South Australian Current Acts South Australian Current Acts (1) The Minister may,
by notice in the Gazette, vary or suspend the operation of specified
provisions of this Act if—
(a) a
relevant declaration has been made in relation to a public health emergency;
and
(b) the
Minister is satisfied that the variation or suspension of the specified
provisions is reasonably necessary as a result of the emergency.
(2) A notice under
this section—
(a) may
apply to all councils or to specified councils or classes of councils; and
(b) may
operate subject to any conditions specified in the notice; and
(c) may
not impose restrictions or limitations on the power of a council to impose
rates and charges on land within its area; and
(d)
subject to this section, has effect—
(i)
for the period specified in the notice; or
(ii)
if no period is specified in the notice—for the
period commencing on the day the notice is published in the Gazette and ending
28 days after the cessation of all relevant declarations relating to the
emergency to which the notice relates.
(3) If the period
specified in a notice in accordance with subsection (2)(d)(i) would end
more than 28 days after the cessation of all relevant declarations
relating to the emergency to which the notice relates, the notice will cease
to have effect 28 days after the cessation of all relevant declarations
relating to the emergency (unless revoked sooner under subsection (4)).
(4) The Minister may
vary or revoke a notice under this section by further notice in the Gazette
and must revoke such a notice if satisfied that the variation or suspension of
the provisions is no longer reasonably necessary as a result of the emergency.
(5) The Minister must
consult with the LGA before making a notice under this section.
(6) Sections 10
(other than subsection (1)) and 10A of the Subordinate Legislation
Act 1978 apply in relation to a notice under this section (and a
reference in those provisions to a regulation will be taken to be a reference
to such a notice).
(7) In this
section—
"relevant declaration" means—
(a) a
declaration of a public health emergency under section 87 of the
South Australian Public Health Act 2011 ; or
(b) a
declaration under Part 4 Division 3 of the Emergency Management Act 2004
in respect of an emergency that has previously been declared as a public
health emergency under section 87 of the South Australian Public Health
Act 2011 (whether that previous declaration remains in force or has
ceased).
(8) The Minister must
ensure that a report on a review of the operation of this section is tabled in
each House of Parliament before 31 December 2021.