Stage 3

Can you tell what clauses duplicated existing legislation?

The clauses that are being removed for this reason are:

By-law 3 Local government Land:

Athletic Ball Sports and Games

  • Play or practice any game which is likely to cause damage to the land or anything on it.

Firearms and Fireworks

  • Use, discharge or explode any firearms or fireworks.

Damaging or Defacing Property

  • Deface, damage, paint, write cut names or make marks on any tree, rock, gate, fence, building, sign or other property of Council.

Missiles

  • Throw, roll or discharge any stone, substance or missile to the danger of any person, property or animal.

By-law 4 Roads:

Firearms

  • Use, discharge, or explode any firearms

Damaging or Defacing Property

  • Deface, damage, paint, write cut names or make marks on any tree, rock, gate, fence, building, sign or other property of Council.

Missiles

  • Throw, roll or discharge any stone, substance or missile to the danger of any person, property or animal.

Playing Games

  • Play or participate in a game which is like ley to cause damage to the road or anything on it or in the vicinity of the Road; or

Which endangers the safety or interferes with the comfort of any person.

Why did Councils By-laws include clauses that duplicated existing Laws?

It was never Council’s intention to duplicate legislation, but rather to compliment it, and the legal advice Council received when forming the proposed changes suggested we were on the right track. The LRC disagreed and recommended that we remove the clauses of concern.

What is the function of the Legislative Review Committee and who does it comprise of?

The Legislative Review Committee may inquire into any aspect of legal, constitutional or parliamentary reform or the administration of justice. The Committee is required to consider all sub-ordinate legislation (regulations, rules and by-laws) and is also responsible for matters concerned with inter-government relations. The Committee comprises six Members, three from the House of Assembly and three from the Legislative Council and is administered by the Legislative Council.

Why is there just one new By-law being released for consultation and not all the By-laws?

By taking this approach Council may avoid any concern regarding the validity of the current By-laws, so they will not be affected in any way. That is, all of the amendments to all existing By-laws are contained in the one document- By-law 13 Miscellaneous Variations.

Stage 2

Why was this aforementioned inclusion to By-law 1 not considered during phase 1?

This clause was developed as a result of stakeholder feedback received during Phase 1.

Are there any significant changes proposed in phase 2 that were not considered in phase 1?

Yes. Council has included a clause in By-law 1, Permits and Penalties that will require the proprietor of a food business (that fronts onto the public realm) to display proof that the business has complied with their obligations pursuant to Section 86 of The Food Act 2001.

Why is there a second phase of consultation?

The Local Government Act 1999 requires Councils to undertake public consultation if and when any portion of a By-law is being amended.

That is, if any portion of By-law 12 has proposed amendments then the whole by-law must be taken out for public consultation again.

Stage 1

Why are you amending Adelaide City Council’s By-laws when they were only written a couple years ago?

The By-laws had to be written two years ago as the By-Laws in force at that time would have expired leaving no By-laws in effect. At that time Council was involved in litigation challenging the validity of the then current By-laws and decisions of the Court affected what we could or could not have covered in our new By-laws.

Now that those issues have been resolved by a High Court Decision, we can reinstate some matters that were purposely excluded and update the By-laws accordingly. 

Why is there just one new By-law and not all By-laws being re-written?

By taking this approach Council avoids any concern regarding the continuing validity of the current By-laws so they will not be affected regardless of the decision on the proposed amendments, until  the amendments are adopted by the State Government.

Once the final version is drafted and adopted by Council, it will be put to the legislative review committee of the State Government for implementation.

Further Info

Who do I contact for more information?

For more information, please contact:

Tim Babich
Community Safety Officer
Phone: 8203 7644
Email Address: t.babich@adelaidecitycouncil.com