South Australian Numbered Acts

STATUTES AMENDMENT (LOCAL GOVERNMENT REVIEW) ACT 2021 (NO 26 OF 2021)

TABLE OF PROVISIONS

           Long Title

   PART 1--Preliminary

   1.      Short title
   2.      Commencement
   3.      Amendment provisions

   PART 2--Amendment of Local Government Act 1999

   4.      Amendment of section 3--Objects
   5.      Amendment of section 4--Interpretation
   6.      Amendment of section 7--Functions of council
   7.      Amendment of section 8--Principles to be observed by council
   8.      Insertion of section 11A
   9.      Amendment of section 12--Composition and wards
   10.     Amendment of section 13--Status of council or change of various names
   11.     Amendment of section 26--Principles
   12.     Amendment of section 44--Delegations
   13.     Amendment of section 45--Principal office
   14.     Amendment of section 48--Prudential requirements for certain activities
   15.     Amendment of section 49--Contracts and tenders policies
   16.     Substitution of Chapter 4

   PART 5--Community engagement

   17.     Amendment of section 51--Principal member of council
   18.     Amendment of section 54--Casual vacancies
   19.     Amendment of section 55--Specific requirements if member disqualified
   20.     Insertion of section 55A
   21.     Amendment of section 58--Specific roles of principal member
   22.     Amendment of section 59--Roles of members of councils
   23.     Substitution of heading to Chapter 5 Part 4
   24.     Substitution of heading to Chapter 5 Part 4 Division 1
   25.     Insertion of Subdivision heading
   26.     Amendment of section 62--General duties
   27.     Repeal of section 63
   28.     Substitution of heading to Chapter 5 Part 4 Division 2
   29.     Amendment of Chapter 5
   30.     Amendment of section 64--Interpretation
   31.     Amendment of section 67--Form and content of returns
   32.     Amendment of section 68--Register of Interests
   33.     Amendment of section 69--Provision of false information
   34.     Amendment of section 70--Publication of Register
   35.     Amendment of section 71--Restrictions on publication
   36.     Insertion of Chapter 5
   37.     Substitution of Chapter 5
   38.     Insertion of Chapter 5
   75F.    Council behavioural support policies Division 3--Health and safety duties
   39.     Amendment of section 76--Allowances
   40.     Amendment of section 77--Reimbursement of expenses
   41.     Repeal of section 78A
   42.     Amendment of section 79--Register of allowances and benefits
   43.     Amendment of section 80A--Training and development
   44.     Insertion of Chapter 5

   PART 7--Other matters

   45.     Amendment of section 83--Notice of ordinary or special meetings
   46.     Amendment of section 84--Public notice of council meetings
   47.     Amendment of section 85--Quorum
   48.     Amendment of section 86--Procedure at meetings
   49.     Amendment of section 87--Calling and timing of committee meetings
   50.     Amendment of section 88--Public notice of committee meetings
   51.     Amendment of section 90--Meetings to be held in public except in special circumstances
   52.     Insertion of section 90A--Information or briefing sessions
   53.     Amendment of section 91--Minutes and release of documents
   54.     Amendment of section 92--Access to meetings and documents--code of practice
   55.     Amendment of section 93--Meetings of electors
   56.     Repeal of section 94A
   57.     Amendment of section 97--Vacancy in office
   58.     Amendment of section 98--Appointment procedures
   59.     Amendment of section 99--Role of chief executive officer
   60.     Insertion of section 99A
   61.     Insertion of section 102A
   62.     Amendment of section 105--Register of remuneration, salaries and benefits
   63.     Amendment of section 107--General principles of human resource management
   64.     Substitution of heading to Chapter 7 Part 4
   65.     Substitution of heading to Chapter 7 Part 4 Division 1
   66.     Insertion of Subdivision heading
   67.     Amendment of section 108--Interpretation
   68.     Amendment of section 109--General duty and compliance
   69.     Repeal of section 110
   70.     Amendment of section 110A--Duty to protect confidential information
   71.     Substitution of heading to Chapter 7 Part 4 Division 2
   72.     Amendment of Chapter 7
   73.     Amendment of section 117--Provision of false information
   74.     Amendment of section 119--Restrictions on disclosure
   75.     Insertion of Chapter 7
   76.     Substitution of heading to Chapter 7 Part 4 Division 3
   77.     Amendment of section 120--Conflict of interest
   78.     Insertion of Chapter 7
   79.     Amendment of section 122--Strategic management plans
   80.     Amendment of section 123--Annual business plans and budgets
   81.     Amendment of heading to Chapter 8 Part 3 Division 2
   82.     Amendment of section 125--Internal control policies
   83.     Insertion of section 125A
   84.     Amendment of section 126--Audit and risk committee
   85.     Insertion of section 126A
   86.     Amendment of section 127--Financial statements
   87.     Amendment of section 128--Auditor
   88.     Amendment of section 129--Conduct of audit
   89.     Amendment of section 130A--Other investigations
   90.     Amendment of section 131--Annual report to be prepared and adopted
   91.     Insertion of section 131A
   92.     Amendment of section 132--Access to documents
   93.     Amendment of section 147--Rateability of land
   94.     Amendment of section 151--Basis of rating
   95.     Amendment of section 153--Declaration of general rate (including differential general rates)
   96.     Amendment of section 156--Basis of differential rates
   97.     Substitution of section 170
   98.     Amendment of section 181--Payment of rates--general principles
   99.     Amendment of section 184--Sale of land for non-payment of rates
   100.    Amendment of section 188--Fees and charges
   101.    Amendment of section 193--Classification
   102.    Amendment of section 194--Revocation of classification of land as community land
   103.    Amendment of section 197--Public consultation on proposed management plan
   104.    Amendment of section 202--Alienation of community land by lease or licence
   105.    Amendment of section 207--Register
   106.    Amendment of section 219--Power to assign name, or change name, of road or public place
   107.    Amendment of section 221--Alteration of road
   108.    Amendment of section 222--Permits for business purposes
   109.    Amendment of section 223--Public consultation
   110.    Amendment of section 224--Conditions of authorisation or permit
   111.    Repeal of section 224A
   112.    Amendment of section 225--Cancellation of authorisation or permit
   113.    Repeal of section 225A
   114.    Repeal of section 225B
   115.    Amendment of section 226--Moveable signs
   116.    Amendment of section 231--Register
   117.    Amendment of section 232--Trees
   118.    Amendment of section 234AA--Interaction with processes associated with development authorisations
   119.    Amendment of section 234A--Prohibition of traffic or closure of streets or roads
   120.    Amendment of section 237--Removal of vehicles
   121.    Amendment of section 246--Power to make by-laws
   122.    Amendment of section 249--Passing by-laws
   123.    Amendment of section 250--Model by-laws
   124.    Amendment of section 252--Register of by-laws and certified copies
   125.    Amendment of section 259--Councils to develop policies
   126.    Insertion of Chapter 13

   PART A1--Member behaviour Division 1--Council to deal with member behaviour

   262D.   Reasons Division 2--Behavioural standards panel Subdivision 1--Preliminary
   262E.   Preliminary Subdivision 2--Behavioural standards panel
   262P.   Annual report Subdivision 3--Inquiries and action on complaints referred to Panel
   127.    Amendment of heading to Chapter 13 Part 1
   128.    Repeal of section 263
   129.    Amendment of section 263A--Investigations by Ombudsman
   130.    Amendment of section 263B--Outcome of Ombudsman investigation
   131.    Amendment of section 264--Complaint lodged with SACAT
   132.    Amendment of section 265--Hearing by SACAT
   133.    Amendment of section 267--Outcome of proceedings
   134.    Repeal of section 269
   135.    Amendment of section 270--Procedures for review of decisions and requests for services
   136.    Amendment of section 273--Action on report
   137.    Amendment of section 279--Service of documents by councils etc
   138.    Amendment of section 280--Service of documents on councils
   139.    Amendment of section 303--Regulations
   140.    Amendment of Schedule 1A--Implementation of Stormwater Management Agreement
   141.    Amendment of Schedule 2--Provisions applicable to subsidiaries
   142.    Amendment of Schedule 3--Register of Interests--Form of returns
   143.    Amendment of Schedule 4--Material to be included in annual report of council
   144.    Amendment of Schedule 5--Documents to be made available by councils
   145.    Amendment of Schedule 8--Provisions relating to specific land
   146.    Insertion of Schedule 9 Schedule 9--Suspension of members
   147.    Transitional provisions

   PART 3--Amendment of Local Government (Elections) Act 1999

   148.    Amendment of section 4--Preliminary
   149.    Substitution of section 5
   150.    Amendment of section 6--Supplementary elections
   151.    Insertion of section 6A
   152.    Amendment of section 7--Failure of election in certain cases
   153.    Amendment of section 8--Failure or avoidance of supplementary election
   154.    Amendment of section 9--Council may hold polls
   155.    Amendment of section 13A--Information, education and publicity for general election
   156.    Amendment of section 15--Voters roll
   157.    Amendment of section 17--Entitlement to stand for election
   158.    Amendment of section 19A--Publication of candidate profiles
   159.    Substitution of section 21
   160.    Amendment of section 25--Uncontested elections
   161.    Amendment of section 27--Publication of electoral material
   162.    Amendment of section 28--Publication of misleading material
   163.    Amendment of section 29--Ballot papers
   164.    Amendment of section 31--Special arrangements for issue of voting papers
   165.    Amendment of section 35--Special arrangements for issue of voting papers
   166.    Substitution of heading to Part 9
   167.    Amendment of section 37--Postal voting to be used
   168.    Amendment of section 38--Notice of use of postal voting
   169.    Amendment of section 39--Issue of postal voting papers
   170.    Insertion of section 41A
   171.    Amendment of section 43--Issue of fresh postal voting papers
   172.    Amendment of section 47--Arranging postal papers
   173.    Amendment of section 48--Method of counting and provisional declarations
   174.    Amendment of section 55A--Filling vacancy if successful candidate dies
   175.    Amendment of section 57--Violence, intimidation, bribery etc
   176.    Insertion of section 69A
   177.    Amendment of section 70--Procedure upon petition
   178.    Amendment of section 73--Illegal practices and orders that may be made
   179.    Substitution of section 80
   180.    Amendment of section 81--Campaign donations returns
   181.    Insertion of sections 81A and 81B
   182.    Amendment of section 82--Certain gifts not to be received
   183.    Amendment of section 83--Inability to complete return
   184.    Amendment of section 84--Amendment of return
   185.    Amendment of section 86--Failure to comply with Division
   186.    Amendment of section 87--Public inspection of returns
   187.    Amendment of section 89--Requirement to keep proper records
   188.    Amendment of section 91A--Conduct of council during election period
   189.    Amendment of section 93--Regulations

   PART 4--Amendment of City of Adelaide Act 1998

   190.    Amendment of section 4--Interpretation
   191.    Amendment of section 20--Constitution of Council
   192.    Amendment of section 21--Lord Mayor
   193.    Amendment of section 22--Members
   194.    Amendment of section 24--Allowances
   195.    Amendment of section 27--Role of chief executive officer
   196.    Amendment of Schedule 1--Special provisions for elections and polls

   PART 5--Amendment of Crown Land Management Act 2009

   197.    Insertion of section 20A

   PART 6--Amendment of Equal Opportunity Act 1984

   198.    Amendment of section 87--Sexual harassment

   PART 7--Amendment of Independent Commissioner Against Corruption Act 2012

   199.    Amendment of section 5--Corruption, misconduct and maladministration

   PART 8--Amendment of Planning, Development and Infrastructure Act 2016

   200.    Amendment of section 83--Panels established by joint planning boards or councils
   201.    Amendment of section 84--Panels established by Minister

   PART 9--Amendment of Public Finance and Audit Act 1987

   202.    Amendment of section 4--Interpretation
   203.    Amendment of section 30--Obligation to assist Auditor-General
   204.    Amendment of section 32--Audit etc of publicly funded bodies and projects and local government indemnity schemes
   205.    Amendment of section 34--Powers of Auditor-General to obtain information
   206.    Amendment of section 36--Auditor-General's annual report

   PART 10--Amendment of South Australian Local Government Grants Commission Act 1992

   207.    Amendment of section 19--Information to be supplied to Commission