South Australian Current Acts

LOCAL GOVERNMENT ACT 1999 - SECT 247

247—Principles applying to by-laws

A by-law made by a council must—

            (a)         be consistent with the objectives of the provision that authorises the by-law and accord with the provisions and general intent of the enabling Act; and

            (b)         adopt a means of achieving those objectives that does not—

                  (i)         unreasonably burden the community; or

                  (ii)         make unusual or unexpected use of the power conferred by the enabling Act (having regard to the general intent of the Act); and

            (c)         avoid restricting competition to any significant degree unless the council is satisfied that there is evidence that the benefits of the restriction to the community outweigh the costs of the restriction, and that the objectives of the by-law can only be reasonably achieved by the restriction; and

            (d)         avoid unreasonable duplication or overlap with other statutory rules or legislation; and

            (e)         avoid regulating a matter so as to contradict an express policy of the State that provides for the deregulation of the matter; and

            (f)         avoid breaching principles of justice and fairness; and

            (g)         be expressed plainly and in gender neutral language,

but a by-law cannot be challenged on the ground that it is inconsistent with one or more of these principles.