South Australian Current Acts South Australian Current Acts (1) A council may
delegate a power or function vested or conferred under this or another Act.
(2) A delegation may
be made—
(a) to a
council committee; or
(b) to a
subsidiary of the council; or
(ba) to
a joint planning board established under a planning agreement to which the
council is a party; or
(c) to
an employee of the council; or
(d) to
the employee of the council for the time being occupying a particular office
or position; or
(e) to
an authorised person.
(3) However, a council
may not delegate—
(a)
power to make a by-law or to determine that a by-law applies only within a
part or parts of the area of the council;
(b)
power to declare rates or a charge with the character of a rate;
(c)
power to borrow money or to obtain other forms of financial accommodation;
(d)
power to adopt or revise a strategic management plan of the council;
(da)
power to adopt or revise an annual business plan or budget of the council;
(e)
power to approve expenditure of money on works, services or operations of the
council not contained in a budget adopted by the council;
(g)
power to approve payment or reimbursement of expenses that may be paid at the
discretion of the council and for which the council has not adopted a formal
policy or made specific financial provision;
(h)
power to establish a subsidiary, or to participate in the establishment of a
regional subsidiary;
(i)
power to make an application or recommendation, or to
report or to give a notice, to the Governor or the Minister, being an
application, recommendation, report or notice for which provision is made by
or under this or another Act;
(j)
power to fix, vary or revoke a fee under section 188(1)(d) to (h);
(ja) the
power to revoke the classification of land as community land under
section 194;
(k) a
power or function excluded from delegation by the regulations.
(3a) A council must
not delegate—
(a) the
power to enter into, or to vary or terminate, a building upgrade agreement on
behalf of the council; or
(b) the
power to declare and levy a building upgrade charge under a
building upgrade agreement,
except to the chief executive officer and, despite subsection (4)(b), the
chief executive officer cannot subdelegate these powers.
(a) is
subject to conditions and limitations determined by the council or specified
by the regulations; and
(b) if
made to the chief executive officer authorises the subdelegation of the
delegated power or function unless the council directs otherwise and if made
to anyone else authorises the subdelegation of the delegated power or function
with the approval of the council; and
(c) is
revocable at will and does not prevent the council from acting in a matter.
(5) If a power or
function is delegated to an employee of the council, the employee is
responsible to the chief executive officer for the efficient and effective
exercise or performance of that power or function.
(6) The council must
cause a separate record to be kept of all delegations under this section.
(6a) The council may
at any time, and must within 12 months after the conclusion of each
periodic election, review the delegations for the time being in force under
this section.
(9) This section does
not limit or affect a power of delegation under another Act.