[Index] [Search] [Download] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Statutes Amendment (Members Allowances—Metropolitan
Councils) Amendment Bill 2007
A BILL FOR
An Act to amend the City of Adelaide Act 1998 and the Local
Government Act 1999.
Contents
Part 1—Preliminary
1 Short
title
2 Commencement
3 Amendment provisions
Part 2—Amendment of City of Adelaide
Act 1998
4 Amendment of section 24—Allowances
Part 3—Amendment of Local Government
Act 1999
5 Amendment of
section 76—Allowances
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Statutes Amendment (Members
Allowances—Metropolitan Councils) Amendment Act 2007.
(1) Subject to subsection (2), this Act will come into operation on a
day to be fixed by proclamation.
(2) If a provision of this Act has not been brought into operation sooner,
it will, by force of this subsection, come into operation 12 months after
assent.
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 City of Adelaide
Act 1998
4—Amendment of
section 24—Allowances
(1) Section 24(2)—delete "or apply"
(2) Section 24(7), (8) and (9)—delete subsections (7), (8) and (9)
and substitute:
(7) The maximum annual allowance payable to the Lord Mayor will be
determined as follows:
Where
M is the maximum annual allowance
NE is the number of electors for the Council, as at the last general
election
X is an amount prescribed by the regulations.
(8) The maximum annual allowance payable to an area councillor (if any)
will be determined as follows:
Where
M is the maximum annual allowance
NE is the number of electors for the Council, as at the last general
election
NC is the number of area councillors for the Council
Y is an amount prescribed by the regulations.
(9) The maximum annual allowance payable to a ward councillor (if any)
will be determined as follows:
Where
M is the maximum annual allowance
NE is the number of electors for the relevant ward, as at the last general
election
NWC is the number of councillors representing the relevant ward
Z is an amount prescribed by the regulations.
(10) In default of the Council fixing an allowance in accordance with the
requirements of this section, the allowance will be the relevant maximum
determined under subsection (7), (8) or (9).
(11) The making or variation of a regulation for the purposes of a formula
under this section will not affect an allowance under this section until the
allowance falls to be renewed or reviewed by the Council.
(12) In this section—
area councillor means a councillor appointed or elected as a
representative of the area of the Council as a whole;
ward councillor means a councillor appointed or elected as a
representative of a ward (if the area of the Council is divided into
wards).
Part 3—Amendment
of Local Government
Act 1999
5—Amendment of
section 76—Allowances
Section 76—after subsection (10) insert:
(11) Subsections (8) to (10) (inclusive) will not apply to members of
metropolitan councils, who will instead be subject to the following
provisions:
(a) in the case of the principal member of a metropolitan council, the
maximum annual allowance payable to the member will be determined as
follows:
Where
M is the maximum annual allowance
NE is the number of electors for the council, as at the last general
election
X is an amount prescribed by the regulations;
(b) in the case of an area councillor (if relevant to the particular
metropolitan council), the maximum annual allowance payable to the member will
be determined as follows:
Where
M is the maximum annual allowance
NE is the number of electors for the council as at the last general
election
NC is the number of area councillors for the council
Y is an amount prescribed by the regulations;
(c) in the case of a ward councillor (if relevant to the particular
metropolitan council), the maximum annual allowance payable to the member will
be determined as follows:
Where
M is the maximum annual allowance
NE is the number of electors for the relevant ward, as at the last general
election
NWC is the number of councillors representing the relevant ward
Z is an amount prescribed by the regulations;
(d) in default of a metropolitan council fixing an allowance in accordance
with the requirements of this section, the allowance will be the relevant
maximum determined under a preceding paragraph.
(12) The making or variation of a regulation prescribing an amount for the
purposes of the formula under subsection (11) will not affect an allowance
under this section until the allowance falls to be renewed or reviewed by the
relevant council.
(13) In this section—
area councillor means a councillor appointed or elected as a
representative of the area of a council as a whole;
Metropolitan Adelaide has the same meaning as in the
Development Act 1993;
metropolitan council means a council whose area is wholly or
partly within Metropolitan Adelaide;
ward councillor means a councillor appointed or elected as a
representative of a ward.