Local Government (Transitional Provisions) Regulations 2021 (SA)

South Australia Local Government (Transitional Provisions) Regulations 2021 under the Local Government Act 1999

Contents Part 1—Preliminary 1 Short title 3 Interpretation Part 2—Initial transitional provisions relating to Statutes Amendment (Local Government Review) Act 2021 4 General 5 Mobile food vending businesses 6 Certain resolutions 7 Elections—method of counting Part 3—Further transitional provisions relating to Statutes Amendment (Local Government Review) Act 2021 8 General 9 Chief executive officer provisions 10 By‑laws 11 Review of decisions 11A Principal member of council 12 Elections 13 Financial accountability 14 Council audit and risk committees—membership 15 Auditor Part 4—Transitional provisions relating to conduct 16 Council behavioural management policies 17 Repeated misbehaviour Legislative history

Part 1—Preliminary 1—Short title These regulations may be cited as the Local Government (Transitional Provisions) Regulations 2021. 3—Interpretation In these regulations, unless the contrary intention appears— Act means the Local Government Act 1999; Amendment Act means the Statutes Amendment (Local Government Review) Act 2021.

Part 2—Initial transitional provisions relating to Statutes Amendment (Local Government Review) Act 2021 4—General (1) A reference to Chapter 5 Part 4 Division 1 Subdivision 2 in section 55A(6) of the Act (as inserted by section 20 of the Amendment Act) will be taken to be a reference to Chapter 5 Part 4 Division 2 of the Act until the commencement of section 28 of the Amendment Act. (2) Section 99A(10) of the Act (as inserted by section 60 of the Amendment Act) does not apply to a council until the day on which the first determination made by the Remuneration Tribunal for the purposes of that section takes effect. (3) The amendments to section 184 of the Act effected by section 99(1), (3) or (4) of the Amendment Act do not apply to or in relation to the sale of land under section 184 if the notice under section 184(2) for the purposes of that sale is given before the commencement of those amendments. (4) For the avoidance of doubt, the operation of section 184(1) of the Act (including the calculation of any period of 3 years or more for which an amount payable by way of rates in respect of land has been in arrears) is not affected by subregulation (3) (or the amendments effected by section 99 of the Amendment Act). 5—Mobile food vending businesses (1) A permit granted under section 222 of the Act for the purposes of a mobile food vending business and in force immediately before the commencement of section 108(1) of the Amendment Act continues in force for the term stated in the permit subject to the conditions applying to the permit and the provisions of sections 222, 224 and 225 of the Act as in force after the commencement of section 108(1) apply to such a permit. (2) If a review has been commenced but not finally determined by the Small Business Commissioner under section 225B of the Act before the repeal of that section by section 114 of the Amendment Act, the review may be continued and completed by the Commissioner under section 225B of the Act as if the repeal had not been effected. 6—Certain resolutions The amendments to section 234A of the Act effected by section 119 of the Amendment Act do not apply to or in relation to a resolution passed under section 234A before the commencement of section 119. 7—Elections—method of counting The amendments to section 48 of the Local Government (Elections) Act 1999 effected by section 173 of the Amendment Act apply in relation to an election the close of voting for which occurs on or after the day on which section 173 commences.