South Australian Current Acts

LOCAL GOVERNMENT ACT 1999 - SECT 43

43—Ability of councils to establish a regional subsidiary

        (1)         Two or more councils (the "constituent councils") may establish a regional subsidiary—

            (a)         to provide a specified service or services or to carry out a specified activity or activities; or

            (b)         to perform a function of the councils under this or another Act.

        (2)         If a regional subsidiary is established to perform a regulatory activity of the constituent councils, the subsidiary cannot also perform a significant and related service activity.

Note—

A service activity is related to a regulatory activity if the service is one that is regulated under the regulatory activity.

        (3)         The establishment of a regional subsidiary under this section is subject to obtaining the approval of the Minister to the conferral of corporate status under this Act.

        (4)         The establishment of a regional subsidiary does not derogate from the power of a constituent council to act in a matter.

Note—

Schedule 2 contains other provisions relevant to a regional subsidiary established by two or more councils under this section.