South Australian Consolidated Acts South Australian Consolidated ActsNotes
• 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.
Legislation repealed by principal
Act
The City of Adelaide Act 1998 repealed the following:
Rundle Street Mall Act 1975
Principal Act and amendments
New entries appear in bold.
|
Year |
No |
Title |
Assent |
Commencement |
|
1998 |
47 |
3.9.1998 |
10.9.1998 (Gazette 10.9.1998 p814) except s 31—3.9.1998:
s 2(2) and except ss 6—19, 21—30 and
32—37—14.12.1998 (Gazette 3.12.1998 p1674) |
|
|
1999 |
38 |
City of Adelaide (Rundle Mall) Amendment Act 1999 |
5.8.1999 |
25.11.1999 (Gazette 25.11.1999 p2434) |
|
1999 |
39 |
Road Traffic (Road Rules) Amendment Act 1999 |
5.8.1999 |
1.12.1999 (Gazette 11.11.1999 p2254) |
|
1999 |
64 |
18.11.1999 |
s 5—1.1.2000 (Gazette 9.12.1999 p3113) |
|
|
2005 |
35 |
Statutes Amendment (Local Government Elections) Act 2005 |
14.7.2005 |
Pt 2 (ss 4—9) & Sch 1 (cll 1—4, 5(2),
6—9)—18.8.2005; Sch 1 (cl 5(1))—1.1.2006 (Gazette
18.8.2005 p3058) |
|
2005 |
60 |
Local Government (Financial Management and Rating) Amendment Act
2005 |
1.12.2005 |
Sch 1 (cll 1 & 2)—25.1.2007 (Gazette 25.1.2007
p276) |
|
2005 |
69 |
8.12.2005 |
Sch 1 (cl 2)—14.12.2006 (Gazette 7.12.2006
p4269) |
|
|
2006 |
6 |
City of Adelaide (Representation Review) Amendment Act
2006 |
29.6.2006 |
29.6.2006 |
|
2006 |
43 |
Statutes Amendment (Domestic Partners) Act 2006 |
14.12.2006 |
Pt 14 (s 41)—1.6.2007 (Gazette 26.4.2007 p1352) |
|
2009 |
50 |
Local Government (Elections) (Miscellaneous) Amendment Act
2009 |
5.11.2009 |
Sch 1 (cll 1—3)—21.12.2009 (Gazette 10.12.2009
p6167) |
|
2009 |
66 |
Statutes Amendment (Council Allowances) Act 2009 |
10.12.2009 |
Pt 3 (s 5)—14.1.2010 (Gazette 14.1.2010
p51) |
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 |
|
|
|
relevant day |
deleted by 35/2005 s 4 |
18.8.2005 |
|
s 5 |
|
|
|
s 5(1) |
amended by 64/1999 s 5(a) |
1.1.2000 |
|
s 5(2) |
amended by 64/1999 s 5(b) |
1.1.2000 |
|
Pt 2 |
|
|
|
s 18 |
|
|
|
s 18(1) |
amended by 50/2009 Sch 1 cl 1 |
21.12.2009 |
|
Pt 3 |
|
|
|
s 20 |
|
|
|
s 20(1) |
amended by 35/2005 s 5(1) |
18.8.2005 |
|
|
amended by 6/2006 s 3(1) |
29.6.2006 |
|
s 20(2) |
deleted by 6/2006 s 3(2) |
29.6.2006 |
|
s 20(4) |
amended by 64/1999 s 5(c) |
1.1.2000 |
|
s 20(5) |
amended by 64/1999 s 5(d)—(g) |
1.1.2000 |
|
|
amended by 35/2005 s 5(2)—(4) |
18.8.2005 |
|
|
substituted by 6/2006 s 3(3) |
29.6.2006 |
|
|
expired: 6/2006 s 5—omitted under Legislation Revision and
Publication Act 2002 |
(10.11.2007) |
|
s 20(6) |
inserted by 35/2005 s 5(5) |
18.8.2005 |
|
|
deleted by 6/2006 s 3(3) |
29.6.2006 |
|
s 22 |
|
|
|
s 22(3) |
amended by 64/1999 s 5(h) |
1.1.2000 |
|
s 23 |
|
|
|
s 23(1) |
amended by 35/2005 s 6 |
18.8.2005 |
|
s 24 before substitution by 66/2009 |
|
|
|
s 24(1) |
amended by 64/1999 s 5(i) |
1.1.2000 |
|
s 24(2) |
substituted by 35/2005 s 7(1) |
18.8.2005 |
|
s 24(3) |
substituted by 64/1999 s 5(j) |
1.1.2000 |
|
s 24(4) |
substituted by 64/1999 s 5(j) |
1.1.2000 |
|
|
amended by 35/2005 s 7(2) |
18.8.2005 |
|
s 24(5) and (6) |
substituted by 64/1999 s 5(j) |
1.1.2000 |
|
s 24(7) |
substituted by 64/1999 s 5(j) |
1.1.2000 |
|
|
substituted by 35/2005 s 7(3) |
18.8.2005 |
|
s 24(8) |
inserted by 64/1999 s 5(j) |
1.1.2000 |
|
s 24(9) |
inserted by 64/1999 s 5(j) |
1.1.2000 |
|
|
substituted by 35/2005 s 7(4) |
18.8.2005 |
|
s 24 |
substituted by 66/2009 s 5 |
14.1.2010 |
|
s 25 |
substituted by 64/1999 s 5(k) |
1.1.2000 |
|
s 27 |
amended by 64/1999 s 5(l) |
1.1.2000 |
|
s 29 |
amended by 64/1999 s 5(m) |
1.1.2000 |
|
s 31 |
deleted by 39/1999 Sch cl 2 |
1.12.1999 |
|
s 32 before deletion by 60/2005 |
|
|
|
s 32(1) |
amended by 64/1999 s 5(n) |
1.1.2000 |
|
s 32(2) |
amended by 64/1999 s 5(o)—(q) |
1.1.2000 |
|
s 32(4) |
amended by 64/1999 s 5(r) |
1.1.2000 |
|
s 32 |
deleted by 60/2005 Sch 1 cl 1 |
25.1.2007 |
|
s 33 before deletion by 60/2005 |
|
|
|
s 33(1) |
amended by 64/1999 s 5(s) |
1.1.2000 |
|
s 33(4) |
amended by 64/1999 s 5(t) |
1.1.2000 |
|
s 33 |
deleted by 60/2005 Sch 1 cl 1 |
25.1.2007 |
|
s 34 |
|
|
|
s 34(1) |
amended by 64/1999 s 5(u) |
1.1.2000 |
|
s 34(2) |
amended by 64/1999 s 5(v) |
1.1.2000 |
|
|
amended by 60/2005 Sch 1 cl 2(1) |
25.1.2007 |
|
s 34(3) |
amended by 60/2005 Sch 1 cl 2(2) |
25.1.2007 |
|
s 35 |
|
|
|
s 35(1) |
deleted by 64/1999 s 5(w) |
1.1.2000 |
|
s 35(2) |
amended by 64/1999 s 5(x) |
1.1.2000 |
|
s 37 |
|
|
|
s 37(1) |
amended by 64/1999 s 5(y) |
1.1.2000 |
|
s 37(2) |
amended by 64/1999 s 5(z) |
1.1.2000 |
|
Pt 4 |
|
|
|
s 37A |
inserted by 38/1999 s 3 |
25.11.1999 |
|
s 37A(10) |
amended by 50/2009 Sch 1 cl 2 |
21.12.2009 |
|
s 37B |
inserted by 64/1999 s 5(za) |
1.1.2000 |
|
s 37C |
inserted by 64/1999 s 5(za) |
1.1.2000 |
|
|
substituted by 69/2005 Sch 1 cl 2 |
14.12.2006 |
|
s 39 before deletion by 35/2005 |
|
|
|
s 39(2) |
amended by 64/1999 s 5(zb) |
1.1.2000 |
|
s 39 |
deleted by 35/2005 s 8 |
18.8.2005 |
|
Sch 1 |
|
|
|
Pt 1 |
substituted by 35/2005 s 9(1) |
18.8.2005 |
|
|
substituted by 50/2009 Sch 1 cl 3(1) |
21.12.2009 |
|
Pt 2 before deletion by 35/2005 |
|
|
|
cl 3 |
deleted by 64/1999 s 5(zc) |
1.1.2000 |
|
cl 4 |
amended by 64/1999 s 5(zd), (ze) |
1.1.2000 |
|
Pt 2 |
deleted by 35/2005 s 9(1) |
18.8.2005 |
|
|
inserted by 6/2006 s 4 |
29.6.2006 |
|
|
expired: 6/2006 s 5—omitted under Legislation Revision and
Publication Act 2002 |
(10.11.2007) |
|
Pt 2 |
inserted by 50/2009 Sch 1 cl 3(1) |
21.12.2009 |
|
Pt 3 before deletion by 35/2005 |
|
|
|
cl 5 |
|
|
|
cl 5(3) and (4) |
substituted by 64/1999 s 5(zf) |
1.1.2000 |
|
cl 5(5) |
inserted by 64/1999 s 5(zf) |
1.1.2000 |
|
cl 6 |
substituted by 64/1999 s 5(zg) |
1.1.2000 |
|
Pt 3 |
deleted by 35/2005 s 9(1) |
18.8.2005 |
|
Pt 3 |
inserted by 50/2009 Sch 1 cl 3(1) |
21.12.2009 |
|
Pt 4 before deletion by 35/2005 |
|
|
|
cl 7 |
|
|
|
cl 7(8) |
substituted by 64/1999 s 5(zh) |
1.1.2000 |
|
cl 7(9) |
amended by 64/1999 s 5(zi) |
1.1.2000 |
|
cl 7(10) |
substituted by 64/1999 s 5(zj) |
1.1.2000 |
|
cl 7(11) |
inserted by 64/1999 s 5(zk) |
1.1.2000 |
|
cl 8 |
|
|
|
cl 8(1) |
substituted by 64/1999 s 5(zl) |
1.1.2000 |
|
cl 8(2) |
amended by 64/1999 s 5(zm) |
1.1.2000 |
|
cl 8(3) |
inserted by 64/1999 s 5(zn) |
1.1.2000 |
|
cl 9 |
|
|
|
cl 9(4) |
inserted by 64/1999 s 5(zo) |
1.1.2000 |
|
Pt 4 |
deleted by 35/2005 s 9(1) |
18.8.2005 |
|
Pt 5 before deletion by 35/2005 |
|
|
|
cl 12 |
|
|
|
cl 12(1) |
amended by 64/1999 s 5(zp) |
1.1.2000 |
|
cl 12(2) |
amended by 64/1999 s 5(zq) |
1.1.2000 |
|
cl 12(3)—(6) |
substituted by 64/1999 s 5(zr) |
1.1.2000 |
|
cl 12(8) |
amended by 64/1999 s 5(zs) |
1.1.2000 |
|
cl 12(9) |
amended by 64/1999 s 5(zt), (zu) |
1.1.2000 |
|
cl 12(10) and (11) |
substituted by 64/1999 s 5(zv) |
1.1.2000 |
|
cl 14 |
|
|
|
cl 14(3) |
amended by 64/1999 s 5(zw) |
1.1.2000 |
|
cl 15 |
amended by 64/1999 s 5(zx) |
1.1.2000 |
|
Pt 5 |
deleted by 35/2005 s 9(1) |
18.8.2005 |
|
Pt 6 |
deleted by 35/2005 s 9(1) |
18.8.2005 |
|
Pt 7 |
|
|
|
heading |
substituted by 50/2009 Sch 1 cl 3(2) |
21.12.2009 |
|
cl 18 |
inserted by 50/2009 Sch 1 cl 3(3) |
21.12.2009 |
|
cl 19 |
|
|
|
cl 19(1) |
deleted by 35/2005 s 9(2) |
18.8.2005 |
|
cl 20 |
deleted by 64/1999 s 5(zy) |
1.1.2000 |
|
cl 21 before deletion by 35/2005 |
|
|
|
cl 21(3) |
amended by 64/1999 s 5(zz) |
1.1.2000 |
|
cl 21 |
deleted by 35/2005 s 9(3) |
18.8.2005 |
|
Pt 8 |
|
|
|
cl 23 |
|
|
|
cl 23(1) |
amended by 50/2009 Sch 1 cl 3(4) |
21.12.2009 |
|
cl 24 |
|
|
|
cl 24(3) |
amended by 50/2009 Sch 1 cl 3(5)—(7) |
21.12.2009 |
|
|
(b) deleted by 50/2009 Sch 1 cl 3(8) |
21.12.2009 |
|
cl 25 |
|
|
|
cl 25(2) |
amended by 50/2009 Sch 1 cl 3(9) |
21.12.2009 |
|
cl 31 |
|
|
|
cl 31(5) |
inserted by 64/1999 s 5(zza) |
1.1.2000 |
|
|
amended by 50/2009 Sch 1 cl 3(10) |
21.12.2009 |
|
cl 33 |
|
|
|
cl 33(2) |
amended by 64/1999 s 5(zzb) |
1.1.2000 |
|
|
amended by 50/2009 Sch 1 cl 3(11) |
21.12.2009 |
|
Sch 2 |
|
|
|
cl 1 |
|
|
|
cl 1(1) |
|
|
|
domestic partner |
inserted by 43/2006 s 41(1) |
1.6.2007 |
|
family |
amended by 43/2006 s 41(2) |
1.6.2007 |
|
financial benefit |
amended by 64/1999 s 5(zzc) |
1.1.2000 |
|
spouse |
substituted by 43/2006 s 41(3) |
1.6.2007 |
Transitional etc provisions associated with Act or
amendments
City of Adelaide (Rundle Mall) Amendment
Act 1999
4—Repeal of Rundle Street Mall Act
1975
(2) A notice or permit in force under the Rundle Street Mall
Act 1975 immediately before the commencement of this section will
continue and have effect as if published or given under section 37A of the
principal Act (as enacted by this Act).
(3) A by-law in force under the Rundle Street Mall Act 1975
immediately before the commencement of this section will continue in force as if
made under section 37A of the principal Act (as enacted by this Act).
(4) The repeal of the Rundle Street Mall Act 1975 does not
affect the operation or recovery of a special rate declared under section 9 of
that Act before the commencement of this section.
(5) Any asset or liability of the Rundle Mall Committee immediately before
the repeal of the Rundle Street Mall Act 1975 vests in The
Corporation of the City of Adelaide.
Statutes Amendment (Local Government Elections) Act
2005, Sch 1—Transitional provisions
1—Interpretation
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.
2—Term of office
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.
3—Allowances
(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.
(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.
7—Change to principal member
(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.
8—Special provision—LGFA
(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.
9—Other provisions
(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.
City of Adelaide (Representation Review) Amendment Act
2006
5—Expiry of certain provisions
The following provisions of the City of Adelaide Act 1998 will
expire on 10 November 2007:
(a) subsection (5) of section 20;
(b) Part 2 of Schedule 1.
Historical versions
|
Reprint No 1—1.12.1999 |
|
|
Reprint No 2—1.1.2000 |
|
|
18.8.2005 |
|
|
1.1.2006 (electronic only) |
|
|
29.6.2006 |
|
|
14.12.2006 |
|
|
25.1.2007 |
|
|
1.6.2007 |
|
|
21.12.2009 |
|