Local Government (Members Allowances and Benefits) Regulations 1999 (SA)

South Australia

Local Government (Members Allowances and Benefits) Regulations 1999

under the Local Government Act 1999

1Short title

These regulations may be cited as the Local Government (Members Allowances and Benefits) Regulations 1999.

2Commencement

These regulations will come into operation on the day on which Part 5 of Chapter 5 of the Local Government Act 1999 comes into operation1.

Note—

1Pursuant to section 17 of the Local Government (Implementation) Act 1999, these regulations may have effect with respect to any increase in allowances back-dated to 1 July 1999 pursuant to that section.

3Interpretation

In these regulations—

Act means the Local Government Act 1999;

eligible journey means a journey between the principal place of residence, or a place of work, of a member of a council, and the place of a meeting of the council or a committee of the council (in either direction).

4Allowances – section 76

1. (1)

   Pursuant to section 76(8) of the Act, the following amounts are prescribed:

   1. (a)

      in respect of a member of a council, other than a deputy mayor or deputy chairperson (if any), a member who is the presiding member of one or more standing committees established by a council, or the principal member of a council—

      1. (i)

         a minimum annual amount of $1 820 (the minimum base amount); and

      2. (ii)

         a maximum annual amount of $15 000 (the maximum base amount);

   2. (b)

      in respect of a deputy mayor or deputy chairperson or a member who is the presiding member of one or more standing committees established by a council—

      1. (i)

         a minimum annual amount equal to 1.25 times the minimum base amount; and

      2. (ii)

         a maximum annual amount equal to 1.25 times the maximum base amount;

   3. (c)

      in respect of the principal member of a council—

      1. (i)

         a minimum annual amount equal to 4 times the minimum base amount; and

      2. (ii)

         a maximum annual amount equal to 4 times the maximum base amount.

2. (2)

   An allowance under section 76 of the Act may be paid by a council on a quarterly basis in advance.

5Reimbursement of expenses – section 77(1)(a)

1. (1)

   Subject to this regulation, for the purposes of section 77(1)(a) of the Act, the kinds of expenses for which a member of a council will be reimbursed are as follows:

   1. (a)

      travelling expenses actually and necessarily incurred by the member in travelling to or from a meeting of the council or a committee of the council if—

      1. (i)

         the journey is an eligible journey; and

      2. (ii)

         the journey is by the shortest or most practicable route; and

   2. (b)

      expenses for the care of—

      1. (i)

         a child of the member; or

      2. (ii)

         a dependant of the member requiring full-time care,

   actually and necessarily incurred by the member as a consequence of the member's attendance at a meeting of the council or a committee of the council.

2. (2)

   However—

   1. (a)

      in relation to the operation of subregulation (1)(a)—

      1. (i)

         if an eligible journey relates to travel between a place within the area of a council and a place outside the area of a council (in either direction), the member is only entitled to be reimbursed in respect of expenses that can be attributed to travel within the area of the council; and

      2. (ii)

         the rate of reimbursement for motor vehicle costs will be at a rate equal to the appropriate rate per kilometre (determined according to the engine capacity of the vehicle) prescribed for the purposes of calculating deductions for car expenses under section 82KX(1)(a) of the Income Tax Assessment Act 1936 of the Commonwealth; and

   2. (b)

      in relation to the operation of subregulation (1)(b)—a member of a council is not entitled to be reimbursed if the care is provided by a relative of the member who ordinarily resides with the member.

3. (3)

   A council may aggregate claims for reimbursement of expenses under subregulation (1)(a) that relate to journeys that do not exceed 20 kilometres and then pay them on a quarterly basis.

6Expenses requiring council approval – section 77(1)(b)

For the purposes of section 77(1)(b) of the Act, the following kinds of expenses for which a member of a council may be reimbursed are prescribed:

1. (a)

   expenses incurred in the use of a telephone, facsimile or other telecommunications device, or in the use of a form of electronic communication, on the business of the council;

2. (b)

   travelling expenses incurred by the member as a consequence of the member's attendance at a function or activity on the business of the council;

3. (c)

   travelling expenses incurred by the member in undertaking an eligible journey to the extent that those expenses are attributable to travel outside the area of the council;

4. (d)

   expenses for the care of—

   1. (i)

      a child of the member; or

   2. (ii)

      a dependant of the member requiring full-time care,

incurred by the member as a consequence of the member's attendance at a function or activity on the business of the council;

1. (e)

   expenses incurred by the member as a consequence of the member's attendance at a conference, seminar, training course or other similar activity which is directly or closely related to the performance or discharge of the roles or duties of a member of a council.

7Register of allowances and benefits

Pursuant to subsections (1) and (2) of section 79 of the Act, it will be a principle under those subsections that the chief executive officer will only be required—

1. (a)

   to enter details of any expenses reimbursed under section 77(1)(b) of the Act (in the case of section 79(1)(b)), or of other benefits paid or provided (in the case of section 79(1)(c)); or

2. (b)

   to make a record of the provision of a reimbursement or benefit not previously recorded in the Register (in the case of section 79(2)(b)),

on a quarterly basis1.

Note—

1Reimbursements under section 77(1)(a) of the Act are not required to be recorded in the Register of Allowances and Benefits.

Legislative history

Notes

• •

  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 these regulations (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 of regulations

  The Local Government (Members Allowances and Benefits) Regulations 1999 were revoked by Sch 1 of the Local Government (Members Allowances and Benefits) Regulations 2010 on 15.11.2010.

  Principal regulations and variations

  Year	No	Reference	Commencement
  1999	245	Gazette 25.11.1999 p2900	1.1.2000: r 2
  2003	23	Gazette 20.3.2003 p1095	12.5.2003: r 2
  2005	23	Gazette 28.4.2005 p1075	5.5.2005: r 2
  2006	214	Gazette 31.8.2006 p3072	13.11.2006: r 2

  Provisions varied

  Provision	How varied	Commencement
  r 4
  r 4(1)	varied by 23/2003 r 4	12.5.2003
  varied by 23/2005 r 4	5.5.2005
  varied by 214/2006 r 4	13.11.2006

  Historical versions

  12.5.2003

  5.5.2005