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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Local Government (Boundary Reform) Amendment
Bill 2012
A BILL FOR
An Act to amend the Local
Government Act 1999.
Contents
Part 1—Preliminary
1Short
title
2Amendment provisions
Part 2—Amendment of Local Government
Act 1999
3Amendment of section 11—General provisions
relating to proclamations
4Insertion of Schedule 1AA
Schedule 1AA—Metropolitan Councils
Boundaries Reform Commission
1Interpretation
2Establishment of
Commission
3Commission's terms of
reference
4Commission
to have powers of, and be taken to be, Royal
Commission
5Response
to recommendations by Minister
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Local Government (Boundary Reform)
Amendment Act 2012.
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
3—Amendment
of section 11—General provisions relating to
proclamations
Section 11(1)—after "paragraph (c)" insert:
(d) in pursuance of a proposal recommended by the Minister following a
report by the Metropolitan Councils Boundaries Reform Commission under
Schedule 1AA.
After Schedule 1 insert:
Schedule 1AA—Metropolitan Councils Boundaries
Reform Commission
1—Interpretation
In this Schedule—
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.
2—Establishment of Commission
(1) A Commission of Inquiry to be known as the Metropolitan Councils
Boundaries Reform Commission is established.
(2) The Commission consists of a former Judge of the Supreme Court
appointed by the Governor on the recommendation of the House of Assembly by
resolution made for the purposes of this clause, not later than 14 sitting
days after the commencement of this Act.
3—Commission's terms of
reference
The Metropolitan Councils Boundaries Reform Commission
must—
(a) inquire into and report on the appropriate number and configuration of
metropolitan councils taking into account—
(i) the size and area of Metropolitan Adelaide; and
(ii) the desirability of the efficient administration of councils;
and
(iii) other matters that the Commissioner considers relevant;
and
(b) not later than
30 June 2013, cause copies of the report to be laid before both Houses
of Parliament—
(i) setting out the findings of the Commission's inquiry; and
(ii) making such recommendations as the Commission thinks fit as to the
appropriate number and configuration of metropolitan councils.
4—Commission to have powers of, and be taken to be,
Royal Commission
(1) The Metropolitan Councils Boundaries Reform Commission has the powers
of a Royal Commission.
(2) The provisions of the Royal
Commissions Act 1917, apply to and in relation to the Commission as
if it were a Royal Commission (and the Commission will, for the purposes of the
law of the State, be taken to be a Royal Commission).
5—Response to recommendations by
Minister
(1) On a report being presented by the Metropolitan Councils Boundaries
Reform Commission to both Houses of Parliament, the report is referred by force
of this section to the Minister for the Minister's response.
(2) The Minister must, by 31 December 2013 respond to the report
and include in the response statements as to—
(a) which (if any) recommendations of the Commission will be carried out
and the manner in which they will be carried out; and
(b) which (if any) recommendations will not be carried out and the reasons
for not carrying them out.