South Australian Current Acts South Australian Current Acts39—Variation of by-laws
(1) Subject to
section 87(2), by-laws may be varied by special resolution of the
community corporation.
(2) Within 14 days
after the passing of a resolution varying the by-laws or the making of an
order by a court varying a by-law, the corporation must lodge with the
Registrar-General—
(a) a
copy of the by-laws as varied; and
(b) a
copy of the resolution or order; and
(c) the
fee prescribed by regulation.
(3) The
Registrar-General may extend the period for lodgement in the case of variation
of the by-laws by a court order but not in the case of variation by
resolution.
(4) In the case of
variation of the by-laws by resolution, the corporation must provide evidence
to the satisfaction of the Registrar-General that the variation was made by a
special resolution of the corporation.
(5) Copies of the
resolution and the by-laws as varied must be certified in accordance with the
regulations.
(5a) The certified
copy of the by-laws must be endorsed with a certificate, in the form
prescribed by regulation, from the person who prepared the by-laws or an
officer of the community corporation certifying that the by-laws have been
correctly prepared in accordance with this Act.
(6) If the
requirements of this Part are satisfied, the Registrar-General must file the
certified copy of the by-laws with the plan of community division in
substitution for the copy previously filed with the plan.
(7) If a
community corporation fails to comply with the requirements of this section in
relation to the variation of the by-laws by a court order, a member of the
corporation may comply with them on its behalf.