{"id":"local-government-implementation-act-1999","name":"Local Government (Implementation) Act 1999","slug":"local-government-implementation-act-1999","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105845,"registerId":"sa-local-government-implementation-act-1999-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Local Government (Implementation) Act 1999","content":"South Australia\nLocal Government (Implementation) Act 1999\nAn Act to provide for the implementation of new legislation relating to the system of local government in the State by the repeal or amendment of certain legislation and the enactment of transitional provisions; and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tInterpretation\nPart 4—Transitional provisions\n12\tConstitution of councils\n13\tStructural proposals\n14\tDefaulting councils\n15\tDelegations\n16\tRegisters and codes\n17\tAllowances\n18\tStaff\n19\tElections\n20\tInvestments\n21\tAuditors\n22\tAssessment book\n23\tRates\n24\tSingle council controlling authorities\n25\tRegional controlling authorities\n26\tReferences to controlling authorities\n27\tWater reserves\n28\tEvidence of proclamations\n29\tEvidence of appointments and elections\n30\tEvidence of resolutions etc\n31\tEvidence of making of a rate\n32\tEvidence of assessment record\n33\tEvidence of constitution of council, appointment of officers etc\n34\tLocal government land\n35\tBy-laws\n36\tContracts and tenders policy\n37\tPublic consultation policies\n38\tCode of conduct—members\n39\tCode of conduct—employees\n40\tStrategic management plans\n41\tAnnual reports\n42\tOrders\n43\tGrievance procedures\n44\tReviews initiated by Minister\nPart 5—Other matters\n45\tGeneral provisions\n46\tFurther repeal—Local Government Act 1934\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Local Government (Implementation) Act 1999.\n3—Interpretation\nIn this Act—\n1934 Act means the Local Government Act 1934;\n1999 Act means the Local Government Act 1999;\n1999 Electoral Act means the Local Government (Elections) Act 1999;\ngeneral election means a general election within the meaning of the 1999 Act;\nrelevant day means a day appointed by proclamation as the relevant day for the purposes of the provision in which the term is used.\nPart 4—Transitional provisions\n12—Constitution of councils\n\t(1)\tAll councils, council committees, areas and wards in existence immediately before the relevant day continue under the 1999 Act (and, for the purposes of that or any other Act, will be taken to have been constituted under that Act).\n\t(2)\tAll persons (other than returning officers) holding office under or by virtue of the provisions of the 1934 Act immediately before the relevant day continue to hold office under the 1999 Act or the 1999 Electoral Act (as appropriate).\n\t(3)\tA person holding the office of alderman under the 1934 Act immediately before the relevant day will be taken to be a councillor appointed or elected as a representative of the area as a whole for the relevant council under the 1999 Act and may continue to use the title of \"alderman\" until the conclusion of the general election for the council to be held in May 2000.\n\t(4)\tSection 54(1)(e) of the 1999 Act does not apply to a member of a council holding office immediately before the relevant day until the conclusion of the general election for the Council to be held in May 2000.\n\t(5)\tA reference in another Act to an authorised person as defined in the Local Government Act 1999 will, until the relevant day, be taken to include a reference to an authorised person as defined in the Local Government Act 1934.\n13—Structural proposals\n\t(1)\tA proceeding or review commenced under Part 2 of the 1934 Act that has not been finally determined at the relevant day may be continued and completed under the 1934 Act as if this Act had not been enacted.\n\t(2)\tThe validity of a notice published by a council pursuant to Division 11 of Part 2 of the 1934 Act on the basis of a certificate of the Electoral Commissioner under section 24(11) of that Act cannot be called into question.\n\t(3)\tA council cannot be required to undertake a review of its composition and ward structure under section 12(24) of the 1999 Act by virtue only of the fact that a variation in representation levels has occurred as a result of the enactment of the 1999 Electoral Act1.\nNote—\n1\tThis provision does not affect the powers of the Electoral Commissioner under section 12(4) of the 1999 Act.\n14—Defaulting councils\nIf immediately before the relevant day a proclamation is in force under Division 13 of Part 2 of the 1934 Act declaring a council to be a defaulting council, section 273 of the 1999 Act will apply to the council from the relevant day as if the proclamation had been made under that section.\n15—Delegations\nA delegation of a council in operation under the 1934 Act immediately before the relevant day will continue in operation under or for the purposes of the 1999 Act or the 1999 Electoral Act (as the case may require).\n16—Registers and codes\n\t(1)\tSubject to subsection (2), any register or code of conduct or practice in force under the 1934 Act immediately before the relevant day may, to the extent that a corresponding register or code is required under the 1999 Act, be taken to have been made under the 1999 Act (but may still be used for the purposes of the 1934 Act, if required).\n\t(2)\tFor the purposes of Chapter 5 Part 4 Division 2 of the 1999 Act—\n\t(a)\tany person elected as a member of a council at the general election to be held in May 2000 (including a person who was a member of the council before that election) must, within six weeks after election, submit to the chief executive officer a primary return under that Division; and\n\t(b)\ta member of the public is not entitled to inspect the Register under that Division until six weeks after the general election to be held in May 2000.\n17—Allowances\n\t(1)\tA council may, at any time after the commencement of Part 5 of Chapter 5 of the 1999 Act, fix the annual allowances to be payable to council members according to the rates under that Part notwithstanding—\n\t(a)\tthat the council is acting at a meeting that does not fall within the ambit of section 76(2) of the 1999 Act; and\n\t(b)\tthat the annual allowances being paid to council members are not otherwise due to be reviewed.\n\t(2)\tHowever—\n\t(a)\tan annual allowance fixed under subsection (1) for the principal member of a council cannot be less than the annual allowance payable to the member under the 1934 Act immediately before the relevant day (and if the regulations under the 1999 Act prescribe a lesser amount as the maximum allowance payable under section 76(2) of the 1999 Act, the regulations will not apply to the extent necessary to ensure compliance with this paragraph); and\n\t(b)\tthe council must still proceed to fix rates of annual allowances under section 76(2) of the 1999 Act with respect to the period commencing at the conclusion of the periodic election to be held in May 2000 (and at that time the power to fix allowances under subsection (1) will expire).\n\t(3)\tA council may, in fixing an allowance under subsection (1), determine that any increase in an allowance will be back-dated to 1 July 1999.\n\t(4)\tA regulation made for the purposes of Part 5 of Chapter 5 of the 1999 Act before the periodic election to be held in May 2000 may be brought into operation on 1 July 1999 even if that date is earlier than the date of its publication in the Gazette.\n\t(5)\tUnless or until a council fixes allowances under subsection (1), the allowances payable to members of the council under the 1934 Act immediately before the relevant day will continue as if they had been fixed under the 1999 Act (and will then be fixed or reviewed under the provisions of the 1999 Act).\n\t(6)\tSubsection (3) of section 76 of the 1999 Act, insofar as it relates to the fixing of allowances at the first ordinary meeting of a council at the conclusion of the periodic election to be held in May 2000, operates subject to the qualification that any amount fixed at that meeting for the ensuing period of 12 months must not exceed the maximum allowance prescribed by the regulations for the purposes of that section.\n18—Staff\nAny process or proceeding commenced under Part 6 of the 1934 Act that has not been finally determined at the relevant day may be continued and completed as if the 1999 Act and this Act had not been enacted.\n19—Elections\n\t(1)\tAll voters rolls for areas or wards in force under the 1934 Act immediately before the relevant day will, until revised, continue in force under the 1999 Electoral Act.\n\t(2)\tAn application for enrolment made under Part 7 of the 1934 Act that has not been finally determined before the relevant day may be considered and determined under the 1999 Electoral Act.\n\t(3)\tIf, immediately before the relevant day, an extraordinary vacancy exists in the membership of a council and a day has not been appointed for the nomination of persons as candidates for election to that vacancy, nominations will be made and the election held under the 1999 Electoral Act as if the vacancy occurred on the relevant day.\n\t(4)\tIf, immediately before the relevant day, an extraordinary vacancy exists in the membership of a council and a day has been appointed under the 1934 Act for the nomination of persons as candidates for election to that vacancy, nominations will be made and the election held as if the 1999 Electoral Act and this Act had not been enacted.\n\t(5)\tA proclamation under the 1934 Act that refers to an election or elections to be held on the first Saturday of May in 2000 will be taken to refer to the periodic election to be held in May 2000 under the 1999 Electoral Act.\n20—Investments\nAny investment made by a council before the relevant day is not affected by the operation of the 1999 Act.\n21—Auditors\nA person holding office as the auditor of a council immediately before the relevant day but who is not qualified to be appointed as an auditor under the 1999 Act may nevertheless continue as the auditor of the council until the completion of the audit for the financial year ending on the 30 June next following the relevant day.\n22—Assessment book\nThe assessment book under the 1934 Act will be taken on the relevant day to be the assessment record for the 1999 Act.\n23—Rates\n\t(1)\tThe enactment of this Act and the 1999 Act does not affect the declaration or operation of a rate under the 1934 Act before the relevant day.\n\t(2)\tAny process or proceeding for the recovery of a rate commenced under Part 10 of the 1934 Act that has not been finally completed at the relevant day may be continued and completed under the 1999 Act from the stage reached immediately before the relevant day.\n\t(3)\tA remission or postponement of rates granted by a council before the relevant day will continue as a remission or postponement of rates under the 1999 Act (until varied or revoked by the council).\n\t(4)\tA council must, in respect of each of the first three financial years for which the council has a rating policy under Division 7 of Part 1 of Chapter 10 of the 1999 Act, prepare and publish a report in accordance with the following requirements:\n\t(a)\tthe report must provide information on—\n\t(i)\tthe number of applications for rebates of rates under section 166(1)(h) of the 1999 Act received from retirement villages in respect of the relevant financial year; and\n\t(ii)\tthe results of those applications; and\n\t(iii)\tthe way in which the council's policy on issues of equity arising from circumstances where ratepayers provide or maintain infrastructure that might otherwise be provided or maintained by the council has been applied in relation to each application (insofar as that policy is relevant to the application); and\n\t(b)\tthe council must ensure—\n\t(i)\tthat a copy of the report is submitted to the Presiding Members of both Houses of Parliament in conjunction with the council's annual report for the relevant financial year; and\n\t(ii)\tthat copies of the report are available for inspection (without charge) and purchase (on payment of a fee fixed by the council) by the public at the principal office of the council for at least 12 months following its publication under subparagraph (i).\n\t(5)\tAn exemption from rates by proclamation made under section 168(2)(h) of the 1934 Act for the 1999/2000 financial year will continue to apply, by force of this subsection, until 30 June 2005, provided that the relevant land continues to be used (wholly or predominantly) for the purpose or purposes for which it was being used on 1 July 1999.\n24—Single council controlling authorities\n\t(1)\tSubject to subsection (2), a controlling authority established by a council under section 199 of the 1934 Act and in existence immediately before the relevant day continues as a committee of the council under the 1999 Act.\n\t(2)\tA controlling authority established by a council under section 199 of the 1934 Act in existence immediately before the relevant day and specified by the Minister by notice in the Gazette as being a controlling authority to which this subsection applies will continue as a subsidiary of the council under Part 1 of Schedule 2 of the 1999 Act (and, for the purposes of that or any other Act, will be taken to have been established under that Act).\n\t(3)\tThe following provisions apply to a subsidiary within the ambit of subsection (2):\n\t(a)\tthe rules of the controlling authority in existence immediately before the relevant day will be taken to be the charter of the subsidiary; and\n\t(b)\tany non-compliance concerning the charter of the subsidiary with Schedule 2 of the 1999 Act may be disregarded until 1 January 2002; and\n\t(c)\tthe persons constituting the membership of the controlling authority immediately before the relevant day will be taken to constitute the board of management of the subsidiary.\n25—Regional controlling authorities\n\t(1)\tA controlling authority established by two or more councils under section 200 of the 1934 Act and in existence immediately before the relevant day continues as a subsidiary of the councils under Part 2 of Schedule 2 of the 1999 Act (and, for the purposes of that or any other Act, will be taken to have been established under that Act).\n\t(2)\tThe following provisions apply to a subsidiary within the ambit of subsection (1):\n\t(a)\tthe rules of the relevant controlling authority in existence immediately before the relevant day will be taken to be the charter of the subsidiary; and\n\t(b)\tany non-compliance concerning the charter of the subsidiary with the requirements of Schedule 2 of the 1999 Act may be disregarded until 1 January 2002; and\n\t(c)\tthe persons constituting the membership of the relevant controlling authority immediately before the relevant day will be taken to constitute the board of management of the subsidiary; and\n\t(d)\tthe subsidiary is not required to have a business plan until six months after the relevant day.\n26—References to controlling authorities\nA reference in another Act to controlling authorities established under the 1934 Act will be taken to be a reference to subsidiaries established under the 1999 Act.\n27—Water reserves\nA grant of a water or other reserve made under section 452 of the 1934 Act will, from the relevant day, be taken to be a grant under section 5AA of the Crown Lands Act 1929.\n28—Evidence of proclamations\n\t(1)\tA copy of the Gazette containing a proclamation made by the Governor under the 1934 Act is conclusive evidence of the fact, terms, and validity of the proclamation, and is evidence of the facts stated, recited or assumed in the proclamation.\n\t(2)\tNo proclamation purporting to be made under the 1934 Act and within the powers conferred on the Governor under that Act is invalid on account of any non-compliance with a matter specified by that Act as preliminary to the proclamation.\n29—Evidence of appointments and elections\nA copy of the Gazette containing a notice of the election or appointment of a person under the 1934 Act, or the appointment of an officer for a specified purpose, is conclusive evidence of the election or appointment (except in proceedings to try the title of the person who has been elected or appointed).\n30—Evidence of resolutions etc\nA copy of the Gazette containing a notice that a resolution was passed or order made at a meeting of a council, or that a proposition was adopted or affirmed at a meeting or poll of electors, under the 1934 Act is conclusive evidence—\n\t(a)\tof the resolution being passed or order made, or proposition adopted or affirmed;\n\t(b)\tof the meeting being lawfully convened and the poll lawfully taken;\n\t(c)\tof any fact stated in the notice relating to the majority by which the resolution was passed or proposition adopted or affirmed, and the number and proportion of members or electors present.\n31—Evidence of making of a rate\nA copy of the Gazette containing a notice of the declaration of a rate under the 1934 Act is conclusive evidence that the rate has been duly declared (except in proceedings to quash the rate).\n32—Evidence of assessment record\nA copy of, or extract from, the assessment book kept under the 1934 Act certified by the chief executive officer as a true copy or extract is conclusive evidence that an assessment referred to in the copy or extract was duly made (except in proceedings to quash the assessment).\n33—Evidence of constitution of council, appointment of officers etc\nIt is not necessary in any legal proceedings to prove the existence or constitution of a council, the appointment of an officer of a council, or the appointment of an authorised person under the 1934 Act.\n34—Local government land\n\t(1)\tAny survey, process or other proceeding commenced under or for the purposes of Division 3 of Part 17 or section 871E of the 1934 Act that has not been finally determined at the relevant day may be continued and completed as if this Act had not be enacted.\n\t(2)\tAll land under the care, control and management of a council by virtue of the provisions of the 1934 Act immediately before the relevant day continues under the care, control and management of the council under the 1999 Act.\n\t(3)\tDespite section 193 of the 1999 Act, if—\n\t(a)\ta council had acquired land within five years before the relevant day; and\n\t(b)\tthe council is satisfied—\n\t(i)\tthat the land was acquired by the council for a specific commercial or operational purpose and was not intended to be retained for public or community use or for the provision of community facilities; and\n\t(ii)\tthat there was a reasonable opportunity for the community to make submissions to the council before the acquisition actually occurred; and\n\t(c)\tthe council resolves within six months after the relevant day that the land is to be excluded from classification as community land under the 1999 Act,\nthen the land will not be taken to be classified as community land.\n\t(4)\tA council must give notice in the Gazette of a resolution under subsection (3).\n\t(5)\tA council must, on the request of a person with an interest in the matter, provide information to substantiate the requirements of subsection (3)(b)(i) and (ii).\n\t(6)\tA lease, license, permit or other authorisation granted or given by a council over land in force under the 1934 Act continues in force under the 1999 Act.\n\t(7)\tA lease granted by The Corporation of the City of Adelaide under Part 45 of the 1934 Act may continue for its full term (and be renewed for any period that may be specified in the lease) even if the term (or period) exceeds 42 years.\n\t(8)\tA register of public streets and roads under section 312 of the 1934 Act will continue as the register of public roads under Chapter 11 Part 2 Division 10 of the 1999 Act.\n\t(9)\tAny process or proceeding commenced under Division 2A of Part 22 of the 1934 Act that has not been formally determined at the relevant day may be continued and completed as if this Act had not been enacted.\n35—By-laws\n\t(1)\tIf—\n\t(a)\ta by-law is in force under the 1934 Act immediately before the provision under which the by-law is made is struck out by or under this Act; and\n\t(b)\tprovision is made—\n\t(i)\tunder the 1999 Act or another Act; or\n\t(ii)\tby regulation under this section,\nfor—\n\t(iii)\tthe making of by-laws concerning the same or substantially the same subject-matter as the subject-matter to which the by-law relates; or\n\t(iv)\tthe preservation of the by-law,\nthen, despite any other Act or law, the by-law continues in force as if made under the 1999 Act or other Act (as the case requires or as the regulations may prescribe).\n\t(2)\tIf—\n\t(a)\tproceedings relating to the making of a by-law have been commenced but not finally completed before the provision under which the by-law is made is struck out by or under this Act; and\n\t(b)\tprovision is made—\n\t(i)\tunder the 1999 Act or another Act; or\n\t(ii)\tby regulation under this section,\nfor—\n\t(iii)\tthe making of by-laws concerning the same or substantially the same subject-matter as the subject-matter to which the by-law relates; or\n\t(iv)\tthe preservation of the by-law,\nthen, despite any other Act or law, the proceedings may be completed as if this Act had not been enacted and the by-law will, if or when it is made, have effect as if made under the 1999 Act or other Act (as the case requires or as the regulations may prescribe).\n\t(3)\tA by-law made under the 1934 Act (including by the operation of subsection (2)), and all subsequent by-laws altering that by-law, unless it has already expired or been revoked, expire on 1 January of the year following the year in which the seventh anniversary of the day on which the by-law was made falls.\n\t(4)\tFor the purposes of subsection (3), a by-law will be taken to have been made on the day on which it is published in the Gazette or, in the case of a model by-law, the day on which the notice of the resolution adopting the model by-law is published in the Gazette.\n\t(5)\tA by-law of a prescribed class may take effect from a day specified in the resolution making the by-law (which must not be earlier than the day of publication of the resolution in the Gazette) despite any other Act or law.\n36—Contracts and tenders policy\nA council is not required to adopt a contracts and tenders policy under Chapter 4 Part 4 of the 1999 Act until six months after the relevant day.\n37—Public consultation policies\nA council is not required to adopt a public consultation policy under Chapter 4 Part 5 of the 1999 Act until six months after the relevant day subject to the qualification that if a council is proposing to take action in a case where it is required by the 1999 Act to follow a public consultation policy then the council must adopt a public consultation policy under Chapter 4 Part 5 in order to comply with the 1999 Act.\n38—Code of conduct—members\nA council is not required to adopt a code of conduct under Chapter 5 Part 4 Division 1 of the 1999 Act until six months after the conclusion of the general election for the council in May 2000.\n39—Code of conduct—employees\nA council is not required to adopt a code of conduct under Chapter 7 Part 4 of the 1999 Act until 1 January 2001.\n40—Strategic management plans\nA council is not required to have strategic management plans under Chapter 8 Part 1 of the 1999 Act until 1 July 2002.\n41—Annual reports\n\t(1)\tA council is not required to have an annual report that complies with the requirements of Chapter 8 Part 4 of the 1999 Act until the annual report for the 2000/2001 financial year.\n\t(2)\tA council constituted or formed between 25 October 1994 and 1 July 1997 (inclusive) must include in its annual reports for the 1998/1999 financial year and the 1999/2000 financial year information relating to—\n\t(a)\tany savings that have been achieved during the relevant financial year on account of the constitution or formation of the council; and\n\t(b)\tany changes to the quality or extent of services delivered or provided within the relevant area on account of the constitution or formation of the council.\n42—Orders\nA council may make an order under Chapter 12 Part 2 of the 1999 Act in respect of a circumstance in existence before or after the relevant day.\n43—Grievance procedures\nA council must establish procedures under Chapter 13 Part 2 of the 1999 Act within six months after the conclusion of the general election for the council to be held in May 2000.\n44—Reviews initiated by Minister\nThe powers conferred on the Minister under Chapter 13 Part 3 of the 1999 Act may be exercised in relation to a circumstance occurring before or after the relevant day.\nPart 5—Other matters\n45—General provisions\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 subsection (1), the Governor may, by regulation, make additional provisions of a saving or transitional nature consequent on the enactment of this Act, the 1999 Act or the 1999 Electoral Act.\n\t(3)\tA provision of a regulation made under subsection (2) may, if the regulation so provides, take effect from the commencement of the Act concerned or from a later day.\n\t(4)\tTo the extent to which a provision takes effect under subsection (3) 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(5)\tThe Acts Interpretation Act 1915 will, except to the extent of any inconsistency with the provisions of this Act (or regulations made under this Act), apply to any repeal or amendment effected by this Act.\n\t(6)\tFor the purpose of the application of the Acts Interpretation Act 1915, this Act, the 1999 Act and the 1999 Electoral Act will be read together and construed as if the three Acts constituted a single Act.\n46—Further repeal—Local Government Act 1934\nThe Governor may, by proclamation—\n\t(a)\tsuspend the repeal of specified provisions of the Local Government Act 1934 which would otherwise be repealed by the operation of another provision of this Act until a subsequent day fixed in the proclamation, or until a day to be fixed by subsequent proclamation;\n\t(b)\trepeal specified provisions of the Local Government Act 1934 (in addition to the provisions repealed by this Act);\n\t(c)\tif or when satisfied that it is appropriate to do so—repeal the Local Government Act 1934.\nLegislative history\nNotes\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 Local Government (Implementation) Act 1999 repealed the following:\nKlemzig Pioneer Cemetery (Vesting) Act 1983\nPublic Parks Act 1943\nReynella Oval (Vesting) Act 1973\nLegislation amended by principal Act\nThe Local Government (Implementation) Act 1999 amended the following:\nCity of Adelaide Act 1998\nLocal Government Act 1934\nPulp and Paper Mills (Hundreds of Mayurra and Hindmarsh) Act 1964\nReal Property Act 1886\nRoads (Opening and Closing) Act 1991\nSurvey Act 1992\nWater Resources Act 1997\nPrincipal Act\nYear\nNo\nTitle\nAssent\nCommencement\n1999\n64\n Local Government (Implementation) Act 1999\n18.11.1999\n1.1.2000 (Gazette 9.12.1999 p3113) except s 12(5)—18.11.1999: s 2\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\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\n\nPt 2\nomitted under Legislation Revision and Publication Act 2002\n\nPt 3\nomitted under Legislation Revision and Publication Act 2002\n\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Unable to assess whether the scope of this legislation changed from its original intent — no legislative text was available for analysis."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 404 Page Not Found error","Cannot assess structural, interpretive, or substantive complexity without access to the actual Act","Score of 1 reflects absence of content, not simplicity of the underlying law"],"plain_english_summary":"**No legislation content could be retrieved.**\n\nThe link provided for the *Local Government (Implementation) Act 1999* (SA) returned a **'Page Not Found'** error from the South Australian legislation website. This appears to be a broken or outdated hyperlink, likely affected by a website restructure that occurred around **24 March 2026**.\n\n**What this means for you:** No analysis of the actual law can be provided because the text of the legislation was not accessible. If you need to read or understand this Act, try:\n- Visiting [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) directly and searching for the Act by name\n- Contacting the SA Office of Parliamentary Counsel at OPCWeb@sa.gov.au\n- Checking an alternative legal database such as AustLII"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose as a transitional implementation measure. While it contains detailed provisions spanning 46 sections, these all serve the singular goal of managing the statutory transition from the 1934 Act to the 1999 Act. There is no significant mission creep or expansion beyond this bridging function."},"complexity_factors":["Heavy cross-referencing between three Acts (1934 Act, 1999 Act, and 1999 Electoral Act) with defined terms requiring constant mental switching","Multiple 'relevant day' triggers (different dates for different provisions) creating conditional application","Nested temporal limitations (e.g., s.17(2)(a) has an exception to an exception regarding allowances)","Dual-track treatment of proceedings—some continue under old law, some transfer to new law, determined by specific cutoff criteria","Conversion mechanics for controlling authorities with ministerial discretion (s.24(2)) and automatic conversion defaults","Sunset clauses for by-laws (s.35(3)) with complex calculation method (7 years from Gazette publication)","Specific date references throughout (May 2000 elections, 1 January 2002, 30 June 2005) that require historical context to interpret current effect"],"plain_english_summary":"This South Australian law was designed to manage the switch from the old Local Government Act 1934 to the new Local Government Act 1999. Think of it as a 'bridge' legislation that ensures nothing falls through the cracks during the handover.\n\n**What it does:**\n- **Keeps things running:** All existing councils, councillors (who used to be called 'aldermen'), staff, and council committees automatically continue under the new system without needing to be reappointed or re-elected.\n- **Protects existing decisions:** Rates already declared, investments already made, leases already signed, and by-laws (local rules) already in force all remain valid and enforceable under the new Act.\n- **Sets transition deadlines:** Councils get breathing room to comply with new requirements. For example, they don't need new codes of conduct immediately, and have until 2002 to prepare strategic management plans.\n- **Handles unfinished business:** Legal proceedings, staff disputes, and election processes that started under the old law can be finished under the old rules, even after the new Act takes over.\n- **Converts old entities:** Special council bodies called 'controlling authorities' (which managed things like water or cemeteries) are converted into either council committees or separate 'subsidiaries' under the new system.\n- **Preserves evidence rules:** Official documents published in the Government Gazette under the old Act remain legally valid proof of appointments, elections, rates, and council decisions.\n\n**Who it affects:**\n- All 68+ local councils in South Australia\n- Councillors and council staff\n- Ratepayers and residents\n- Anyone with leases or contracts with councils\n- Special bodies like regional water authorities\n\n**Why it matters:**\nWithout this law, the switch to the 1999 Act would have created chaos—councils might have lost their legal powers overnight, existing rates could have become uncollectable, and thousands of local laws might have vanished. This Act ensures continuity of local government services while the new system beds in."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act remains within its stated implementation purpose: it provides saving and transitional provisions to carry existing arrangements under the 1934 Act into the new 1999 Acts and to phase in new requirements (Preamble; ss 12–46). It does not, on its face, expand beyond those implementation functions, though it grants executive discretion to make additional saving or transitional regulations and proclamations (s 45–46) to complete the transition."},"complexity_factors":["Extensive cross-references to multiple Acts (Local Government Act 1934; Local Government Act 1999; Local Government (Elections) Act 1999) creating interpretive interdependencies (s 3; throughout Part 4).","Many staggered transitional deadlines and varied effective dates for different obligations (e.g. allowances, codes, strategic plans, reports) (ss 17, 36–41).","Numerous savings and continuance provisions covering diverse instruments (by-laws, leases, investments, registers, proceedings) that require mapping from old to new legal status (ss 15–16, 20, 22, 34–35).","Conclusive-evidence rules for proclamations, notices and Gazette entries that alter evidentiary burdens in litigation (ss 28–33).","Discretionary executive powers for the Governor and Minister to make regulations, proclamations and to designate controlling authorities, with potential retrospective effect subject to non-disadvantage limits (ss 45–46; ss 24–25).","Specific exceptions and qualifications (e.g. allowance minimums, exclusion of certain land from community classification, temporary non-compliance tolerances) that add detailed conditional rules (ss 17(2), 34(3)–(5), 24(3)(b)–25(2)(b))."],"plain_english_summary":"What this Act does (mechanically)\n\n- The Local Government (Implementation) Act 1999 provides transitional and saving rules to move from the Local Government Act 1934 (the 1934 Act) to the Local Government Act 1999 and the Local Government (Elections) Act 1999 (together, the 1999 Acts). Its core effect is to preserve and convert existing local government arrangements, give councils time to meet new requirements, and give the Governor and Minister power to make further saving or transitional rules where necessary (see Preamble; ss 12–46). \n\n- Key mechanical effects: councils, council committees, wards and persons holding office immediately before the appointed day continue in office and are treated as if constituted under the 1999 Acts (s 12). Delegations, registers, by‑laws, leases, investments, voter rolls and many ongoing processes or proceedings started under the 1934 Act continue and are carried over (see ss 15–16, 20, 22, 34(6), 35, 19). Notices and Gazette copies relating to proclamations, appointments, elections, rates and council resolutions under the 1934 Act are made conclusive evidence in specified proceedings (ss 28–33). \n\n- The Act delays or phases in a number of new compliance requirements from the 1999 Acts so councils have time to adapt. Examples include delayed deadlines for adopting contracts and tenders policies (6 months) (s 36), public consultation policies (6 months, with a qualification) (s 37), member and employee codes of conduct (various deferred dates) (ss 38–39), strategic management plans (until 1 July 2002) (s 40), and compliance with new annual report requirements until the 2000/2001 financial year (s 41). Some transitional exceptions apply to allowances, auditors and land classification (see ss 17, 21, 34). The Governor may make regulations of a saving or transitional nature and may give them retrospective effect so long as they do not disadvantage people (s 45). The Governor may also defer or effect further repeals of the 1934 Act by proclamation (s 46).\n\nWho this affects, who decides, and what changes about behaviour\n\n- Primary actors affected: councils, council members (including persons who were aldermen immediately before the change) (s 12), council employees, auditors, controlling authorities/subsidiaries and boards, the Electoral Commissioner, the Minister and the Governor, and members of the public dealing with councils (e.g. ratepayers, leaseholders) (multiple provisions). \n\n- Decision-makers created or empowered by the Act: councils (to fix allowances, adopt policies, resolve on land classification) (ss 17, 34); the Minister (to designate which controlling authorities continue as subsidiaries and to exercise review powers) (ss 24–25, 44); the Governor (to make regulations and proclamations, and to defer repeal of the 1934 Act) (ss 45–46); the Electoral Commissioner (retained powers per notes in ss 12 and 13). \n\n- Behavioural changes required: councils can continue current practices immediately but must adopt new policies/plans by specified dates; councils must prepare and publish a three‑year series of reports about certain rate rebate applications from retirement villages (s 23(4)); councils may resolve to exclude certain recently acquired land from classification as community land following a specified process and time limit (s 34(3)–(5)). Councils and other actors face ongoing obligations or opportunities to transition existing instruments (by‑laws, leases, registrations) into the 1999 Act framework (ss 16, 35, 34(6)).\n\nWhy it matters (official purpose and how that interacts with costs and incentives)\n\n- The Act’s stated purpose is to enable implementation of the new local government legislation by repealing or amending earlier laws and creating transitional arrangements. That objective is achieved by preserving continuity (minimising immediate legal and administrative disruption) while phasing in the new obligations over time (see Preamble; ss 12–46).\n\n- Costs and who pays: administrative and compliance costs fall on councils (and indirectly on ratepayers or service users), for example when councils must adopt new policies, prepare reports (s 23(4)), institute grievance procedures (s 43) or provide information to substantiate land classification decisions (s 34(5)). Allowance increases back-dated to 1 July 1999 may impose additional immediate costs on councils if exercised (s 17(3)). Some existing small groups or individuals derive short-term advantages — e.g. aldermen may keep that title until the May 2000 election (s 12(3)), and some auditors who lack current qualifications may finish pending audits (s 21) — concentrating benefits to those groups while costs are spread among the broader council constituency. \n\n- Incentives and trade-offs: by carrying over existing instruments (by‑laws, leases, investments, voter rolls) the Act reduces legal uncertainty for businesses and residents that rely on those instruments (ss 20, 22, 34(6), 35). At the same time, phasing in new standards (codes, plans, policies) defers the regulatory burden to future periods and may postpone changes the 1999 Acts intended to produce (ss 36–41). That creates a trade-off between immediate stability and the speed of reform. \n\n- Implementation risk and bureaucratic discretion: the Act gives broad powers to the Governor to make regulations to fill gaps or extend transitional arrangements (s 45), and to the Minister to specify which single council controlling authorities become subsidiaries (s 24(2)). The Act allows non‑compliance with certain subsidiary charter requirements to be disregarded until a stated date (s 24(3)(b), s 25(2)(b)), creating temporary discretion that can produce variation in local governance arrangements. The Act also allows retrospective commencement of regulations so long as they do not disadvantage people (s 45(3)–(4)), which mitigates some legal risk but concentrates final rule-making power in the executive.\n\n- Effects on private enterprise, competition and contract freedom: the Act largely preserves existing contractual and property relationships (leases, investments, licences, by‑laws), reducing immediate disruption to businesses that deal with councils (ss 20, 34(6), 35). There is no express new regulation of markets in the Act itself; rather, the Act sets the administrative transition. Continuing by‑laws and registers may maintain local regulatory constraints on businesses until they are reviewed or expire (ss 35, 34(8)). The transitional permission for The Corporation of the City of Adelaide to continue leases exceeding 42 years preserves contractual terms previously agreed (s 34(7)).\n\n- Opportunity cost and timing effects: delaying strategic management plans until 1 July 2002 (s 40) and staging in codes, policies and reporting deadlines (ss 36–41) may postpone changes in long‑term planning, transparency and governance intended by the 1999 Acts, and defer associated costs and benefits. \n\n- Concentrated benefits and diffuse costs: specific short-term advantages (e.g. title retention, continuation of unqualified auditors) are concentrated to small groups (ss 12(3), 21), while the administrative costs of adopting new systems and preparing transitional reports fall across councils and their constituencies. \n\n- Compliance burden and concrete obligations: examples include: adopt contracts/tenders and public consultation policies within six months (ss 36–37); establish grievance procedures within six months after the May 2000 general election (s 43); prepare and publish reports about retirement village rate rebate applications for the first three relevant financial years (s 23(4)); provide information to substantiate land classification exclusions on request (s 34(5)).\n\n- Legal certainty effects: the Act creates a number of conclusive-evidence rules for proclamations, appointments, resolutions and rates (ss 28–33), which reduces the scope for certain procedural challenges and thereby lowers litigation risk tied to the transition.\n\nIn summary: the Act is an implementation tool. It carries over existing local government arrangements into the new statutory regime, delays and stages in new obligations to give councils time to adapt, preserves contractual and property relationships, and vests executive actors with regulation and proclamation powers to tidy up transitional details. These mechanics reduce immediate legal disruption and litigation risk, while shifting compliance costs and the timing of reforms onto councils (and indirectly onto ratepayers and stakeholders), and creating scope for executive discretion in how transitional measures are finalised (see ss 12–46)."},"issue_detection":{"absurdities":[],"contradictions":[]},"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/local-government-implementation-act-1999","history":"/api/acts/local-government-implementation-act-1999/history","analysis":"/api/acts/local-government-implementation-act-1999/analysis","conflicts":"/api/acts/local-government-implementation-act-1999/conflicts","importantCases":"/api/acts/local-government-implementation-act-1999/important-cases","documents":"/api/acts/local-government-implementation-act-1999/documents"}}