(1) A by-law made by a
council must not—
(a)
exceed the power conferred by the Act under which the by-law purports to be
made; or
(b) be
inconsistent with this or another Act, or with the general law of the State;
or
(c)
without clear and express authority in this or another Act—
(i)
have retrospective effect; or
(ii)
impose a tax; or
(iii)
purport to shift the onus of proof to a person accused of
an offence; or
(iv)
provide for the further delegation of powers delegated
under an Act; or
(d)
unreasonably interfere with rights established by law; or
(e)
unreasonably make rights dependent on administrative and not judicial
decisions.
(2) If a by-law is
inconsistent with a trust that applies to real or personal property held by
the council, the by-law does not, to the extent of the inconsistency, apply in
relation to that property.
(3) This section does
not affect the validity of a by-law made before the commencement of this
section.