South Australian Consolidated Acts South Australian Consolidated ActsNotes
• Amendments of this version that are uncommenced are not
incorporated into the text.
• Please note—References in the legislation to other
legislation or instruments or to titles of bodies or offices are not
automatically updated as part of the program for the revision and publication of
legislation and therefore may be obsolete.
• Earlier versions of this Act (historical versions) are listed at
the end of the legislative history.
• For further information relating to the Act and subordinate
legislation made under the Act see the Index of South Australian Statutes or
www.legislation.sa.gov.au.
Principal Act and amendments
New entries appear in bold.
|
Year |
No |
Title |
Assent |
Commencement |
|
1999 |
63 |
26.8.1999 |
1.1.2000 (Gazette 9.12.1999 p3113) |
|
|
2005 |
35 |
Statutes Amendment (Local Government Elections) Act 2005 |
14.7.2005 |
Pt 4 (ss 23—27, 29, 30, 43—45, 47—51) &
Sch 1 (cll 1—4, 5(2), 6—9)—18.8.2005; ss 28,
31—42, 46 & Sch 1 (cl 5(1))—1.1.2006 (Gazette
18.8.2005 p3058) |
|
2006 |
17 |
Statutes Amendment (New Rules of Civil Procedure) Act
2006 |
6.7.2006 |
Pt 47 (s 162)—4.9.2006 (Gazette 17.8.2006
p2831) |
|
2009 |
50 |
Local Government (Elections) (Miscellaneous) Amendment Act
2009 |
5.11.2009 |
Pt 2 (ss 4—22) & Sch 1
(cl 4)—uncommenced |
Provisions amended
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in
italics.
|
Provision |
How varied |
Commencement |
|
Pt 1 |
|
|
|
s 2 |
omitted under Legislation Revision and Publication
Act 2002 |
18.8.2005 |
|
s 4 |
|
|
|
s 4(1) |
|
|
|
amended by 35/2005 s 23(1) |
18.8.2005 |
|
|
Pt 2 |
|
|
|
s 5 |
substituted by 35/2005 s 24 |
18.8.2005 |
|
s 6 |
|
|
|
s 6(2) |
amended by 35/2005 s 25(1) |
18.8.2005 |
|
s 6(3) |
amended by 35/2005 s 25(2) |
18.8.2005 |
|
s 7 |
|
|
|
s 7(2a) |
inserted by 35/2005 s 26(1) |
18.8.2005 |
|
s 7(3) |
amended by 35/2005 s 26(2) |
18.8.2005 |
|
s 7(4) |
amended by 35/2005 s 26(3) |
18.8.2005 |
|
s 9 |
|
|
|
s 9(6) |
substituted by 35/2005 s 27 |
18.8.2005 |
|
Pt 4 |
|
|
|
s 14 |
|
|
|
s 14(1) |
amended by 35/2005 s 28(1), (2) |
1.1.2006 |
|
s 14(8) |
inserted by 35/2005 s 28(3) |
1.1.2006 |
|
s 15 |
|
|
|
s 15(7) |
amended by 35/2005 s 29(1) |
18.8.2005 |
|
s 15(9) |
substituted by 35/2005 s 29(2) |
18.8.2005 |
|
Pt 5 |
|
|
|
s 16 |
|
|
|
s 16(4) |
substituted by 35/2005 s 30 |
18.8.2005 |
|
Pt 6 |
|
|
|
s 17 |
|
|
|
s 17(2) |
amended by 35/2005 s 31 |
1.1.2006 |
|
s 18 |
substituted by 35/2005 s 32 |
1.1.2006 |
|
s 19 |
|
|
|
s 19(1) |
amended by 35/2005 s 33(1) |
1.1.2006 |
|
s 19(2) |
substituted by 35/2005 s 33(2) |
1.1.2006 |
|
s 19(4) |
amended by 35/2005 s 33(3) |
1.1.2006 |
|
s 19(7) |
inserted by 35/2005 s 33(4) |
1.1.2006 |
|
s 22 |
|
|
|
s 22(1) |
amended by 35/2005 s 34(1) |
1.1.2006 |
|
s 22(2) |
amended by 35/2005 s 34(2) |
1.1.2006 |
|
s 23 |
amended by 35/2005 s 35 |
1.1.2006 |
|
s 26 |
|
|
|
s 26(1) |
amended by 35/2005 s 36(1) |
1.1.2006 |
|
s 26(2) |
amended by 35/2005 s 36(2) |
1.1.2006 |
|
Pt 8 |
|
|
|
s 29 |
|
|
|
s 29(3) |
substituted by 35/2005 s 37 |
1.1.2006 |
|
Pt 9 |
|
|
|
s 39 |
|
|
|
s 39(1) |
amended by 35/2005 s 38(1) |
1.1.2006 |
|
s 39(4) |
amended by 35/2005 s 38(2), (3) |
1.1.2006 |
|
s 39(5) |
amended by 35/2005 s 38(4) |
1.1.2006 |
|
s 39(12) |
inserted by 35/2005 s 38(5) |
1.1.2006 |
|
s 40 |
|
|
|
s 40(1) |
amended by 35/2005 s 39 |
1.1.2006 |
|
s 41 |
|
|
|
s 41(1) |
s 41 amended and redesignated as s 41(1) by 35/2005 s 40(1),
(2) |
1.1.2006 |
|
s 41(2) and (3) |
inserted by 35/2005 s 40(2) |
1.1.2006 |
|
s 42 |
amended by 35/2005 s 41 |
1.1.2006 |
|
s 43 |
|
|
|
s 43(4) |
inserted by 35/2005 s 42 |
1.1.2006 |
|
Pt 11 |
|
|
|
s 47 |
|
|
|
s 47(1) |
substituted by 35/2005 s 43 |
18.8.2005 |
|
s 48 |
|
|
|
s 48(4) |
amended by 35/2005 s 44 |
18.8.2005 |
|
s 49 |
|
|
|
s 49(1) |
amended by 35/2005 s 45(1) |
18.8.2005 |
|
s 49(2) |
amended by 35/2005 s 45(2) |
18.8.2005 |
|
s 51 |
|
|
|
s 51(1) |
substituted by 35/2005 s 46 |
1.1.2006 |
|
s 51(1a) |
inserted by 35/2005 s 46 |
1.1.2006 |
|
s 53 |
|
|
|
s 53(1) |
amended by 35/2005 s 47(1) |
18.8.2005 |
|
s 53(2) |
amended by 35/2005 s 47(2) |
18.8.2005 |
|
s 55A |
inserted by 35/2005 s 48 |
18.8.2005 |
|
Pt 13 |
|
|
|
s 77 |
substituted by 17/2006 s 162 |
4.9.2006 |
|
Pt 15 |
|
|
|
s 92 |
|
|
|
s 92(1) |
amended by 35/2005 s 49(1) |
18.8.2005 |
|
s 92(3)—(7) |
inserted by 35/2005 s 49(2) |
18.8.2005 |
|
s 92A |
inserted by 35/2005 s 50 |
18.8.2005 |
|
Sch |
deleted by 35/2005 s 51 |
18.8.2005 |
Transitional etc provisions associated with Act or
amendments
Statutes Amendment (Local Government Elections) Act
2005, Sch 1—Transitional provisions
In this Schedule—
2006 periodic elections means the periodic elections to
determine the membership of councils to be held in 2006 according to section 5
of the Local Government (Elections) Act 1999, as substituted by this
Act.
A member of a council—
(a) holding office immediately before the commencement of this clause;
or
(b) elected or appointed after the commencement of this clause and before
the close of nominations for the 2006 periodic elections,
may, subject to the provisions of the Local Government
Act 1999, the Local Government (Elections) Act 1999 or the
City of Adelaide Act 1998 (as the case requires), continue to hold
his or her office until the conclusion of the 2006 periodic elections for the
relevant office.
(1) A council may—
(a) review the allowances to be payable to its members under section 24 of
the City of Adelaide Act 1998 or section 76 of the Local
Government Act 1999 (as the case requires) to take into account any
relevant provision made by regulation on account of the enactment of this
Act;
(b) as may be required, fix or apply allowances for any period up to the
conclusion of the 2006 periodic election.
(2) An allowance under subclause (1) must be recorded in the Register
of Allowances and Benefits for the relevant council.
4—Training and development
policy
A council is not required to have a training and development policy under
section 80A of the Local Government Act 1999 until 1 July
2006.
5—Rolls and electoral
processes
(1) The chief executive officer of a council cannot rely on subsection (8)
of section 14 of the Local Government (Elections) Act 1999 (as
enacted by this Act) with respect to an entry on a voters roll at the time of
the commencement of this subclause unless—
(a) the chief executive officer has sent a notice addressed to the
relevant person at the rateable property advising the person about the operation
of that section and the entitlements that apply with respect to the enrolment of
residents; and
(b) the chief executive officer receives no reply within 28 days of the
notice (or receives a reply within that period but the reply does not establish,
to the satisfaction of the chief executive officer, that the person is an
occupier within the ambit of section 14(1)(a)(iv) or (c)(iv) of the Local
Government (Elections) Act 1999).
(2) To avoid doubt—
(a) any roll prepared under Schedule 1 of the City of Adelaide
Act 1998 will, until revised, have effect under the Local Government
(Elections) Act 1999; and
(b) any application or other process made, commenced or dealt with under
the City of Adelaide Act 1998 will (if relevant) have effect for the
purposes of the Local Government (Elections) Act 1999.
6—Review
of council structures
(1) If a council has, before the commencement of this clause, commenced a
review under section 12 of the Local Government Act 1999 by the
publication of a notice under subsection (5) of that section (as in
existence before the amendment of that section by this Act), the council may
continue with the process as set out in that section as if it had not been
amended until an appropriate certificate is obtained from the Electoral
Commissioner under that section.
(2) However, if—
(a) a proposal within the ambit of subclause (1) proposes that the
composition of the relevant council be altered so that—
(i) the council will have a chairperson rather than a mayor; or
(ii) the council will have a mayor rather than a chairperson;
and
(b) the council has not, before the commencement of this clause, referred
its report on the proposal to the Electoral Commissioner under
section 12(12) of the Local Government Act 1999,
the proposal cannot proceed unless or until it is approved at a poll in the
manner contemplated by section 12(11c) and (11d) of the Local
Government Act 1999 as enacted by this Act.
(3) A proposal within the ambit of subclause (1) will then take
effect in accordance with section 12(11b) and (18) of the Local
Government Act 1999 as enacted by this Act.
(1) In addition to the operation of clause 6, if, at the time of the
commencement of this clause—
(a) —
(i) a council is undertaking a review of its composition under
section 12 of the Local Government Act 1999 and has referred
its report on its proposal or proposals to the Electoral Commissioner under
subsection (12) of that section; and
(ii) a proposal is that the composition of the council be altered so
that—
(A) the council will have a chairperson rather than a mayor; or
(B) the council will have a mayor rather than a chairperson; or
(b) —
(i) a council has completed a review under section 12 of the Local
Government Act 1999; and
(ii) a proposal arising from the review is that the composition of the
council be altered so that—
(A) the council will have a chairperson rather than a mayor; or
(B) the council will have a mayor rather than a chairperson; and
(iii) the composition of the council is to be altered as from the next
general election of members of the council,
then despite the operation of section 12 of the Local Government
Act 1999 (and anything that would otherwise take effect if it were not
for the operation of this provision), the proposal cannot take effect unless or
until it is approved at a poll of electors for the relevant area as if it were a
proposal within the ambit of clause 6(2) (and accordingly subject to the
requirements of section 12(11c) and (11d) of the Local Government
Act 1999 as enacted by this Act).
(2) A proposal that is approved under subclause (1) will then have
effect in accordance with a determination of the Electoral Commissioner under
this clause.
(1) In this clause—
representative member of the LGFA Board means a
representative member of the Board of the Local Government Finance Authority of
South Australia.
(2) The Governor may, by proclamation—
(a) extend the term of office of a person who, immediately before the date
of the proclamation, is a representative member of the LGFA Board to a date
fixed by the proclamation;
(b) fix the term of office of a person who is to be elected or appointed
(including by virtue of being re-elected or re-appointed) as a representative
member of the LGFA Board to fill an office that will become vacant on the date
fixed under paragraph (a).
(3) A proclamation under this clause has effect despite section 8(1) of
the Local Government Finance Authority Act 1983.
(1) The Governor may, by regulation, make additional provisions of a
saving or transitional nature consequent on the enactment of this Act.
(2) A provision of a regulation made under subclause (1) may, if the
regulation so provides, take effect from the commencement of this Act or from a
later day.
(3) To the extent to which a provision takes effect under
subclause (2) from a day earlier than the day of the regulation's
publication in the Gazette, the provision does not operate to the disadvantage
of a person by—
(a) decreasing the person's rights; or
(b) imposing liabilities on the person.
(4) The Acts Interpretation Act 1915 will, except to the
extent of any inconsistency with the provisions of this Schedule (or regulations
made under this clause), apply to any amendment or repeal effected by this
Act.
Historical versions
|
18.8.2005 |
|
|
1.1.2006 |
|