Local Government (Administration of Councils) Amendment Act 2019 (SA)

South Australia

Local Government (Administration of Councils) Amendment Act 2019

An Act to amend the Local Government Act 1999.

The Parliament of South Australia enacts as follows:

Part 1Preliminary1Short title

This Act may be cited as the Local Government (Administration of Councils) Amendment Act 2019.

2Commencement

This Act comes into operation on the day on which it is assented to by the Governor.

3Amendment provisions

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2Amendment of Local Government Act 19994Amendment of section 273 – Action on report

1. (1)

   Section 273—after subsection (8) insert:

   1. (8a)

      The members of the defaulting council are not entitled to their respective allowances under section 76 during the period of suspension under subsection (8).

2. (2)

   Section 273(16)(c)—delete "—on the expiration of 12 months from the date on which the council was declared to be a defaulting council." and substitute:

   —

   1. (i)

      in the case of the District Council of Coober Pedy declared to be a defaulting council by the Local Government (Defaulting Council) Proclamation 2019 (Gazette 24.01.2019 p272)—on the conclusion of the periodic elections next occurring after the commencement of the Local Government (Administration of Councils) Amendment Act 2019; or

   2. (ii)

      in any other case—on the expiration of 24 months from the date on which the council was declared to be a defaulting council.

5Transitional provision

Section 273(8a) of the Local Government Act 1999 (as inserted by section 4(1) of this Act) applies to a member of a defaulting council from the commencement of section 4(1) (whether the council was declared to be a defaulting council before or after that commencement).