South Australian Current Acts

LOCAL GOVERNMENT ACT 1999 - SECT 303

303—Regulations

        (1)         The Governor may make such regulations as are contemplated by this Act, or as are necessary or expedient for the purposes of this Act.

        (2)         Without limiting subsection (1), the regulations may prescribe matters in relation to which a council may make by-laws.

        (3)         A regulation under this Act may operate subject to prescribed conditions.

        (4)         The regulations may incorporate, adopt, apply or make reference to, with or without modification, a code or standard prepared or published by a prescribed body as in force at the time the regulations are made or as in force from time to time.

        (5)         Any regulations adopting a code or standard may contain such incidental, supplementary and transitional provisions as appear to the Governor to be necessary.

        (6)         The regulations, or a code or standard adopted by the regulations, may—

            (a)         refer to or incorporate, wholly or partially and with or without modification, a standard or other document prepared or published by a prescribed body, either as in force at the time the regulations are made or as in force from time to time; and

            (b)         be of general or limited application; and

            (c)         make different provision according to the persons, things or circumstances to which they are expressed to apply; and

            (d)         provide that a matter or thing is to be determined, dispensed with, regulated or prohibited according to the discretion of the Minister, a council, an authorised person or any prescribed authority.

        (7)         If—

            (a)         a code or standard is adopted by the regulations; or

            (b)         the regulations, or a code or standard adopted by the regulations, refers to a standard or other document prepared or published by a prescribed body,

then—

            (c)         a copy of the code, standard or other document must be kept available for inspection by members of the public, without charge and during normal office hours, at an office or offices specified in the regulations; and

            (d)         in any legal proceedings, evidence of the contents of the code, standard or other document may be given by production of a document purporting to be certified by or on behalf of the Minister as a true copy of the code, standard or other document; and

            (e)         the code, standard or other document has effect as if it were a regulation made under this Act.

        (8)         A regulation may prescribe a penalty (not exceeding $1 250) for contravention of the regulation.

        (8a)         The Governor may, by regulation, make additional provisions of a saving or transitional nature consequent on the enactment of the Statutes Amendment (Boards and Committees—Abolition and Reform) Act 2015 or the Statutes Amendment (Local Government Review) Act 2021 .

        (8b)         A provision of a regulation made under subsection (8a) may, if the regulations so provide, take effect from the commencement of this subsection or from a later day.

        (8c)         To the extent to which a provision takes effect under subsection (8b) from a day earlier than the day of the publication of the regulation in the Gazette, the provision does not operate to the disadvantage of a person by—

            (a)         decreasing the person's rights; or

            (b)         imposing liabilities on the person.

        (9)         The Minister should consult with the LGA before a regulation is made under this Act.

        (10)         Subsection (9) does not limit the effect of any provision of this Act that specifically requires consultation with the LGA.