena or a copy of it and the documents or things specified in the Schedule of documents - see next page for details.
Failure to comply with this subpoena without lawful excuse is a contempt of court and may result in your arrest.
Please read Notes 1 to 15 at the end of this subpoena.
The last date for service of this subpoena is (date). (see Note 1)
(if applicable) The last date for service was fixed by order made by Justice (name) dated (date) .
FILED:
(Registry to place seal)
Issued at the request of (role of party), (name) whose address for service is:
Place: Email:
Details of subpoena
You must comply with this subpoena: (a) by attending to produce this subpoena or a copy of it and the documents or things
specified in the Schedule of documents below at the date, time and place specified for attendance and production; or
(b) by delivering or sending this subpoena or a copy of it and the documents or things specified in the Schedule of documents below to the Registrar at the address below, or if there is more than one address below, at any one of those addresses, so that they are received not less than 2 clear business days before the date specified for attendance and production. (see Notes 5-11)
14 April 2016 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 1183
Date, time and place at which you must attend to produce the subpoena or a copy of it and documents or things unless you receive notice of a later date or time from the issuing party, in which case the later date or time is substituted:
Date: Time: Place: Supreme Court of South Australia, 1 Gouger Street, Adelaide
Address, or any address, to which the subpoena (or copy) and documents or things may be delivered or posted:
Supreme Court Civil Registry Lower Ground Floor Sir Samuel \Vay Building 241 - 259 Victoria Square Adelaide, South Australia, 5000
Schedule of documents The documents and things you must produce are as follows: (list the documents or things. attach list if insufficient .space)
1184 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 14 April 2016
NOTES
Last day for service 1. You need not comply with the subpoena unless it is served on you on or before the date
specified in the subpoena as the last date for service of the subpoena .
Informal service 2. Even if this subpoena has not been served personally on you, you must, nevertheless,
comply with its requirements, if you have, by the last date for service of the subpoena, actual knowledge of the subpoena and of its requirements.
Addressee a corpomtion 3. If the subpoena is addressed to a corporation, the corporation must comply with the
subpoena by its appropriate or proper officer.
Conduct money 4. You need not comply with the subpoena insofar as it requires you to attend at Court
unless conduct money sufficient to meet your reasonable expenses of attending as required by the subpoena is handed or tendered to you a reasonable time before the date on which your attendance is required.
Production of subpoena or copy of it and documents or things by delivery or post 5. Insofar as this subpoena requires production of the subpoena (or a copy of it) and a
document or thing, instead of attending to produce the subpoena (or a copy of it) and the document or thing, you may comply with the subpoena by delivering or sending the subpoena (or a copy of it) and the document or thing to the Registrar: (a) at the address specified in the subpoena for the purpose; or (b) if more than one address is so specified, at any one of those addresses; so that they are received not less than 2 clear business days before the date specified in the subpoena for attendance and production or, if you receive notice of a later date or time from the issuing party, before that later date or time.
Objection to inspection of the document or thing produced 6. If you object to a doctm1ent or thing produced in response to this subpoena being
inspected by a party to the proceeding or any other person, you must, at the time of production, notifY the Registrar in writing of your objection and of the grounds of your objection.
7. Unless the Court otherwise orders, if you do not object to a document or thing produced by you in response to the subpoena being inspected by any party to the proceeding, the Registrar may pennit the parties to the proceeding to inspect the docmnent or thing.
Production of a number of documents or things 8. If you produce more than one doctrment or thing, you must, if requested by the
Registrar, produce a list of the documents or things produced.
Production of copy instead of original 9. Insofar as the subpoena requires you to produce a document, you may produce a copy of
the document unless the subpoena specifically requires you to produce the original.
14 April 2016 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 1185
9A. A copy of a docmnent may be: (a) a photocopy; or (b) in any of the follow ing electronic fonnats :
.doc and .docx - Microsoft Word documents .pdf- Adobe Acrobat documents .xls and .xlsx - Microsoft Excel spreadsheets .jpg - image files .rtf- rich text fonnat .gif- graphics interchange fonnat . tif - tagged image fonnat.
Return o•· destruction of documents or copies 10. You may, at the time of production, inform the Court that any document or copy of a
document produced need not be retumed and may be destroyed.
11. If you have so informed the Court, the Registrar may destroy the document or copy instead of retuming it to you .
Applications in relation to subpoena 12. You have the right to apply to the Court:
(a) for an order setting aside the subpoena (or a part of it) or for relief in respect of the subpoena; and
(b) for an order with respect to your claim for privilege, public interest inm1tmity or confidentiality in relation to any document or thing the subject of the subpoena.
Loss or expense of compliance 13. You may apply to the Court for an order that the issuing party pay an amount (in
addit ion to conduct money and any witness 's expenses) in respect of the loss or expense, including legal costs, reasonably incurred in complying with the subpoena.
Contempt of court- arrest 14. Failure to comply with a subpoena without lawful excuse is a contempt of court and
may be dealt with accordingly.
15. Note 14 is without prejudice to any power of the Court under any mles of the Court (including any mles of the Court providing for the arrest of an addressee who defaults in attendance in accordance with a subpoena) or otherwise, to enforce compliance with a subpoena.
For more information regarding attending Court, Court services and translation services visit www. courts. sa. gov. au
1186 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 14 April 2016
Form 34C
TO: (name) of (address)
SUBPOENA
Rule 173
Subpoena
You are ot·dered to attend to give evidence and to produce this subpoena or a copy of it and the documents or things specified in the Schedule of documents - see next page for details.
Failure to comply with this subpoena without lawful excuse is a contempt of court and may result in your arrest.
Please read Notes 1 to 15 at the end of this subpoena.
The last date for service of this subpoena is (date). (see Note 1)
(if applicable) The last date for service was fixed by order made by Justice (name) dated (date).
FILED:
(Regis tty to place seal)
Issued at the request of(role of party), (name) whose address for service is:
Place: Email:
Details of subpoena
Insofar as you are required by this subpoena to attend to give evidence, you must attend as follows, unless you receive notice of a later date or time from the issuing party, in which case the later date or time is substituted:
Date: Time: Place: Supreme Court of South Australia, 1 Gouger Street, Adelaide
You must continue to attend from day to day tmless excused by the Court or the person
authorised to take evidence in this proceeding or until the hearing of the matter is completed.
14 April 2016 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 1187
Insofar as you are required by this subpoena to produce the subpoena or a copy of it and documents or things, you must comply with this subpoena: (a) by attending to produce this subpoena or a copy of it and the documents or things
specified in the Schedule of documents below at the date, time and place specified for attendance and production; or
(b) by delivering or sending this subpoena or a copy of it and the docmn ents or things specified in the Schedule of documents below to the Registrar at the address below, or if there is more than one address below, at any one of those addresses, so that they are received not less than 2 clear business days before the date specified for attendance and production. (see Notes 5-11)
Date, time and place at which you must attend to produce the subpoena or a copy of it and the
documents or things unless you receive notice of a later date or time from the issuing party, in which case the later date or time is substimted:
Date:
Time: Place: Supreme Court of South Australia, 1 Gouger Street, Adelaide
Address, or any address, to which the subpoena (or copy) and documents or things may be delivered or posted:
Supreme Court Civil Registry Lower Ground Floor Sir Samuel Way Building 241 - 259 Victoria Square Adelaide, South Australia, 5000
Schedule of documents The documents and things you must produce are as follows: (list the documents or things. attach list if insufficient .space)
1188 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 14 April 2016
NOTES
Last day for service 1. You need not comply with the subpoena unless it is served on you on or before the date
specified in the subpoena as the last date for service of the subpoena.
Informal service 2. Even if this subpoena has not been served personally on you, you must, nevertheless,
comply with its requirements, if you have, by the last date for service of the subpoena, actual knowledge of the subpoena and of its requirements.
Addressee a corpomtion 3. If the subpoena is addressed to a corporation, the corporation must comply with the
subpoena by its appropriate or proper officer.
Conduct money 4. You need not comply with the subpoena insofar as it requires you to attend to give
evidence unless conduct money sufficient to meet your reasonable expenses of attending as required by the subpoena is handed or tendered to you a reasonable time before the date on which your attendance is required.
Production of subpoena or copy of it and documents or things by delivery or post 5. Insofar as this subpoena requires production of the subpoena (or a copy of it) and a
document or thing, instead of attending to produce the subpoena (or a copy of it) and the document or thing, you may comply with the subpoena by delivering or sending the subpoena (or a copy of it) and the document or thing to the Registrar: (a) at the address specified in the subpoena for the purpose; or (b) if more than one address is so specified, at any one of those addresses; so that they are received not less than 2 clear business days before the date specified in the subpoena for attendance and production or, if you receive notice of a later date or time from the issuing party, before that later date or time.
Objection to inspection of the document or thing p roduced 6. If you object to a doctm1ent or thing produced in response to this subpoena being
inspected by a party to the proceeding or any other person, you must, at the time of production, notifY the Registrar in writing of your objection and of the grounds of your objection.
7. Unless the Court otherwise orders, if you do not object to a docrun ent or thing produced by you in response to the subpoena being inspected by any party to the proceeding, the Registrar may pennit the parties to the proceeding to inspect the doctilllent or thing.
Production of a number of documents or things 8. If you produce more than one document or thing, you must, if requested by the
Registrar, produce a list of the documents or things produced.
Production of copy instead of original 9. If the subpoena requires you to produce a docun1ent, you may produce a copy of the
document unless the subpoena specifically requires you to produce the original.
14 April 2016 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 1189
9A. A copy of a docmnent may be: (a) a photocopy; or (b) in any of the following electronic fonnats :
.doc and .docx - Microsoft Word documents .pdf - Adobe Acrobat documents .xls and .xlsx - Microsoft Excel spreadsheets .jpg - image files .rtf- rich text fonnat .gif- graphics interchange fonnat . tif - tagged image format.
Return o•· destruction of documents or copies 10. You may, at the time of production, inform the Court that any document or copy of a
document produced need not be retumed and may be destroyed.
11. If you have so informed the Court, the Registrar may destroy the document or copy instead of retuming it to you .
Applications in relation to subpoena 12. You have the right to apply to the Court:
(a) for an order setting aside the subpoena (or a part of it) or for relief in respect of the subpoena; and
(b) for an order with respect to your claim for privilege, public interest inm1tmity or confidentiality in relation to any document or thing the subject of the subpoena.
Loss or expense of compliance 13. You may apply to the Court for an order that the issuing party pay an amount (in
addit ion to conduct money and any witness 's expenses) in respect of the loss or expense, including legal costs, reasonably incurred in complying with the subpoena.
Contempt of court- arrest 14. Failure to comply with a subpoena without lawful excuse is a contempt of court and
may be dealt with accordingly.
15. Note 14 is without prejudice to any power of the Court under any mles of the Court (including any mles of the Court providing for the arrest of an addressee who defaults in attendance in accordance with a subpoena) or otherwise, to enforce compliance with a subpoena.
For more information regarding attending Court, Court services and translation services visit www. courts. sa. gov. au
1190 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 14 April 2016
Form 35
Rule 180(3)
Notice and Declaration by addressee of subpoena
NOTICE AND DECLARATION BY ADDRESSEE OF SUBPOENA
TO: (name of addressee) of (address)
Notice to Addressee
The A ddressee is the person to whom the subpoena is addressed and who will be the recipient of the subpoena.
You may produce copies of any subpoenaed documents, unless the subpoena specifically requires you to produce originals. A copy of a document may be:
(a) a photocopy; or (b) in any of the following electronic formats:
.doc and .docx - Microsoft Word documents
.pdf- Adobe Acrobat documents
.xls and .xlsx - Microsoft Excel spreadsheets
.jpg - image files
.rtf- rich text fonnat
.gif- graphics interchange fonnat
. tif - tagged image fonnat
You must complete the Declaration below, attach it to the subpoena or a copy of the subpoena, and return them with the documents or things you provide to the Court undet· the subpoena.
If you declare that the material you produce are copies of documents, the Registrar may, without further notice to you, destroy the copies after the expiry of 4 months from the conclusion of the proceeding or, if the documents become exhibits in the proceeding, when they are no longer required in connection with the proceeding, including on any appeal.
If the material you produce to the Court is or includes an original document, the Court will return all of the material to you at the address specified by you in the Declaration below.
14 April 2016 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 1191
DECLARATION BY ADDRESSEE (SUBPOENA RECIPIENT)
(tick the relevant option below, provide your address as appropriate, sign and date)
D
D
All of the material I am providing to the Court in compliance with the attached subpoena are copies of documents. I acknowledge that the Court will destroy the copies once they are no longer required, without further notice to me.
Some or all of the material I am providing to the Court in compliance with the attached subpoena is an original document. Once the material is no longer required, all of the material should be returned to me at the following address:
(signature of addressee) . .. . . . . . . . . .. . . .. ... .. . . . . . . . .. ... . . . . . . (name of addressee) . ... . .. . . . . ... .. . .. . . . .. . .. . . .. . . . . .. . . . (date) ... . .. . . . . . . . ... . . . .. . . . . . . .. .... . . . . . .
1192 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 14 April 2016
Fonn 95A
Rule 379(1)(a)
Originating application for registration- Mutual Recognition Act
ORIGINATING APPLICATION FOR REGISTRATION Mutual Recognition Act 1992 (Cth) s 19
The applicant, (name) GIVES NOTICE that the applicant seeks registration in South Australia as a barrister and solicitor of the Supreme Court of South Australia under section 19 of the Mutual Recognition Act 1992 (Cth).
Information As required by the Act, I supply the following information: 1. I am normally resident in (State or Territory).
2. I am duly admitted and am at the present time entitled to practise as a barrister/solicitor/barrister and solicitor/legal practitioner (delete whichever is inapplicable) in the Supreme Court of (State or Territ01y) . The date of my admission was (date) .
3. The names and dates of admission of every other jurisdiction in which I have been admitted are as follows: Jurisdiction Date of Admission
({{not admitted elsewhere, state 'None')
4. I am not the subject of disciplinary proceedings in any jurisdiction (including any preliminary investigations or action that might lead to disciplinary proceedings) in relation to my conduct as a barrister/solicitor/barrister and solicitor/legal practitioner (delete whichever is inapplicable).
5. My registration as a barrister/solicitor/barrister and solicitor/legal practitioner (delete whichever is inapplicable) is not cancelled or currently suspended as a result of disciplinary action in any jurisdiction.
6. I am not otherwise prohibited from practising as a barrister/solicitor/barrister and solicitor/legal practitioner (delete whichever is inapplicable) in any jurisdiction, and am not subject to any special conditions in carrying on that occupation, as a result of criminal, civil or disciplinary proceedings in any jurisdiction.
7. In carrying out my occupation, I am subject to the following special conditions: (state special conditions, if any, and the relevant State or Territ01y . Otherwise state: 'No special conditions'.)
14 April 2016 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 1193
8. I consent to the making of inquiries of, and the exchange of infom1ation with, the authorities of any jurisdiction regarding my activities as a legal practitioner however styled or otherwise regarding matters relevant to this notice.
Accompanying documents This application must be accompanied by: 1. a certified copy of an instmment or instmments evidencing the applicant's existing
registration in the first jurisdiction;
2. a copy of a certificate of fitness or good standing in the applicant's first jurisdiction and any other jurisdiction in which the applicant is admitted or is registered under the Mutual Recognition Act 1992 (Cth);
3. a certified copy of an instmment evidencing the applicant's admission in South Australia if applicable;
4. a certified copy of a driver 's licence, passport or birth certificate as evidence of identity; and
5. a statutory declaration verifying the statements and other infom1ation in the originating application (see next page).
Applicant's address The applicant's address for service is: Place: Email: The applicant's address is (place of residence or business).
Date:
Signed by (name) Applicant
1194 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 14 April 2016
14 April 2016 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 1195
RULES OF COURT Supreme Court Criminal Rules 2014
(Amendment No. 2)
BY virtue and in pursuance of section 72 of the Supreme Court Act 1935, and all other enabling powers, we, Judges of the Supreme Court of South Australia, make the following Supreme Court Criminal Rules 2014 (Amendment No. 2). 1. These Rules may be cited as the Supreme Court Criminal Rules 2014 (Amendment No 2). 2. The Supreme Court Criminal Rules 2014 are amended as set out below. 3. The amendments made by these Rules come into effect on 1 May 2016 or the date of their gazettal, whichever is later. 4. Rule 4 is amended by inserting the following definitions: ‘High Risk Offenders Act’ means the Criminal Law (High Risk Offenders)
Act 2015; 5. The following is substituted for rule 68 (1): ‘(1) A subpoena: (a) to attend to give evidence is to be in an approved form; (b) to produce any document or thing is to be in an approved form; (c) to do both those things is to be in an approved form.’ 6. The following rules are inserted immediately after rule 95: ‘95A—Extended supervision orders (1) An application by the Attorney-General under section 7 (1) of the High
Risk Offenders Act for an extended supervision order is to be made by originating application in an approved form.
(2) Such an application is to be supported by an affidavit— (a) deposing to the relevant factual basis for the application; and (b) exhibiting available records and reports relevant to the grounds for
making the application. (3) The application and supporting affidavit are to be served on the
respondent within 5 business days after being filed. (4) The Registrar will list the application in an arraignment list and it is to
proceed in accordance with any directions given by the Court. (5) An interim supervision order under section 9 of the High Risk Offenders
Act is to be in an approved form. (6) An order under section 7 (4) of the High Risk Offenders Act that the
respondent be subject to an extended supervision order is to be in an approved form.
(7) An application by the Attorney-General or the person subject to an order under section 13 of the High Risk Offenders Act to revoke or vary an extended supervision order is to be in an approved form.
(8) Such an application is to be supported by an affidavit— (a) identifying the extended supervision order; (b) addressing compliance or non-compliance by the person subject to an
extended supervision order with the conditions of the order; (c) addressing any relevant change in circumstances since the order was
made; (d) addressing any other relevant circumstances. (9) The application and supporting affidavit are to be served on the
respondent within 5 business days after being filed.
1196 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 14 April 2016
95B—Continuing detention orders (1) An order under section 18 (4) of the High Risk Offenders Act for interim
detention is to be in an approved form. (2) A warrant under section 18 (6) of the High Risk Offenders Act committing
a person to a correctional institution is to be in an approved form. (3) An application by the Attorney-General, the Parole Board or the person
subject to an order under section 19 of the High Risk Offenders Act to revoke or vary a continuing detention order is to be in an approved form.’
GIVEN under our hands and the Seal of the Supreme Court of South Australia this 29th day of February 2016.
C. KOURAKIS, CJ J. R. SULAN, J
P. KELLY, J D. H. PEEK, J M. F. BLUE, J
T. L. STANLEY, J K. G. NICHOLSON, J
A. E. BAMPTON, J G. J. PARKER, J D. C. LOVELL, J
S. DOYLE, J
14 April 2016 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 1197
RULES OF COURT Supreme Court Criminal Supplementary Rules 2014
(Amendment No. 1)
BY virtue and in pursuance of section 72 of the Supreme Court Act 1935, and all other enabling powers, we, Judges of the Supreme Court of South Australia, make the following Supreme Court Criminal Supplementary Rules 2014 (Amendment No. 1). 1. These Rules may be cited as the Supreme Court Criminal Supplementary Rules 2014 (Amendment No. 1). 2. The Supreme Court Criminal Supplementary Rules 2014 are amended as set out below. 3. The amendments made by these Rules come into effect on 1 May 2016 or the date of their gazettal, whichever is later. 4. The following is substituted for supplementary rule 43 (1): ‘(1) A subpoena under rule 68 of the Rules: (a) to attend to give evidence is to be in form 26A; (b) to produce any document or thing is to be in form 26B; (c) to do both those things is to be in form 26C.’ 5. New supplementary rules 52A and 52B are inserted immediately after supplementary rule 52 as follows: ‘52A—Extended supervision orders (1) An application by the Attorney-General under section 7 (1) of the High
Risk Offenders Act for an extended supervision order is to be made by originating application in form 34A.
(2) An interim supervision order under section 9 of the High Risk Offenders Act is to be in form 34B.
(3) An order under section 7 (4) of the High Risk Offenders Act that the respondent is to be subject to an extended supervision order is to be in form 34C.
(4) An application by the Attorney-General or the person subject to an order under section 13 of the High Risk Offenders Act to revoke or vary an extended supervision order is to be in form 34D.
52B—Continuing detention orders (1) An order under section 18 (4) of the High Risk Offenders Act for interim
detention is to be in form 34E. (2) A warrant under section 18 (6) of the High Risk Offenders Act committing
a person to a correctional institution is to be in form 34F. (3) An application by the Attorney-General, the Parole Board or the person
subject to an order under section 19 of the High Risk Offenders Act to revoke or vary a continuing detention order is to be in form 34G.’
6. Form 26 in the Schedule to the Supreme Court Criminal Supplementary Rules 2014 is deleted. 7. New Forms 26A, 26B and 26C in the Schedule are inserted in the Schedule to the Supreme Court Criminal Supplementary Rules 2014 immediately after form 25. 8. Form 27 in the Schedule is substituted for existing Form 27 in the Schedule to the Supreme Court Criminal Supplementary Rules 2014.
1198 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 14 April 2016
GIVEN under our hands and the Seal of the Supreme Court of South Australia this 29th day of February 2016.
C. KOURAKIS, CJ J. R. SULAN, J
P. KELLY, J D. H. PEEK, J M. F. BLUE, J
T. L. STANLEY, J K. G. NICHOLSON, J
A. E. BAMPTON, J G. J. PARKER, J D. C. LOVELL, J
S. DOYLE, J
14 April 2016 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 1199
Form 26A
(insert proceeding heading)
TO: (name of addressee)
(address)
THE SCHEDULE
SUBPOENA
You are ordered to attend to give evidence - see below for details.
Rule 68(1)
Subpoena
Failure to comply with this subpoena without lawful excuse is a contempt of com·t and may result in your arrest.
Please read Notes 1 to 8 at the end of this subpoena.
The last date for service of this subpoena is (date). (see Note 1)
(if applicable) The last date for service was fixed by order made by Justice (name) dated (date).
FILED:
(Registry to place seaT)
Issued at the request of(role of party), (name) whose address for service is:
Place:
Email:
1200 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 14 April 2016
Details of subpoena
Date, time and place at which you must attend to give evidence, unless you receive notice of a later date or time from the issuing party, in which case the later date or time is substituted:
Date:
Time:
Place: Supreme Court, Sir Samuel Way Building, 241-259 Victoria Square Adelaide
You must continue to attend from day to day unless excused by the Court or the person authorised to take evidence in this proceeding or until the hearing of the matter is completed.
NOTES
Last day for service 1. You need not comply with the subpoena unless it is served on you on or before the date
specified in the subpoena as the last date for service of the subpoena.
Informal service 2. Even if this subpoena has not been served personally on you , you must, nevertheless,
comply with its requirements, if you have, by the last date for service of the subpoena, acnml knowledge of the subpoena and of its requirements.
Addressee a corporation 3. If the subpoena is addressed to a corporation, the corporation must comply with the
subpoena by its appropriate or proper officer.
Conduct money 4. You need not comply with the subpoena in so far as it requires you to attend to give
evidence unless conduct money sufficient to meet your reasonable expenses of attending as required by the subpoena is handed or tendered to you a reasonable time before the date on which your attendance is required.
Applications in relation to subpoena 5. You have the right to apply to the Court:
(a) for an order setting aside the subpoena (or a part of it) or for relief in respect of the subpoena; and
(b) for an order with respect to your claim for privilege, public interest immunity or confidentiality in relation to any document or thing the subject of the subpoena.
Loss or expense of compliance 6. You may apply to the Court for an order that the issuing party pay an amount (in
addition to conduct money and any witness 's expenses) in respect of the loss or expense, including legal costs, reasonably incurred in complying with the subpoena.
14 April 2016 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 1201
Contempt of court - arrest 7. Failure to comply with a subpoena without lawful excuse is a contempt of court and
may be dealt with accordingly.
8. Note 7 is without prejudice to any power of the Court under any rules of the Court (including any rules ofthe Court providing for the arrest of an addressee who defaults in attendance in accordance with a subpoena) or otherwise, to enforce compliance with a subpoena.
For more information regarding attending Court, Court services and translation services visit www.courts.sa.gov.au
1202 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 14 April 2016
Form 26B
(insert proceeding heading)
TO: (name of addressee)
(address)
SUBPOENA
Rule 68(1)
Subpoena
You are ordered to produce this subpoena or a copy of it and the documents or things specified in the Schedule- see below fm· details.
Failure to comply with this subpoena without lawfiul excuse is a contempt of court and may result in your arrest.
Please read Notes 1 to 15 at the end of this subpoena.
The last date for service of this subpoena is (date). (see Note 1)
(if applicable) The last date for service was fixed by order made by Justice (name) dated (date).
FILED:
(Registry to place seal)
Issued at the request of(role of party), (name) whose address for service is:
Place:
Email:
14 April 2016 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 1203
Details of subpoena
You must comply with this subpoena:
(a) by attending to produce this subpoena or a copy of it and the documents or things specified in the Schedule of documents below at the date, time and place specified for attendance and production; or
(b) by delivering or sending this subpoena or a copy of it and the documents or things specified in the Schedule of documents below to the Registrar at the address below, or if there is more than one address below, at any one of those addresses, so that they are received not less than 2 clear business days before the date specified for attendance and production. (see Notes 5-11)
Date, time and place at which you must attend to produce the subpoena or a copy of it and documents or things unless you receive notice of a later date or time from the issuing party, in which case the later date or time is substituted:
Date:
Time:
Place: Supreme Court, Sir Samuel Way Building, 241-259 Victoria Square Adelaide
Address, or any address, to which the subpoena (or copy) and documents or things may be delivered or posted:
Supreme Court Criminal Registry Lower Grotmd Floor Sir Samuel Way Building 241 - 259 Victoria Square Adelaide, South Australia, 5000
Schedule of documents
The documents and things you must produce are as follows:
(list the documents or things. if insufficient space attach list)
1204 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 14 April 2016
NOTES
Last day for service 1. You need not comply with the subpoena unless it is served on you on or before the date
specified in the subpoena as the last date for service of the subpoena.
Informal service 2. Even if this subpoena has not been served personally on you, you must, nevertheless,
comply with its requirements, if you have, by the last date for service of the subpoena, actual knowledge of the subpoena and of its requirements.
Addressee a corporation 3. If the subpoena is addressed to a corporation, the corporation must comply with the
subpoena by its appropriate or proper officer.
Conduct money 4 . You need not comply with the subpoena in so far as it requires you to attend at Court
tmless conduct money sufficient to meet your reasonable expenses of attending as required by the subpoena is handed or tendered to you a reasonable time before the date on which your attendance is required.
Production of subpoena or copy of it and documents or things by delivery or post 5. In so far as this subpoena requires production of the subpoena (or a copy of it) and a
document or thing, instead of attending to produce the subpoena (or a copy of it) and the document or thing, you may comply with the subpoena by delivering or sending the subpoena (or a copy of it) and the document or thing to the Registrar:
(a) at the address specified in the subpoena for the purpose; or
(b) if more than one address is so specified, at any one of those addresses;
so that they are received not less than 2 clear business days before the date specified in the subpoena for attendance and production or, if you receive notice of a later date or time from the issuing party, before that later date or time.
Objection to inspection of the document or thing produced 6. If you object to a doctm1ent or thing produced in response to this subpoena being
inspected by a party to the proceeding or any other person, you must, at the time of production, notify the Registrar in writing of your objection and of the grounds of your objection.
7. Unless the Court otherwise orders, if you do not object to a document or thing produced by you in response to the subpoena being inspected by any party to the proceeding, the Registrar may penn it the parties to the proceeding to inspect the document or thing.
Production of a number of documents or things 8. If you produce more than one document or thing, you must, if requested by the
Registrar, produce a list of the documents or things produced.
14 April 2016 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 1205
Production of copy instead of original 9. Insofar as the subpoena requires you to produce a document, you may produce a copy of
the document unless the subpoena specifically requires you to produce the original.
9A. A copy of a document may be: (a) a photocopy; or (b) in any of the following electronic formats:
.doc and .docx - Microsoft Word documents .pdf- Adobe Acrobat documents .xis and .xlsx - Microsoft Excel spreadsheets .jpg - image files .rtf- rich text format .gif- graphics interchange format .tif- tagged image fmmat.
Return or destt·uction of documents or copies 10. You may, at the time of production, inform the Court that any document or copy of a
document produced need not be returned and may be destroyed.
11. If you have so informed the Court, the Registrar may destroy the document or copy instead of returning it to you.
Applications in relation to subpoena 12. You have the right to apply to the Court:
(a) for an order setting aside the subpoena (or a part of it) or for relief in respect of the subpoena; and
(b) for an order with respect to your claim for privilege, public interest immunity or confidentiali ty in relation to any document or thing the subject of the subpoena.
Loss or expense of compliance 13. You may apply to the Court for an order that the issuing party pay an amount (in
addition to conduct money and any witness's expenses) in respect of the loss or expense, including legal costs, reasonably incurred in complying with the subpoena.
Contempt of court - a r rest 14. Failure to comply with a subpoena without lawful excuse is a contempt of court and
may be dealt with accordingly.
15. Note 14 is without prejudice to any power of the Court under any m les of the Court (including any mles of the Court providing for the arrest of an addressee who defaults in attendance in accordance with a subpoena) or otherwise, to enforce compliance with a subpoena.
For more information regarding attending Court, Court services and translation services visit www.courts.sa.gov.au
1206 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 14 April 2016
Rule 68(1)
Form 26C Subpoena
(insert proceeding heading)
SUBPOENA
TO: (name) of (address)
You ar e ordered to attend to give evidence and to produce this subpoena or a copy of it and the documents or things specified in the Schedule - see below for details.
Failure to comply with this subpoena without lawful excuse is a contempt of court and may result in your arrest.
Please read Notes 1 to 15 at the end of this subpoena.
The last date for service of this subpoena is (date) . (see Note 1)
(if applicable) The last date for service was fixed by order made by Justice (name) dated (date)
FILED:
(Registry to place seal)
Issued at the request of (role of party), (name) whose address for service is:
Place:
Email:
14 April 2016 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 1207
Details of subpoena
Insofar as you are required by this subpoena to attend to give evidence, you must attend as follows, unless you receive notice of a later date or time from the issuing party, in which case the later date or time is substituted:
Date:
Time:
Place: Supreme Court, Sir Samuel Way Building, 241-259 Victoria Square Adelaide
You must continue to attend from day to day unless excused by the Court or the person authorised to take evidence in this proceeding or until the hearing of the matter is completed.
Insofar as you are required by this subpoena to produce the subpoena or a copy of it and documents or things, you must comply with this subpoena:
(a) by attending to produce this subpoena or a copy of it and the documents or things specified in the Schedule of documents below at the date, time and place specified for attendance and production; or
(b) by delivering or sending this subpoena or a copy of it and the documents or things specified in the Schedule of documents below to the Registrar at the address below, or if there is more than one address below, at any one of those addresses, so that they are received not less than 2 clear business days before the date specified for attendance and production. (see Notes 5-11)
Date, time and place at which you must attend to produce the subpoena or a copy of it and the documents or things unless you receive notice of a later date or time from the issuing party, in which case the later date or time is substin1ted:
Date:
Time:
Place: Supreme Court, Sir Samuel Way Building, 241-259 Victoria Square Adelaide
Address, or any address, to which the subpoena (or copy) and documents or things may be delivered or posted:
Supreme Court Civil Registry Lower Ground Floor Sir Samuel Way Building 241- 259 Victoria Square Adelaide, South Australia, 5000
Schedule of documents
The documents and things you must produce are as follows:
(list the documents or things. if insufficient space attach list)
1208 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 14 April 2016
NOTES
Last day for service 1. You need not comply with the subpoena tmless it is served on you on or before the date
specified in the subpoena as the last date for service of the subpoena.
Informal service 2. Even if this subpoena has not been served personally on you, you must, nevertheless,
comply with its requirements, if you have, by the last date for service of the subpoena, actual knowledge of the subpoena and of its requirements.
Addressee a corporation 3. If the subpoena is addressed to a corporation, the corporation must comply with the
subpoena by its appropriate or proper officer.
Conduct money 4. You need not comply with the subpoena in so far as it requires you to attend to give
evidence unless conduct money sufficient to meet your reasonable expenses of attending as required by the subpoena is handed or tendered to you a reasonable time before the date on which your attendance is required.
Production of subpoena or copy of it and documents or things by delivery or post 5. In so far as tlus subpoena requires production of the subpoena (or a copy of it) and a
document or thing, instead of attending to produce the subpoena (or a copy of it) and the document or thing, you may comply with the subpoena by delivering or sending the subpoena (or a copy of it) and the document or thing to the Registrar:
(a) at the address specified in the subpoena for the purpose; or
(b) if more than one address is so specified, at any one of those addresses;
so that they are received not less than 2 clear business days before the date specified in the subpoena for attendance and production or, if you receive notice of a later date or time from the issuing party, before that later date or time.
Objection to inspection of the document or thing produced 6. If you object to a doctm1ent or thing produced in response to this subpoena being
inspected by a party to the proceeding or any other person, you must, at the time of production, notify the Registrar in writing of your objection and ofthe grounds of your objection.
7. Unless the Court otherwise orders, if you do not object to a document or thing produced by you in response to the subpoena being inspected by any party to the proceeding, the Registrar may pennit the parties to the proceeding to inspect the document or thing.
Production of a number of documents or things 8. If you produce more than one doctm1ent or thing, you must, if requested by the
Registrar, produce a list of the documents or things produced.
14 April 2016 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 1209
Production of copy instead of original 9. If the subpoena requires you to produce a document, you may produce a copy of the
document un[ess the subpoena specifically requires you to produce the original.
9A. A copy of a document may be: (a) a photocopy; or (b) in any of the following electronic formats:
.doc and .docx - Microsoft Word documents .pdf - Adobe Acrobat documents .xis and .xlsx - Microsoft Excel spreadsheets .jpg - image fi les .rtf- rich text format .gif- graphics interchange format .tif - tagged image fmmat.
Return or destruction of documents or copies
10. You may, at the time of production, inform the Court that any document or copy of a document produced need not be retumed and may be destroyed.
11. If you have so informed the Court, the Registrar may destroy the docmn ent or copy instead of returning it to you.
Applications in relation to subpoena 12. You have the right to apply to the Court:
(a) for an order setting aside the subpoena (or a part of it) or for relief in respect of the subpoena; and
(b) for an order with respect to your claim for privilege, public interest immtmity or confidentiality in relation to any document or thing the subject of the subpoena.
Loss or expense of compliance 13. You may apply to the Court for an order that the issuing party pay an amount (in
addition to conduct money and any witness's expenses) in respect of the loss or expense, including legal costs, reasonably incurred in complying with the subpoena.
Contempt of court- arrest 14. Failure to comply with a subpoena without lawful excuse is a contempt of court and
may be dealt with accordingly.
15. Note 14 is without prejudice to any power of the Court under any mles of the Court (including any mles of the Court providing for the arrest of an addressee who defaults in attendance in accordance with a subpoena) or otherwise, to enforce compliance with a subpoena.
For more information regarding attending Court, Court setv ices and translation setvices visit www.courts.sa.gov.au
1210 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 14 April 2016
Rules 76(3) and 76(4)
Form 27 Subpoena - notice and declaration by addressee of subpoena
(insert proceeding heading)
NOTICE AND DECLARATION BY ADDRESSEE OF SUBPOENA
TO: (name of addressee)
(address)
Notice to Addressee
The Addressee is the person to whom the subpoena is addressed and who will be the recipient
of the subpoena.
You may produce copies of any subpoenaed documents, unless the subpoena specifically
requires you to produce originals. A copy of a document may be:
(a) a photocopy; or
(b) in any of the following electronic formats:
.doc and .docx - Microsoft Word documents
.pdf - Adobe Acrobat documents
.xls and .xlsx - Microsoft Excel spreadsheets
.jpg - image files
.rtf - rich text format
.gif- graphics interchange format
.tif - tagged image format
14 April 2016 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 1211
You must complete the Declaration below, attach it to the subpoena or a copy ofthe subpoena, and return them with the documents or things you provide to the Court under the subpoena.
If you declare that the material you produce are copies of documents, the Registrar may, without further notice to you, destroy the copies after the expiry of 4 months from the conclusion of the proceeding or, if the documents become exhibits in the proceeding, when they are no longer required in connection with the proceeding, including on any appeal.
If the material you produce to the Court is or includes an original document, the Court will return all of the material to you at the address specified by you in the Declaration below.
DECLARt\TION BY ADDRESSEE (SUBPOENA RECIPIENT)
(tick the relevant option below, provide your address as appropriate, sign and date)
All of the material I am providing to the Court in compliance with the attached
D
D
subpoena are copies of documents. I acknowledge that the Court will destroy the
copies once they are no longer required, without further notice to me.
Some or all of the material I am providing to the Court in compliance with the
attached subpoena is an original document. Once the material is no longer
required, all of the material should be returned to me at the following address:
(signature of addressee) ........................ . . . . . .......... .
(name of addressee)
(date)
1212 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 14 April 2016
Rule95A
Fonn 34A Application for Extended Supervision Order
(insert fi'·ont sheet)
APPLICATION FOR EXTENDED SUPERVISION ORDER Criminal Law (High Risk Offenders) Act 2015 s 7(1)
TO: THE RESPONDENT
Application
The Attorney-General for the State of South Australia seeks the following orders and directions:
1. That the Court direct that one or more legally qualified medical practitioners
examine the respondent and report to the Court with an assessment whether
(i) there is a likelihood of the respondent committing a further serious sexual
offence; or
(ii) there is a likelihood of the respondent committing a further serious offence
of violence.
(delete whichever is inapplicable)
2. That the respondent be subject to an extended supervision order for a period of up
to five years.
3. That the respondent be subject to an interim supervision order from the date of
making the order until the application for the extended supervision order is
determined.
14 April 2016 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 1213
Endorsements
Application made pursuant to section 7(1) of the Criminal Law (High Risk Offenders) Act
2015.
Interim order sought pursuant to section 9(1 ) of the Criminal Law (High Risk Offenders) Act
2015. (delete if inapplicable)
Grounds
The grounds relied upon are as follows:
or
or
1. The respondent was sentenced in the Supreme/District/Magistrates Court (delete
whichever is inapplicable) on ... ./. . .. .I 20 .... to a period of imprismm1ent of
. . .. . . . . .. .. . . .. .. with a non-parole period of . . . . . . . . . . . . . . . . . .. commencmg on
.. .. .. .. .. . . . ... .. . . .. . . . . ... for the offence(s) of . . . . . . . . . . . .. . . . . .. . . . . .. .
The respondent was subject to an extended supervision order by this Honourable
Court on ... .. ../. . .. ./ 20 .. .. commencing on . . ../. ... ./ 20. . .. for the period of
2. The date on which the tenn or tenns of imprisonment expires is .. . .. ./ . . . . . .. ./20 .. .
The date on which the extended supervision order expires is . . ../. . .. ./ 20 .. ...
3. The respondent is currently in a prison/on parole/on home detention release (delete
whichever is inapplicable) in respect of that tenn of imprisonment. (delete if inapplicable)
1214 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 14 April 2016
4. The respondent is a high risk offender and poses an appreciable risk to the safety of
the community if not supervised because
Date:
(signed)
Hearing
Solicitor for the Applicant, Attorney-General for the State of South Australia
This application will be heard before a Justice of the Supreme Court at Adelaide on
......... .. ..... at . ..... or so soon afterwards as the business of the Court allows.
The courtroom in which the application will be heard will be published: • on the Courts Administration Authority website the day before; • in the Advertiser on the day; and • on the notice board at the Courts Building.
The parties and all persons served with this application are required then to attend if they
wish to be heard on the application and, in their absence, the Court may make such order as it
thinks fit.
Date:
(signed) Registrar
14 April 2016 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 1215
Rule 95A
Fonn 34B In terim Supervision Order
(insert p roceeding heading)
INTERIM SUPERVISION ORDER Criminal Law (High Risk Offenders) Act 2015 s 9
Particulars of Respondent
N an1e: ... ... ... ... .. ...... ..... ... ...... ...... ...... ... ................. ...... ...... ... .. .. ...... ...... ..... .......... ....... .... .
Date of Birth: ..... ... ..... ... ..... ... .. ... ... .. .. .... ..... ..... ... ... .. ... .... .... ... .. ... ..... ... ..... ... .... .... .... .... ... .
Address: .. ...... ..... ... ...... .. .... ... ... .. ... ... ... ..... ... .. ...... .. ... .. ... ... ... .. ..... ... ...... .. ........ ... ... .. .... .... . .
Satisfaction
1. Upon the filing of an application under section 7(1) of the A ct by Attorney-General
for an Extended Supervision Order, a Judge of the Supreme Court is satisfied-
Order·
(a) that the relevant expiry date for the respondent is likely to occur before the
application is detennined, the said date being . . .. . ./. . . ./20 . .... . . ; and
(b) that the matters alleged in the material supporting the application would, if proved,
justify the making of an extended superv ision order.
1. The Court makes an interim supervision order taking effect on the making of this order
until the application for the extended superv ision order is finally determined.
2. The conditions to which the respondent is subject are:
(a) that the respondent not commit any offence;
(b) that the respondent is prohibited from possessing a fireann or ammunition (both
within the meaning of the Firearms Act or any pmt of a fireann or offensive weapon
unless the Supreme Court pennits the person to possess such a weapon and the person
complies with the terms and conditions of the permission;
(c) that the respondent is subject-
(i) to be under the superv ision o f a community corrections officer;
(ii) to obey the reasonable directions of the community corrections officer;
1216 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 14 April 2016
(iii) to submit to such tests (including testing without notice) for gunshot residue
as the community con ections officer may reasonably require;
(d) any other condition that the Court thinks fir and .specifles in the order;
(e) any condition imposed by the Parole Board under section 11 of the Act.
Notification
TOTHE PAROLE BOARD
AND TO THE CHIEF EXECTIVE OFFICER OF THE DEPARTMENT FOR
CORRECTIONAL SERVICES
AND TO THE COMMISSIONER OF POLICE
Date order made and operative from:
(signed) Justice (name)
14 April 2016 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 1217
Rule95A
Fonn 34C Extended Supervision Order
(insert proceeding heading)
EXTENDED SUPERVISION ORDER Criminal Law (High Risk Offenders) Act 2015 s 7(4)
Particulars of Respondent
Name: .... .. ... ... .. ... ........ ........ .. ... ..... ........ ...... ..... ........... .. ........ ...... .. .............. .. ..... ... ...... .. .
Date of Birth: ..... ......... .. .. ... ... .. ..... .............. .. ...... ... .. ..... .............. ............. ...... .. ........... ... .
Address: .. ... ........ ............... ......... .. ................ .... .. .. ... ..... ............................. ... ........ ........ . .
Satisfaction
1. A Judge of the Supreme Court has determined that the respondent is a high risk
offender and poses an appreciable risk to the safety of the conummity if not
supervised under this order.
Order
1. The respondent is to be subject to an extended supervisiOn order for a period
of..... . . .... . . .... ... (no more than 5 years) from the date of this order/until
.. .. ../. .. .. 120 . . .. (the relevant expiry date defined by section 4 of the Act) (delete
whichever is inapplicable).
2. The conditions to which the respondent is subject are:
(a) that the respondent not commit any offence;
(b) that the respondent is prohibited from possessing a firearm or anununition (both
within the meaning of the Firearms Act 1977) or any part of a firearm or offensive
weapon unless the Supreme Court pennits the person to possess such a weapon
and the person complies with the tenns and conditions of the pemussion;
(c) that the respondent is-
(i) to be under the supervision of a conununity corrections officer;
(ii) to obey the reasonable directions of the community con ections officer;
1218 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 14 April 2016
(iii) to submit to such tests (including testing without notice) for gunshot residue
as the community conections officer may reasonably require;
(d) any other condition that the Court thinks fir and .specifles in the order;
(e) any condition imposed by the Parole Board under section 11 of the Act.
3. This order takes effect on ..... ./. .... . 120 .....
Notification
TO THE PAROLE BOARD
AND TO THE CHIEF EXECTIVE OFFICER OF THE DEPARTMENT FOR
CORRECTIONAL SERVICES
AND TO THE COMMISSIONER OF POLICE
Date order made:
(signed) Justice (name)
14 April 2016 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 1219
Rule95A
Fonn 34D Application to vary a condition of/revoke an Extended Supervision Order
(insert fi'·ont sheet)
APPLICATION TO VARY A CONDITION OF/REVOKE AN EXTENDED SUPERVISION ORDER
Criminal Law (High Risk Offenders) Act 2015 s 13
TO: THE RESPONDENT
Application
The Attorney-General for the State of South Australia seeks the following orders and directions:
1. That the Court vary the Extended Supervision Order made by the Supreme Court
on . . ../. . . ./20 . . .. ; or
1. That the Court revoke the Extended Supervision Order made by the Supreme Court
on . . ../. . .. 120 ....
(delete whichever is inapplicable) OR
Application
The person subject to the Extended Supervision Order seeks the following orders and directions:
1. That pem1ission be granted by the Court to vary the Extended Supervision Order
made by the Supreme Court on . . ../. . .. 120 .... ; or
1. That pem1ission be granted by the Court to revoke the Extended Supervision Order
made by the Supreme Court on . . . ./ . . . ./20 .. ..
(delete whichever is inapplicable)
Endorsements
Application made pursuant to section 13(1) of the Criminal Law (High Risk Offenders) Act
2015.
Grounds
The grounds relied upon are as follows:
1220 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 14 April 2016
1. The applicant/respondent was made subject to an Extended Supervision Order on
. . ../. . . ./20 . .. . by Justice . . .. ... . ..... . . . . . , the order conunencing on . . ./. . .. 120 .. .. for a
period of. ... 0 0 • •••• •• years.
2. The date on which the Order is due to expire is . . ../. . .. 120 .. ...
3. The variation to the conditions sought are: · ··· o· ··· ·· · ·· · ···· ·· · · ···· ·· ··· ··· ·· ·· ···· ·· ·o· ···
4. The grounds for revoking/varying (delete whichever is inapplicable) the order are:
Date:
(signed)
Hearing
Solicitor for the Applicant, Attorney-General for the State of South
Australia/ Applicant
This application will be heard before a Justice of the Supreme Court at Adelaide on
ooo· ·· ··· ··· ·· ··· · ·· ·· ···· at . .... . or so soon afterwards as the business of the Court allows.
The courtroom in which the application will be heard will be published: • on the Courts Administration Authority website the day before; • in the Advertiser on the day; and • on the notice board at the Courts Building.
The parties and all persons served with this application are required then to attend if they
wish to be heard on the application and, in their absence, the Court may make such order as it
thinks fit.
Date:
(signed) Registrar
14 April 2016 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 1221
Rule 95B
Fonn 34E Order and warrant for interim detention
(insert proceeding heading)
ORDER AND WARRANT FOR INTERIM DETENTION Criminal Law (High Risk Offenders) Act 2015 s 18(4)
Particulars of Respondent
Nan1e: ... ...... ................ ... ............ ................................ ......... .. ............................. ........... .
Date of Birth: ..... ................. .. ..... ........ ................ ........ ........................ ........ ... .. ... ........... .
Address: ...................... .. .......... ................................... .. ................ .............. .. ... .. ... ...... .. . .
Background
1. A judge of the Supreme Court determined that the respondent was a high risk offender
and on . . ./. . ./20 . ... made the respondent subject to an extended supervision order and
that the order be for a period of. . .. .... . . .. .. . . .. .. from ..... ../. .. .... 120 .. . .
Ordet·
1. The respondent is to be detained at a Correctional Services Institution pending the
detennination of the proceedings.
\ Van ·ant
TO THE SHERIFF
AND TO THE COMMISSIONER OF POLICE AND MEMBERS OF THE POLICE
FORCE
AND TO THE CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONAL
SERVICES
The respondent named in this warrant is subject of a detemunation as to whether he/she has
breached conditions of an Extended Supervision Order pursuant to section 18 of the Criminal
Law (High Risk Offenders) Act 2015.
1222 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 14 April 2016
You, the Sheriff, and you, the Commissioner ofPolice and Members of the Police Force, are
directed to convey the defendant to the institution referred to above.
The respondent is to be taken to a Correctional Services Institution to await further hearing
and detennination by the Supreme Court.
You, the ChiefExecutive of the Department of Correctional Services are directed to detain
the respondent ru1til the conclusion of the matter and deliver him/her to court from time to
time for the continuation of the hearings.
·warrant issued pursuant to section 18( 4) of the Act:
Dated:
(signed) Justice (name)
14 April 2016 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 1223
Rule 95B
Fonn 34F Order and warrant for detention
(insert proceeding heading)
ORDER AND WARRANT FOR DETENTION Criminal Law (High Risk Offenders) Act 2015 s 18(6)
Particulars of Respondent
Nan1e: ......... ... .. ... ........ .......... ... ..... ... .. ... ...... .............. .... ........ ...... .. ....... ......... ........ ...... .. .
Date of Birth: ..... ................ ... .. ... ..... .. ................. ... .. ... ................ ............. ................... ... .
Address: .. ........... ......... .. .... ... ... .. ... ...... .. ...... .. .... .. .. ... .. ... ...... .. ........ ........ ........ ...... .. ........ . .
Background
1. A judge of the Supreme Court determined that the respondent was a high risk offender
and on .. ./. . ./20 .. .. made the respondent subject to an extended supervision order for a
period of. .... . . .... . . .... ... from ... . ../. .... /20 . . . .
2. The Court detenn ined that the respondent has breached the conditions of the extended
supervision order and that the respondent should be detained in custody.
Order
1. The respondent IS to be detained at a Correctional Services Institution until
. . ../. .. ./20 . . ..
' Van·ant
TO THE SHERIFF
AND TO THE COMMISSIONER OF POLICE AND MEMBERS OF THE POLICE
FORCE
AND TO THE CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONAL
SERVICES
The respondent named in tlus warrant has breached conditions of an Extended Supervision
Order pursuant to section 18( 6) of the Crimina I Law (High Risk Offender.s) Act 2015.
1224 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 14 April 2016
You, the Sheriff, and you, the Commissioner of Police and Members of the Police Force, are
directed to convey the defendant to a Correctional Services Institution.
You, the Chief Executive of the Department of Correctional Services are directed to detain
him/her in custody until . .. ./ . .. ./20 . . . . .. .
\Van·ant issued pursuant to section 18(6) of the Act:
Dated:
(signed) Justice (name)
14 April 2016 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 1225
Rule 95B
Fonn 34G Application to vary/revoke a Continuing Detention Order
(insert fi'·ont sheet)
APPLICATION TO VARY/REVOKE A CONTINUING DETENTION ORDER Criminal Law (High Risk Offender5) Act 2015 s 19
TO: THE RESPONDENT
Application
The Attorney-General for the State of South Australia/The Parole Board of South Australia
(delete whichever is inapplicable) seeks the following orders and directions:
1. That the Court vary the Continuing Detention Order by the Supreme Court
on . . ../. .. ./20 . . .. ; or
1. That the Court revoke the Continuing Detention Order made by the Supreme Court
on . . ../. . .. 120 ....
(delete whichever is inapplicable)
OR
Application
The person subject to the Continuing Detention Order seeks the following orders and directions:
1. That pennission be granted by the Court for the applicant to apply to vary the Continuing
Detention Order made by the Supreme Court 0 11. . . ./. . . ./20 . . .. ; or
2. That permission be granted by the Court for the applicant to apply to revoke the
Continuing Detention Order made by the Supreme Comt on . .. .!. . . ./20 . . ..
(delete whichever is inapplicable)
Endorsements
Application made pursuant to section 19(1) of the Criminal Law (High Risk Offenden) Act
2015.
1226 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 14 April 2016
Grounds
The grounds relied upon are as follows:
1. The applicant/respondent was made subject to an Extended Supervision Order on
.. ../. .. . 120 .. .. by Justice . ... ... ... . ..... . . , the order conunencing on .. ./. . .. 120 .... for a
period of. .... . .. ... .. years.
2. The Extended Supervision Order was revoked on .. ./. . . ./20 . .. . and an order made for
Continuing Detention was made, conunencing on . . . ./ . . ./20 and due to expire on
. ... ./ . .. ./20 . . ..
3. The variation to the Extended Supervision Order sought is:
(delete if inapplicable)
4. The grounds for revoking/varying (delete whichever is inapplicable) the order are:
Date:
(signed)
Hearing
Solicitor for the Applicant, Attorney-General for the State of South
Australia/Parole Board of South Australia/ Applicant (delete whichever is
inapplicable)
This application will be heard before a Justice of the Supreme Court at Adelaide on
......... ........ . at . .... . or so soon afterwards as the business of the Court allows.
The courtroom in which the application will be heard will be published: • on the Courts Administration Authority website the day before; • in the Advertiser on the day; and • on the notice board at the Courts Building.
14 April 2016 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 1227
1228 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 14 April 2016
South Australia Supreme Court Special Applications Rules 2014
(Amendment No. 1) By virtue and in pursuance of section 72 of the Supreme Court Act 1935 and all other enabling powers, we, Judges of the Supreme Court of South Australia, make the following Supreme Court Special Applications Rules 2014 (Amendment No. 1).
1. These Rules may be cited as the Supreme Court Special Applications Rules 2014 (Amendment No. 1).
2. The Supreme Court Special Applications Rules 2014 are amended as set out below. 3. The amendments made by these Rules come into effect on 1 May 2016 or the date
of their gazettal, whichever is later. 4. Rule 13 is amended by inserting at the end after paragraph (h) a new paragraph (i)
as follows: ‘(i) applications by the Independent Commissioner Against Corruption or an
examiner within the meaning of the Independent Commissioner Against Corruption Act 2012 for leave to serve a summons or notice outside the State pursuant to section 76 of the Service and Execution of Process Act 1992 (Cth).’
GIVEN under our hands and the Seal of the Supreme Court of South Australia this 29th day of February 2016.
C. KOURAKIS, CJ P. KELLY, J
D. H. PEEK, J M. F. BLUE, J
T. L. STANLEY, J K. G. NICHOLSON, J
A. E. BAMPTON, J G. J. PARKER, J D. C. LOVELL, J
S. DOYLE, J
14 April 2016 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 1229
South Australia Supreme Court Special Applications Supplementary
Rules 2014 (Amendment No. 3)
BY virtue and in pursuance of section 72 of the Supreme Court Act 1935 and all other enabling powers, we, Judges of the Supreme Court of South Australia, make the following Supreme Court Special Applications Supplementary Rules 2014 (Amendment No. 3).
1. These Rules may be cited as the Supreme Court Special Applications Supplementary Rules 2014 (Amendment No. 3).
2. The Supreme Court Special Applications Supplementary Rules 2014 are amended as set out below.
3. The amendments made by these Rules come into effect on 1 May 2016 or the date of their gazettal, whichever is later.
4. Form SA9 is deleted and new Form SA9 is inserted in its place. GIVEN under our hands and the Seal of the Supreme Court of South Australia this
29th day of February 2016. C. KOURAKIS, CJ
P. KELLY, J D. H. PEEK, J M. F. BLUE, J
T. L. STANLEY, J K. G. NICHOLSON, J
A. E. BAMPTON, J D. C. LOVELL, J
S. DOYLE, J
1230 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 14 April 2016
Rule 18(3)
Form SA9 Warrant for search and seizure
WARRANT FOR SEARCH AND SEIZURE Independent Commissioner Against Corruption Act 2012 s 31
Serious and Organised Crime (Unexplained Wealth) Act 2009 s 16 Australian Crime Commission (South Australia) Act 2004 s 29
Australian Crime Commission Act 2002 (Cth) s 22
1. On an application made on (insert date) by:
• an investigator appointed/seconded (delete whichever is inapplicable) under
section 14 of the Independent Commissioner Against Corruption Act 2012
(SA)
• the Commissioner of Police
• an eligible person within the meaning of the Australian Crime Commission Act
2002 (Cth)
(delete whichever is inapplicable),
I ………………………………………., a Judge of the Supreme Court of South
Australia, am satisfied that:
• the warrant is reasonably required in the circumstances for the purposes of an
investigation into a potential issue of corruption in public administration and
relates to a private vehicle/place (delete whichever is inapplicable)
• that is reasonably suspected of being or having been used for or in
connection with a prescribed offence
• in which it is reasonably suspected there may be records relating to a
prescribed offence/anything that has been used in/may constitute evidence
of (delete whichever is inapplicable) a prescribed offence
(delete whichever is inapplicable)
being proper grounds for the issue of a warrant under section 31 of the
Independent Commissioner Against Corruption Act 2012
• the
• documents/articles (delete whichever is inapplicable) to which the
application relates
14 April 2016 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 1231
• the person/premises (delete whichever is inapplicable) to which the
application relates might have/contain (delete whichever is inapplicable)
documents/articles (delete whichever is inapplicable)
(delete whichever is inapplicable)
relevant to identifying/tracing/locating/valuing (delete whichever is inapplicable)
a person's wealth being proper grounds for the issue of a warrant under section 16
of the Serious and Organised Crime (Unexplained Wealth) Act 2009
• the applicant has reasonable grounds for suspecting that there may be
• upon land
• upon/in (delete whichever is inapplicable) premises/a vessel/an aircraft/a
vehicle (delete whichever is inapplicable)
(delete whichever is inapplicable)
a thing connected with a special ACC operation/investigation (delete whichever is
inapplicable) and the applicant believes on reasonable grounds that if a summons
were issued for the production of the thing it might be concealed, lost, mutilated
or destroyed being proper grounds for the issue of a warrant under section 29 of
the Australian Crime Commission (South Australia) Act 2004/section 22 of the
Australian Crime Commission Act 2002 (Cth) (delete whichever is inapplicable)
(delete whichever is inapplicable).
2. This warrant authorises (insert name and position)
• to enter and search (set out details of private place and/or private vehicle)
• to seize (set out details)
• to search (set out details) and to seize (set out details)
• to enter (set out details), search (set out details) and seize (set out details)
(delete whichever is inapplicable).
Date:
(Judge of the Supreme Court)
1232 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 14 April 2016 Note The Act under which the warrant is issued prescribes the powers that may be exercised under the warrant.
14 April 2016 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 1233
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1234 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 14 April 2016
CLARE & GILBERT VALLEYS COUNCIL Resignation of Councillor
NOTICE is hereby given in accordance with Section 54 (6) of the Local Government Act 1999, that a vacancy has occurred in the office of Area Councillor, due to the resignation of Councillor Wayne Molineux, to take effect from 21 March 2016.
R. BLIGHT, Chief Executive Officer
CLARE & GILBERT VALLEYS COUNCIL
Close of Roll for Supplementary Election DUE to the resignation of a member of the Council, a supplementary election will be necessary to fill the vacancy of Area Councillor.
The voters roll for this supplementary election will close at 5 p.m. on Friday, 29 April 2016.
You are entitled to vote in the election if you are on the State electoral roll. If you have recently turned 18 or changed your residential or postal address you must complete an electoral enrolment form, available from post offices or online at www.ecsa.sa.gov.au.
If you are not eligible to enrol on the State electoral roll you may still be entitled to enrol to vote if you own or occupy a property. Contact the Council to find out how.
Nominations to fill the vacancy will open on Thursday, 26 May 2016 and will be received until 12 noon on Thursday, 9 June 2016.
The election will be conducted entirely by post with the return of ballot material to reach the Returning Officer no later than 12 noon on Monday, 11 July 2016.
D. GULLY, Returning Officer
DISTRICT COUNCIL OF STREAKY BAY
CALL FOR NOMINATIONS Supplementary Election for Councillor in Flinders Ward
NOMINATIONS to be a candidate for election as a member of the District Council of Streaky Bay will be received between Thursday, 28 April 2016 and 12 noon on Thursday, 12 May 2016. Candidates must submit a profile of not more than 150 words with their nomination form and may also provide a photograph, predominantly head and shoulders, taken within the previous 12 months.
Nomination kits are available from the Council office, 29 Alfred Terrace, Streaky Bay.
A briefing session for intending candidates will be held at 4 p.m. on Thursday, 21 April 2016 at the Conference Room, Visitor Information Centre, 21 Bay Road, Streaky Bay.
D. GULLY, Returning Officer
IN the matter of the estates of the undermentioned deceased persons: Baillie, Ian Thomas, late of 213 Mannum Road, Northern
Heights, retired crane driver, who died on 3 October 2014. Bearcroft, Dennis Thomas, late of 67 Porter Street, Salisbury,
retired electrical fitter, who died on 15 August 2015. Claughton, Kenneth Robert, late of 47 Hosking Road, Tiddy
Widdy Beach, retired engineering technician, who died on 27 December 2015.
Davies, Joyce Georgeana, late of 110 Strathfield Terrace, Largs North, widow, who died on 20 February 2006.
Field Glenda Rae, late of 1-7 Leicester Street, Clearview, of no occupation, who died on 5 November 2015.
Jones, Shirley Anne, late of 26 Crouch Street South, Mount Gambier, home duties, who died on 2 November 2015.
Marshall, Heather, late of 22 Clarence Avenue, Klemzig, director, who died on 16 September 2014.
Mclay, Edward, late of 30 Wicks Avenue, Campbelltown, of no occupation, who died on 11 October 2015.
Salvatore, Vincenzo Nicola, late of 6 Mumford Avenue, St Agnes, retired concreter, who died on 26 October 2014.
Weetra, Ronald Wayne, late of 2-16 Cardigan Street, Angle Park, retired signal man, who died on 27 August 2015.
Notice is hereby given pursuant to the Trustee Act 1936, the Inheritance (Family Provision) Act 1972 and the Family Relationships Act 1975 that all creditors, beneficiaries, and other persons having claims against the said estates are required to send, in writing, to the Office of Public Trustee, G.P.O. Box 1338, Adelaide, S.A. 5001, full particulars and proof of such claims, on or before the 13 May 2016, otherwise they will be excluded from the distribution of the said estates; and notice is also hereby given that all persons indebted to the said estates are required to pay the amount of their debts to the Public Trustee or proceedings will be taken for the recovery thereof; and all persons having any property belonging to the said estates are forthwith to deliver same to the Public Trustee. Dated 14 April 2016.
D. A. CONTALA, Public Trustee
14 April 2016 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 1235
ATTENTION
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