South Australian Current Acts South Australian Current Acts (1) The Governor may,
by proclamation, make, alter or revoke model by-laws dealing with a subject on
which a council has power under this or another Act to make a by-law.
(2) A model by-law, or
an alteration to a model by-law—
(a) must
be published in the Gazette; and
(b) must
be laid before both Houses of Parliament under the Subordinate Legislation
Act 1978 ; and
(c) is
subject to disallowance under that Act.
(3) A council may
adopt a model by-law, or an alteration to a model by-law, made by the Governor
under this section if—
(a) the
adoption occurs 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; and
(c) the
council adopts all of the model by-law or alteration (as the case may be).
(4) A council may
adopt a model by-law or alteration at any time after the model by-law or
alteration is published in the Gazette (but if the model by-law or alteration
is disallowed under the Subordinate Legislation Act 1978 after its
adoption by a council, the adoption by the council is of no effect on and
after the date of the disallowance).
(5) The resolution
adopting a model by-law or alteration must be published in the Gazette.
(6) The operation of a
model by-law or alteration adopted by a council under this section takes
effect from a day specified in the resolution (which must not be earlier than
the day of publication of the resolution in the Gazette), or, if no day is
specified, from the day of publication of the resolution in the Gazette.
(7) A council must
publish a notice of the adoption of a model by-law or alteration under this
section in a newspaper circulating in the area of the council.
(8) An alteration or
revocation of a model by-law by the Governor does not affect the prior
adoption of the model by-law by the council.
(9) A council may, by
further by-law, revoke a by-law adopted under this section.