{"id":"city-of-adelaide-act-1998","name":"City of Adelaide Act 1998","slug":"city-of-adelaide-act-1998","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31765,"registerId":"sa-city-of-adelaide-act-1998-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 2","sectionType":"part","heading":"Collaborative arrangements for the strategic development of the City of Adelaide","content":"Part 2—Collaborative arrangements for the strategic development of the City of Adelaide\n","sortOrder":0},{"sectionNumber":"Div 1","sectionType":"division","heading":"Establishment of the Capital City Committee","content":"Division 1—Establishment of the Capital City Committee\n6—Establishment of the Capital City Committee\nThe Capital City Committee is established.\n7—Membership of the Capital City Committee\n\t(1)\tThe Capital City Committee consists of the following members:\n\t(a)\t—\n\t(i)\tthe Premier, or a Minister nominated by the Premier; and\n\t(ii)\ttwo other Ministers nominated by the Premier; and\n\t(i)\tthe Lord Mayor or, if the Lord Mayor chooses not to be a member of the Committee, another member of the Adelaide City Council nominated by the Council; and\n\t(ii)\ttwo other members of the Adelaide City Council nominated by the Council.\n\t(2)\tA person ceases to be a member of the Committee if—\n\t(a)\tin the case of a person holding office as a member under subsection (1)(a)—\n\t(i)\tin the case of a nominee of the Premier under subsection (1)(a)(i)—the nomination is withdrawn by the Premier; or\n\t(ii)\tthe person ceases to be a Minister; or\n\t(iii)\tanother Minister is nominated in substitution for the person;\n\t(b)\tin the case of a person holding office as a member under subsection (1)(b)—\n\t(i)\tin the case of a nominee of the Adelaide City Council under subsection (1)(b)(i)—the Lord Mayor chooses to become a member of the Committee, or another member of the Council is nominated in substitution for the person; or\n\t(ii)\tthe person ceases to be a member of the Adelaide City Council; or\n\t(iii)\tin the case of a nominee of the Adelaide City Council under subsection (1)(b)(ii)—another member of the Adelaide City Council is nominated in substitution for the person.\n\t(3)\tThe performance of a function or the exercise of a power by the Committee is not affected by a vacancy or vacancies in the membership of the Committee.\n\t(4)\tAnything done by or in relation to a person purporting to act under a nomination under this section is not invalid merely because there was a defect or irregularity in connection with the nomination.\n\t(5)\tA member of the Committee incurs no civil liability for an honest act or omission in the performance or exercise, or purported performance or exercise, of the member's or the Committee's functions or powers under this Act.\n\t(6)\tA civil liability that would, but for subsection (5), attach to a member attaches instead to—\n\t(a)\tin the case of a member holding office under subsection (1)(a)—the Crown;\n\t(b)\tin the case of a member holding office under subsection (1)(b)—the Adelaide City Council.\n8—Chairperson of the Capital City Committee\nThe Premier, or another member of the Committee nominated by the Premier from time to time, will be the Chairperson of the Capital City Committee.\n9—Deputies\n\t(1)\tThe Premier may nominate a Minister to be a deputy of the Premier, or of another Minister, for the purposes of the Capital City Committee.\n\t(2)\tThe Adelaide City Council may nominate a member of the Council to be a deputy of a member of the Capital City Committee under section 7(1)(b), for the purposes of the Committee.\n\t(3)\tA deputy may act as a member of the Committee in the event of the absence or unavailability of the member of the Committee in relation to whom the deputy is appointed.\n\t(4)\tAnything done by or in relation to a person purporting to act under a nomination under this section is not invalid merely because—\n\t(a)\tthere was a defect or irregularity in connection with the nomination; or\n\t(b)\tthe occasion to act had not arisen or had ceased.\n","sortOrder":1},{"sectionNumber":"Div 2","sectionType":"division","heading":"Function of the Capital City Committee","content":"Division 2—Function of the Capital City Committee\n10—Function of the Capital City Committee\n\t(1)\tThe Capital City Committee is established as an intergovernmental body to enhance and promote the development of the City of Adelaide as the capital city of the State and, for that purpose, may—\n\t(a)\tidentify and promote key strategic requirements for the economic, social, physical and environmental development and growth of the City of Adelaide as the primary focus for the cultural, educational, tourism, retail and commercial activities of South Australia; and\n\t(b)\tpromote and assist in the maximisation of opportunities for the effective co-ordination of public and private resources to meet the key strategic requirements identified by the Committee, and recommend priorities for joint action by the State Government and the Adelaide City Council (within established budget processes and programs); and\n\t(c)\tmonitor the implementation of programs designed to promote the development of the City of Adelaide; and\n\t(d)\tmake provision for the publication (as appropriate) of key strategies, goals and commitments relevant to the development and growth of the City of Adelaide that have been agreed by the parties who are (or will be) required to undertake responsibility for their implementation or delivery; and\n\t(e)\tcollect, analyse and disseminate information about the economic, social, physical and environmental development of the City of Adelaide, with particular emphasis on assessing outcomes and identifying factors that will encourage or facilitate future development within the City of Adelaide; and\n\t(f)\ttake on other tasks incidental to the preceding paragraphs.\n\t(2)\tThe Committee must convene a forum (\"the Capital City Forum\") drawn from members of the City of Adelaide community determined by the Committee, and seek advice from, or share information with, the members of the forum.\n11—Programs\n\t(1)\tThe Capital City Committee must prepare a Capital City Development Program for consideration by the State Government and the Adelaide City Council.\n\t(2)\tThe Committee may prepare or adopt other programs.\n\t(3)\tA program prepared or adopted by the Committee—\n\t(a)\tis subject to endorsement or adoption by the State Government and the Adelaide City Council (unless already so endorsed); and\n\t(b)\tis to be taken to be an expression of policy that does not derogate from the ability or power of the State Government or the Adelaide City Council to act in any matter itself, and that does not affect rights or liabilities (whether of a substantive, procedural or other nature).\n\t(4)\tThe Committee must monitor the implementation of the Capital City Development Program (once endorsed or adopted under subsection (3)) on a regular basis and, to the extent that is appropriate and necessary, ensure that it is revised by the end of February in each year for the purposes of the ensuing financial year.\n","sortOrder":2},{"sectionNumber":"Div 3","sectionType":"division","heading":"Proceedings and operations","content":"Division 3—Proceedings and operations\n12—Proceedings\n\t(1)\tThe Capital City Committee must meet at least four times in each year.\n\t(2)\tThe proceedings of the Committee will be—\n\t(a)\tas prescribed by regulation; or\n\t(b)\tinsofar as the proceedings are not prescribed by regulation—as determined by the Committee.\n\t(3)\tA regulation cannot be made for the purposes of subsection (2) except after agreement between the Minister and the Adelaide City Council.\n13—Subcommittees\n\t(1)\tThe Capital City Committee may establish subcommittees.\n\t(2)\tThe membership of a subcommittee will be determined by the Committee and may, but need not, consist of, or include, members of the Committee.\n\t(3)\tThe proceedings of a subcommittee will be—\n\t(a)\tas determined by the Committee; or\n\t(b)\tinsofar as the proceedings are not determined by the Committee—as determined by the subcommittee.\n14—Staff etc\n\t(1)\tThe Premier and the Adelaide City Council will jointly determine the administrative and staffing arrangements for the Capital City Committee.\n\t(2)\tThe Committee may—\n\t(a)\tby arrangement with the appropriate authority, make use of the services, facilities or staff of a government department, agency or instrumentality;\n\t(b)\tby arrangement with the Adelaide City Council, make use of the services, facilities or staff of the Council.\n\t(3)\tThe administrative and staffing costs of the Committee must be shared equally between the State and the Adelaide City Council.\n15—Delegation\n\t(1)\tThe Capital City Committee may delegate a function or power under this Act—\n\t(a)\tto a specified person or body; or\n\t(b)\tto a person occupying a specified position.\n\t(2)\tA delegation—\n\t(a)\tmay be made subject to conditions and limitations specified in the instrument of delegation; and\n\t(b)\tif the instrument of delegation so provides—may be further delegated by the delegate; and\n\t(c)\tis revocable at will and does not prevent the Committee from acting itself in a matter.\n","sortOrder":3},{"sectionNumber":"Div 4","sectionType":"division","heading":"Reporting and review","content":"Division 4—Reporting and review\n16—Reporting\n\t(1)\tThe Capital City Committee must ensure that a report is prepared by 31 October in each year on the operation of the collaborative arrangements established under or pursuant to this Act during the financial year ending on the preceding 30 June.\n\t(2)\tThe Premier must ensure that copies of a report prepared under subsection (1) are laid before both Houses of Parliament within 12 sitting days after the report is completed.\n\t(3)\tThe Lord Mayor must ensure that copies of a report prepared under subsection (1) are presented to the Adelaide City Council within four weeks after the report is completed.\n17—Review\n\t(1)\tThe Premier must ensure that a report is prepared by 30 June 2002 on the operation of the collaborative arrangements established under or pursuant to this Act, and on any changes that should be considered or implemented to improve or enhance those arrangements.\n\t(2)\tThe Premier must ensure—\n\t(a)\tthat the Adelaide City Council is consulted during the preparation of the report under subsection (1); and\n\t(b)\tthat any matters raised by the Adelaide City Council for inclusion in the report are so included; and\n\t(c)\tthat the Adelaide City Council is given a reasonable opportunity to comment on a final draft of the report.\n\t(3)\tThe Premier must ensure that copies of the report prepared under subsection (1) are laid before both Houses of Parliament within 12 sitting days after the report is completed.\n","sortOrder":4},{"sectionNumber":"Div 5","sectionType":"division","heading":"Other matters","content":"Division 5—Other matters\n18—Access to information\n\t(1)\tThe following will be taken to be exempt documents for the purposes of the Freedom of Information Act 1991:\n\t(a)\ta document that has been specifically prepared for submission to the Capital City Committee (whether or not it has been so submitted);\n\t(b)\ta preliminary draft of a document referred to in paragraph (a);\n\t(c)\ta document that is a copy of a part of, or contains an extract from, a document referred to in paragraph (a) or (b);\n\t(d)\tan official record of the Committee;\n\t(e)\ta document that contains matter the disclosure of which would disclose information concerning any deliberation or decision of the Committee.\n\t(2)\tA document is not an exempt document under subsection (1) if—\n\t(a)\tit merely consists of factual or statistical material that does not disclose information concerning any deliberation or decision of the Committee; or\n\t(b)\tit is within a class of documents excluded from the operation of subsection (1) by the regulations.\n\t(3)\tThe Crown and the Adelaide City Council are entitled to access to—\n\t(a)\ta document referred to in subsection (1); and\n\t(b)\tany other document in the possession or control of the Committee under this Act.\n\t(4)\tHowever—\n\t(a)\taccess to a document is not available under subsection (3) in breach of a duty of confidence; and\n\t(b)\taccess to a document under subsection (3) may be given on conditions determined by the Committee.\n\t(5)\tIn this section, a reference to the Committee includes a reference to a subcommittee or delegate of the Committee acting under this Act.\n19—Committee not to be subject to Parliamentary Committees Act\nThe functions and operations of the Capital City Committee may not be subject to inquiry under the Parliamentary Committees Act 1991.\n","sortOrder":5},{"sectionNumber":"Part 3","sectionType":"part","heading":"Special arrangements for the Adelaide City Council","content":"Part 3—Special arrangements for the Adelaide City Council\nDivision 1—Constitution of Council\n20—Constitution of Council\n\t(1)\tThe Adelaide City Council will be constituted of—\n\t(a)\tthe Lord Mayor; and\n\t(b)\tother members.\n\t(4)\tThe Council may resolve to have a Deputy Lord Mayor in accordance with the provisions of the Local Government Act 1999.\nDivision 2—Role of members\n21—Lord Mayor\nSubject to this Act, the role of the Lord Mayor as leader of the Council is—\n\t(a)\tas the principal member of the Council—\n\t(i)\tto provide leadership and guidance to the Council; and\n\t(ii)\tto lead the promotion of positive and constructive working relationships among members of the Council; and\n\t(iii)\tto provide guidance to council members on the performance of their role, including on the exercise and performance of their official functions and duties; and\n\t(iv)\tto support council members' understanding of the separation of responsibilities between elected representatives and employees of the Council; and\n\t(v)\tto preside at meetings of the Council; and\n\t(vi)\tto liaise with the chief executive officer on the implementation of decisions of the Council between Council meetings (as necessary); and\n\t(vii)\tto act as the principal spokesperson of the Council; and\n\t(viii)\tto exercise other functions of the Council as the Council determines; and\n\t(b)\tas the principal elected member of the Council representing the capital city of South Australia—\n\t(i)\tto provide leadership and guidance to the City of Adelaide community; and\n\t(ii)\tto participate in the maintenance of inter‑governmental relationships at regional, State and national levels; and\n\t(iii)\tto carry out civic and ceremonial duties associated with the office of Lord Mayor.\n22—Members\n\t(1)\tThe role of a member of the Council is—\n\t(a)\tas a member of the governing body of the Council—\n\t(i)\tto act with integrity; and\n\t(ii)\tto ensure positive and constructive working relationships within the Council; and\n\t(iii)\tto recognise and support the role of the Lord Mayor under the Act; and\n\t(iv)\tto develop skills relevant to the role of a member of the Council and the functions of the Council as a body; and\n\t(v)\tto participate in the deliberations and activities of the Council; and\n\t(vi)\tto provide community leadership and guidance to the City of Adelaide community and to participate in achieving a vision for the desired future of the City through the formulation of strategic plans and policies; and\n\t(vii)\tto keep the Council's goals and policies under review to ensure that they are appropriate and effective; and\n\t(viii)\tto keep the Council's resource allocation, expenditure and activities, and the efficiency and effectiveness of its service delivery, under review; and\n\t(ix)\tto participate in the oversight of the chief executive officer's performance under the Council's contract with the chief executive officer; and\n\t(x)\tto serve the overall public interest of the City of Adelaide; and\n\t(b)\tas a person elected to the Council—to represent the interests of residents and ratepayers of the Council and to facilitate communication between the community and the Council.\n\t(2)\tThe Lord Mayor may authorise another member of the Council to act in place of, or to represent, the Lord Mayor in the performance of a particular function.\n\t(3)\tAn authorisation under subsection (2) cannot derogate from the role of a Deputy Lord Mayor under the Local Government Act 1999.\n\t(4)\tA member of the Council has no direct authority over an employee of the Council with respect to the way in which the employee performs his or her duties.\nDivision 4—Allowances and benefits\n24—Allowances\n\t(1)\tSubject to this Act, a member of the Council is entitled to the allowance determined by the Remuneration Tribunal in relation to the member's office and indexed in accordance with this section.\n\t(2)\tThe Remuneration Tribunal must make determinations under this section on a 4 yearly basis before the designated day in relation to each periodic election for the City of Adelaide held under the Local Government (Elections) Act 1999.\n\t(3)\tThe Remuneration Tribunal must, in making a determination under this section, have regard to the following:\n\t(a)\tthe role of members of the Council as members of the Council's governing body and as representatives of their area;\n\t(b)\tthe size, population and revenue of the Council, and any relevant economic and social factors in the council area;\n\t(c)\tthe fact that an allowance under this section is not intended to amount to a salary for a member;\n\t(d)\tthe fact that an allowance under this section should reflect the nature of a member's office;\n\t(e)\tthe provisions of this Act providing for the reimbursement of expenses of members.\n\t(4)\tFor the purposes of the proceedings before the Remuneration Tribunal but without derogating from the operation of subsection (3), the allowances to be determined under this section will be taken to be in the nature of a fee under the definition of remuneration in the Remuneration Act 1990.\n\t(5)\tWithout limiting section 10 of the Remuneration Act 1990, the Remuneration Tribunal must allow persons who are entitled to be enrolled on the voters roll for the City of Adelaide, and the LGA, a reasonable opportunity to make submissions orally or in writing to the Tribunal in relation to any determination under this section.\n\t(6)\tNothing in subsection (5) requires the Remuneration Tribunal, for the purposes of making all determinations required under this section in any 4 year period, to hold more than 1 hearing to receive any oral submissions that persons may care to make (and the Tribunal is not required to hold any hearing if it appears to the Tribunal that no one is seeking to make oral submissions).\n\t(7)\tThe rates of allowances may vary from office to office.\n\t(8)\tAn allowance determined under this section will be payable for the period—\n\t(a)\tcommencing on the conclusion of the relevant periodic election; and\n\t(b)\tconcluding at the time at which the last result of the next periodic election for the City of Adelaide held under the Local Government (Elections) Act 1999 is certified by the returning officer under that Act (including in respect of a member of the Council for whom the conclusion of the next periodic election is, for other purposes, the last business day before the second Saturday of November of the year of the periodic election as a result of the operation of section 4(2)(a) of the Local Government Act 1999).\n\t(9)\tAn allowance determined under this section is to be adjusted on the first, second and third anniversaries of the relevant periodic election to reflect changes in the Consumer Price Index.\n\t(10)\tSections 17 and 19 of the Remuneration Act 1990 do not apply in relation to a determination under this section.\n\t(11)\tSubject to subsection (8), a member of the Council who holds an office for part only of the period in respect of which an allowance is payable is entitled to the proportion of the allowance that the period for which the member held the office bears to the total period.\n\t(12)\tAn allowance under this section is to be paid in accordance with any requirement set out in the regulations (unless the member declines to accept payment of an allowance).\n\t(12a)\tAmounts must be withheld from the payment of allowances to a member of the Council, and paid to the Commissioner of Taxation in accordance with the Pay as you go system under the Taxation Administration Act 1953 of the Commonwealth, if—\n\t(a)\tthat system contemplates amounts to be withheld from such payments; and\n\t(b)\tthe member requests, in accordance with any requirements of the Council, that such withholding occur.\n\t(13)\tDespite any other Act or law, the reasonable costs of the Remuneration Tribunal in making a determination under this section are to be paid by the LGA under an arrangement established by the President of the Tribunal after consultation with the LGA.\n\t(13a)\tThe LGA may recover the reasonable costs incurred by the Remuneration Tribunal in making a determination under this section as a debt from the Council.\n\t(14)\tRegulations made for the purposes of this section may make different provisions according to the offices to which they are expressed to apply.\n\t(15)\tIn this section—\nConsumer Price Index means the Consumer Price Index (All groups index for Adelaide) published by the Australian Bureau of Statistics;\ndesignated day, in relation to a particular periodic election, means the day that is 14 days before the day on which nominations close for that election.\n25—Reimbursement of expenses\n\t(1)\tA member of the Council is entitled to receive from the Council—\n\t(a)\treimbursement of expenses of a kind prescribed for the purposes of this paragraph incurred in performing or discharging official functions and duties; and\n\t(b)\treimbursement of expenses of a kind prescribed for the purposes of this paragraph, and approved by the Council (either specifically or under a policy established by the Council for the purposes of this section), incurred in performing or discharging official functions and duties; and\n\t(c)\treimbursement of expenses (not exceeding the prescribed amount) incurred by the member in producing printed material in prescribed circumstances or of a prescribed kind (other than excluded material) necessary for engaging with the community in relation to local government matters.\n\t(2)\tA policy under subsection (1)(b) lapses at a general election of the Council.\n\t(3)\tIn this section—\nexcluded material means—\n\t(a)\telectoral material within the meaning of the Local Government (Elections) Act 1999; or\n\t(b)\tmaterial produced or distributed between the close of nominations and the close of voting for a general election of the Council or a periodic election.\n26—Provision of facilities and support\n\t(1)\tThe Council may provide facilities and other forms of support to its members to assist the members in performing or discharging official functions and duties.\n\t(2)\tThe provision of facilities and services under this section is at the discretion of the Council subject to complying with the following requirements:\n\t(a)\tthe Council must specifically resolve that the provision of the facilities or services is necessary or expedient to the performance or discharge of official functions or duties;\n\t(b)\tfacilities and services must be available to members on a uniform basis (other than facilities or services specifically provided for the benefit of the Lord Mayor);\n\t(c)\tany property provided to a member remains the Council's.\n\t(3)\tA member of the Council must not use a facility or service provided by the Council under this section for a purpose unrelated to the performance or discharge of official functions or duties (unless the use has been approved by the Council and the member has agreed to reimburse the Council for any additional costs or expenses associated with this use).\nDivision 5—Specific provisions relating to the chief executive officer\n27—Role of chief executive officer\nThe functions of the chief executive officer of the Council include—\n\t(a)\tto ensure that the policies and lawful decisions of the Council are implemented in a timely and efficient manner;\n\t(b)\tto undertake responsibility for the day-to-day operations and affairs of the Council;\n\t(c)\tto provide advice and reports to the Council on the exercise and performance of its powers and functions under this or any other Act;\n\t(d)\tto co-ordinate proposals for consideration by the Council for developing objectives, policies and programs for the area;\n\t(e)\tto provide information to the Council to assist the Council to assess performance against its strategic, corporate and operational plans;\n\t(f)\tto ensure that timely and accurate information about Council policies and programs is regularly provided to the City of Adelaide community, and to ensure that appropriate and prompt responses are given to specific requests for information made to the Council;\n\t(g)\tto support and advance the role that the City of Adelaide plays as the capital city of South Australia;\n\t(h)\tto ensure that the assets and resources of the Council are properly managed and maintained;\n\t(i)\tto ensure that records required under this or another Act are properly kept and maintained;\n\t(j)\tto give effect to the principles of human resource management prescribed by the Local Government Act 1999 and to apply proper management practices;\n\t(ja)\tto ensure that effective policies, systems and procedures are established and maintained for the identification, assessment, monitoring, management and annual review of strategic, financial and operational risks;\n\t(jb)\tto report annually to the relevant audit and risk committee on the Council's internal audit processes;\n\t(k)\tto exercise, perform or discharge other powers, functions or duties conferred on the chief executive officer by or under this or other Acts, and to perform other functions lawfully directed by the Council.\n28—Appointment of staff\n\t(1)\tThe chief executive officer is responsible for appointing, managing, suspending and dismissing the other employees of the Council (on behalf of the Council).\n\t(2)\tThe chief executive officer must ensure that an appointment under subsection (1) is consistent with strategic policies and budgets adopted or approved by the Council.\n","sortOrder":6},{"sectionNumber":"Div 6","sectionType":"division","heading":"Administrative and financial matters","content":"Division 6—Administrative and financial matters\n29—Objectives\nThe Council must, in the performance of its roles and functions—\n\t(a)\tprovide open, responsive and accountable government;\n\t(b)\tbe sensitive to the needs, interests and aspirations of individuals and groups within the City of Adelaide community;\n\t(c)\tparticipate with other councils, and with State and national governments, in setting regional, State and national objectives;\n\t(d)\tgive due weight, in all its plans, policies and activities, to regional, State and national objectives and strategies concerning the economic, social, physical and environmental development and management of the City of Adelaide;\n\t(e)\tseek to co-ordinate with State and national governments in the planning and delivery of services in which those governments have an interest;\n\t(f)\tseek to ensure a proper balance within its community between economic, social, environmental and cultural considerations;\n\t(g)\tmanage its operations and affairs in a manner that emphasises the importance of service to the community;\n\t(h)\tseek to ensure that Council resources are used fairly, effectively and efficiently;\n\t(i)\tprovide services, facilities and programs that are adequate and appropriate and seek to ensure equitable access to its services, facilities and programs.\n30—Strategic plans\n\t(1)\tThe Council should take reasonable steps to undertake, or to participate in, strategic planning for its area, and the State more generally (so far as is relevant to the City of Adelaide).\n\t(2)\tThe Council should, in undertaking, or participating in, strategic planning seek—\n\t(a)\tto include an assessment of local and wider issues affecting the City of Adelaide and the Council's responses to those issues (including by co-operation with other councils and bodies); and\n\t(b)\tto develop policy statements and proposals to address issues associated with the economic, social, physical and environmental development and management of the City of Adelaide; and\n\t(c)\tto ensure consistency with any relevant state planning policy, the regional plan for Greater Adelaide (insofar as it is relevant to the City of Adelaide), and the Planning and Design Code, under the Planning, Development and Infrastructure Act 2016; and\n\t(d)\tto address other relevant issues.\n34—Financial reporting\n\t(1)\tThe Adelaide City Council must include in its financial statements under Chapter 8 Part 3 Division 3 of the Local Government Act 1999 for each financial year specific information that shows its expenditure, in actual terms and as a percentage of the total expenditure of the Council, in relation to—\n\t(a)\tthe Council's commitments under the Capital City Development Program; and\n\t(b)\tworks, services and activities that are directly related to the Council's economic development program for the City of Adelaide.\n\t(2)\tThe Adelaide City Council must include in its annual report under Chapter 8 Part 4 of the Local Government Act 1999 specific information on the relationship between its annual business plan, general revenue raising policies and expenditure policies.\n\t(3)\tThe Council must, at the request of the Minister, furnish the Minister with such additional information as the Minister may reasonably require concerning the relationship between its annual business plan, general revenue raising policies and expenditure policies.\n","sortOrder":7},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"Part 4—Miscellaneous\n37A—Rundle Mall\n\t(1)\tRundle Mall (the Mall) continues as a pedestrian mall.\n\t(2)\tA person must not—\n\t(a)\tdrive a vehicle on any part of the Mall; or\n\t(b)\tallow a vehicle to be or remain on any part of the Mall,\notherwise than in accordance with a notice or permit published or given by the Adelaide City Council under this section.\nMaximum penalty: $750.\nExpiation fee: $105.\n\t(3)\tThe Council may, by notice published in the Gazette—\n\t(a)\tspecify the vehicles that may enter or remain in the Mall (and those vehicles may be defined by reference to vehicles generally, vehicles of a specified class, vehicles used for a specified purpose or by a specified person or persons of a specified class, or vehicles used in specified circumstances);\n\t(b)\tspecify the hours or occasions during which vehicles may enter or remain in the Mall (and the hours so specified may vary according to a vehicle or class of vehicles or according to other specified circumstances).\n\t(4)\tThe Council may, by notice in writing, permit a vehicle to enter and remain in the Mall for the purpose and for the period, and subject to the conditions (if any), specified in the permission.\n\t(5)\tA person must not contravene or fail to comply with a condition imposed under subsection (4).\nMaximum penalty: $750.\nExpiation fee: $105.\n\t(6)\tThe Council may, by further notice, vary or revoke a notice or permit published or given under this section.\n\t(7)\tIn addition to any other power to make by-laws, the Council may make by-laws—\n\t(a)\tregulating, controlling or prohibiting any activity in the Mall, or any activity in the vicinity of the Mall, that is, in the opinion of the Council, likely to affect the use or enjoyment of the Mall; and\n\t(b)\tproviding for the fixing, and varying or revoking, by resolution of the Council, of fees and charges for the use of the Mall or any part of the Mall for any display, activity or entertainment, or for any service provided or permit issued in or in connection with the Mall, and providing for any matter or thing in connection with the collection or remission of those fees or charges; and\n\t(c)\tregulating any matter or thing connected with the external appearance of a building or structure on, abutting or visible from the Mall; and\n\t(d)\tregulating, controlling or prohibiting the movement or standing of vehicles on access or egress areas to the Mall; and\n\t(e)\tfixing a penalty not exceeding $250 for a breach of a by-law.\n\t(8)\tIn any proceedings for an offence against this section, an allegation that a person is the owner of a specified vehicle will, in the absence of proof to the contrary, be taken to be proved.\n\t(9)\tIf in any proceedings for an offence against this section it is proved that a vehicle was driven, parked, standing or stationary in any place in contravention of this section, it will, in the absence of proof to the contrary, be presumed that the vehicle was driven, parked, left standing or allowed to remain stationary by the owner of the vehicle.\n\t(10)\tThe Local Government Act 1999 applies to and in relation to by-laws made under this section as if they were by-laws made under that Act.\n37B—Corporate name\nThe corporate name of the Corporation of Adelaide continues to be The Corporation of the City of Adelaide.\n37C—The Corporation Acre\nThe land known as \"The Corporation Acre\" within the City of Adelaide is vested in the Adelaide City Council.\n38—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by this Act, or as are necessary or expedient for the purposes of this Act.\n\t(2)\tWithout limiting the generality of subsection (1), the regulations may make specific provision concerning the furnishing of reports and other information to the Adelaide City Council by council members who are members of the Capital City Committee.\n\t(3)\tThe regulations may prescribe provisions of a savings or transitional nature consequent on the amendment of this Act by another Act.\n","sortOrder":8},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Special provisions for elections and polls","content":"Schedule 1—Special provisions for elections and polls\n1—Interaction with Local Government (Elections) Act 1999\n\t(1)\tIn this Schedule—\n\t(a)\tPart 2 operates, in relation to the Council and the City of Adelaide in substitution for the provisions of Part 4 of the Local Government (Elections) Act 1999; and\n\t(b)\tPart 3 operates, in relation to the Council and the City of Adelaide, in substitution for the provisions of Part 5 of the Local Government (Elections) Act 1999; and\n\t(c)\tclause 18 operates, in relation to the Council and the City of Adelaide, in substitution for the provisions of section 39 of the Local Government (Elections) Act 1999;\n\t(d)\tclause 19 operates, in relation to the Council and the City of Adelaide, in substitution for the provisions of section 47 of the Local Government (Elections) Act 1999;\n\t(e)\tPart 8 operates, in relation to the Council and the City of Adelaide, in substitution for the provisions of Part 14 of the Local Government (Elections) Act 1999.\n\t(2)\tSection 13A(2)(a) of the Local Government (Elections) Act 1999 does not apply in relation to the Council.\nPart 2—Enrolment\n2—Qualifications for enrolment\n\t(1)\tSubject to this Schedule1—\n\t(a)\ta natural person of or above the age of majority is entitled to be enrolled on the voters roll for an area or ward if that person—\n\t(i)\tis enrolled as an elector for the House of Assembly in respect of a place of residence within the area or ward; or\n\t(iii)\tis a State elector, is a ratepayer in respect of rateable property within the area or ward and is the sole owner of that rateable property; or\n\t(iv)\tis a State elector, is a ratepayer in respect of rateable property within the area or ward, is the sole occupier of that rateable property, and is not a resident in respect of that rateable property; and\n\t(b)\ta body corporate is entitled to be enrolled on the voters roll for an area or ward if it is a ratepayer in respect of rateable property within the area or ward and is the sole owner or sole occupier of the rateable property; and\n\t(c)\ta group of persons (consisting of natural persons, bodies corporate or partly of natural persons and partly of bodies corporate) is entitled to be enrolled as a group on the voters roll for an area or ward if—\n\t(i)\tthe members of the group are all ratepayers in respect of rateable property within the area or ward; and\n\t(ii)\tthe members of the group are joint owners, owners in common or joint occupiers of the rateable property; and\n\t(iii)\tat least 1 member of the group (being a natural person of or above the age of majority or a body corporate) is not enrolled on the relevant voters roll under paragraph (a) or (b), and no member of the group is enrolled on the relevant voters roll under paragraph (a)(i) as a resident in respect of the rateable property; and\n\t(iv)\tno member of the group who is an occupier of the rateable property but not an owner is a resident in respect of the rateable property.\n\t(2)\tA natural person is entitled, without application, to provisional enrolment on the voters roll for an area or ward if he or she is provisionally enrolled as an elector for the House of Assembly in respect of a place of residence within the area or ward.\n\t(3)\tNo enrolment will be made on the voters roll on the basis of a claim or application received between the time at which rolls for an election or poll close and polling day for the election or poll.\n\t(5)\tA group of persons may, on application to the chief executive officer in a form determined by the chief executive officer—\n\t(a)\tnominate a name for the group for the purposes of the voters roll;\n\t(b)\tchange the name for the group for the purposes of the voters roll.\n\t(6)\tThe chief executive officer may reject an application under subclause (5) if the name is, in the opinion of the chief executive officer, obscene or frivolous.\n\t(7)\tSubject to the adoption of a name under subclause (5), the chief executive officer may determine the name of a group for the purposes of the voters roll.\n\t(8)\tThe name of a group must include the word \"Group\" at the end.\n\t(9)\tFor the purposes of subclause (1)(a)(iv) and (c)(iv), the chief executive officer is entitled to assume (in the absence of any information in the hands of the chief executive officer to the contrary) that a ratepayer in respect of rateable property used for residential purposes who is a natural person and who is (or who appears to be) an occupier but not an owner of that rateable property is a resident in respect of that rateable property (and the voters roll may have effect accordingly).\n\t(10)\tA person must not make a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of any particular) in any information provided under this clause.\n","sortOrder":9},{"sectionNumber":"1","sectionType":"section","heading":"Subclause (1) does not apply to the Crown (see section 302 of the Local Government Act 1999).","content":"1\tSubclause (1) does not apply to the Crown (see section 302 of the Local Government Act 1999).\n3—The voters roll\n\t(1)\tThe chief executive officer is responsible for the maintenance of a voters roll for the area.\n\t(2)\tSubject to this clause, the voters roll must set out in relation to each person, body corporate or group enrolled—\n\t(a)\tin the case of a natural person—the full name of the person and the address of the person's place of residence; and\n\t(b)\tin the case of a body corporate or group—\n\t(i)\tthe full name of the body corporate or group; and\n\t(ii)\t—\n\t(A)\tif the body corporate or group has nominated an eligible person under clause 3A(3) or 3C(2)—the full name and date of birth of the nominated person for the body corporate or group; or\n\t(B)\tif a default person has been nominated for the body corporate or group under clause 3B(1)—the full name and date of birth of the default person for the body corporate or group; and\n\t(c)\tthe address of the place of residence or rateable property (as the case may be) by virtue of which the person, body corporate or group is entitled to be enrolled; and\n\t(d)\tat the option of the person, body corporate or group—an additional address nominated by the person, body corporate or group (in a manner and form determined by the chief executive officer) for the service of postal voting papers under clause 18; and\n\t(e)\tany prescribed particulars.\n\t(2a)\tThe chief executive officer must redact the full name and date of birth of a default person for a body corporate or group from any copy of the voters roll available for inspection by the public or provided to any person (other than a copy of the voters roll supplied to the returning officer in accordance with subclause (16)).\n\t(3)\tIf the chief executive officer is satisfied that the inclusion on the voters roll of the address of the place of residence of a person or the address of a place of residence or rateable property (as the case may be) by virtue of which a person is entitled to be enrolled would place at risk the personal safety of that person, a member of that person's family or any other person, the chief executive officer may suppress the address from the voters roll.\n\t(4)\tIf the chief executive officer is satisfied that the address of the place of residence of a person entitled to be enrolled to vote is suppressed from a roll under the Electoral Act 1985, the chief executive officer must also suppress that address from the voters roll.\n\t(5)\tIf an area is divided into wards, the voters roll must differentiate the electors enrolled on the roll according to the wards in respect of which they are entitled to vote.\n\t(6)\tThe voters roll must be maintained in a form that allows for the roll to be brought into an up‑to‑date form (including by the merger of enrolment information for the House of Assembly) within 3 weeks after the supply of relevant information by the Electoral Commissioner under subclause (10).\n\t(7)\tThe voters roll must be brought up‑to‑date whenever an election or poll is to be held so as to reflect entitlements as they exist—\n\t(a)\tin the case of a periodic election—on a day fixed by the returning officer for the close of the roll;\n\t(b)\tin the case of any other election, or a poll—on a day fixed for the close of the roll by the proclamation or notice fixing polling day for the election or poll.\n\t(8)\tA day that falls within the ambit of subclause (7) will be the closing date for the roll.\n\t(9)\tThe closing date must not be less than—\n\t(a)\tin the case of the closing date under subclause (7)(a)—13 weeks before polling day for the relevant election;\n\t(b)\tin the case of the closing date under subclause (7)(b)—8 weeks before polling day for the relevant election or poll.\n\t(10)\tThe Electoral Commissioner—\n\t(a)\tmust, within 7 days after a closing date; and\n\t(b)\tmay, at any other time,\nsupply the chief executive officer with a list of the persons who are, as at the closing date or relevant time, enrolled (including those provisionally enrolled) as electors for the House of Assembly in respect of a place of residence within the area.\n\t•\tA list may be supplied in electronic form, or in another manner agreed between the Electoral Commissioner and the chief executive officer.\n\t(11)\tIf the area of the Council is divided into wards, the list supplied under subclause (10) must differentiate the electors according to the wards in relation to which they are enrolled.\n\t(12)\tThe Electoral Commissioner is entitled to recover as a debt from the Council a fee of an amount determined by the Electoral Commissioner for the supply of a list under this clause.\n\t(13)\tThe voters roll must be brought up‑to‑date in accordance with the requirements of subclause (7) within 4 weeks after the relevant closing date.\n\t(13a)\tFor the purposes of subclause (13), a voters roll will be taken to have been brought up‑to‑date when copies of the roll are available for public inspection under this clause.\n\t(14)\tThe Council must ensure that copies of the roll are available for inspection (without charge) by the public at the principal office of the Council.\n\t(15)\tAt any time between the close of nominations and polling day for an election, a nominated candidate for the election (other than a candidate declared elected under section 25(1) or (1a) of the Local Government (Elections) Act 1999) is entitled to obtain from the returning officer a copy of the voters roll for the area (and the nominated candidate may, during that period, obtain further copies of the voters roll from the returning officer on payment of the fees fixed by the returning officer).\n\t(16)\tThe chief executive officer must supply the returning officer with sufficient copies of the voters roll, certified by the chief executive officer, for use at an election or poll.\n\t(17)\tThe chief executive officer is not responsible to check the accuracy of a list supplied by the Electoral Commissioner under this clause and is entitled to assume that such a list is accurate.\n\t(18)\tThe validity of a voters roll is not affected by a misdescription or other error in the roll.\n\t(19)\tA voters roll is conclusive evidence of the entitlement of a person, body corporate or group whose name appears in the roll as an elector to vote at an election or poll at which the roll is used.1\n\t(20)\tIf a copy of the voters roll is provided to a person under this clause, a person who uses that copy of the roll, or information contained in that copy of the roll, for a purpose other than the distribution of matter calculated to affect the result of a local government election or a purpose related to the holding of such an election is guilty of an offence.\nMaximum penalty: $10 000.\n1\tPart 3 is also relevant to determining entitlements to vote.\n3A—Nominating person to vote on behalf of body corporate or group\n\t(1)\tThe chief executive officer must, by notice in writing to each body corporate and group on the voters roll, request that the body corporate or group nominate, in the form determined by the Electoral Commissioner (the nomination form), an eligible person to vote on its behalf.\n\t(2)\tThe notice in subclause (1) must—\n\t(a)\tbe issued to each body corporate or group—\n\t(i)\tin the case of a periodic election—not later than 7 weeks before the relevant closing date; or\n\t(ii)\tin the case of any other election, or a poll—not later than 4 weeks before the relevant closing date; and\n\t(b)\tenclose the nomination form.\n\t(3)\tA body corporate or group may nominate an eligible person to vote on its behalf by providing the completed nomination form to the chief executive officer by the relevant closing date.\n3B—Nominating default person to vote on behalf of body corporate or group\n\t(1)\tIf the chief executive officer has not received a nomination under clause 3A(3) by the relevant closing date, or the person nominated is not an eligible person, the chief executive officer must—\n\t(a)\tin the case of a body corporate—nominate the first officer of the body corporate (to be taken alphabetically) who is a State elector; or\n\t(b)\tin the case of a group—nominate the first member of the group or officer of a body corporate that is a member of the group (to be taken alphabetically) (as the chief executive officer thinks fit) who is a State elector,\nto vote on behalf of the body corporate or group.\n\t(2)\tDespite subclause (1), the chief executive officer must not nominate a person under that subclause if the person is already on the voters roll or otherwise entitled to be enrolled on the voters roll.\n\t(3)\tFor the purposes of subclause (1), the chief executive officer may—\n\t(a)\tin the case of a body corporate (including a body corporate that is a member of a group)—use the most recent information that is available after the relevant closing date from the Australian Securities and Investments Commission or another appropriate public body concerning the name and age of the persons specified in that subclause; or\n\t(b)\tin the case of a group—use the most recent information held by the council after the relevant closing date concerning the name and age of the persons specified in that subclause.\n3C—Notice of default person and further nomination of person to vote on behalf of body corporate or group\n\t(1)\tThe chief executive officer must, within 14 days after the relevant closing date, give notice in writing to each body corporate or group enrolled on the voters roll in respect of which there is no nominated person—\n\t(a)\tif a default person has been nominated by the chief executive officer under clause 3B(1)—of the name of the default person; or\n\t(b)\tif a default person has not been nominated—that no default person has been nominated,\nand of the option for the body corporate or group to nominate an eligible person (if any) in the form determined by the Electoral Commissioner (the nomination form) and within the prescribed period.\n\t(2)\tA body corporate or group may nominate an eligible person to vote on its behalf by providing the completed nomination form to the chief executive officer within the prescribed period.\n\t(3)\tIf the chief executive officer does not receive a nomination from the body corporate or group within the prescribed period, or receives a nomination but the person nominated is not an eligible person—\n\t(a)\twhere a default person has been nominated under clause 3B(1)—the default person remains the person nominated to vote on behalf of the body corporate or group; or\n\t(b)\twhere a default person has not been nominated—no person is nominated to vote on behalf of the body corporate or group (and ballot papers will not be issued to the body corporate or group under clause 18).\n\t(4)\tIn this clause—\nprescribed period means 21 days after the relevant closing date.\n3D—Provision of information\nThe Electoral Commissioner must provide the chief executive officer with any information in the Electoral Commissioner's possession about whether a person is a State elector so that the chief executive officer may be satisfied that—\n\t(a)\tin connection with clause 2(1)(a)(iii) and (iv)—a natural person is entitled to be on the voters roll; and\n\t(b)\tin the case of a body corporate or group—a nominated person or default person is a State elector.\nPart 3—Entitlement to vote\n4—Entitlement to vote\n\t(1)\tSubject to subclause (2), a natural person who has his or her name on the voters roll used for an election or poll as an elector in his or her own right is entitled to vote at that election or poll.\n\t(2)\tA natural person is not entitled to vote at an election if—\n\t(a)\the or she was provisionally enrolled; and\n\t(b)\the or she is not, as at polling day, of or above the age of majority.\n\t(3)\tA natural person is entitled to vote at an election or poll for a body corporate or group which has its name on the voters roll if—\n\t(a)\tthe natural person is the nominated person on the voters roll for the body corporate or group; or\n\t(b)\tthe natural person is the default person on the voters roll for the body corporate or group.\n\t(6)\tIf the name of a natural person has been omitted in error from a voters roll used for an election or poll, the person is, subject to this Schedule, entitled to vote at the election or poll as if the error had not occurred.\n\t(7)\tIf the name of a body corporate has been omitted in error from a voters roll used for an election or poll, a person is, subject to this Schedule, entitled to vote at the election or poll under subclause (3) as if the error had not occurred.\n\t(8)\tIf the name of a group has been omitted in error from a voters roll used for an election or poll, a person is, subject to this Schedule, entitled to vote at the election or poll under subclause (3) as if the error had not occurred.\n\t(9)\tA natural person cannot vote at an election or poll for another natural person pursuant to a power of attorney.\n\t(10)\tA natural person may only vote in 1 capacity at an election or poll for the City of Adelaide (but this clause does not prevent a person voting at 2 or more elections for the City of Adelaide held on the same day).\n5—Entitlement to stand for election\n\t(1)\tSubject to this Schedule and the Local Government Act 1999, a person is eligible to be a candidate for election as a member of the Council if—\n\t(a)\tthe person is an Australian citizen; and\n\t(i)\tthe person is an elector for the area; or\n\t(ii)\tthe person is the nominee of a body corporate which has its name on the voters roll for the area; or\n\t(iii)\tthe person is the nominee of a group which has its name on the voters roll for the area; or\n\t(iv)\tthe person's name has been omitted in error from the voters roll for the area, or the person is the nominee of a body corporate or group which has had its name omitted in error from the voters roll for the area (and would be eligible for nomination under subparagraph (ii) or (iii) (as the case may be) were the name on the roll).\n\t(2)\tSubclause (1)(b) operates subject to the following qualifications:\n\t(a)\ta nominee of a body corporate must be an officer of the body corporate;\n\t(b)\ta nominee of a group must be a member of the group, or an officer of a body corporate that is a member of the group;\n\t(c)\ta body corporate or group cannot nominate more than one person for a particular election;\n\t(d)\ta body corporate or group cannot nominate a person who has not attained the age of majority.\n\t(3)\tA person is not eligible to be a candidate for election as a member of the Council if the person—\n\t(a)\tis a member of an Australian Parliament; or\n\t(b)\tis an undischarged bankrupt or is receiving the benefit of a law for the relief of insolvent debtors; or\n\t(c)\thas been sentenced to imprisonment and is, or could on the happening of some contingency become, liable to serve the sentence or the remainder of the sentence; or\n\t(d)\tis an employee of the Council; or\n\t(e)\tis disqualified from election by court order under the Local Government Act 1999; or\n\t(f)\tis suspended from office under section 55B of the Local Government Act 1999.\n\t(4)\tA person is not eligible to be a candidate for election as a member of the Council if the person—\n\t(a)\tin the case of a supplementary election—is a member of another council; or\n\t(b)\tin the case of any election—is a candidate for election as a member of another council.\n","sortOrder":10},{"sectionNumber":"Part 7","sectionType":"part","heading":"Special provisions relating to postal voting","content":"Part 7—Special provisions relating to postal voting\n18—Issue of postal voting papers\n\t(1)\tSubject to subclause (1a), the returning officer must, as soon as practicable after the twenty eighth day before polling day, and in any event not later than 21 days before polling day, issue to every natural person, body corporate or group who or which has their or its name on the voters roll used for the purposes of the election or poll postal voting papers consisting of—\n\t(a)\ta ballot paper (or, in an appropriate case, ballot papers) authenticated to the satisfaction of the returning officer; and\n\t(b)\tan opaque envelope bearing a declaration (in a form determined by the Electoral Commissioner), to be completed by the voter, declaring the voter's date of birth and—\n\t(i)\tthat the ballot paper contained in the envelope contains their vote; and\n\t(ii)\tthat they have not already voted at the election or poll; and\n\t(iia)\tif the voting papers are issued to a natural person—that the person is a State elector; and\n\t(iii)\tif the voting papers are issued to a body corporate or group—\n\t(A)\tthe voter's full name; and\n\t(B)\tthat the voter is the nominated person or default person for the body corporate or group.\n\t(1a)\tPostal voting papers must not be issued under this clause to a body corporate or group which has its name on the voters roll for the election or poll if there is no nominated person or default person for the body corporate or group.\n\t(2)\tThe declaration under subclause (1) must appear on a tear‑off extension to the envelope flap.\n\t(3)\tAn envelope used under subclause (1) must be—\n\t(a)\ta pre‑paid post envelope addressed to the returning officer; or\n\t(b)\taccompanied by a pre‑paid post envelope addressed to the returning officer,\nand must comply with any prescribed requirement.\n\t(4)\tPostal voting papers must also be issued to any person, body corporate or group of persons whose name does not appear on the voters roll but who claims to be entitled to vote at the election or poll and applies to the returning officer for voting papers not later than 5 pm on the seventh day before polling day.\n\t(5)\tPostal voting papers issued under subclause (4) must also include a declaration (in a form determined by the Electoral Commissioner) for the voter to set out the grounds on which an entitlement to vote is claimed.\n\t(6)\tPostal voting papers issued under this clause must be accompanied by an explanatory notice and a set of candidate profiles that comply with the regulations and may be accompanied by other material determined by the returning officer.\n\t(7)\tSubject to subclause (1a), postal voting papers may be issued under this clause—\n\t(a)\tby giving them to the prospective voter personally; or\n\t(b)\tby sending them by post—\n\t(i)\tto a prospective voter at the appropriate address on the voters roll; or\n\t(ii)\tin the case of a body corporate or group (without limiting any other method of delivery)—to the body corporate or group at an address nominated by the body corporate or group in a manner determined or approved by the returning officer; or\n\t(iii)\tin the case of a prospective voter whose name and address do not appear on the voters roll—at some other address of which the returning officer has received notice in a manner determined or approved by the returning officer.\n\t(8)\tThe returning officer must keep a record of the electors and other persons to whom voting papers are issued under this clause.\n\t(9)\tIf postal voting papers are returned because they have not been able to be successfully delivered, the returning officer must retain those voting papers in a secure place.1\n\t(10)\tThe returning officer is not obliged to check the date of birth of a voter, or any other information, provided under this clause (but may do so on a selective, random or other basis determined by the returning officer).\n\t(11)\tA vote may be admitted to the count notwithstanding that the voter's date of birth has not been declared (or accurately declared) under this clause, or that there has been some other formal defect or error on the part of the voter in complying with the requirements of this clause (unless the returning officer is of the opinion that the defect or error is sufficiently significant to warrant the rejection of the vote).\n\t(12)\tThe returning officer is not required to issue postal voting papers under this clause with respect to a person who the returning officer has reason to believe has died.\n1\tFresh voting papers may be subsequently issued under section 43 of the Local Government (Elections) Act 1999.\n19—Arranging postal papers\n\t(2)\tFor the purposes of the scrutiny of voting papers for each election or poll, the returning officer will, with the assistance of any other electoral officers who may be present, and in the presence of any scrutineers who may be present—\n\t(a)\texamine the declarations on all envelopes used for voting (and validly returned) and determine which votes are to be accepted for further scrutiny and which rejected from further scrutiny, rejecting unopened—\n\t(i)\tany envelope that forms part of a set of voting papers that have been cancelled under this Schedule;\n\t(ii)\tany two or more envelopes where it appears to the returning officer that the voter has acted in more than one capacity at the particular election or poll;\n\t(iii)\tany envelope where the voter's name does not appear on the voters roll, unless the voter is the nominated person or default person for a body corporate or group, or unless the voter's name has been omitted from the roll in error;\n\t(iv)\tany envelope where the voter does not appear to be a State elector;\n\t(v)\tany envelope where the signature does not, to the satisfaction of the returning officer, correspond with the signature on the application (if any) of the voter for the relevant voting papers;\n\t(b)\ttear off the extensions to the envelope flaps on the envelopes accepted under paragraph (a);\n\t(c)\trearrange the envelopes that no longer bear their tear-off extensions so that the anonymity of voters is maintained;\n\t(d)\tremove the ballot papers from those envelopes;\n\t(e)\tif an envelope contains more than one ballot paper and a scrutineer challenges the number of ballot papers contained in the envelope—satisfy himself or herself that the envelope does not contain more ballot papers than the number to which the voter is entitled and, if the returning officer is not so satisfied, return all of those ballot papers to the envelope and reject them from the count;\n\t(f)\texamine the remaining ballot papers and reject any informal ballot papers;\n\t(g)\tarrange all unrejected ballot papers into appropriate parcels for counting.\n","sortOrder":11},{"sectionNumber":"Part 8","sectionType":"part","heading":"Campaign donations and expenditure","content":"Part 8—Campaign donations and expenditure\nDivision 1—Preliminary\n22—Interpretation\n\t(1)\tIn this Part—\ndisposition of property means a conveyance, transfer, assignment, settlement, delivery, payment or other alienation of property, and includes—\n\t(a)\tthe allotment of shares in a company; and\n\t(b)\tthe creation of a trust in property; and\n\t(c)\tthe grant or creation of a lease, mortgage, charge, servitude, licence, power or partnership or any interest in property; and\n\t(d)\tthe release, discharge, surrender, forfeiture or abandonment, at law or in equity, of a debt, contract or chose in action or any interest in property; and\n\t(e)\tthe exercise by a person of a general power of appointment of property in favour of another person; and\n\t(f)\ta transaction entered into by a person with intent thereby to diminish, directly or indirectly, the value of the person's own property and to increase the value of the property of another person;\nelectoral advertisement means an advertisement containing electoral material;\nelectoral material means an advertisement, notice, statement or representation calculated to affect the result of an election or poll;\ngift means a disposition of property made by a person to another person, otherwise than by will, being a disposition made without consideration in money or money's worth or with inadequate consideration, and includes the provision of a service (other than volunteer labour) for no consideration or for inadequate consideration;\njournal means a newspaper, magazine or other periodical, whether published for sale or for distribution without charge;\nproperty includes money.\n\t(2)\tFor the purposes of this Part—\n\t(a)\t2 or more gifts (excluding private gifts) made by the same person to a candidate during the disclosure period (within the meaning of clause 24A) or special disclosure period (within the meaning of clause 24) are to be treated as 1 gift; and\n\t(b)\ta gift made to a candidate is a private gift if it is made in a private capacity to the candidate for their personal use and the candidate has not used, and will not use, the gift solely or substantially for a purpose related to an election.\nDivision 2—Returns\n23—Preliminary\nA return under this Division must be in the form determined by the returning officer and completed and furnished in the manner determined by the returning officer.\n24—Special returns for gifts during certain period\n\t(1)\tIf a candidate for election to an office of the Adelaide City Council receives a gift from a person during the special disclosure period, the candidate must furnish a return to the returning officer in accordance with the requirements of this Part.\n\t(2)\tA return under subsection (1) must be furnished by a candidate—\n\t(a)\tin the case of a gift received during the special disclosure period before the candidate announced that they would be a candidate in the election or nominated as a candidate (as the case may be)—within 5 days after the announcement or nomination (as the case requires); or\n\t(b)\tin any other case—within 5 days of receipt of the gift.\n\t(3)\tA return under subsection (1) must set out—\n\t(a)\tthe amount or value of the gift; and\n\t(b)\tthe date on which the gift was made; and\n\t(c)\t—\n\t(i)\tif the gift was made on behalf of the members of an unincorporated association—\n\t(A)\tthe name of the association; and\n\t(B)\tthe names and addresses of the members of the executive committee (however described) of the association; or\n\t(ii)\tif the gift was purportedly made out of a trust fund or out of the funds of a foundation—\n\t(A)\tthe names and addresses of the trustees of the fund or of the funds of the foundation; and\n\t(B)\tthe title or other description of the trust fund or the name of the foundation, as the case requires; or\n\t(iii)\tin any other case—the name and address of the person who made the gift.\n\t(4)\tA return under subsection (1) is not required in respect of—\n\t(a)\ta private gift made to the candidate; or\n\t(b)\ta gift if the amount or value of the gift is less than $500.\n\t(5)\tIn this section—\nspecial disclosure period, in relation to a candidate in an election, means the period—\n\t(a)\tcommencing on the earlier of the following:\n\t(i)\tthe day that is 4 months before the day on which the person announced that they would be a candidate in the election;\n\t(ii)\tthe day that is 4 months before the day on which the person's nomination as a candidate was lodged with the returning officer; and\n\t(b)\tending on polling day for the election.\n24A—Return for all gifts received during disclosure period\n\t(1)\tA candidate for election to an office of the Adelaide City Council must furnish a return to the returning officer in accordance with the requirements of this Part setting out—\n\t(a)\tthe total amount or value of all gifts received by the candidate during the disclosure period; and\n\t(b)\tthe number of persons who made those gifts; and\n\t(c)\tthe amount or value of each gift; and\n\t(d)\tthe date on which each gift was made; and\n\t(e)\tin the case of each gift made on behalf of the members of an unincorporated association—\n\t(i)\tthe name of the association; and\n\t(ii)\tthe names and addresses of the members of the executive committee (however described) of the association; and\n\t(f)\tin the case of each gift purportedly made out of a trust fund or out of the funds of a foundation—\n\t(i)\tthe names and addresses of the trustees of the fund or of the funds of the foundation; and\n\t(ii)\tthe title or other description of the trust fund or the name of the foundation, as the case requires; and\n\t(g)\tin the case of each other gift—the name and address of the person who made the gift.\n\t(2)\tA return under subsection (1) must be furnished by a candidate within 7 days after the end of the disclosure period to which the return relates.\n\t(3)\tA return under subsection (1) need not set out any details required by that subsection in respect of—\n\t(a)\ta private gift made to the candidate; or\n\t(b)\ta gift if the amount or value of the gift is less than $500.\n\t(4)\tIf no details are required to be included in a return under this section for a candidate, the return must nevertheless be lodged and must include a statement to the effect that no gifts of a kind required to be disclosed were received.\n\t(5)\tIn this section—\ndisclosure period, in relation to a candidate in an election, means the period—\n\t(a)\tcommencing on the earlier of the following:\n\t(i)\tthe day that is 4 months before the day on which the person announced that they would be a candidate in the election;\n\t(ii)\tthe day that is 4 months before the day on which the person's nomination as a candidate was lodged with the returning officer; and\n\t(b)\tending 21 days after polling day for the election.\n24B—Certain campaign arrangements or understandings to be disclosed\n\t(1)\tIf 2 or more candidates in an election or elections in the area of the Council enter into an arrangement or understanding to do either or both of the following:\n\t(a)\tto incur expenditure jointly on electoral material relating to the election or elections;\n\t(b)\tto keep gifts of money received in relation to the election or elections in the same account,\neach candidate must, within 1 business day of entering into the arrangement or understanding, give notice of it to the returning officer.\n\t(2)\tA notice under subclause (1) must state the names of the candidates who have entered into the arrangement or understanding and comply with any requirements of the returning officer.\n\t(3)\tThe returning officer must, as soon as is reasonably practicable after receiving a notice under subclause (1), ensure that the notice is published in a prominent location on a website determined by the returning officer until 30 days after polling day for the relevant election or elections.\n25—Campaign expenditure return\n\t(1)\tSubject to this clause, a campaign expenditure return for a candidate for election to an office of the Adelaide City Council must set out details of all campaign expenditure in relation to the election incurred by or with the authority of the candidate.\n\t(2)\tFor the purposes of this clause, campaign expenditure, in relation to an election, is expenditure incurred on—\n\t(a)\tthe broadcasting of an electoral advertisement relating to the election; or\n\t(b)\tthe publishing in a journal of an electoral advertisement relating to the election; or\n\t(c)\tthe display at a theatre or other place of entertainment, of an electoral advertisement relating to the election; or\n\t(d)\tthe production of an electoral advertisement relating to the election, being an advertisement that is broadcast, published or displayed as mentioned in paragraph (a), (b) or (c); or\n\t(e)\tthe production of any material (not being material referred to in paragraph (a), (b) or (c)) that is required under section 27 of the Local Government (Elections) Act 1999 to include the name and address of the author of the material or of the person who is the printer of the material (in the case of printed electoral material); or\n\t(f)\tconsultants' or advertising agents' fees in respect of—\n\t(i)\tservices relating to the election; or\n\t(ii)\tmaterial relating to the election; or\n\t(g)\tthe carrying out of an opinion poll, or other research, relating to the election; or\n\t(h)\tthe production and distribution of electoral material that is addressed to particular persons or organisations; or\n\t(i)\tother matters or items of a prescribed kind.\n\t(3)\tIf a candidate incurred campaign expenditure of a total amount not exceeding $500 in relation to an election (or incurred no campaign expenditure), the return may be lodged as a \"Nil\" return.\n26—Certain gifts not to be received\n\t(1)\tIt is unlawful for a member of the Adelaide City Council to receive a gift made to or for the benefit of the member the amount or value of which is not less than $500 unless—\n\t(a)\tthe name and address of the person making the gift are known to the member; or\n\t(b)\tat the time when the gift is made, the person making the gift gives to the member his or her name and address and the member has no grounds to believe that the name and address so given are not the true name and address of the person making the gift.\n\t(2)\tIt is unlawful for a candidate in an election, or a person acting on behalf of a candidate in an election, to an office of the Adelaide City Council to receive a gift made to or for the benefit of the candidate the amount or value of which is not less than $500 unless—\n\t(a)\tthe name and address of the person making the gift are known to the person receiving the gift; or\n\t(b)\tat the time when the gift is made, the person making the gift gives to the person receiving the gift his or her name and address and the person receiving the gift has no grounds to believe that the name and address so given are not the true name and address of the person making the gift.\n\t(3)\tFor the purposes of this clause—\n\t(a)\ta reference to a gift made by a person includes a reference to a gift made on behalf of the members of an unincorporated association;\n\t(b)\ta reference to the name and address of a person making a gift is—\n\t(i)\tin the case of a gift made on behalf of the members of an unincorporated association—a reference to—\n\t(A)\tthe name of the association; and\n\t(B)\tthe names and addresses of the members of the executive committee (however described) of the association; and\n\t(ii)\tin the case of a gift purportedly made out of a trust fund or out of the funds of a foundation—a reference to—\n\t(A)\tthe names and addresses of the trustees of the fund or of the funds of the foundation; and\n\t(B)\tthe title or other description of the trust fund or the name of the foundation, as the case requires;\n\t(c)\ta person who is a candidate in an election is to be taken to remain a candidate for 30 days after the polling day for the election;\n\t(d)\ta reference to a candidate in an election includes a reference to a person who is already a member of the Council.\n\t(4)\tIf a person receives a gift that, by virtue of this clause, it is unlawful for the person to receive, an amount equal to the amount or value of the gift is payable by that person to the Crown and may be recovered by the Crown as a debt by action, in a court of competent jurisdiction, against the person.\n27—Inability to complete returns\nIf a person who is required to furnish a return under this Division considers that it is impossible to complete the return because he or she is unable to obtain particulars that are required for the preparation of the return, the person may—\n\t(a)\tprepare the return to the extent that it is possible to do so without those particulars; and\n\t(b)\tfurnish the return so prepared; and\n\t(c)\tgive to the returning officer notice in writing—\n\t(i)\tidentifying the return; and\n\t(ii)\tstating that the return is incomplete by reason that he or she is unable to obtain certain particulars; and\n\t(iii)\tidentifying those particulars; and\n\t(iv)\tsetting out the reasons why he or she is unable to obtain those particulars; and\n\t(v)\tif the person believes, on reasonable grounds, that another person whose name and address he or she knows can give those particulars—stating that belief and the reasons for it and the name and address of that other person,\nand a person who complies with this clause is not, by reason of the omission of those particulars, to be taken, for the purposes of this Division, to have furnished a return that is incomplete.\n28—Amendment of returns\n\t(1)\tA person who has furnished a return under this Division may request the permission of the returning officer to make a specified amendment of the return for the purpose of correcting an error or omission.\n\t(2)\tA request under subclause (1) must—\n\t(a)\tbe by notice in writing signed by the person making the request; and\n\t(b)\tbe lodged with the returning officer.\n\t(3)\tIf—\n\t(a)\ta request has been made under subclause (1); and\n\t(b)\tthe returning officer is satisfied that there is an error in, or omission from, the return to which the request relates,\nthe returning officer must amend the return, or permit the person making the request to amend the return, in accordance with the request.\n\t(4)\tThe amendment of a return under this clause does not affect the liability of a person to be convicted of an offence arising out of the furnishing of the return.\n29—Offences\n\t(1)\tA person who fails to furnish a return that the person is required to furnish under this Division within the time required by this Division is guilty of an offence.\n\t(2)\tA person who furnishes a return or other information—\n\t(a)\tthat the person is required to furnish under this Division; and\n\t(b)\tthat contains a statement that is, to the knowledge of the person, false or misleading in a material particular,\nis guilty of an offence.\n\t(3)\tA person who furnishes to another person who is required to furnish a return under this Division information—\n\t(a)\tthat the person knows is required for the purposes of that return; and\n\t(b)\tthat is, to that person's knowledge, false or misleading in a material particular,\nis guilty of an offence.\n\t(4)\tAn allegation in a complaint that a specified person had not furnished a return of a specified kind as at a specified date will be taken to have been proved in the absence of proof to the contrary.\n30—Failure to comply with Division\n\t(1)\tIf a person who is required to furnish a return under clause 24A fails to submit the return within the time required by that clause, the returning officer must as soon as practicable notify the person of that fact.\n\t(2)\tA notification under subclause (1) must be given by letter sent to the person by registered mail.\n\t(2a)\tIf a notification under subclause (1) is sent to a member of the Council and the return to which the notification relates has not been furnished to the returning officer within 1 month after the time within which it was required to be furnished under this Division, the returning officer must send a copy of the notification to the chief executive officer of the Council (in such manner as the returning officer thinks fit).\n\t(3)\tA failure of a person to comply with a provision of this Division in relation to an election does not invalidate that election.\nDivision 3—Public access to information\n31—Public inspection of returns\n\t(1)\tThe returning officer must keep at their principal office each return furnished to the returning officer under Division 2.\n\t(2)\tThe returning officer must—\n\t(a)\tin the case of a return under clause 24—within 5 days after the return is received by the returning officer; and\n\t(b)\tin any other case—within 8 weeks after the return is received by the returning officer,\nmake a copy of each return available on a website maintained by the returning officer.\n\t(5)\tThe returning officer is only required to keep a return under this clause for a period of 4 years following the election to which the return relates.\n32—Restrictions on publication\n\t(1)\tA person must not publish—\n\t(a)\tinformation derived from a return under Division 2 unless the information constitutes a fair and accurate summary of the information contained in the return and is published in the public interest; or\n\t(b)\tcomment on the facts set forth in a return under Division 2 unless the comment is fair and published in the public interest and without malice.\n\t(2)\tIf information or comment is published by a person in contravention of subclause (1), the person, and any person who authorised the publication of the information or comment, is guilty of an offence.\nDivision 4—Related matters\n33—Requirement to keep proper records\n\t(1)\tA person must take reasonable steps to keep in his or her possession all records relevant to completing a return under this Part.\nMaximum penalty: $5 000.\n\t(2)\tA person must keep a record under subclause (1) for at least 4 years after the date on which the relevant return is required to be furnished to the returning officer under this Part.\nMaximum penalty: $5 000.\n34—Related matters\n\t(1)\tFor the purposes of this Part, the amount or value of a gift consisting of or including a disposition of property other than money is, if the regulations so provide, to be determined in accordance with principles set out or referred to in the regulations.\n\t(2)\tFor the purposes of this Part—\n\t(a)\ta body corporate and any other body corporate that is related to the first-mentioned body corporate is to be taken to be the same person; and\n\t(b)\tthe question whether a body corporate is related to another body corporate is to be determined in the same manner as under the Corporations Law.\n\t(3)\tFor the purposes of this Part, an act performed by a person or committee appointed or formed to assist the campaign of a candidate in an election will be taken to be an act performed by the candidate.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation repealed by principal Act\nThe City of Adelaide Act 1998 repealed the following:\nRundle Street Mall Act 1975\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n City of Adelaide Act 1998\n3.9.1998\n10.9.1998 (Gazette 10.9.1998 p814) except s 31—3.9.1998: s 2(2) and except ss 6—19, 21—30 and 32—37—14.12.1998 (Gazette 3.12.1998 p1674)\n City of Adelaide (Rundle Mall) Amendment Act 1999\n5.8.1999\n25.11.1999 (Gazette 25.11.1999 p2434)\n Road Traffic (Road Rules) Amendment Act 1999\n5.8.1999\n1.12.1999 (Gazette 11.11.1999 p2254)\n Local Government (Implementation) Act 1999\n18.11.1999\ns 5—1.1.2000 (Gazette 9.12.1999 p3113)\n Statutes Amendment (Local Government Elections) Act 2005\n14.7.2005\nPt 2 (ss 4—9) & Sch 1 (cll 1—4, 5(2), 6—9)—18.8.2005; Sch 1 (cl 5(1))—1.1.2006 (Gazette 18.8.2005 p3058)\n Local Government (Financial Management and Rating) Amendment Act 2005\n1.12.2005\nSch 1 (cll 1 & 2)—25.1.2007 (Gazette 25.1.2007 p276)\n Adelaide Park Lands Act 2005\n8.12.2005\nSch 1 (cl 2)—14.12.2006 (Gazette 7.12.2006 p4269)\n City of Adelaide (Representation Review) Amendment Act 2006\n Statutes Amendment (Domestic Partners) Act 2006\nPt 14 (s 41)—1.6.2007 (Gazette 26.4.2007 p1352)\n Local Government (Elections) (Miscellaneous) Amendment Act 2009\n5.11.2009\nSch 1 (cll 1—3)—21.12.2009 (Gazette 10.12.2009 p6167)\n Statutes Amendment (Council Allowances) Act 2009\n10.12.2009\nPt 3 (s 5)—14.1.2010 (Gazette 14.1.2010 p51)\n Independent Commissioner Against Corruption Act 2012\n6.12.2012\nSch 3 (cll 4—7)—1.9.2013 (Gazette 23.5.2013 p2006)\n Local Government (Accountability and Governance) Amendment Act 2015\n5.11.2015\nSch 1 (cl 1)—31.3.2016 (Gazette 31.3.2016 p1068)\n Statutes Amendment (Planning, Development and Infrastructure) Act 2017\n28.2.2017\nPt 6 (s 18)—19.3.2021 (Gazette 4.3.2021 p823)\n Statutes Amendment (Local Government Review) Act 2021\n17.6.2021\nPt 4 (ss 192 to 194)—20.9.2021; ss 191 & 196(3) to (7), (10), (11), (13), (17) to (32)—10.11.2021 (Gazette 16.9.2021 p3548); s 195—30.11.2023 (Gazette 23.12.2021 p4619); ss 190 & 196(1), (2), (8), (9), (12), (14) to (16)—1.1.2026 (Gazette 18.12.2025 p4963)\n Statutes Amendment (Local Government Elections Review) Act 2025\n27.11.2025\nPt 4 (ss 40 to 44)—1.1.2026 immediately after s 190 of 26/2021 (Gazette 18.12.2025 p4962)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nPt 1\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\ns 4\n\ndefault person\n\nsubstituted by 63/2025 s 40(1)\neligible person\n\namended by 63/2025 s 40(2)\nnominated person\nrelevant day\ndeleted by 35/2005 s 4\ns 5\n\ns 5(1)\namended by 64/1999 s 5(a)\ns 5(2)\namended by 64/1999 s 5(b)\nPt 2\n\ns 18\n\ns 18(1)\namended by 50/2009 Sch 1 cl 1\nPt 3\n\nPt 3 Div 1\n\ns 20\n\ns 20(1)\namended by 35/2005 s 5(1)\n\namended by 6/2006 s 3(1)\ns 20(2)\ndeleted by 6/2006 s 3(2)\ns 20(3)\ndeleted by 26/2021 s 191\ns 20(4)\namended by 64/1999 s 5(c)\ns 20(5)\namended by 64/1999 s 5(d)—(g)\n\namended by 35/2005 s 5(2)—(4)\n\nsubstituted by 6/2006 s 3(3)\n\nexpired: 6/2006 s 5—omitted under Legislation Revision and Publication Act 2002\n(10.11.2007)\ns 20(6)\ninserted by 35/2005 s 5(5)\n\ndeleted by 6/2006 s 3(3)\nPt 3 Div 2\n\ns 21\namended by 26/2021 s 192(1)—(3)\ns 22\n\ns 22(1)\namended by 26/2021 s 193(1), (2)\ns 22(3)\namended by 64/1999 s 5(h)\nPt 3 Div 3 before deletion by 52/2012\n\ns 23\n\ns 23(1)\namended by 35/2005 s 6\nPt 3 Div 3\ndeleted by 52/2012 Sch 3 cl 4\nPt 3 Div 4\n\ns 24 before substitution by 66/2009\n\ns 24(1)\namended by 64/1999 s 5(i)\ns 24(2)\nsubstituted by 35/2005 s 7(1)\ns 24(3)\ns 24(4)\n\namended by 35/2005 s 7(2)\ns 24(5) and (6)\ns 24(7)\n\nsubstituted by 35/2005 s 7(3)\ns 24(8)\ninserted by 64/1999 s 5(j)\ns 24(9)\ninserted by 64/1999 s 5(j)\n\nsubstituted by 35/2005 s 7(4)\ns 24\nsubstituted by 66/2009 s 5\n14.1.2010\ns 24(1)\namended by 26/2021 s 194(1)\ns 24(8)\namended by 31/2015 Sch 1 cl 1(1)\ns 24(9)\namended by 31/2015 Sch 1 cl 1(2)\n\namended by 26/2021 s 194(2)\ns 24(11)\namended by 31/2015 Sch 1 cl 1(3)\ns 24(12a)\ninserted by 63/2025 s 41\ns 24(13)\namended by 26/2021 s 194(3)\ns 24(13a)\ninserted by 26/2021 s 194(4)\ns 25\nsubstituted by 64/1999 s 5(k)\ns 25(1)\namended by 63/2025 s 42(1)\ns 25(3)\ninserted by 63/2025 s 42(2)\nPt 3 Div 5\n\ns 27\namended by 64/1999 s 5(l)\n\namended by 26/2021 s 195\n30.11.2023\nPt 3 Div 6\n\ns 29\namended by 64/1999 s 5(m)\ns 30\n\ns 30(2)\namended by 5/2017 s 18\n19.3.2021\ns 31\ndeleted by 39/1999 Sch cl 2\n1.12.1999\ns 32 before deletion by 60/2005\n\ns 32(1)\namended by 64/1999 s 5(n)\ns 32(2)\namended by 64/1999 s 5(o)—(q)\ns 32(4)\namended by 64/1999 s 5(r)\ns 32\ndeleted by 60/2005 Sch 1 cl 1\ns 33 before deletion by 60/2005\n\ns 33(1)\namended by 64/1999 s 5(s)\ns 33(4)\namended by 64/1999 s 5(t)\ns 33\ndeleted by 60/2005 Sch 1 cl 1\ns 34\n\ns 34(1)\namended by 64/1999 s 5(u)\ns 34(2)\namended by 64/1999 s 5(v)\n\namended by 60/2005 Sch 1 cl 2(1)\ns 34(3)\namended by 60/2005 Sch 1 cl 2(2)\nPt 3 Div 7 before deletion by 52/2012\n\ns 35\n\ns 35(1)\ndeleted by 64/1999 s 5(w)\ns 35(2)\namended by 64/1999 s 5(x)\ns 37\n\ns 37(1)\namended by 64/1999 s 5(y)\ns 37(2)\namended by 64/1999 s 5(z)\nPt 3 Div 7\ndeleted by 52/2012 Sch 3 cl 5\nPt 4\n\ns 37A\ninserted by 38/1999 s 3\n25.11.1999\ns 37A(10)\namended by 50/2009 Sch 1 cl 2\ns 37B\ninserted by 64/1999 s 5(za)\ns 37C\ninserted by 64/1999 s 5(za)\n\nsubstituted by 69/2005 Sch 1 cl 2\ns 38\n\ns 38(3)\ninserted by 63/2025 s 43\ns 39 before deletion by 35/2005\n\ns 39(2)\namended by 64/1999 s 5(zb)\ns 39\ndeleted by 35/2005 s 8\nSch 1\n\nPt 1\nsubstituted by 35/2005 s 9(1)\n\nsubstituted by 50/2009 Sch 1 cl 3(1)\nPt 2 before deletion by 35/2005\n\ncl 3\ndeleted by 64/1999 s 5(zc)\ncl 4\namended by 64/1999 s 5(zd), (ze)\nPt 2\n\ninserted by 6/2006 s 4\n\nexpired: 6/2006 s 5—omitted under Legislation Revision and Publication Act 2002\n(10.11.2007)\nPt 2\ninserted by 50/2009 Sch 1 cl 3(1)\ncl 2\n\ncl 2(1)\n(a)(ii) deleted by 63/2025 s 44(1)\n\namended by 63/2025 s 44(2)—(4)\ncl 2(4)\ndeleted by 63/2025 s 44(5)\ncl 3\n\ncl 3(2)\namended by 26/2021 s 196(1)\ncl 3(2a)\ninserted by 26/2021 s 196(2)\ncl 3(10)\namended by 26/2021 s 196(3)\ncl 3(13)\namended by 26/2021 s 196(4)\ncl 3(13a)\ninserted by 26/2021 s 196(5)\ncl 3(15)\namended by 26/2021 s 196(6)\n\nsubstituted by 63/2025 s 44(6)\ncl 3(20)\ninserted by 26/2021 s 196(7)\ncl 3A\ncl 3B\ncl 3B(1)\namended by 63/2025 s 44(7)—(9)\ncl 3B(3)\namended by 63/2025 s 44(10)\ncl 3C\ncl 3D\ninserted by 63/2025 s 44(11)\nPt 3 before deletion by 35/2005\n\ncl 5\n\ncl 5(3) and (4)\nsubstituted by 64/1999 s 5(zf)\ncl 5(5)\ninserted by 64/1999 s 5(zf)\ncl 6\nsubstituted by 64/1999 s 5(zg)\nPt 3\nPt 3\ninserted by 50/2009 Sch 1 cl 3(1)\ncl 4\n\ncl 4(3)\nsubstituted by 26/2021 s 196(9)\ncl 4(4) and (5)\ndeleted by 26/2021 s 196(9)\ncl 4(8)\namended by 63/2025 s 44(12)\ncl 5\n\ncl 5(1)\namended by 26/2021 s 196(10)\ncl 5(3)\namended by 63/2025 s 44(13)\ncl 5(5)\ndeleted by 26/2021 s 196(11)\nPt 4 before deletion by 35/2005\n\ncl 7\n\ncl 7(8)\nsubstituted by 64/1999 s 5(zh)\ncl 7(9)\namended by 64/1999 s 5(zi)\ncl 7(10)\nsubstituted by 64/1999 s 5(zj)\ncl 7(11)\ninserted by 64/1999 s 5(zk)\ncl 8\n\ncl 8(1)\nsubstituted by 64/1999 s 5(zl)\ncl 8(2)\namended by 64/1999 s 5(zm)\ncl 8(3)\ninserted by 64/1999 s 5(zn)\ncl 9\n\ncl 9(4)\ninserted by 64/1999 s 5(zo)\nPt 4\nPt 5 before deletion by 35/2005\n\ncl 12\n\ncl 12(1)\namended by 64/1999 s 5(zp)\ncl 12(2)\namended by 64/1999 s 5(zq)\ncl 12(3)—(6)\nsubstituted by 64/1999 s 5(zr)\ncl 12(8)\namended by 64/1999 s 5(zs)\ncl 12(9)\namended by 64/1999 s 5(zt), (zu)\ncl 12(10) and (11)\nsubstituted by 64/1999 s 5(zv)\ncl 14\n\ncl 14(3)\namended by 64/1999 s 5(zw)\ncl 15\namended by 64/1999 s 5(zx)\nPt 5\nPt 6\nPt 7\n\nheading\nsubstituted by 50/2009 Sch 1 cl 3(2)\ncl 18\ninserted by 50/2009 Sch 1 cl 3(3)\ncl 18(1)\nsubstituted by 26/2021 s 196(12)\n\namended by 63/2025 s 44(14)\ncl 18(1a)\ninserted by 26/2021 s 196(12)\ncl 18(4)\nsubstituted by 26/2021 s 196(13)\ncl 18(7)\namended by 26/2021 s 196(14)\ncl 19\n\ncl 19(1)\ndeleted by 35/2005 s 9(2)\ncl 19(2)\namended by 26/2021 s 196(15)\n\n(a)(iv) deleted by 26/2021 s 196(16)\n\namended by 63/2025 s 44(15)\ncl 20\ndeleted by 64/1999 s 5(zy)\ncl 21 before deletion by 35/2005\n\ncl 21(3)\namended by 64/1999 s 5(zz)\ncl 21\ndeleted by 35/2005 s 9(3)\nPt 8\n\ncl 22\n\nregistered industrial organisation\ndeleted by 26/2021 s 196(17)\ncl 22(1)\ncl 22 redesignated as cl 22(1) by 63/2025 s 44(16)\ncl 22(2)\ninserted by 63/2025 s 44(16)\ncl 23 before substitution by 26/2021\n\ncl 23(1)\namended by 50/2009 Sch 1 cl 3(4)\ncl 23\nsubstituted by 26/2021 s 196(18)\n\ncl 24 before substitution by 63/2025\n\ncl 24(1)\namended by 26/2021 s 196(19), (20)\ncl 24(2)\namended by 26/2021 s 196(21)\ncl 24(3)\namended by 50/2009 Sch 1 cl 3(5)—(7)\n\n(b) deleted by 50/2009 Sch 1 cl 3(8)\n\ndeleted by 26/2021 s 196(22)\ncl 24\ncll 24A and 24B\ninserted by 26/2021 s 196(23)\n\ncl 25\n\ncl 25(2)\namended by 50/2009 Sch 1 cl 3(9)\ncl 26\n\ncl 26(3)\namended by 26/2021 s 196(24)\ncl 27\namended by 26/2021 s 196(25)\ncl 28\n\ncl 28(1)\namended by 26/2021 s 196(26)\ncl 28(2)\namended by 26/2021 s 196(27)\ncl 28(3)\namended by 26/2021 s 196(28)\ncl 30\n\ncl 30(1)\namended by 26/2021 s 196(29)\n\namended by 63/2025 s 44(18), (19)\ncl 30(2a)\ninserted by 63/2025 s 44(20)\ncl 30(3)\n\nnote\ndeleted by 63/2025 s 44(21)\ncl 31\n\ncl 31(1)\nsubstituted by 26/2021 s 196(30)\ncl 31(2)\nsubstituted by 26/2021 s 196(30)\n\nsubstituted by 63/2025 s 44(22)\ncl 31(3) and (4)\ndeleted by 26/2021 s 196(30)\ncl 31(5)\ninserted by 64/1999 s 5(zza)\n\namended by 50/2009 Sch 1 cl 3(10)\n\namended by 26/2021 s 196(31)\ncl 33\n\ncl 33(2)\namended by 64/1999 s 5(zzb)\n\namended by 50/2009 Sch 1 cl 3(11)\n\namended by 26/2021 s 196(32)\nSch 2 before deletion by 52/2012\n\ncl 1\n\ncl 1(1)\n\ndomestic partner\ninserted by 43/2006 s 41(1)\nfamily\namended by 43/2006 s 41(2)\nfinancial benefit\namended by 64/1999 s 5(zzc)\nspouse\nsubstituted by 43/2006 s 41(3)\nSch 2\ndeleted by 52/2012 Sch 3 cl 6\nTransitional etc provisions associated with Act or amendments\nCity of Adelaide (Rundle Mall) Amendment Act 1999\n4—Repeal of Rundle Street Mall Act 1975\n\t(2)\tA notice or permit in force under the Rundle Street Mall Act 1975 immediately before the commencement of this section will continue and have effect as if published or given under section 37A of the principal Act (as enacted by this Act).\n\t(3)\tA by-law in force under the Rundle Street Mall Act 1975 immediately before the commencement of this section will continue in force as if made under section 37A of the principal Act (as enacted by this Act).\n\t(4)\tThe repeal of the Rundle Street Mall Act 1975 does not affect the operation or recovery of a special rate declared under section 9 of that Act before the commencement of this section.\n\t(5)\tAny asset or liability of the Rundle Mall Committee immediately before the repeal of the Rundle Street Mall Act 1975 vests in The Corporation of the City of Adelaide.\nStatutes Amendment (Local Government Elections) Act 2005, Sch 1—Transitional provisions\n1—Interpretation\nIn this Schedule—\n2006 periodic elections means the periodic elections to determine the membership of councils to be held in 2006 according to section 5 of the Local Government (Elections) Act 1999, as substituted by this Act.\n2—Term of office\nA member of a council—\n\t(a)\tholding office immediately before the commencement of this clause; or\n\t(b)\telected or appointed after the commencement of this clause and before the close of nominations for the 2006 periodic elections,\nmay, subject to the provisions of the Local Government Act 1999, the Local Government (Elections) Act 1999 or the City of Adelaide Act 1998 (as the case requires), continue to hold his or her office until the conclusion of the 2006 periodic elections for the relevant office.\n3—Allowances\n\t(1)\tA council may—\n\t(a)\treview the allowances to be payable to its members under section 24 of the City of Adelaide Act 1998 or section 76 of the Local Government Act 1999 (as the case requires) to take into account any relevant provision made by regulation on account of the enactment of this Act;\n\t(b)\tas may be required, fix or apply allowances for any period up to the conclusion of the 2006 periodic election.\n\t(2)\tAn allowance under subclause (1) must be recorded in the Register of Allowances and Benefits for the relevant council.\n4—Training and development policy\nA council is not required to have a training and development policy under section 80A of the Local Government Act 1999 until 1 July 2006.\n5—Rolls and electoral processes\n\t(1)\tThe chief executive officer of a council cannot rely on subsection (8) of section 14 of the Local Government (Elections) Act 1999 (as enacted by this Act) with respect to an entry on a voters roll at the time of the commencement of this subclause unless—\n\t(a)\tthe chief executive officer has sent a notice addressed to the relevant person at the rateable property advising the person about the operation of that section and the entitlements that apply with respect to the enrolment of residents; and\n\t(b)\tthe chief executive officer receives no reply within 28 days of the notice (or receives a reply within that period but the reply does not establish, to the satisfaction of the chief executive officer, that the person is an occupier within the ambit of section 14(1)(a)(iv) or (c)(iv) of the Local Government (Elections) Act 1999).\n\t(2)\tTo avoid doubt—\n\t(a)\tany roll prepared under Schedule 1 of the City of Adelaide Act 1998 will, until revised, have effect under the Local Government (Elections) Act 1999; and\n\t(b)\tany application or other process made, commenced or dealt with under the City of Adelaide Act 1998 will (if relevant) have effect for the purposes of the Local Government (Elections) Act 1999.\n6—Review of council structures\n\t(1)\tIf a council has, before the commencement of this clause, commenced a review under section 12 of the Local Government Act 1999 by the publication of a notice under subsection (5) of that section (as in existence before the amendment of that section by this Act), the council may continue with the process as set out in that section as if it had not been amended until an appropriate certificate is obtained from the Electoral Commissioner under that section.\n\t(2)\tHowever, if—\n\t(a)\ta proposal within the ambit of subclause (1) proposes that the composition of the relevant council be altered so that—\n\t(i)\tthe council will have a chairperson rather than a mayor; or\n\t(ii)\tthe council will have a mayor rather than a chairperson; and\n\t(b)\tthe council has not, before the commencement of this clause, referred its report on the proposal to the Electoral Commissioner under section 12(12) of the Local Government Act 1999,\nthe proposal cannot proceed unless or until it is approved at a poll in the manner contemplated by section 12(11c) and (11d) of the Local Government Act 1999 as enacted by this Act.\n\t(3)\tA proposal within the ambit of subclause (1) will then take effect in accordance with section 12(11b) and (18) of the Local Government Act 1999 as enacted by this Act.\n7—Change to principal member\n\t(1)\tIn addition to the operation of clause 6, if, at the time of the commencement of this clause—\n\t(a)\t—\n\t(i)\ta council is undertaking a review of its composition under section 12 of the Local Government Act 1999 and has referred its report on its proposal or proposals to the Electoral Commissioner under subsection (12) of that section; and\n\t(ii)\ta proposal is that the composition of the council be altered so that—\n\t(A)\tthe council will have a chairperson rather than a mayor; or\n\t(B)\tthe council will have a mayor rather than a chairperson; or\n\t(i)\ta council has completed a review under section 12 of the Local Government Act 1999; and\n\t(ii)\ta proposal arising from the review is that the composition of the council be altered so that—\n\t(A)\tthe council will have a chairperson rather than a mayor; or\n\t(B)\tthe council will have a mayor rather than a chairperson; and\n\t(iii)\tthe composition of the council is to be altered as from the next general election of members of the council,\nthen despite the operation of section 12 of the Local Government Act 1999 (and anything that would otherwise take effect if it were not for the operation of this provision), the proposal cannot take effect unless or until it is approved at a poll of electors for the relevant area as if it were a proposal within the ambit of clause 6(2) (and accordingly subject to the requirements of section 12(11c) and (11d) of the Local Government Act 1999 as enacted by this Act).\n\t(2)\tA proposal that is approved under subclause (1) will then have effect in accordance with a determination of the Electoral Commissioner under this clause.\n8—Special provision—LGFA\n\t(1)\tIn this clause—\nrepresentative member of the LGFA Board means a representative member of the Board of the Local Government Finance Authority of South Australia.\n\t(2)\tThe Governor may, by proclamation—\n\t(a)\textend the term of office of a person who, immediately before the date of the proclamation, is a representative member of the LGFA Board to a date fixed by the proclamation;\n\t(b)\tfix the term of office of a person who is to be elected or appointed (including by virtue of being re-elected or re-appointed) as a representative member of the LGFA Board to fill an office that will become vacant on the date fixed under paragraph (a).\n\t(3)\tA proclamation under this clause has effect despite section 8(1) of the Local Government Finance Authority Act 1983.\n9—Other provisions\n\t(1)\tThe Governor may, by regulation, make additional provisions of a saving or transitional nature consequent on the enactment of this Act.\n\t(2)\tA provision of a regulation made under subclause (1) may, if the regulation so provides, take effect from the commencement of this Act or from a later day.\n\t(3)\tTo the extent to which a provision takes effect under subclause (2) from a day earlier than the day of the regulation's publication in the Gazette, the provision does not operate to the disadvantage of a person by—\n\t(a)\tdecreasing the person's rights; or\n\t(b)\timposing liabilities on the person.\n\t(4)\tThe Acts Interpretation Act 1915 will, except to the extent of any inconsistency with the provisions of this Schedule (or regulations made under this clause), apply to any amendment or repeal effected by this Act.\nCity of Adelaide (Representation Review) Amendment Act 2006\n5—Expiry of certain provisions\nThe following provisions of the City of Adelaide Act 1998 will expire on 10 November 2007:\n\t(a)\tsubsection (5) of section 20;\n\t(b)\tPart 2 of Schedule 1.\nIndependent Commissioner Against Corruption Act 2012, Sch 3\n7—Transitional provision\nFollowing the repeal of Part 3 Division 7 of the City of Adelaide Act 1998 by clause 5—\n\t(a)\tthe Register of Interests maintained by the chief executive officer of Adelaide City Council under that Division will be taken to be the Register of Interests the chief executive officer is required to maintain under section 68 of the Local Government Act 1999; and\n\t(b)\tthe information entered into that Register before the repeal will be taken to have been furnished in a return submitted pursuant to Chapter 5 Part 4 Division 2 and Schedule 3 of the Local Government Act 1999.\nHistorical versions\nReprint No 1—1.12.1999\n\nReprint No 2—1.1.2000\n\n1.1.2006 (electronic only)\n\n14.1.2010\n\n19.3.2021\n\n30.11.2023\n\n","sortOrder":12}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not retrievable. No content was available to compare against original intent. This field reflects a null finding, not a substantive conclusion."},"complexity_factors":["No legislative text was successfully retrieved — the source URL returned a 404-style 'Page Not Found' error","Unable to assess actual provisions, schedules, cross-references, or amendments","Complexity score is nominal only and cannot reflect true legislative complexity without access to the Act's content","Website migration (March 2026) appears to have broken legacy hyperlinks to SA legislation"],"plain_english_summary":"## ⚠️ Content Unavailable\n\nThe legislation text for the **City of Adelaide Act 1998 (SA)** could not be retrieved. The link provided returned a **'Page Not Found'** error from the South Australian legislation website, likely due to a broken or outdated URL following a website update in March 2026.\n\n**What we do know about this Act generally:**\nThe City of Adelaide Act 1998 is a South Australian law that governs the administration and operations of the Adelaide City Council — the local government body responsible for managing Australia's 'square mile' CBD and the surrounding parklands. It sets out the Council's specific powers, obligations, and structure, supplementing the broader *Local Government Act 1999 (SA)*.\n\n**Who it affects:** Adelaide City Council, ratepayers, businesses, and residents within the Adelaide CBD and surrounding areas.\n\n> ⚠️ **Important:** This summary is based on general knowledge of the Act, not the actual retrieved text. For accurate and current information, visit [legislation.sa.gov.au](https://www.legislation.sa.gov.au) directly and search for the Act by name."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act's core purpose—establishing the Capital City Committee and special governance arrangements for the Adelaide City Council—remains, but the operational scope has been altered by subsequent amendments recorded in the legislative history. Examples in the source text include additions to the electoral provisions (Schedule 1 changes such as insertion of default person and eligible person definitions by 26/2021 and further substitutions by 63/2025 affecting clls 2, 3 and related provisions), insertion of Rundle Mall provisions (s 37A inserted by 38/1999), amendments to allowances and payment procedures (s 24 amendments and new withholding option inserted by 63/2025 s 41), and additions to regulation/transitional powers (s 38(3) inserted by 63/2025). These amendments have expanded and refined who may be enrolled and vote (natural persons, bodies corporate and groups), the administration of postal voting and scrutiny, the gift and campaign disclosure regime, and the allocation of administrative costs (e.g. s 14(3), s 24(13)–(13a)). The legislative history in the source lists multiple later Acts and dates that adjust operative details and commencement timing, demonstrating that the Act’s technical scope and administrative burdens have evolved since the original enactment."},"complexity_factors":["Cross-references to the Local Government Act 1999 and Local Government (Elections) Act 1999 and instruction to read the Acts together with this Act (s 5)","Detailed, technical electoral rules in Schedule 1 covering natural persons, bodies corporate and groups, nomination and default nomination procedures, postal voting and scrutiny (Schedule 1 clls 2–3D, 18–19)","Multiple layers of governance: Capital City Committee formation, delegation, subcommittees, Forum, and shared staffing/cost arrangements (ss 6–15, s 14(3))","Statutory exemptions from Freedom of Information and exclusion from Parliamentary Committees Act oversight for Committee material (s 18–19)","Extensive campaign disclosure, returns, record-keeping and publication rules with criminal and civil penalties (Schedule 1 Part 8 clls 23–34)","Interlocking duties and powers for State ministers, the Premier, the Lord Mayor, the chief executive officer and the returning officer creating multiple administrative decision points (ss 7–9, 27, Schedule 1 clls 3–3C, 18–19)","Provisions for allowances and their determination by the Remuneration Tribunal with special cost allocation and recovery rules (s 24(1), (13)–(13a))","Numerous later amendments and transitional provisions reflected in the legislative history which change operative details and commencement dates (legislative history and reprints)"],"plain_english_summary":"### What this Act does, mechanically\n\n- Establishes an intergovernmental body called the Capital City Committee to coordinate strategic development of the City of Adelaide and requires it to prepare and monitor programs (ss 6, 10, 11). The Committee must convene a Capital City Forum drawn from City stakeholders (s 10(2)).\n- Sets the Committee's membership and appointment mechanics: Premier/Ministers and Adelaide City Council nominees, with the Premier (or their nominee) as Chair (ss 7–9). Deputies may be nominated (s 9). The Committee may delegate functions, establish subcommittees, use public or Council staff and share administrative/staffing costs equally between the State and the Adelaide City Council (s 13–15, s 14(1)–(3)).\n- Requires annual reporting by the Committee and tabling of the report in Parliament and the Council (s 16). The Premier was required to arrange a specific review by a past date (s 17).\n- Creates specific governance arrangements for the Adelaide City Council: constitution of the Council, roles and duties of the Lord Mayor, roles of councillors, chief executive officer functions and appointment powers, strategic planning expectations, and particular financial reporting obligations linked to the Capital City Development Program (ss 20–30, 27, 34).\n- Prescribes a legal regime for Rundle Mall as a pedestrian mall, including vehicle prohibitions, by‑law power, permit mechanisms and penalties (s 37A).\n- Provides FOI treatment for Committee documents (some Committee material is taken to be exempt under the Freedom of Information Act 1991) and excludes the Committee from inquiry under the Parliamentary Committees Act 1991 (s 18–19).\n- Replaces or modifies parts of the usual local government election rules for the City of Adelaide via Schedule 1: sets enrolment qualifications (including for bodies corporate and groups), how the voters roll is maintained and updated, rules for nominating a person to vote on behalf of a body corporate or group (including default nominations by the chief executive officer), postal voting procedures, and detailed disclosure and record keeping obligations for campaign gifts and expenditure (Schedule 1 clls 2–5, 3–3D, 18–19, Part 8 clls 22–34).\n\n### Who is affected\n\n- State Ministers and agencies (sit on the Capital City Committee and share costs) and the Adelaide City Council (membership of Committee, cost-sharing, reporting obligations) (ss 7, 14(3), 16, 34).\n- Council members, the Lord Mayor and the chief executive officer: the Act sets roles, allowance processes, reimbursement, facilities rules and CEO powers over staff appointments (ss 21–28, 24–26).\n- Residents, ratepayers, bodies corporate and groups with rateable property in the City of Adelaide: special enrolment and voting rules allow natural persons, bodies corporate and groups to be on the voters roll under defined conditions (Schedule 1 cl 2, cl 3, cl 3A–3C).\n- Candidates and councillors: must comply with gift and campaign expenditure disclosure regimes, record‑keeping duties and can face statutory penalties for non‑compliance (Schedule 1 Part 8 clls 23–31, 33).\n- Businesses and individuals using Rundle Mall: vehicle access restricted and regulated by Council notices/permits and by‑laws, with fines for breaches (s 37A).\n\n### Why it matters (stated purpose, then practical mechanics and trade‑offs)\n\n- The Act’s stated objects include recognising and enhancing the City's special role and providing collaborative arrangements between State and Council for strategic development (s 3). Those aims are implemented by creating the Capital City Committee that identifies strategic priorities, recommends coordinated public/private action, prepares a Capital City Development Program and monitors implementation (ss 10–11).\n\n- Who pays and where incentives lie: administrative and staffing costs of the Committee are shared equally between the State and Adelaide City Council (s 14(3)). The Remuneration Tribunal determines council allowances; the Remuneration Tribunal’s reasonable costs are paid by the LGA, which may recover those costs from the Council (s 24(13)–(13a)). Those provisions create direct budgetary impacts on the Council and the LGA and produce incentives for the Council and the State to participate in Committee work (s 14(3), s 24(13)–(13a)).\n\n- Compliance burdens and disclosure costs: candidates and councillors face recurring obligations to prepare gift and expenditure returns (Schedule 1 clls 24, 24A, 25), keep records for at least 4 years (cl 33(2)), and file by fixed deadlines with criminal and civil penalties for false or late returns (clls 29–30). These are concrete administrative costs and risks for individuals standing for or holding office.\n\n- Bureaucratic discretion and decision points: the Premier nominates Committee Ministers and the Chair (ss 7–8); the chief executive officer manages the voters roll and may nominate default persons for corporate/group votes where no nomination is supplied (Schedule 1 clls 3, 3B–3C); the Committee may make access to its documents conditional even though the Crown and Council are entitled to access (s 18(3)–(4)). Regulations about Committee proceedings require agreement between the Minister and Council before being made (s 12(3)). These are concrete allocation points for decision‑making authority.\n\n- Trade‑offs and opportunity costs to note (mechanisms, not judgments):\n  - The Act centralises an intergovernmental coordinating layer (the Committee) to promote City development (s 10). The State and Council share costs (s 14(3)), which concentrates decision-making among nominated Ministers and Council members (s 7). That concentrates both the benefits of strategic coordination and the fiscal obligations on the same public actors.\n  - The Schedule’s special electoral rules extend voting and candidacy arrangements to bodies corporate and groups via nomination and default‑nomination procedures (Schedule 1 clls 2, 3A–3C). That changes who can be on the roll and who receives postal papers (cl 18). These rules alter how voting power is allocated mechanically and create administrative tasks for the chief executive officer and returning officer (clls 3, 18).\n  - The Act creates information‑control mechanisms for Committee work by treating some Committee documents as exempt under FOI and excluding the Committee from inquiry under the Parliamentary Committees Act (s 18–19). Mechanically, that limits the statutory routes available for external scrutiny of Committee deliberations.\n  - The Rundle Mall regime gives the Council power to regulate access and levy fees/permits for mall use (s 37A), which imposes compliance obligations and potential costs on users and creates a revenue/administration task for the Council.\n\n### Concrete compliance and sanction points to watch (section cites)\n\n- Committee reporting: annual report by 31 October and tabling in Parliament and presentation to Council (s 16).\n- Cost‑sharing for Committee staff/admin: shared equally between State and Council (s 14(3)).\n- FOI exemption for Committee materials and regulated exceptions (s 18(1)–(4)).\n- Election and voters roll mechanics: enrolment qualifications and maintenance duties, including information supply from the Electoral Commissioner and closing date rules (Schedule 1 clls 2–3, cl 10). Chief executive officer may nominate default persons for bodies corporate/groups where no nomination provided (cl 3B) and must notify (cl 3C).\n- Postal voting detail: returning officer issues postal papers and examines declarations; some classes (bodies corporate/groups) only get papers if a nominated/default person exists (cl 18, cl 19).\n- Campaign disclosure and records: candidate returns for gifts/expenditure, public posting of returns, record keeping for 4 years, penalties up to $10,000 for false statements or failing to lodge (Part 8 clls 23–34, especially clls 24A, 25, 29–31, 33).\n- Rundle Mall offences and penalties (s 37A).\n\n### Net effect in mechanical terms\n\nThe Act creates a formal intergovernmental coordination structure (the Capital City Committee) with shared staffing costs and specific reporting, gives the Adelaide City Council specialized governance and financial reporting rules linked to capital city development, sets bespoke electoral rules for the City (including corporate and group voting mechanics), prescribes campaign disclosure and record obligations with penalties, and puts specific operational controls on Rundle Mall. Those are the concrete mechanisms by which the Act implements its stated objects (s 3)."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":2547},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond its original 1998 focus on establishing the Capital City Committee and enhancing the Council's strategic role. Subsequent amendments have incorporated detailed micro-management of electoral processes (including the novel 'default person' corporate voting system added in 2021/2025), a comprehensive campaign finance disclosure regime (Part 8), specific property management powers for Rundle Mall (s 37A), and detailed CEO risk management mandates. These additions have transformed the Act from a high-level governance framework into a detailed electoral and administrative code that duplicates and modifies much of the general local government legislation specifically for Adelaide."},"complexity_factors":["Legislative integration: Must be read as a single Act with the Local Government Act 1999 and Local Government (Elections) Act 1999, with explicit override provisions (s 5)","Multi-layered electoral enrolment: Schedule 1 Part 2 creates four distinct voter categories (residents, sole ratepayers, body corporates, groups) with cascading nomination requirements and 'default person' appointment mechanics if nominations fail","Dual interpretation sections: Defined terms appear in both s 4 (general) and Schedule 1 clauses 1 and 22 (election-specific), with 15+ specialised definitions including 'disposition of property' and 'electoral material'","Nested conditional logic: Campaign donation disclosure (Part 8) distinguishes between 'special disclosure period' and 'disclosure period' gifts, with different thresholds ($500) and timing rules","Extensive amendment history: 20+ amending Acts since 1998 have created complex transitional provisions, expired sections (e.g., former Schedule 2), and substituted clauses (e.g., s 24 allowances provisions completely rewritten multiple times)","Mechanical voting procedures: Detailed postal voting protocols (clauses 18-19) including specific envelope declaration requirements and scrutiny rules that differ from standard in-person voting"],"plain_english_summary":"**What this Act does:**\n\nThis legislation creates a unique governance system for the City of Adelaide, recognising its status as South Australia’s capital. It operates alongside (and overrides where inconsistent) the general Local Government Act.\n\n**Key elements:**\n\n*   **Capital City Committee:** Establishes a joint State-Council body comprising the Premier (or Ministers) and the Lord Mayor (or Councillors) to coordinate major strategic development, economic growth, and planning for the city centre.\n*   **Special Council Governance:** Sets specific rules for the Adelaide City Council, including:\n    *   A detailed leadership role for the **Lord Mayor** (separate from standard mayoral functions).\n    *   Member **allowances** set by the independent Remuneration Tribunal every four years.\n    *   Specific duties for the **Chief Executive Officer**, including risk management and maintaining the Council’s role as capital city.\n*   **Rundle Mall:** Specifically designates Rundle Mall as a pedestrian mall with its own traffic and by-law-making powers (including penalties up to $750).\n*   **Election Rules (Schedule 1):** Contains extensive modifications to standard local government elections:\n    *   **Non-resident voting:** Allows property owners, businesses (body corporates), and groups of owners who are not residents to vote, provided they nominate an eligible person (\"nominated person\") to cast their vote.\n    *   **Default persons:** If a business fails to nominate a voter, the Council’s chief executive must appoint a \"default person\" (alphabetically from company officers) to vote on their behalf.\n    *   **Mandatory postal voting:** All enrolled voters receive postal voting papers automatically.\n    *   **Campaign finance disclosure:** Requires candidates to publicly disclose donations over $500 and campaign expenditure, with criminal penalties ($10,000) for false returns or failures to disclose.\n\n**Who it affects:**\n\n*   Residents and ratepayers of the City of Adelaide.\n*   Businesses and property owners in the city (who get special voting rights).\n*   Candidates for Adelaide City Council elections (subject to donation rules).\n*   The State Government (Premier and Ministers) who sit on the Capital City Committee.\n\n**Why it matters:**\n\nThe Act recognises that Adelaide’s city centre is not just a local council area but the state’s capital, requiring coordination between State and local government. It also maintains a unique electoral system where commercial property interests have formal representation through the \"nominated person\" and \"default person\" voting mechanisms, and it tightly regulates campaign financing to ensure transparency in council elections."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/city-of-adelaide-act-1998","history":"/api/acts/city-of-adelaide-act-1998/history","analysis":"/api/acts/city-of-adelaide-act-1998/analysis","conflicts":"/api/acts/city-of-adelaide-act-1998/conflicts","importantCases":"/api/acts/city-of-adelaide-act-1998/important-cases","documents":"/api/acts/city-of-adelaide-act-1998/documents"}}