Local Government (Transitional Provisions) Regulations 2021

These regulations may be cited as the

Local Government (Transitional

Provisions) Regulations 2021.

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.

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.

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.

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.

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).

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.

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.

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.

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.

The amendments to section 97 of the Act effected by section 57 of the Amendment Act do not apply to or in relation to the termination of a chief executive officer's appointment on a ground or circumstance that arose before the commencement of section 57.

The amendments to section 98 of the Act effected by section 58 of the Amendment Act do not apply to or in relation to a vacancy in the office of chief executive officer that occurs before the commencement of section 58.

The requirement under section 102A(1)(b) of the Act (as inserted by section 61 of the Amendment Act) that a council review the performance of its chief executive officer before their reappointment does not apply to or in relation to a reappointment taking effect before

1 February 2022.

The amendment to section 249(1) of the Act effected by section 122(1) of the Amendment Act does not apply to or in relation to a proposal to make a by‑law under section 249 if the copies of the proposed by‑law have been made available under existing section 249(1)(a) and a notice relating to the proposed by‑law has been published in accordance with existing section 249(1)(b) before the commencement of section 122(1).

In this regulation—

existing section 249(1)(a) means section 249(1)(a) of the Act as in force immediately before the commencement of section 122(1) of the Amendment Act;

existing section 249(1)(b) means section 249(1)(b) of the Act as in force immediately before the commencement of section 122(1) of the Amendment

Act.

The amendments to section 270 of the Act effected by section 135 of the Amendment Act do not apply to or in relation to a review in respect of an application received by a council before the commencement of section 135.

Without limiting subregulation (1), section 270(4a)(a)(i) of the

Act (as inserted by section 135(4) of the Amendment Act) does not apply to or in relation to the policies, practices and procedures of a council established under section 270 until the commencement of section 5(1) of the Amendment Act.

In connection with section 147(2) and (3) of the Amendment Act, a council constituted on the basis that the principal member is to be chosen by the members of the council from amongst their own number must conduct a review of its composition under Chapter 3 Part 1 of the Act so as to ensure that the appointment or election of a mayor required by section 51(1) of the Act (as amended by section 17 of the Amendment Act) takes effect from polling day for the second periodic election held after the commencement of section 17.

Despite subregulation (1), section 12 of the Act applies to a relevant council required to conduct a review of its composition under

Chapter 3 Part 1 of the Act in accordance with that subregulation as follows:

section 12(3) to (11e) (inclusive) do not apply if the relevant council prepares a report on matters relating to the change in the basis on which the principal member of the council is to be determined, including any action that is required to be taken in order to give effect to the change;

section 12(12) to (16) (inclusive) and (18) to (25) (inclusive) apply as if—

a reference to a report were a reference to a report under paragraph (a); and

a reference to a proposal were a reference to a proposal set out in a report under paragraph (a); and

a reference to a failure to undertake a review in accordance with the requirements of section 12 were a reference to a failure to undertake such a review as modified by this regulation;

section 12(17) does not apply.

In this regulation—

relevant council means a council to which subregulation (1) applies that commenced a review of its composition under Chapter 3 Part 1 of the Act after the conclusion of the periodic election held in 2018 and completed the review before the commencement of this regulation.

Without limiting regulation 7, an amendment effected by a provision of Part 3 of the Amendment Act does not apply to or in relation to an election if the vacancy giving rise to the election occurs before the commencement of the relevant provision of

Part 3.

Until the commencement of section 196(12) of the Amendment

Act—

the reference in Schedule 1 clause 18(1) of the

City of Adelaide

Act 1998 to the twenty first day before polling day will be taken to be a reference to the twenty eighth day before polling day;

and

the reference in Schedule 1 clause 18(1) of the

City of Adelaide

Act 1998 to 14 days before polling day will be taken to be a reference to 21 days before polling day.

Until the commencement of section 79(1) of the Amendment

Act, the requirement under section 122(1e)(b) of the Act (as inserted by section 79(2) of the Amendment Act) for a council to provide the designated authority with all relevant information on revenue sources outlined in the funding plan referred to in subsection (1a)(a) (of section 122 of the Act) will be taken to be satisfied if the council provides the designated authority with all relevant information on the intended sources of the council's projected total revenue for the period to which its long‑term financial plan relates (such as revenue from rates, grants and other fees and charges).