Local Government (General) (Review) Variation Regulations 2021 (SA)

South Australia

Local Government (General) (Review) Variation Regulations 2021

under the Local Government Act 1999

Contents

Part 1—Preliminary

1            Short title

2            Commencement

3            Variation provisions

Part 2—Variation of Local Government (General) Regulations 2013

4            Substitution of regulation 8AB

8AB        Information or briefing sessions

5            Variation of regulation 10—Annual reports

6            Revocation of regulations 25A to 25C

7           Variation of regulation 35—Schedule 4—Annual reports

8            Substitution of regulation 36

36          Variation of Schedule 5—Access to documents

Part 1—Preliminary

1—Short title

These regulations may be cited as the Local Government (General) (Review) Variation Regulations 2021.

2—Commencement

1. Subject to subregulation (2), these regulations come into operation on the day on which section 108(1) of the Statutes Amendment (Local Government Review) Act 2021 comes into operation.

(2)Regulation 8 comes into operation on the day on which section 92 of the Statutes Amendment (Local Government Review) Act 2021 comes into operation.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Local Government (General) Regulations 2013

4—Substitution of regulation 8AB

Regulation 8AB—delete the regulation and substitute:

8AB—Information or briefing sessions

For the purposes of section 90A(7)(b) of the Act, the following information must be published on a website determined by the chief executive officer as soon as practicable after the holding of an information or briefing session:

(a)the place, date and time of the session;

(b)the matter discussed at the session;

(c)whether or not the session was open to the public.

5—Variation of regulation 10—Annual reports

Regulation 10(1)—delete "section 131(5)(b)" and substitute:

section 131(5)

6—Revocation of regulations 25A to 25C

Regulations 25A to 25C (inclusive)—delete the regulations

7—Variation of regulation 35—Schedule 4—Annual reports

Regulation 35(1)(a)(iii)—delete "(n)" and substitute:

(o)

8—Substitution of regulation 36

Regulation 36—delete the regulation and substitute:

36—Variation of Schedule 5—Access to documents

Pursuant to section 132(4) of the Act, Schedule 5 of the Act is amended by—

(a)deleting the 2nd dot point under the heading "Registers and Returns"; and

(b)inserting the following after the 1st dot point under the heading "Information and briefing session papers":

•Record made by council or chief executive officer of the information that is required to be published as soon as practicable after the holding of an information or briefing session in accordance with section 90A(7)(b)

(c)deleting "Annual" and substituting "Draft annual business plan, annual" in the 5th dot point under the heading "Policy and administrative documents"; and

(d)deleting the 9th, 16th and 17th dot points under the heading "Policy and administrative documents"; and

(e)inserting the following after the 1st dot point under the heading "By‑laws":

•Any determination in respect of a by‑law made under section 246(3)(e)

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Administrator

after consultation with the Local Government Association and with the advice and consent of the Executive Council

on 16 September 2021

No 139 of 2021