{"id":"south-australian-local-government-grants-commission-act-1992","name":"South Australian Local Government Grants Commission Act 1992","slug":"south-australian-local-government-grants-commission-act-1992","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110051,"registerId":"sa-south-australian-local-government-grants-commission-act-1992-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"South Australian Local Government Grants Commission Act 1992","content":"South Australia\nSouth Australian Local Government Grants Commission Act 1992\nAn Act to provide for the continued existence of the South Australian Local Government Grants Commission; to provide for the exercise and performance by it of its powers and functions; and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n4\tInterpretation\nPart 2—The Account\n5\tThe Account\n6\tAvailable moneys\n7\tPayment of amounts\nPart 3—The Commission\n8\tEstablishment of Commission\n9\tConditions of membership\n10\tRemuneration and expenses\n11\tProceedings of the Commission\n12\tValidity of acts of Commission\n13\tMisuse of confidential information\n14\tStaff\n15\tFunctions of Commission\n16\tInquiries and investigations\n17\tPrinciples to be applied by the Commission\n18\tConsideration of recommendations\nPart 4—Councils\n19\tInformation to be supplied to Commission\nPart 5—Miscellaneous\n20\tFinancial report\n21\tReports\n22\tStatement of payments to be furnished\n23\tRegulations\n24\tTransitional provision\nLegislative history\nAppendix—Divisional penalties and expiation fees\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the South Australian Local Government Grants Commission Act 1992.\n4—Interpretation\nIn this Act, unless the contrary intention appears—\nthe Account means the South Australian Local Government Grants Commission Account continued in existence under section 5 of this Act;\narea means the area in relation to which a council is constituted;\nthe Commission means the South Australian Local Government Grants Commission continued in existence under section 8 of this Act;\nthe Commonwealth Act means the Local Government (Financial Assistance) Act 1986 of the Commonwealth as amended and in force for the time being (and includes an Act (if any) passed in substitution for that Act);\nCommonwealth funds means any amount received under the Commonwealth Act in respect of allocations that have been approved under that Act;\ncouncil means a council under the Local Government Act 1934 and includes any person or body (not being a person or body exercising any powers within the area of a council as defined for the purposes of that Act) prescribed as a council for the purposes of this Act;\ngrant means a grant payable under this Act;\nmember means a member of the Commission.\nNote—\nFor definition of divisional penalties (and divisional expiation fees) see Appendix.\nPart 2—The Account\n5—The Account\n\t(1)\tThe South Australian Local Government Grants Commission Account, established at Treasury, continues in existence.\n\t(2)\tThe Account will consist of—\n\t(a)\tamounts received from the Government of the Commonwealth for the purposes of this Act;\n\t(b)\tsuch amounts as are appropriated by the Parliament for the purposes of this Act;\n\t(c)\tany income and accretions produced by the investment of money from the Account;\n\t(d)\tany other money received by the Commission for the purposes of this Act;\n\t(e)\tamounts paid into the Account for the purposes of the Commission's functions under any other Act.\n\t(3)\tThe Account may be applied towards—\n\t(a)\tpayments to councils under this Act;\n\t(b)\tadministrative costs and other expenses related to the administration of this Act or the performance of the Commission's functions under any other Act.\n\t(4)\tThe Treasurer may, after consultation with the Commission, invest money that is not immediately required for the purposes of the Account.\n6—Available moneys\nThe Minister must, after consultation with the Commission, as soon as practicable after the commencement of each financial year, by notice in the Gazette, specify the total amount that will be available from the Account for payment of grants under this Act.\n7—Payment of amounts\nWhen Commonwealth funds are paid into the Account, the Commission must ensure that appropriate payments are made without undue delay from the Account to councils in accordance with any relevant approval obtained under the Commonwealth Act.\nPart 3—The Commission\n8—Establishment of Commission\n\t(1)\tThe South Australian Local Government Grants Commission continues in existence.\n\t(2)\tThe Commission consists of the following members appointed by the Governor—\n\t(a)\ta member nominated jointly by the Minister and the Local Government Association of South Australia to be the presiding member of the Commission; and\n\t(b)\ta member nominated by the Minister; and\n\t(c)\ta member nominated by the Local Government Association of South Australia.\n9—Conditions of membership\n\t(1)\tA member of the Commission will be appointed on such conditions and for such term, not exceeding five years, as the Governor may determine and on the expiration of a term of office will be eligible for reappointment.\n\t(2)\tThe Governor may appoint a suitable person to be a deputy of a member of the Commission and that person may, in the absence of that member from the duties of office, act as a member of the Commission.\n\t(3)\tThe provisions of this Act relating to nomination of a member of the Commission extend to the appointment of a deputy of that member.\n\t(4)\tThe Governor may remove a member of the Commission from office if the member—\n\t(a)\tcontravenes, or does not comply with, a condition of appointment; or\n\t(b)\tbecomes mentally or physically incapable of carrying out satisfactorily the duties of office; or\n\t(c)\tis guilty of neglect of duty or dishonourable conduct; or\n\t(d)\tis absent, without leave of the Commission, from three or more consecutive meetings of the Commission.\n\t(5)\tThe office of a member of the Commission becomes vacant if the member—\n\t(a)\tdies; or\n\t(b)\tcompletes a term of office and is not reappointed; or\n\t(c)\tresigns by written notice addressed to the Minister; or\n\t(d)\tis removed from office by the Governor pursuant to subsection (4).\n\t(6)\tOn the office of a member of the Commission becoming vacant, a person must be appointed in accordance with this Act to the vacant office.\n10—Remuneration and expenses\nThe members of the Commission (and any deputy) are entitled to such fees, allowances and expenses as the Governor may approve.\n11—Proceedings of the Commission\n\t(1)\tThe presiding member of the Commission will, if present at a meeting of the Commission, preside at the meeting and in the absence of that member a member chosen by those present will preside.\n\t(2)\tTwo members constitute a quorum of the Commission and no business may be transacted at a meeting of the Commission unless a quorum is present.\n\t(3)\tEach member present at a meeting of the Commission is entitled to one vote on a matter arising for decision at the meeting and the person presiding at the meeting has, in the event of an equality of votes, a second or casting vote.\n\t(4)\tA decision carried by a majority of the votes cast by the members present at a meeting of the Commission is a decision of the Commission.\n\t(5)\tThe Commission must cause minutes to be kept of its proceedings.\n\t(6)\tSubject to this Act, the proceedings of the Commission may be conducted as it thinks fit.\n12—Validity of acts of Commission\n\t(1)\tAn act or proceeding of the Commission is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member.\n13—Misuse of confidential information\nA member of the Commission must not use confidential information gained by virtue of the member's official position for the purpose of securing a private benefit for the member personally or for some other person.\nPenalty: Division 5 fine or division 5 imprisonment.\n14—Staff\n\t(1)\tThe Commission will have such staff (comprised of persons employed in the Public Service of the State) as is necessary for the purposes of the performance of the Commission's functions under this and any other Act.\n\t(2)\tThe Commission may, by arrangement with the appropriate authority, make use of the services, facilities or employees of a government department, agency or instrumentality.\n15—Functions of Commission\n\t(1)\tThe functions of the Commission are as follows:\n\t(a)\tto make recommendations to the Minister as to the amounts that should be paid to councils by way of grants under this Act;\n\t(b)\tto perform other functions assigned to the Commission by or under this or any other Act or by the Minister.\n\t(2)\tThe Commission will have the power to do all things necessary or expedient for the efficient and proper performance of the Commission's functions.\n16—Inquiries and investigations\n\t(1)\tIn the exercise of its functions the Commission may hold such inquiries and make such investigations as it considers necessary.\n\t(2)\tFor the purpose of an inquiry the Commission has and may exercise the powers of a commission as defined in the Royal Commissions Act 1917 and that Act will apply and have effect in all respects, as if—\n\t(a)\tthe Commission were a commission as so defined; and\n\t(b)\tthe subject matter of the inquiry were set out in a commission of inquiry issued by the Governor under his or her hand and the public seal of the State.\n\t(3)\tSubsection (2) does not prevent the Commission from inquiring into any matter in such other manner as it sees fit.\n17—Principles to be applied by the Commission\n\t(1)\tThe Commission must, when formulating a recommendation to the Minister as to the amounts that should be paid to councils by way of grants under this Act—\n\t(a)\tensure that the total amount of grants recommended in any financial year equals the total amount specified under section 6 for that financial year; and\n\t(b)\tensure that the recommended allocation of amounts to councils accords with principles formulated by the State for the purposes of the Commonwealth Act; and\n\t(c)\tcomply with any relevant provision of the Commonwealth Act.\n\t(2)\tThe Commission may, in relation to a particular council, take into account any special needs of, or problems experienced by, that council.\n\t(3)\tThe Commission must forward any recommendation to the Minister as soon as practicable after completing its formulation of the recommendation.\n18—Consideration of recommendations\n\t(1)\tOn receipt of a recommendation of the Commission, the Minister may—\n\t(a)\tapprove the recommendation; or\n\t(b)\trefer the recommendation back to the Commission with a request to the Commission to consider such matters and take such other steps as are specified in the direction either in relation to the whole or any part of the recommendation.\n\t(2)\tA request under subsection (1)(b) must contain a statement of the reasons for the request.\n\t(3)\tThe Commission must, after considering the request under subsection (1)(b), reconsider its recommendation in view of that request and make such amendments, if any, to its recommendation as it appears necessary or desirable.\n\t(4)\tThe Commission must then resubmit its recommendation with or without amendment to the Minister and the Minister must thereupon approve the recommendation.\nPart 4—Councils\n19—Information to be supplied to Commission\n\t(1)\tThe Commission must in respect of each financial year, by notice in writing to each council, require that council within the time specified in the notice to provide the Commission with such information as to the affairs of the council in such form as is specified in the notice.\n\t(2)\tThe Commission may from time to time, by notice in writing, require a council within the time specified in the notice to provide the Commission with such further or other information as to the affairs of the council in such form as is specified in the notice.\n\t(3)\tSubject to any relevant provision of the Commonwealth Act or an instrument under that Act, if a council fails to comply with a requirement under subsection (1) or (2) in relation to a financial year, the Commission is not bound to make a recommendation as to the payment of a grant to that council.\nPart 5—Miscellaneous\n20—Financial report\n\t(1)\tThe Minister may, either on his or her own initiative or at the request of the Local Government Association of South Australia, refer to the Commission for inquiry and report any matter relating to local government finance.\n\t(2)\tThe Commission must comply with such a request as soon as it is reasonably practicable after it is made.\n21—Reports\n\t(1)\tThe Commission must, on or before 30 September in each year, submit a report to the Minister on the activities of the Commission during the previous financial year.\n\t(2)\tThe Minister must, within 12 sitting days after receipt of a report under subsection (1), cause copies of that report to be laid before each House of Parliament.\n22—Statement of payments to be furnished\nAs soon as practicable after the end of the financial year, the Minister must furnish to the Treasurer of the Commonwealth—\n\t(a)\ta statement, in accordance with a form approved by the Treasurer, specifying the payments made by the State during that financial year in accordance with the Commonwealth Act and the dates of those payments; and\n\t(b)\ta certificate by the Auditor-General certifying that, in the opinion of the Auditor-General, the contents of the statement are correct.\n23—Regulations\nThe Governor may make such regulations as are necessary or expedient for the purposes of this Act.\n24—Transitional provision\nThe members of the Commission holding office immediately before the commencement of this Act will continue to hold office for the balance of their respective terms.\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 South Australian Local Government Grants Commission Act 1992 repealed the following:\nSouth Australian Local Government Grants Commission Act 1976\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1992\n30\nSouth Australian Local Government Grants Commission Act 1992\n21.5.1992\n4.6.1992 (Gazette 4.6.1992 p1598)\n2009\n84\nStatutes Amendment (Public Sector Consequential Amendments) Act 2009\n10.12.2009\nPt 139 (s 318)—1.2.2010 (Gazette 28.1.2010 p320)\n2017\n32\nLocal Government (Boundary Adjustment) Amendment Act 2017\n22.8.2017\nSch 1 (cll 1—3)—1.1.2019 (Gazette 7.11.2017 p4514)\n2021\n26\nStatutes Amendment (Local Government Review) Act 2021\n17.6.2021\nPt 10 (s 207)—20.9.2021 (Gazette 16.9.2021 p3548)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended under Legislation Revision and Publication Act 2002\n1.2.2010\nPt 1\n\n\nss 2 and 3\nomitted under Legislation Revision and Publication Act 2002\n1.2.2010\nPt 2\n\n\ns 5\n\n\ns 5(2)\namended by 32/2017 Sch 1 cl 1(1)\n1.1.2019\ns 5(3)\namended by 32/2017 Sch 1 cl 1(2)\n1.1.2019\nPt 3\n\n\ns 12\n\n\ns 12(2) and (3)\ndeleted by 84/2009 s 318\n1.2.2010\ns 14\n\n\ns 14(1)\namended by 32/2017 Sch 1 cl 2\n1.1.2019\ns 15\n\n\ns 15(1)\namended by 32/2017 Sch 1 cl 3\n1.1.2019\nPt 4\n\n\ns 19\n\n\ns 19(3)\namended by 26/2021 s 207\n20.9.2021\nHistorical versions\n1.2.2010\n\n1.1.2019\n\nAppendix—Divisional penalties and expiation fees\nAt the date of publication of this version divisional penalties and expiation fees are, as provided by section 28A of the Acts Interpretation Act 1915, as follows:\n\nDivision\nMaximum imprisonment\nMaximum fine\nExpiation fee\n1\n15 years\n$60 000\n—\n2\n10 years\n$40 000\n—\n3\n7 years\n$30 000\n—\n4\n4 years\n$15 000\n—\n5\n2 years\n$8 000\n—\n6\n1 year\n$4 000\n$300\n7\n6 months\n$2 000\n$200\n8\n3 months\n$1 000\n$150\n9\n–\n$500\n$100\n10\n–\n$200\n$75\n11\n–\n$100\n$50\n12\n–\n$50\n$25\nNote: This appendix is provided for convenience of reference only.","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act’s core purpose remains to manage and allocate financial assistance via a statutorily constituted Commission, but successive amendments have adjusted scope and machinery: changes to the Account’s composition and permitted applications (s5 amendments, 2019), updates to staffing and functions (s14(1), s15(1) amendments, 2019), deletion of certain validity provisions (s12(2),(3) deleted 2010), and tightening of council non‑compliance consequences (s19(3) amended 2021). These amendments altered procedural and administrative detail without replacing the Commission’s central role."},"complexity_factors":["Intergovernmental dependence: the Commission’s allocation rules and receipt of funds are tied to the Commonwealth Local Government (Financial Assistance) Act 1986 (definition of Commonwealth Act; ss 4, 7, 17(1)(c)), creating cross-jurisdictional compliance and timing constraints.","Procedural layers: a multi-step recommendation and approval loop between the Commission and Minister, including mandatory reasons for referral back and obligatory reconsideration (s18), adds procedural complexity and administrative cycles.","Information and compliance burden on councils: annual and ad hoc information notices with the sanction that the Commission need not recommend grants for non-compliance (s19(1)–(3)), concentrating leverage on councils to supply data.","Discretion and investigatory powers: the Commission may hold inquiries using powers under the Royal Commissions Act (s16), giving it broad fact‑gathering authority and discretionary investigatory methods.","Account management and finance rules: Account composition, permitted uses, reporting and Treasurer’s investment power (ss5–7, 22) impose treasury and audit processes to track Commonwealth and State monies.","Governance design: prescribed nominations and removal grounds for members, quorum and voting rules (ss8–11), and confidentiality offence with penal consequences (s13) create formal governance and conduct controls.","Delegated/secondary instruments: regulation‑making power (s23) and references to other Acts mean operational detail may be shifted to subordinate instruments, affecting practical complexity."],"plain_english_summary":"This Act continues the South Australian Local Government Grants Commission and its dedicated Account, sets how Commonwealth and State money for local government grants is received and paid, and defines the Commission’s membership, duties and reporting requirements. Councils must supply financial information on request or the Commission may decline to recommend a grant (s19); the Minister approves or returns recommendations with reasons (s18), and the Treasurer may invest Account funds after consulting the Commission (s5(4))."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act remains tightly focused on its original purpose: establishing the machinery for distributing Commonwealth financial assistance grants to local government. The 1992 Act replaced a 1976 predecessor with the same essential function. Subsequent amendments have been minor and technical — updating references, removing spent provisions, and adjusting staff arrangements — without expanding the Act's scope beyond grant administration and Commission governance."},"complexity_factors":["Straightforward structure with only 24 sections across 5 Parts","Minimal defined terms (only 8 definitions in section 4)","Limited cross-referencing — primarily references to the Commonwealth Local Government (Financial Assistance) Act 1986 and the Royal Commissions Act 1917","Simple conditional logic — mostly 'if X then Y' without nested exceptions","No complex mathematical formulas or indexation mechanisms","Clear separation of functions between Account management, Commission operations, and council obligations","Single penalty provision (section 13) with straightforward divisional penalty reference"],"plain_english_summary":"**What this law does:**\n\nThis Act sets up a system for distributing federal (Commonwealth) money to local councils in South Australia. It keeps alive the **South Australian Local Government Grants Commission** — a body that decides how to split up government funds among local councils.\n\n**Who it affects:**\n\n- **Local councils** — they receive grants based on the Commission's recommendations\n- **The Commission members** — three appointed people (one nominated jointly by the Minister and local government association, one by the Minister alone, one by the association)\n- **The Minister** — who oversees the process and approves recommendations\n- **South Australian taxpayers** — indirectly, as this manages public money\n\n**How it works:**\n\n1. **Money comes in** — Federal funds flow into a special bank account called the \"Account\" (along with any state money or investment income)\n2. **The Commission decides** — Each year, the Commission figures out how to divide the available money among councils based on state principles and any special needs of particular councils\n3. **The Minister approves** — The Minister can approve recommendations or send them back for reconsideration (but must ultimately approve)\n4. **Councils get paid** — Money flows out to councils without undue delay\n5. **Councils must cooperate** — They have to provide financial information when asked; if they don't, they might miss out on grants\n\n**Key powers:**\n\n- The Commission can run inquiries and investigations (with powers similar to a Royal Commission)\n- It can demand information from councils\n- Members face penalties (up to 2 years prison or $8,000 fine) for misusing confidential information\n\n**Why it matters:**\n\nThis is the plumbing that gets federal financial assistance to your local council. Without this Act, there'd be no clear, fair way to distribute millions of dollars that help pay for roads, rubbish collection, libraries, and other local services. It ensures transparency by requiring annual reports to Parliament and audited statements to the federal government."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed — the legislative text was not available for review. No comparison between original intent and current provisions is possible from the data provided."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 404 Page Not Found error","Analysis is based solely on the Act's title and general knowledge of similar legislation, not actual provisions","Cannot assess true complexity without access to the Act's sections, schedules, definitions, or operative provisions","Complexity score is nominal and unreliable given the absence of source material"],"plain_english_summary":"The Act would establish the South Australian Local Government Grants Commission to recommend how state and federal grant funding is allocated among South Australian local councils. It affects councils, residents and ratepayers, and state/federal funding bodies because the Commission’s recommendations shape council revenues and the quality of local services.\n\nNote: the Act text couldn’t be retrieved here; this summary isn’t verified against the statute."}},"importantCases":[],"_links":{"self":"/api/acts/south-australian-local-government-grants-commission-act-1992","history":"/api/acts/south-australian-local-government-grants-commission-act-1992/history","analysis":"/api/acts/south-australian-local-government-grants-commission-act-1992/analysis","conflicts":"/api/acts/south-australian-local-government-grants-commission-act-1992/conflicts","importantCases":"/api/acts/south-australian-local-government-grants-commission-act-1992/important-cases","documents":"/api/acts/south-australian-local-government-grants-commission-act-1992/documents"}}