South Australian Current Regulations South Australian Current Regulations (1) A member may bring
forward any business in the form of a written notice of motion.
(2) The notice of
motion must be given to the chief executive officer at least 7 clear days
before the date of the meeting at which the motion is to be moved.
(3) A motion the
effect of which, if carried, would be to revoke or amend a resolution passed
since the last general election of the council must be brought by
written notice of motion.
(4) If a motion under
subregulation (3) is lost, a motion to the same effect cannot be
brought—
(a)
until after the expiration of 12 months; or
(b)
until after the next general election,
whichever is the sooner.
(5) Subject to the Act
and these regulations, a member may also bring forward any business by way of
a motion without notice.
(6) The
presiding member may refuse to accept a motion without notice if, after taking
into account the Guiding Principles, he or she considers that the motion
should be dealt with by way of a written notice of motion.
(7) The
presiding member may refuse to accept a motion if the subject matter is, in
his or her opinion, beyond the power of the council or council committee (as
the case may be).
(8) A motion will
lapse if it is not seconded at the appropriate time.
(9) A member moving or
seconding a motion will speak to the motion at the time of moving or seconding
the motion.
(10) A member may only
speak once to a motion except—
(a) to
provide an explanation in regard to a material part of his or her speech, but
not so as to introduce any new matter; or
(b) with
leave of the meeting; or
(c) as
the mover in reply.
(11) A member who has
spoken to a motion may not at a later stage of the debate move or second an
amendment to the motion.
(12) A member who has
not spoken in the debate on a question may move a formal motion.
(13) A formal motion
must be in the form of a motion set out in subregulation (14) (and no
other formal motion to a different effect will be recognised).
(a) that
"the meeting proceed to the next business", then the effect of the motion, if
successful, is, in the case of an amendment, that the amendment lapses and the
meeting proceeds with the consideration of the motion before the meeting
without further reference to the amendment and, in the case of a motion, that
the motion lapses and the meeting proceeds to the next item of business; or
(b) that
"the question be put", then the effect of the motion, if successful, is that
debate is terminated and the question put to the vote by the presiding member
without further debate; or
(c) that
"the question lie on the table , then the effect of the motion, if successful,
is that the meeting immediately moves to the next item of business and the
question can then only be retrieved at a later time by resolution (and, if so
retrieved, debate is then resumed at the point of interruption); or
(d) that
"the question be adjourned", then the effect of the motion, if successful, is
that the question is disposed of for the time being but debate can be resumed
at the later time (at the point of interruption); or
(e) that
"the meeting be adjourned", then the effect of the motion, if successful, is
that the meeting is brought to an end immediately without the consideration of
further business.
(15) If seconded, a
formal motion takes precedence and will be put by the presiding member without
discussion unless the motion is for an adjournment (in which case discussion
may occur (but only occur) on the details for resumption).
(16) A formal motion
does not constitute an amendment to a substantive motion.
(17) If a
formal motion is lost—
(a) the
meeting will be resumed at the point at which it was interrupted; and
(b) if
the formal motion was put during debate (and not at the end of debate) on a
question, then a similar formal motion (ie a motion to the same effect) cannot
be put until at least 1 member has spoken on the question.
(18) A formal motion
for adjournment must include the reason for the adjournment and the details
for resumption.
(19) Any question that
lies on the table as a result of a successful formal motion under
subregulation (14)(c) lapses at the next general election.
(20) The chief
executive officer must report on each question that lapses under
subregulation (19) to the council at the first ordinary meeting of the
council after the general election.
(21)
Subregulations (9), (10) and (11) may be varied at the discretion of the
council pursuant to regulation 6.