South Australian Consolidated Acts

LOCAL GOVERNMENT (IMPLEMENTATION) ACT 1999 - SECT 35

35—By-laws

        (1)         If—

            (a)         a by-law is in force under the 1934 Act immediately before the provision under which the by-law is made is struck out by or under this Act; and

            (b)         provision is made—

                  (i)         under the 1999 Act or another Act; or

                  (ii)         by regulation under this section,

for—

                  (iii)         the making of by-laws concerning the same or substantially the same subject-matter as the subject-matter to which the by-law relates; or

                  (iv)         the preservation of the by-law,

then, despite any other Act or law, the by-law continues in force as if made under the 1999 Act or other Act (as the case requires or as the regulations may prescribe).

        (2)         If—

            (a)         proceedings relating to the making of a by-law have been commenced but not finally completed before the provision under which the by-law is made is struck out by or under this Act; and

            (b)         provision is made—

                  (i)         under the 1999 Act or another Act; or

                  (ii)         by regulation under this section,

for—

                  (iii)         the making of by-laws concerning the same or substantially the same subject-matter as the subject-matter to which the by-law relates; or

                  (iv)         the preservation of the by-law,

then, despite any other Act or law, the proceedings may be completed as if this Act had not been enacted and the by-law will, if or when it is made, have effect as if made under the 1999 Act or other Act (as the case requires or as the regulations may prescribe).

        (3)         A by-law made under the 1934 Act (including by the operation of subsection (2)), and all subsequent by-laws altering that by-law, unless it has already expired or been revoked, expire on 1 January of the year following the year in which the seventh anniversary of the day on which the by-law was made falls.

        (4)         For the purposes of subsection (3), a by-law will be taken to have been made on the day on which it is published in the Gazette or, in the case of a model by-law, the day on which the notice of the resolution adopting the model by-law is published in the Gazette.

        (5)         A by-law of a prescribed class may take effect from a day specified in the resolution making the by-law (which must not be earlier than the day of publication of the resolution in the Gazette) despite any other Act or law.