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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Local Government (Mobile Food Vendors) Amendment
Bill 2016
A BILL FOR
An Act to amend the
Local
Government Act 1999
.
Contents
Part 2—Amendment of Local Government
Act 1999
4Amendment of section
4—Interpretation
5Amendment of section 222—Permits for
business purposes
6Amendment of section 224—Conditions of
authorisation or permit
7Amendment of section 225—Cancellation of
authorisation or permit
Schedule 1—Transitional
provision
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Local Government (Mobile Food Vendors)
Amendment Act 2016.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Local Government
Act 1999
4—Amendment
of section 4—Interpretation
Section 4(1)—after the definition of member
insert:
mobile food vending business means a business involving the
sale of food or beverages from a vehicle (within the meaning of the
Road
Traffic Act 1961
);
5—Amendment
of section 222—Permits for business purposes
Section 222—after subsection (1) insert:
(1a) However, subject to the regulations, a council must grant a permit
under this section for the purposes of a mobile food vending business.
6—Amendment
of section 224—Conditions of authorisation or permit
Section 224—after its present contents (now to be designated as
subsection (1)) insert:
(2) Subject to
subsection (3)
, a condition made in relation to a permit for the purposes of a mobile
food vending business under section 222 must be consistent with any
requirement prescribed by the regulations.
(3) Without limiting
subsection (2)
, the regulations may—
(a) require that certain conditions be imposed in prescribed cases;
and
(b) prohibit the imposition of certain conditions in prescribed cases;
and
(c) prescribe requirements in relation to conditions relating to the
payment of fees.
7—Amendment
of section 225—Cancellation of authorisation or
permit
(1) Section 225—delete subsection (1) and substitute:
(1) A council may, by notice in writing to the holder of an authorisation
or permit—
(a) in the case of a permit for the purposes of a mobile food vending
business under section 222—cancel the permit for breach of a
condition if the breach is sufficiently serious to justify cancellation of the
permit; or
(b) in any other case—cancel the authorisation or permit for breach
of a condition.
(2) Section 225—after subsection (3) insert:
(4) If a council cancels a permit under subsection (1)(a), an application
for a permit for the purposes of a mobile food vending business under section
222 must not, for a period (not exceeding 6 months) specified by the council at
the time of cancellation, be made by or on behalf of the person who, before the
cancellation, held the permit.
Schedule 1—Transitional
provision
(1) The holder of a
permit for the purposes of a mobile food vending business granted under section
222 of the
Local
Government Act 1999
before the commencement of this clause and in force on that commencement
may surrender the permit to the council and request the issue of a fresh permit
under section 222 (as in force immediately after the commencement of this
clause).
(2) On receiving a request under
subclause (1)
, the council must grant the holder of the surrendered permit a fresh
permit in accordance with section 222 (as in force immediately after the
commencement of this clause).
(3) The issue of a fresh permit automatically cancels the permit that was
surrendered.
(4) If the holder of a permit who surrenders the permit under this clause
paid an annual fee or charge to the council in respect of the permit, the
council must refund the fee or charge on a pro rata basis, such that the
amount of the refund is calculated by multiplying—
(a) the annual fee or charge that was paid; and
(b) the proportion that the number of whole months between the date of
surrender of the permit and the date of the end of the term of the permit bears
to 12 months.