South Australian Proclamations and Notices

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South Australia

Local Government (Defaulting Council) Proclamation 2019

under section 273 of the Local Government Act 1999

1—Short title

This proclamation may be cited as the Local Government (Defaulting Council) Proclamation 2019.

2—Commencement

This proclamation comes into operation on the day on which it is made.

3—Interpretation

In this proclamation, unless the contrary intention appears—

Act means the Local Government Act 1999

;

Council means the District Council of Coober Pedy.

4—Defaulting council

The Council is declared to be a defaulting council.

5—Appointment of administrator

Timothy Robert Sandford Jackson is appointed to be the administrator of the affairs of the Council.

6—Application of provisions of Acts and regulations

(1) Subject to this clause, the provisions of the Act (including regulations made under those provisions) and the Local Government (Elections) Act 1999

are declared to apply while the Council is a defaulting council, subject to the exclusions and modifications set out in Schedule 1

.

(2) The Local Government (Procedures at Meetings) Regulations 2013

do not apply while the Council is a defaulting council.

Schedule 1—Provisions of Acts and regulations excluded or modified (section 273(12) of Act)

Section 38(2) and (3)

Delete "principal member" wherever occurring and substitute in each case:

administrator

Section 39

Delete "a member" wherever occurring and substitute in each case:

an administrator

Delete "member's" and substitute:

administrator's

Section 56

Delete the section

Section 58(1)

Delete "principal member" and substitute:

administrator

Section 59(1)

Delete "a member of a council" and substitute:

the administrator of a council

Delete "a member of the governing body of the council" and substitute:

the administrator of the council

Delete "as a person elected to the council—"

Section 61

Delete "A member" and substitute:

An administrator

Delete "member" wherever occurring and substitute in each case:

administrator

Section 62(1) and (2)

Delete "A member" wherever occurring and substitute in each case:

An administrator

Section 62(3) and (4a)

Delete "or former member" wherever occurring and substitute in each case:

, former member, administrator or former administrator

After "a member" insert:

or administrator

Section 62(4)

After "member" wherever occurring insert:

or administrator

Section 62(5)

After "a person" insert:

(other than an administrator or former administrator)

Section 73(1) and (2)

Delete "a member" wherever occurring (other than in subsection (1)(c)) and substitute in each case:

an administrator

Delete "discussed" wherever occurring and substitute in each case:

considered

Delete "A member" and substitute:

An administrator

Delete "the member" wherever occurring and substitute in each case:

the administrator

Delete "member's" and substitute:

administrator's

Section 73(3) and (4)

Delete subsections (3) and (4)

Section 74(1)

Delete "a member" and substitute:

an administrator

Delete "discussed" and substitute:

considered

Delete "the member" wherever occurring and substitute in each case:

the administrator

Delete "inform the meeting of the member's" and substitute:

inform the Minister of the administrator's

Delete paragraph (b)

Delete "votes on" and substitute:

makes a decision on

Section 74(2)

Delete "a member" and substitute:

the administrator

Delete "taking part in the meeting, or being in the chamber where the meeting is being conducted," and substitute:

making a decision on the matter

Delete "the member" and substitute:

the administrator

Section 74(3)

Delete "a member of the council to take part in the meeting, or to be in the chamber where the meeting is being conducted," and substitute:

the administrator of the council to make a decision on the matter

Delete paragraph (a)

Section 74(5)

Delete "a member" and substitute:

an administrator

Delete "discussed" and substitute:

considered

Delete "the member's" and substitute:

the administrator's

Delete "the member" and substitute:

the administrator

Delete paragraph (c) and substitute:

(c) if the administrator made a decision in respect of the matter, under an approval under subsection (3), the fact that the decision was made under the approval.

Section 75

Delete "a member of a council's" and substitute:

an administrator's

Delete "A member" wherever occurring and substitute in each case:

An administrator

Delete "the member" wherever occurring and substitute in each case:

the administrator

Delete "discussed" wherever occurring and substitute in each case:

considered

Delete "relevant member's" and substitute:

administrator's

Section 75A

Delete "a member" wherever occurring and substitute in each case:

an administrator

Delete "the member" wherever occurring and substitute in each case:

the administrator

Delete "the member must inform" and substitute:

the administrator must inform persons present at

Delete "the member's" wherever occurring and substitute in each case:

the administrator's

Delete "participate in the meeting in relation to the matter" and substitute:

make a decision on the matter at the meeting

Delete subsection (3)

Delete "discussed" wherever occurring and substitute:

considered or decided

Delete subsection (4)(d) and (e)

Section 75B

After "as if" wherever occurring insert:

there were no exclusions of, or modifications to, the provisions of Subdivision 1 or 2 under section 273(12) and as if

Section 80

Delete "every member" and substitute:

an administrator

Delete "a member" and substitute:

an administrator

Delete "members" and substitute:

administrators

Section 82(1)(a)

Delete "the principal member" and substitute:

an administrator

Sections 85

Delete the section

Section 86(1)

Delete "principal member" and substitute:

administrator

Section 86(2) and (3)

Delete subsections (2) and (3)

Section 86(4)

Delete "a majority of the votes cast by the members present at the meeting and entitled to vote on the question" and substitute:

the administrator

Section 86(5) to (7)

Delete subsections (5) to (7) (inclusive)

Section 86(8)

Delete subsection (8) and substitute:

(8) Subject to this Act, the procedure to be observed at a meeting of a council will be determined by the council.

Section 252(7)

Delete "principal member" and substitute:

administrator

Section 263(1)

After "member" wherever occurring insert:

or administrator

After "Chapter 5 Part 4" insert:

(as modified)

Section 263A

After "member" wherever occurring insert:

or administrator

Section 263B(1)

After "that the council" insert:

or, in the case of a complaint against an administrator, the Minister

Section 263B(1)(a), (b) and (c)

After "member" wherever occurring insert:

or administrator

Section 263B(1)(d)

Before "ensure" insert:

in the case of a complaint against a member—

Section 263B(3)

Delete "A council is" and substitute:

The Minister and a council are

Section 290(1)

After "signed by" insert:

an administrator of a council,

Local Government (Elections) Act 1999

Sections 6 to 8

Delete sections 6 to 8 (inclusive)

Local Government (General) Regulations 2013

Schedule 2A, clause 2(2)

Delete "principal member" and substitute:

administrator

Made by the Governor

on the recommendation of the Minister for Transport, Infrastructure and Local Government and with the advice and consent of the Executive Council
on 24 January 2019

MTIL19/015CS

[Published in the Gazette on 24 January 2019 at page 272]

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