South Australian Current Acts

LOCAL GOVERNMENT ACT 1999 - SECT 10

10—Matters that may be included in a proclamation

        (1)         If the Governor by proclamation under this Part constitutes a new council, or amalgamates two or more councils to form a single council or two or more councils, the Governor may, by the same or a subsequent proclamation or proclamations, in respect of a council that is being formed—

            (a)         —

                  (i)         appoint the first members of the council and, if so determined, make provision for the first election of members of the council; or

                  (ii)         make provision for the election of the first members of the council;

            (b)         provide for an alteration to the composition of the council from a date specified in the proclamation;

            (c)         determine the method or methods of assessing rateable property within the area of the council;

            (d)         if some or all of the area of the council has previously been within the area of a council—provide for differential rates within the area on a specified basis for a specified period in order to allow rating relativities within the area of the council to be gradually realigned;

            (e)         make provision for the by-laws that are to apply in the area (or part of the area) of the council;

            (f)         make provision for the appointment or selection of the first chief executive officer of the council and, as appropriate, of other officers of the council;

            (g)         make, subject to the provisions of a relevant Act, award or industrial agreement, provision to protect the various rights and interests of staff.

        (2)         If the Governor by proclamation under subsection (1) makes provision for the appointment or election of the members of a council, the Governor may also, by proclamation, cancel (for a particular year) the holding of periodic elections for the council.

        (3)         If two or more councils are being amalgamated, the Governor may also, by proclamation, make provision for the preparation of final financial statements for the councils that are being amalgamated, and for other matters that should be finalised or resolved in connection with the amalgamation.

        (4)         If two or more councils are amalgamated under this Part so as to form a single council, the assets, rights and liabilities of the councils subject to the amalgamation are, subject to any other provision made by proclamation, on the amalgamation, vested in or attached to the council formed by the amalgamation.

        (5)         If three or more councils are amalgamated under this Part so as to form more than one council, the assets, rights and liabilities of the councils subject to the amalgamation are, on the amalgamation, apportioned between the councils formed by the amalgamation in such manner as is specified by proclamation.

        (6)         If the Governor by proclamation under this Part alters the boundaries of two or more councils, the Governor may, by the same or a subsequent proclamation or proclamations—

            (a)         provide for differential rates within the area of a council affected by the alteration of boundaries on a specified basis in order to allow rating relativities to be gradually realigned on account of the alteration;

            (b)         make any special provision that may be necessary or desirable about the by-laws that are to apply in parts of the areas affected by the alteration of the boundaries;

            (c)         make provision for the transfer, apportionment, settlement or adjustment of property, assets, income, rights, liabilities or expenses as between the relevant councils.

        (7)         If the Governor by proclamation under this Part provides for new or additional offices in the membership of a council, the Governor may, by the same or a subsequent proclamation or proclamations, appoint the first persons to fill those offices.

        (8)         If the Governor by proclamation under this Part abolishes a council, the Governor may, by the same or a subsequent proclamation or proclamations—

            (a)         declare that the property, assets, rights and liabilities of the council, as at the date of abolition, vest in, or attach to, another council or councils named in the proclamation;

            (b)         make, subject to the provisions of a relevant Act, award or enterprise agreement, provision to protect the various rights and interests of staff of the council being abolished.

        (9)         If the Governor does not make a declaration under subsection (8)(a) on or before the day on which the council is abolished, the assets, rights and liabilities of the council vest in, or attach to, the Crown on the abolition of the council.