South Australian Current Acts South Australian Current Acts (1) If it is proposed
that a council make a by-law, the council must, at least 21 days before
resolving to make the by-law, ensure that copies of the proposed by-law (and
any code, standard or other document proposed to be applied or incorporated by
the by-law) are made available to the public in accordance with
section 132(1).
(2) A council must
give reasonable consideration to a written or other acceptable submission made
to the council on a proposed by-law.
(3) A by-law cannot be
made unless—
(a) the
by-law is made at a meeting of the council where at least two-thirds of the
members of the council are present; and
(b) the
relevant resolution is supported by an absolute majority of members of the
council.
(4) A council must not
make a by-law unless or until the council has obtained a certificate, in the
prescribed form, signed by a legal practitioner certifying that, in the
opinion of the legal practitioner—
(a) the
council has power to make the by-law by virtue of a statutory power specified
in the certificate; and
(b) the
by-law is not in conflict with this Act.
(5) Subject to
subsection (6), a by-law comes into operation four months after the day
on which it is published in the Gazette or from a later day or days fixed in
the by-law.
(6) A by-law may take
effect from an earlier day specified in the by-law if—
(a) it
revokes a by-law without making provision in substitution for that by-law; or
(b) it
corrects an error or inaccuracy in a by-law; or
(c) it
is required for the purposes of an Act that will come into operation on assent
or less than four months after assent; or
(d) it
confers a benefit on a person (other than the council or an authority of the
council) and does not operate so as—
(i)
to affect, in a manner prejudicial to a person (other
than the council or an authority of the council), the rights of that person
existing before the date of commencement of the by-law; or
(ii)
to impose a liability on a person (other than the council
or an authority of the council) in respect of anything done or omitted to be
done before the date of commencement of the by-law; or
(e) the
council has been formed by the amalgamation of two or more councils and the
by-law (or a by-law in substantially the same terms) was previously in force
in the area of a council that has been amalgamated.
(7) A council must
publish a notice of the making of a by-law under this section in a newspaper
circulating in the area of the council.
(8) Section 10AA of
the Subordinate Legislation Act 1978 does not apply to a by-law of a
council.