South Australian Current Acts South Australian Current Acts (1) Subject to this or
another Act, a council may make by-laws—
(a) that
are within the contemplation of this or another Act; or
(b) that
relate to a matter in relation to which the making of by-laws is authorised by
the regulations under this or another Act.
(2) Without limiting
subsection (1), a council has a general power to make by-laws for the
good rule and government of the area, and for the convenience, comfort and
safety of its community.
(3) Subject to this or
another Act, a by-law made by a council may—
(a)
operate subject to specified conditions; and
(b)
refer to or incorporate, wholly or partially and with or without modification,
a code, standard or other document prepared or published by an authority or
body, either as in force at the time the by-law is made or as in force from
time to time; and
(c) be
of general or limited application, and provide for exemptions; and
(d) make
different provision according to the persons, things or circumstances to which
it is expressed to apply; and
(e)
provide that the by-law, or a provision of a by-law, applies only within a
part or parts of the area as the council may determine from time to time; and
(f)
provide that a matter or thing is to be determined, dispensed with, regulated
or prohibited according to the discretion of the council, a specified person,
authority or body, or a person holding a specified office; and
(g) fix
a minimum as well as a maximum penalty for any breach of a by-law, or a
maximum penalty only, or a general maximum penalty applicable to several
by-laws, provided that the maximum penalty so fixed does not exceed
$1 250, and in the case of a continuing offence fix a further penalty not
exceeding $50 for every day on which the offence or breach of the by-law
continues; and
(h) in a
case of a by-law relating to the driving, parking or standing of
vehicles—
(i)
impose, modify or restrict any evidentiary burden on a
party to proceedings for an offence against the by-law, or provide for other
matters in respect of evidence or the proof of any matter; and
(ii)
fix entrance fees or parking fees; and
(iii)
provide that the owner and the driver of a vehicle
driven, parked or standing in contravention of the by-law are each guilty of
an offence and liable to the relevant penalty.
(4) If a code,
standard or other document is adopted under subsection (3)(b) as it is in
force from time to time, an alteration to the code, standard or other document
will not take effect for the purposes of the by-law before a day on which
notice of that alteration is published by the council in the Gazette and in a
newspaper circulating in the area of the council.
(4a) If a council
makes a determination under subsection (3)(e), the council must ensure
that notice of the determination is published in the Gazette and in a
newspaper circulating in the area of the council.
(5) Expiation fees may
be fixed for alleged offences against by-laws by—
(a)
by-laws; or
(b) the
council,
but an expiation fee fixed by the council cannot exceed 25 per cent of the
maximum fine for the offence to which it relates.
(6) In any proceedings
for an offence against a by-law under subsection (3)(h)—
(a) an
allegation in a complaint that a person named in the complaint was the owner
of a specified vehicle on a specified day will be taken to be proved in the
absence of proof to the contrary; and
(b) if
it is proved that a vehicle was driven, parked or left standing in
contravention of the by-law it will be presumed, in the absence of evidence to
the contrary, that the vehicle was so driven, parked or left standing by the
owner of the vehicle.
(7) Despite a
preceding subsection, the owner and driver of a vehicle cannot both be
convicted of an offence arising out of the same circumstances and so
conviction of the owner exonerates the driver and conversely conviction of the
driver exonerates the owner.