All public acts appearing in this gazette are to be considered official, and obeyed as such
|
|  Yüklə 3.42 Mb.
|
|
Dated at Adelaide, 7 February 2013. R. Hulm, Director, Corporate Services, Housing SA HOUSING AND URBAN DEVELOPMENT (ADMINISTRATIVE ARRANGEMENTS) ACT 1995 Transfer of Assets of the Urban Renewal Authority trading as Renewal SA PURSUANT to the provisions of Section 23 (1) (b) (iii) of the Housing and Urban Development (Administrative Arrangements) Act 1995, I, Tom Koutsantonis, Minister for Housing and Urban Development, with the concurrence of Jay Weatherill, Treasurer, give notice of the transfer of the properties, with Certificate of Title and Address References listed in Schedule 1, from the Urban Renewal Authority trading as Renewal SA to the South Australian Housing Trust, effective from the date of publication of this notice in the Government Gazette. Schedule 1
Dated 31 January 2013. Tom Koutsantonis, Minister for Housing and Urban Development Dated 5 February 2013. Jay Weatherill, Treasurer FISHERIES MANAGEMENT ACT 2007: SECTION 115 TAKE notice that pursuant to Section 115 of the Fisheries Management Act 2007, Dr Peter Gill, Blue Whale Study Inc.,
Schedule 1 The taking of tissue biopsies and attachment of satellite and suction-cup dive-logger tags to blue whales (Balaenoptera musculus) in South Australian waters and collection of krill using hand nets. Schedule 2 1. The exempted activity is permitted in all South Australian Marine Coastal Waters excluding aquatic reserves and specially protected areas namely Marine Parks. 2. The specimens collected by the exemption holder are for scientific and research purposes only and must not be sold. 3. The exemption holder must take all reasonable steps to minimise the extent of injury, damage or harm to the blue whale in undertaking the research activity. 4. Before undertaking the exempted activity pursuant to this notice, the exemption holder or a person acting as an agent must contact the 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 the exemption 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 agents undertaking the exempted activity and other related questions. Exemption No. 9902591. 5. The exemption holder must provide a report in writing detailing the outcomes of the research and collection of tissue biopsies pursuant to this notice to the Executive Director, Fisheries and Aquaculture (G.P.O. Box 1625, Adelaide, S.A. 5001) within 30 days of the final collection (the exempted activity) with the following details: • the date, time and location of sampling; and • any other information deemed relevant or of interest that is able to be volunteered. 6. While engaged in the exempted activity, the exemption holder or agent must be in possession of a copy of this notice. Such notice must be produced to a Fisheries Officer if requested. 7. 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. Dated 1 February 2013. Professor M. Doroudi, Executive Director Fisheries and Aquaculture LIQUOR LICENSING ACT 1997 Notice of Application NOTICE is hereby given, pursuant to Section 52 (2) (b) of the Liquor Licensing Act 1997, that Trang Thi Thuy Pham as trustee for the Trang Pham Family Trust has applied to the Licensing Authority for a Restaurant Licence in respect of premises situated at 799 Main North Road, Pooraka, S.A. 5095 and known as Quan Ngon. The application has been set down for hearing on 12 March 2013 at 11 a.m. Any person may object to the application by lodging a notice of objection in the prescribed form with the Liquor and Gambling Commissioner and serving a copy of the notice on the applicant at the applicant’s address, at least seven days before the hearing date (viz: 5 March 2013). The applicant’s address for service is c/o Tan Quang Le,
The application and certain documents and material (including Plans) relevant to the application may be inspected without fee at a place and during a period specified by the Liquor and Gambling Commissioner, Chesser House, 3rd Floor, 91-97 Grenfell Street, Adelaide, S.A. 5000. Telephone: 8226 8655. Facsimile: 8226 8512. Email: olgc@agd.sa.gov.au. Dated 4 February 2013. Applicant LIQUOR LICENSING ACT 1997
NOTICE is hereby given, pursuant to Section 52 (2) (b) of the Liquor Licensing Act 1997, that Wyargana Partnership has applied to the Licensing Authority for a Producer’s Licence in respect of premises situated at 23 Coates Crescent, Golden Heights, S.A. 5322 and known as Wyargana. The application has been set down for hearing on 12 March 2013 at 10.30 a.m. Any person may object to the application by lodging a notice of objection in the prescribed form with the Liquor and Gambling Commissioner and serving a copy of the notice on the applicant at the applicant’s address, at least seven days before the hearing date (viz: 5 March 2013). The applicant’s address for service is c/o Andrew & Dale, 11 Ahern Street, Berri, S.A. 5343 (Attention: Dimitria Dale). The application and certain documents and material (including Plans) relevant to the application may be inspected without fee at a place and during a period specified by the Liquor and Gambling Commissioner, Chesser House, 3rd Floor, 91-97 Grenfell Street, Adelaide, S.A. 5000. Telephone: 8226 8655. Facsimile: 8226 8512. Email: olgc@agd.sa.gov.au. Dated 4 February 2013. Applicant LIQUOR LICENSING ACT 1997
NOTICE is hereby given, pursuant to Section 52 (2) (b) of the Liquor Licensing Act 1997, that Lourmarin Pty Ltd as trustee for D. and D. Family Trust has applied to the Licensing Authority for a Restaurant Licence in respect of premises situated at Unit 40, 230-232 Grenfell Street, Adelaide, S.A. 5000 and to be known as La Gourmandine. The application has been set down for hearing on 12 March 2013 at 10 a.m. Any person may object to the application by lodging a notice of objection in the prescribed form with the Liquor and Gambling Commissioner and serving a copy of the notice on the applicant at the applicant’s address, at least seven days before the hearing date (viz: 5 March 2013). The applicant’s address for service is c/o Dale Goodes, 1A Short Street, Wayville, S.A. 5034. The application and certain documents and material (including Plans) relevant to the application may be inspected without fee at a place and during a period specified by the Liquor and Gambling Commissioner, Chesser House, 3rd Floor, 91-97 Grenfell Street, Adelaide, S.A. 5000. Telephone: 8226 8655. Facsimile: 8226 8512. Email: olgc@agd.sa.gov.au. Dated 4 February 2013. Applicant LIQUOR LICENSING ACT 1997
NOTICE is hereby given, pursuant to Section 52 (2) (b) of the Liquor Licensing Act 1997, that Kingston Cricket Club Inc. has applied to the Licensing Authority for a Limited Club Licence in respect of premises situated at Fergusson Street, Kingston S.E., S.A. 5275 and to be known as Kingston Cricket Club. The application has been set down for hearing on 11 March 2013 at 9.30 a.m. Any person may object to the application by lodging a notice of objection in the prescribed form with the Liquor and Gambling Commissioner and serving a copy of the notice on the applicant at the applicant’s address, at least seven days before the hearing date (viz: 4 March 2013). The applicant’s address for service is c/o Nathan Turner, 31 Agnes Street, Kingston S.E., S.A. 5275. The application and certain documents and material (including Plans) relevant to the application may be inspected without fee at a place and during a period specified by the Liquor and Gambling Commissioner, Chesser House, 3rd Floor, 91-97 Grenfell Street, Adelaide, S.A. 5000. Telephone: 8226 8655. Facsimile: 8226 8512. Email: olgc@agd.sa.gov.au. Dated 31 January 2013. Applicant MINING ACT 1971 NOTICE is hereby given in accordance with Section 28 (5) of the Mining Act 1971, that the Minister for Mineral Resources and Energy proposes to grant an Exploration Licence over the undermentioned area: Applicant: South East Energy Limited Location: Geegeela area—Approximately 50 km north of Naracoorte. Term: 1 year Area in km2: 461 Ref.: 2012/00305 Plan and co-ordinates can be found on the DMITRE website: http://www.minerals.dmitre.sa.gov.au/public_notices or by phoning Mineral Tenements on (08) 8463 3103. J. Martin, Mining Registrar MINING ACT 1971 NOTICE is hereby given in accordance with Section 28 (5) of the Mining Act 1971, that the Minister for Mineral Resources and Energy proposes to grant an Exploration Licence over the undermentioned area: Applicant: South East Energy Limited Location: Keith area—Approximately 90 km north-north-west of Naracoorte. Term: 1 year Area in km2: 973 Ref.: 2012/00306 Plan and co-ordinates can be found on the DMITRE website: http://www.minerals.dmitre.sa.gov.au/public_notices or by phoning Mineral Tenements on (08) 8463 3103. J. Martin, Mining Registrar MINING ACT 1971 NOTICE is hereby given in accordance with Section 28 (5) of the Mining Act 1971, that the Minister for Mineral Resources and Energy proposes to grant an Exploration Licence over the undermentioned area: Applicant: South East Energy Limited Location: Bordertown area—Approximately 85 km north of Naracoorte. Term: 1 year Area in km2: 496 Ref.: 2012/00308 Plan and co-ordinates can be found on the DMITRE website: http://www.minerals.dmitre.sa.gov.au/public_notices or by phoning Mineral Tenements on (08) 8463 3103. J. Martin, Mining Registrar MINING ACT 1971 NOTICE is hereby given in accordance with Section 28 (5) of the Mining Act 1971, that the Minister for Mineral Resources and Energy proposes to grant an Exploration Licence over the undermentioned area: Applicant: South East Energy Limited Location: Sugerloaf Hill area—Approximately 90 km north-north-west of Naracoorte. Term: 1 year Area in km2: 410 Ref.: 2012/00309 Plan and co-ordinates can be found on the DMITRE website: http://www.minerals.dmitre.sa.gov.au/public_notices or by phoning Mineral Tenements on (08) 8463 3103. J. Martin, Mining Registrar
NOTICE is hereby given in accordance with Section 28 (5) of the Mining Act 1971, that the Minister for Mineral Resources and Energy proposes to grant an Exploration Licence over the undermentioned area: Applicant: South East Energy Limited Location: Kumorna area—Approximately 170 km south-east of Adelaide. Term: 1 year Area in km2: 286 Ref.: 2012/00310 Plan and co-ordinates can be found on the DMITRE website: http://www.minerals.dmitre.sa.gov.au/public_notices or by phoning Mineral Tenements on (08) 8463 3103. J. Martin, Mining Registrar MINING ACT 1971 NOTICE is hereby given in accordance with Section 28 (5) of the Mining Act 1971, that the Minister for Mineral Resources and Energy proposes to grant an Exploration Licence over the undermentioned area: Applicant: NiCul Minerals Limited Location: Mount Kintore to Mount Harriet area—Approximately 320 km west-north-west of Marla. Term: 2 years Area in km2: 1 918 Ref.: 2012/00320 Plan and co-ordinates can be found on the DMITRE website: http://www.minerals.dmitre.sa.gov.au/public_notices or by phoning Mineral Tenements on (08) 8463 3103. J. Martin, Mining Registrar MINING ACT 1971 NOTICE is hereby given in accordance with Section 28 (5) of the Mining Act 1971, that the Minister for Mineral Resources and Energy proposes to grant an Exploration Licence over the undermentioned area: Applicant: Cristal Mining Australia Limited Location: Charra area—Approximately 30 km west-north-west of Ceduna. Term: 1 year Area in km2: 111 Ref.: 2012/00336 Plan and co-ordinates can be found on the DMITRE website: http://www.minerals.dmitre.sa.gov.au/public_notices or by phoning Mineral Tenements on (08) 8463 3103. J. Martin, Mining Registrar
NOTICE is hereby given in accordance with Section 28 (5) of the Mining Act 1971, that the Minister for Mineral Resources and Energy proposes to grant an Exploration Licence over the undermentioned area: Applicant: Australian Metals Group Limited Location: Bulgunnia area—Approximately 30 km north of Tarcoola. Pastoral Leases: Bulgunnia and Wilgena. Term: 1 year Area in km2: 746 Ref.: 2012/00337 Plan and co-ordinates can be found on the DMITRE website: http://www.minerals.dmitre.sa.gov.au/public_notices or by phoning Mineral Tenements on (08) 8463 3103. J. Martin, Mining Registrar MINING ACT 1971 NOTICE is hereby given in accordance with Section 28 (5) of the Mining Act 1971, that the Minister for Mineral Resources and Energy proposes to grant an Exploration Licence over the undermentioned area: Applicant: Energia Minerals Limited Location: Lake Millyera area—Approximately 150 km south-east of Leigh Creek. Pastoral Lease: Frome Downs Term: 1 year Area in km2: 152 Ref.: 2013/00001 Plan and co-ordinates can be found on the DMITRE website: http://www.minerals.dmitre.sa.gov.au/public_notices or by phoning Mineral Tenements on (08) 8463 3103. J. Martin, Mining Registrar MINING ACT 1971 ON 18 October 2012 and at page 4683 of the South Australian Government Gazette notice was given under subsections 29 (1a) and 29 (5) (b) of the Mining Act 1971 (‘the Notice’). Confirmation is hereby given that: (1) The land identified in Columns 1, 2, 3 and 6 of the Schedule became subject to the Notice on the date shown in Column 4 of the Schedule. (2) Applications for corresponding licences may be made by interested parties in the week shown in Column 5 of the Schedule. Such applications will be dealt with on a merits basis. (3) Plans and coordinates for the land identified in Columns 1, 2, 3 and 6 of the Schedule can be obtained at the DMITRE Minerals website:
or by phoning Mineral Tenements on (08) 8463 3103. The Schedule
Dated 7 February 2013. J. Martin, Mining Registrar, Mineral Resources Department for Manufacturing, Innovation, Trade, Resources and Energy Delegate of the Minister for Mineral Resources and Energy
LOTTERY AND GAMING REGULATIONS 2008 Instrument of Authorisation I, JOHN RAU, Minister for Business Services and Consumers, hereby authorise the persons for the time being holding or acting in positions within Consumer and Business Services, Attorney-General’s Department, to exercise for me and on my behalf the powers, functions, duties or responsibilities vested in, imposed on or delegated to the Minister for Business Services and Consumers under the Lottery and Gaming Act 1936 (the Act), as described in the third column of Schedule 1. I also delegate the powers and functions conferred upon me by the Lottery and Gaming Regulations 2008 (the Regulations) as described in Schedule 2 below. In doing so, I expressly revoke all previous authorisations conferred by the Act and the Regulations. This Instrument of Authorisation is to take effect at 12.01 a.m. Monday, 21 January 2013. Dated 21 January 2013. John Rau, Minister for Business Services and Consumers Schedule 1 Authorisation of Functions/Powers under the Lottery and Gaming Act 1936 to Positions within Consumer and Business Services
Schedule 2 Authorisation of Functions/Powers under the Lottery and Gaming Regulations 2008 to Positions within Consumer and Business Services
LOTTERY AND GAMING REGULATIONS 2008 Instrument of Authorisation I, JOHN RAU, Minister for Business Services and Consumers, hereby authorise the persons for the time being holding or acting in positions within Consumer and Business Services, Attorney-General’s Department, to exercise for me and on my behalf the payment of refunds for overpayments of application fees prescribed in the Lottery and Gaming Regulations 2008 (‘the Regulations’), as described in Schedule 1 below. In doing so I expressly revoke any previous authorisation to refund. This authorisation is to take effect at 12.01 a.m. Monday, 21 January 2013. Dated 21 January 2013. John Rau, Minister for Business Services and Consumers Schedule 1 Approval for Payment of Refunds for Application Fee Overpayments
[Republished] IN Government Gazette No. 83 dated 20 December 2012, page 5691, the map was published with a typographical error in the Deposited Plan No. This corrected notice should be replaced with the following: NATIONAL PARKS AND WILDLIFE ACT 1972 Declaration of Bendleby Hills Sanctuary PURSUANT to Division 7, Section 44 of the National Parks and Wildlife Act 1972, I, Paul Caica, Minister for Sustainability, Environment and Conservation, being of the opinion that it is desirable to conserve the animals and plants for which the land depicted as a sanctuary in The Schedule hereto is a natural habitat or environment and having received all the necessary consents, do hereby declare the said land to be a sanctuary for the purposes of the said Act. This notice will commence on the date below and remain in effect until varied or revoked.
Dated 4 September 2012. Paul Caica, Minister for Sustainability, Environment and Conservation PETROLEUM AND GEOTHERMAL ENERGY ACT 2000 Renewal of Pipeline Licence—PL 1 PURSUANT to Section 65 (6) of the Petroleum and Geothermal Energy Act 2000 (the Act) and Delegation dated 21 March 2012, notice is hereby given that an application for the renewal of Pipeline Licence No. 1 has been received from: Epic Energy South Australia Pty Ltd This application will be determined on or after 7 March 2013. Map of Pipeline Route 
Further information regarding the pipeline can be found on the Department for Manufacturing, Innovation, Trade, Resources and Energy website here: http://www.misa.net.au/__data/assets/pdf_file/0016/26611/pline_001www.pdf Date: 31 January 2013. B. A. Goldstein, Executive Director Energy Resources Division Department for Manufacturing, Innovation, Trade, Resources and Energy Delegate of the Minister for Mineral Resources and Energy Petroleum and Geothermal Energy Act 2000 Cessation of Suspension—Petroleum Exploration Licence PEL 114 Pursuant to Section 90 of the Petroleum and Geothermal Energy Act 2000, notice is hereby given that the suspension of PEL 114 dated 11 September 2012 has been ceased under the provisions of the Petroleum and Geothermal Energy Act 2000, with effect from 31 January 2013, pursuant to delegated powers dated 21 March 2012. The expiry date of PEL 114 is now determined to be 19 November 2013. Dated 30 January 2013.
Executive Director, Energy Resources Division, Department for Manufacturing, Innovation, Trade, Resources and Energy Delegate of the Minister for Mineral Resources and Energy NATIONAL ELECTRICITY LAW THE Australian Energy Market Commission (AEMC) gives notice under the National Electricity Law of the following matter. Under Section 95, SCER has requested the Network Service Provider Expenditure Objectives Rule proposal (Project Ref. ERC0152). The proposal seeks to clarify that NSPs are only able to seek sufficient expenditure for reliability to comply with relevant jurisdictional standards. Submissions must be received by 7 March 2013. Submissions can be lodged online via the AEMC’s website at www.aemc.gov.au. Before lodging your submission, you must 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. All documents in relation to the above matters are published on the AEMC’s website and are available for inspection at the offices of the AEMC. Australian Energy Market Commission Level 5, 201 Elizabeth Street Sydney, N.S.W. 2000 Telephone: (02) 8296 7800 Facsimile: (02) 8296 7899 7 February 2013. NOTICE TO MARINERS No. 4 of 2013 South Australia—Gulf St Vincent—Port Adelaide River— K Berth—Dredging Operations MARINERS are advised that Maritime Constructions will be carrying out dredging operations in the Port Adelaide River from 4 February 2013 to 8 February 2013. The work is outside of the main channel in K Berth at Peterhead. The dredging will be undertaken off a barge and the barge will exhibit the appropriate lights and shapes as required by the International Regulations for Preventing Collisions at Sea, 1972. The dredging operations Project Manager can be contacted on 0407 166 296. Mariners are advised to proceed with caution in the vicinity. Navy Chart affected: Aus 137. Publication affected: Australian Pilot, Volume 1 (Third Edition 2011), page 403. Adelaide, 25 January 2013. Tom Koutsantonis, Minister for Transport FP 2012/0105 DPTI 2013/01860 NOTICE TO MARINERS No. 5 of 2013 South Australia—Thevenard—New Beacon on Daphne Rock MARINERS are advised that the unlit starboard beacon on Daphne Rock south of Thevenard in position latitude 320932.66S, longitude 1333828.72E has been removed and replaced with a new lit starboard beacon in position latitude 320931.62S, longitude 1333827.00E. The light characteristics of the new beacon are Fl (G) 3 secs, range 2 nautical miles. Mariners are advised to navigate with extreme caution in the vicinity. Chart affected: Aus 122. Adelaide, 30 January 2013. Tom Koutsantonis, Minister for Transport DPTI 2013/01860 PROFESSIONAL STANDARDS ACT 2004 Institute of Chartered Accountants in Australia (South Australia) Scheme PURSUANT to Section 34 (2) of the Professional Standards Act 2004, I authorise the extension of the period for which the Institute of Chartered Accountants in Australia (South Australia) Scheme is in force until 19 August 2013. Dated 30 January 2013.
PROFESSIONAL STANDARDS ACT 2004 (SA) The Institute of Chartered Accountants in Australia (South Australia) Scheme Preamble A. The Institute of Chartered Accountants in Australia (the Institute) is a national occupational association. B. The Institute has made an application to the Professional Standards Council, appointed under the Professional Standards Act 2004 (South Australia) (the Act), for a scheme under the Act. C. The scheme is prepared by the Institute for the purposes of limiting occupational liability to the extent to which such liability may be limited under the Act. D. The scheme propounded by the Institute is to apply to all participating members referred to in Clauses 2.2 and 2.3 of the scheme E. The Institute has furnished the Council with a detailed list of risk management strategies intended to be implemented in respect of its members and the means by which those strategies are intended to be implemented. F. The Scheme is intended to commence on 8 October 2007 and to remain in force for a period of five years from its commencement unless it is revoked, extended or ceases in accordance with Section 34 of the Act.
1. Occupational Association 1.1 The Institute Scheme (‘the Scheme’) is a Scheme under the Professional Standards Act 2004 (South Australia) (‘the Act’) of the Institute of Chartered Accountants in Australia (‘the Institute’), Level 14, 37 York Street, Sydney, N.S.W. 2000. 1.2 Definitions of terms used in the Scheme appear in the Scheme, including in Part 4. 2. Persons to Whom the Scheme Applies 2.1 The Scheme applies to participating members, being those Institute members referred to in Clauses 2.2 and 2.3 of the Scheme, and to all persons to whom the Scheme applied at the time of the relevant act or omission on which a cause of action for damages for occupational liability is founded1. Each such participating member and person is referred to in the Scheme as a ‘participant’. 2.2 All members who hold a current Certificate of Public Practice issued by the Institute and affiliate members of the Institute, other than financial services licensees. 2.3 All practice entity members of the Institute, other than financial services licensees. 2.4 No person to whom the Scheme applies may choose not to be subject to the Scheme, provided that the Institute may, on application by a person, exempt the person from the Scheme if the Institute is satisfied that he or she would suffer financial hardship in obtaining professional indemnity insurance to the levels set out in Clause 3.1 below. 3. Limitation of Liability 3.1 This scheme only affects the liability of a participant for damages arising from a single cause of action to the extent to which the liability results in damages exceeding:
3.2 Where a participant against whom a proceeding is brought relating to occupational liability in connection with Category 1 services is able to satisfy the court of (a), (b) or (c) below, the participant is not liable in damages in relation to that cause of action above the lesser of the Category 1 limitation amount determined under Clause 3.4 and the Category 1 monetary ceiling specified in Clause 3.3: (a) the participant has the benefit of an insurance policy insuring the participant against that occupational liability, and the amount payable under the insurance policy in respect of the occupational liability relating to that cause of action (including any amount payable by the person by way of excess under or in relation to the policy) is not less than the amount of the Category 1 monetary ceiling or the Category 1 limitation amount; OR
OR
Sections 20 and 21 of the Act provide that if the scheme applies to a body corporate or a person, it also applies to each officer of the body corporate and to each partner and employee of the person, provided that if the officer, partner or employee is entitled to be a member of the same occupational association as the body corporate or person, but is not a member, the scheme does not apply to that officer, partner or employee. Section 22 provides that the scheme will also apply to any associated persons who are prescribed by regulations. 3.3 The Category 1 monetary ceiling is $75 million. 3.4 The Category 1 limitation amount is an amount equal to a reasonable charge for the Category 1 services provided by the participant or which the participant failed to provide and to which the cause of action relates, multiplied by the multiplier specified in clause 3.4.2 below. 3.4.1 In determining the amount of a reasonable charge a court is to have regard to any amount actually charged and to:
3.4.2 The multiplier is 10. 3.5 Where a participant against whom a proceeding is brought relating to occupational liability in connection with Category 2 services is able to satisfy the court of (a), (b), or (c) below, the participant is not liable in damages in relation to that cause of action above the monetary ceiling specified in Clause 3.6:
OR
OR
3.6 The Category 2 monetary ceiling is the lesser of: (a) $20 million; and (b) the highest fee (or the highest total of fees) billed by a participant (or if the participant is a member of a practice entity (whether a practice entity member of the Institute or not), by all participants who are members of or a part of the practice entity) in a single financial year for a Category 2 engagement: (i) over the three full financial years immediately prior to the financial year in which the participant commences to provide the Category 2 services which are the subject of the proceeding against the participant, or (ii) if the participant has less than three full financial years’ Category 2 services fee history immediately prior to the financial year in which the participant commences to provide the Category 2 services which are the subject of the proceeding against the participant, over the two full financial years or (if the participant has less than 2 years’ but one year’s or more than one year’s such fee history) that full financial year immediately prior to the financial year in which the participant commences to provide the Category 2 services which are the subject of the proceeding, multiplied by 10 OR
3.7 Where a participant against whom a proceeding is brought relating to occupational liability in connection with Category 3 services is able to satisfy the court of (a), (b), or (c) below, the participant is not liable in damages in relation to that cause of action above the lesser of the Category 3 limitation amount determined under Clause 3.9 and the amount of the Category 3 monetary ceiling specified in Clause 3.8: (a) the participant has the benefit of an insurance policy insuring the participant against that occupational liability, and the amount payable under the insurance policy in respect of the occupational liability relating to that cause of action (including any amount payable by the person by way of excess under or in relation to the policy) is not less than the amount of the Category 3 monetary ceiling or the Category 3 limitation amount; OR
OR
3.8 The Category 3 monetary ceiling is $20 million. 3.9 The Category 3 limitation amount is an amount equal to a reasonable charge for the Category 3 services provided by the participant or which the participant failed to provide and to which the cause of action relates, multiplied by the multiplier specified in Clause 3.9.2 below. 3.9.1 In determining the amount of a reasonable charge a court is to have regard to any amount actually charged and to: (a) the amount that would ordinarily be charged in accordance with a scale of charges prescribed or accepted by the Institute; or (b) if there is no such scale, the amount that a competent person of the same qualifications and experience as the participant would be likely to charge in the same circumstances. 3.9.2 The multiplier is 10. 3.10 Pursuant to Section 26 of the Act, this scheme confers on the Institute a discretionary authority to specify, on application by a participant, a higher maximum amount of liability not exceeding $75 million than would otherwise apply under the scheme in respect of any specified case or class of case of Category 2 services or Category 3 services, where the fee for the service or services is, or is reasonably expected to be, $2 million or greater. The higher maximum amount of liability will apply if the Institute exercises its discretion and approves the higher maximum amount of liability prior to the participant beginning to provide the relevant services. 3.11 In circumstances where the services provided by a participant comprise a combination of Category 1 services and any of:
the participant’s liability under this Scheme for damages in respect of a proceeding in relation to occupational liability in excess of the applicable amount specified in Clause 3.1 brought against it will be the highest of: (a) the lesser of the Category 1 limitation amount determined under clause 3.4 and the amount of the Category 1 monetary ceiling specified in clause 3.3, in respect of the Category 1 services; and (b) the Category 2 monetary ceiling in respect of the Category 2 services, determined in accordance with Clause 3.6; and (c) the lesser of the Category 3 limitation amount determined under Clause 3.9 and the amount of the Category 3 monetary ceiling specified in Clause 3.8, in respect of the Category 3 services. 3.12 In circumstances where the services provided by a participant comprise a combination of Category 2 services and Category 3 services, the participant’s liability under this Scheme for damages in respect of a proceeding in relation to occupational liability in excess of the applicable amount specified in Clause 3.1 brought against it will be (subject to Clause 3.10) the higher of: (a) the Category 2 monetary ceiling in respect of the Category 2 services, determined in accordance with Clause 3.6; and (b) the lesser of the Category 3 limitation amount determined under Clause 3.9 and the amount of the Category 3 monetary ceiling specified in Clause 3.8, in respect of the Category 3 services. 3.13 Nothing in this Scheme is intended to increase, or has the effect of increasing, a participant’s liability for damages to a person beyond the amount that, other than for the existence of this Scheme, the participant would be liable in law. 3.14 This scheme only limits the amount of damages for which a participant is liable if and to the extent that the damages exceed the applicable amount specified in Clause 3.1. Where the amount of damages in relation to a cause of action exceeds the applicable amount specified in Clause 3.1 but the damages which may be awarded as determined by this scheme are equal to or less than the applicable amount specified in Clause 3.1, liability for those damages will instead be limited to the applicable amount specified in clause 3.1. 4. Definitions 4.1 In this Scheme, the following words and phrases have the following meanings: ‘Category 1 services’ means: • all services required by Australian law to be provided only by a registered company auditor; • all other services provided by a registered company auditor in his or her capacity as auditor; • all services the deliverables from which: (i) will be used in determining the nature, timing and extent of audit procedures in the context of an audit of a financial report; (ii) will be incorporated into the financial report of an entity; or (iii) are required by law or regulation to be filed with a regulator (excluding returns signed by a registered tax agent); ‘Category 2 services’ means: • services to which Chapter 5 or Chapter 5A of the Corporations Act applies; • services provided pursuant to Section 233 (2) of the Corporations Act; • services to which the Bankruptcy Act 1966 applies; • services arising out of any court appointed liquidation or receivership. ‘Category 3 services’ means any services provided by a participant in the performance of his, her or its occupation, which are not Category 1 or Category 2 services. ‘occupational liability’ has the same meaning as is ascribed to that term in the Act.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
