Adelaide Show Grounds (Regulations and By-laws) Act 1929

Show grounds, Society. The Act defines “show grounds” as the lands leased to the Society under the Adelaide Show Grounds Act 1913, and “Society” as the Royal Agricultural and Horticultural Society of South Australia Incorporated (s 2). Those definitions tether the Act’s reach to a particular leasehold estate and corporate body; any regulatory action under this Act applies to that land and that incorporated Society.

Executive regulation of closing times. The Governor, by regulation, prescribes the times when the show grounds “must be closed to members of the public” (s 2A(1)). That is a regulatory constraint on public access imposed by state regulation rather than by Society by‑law.

Ministerial exception with notice. The Society has a conditional, delegated discretion to open the grounds when regulations would otherwise require closure, but only with the Minister’s written approval (s 2A(2)). The Minister must cause notice of that approval to be published in the Gazette at least 14 days before the grounds are opened pursuant to that approval (s 2A(3)). The scheme places a temporal notice requirement on the executive’s exception.

By‑laws and their permissible subjects. The Council may make by‑laws for a closed list of purposes, including prohibiting trespass (s 3(a)), preventing damage (s 3(b)), regulating vehicular and pedestrian traffic and parking (s 3(c)-(d)), securing orderly conduct and restricting alcohol (s 3(e)-(f)), and imposing penalties and recovering compensation (s 3(g)-(h)). The Act prescribes limits on substance (what may be regulated) and on sanctioning power (penalty cap and summary recovery).

Procedural mode for by‑law making. By‑laws cannot be made at short notice: each Council member must receive at least fourteen days’ prior written notice specifying the by‑laws intended (s 4(a)). Further, a majority of all Council members must vote in favour at the meeting (s 4(b)). The text uses “majority of all the members,” which on its face requires a majority of the Council’s total membership rather than simply a majority of those present.

Executive confirmation, publication and parliamentary oversight. No by‑law is effective until the Governor confirms it (s 5(1)(a)). After confirmation it must be published in the Gazette at the Society’s expense and, subject to timing rules, laid before both Houses of Parliament (s 5(1)(b)-(d)). Each House has a specified period (fourteen sitting days) in which it may pass a resolution disallowing a by‑law; disallowance causes the by‑law to cease to have effect prospectively, but does not affect the validity of things already done under it (s 5(2)). The Act also requires publication in the Gazette of any disallowance (s 5(3)).

Conclusive presumption and non‑application of s 38. Section 6 provides that upon confirmation and Gazette publication, “all conditions precedent to the making thereof shall be conclusively deemed to have been fulfilled.” Section 7 disapplies s 38 of the Acts Interpretation Act 1915 to these by‑laws. The Act therefore combines a conclusive evidentiary presumption with an express non‑application of a provision from a separate statute.

Savings and limits. By‑laws made under this Act “shall not affect any provision of any other Act or of the common law” (s 8). That clause places a statutory boundary on Council competence and preserves the supremacy of other statutes and common law rights.

Costs and recovery mechanisms. The Society bears the publication expense (s 5(1)(b)). The Council may impose penalties not exceeding forty dollars, recoverable summarily, and may recover compensation for damage summarily (s 3(g)-(h)). The Act therefore specifies who bears certain costs and how monetary sanctions are enforced.

Amendment provenance. The Act was originally enacted in 1929 and was amended in 1993 to substitute the short title and to insert s 2A; those amendments commenced on 3 April 1995 (Legislative history). The Act’s current structure therefore reflects both the original 1929 framework and later insertion of the closing‑times provisions.

The Act creates distinct obligations, discretions and costs that fall on different actors. Nameable parties in the text are the Governor, the Minister, the Society and its Council, the public who use the show grounds, Parliament, and the Gazette as the publication vehicle. Each actor has a different role and potential exposure under the statutory scheme.

The Society and its Council. The Society is the primary actor given substantive and procedural duties. The Council may make by‑laws (s 3) but must follow the mode prescribed in s 4: at least fourteen days’ written notice specifying proposed by‑laws to each Council member and the affirmative vote of a majority of all members. The Society must also pay for publication of confirmed by‑laws in the Gazette (s 5(1)(b)). If the Society opens the grounds contrary to Governor regulations it must first obtain the Minister’s written approval and cause the required Gazette notice to be published (s 2A(2)-(3)). The Society therefore carries administrative, financial and compliance responsibilities.

Members of the public, visitors, and commercial users. The Act places regulatory constraints directly on “members of the public” and on those who enter the show grounds. Public access may be restricted by Governor regulations prescribing closing times (s 2A(1)). The Council’s by‑laws may prohibit trespass, regulate pedestrian and vehicular traffic, regulate parking and ranking of vehicles, secure orderly conduct, and restrict or prohibit alcohol consumption (s 3(a)-(f)). Persons who breach by‑laws may face penalties not exceeding forty dollars and may be liable to compensate the Society for damage, with both remedies recoverable summarily (s 3(g)-(h)). Businesses that operate on the grounds , stalls, caterers, exhibitors and any commercial vehicles , will be affected by traffic/parking and alcohol rules authorised by s 3(c)-(f).

Council members. The Act imposes procedural duties on Council members and on the Council collectively. Notice requirements to individual Council members must be complied with (s 4(a)), and the by‑law is only made if a majority of all Council members vote in favour (s 4(b)). Council members are therefore gatekeepers whose absence, abstention or opposition can block rule‑making.

The Governor and Minister. The Governor has the formal confirmation power for by‑laws (s 5(1)(a)). The Governor’s regulations determine mandatory closing times (s 2A(1)). The Minister has a discretionary gatekeeping role over exceptions to closing regulations: only with written ministerial approval may the Society open the grounds during regulated closure times, and the Minister must ensure at least 14 days’ Gazette notice is given before opening (s 2A(2)-(3)). Those roles place administrative decision‑making powers in the executive.

Parliament. Both Houses of Parliament have oversight capacity through the disallowance procedure: either House may disallow a by‑law by a resolution within fourteen sitting days after it has been laid before the House (s 5(2)-(3)). The procedural requirement to lay by‑laws before Parliament (s 5(1)(d)) makes Parliament an intervening political check.

Gazette and publication. Publication in the Gazette is a statutory step for confirmed by‑laws and for ministerial approvals to open grounds (s 5(1)(b); s 2A(3)). The Society bears the financial cost of Gazette publication for by‑laws (s 5(1)(b)). The Gazette is the vehicle by which notice and the conclusive presumption in s 6 are triggered.

Other legal actors indirectly affected. The Act ties the definition of show grounds to the Adelaide Show Grounds Act 1913 (s 2). That linkage means that any rights under that 1913 Act or under the lease may interact with these by‑laws and regulations. The Act also preserves other statutory and common law provisions (s 8), so courts, tribunals and other statutory administrators who apply other laws will need to consider any by‑laws in light of those preserved regimes.

Actors not affected. The Act expressly limits the Society’s competence by saying by‑laws “shall not affect any provision of any other Act or of the common law” (s 8). That wording signals to external regulated parties that where another statute or the common law provides rights or obligations, the Society’s by‑laws cannot override them.

The Act distributes duties and discretions between the executive and the Society, and gives specific legal rights and procedural protections. The chief statutory duties and rights are as follows.

Duty to keep the grounds closed at prescribed times. The show grounds are required to be closed to members of the public at times set by regulations made by the Governor (s 2A(1)). This is an obligation on the show grounds that restricts public access and establishes a baseline regulatory requirement.

Conditional right for Society to open during closure times. The Society has a statutory right to open the grounds at otherwise restricted times, but only with the Minister’s written approval. That is a conditional, non‑self‑executing right that depends on ministerial consent (s 2A(2)). The Minister must publish notice of the approval in the Gazette at least 14 days before the grounds are opened under that approval (s 2A(3)), which is a procedural duty on the Minister.

Council’s rule‑making powers and limits. The Council has a statutory right to make by‑laws for enumerated purposes, including trespass, damage prevention, traffic and parking regulation, orderly conduct and alcohol restriction (s 3(a)-(f)). That right is constrained in two ways: substance and procedure. Substance is constrained by the list in s 3; for example, the Council cannot, under s 3 alone, create offences outside those subject matters. Procedure is constrained by s 4: at least fourteen days’ prior written notice to each Council member specifying the proposed by‑laws is required, and the by‑law must be supported by a majority of all Council members voting at the meeting (s 4(a)-(b)).

Penalty and compensation powers. The Council may impose penalties recoverable summarily not exceeding forty dollars for breach of any by‑law (s 3(g)). The Council is also empowered to recover compensation summarily for any damage done to the show grounds or to buildings or chattels thereon (s 3(h)). Those are enforceable monetary remedies available to the Society.

Governor confirmation and publication requirement. No by‑law is effective until submitted to and confirmed by the Governor (s 5(1)(a)). After confirmation the by‑law must be published in the Gazette at the Society’s expense (s 5(1)(b)). Publication triggers effectivity from the date of publication or a later date fixed by the by‑law (s 5(1)(c)). These provisions allocate duties: the Governor must exercise a confirmation function, the Society must publish and pay, and the Gazette acts as the channel for effect.

Parliamentary oversight rights. Each House of Parliament has the right to disallow a confirmed and published by‑law by passing a resolution within fourteen sitting days after it has been laid before that House (s 5(2)). A disallowance causes the by‑law to cease to have any effect thereafter; however, s 5(2) expressly preserves the validity of anything done under the by‑law before disallowance.

Conclusive presumption of procedural compliance. Section 6 says that when a by‑law has been confirmed by the Governor and published in the Gazette “all conditions precedent to the making thereof shall be conclusively deemed to have been fulfilled.” That is a statutory rule that removes post‑publication argument about non‑compliance with conditions precedent.

Non‑affecting other Acts and common law. By‑laws “shall not affect any provision of any other Act or of the common law” (s 8). That is a statutory duty on the Council to stay within the bounds of other statutory and common law rights; it is also a right for third parties that their statutory and common law protections remain in place despite any by‑law.

Non‑application of s 38 Acts Interpretation Act. Section 7 states that s 38 of the Acts Interpretation Act 1915 does not apply to by‑laws under this Act. The Act therefore carves out an interpretative rule applicable to these by‑laws, though the content and effect of s 38 itself are not stated within this Act and must be consulted in the Acts Interpretation Act 1915.

Timing and laying duties. After publication the by‑law must be laid before both Houses of Parliament within fourteen days if Parliament is in session and, if not, within fourteen days after the commencement of the next session (s 5(1)(d)). That creates a duty on the Society (or the relevant executive agency that handles parliamentary business) to ensure timely laying.

Cost allocation. The Society must bear the expense of Gazette publication for confirmed by‑laws (s 5(1)(b)). That is an explicit financial duty.

In sum, rights include the Council’s right to make by‑laws on enumerated subjects (subject to Governor confirmation and parliamentary oversight), and the Society’s right to seek ministerial approval to open when regulations require closure. Duties include adherence to procedural steps for by‑law making, submission for confirmation, Gazette publication (at the Society’s cost), and compliance with Governor regulations on closure times. The Act limits by‑law scope by reference to other statutes and common law.

The Act prescribes the scope and process for monetary sanctions and civil recovery, and it places enforcement primarily in a summary procedural channel.

Monetary penalty cap and summary recovery. Section 3(g) authorises the Council to impose penalties for breach of any by‑law, but caps those penalties at forty dollars and requires that they be “recoverable summarily.” That language confines sanctions to summary enforcement mechanisms provided by the relevant summary jurisdiction; the Act does not create a distinct criminal offence outside that summary recovery route. The forty dollar cap is statutory and absolute under this Act.

Compensation for damage. Section 3(h) expressly empowers the Society to recover compensation for any damage done to the show grounds or any building or chattel thereon, and to do so “summarily.” The Act therefore vests the Society with an express private-law recovery right to be exercised by summary procedure.

Summary enforcement modality. The repeated reference to summary recovery indicates that the Act contemplates expedited, non‑indictable procedures for enforcing both penalty fines and compensation. The Act does not expand on the forum or provide procedural detail beyond the summary character of recovery; it leaves the mechanics of summary enforcement to the broader procedural law.

Effect of disallowance on acts done. Section 5(2) provides that if Parliament passes a resolution disallowing a by‑law within the statutory timeframe, “the by‑law shall thereupon cease to have any effect, but without affecting the validity or curing the invalidity of anything done or committed in the meantime.” That provision preserves the enforceability of actions and sanctions applied under a by‑law before its disallowance. It therefore creates legal certainty for acts already performed or sanctions already imposed prior to disallowance.

Conclusive presumption reducing post‑publication challenges. Section 6 says that once a by‑law has been confirmed and published, “all conditions precedent to the making thereof shall be conclusively deemed to have been fulfilled.” That statutory conclusion may significantly reduce the scope for post‑publication procedural challenges to enforcement actions taken under a by‑law, because it removes the question of whether conditions precedent were fulfilled.

Limitation: cannot affect other Acts or common law. Section 8 explicitly provides that a by‑law “shall not affect any provision of any other Act or of the common law.” This limits enforcement: a by‑law cannot validate conduct that would otherwise be unlawful under another statute or common law principle nor can it suppress rights protected elsewhere.

Practical enforcement consequences. Financial sanctions and compensation are limited in quantum by the $40 cap for penalties and by the chosen route of summary recovery. The Act does not create custodial or higher criminal penalties. Enforcement must therefore be configured within the summary enforcement infrastructure. The Society bears the onus of seeking recovery and of ensuring procedures (confirmation, publication) have been followed to safeguard enforcement steps from challenge (s 5, s 6).

Publication and notice requirements as enforcement pre‑conditions. The Act requires publication in the Gazette of confirmed by‑laws (s 5(1)(b)) and of ministerial approvals to open grounds contrary to regulations (s 2A(3)). Publication is therefore tied to enforceability: by‑laws are ineffective until confirmation and publication (s 5(1)(a)-(c)), and the Minister’s approval cannot be exercised without prior Gazette notice. Those publication obligations function as preconditions and evidence for enforcement actions.

Who pays and who enforces. The Society pays for the Gazette publication of by‑laws (s 5(1)(b)). Enforcement of penalties and compensation is carried out by the Society through summary procedures authorised by s 3(g)-(h). The Act does not create a public enforcement agency for by‑law breaches; enforcement is a private right granted to the Society.

The Act expressly creates a bounded, subordinate regulatory regime and sets out points of intersection with other statutes, parliamentary procedures and the common law.

Link to Adelaide Show Grounds Act 1913. The Act defines “show grounds” as the lands leased to the Society pursuant to the Adelaide Show Grounds Act 1913 (s 2). That textual linkage means the scope of these regulations and by‑laws depends on the legal status of the land under the 1913 Act and any rights or obligations arising from that lease. The Act does not alter the terms of the 1913 Act; it operates in relation to the lands defined by it.

Preservation of other statutes and the common law. Section 8 states that “no by‑law made under this Act shall affect any provision of any other Act or of the common law.” That is a statutory limitation preserving the primacy of other legislation and common law rights. Any attempt by the Council to make a by‑law that conflicts with another statute or with settled common law rights would, under this provision, be without effect to the extent of that conflict.

Parliamentary disallowance procedure. The Act requires that by‑laws, after confirmation and Gazette publication, be laid before both Houses of Parliament (s 5(1)(d)). Either House may pass a resolution disallowing the by‑law within fourteen sitting days after it is laid before that House (s 5(2)). This embeds the by‑laws within the standard parliamentary oversight framework for subordinate instruments: Parliament retains the capacity to nullify the by‑law prospectively. The Act also requires Gazette publication of any disallowance (s 5(3)), which interacts with public notice regimes.

Executive regulation and ministerial approvals. The Governor has the power to make regulations prescribing closing times (s 2A(1)). The Society may only open during those regulated closure times if it obtains the Minister’s written approval (s 2A(2)) and the Minister publishes notice in the Gazette at least 14 days before the opening (s 2A(3)). That places an overlay of executive controls on the Society’s exercise of its own right to open the grounds. Regulations made by the Governor will themselves interact with other regulatory regimes affecting public entertainment, liquor licensing, traffic management and public safety, although this Act does not specify those other regulatory instruments.

Non‑application of s 38 Acts Interpretation Act 1915. Section 7 disapplies s 38 of the Acts Interpretation Act 1915 to by‑laws made under this Act. The Act therefore alters the interpretative or operation rules that would otherwise apply by virtue of the Acts Interpretation Act 1915, but the text of s 38 is not reproduced here and must be consulted in that Act to understand the precise legal effect.

Procedural interplay with summary enforcement law. The Act authorises summary recovery of penalties and compensation (s 3(g)-(h)). The procedural mechanics of summary recovery , which courts or tribunals, applicable filing procedures, enforcement practices and limitation periods , are governed by other statutes and procedural rules that the Act does not displace. Consequently, enforcement actions under this Act will interact with the jurisdictional and procedural frameworks of summary courts and tribunals.

Publication and administrative law. Confirmation by the Governor and Gazette publication (s 5(1)(a)-(b)) are administrative steps that may interact with administrative law principles where applicable. The Act’s s 6 provides that conditions precedent are conclusively deemed fulfilled after publication, which alters the evidentiary posture for judicial review of certain procedural compliance matters. However, the Act does not remove the question of whether the by‑law itself is within the substantive bounds of the Council’s powers under s 3 or conflicts with other statutes or the common law (s 8).

In short, the Act places by‑laws beneath the umbrella of broader statutory and common law regimes, and it embeds multiple checkpoints , executive regulation, ministerial approval with Gazette notice, Governor confirmation, Gazette publication and parliamentary disallowance , that create points at which other legal instruments and actors interact with the Society’s by‑laws.

The Act’s legislative history as provided in the text shows the original enactment and a later amendment that inserted the closing times regime and altered the short title. The legislative history entries in the source are the only authoritative record supplied here.

Original enactment. The principal Act was enacted in 1929 as the Adelaide Show Grounds (By‑laws) Act 1929, assented to on 30 October 1929 and commenced 30 October 1929 (Legislative history,1929 No 1905). The 1929 Act established the framework for the Society’s by‑law making and the Governor’s confirmation role in its original form.

1993 amendment and re‑commencement. The Statutes Repeal and Amendment (Places of Public Entertainment) Act 1993 (No 87 of 1993) amended this Act. The entries record that the 1993 Act received assent on 27 October 1993 and that relevant amendments commenced on 3 April 1995, with Gazette notice on 23 February 1995 at p 422 (Legislative history,1993 No 87). The amendment history notes explicitly that the long title was amended by s 5 of the 1993 Act with commencement 3 April 1995, s 1 was substituted by s 6 of the 1993 Act on 3 April 1995, and s 2A was inserted by s 7 of the 1993 Act on 3 April 1995 (Provisions amended since 3 February 1976). Those entries show that the modern Act’s short title and the closing times regime (s 2A) are post‑1993 insertions.

Former title. The Act was formerly known as the Adelaide Show Grounds (By‑laws) Act 1929 (Notes,Formerly). The legislative history table records that the Act had that title before the 1993 amendments substituted the current short title (s 1 replacement).

No other amendments recorded in the supplied text. The provided material lists only the 1929 original entry and the 1993 amendment entries. The text contains a note directing readers to the Index of South Australian Statutes or legislation.sa.gov.au for further information about subordinate legislation made under the Act, which suggests there may be subordinate instruments made pursuant to the Act but those instruments are not included in the supplied text.

Practical consequence of amendments. The insertion of s 2A by the 1993 Act added a new executive regulation and ministerial approval mechanism for opening and closing times; the substitution of s 1 updated the short title to the current form. The precise legislative amendments are listed in the legislative history, with commencement dates and section citations to the amending Act, which in turn confirm the current statutory architecture as integrating both the original by‑laws regime and the later closing‑times mechanism.

Users navigating this Act should therefore read it as originally enacted in 1929, modified by the 1993 Act with operational commencement in 1995, and should consult the Gazette entries listed in the legislative history where necessary for exact commencement details.

The supplied Act text does not list any judicial decisions, reported challenges or applications interpreting its provisions. There are no cases named, no reported litigation history entries and no citations to judicial outcomes in the material provided. Accordingly the only litigation‑related statements that can be grounded in the source are those that flow directly from the Act’s text.

Statutory bars and evidentiary rules that affect litigation risk. The Act contains two provisions that alter the litigation posture for contested by‑laws. First, s 6 provides that when a by‑law has been confirmed by the Governor and published in the Gazette, “all conditions precedent to the making thereof shall be conclusively deemed to have been fulfilled.” That is a statutory conclusive presumption that will be raised in any litigation challenging procedural compliance with pre‑conditions to by‑law making. The statutory wording makes procedural challenge to completed confirmation and publication more difficult, because the legislature has commanded that those pre‑conditions be treated as conclusively satisfied once publication occurs.

Second, s 5(2) says that if Parliament disallows a by‑law the by‑law “shall thereupon cease to have any effect, but without affecting the validity or curing the invalidity of anything done or committed in the meantime.” That provision preserves the legal effect of acts done under a by‑law before disallowance and effectively forecloses retroactive annulment of actions taken under the by‑law.

Potential avenues for disputed questions. The Act sets out limits on Council competence (s 3, s 8) and prescribes the procedure for by‑law making and confirmation (s 4, s 5, s 6). In litigation a court could be asked to determine, for example, whether a by‑law is within the enumerated purposes in s 3 or whether it improperly affects another Act or the common law in breach of s 8. The Act, however, prescribes that confirmed and published by‑laws enjoy a conclusive presumption as to satisfaction of conditions precedent (s 6). The text does not canvas whether s 6 displaces all judicial review remedies; the wording stops short of expressly ousting judicial review for substantive jurisdictional error. The supplied text therefore leaves open how courts would treat substantive overreach or conflict with other statutes and common law, but it does provide a clear statutory evidentiary posture that favours the conclusive character of procedural compliance after publication.

Absence of listed cases in the material supplied. Because the provided source includes no litigation records or case law citations, users should not assume the absence of litigation in practice; rather, the supplied document contains no litigation history. To obtain judicial interpretations of particular provisions, researchers must consult case law databases and judicial reports outside the confines of the text provided.

The Act contains several features that can create unexpected operational or legal consequences if they are not read carefully. These “gotchas” are text‑based and flow directly from the statutory language.

Penalty quantum is fixed and low. Section 3(g) sets a maximum penalty of forty dollars for breach of any by‑law, recoverable summarily. That monetary cap is likely to be nominal in contemporary monetary terms and will limit the Society’s deterrent power through fines alone. Any compliance strategy relying on fines must acknowledge the statutory ceiling.

“Majority of all the members” requirement. Section 4(b) requires that “a majority of all the members of the Council vote at the meeting in favour of the proposed by‑law.” The phrase “of all the members” suggests the Act requires a majority of the Council’s full membership, not merely a majority of those present. That construction raises operational risks where vacancies exist on the Council or where attendance is low: the by‑law may fail even if all present vote in favour unless the affirmative votes constitute a majority of the full council membership.

Publication is both a trigger and an expense. No by‑law has force until confirmed by the Governor and then published in the Gazette at the Society’s expense (s 5(1)(a)-(b)). Publication is therefore a gating step for effectivity and also a cost the Society must meet. Similarly, ministerial approval to open grounds contrary to regulations triggers a Gazette notice requirement that the Minister must cause and that must occur at least 14 days before opening (s 2A(3)). Parties should not assume immediate effect without confirmation and publication.

Conclusive presumption after publication. Section 6 imposes that upon confirmation and publication “all conditions precedent to the making thereof shall be conclusively deemed to have been fulfilled.” The effect of that provision is to limit post‑publication factual challenges about procedural compliance. Litigants seeking to invalidate a by‑law on the basis of alleged procedural defects may face a statutory hurdle once publication has occurred.

By‑laws cannot contradict other statutes or common law. Section 8 disallows by‑laws from affecting any provision of any other Act or the common law. This limits the Society’s power; an overreaching by‑law will be legally impotent to the extent of any conflict. Parties designing by‑laws should therefore conduct legal compatibility checks with existing statutes and common law rights.

Non‑application of s 38 Acts Interpretation Act 1915. Section 7 excludes s 38 of the Acts Interpretation Act 1915 from applying to these by‑laws. The import of that exclusion is not self‑evident within this Act; practitioners must check s 38 to understand what interpretative or operational rule has been removed for these instruments. Failure to examine s 38 may lead to misreading how these by‑laws are to be interpreted.

Timing traps for parliamentary laying and disallowance. Section 5(1)(d) requires by‑laws to be laid before both Houses within fourteen days after Gazette publication if Parliament is in session, and if not then within fourteen days after commencement of the next session. Section 5(2) gives either House fourteen sitting days after the by‑law is laid before it to pass a motion disallowing it. Those timeframes involve sitting days rather than calendar days and interact with parliamentary sitting schedules; practitioners must plan for the parliamentary calendar to avoid surprises.

Scope of permissible subject matter is finite. Section 3 lists the purposes for which by‑laws may be made. The Council does not have an unlimited power to regulate all aspects of life on the grounds; it is restricted to the enumerated subjects. Attempting to rely on s 3 to regulate matters outside those subjects risks invalidity under s 8.

No express exclusion of judicial review for substantive error. Although s 6 creates a conclusive presumption about conditions precedent after publication, the Act does not say that judicial review for jurisdictional error or substantive incompatibility with other statutes or common law is excluded. Practitioners should not assume the Act ousts all judicial scrutiny simply because s 6 limits procedural challenges.

Dependence on the 1913 Act. The definition of “show grounds” in s 2 ties the operation of this Act to the lands leased pursuant to the Adelaide Show Grounds Act 1913. Any change in lease status or legal characterization of those lands under the 1913 Act could affect the domain to which these by‑laws and regulations apply.

In short, the main operational surprises arise from the low fine cap, the majority‑of‑all requirement, publication costs, the conclusive presumption after publication, the need to check s 38 of the Acts Interpretation Act 1915, the parliamentary timing mechanics, and the static list of permissible by‑law subjects. Each of these is grounded in the Act’s text and should be front of mind for practitioners dealing with by‑laws or public access to the grounds.

This section sets out a step‑by‑step compliance checklist derived from the Act’s procedural and substantive requirements. The checklist identifies the actor responsible for each action and cites the statutory provision that creates the duty.

If the Council intends to make a by‑law:

• Prepare the proposed by‑law text and confirm it falls within the subjects authorised by s 3(a)-(h). Do not attempt to regulate outside that enumerated list because s 8 bars by‑laws from affecting other Acts or common law. Document legal compatibility checks against other statutes and common law rights.

• Provide written notice to each member of the Council at least fourteen days before the Council meeting and specify the by‑laws intended to be proposed (s 4(a)). Retain proof of delivery and content of notices; because s 4 requires notice to each member, record who was given notice and how.

• Convene the meeting and secure the affirmative vote of a majority of all the members of the Council (s 4(b)). Before the meeting, verify the Council’s total membership and calculate the numerical majority required; ensure quorum and attendance arrangements aim to achieve that majority.

• After passing the by‑law, submit it to the Governor for confirmation (s 5(1)(a)). Maintain a record of the submission and any correspondence with the Governor’s office.

After Governor confirmation:

• Arrange for publication of the confirmed by‑law in the Gazette at the Society’s expense (s 5(1)(b)). Budget for publication costs and ensure the correct form of notice is used. Keep receipts and proof of publication.

• Note the effective date: a by‑law takes effect from the date of Gazette publication or from any later date fixed by the by‑law (s 5(1)(c)). Clearly state any later effective date within the by‑law if intended.

• Lay the by‑law before both Houses of Parliament within the timing rules: within fourteen days after publication if Parliament is in session, or within fourteen days after the commencement of the next session if Parliament is not in session (s 5(1)(d)). Coordinate with parliamentary administrative officers to ensure timely laying.

• Monitor for disallowance. Either House may disallow the by‑law within fourteen sitting days after it is laid before that House (s 5(2)). Prepare contingency plans in case the by‑law is disallowed; note that s 5(2) preserves the validity of acts done under the by‑law before disallowance.

To enforce by‑laws:

• Ensure all procedural steps (notice to Council members, vote, Governor confirmation, Gazette publication) have been complied with and documented before imposing penalties or seeking compensation. The Act makes compliance and publication material to effectivity (s 5(1)(a)-(c)) and s 6 creates a conclusive presumption after publication.

• Pursue monetary penalties up to the statutory cap of forty dollars and compensation for damage through summary recovery procedures authorised by s 3(g)-(h). Consult the applicable summary procedure rules to determine the appropriate forum and paperwork for enforcement.

If the Society seeks to open the grounds at times when regulations require closure:

• Apply to the Minister for written approval (s 2A(2)). Obtain the Minister’s written approval before making any opening arrangements.

• Ensure the Minister causes publication in the Gazette of the approval at least 14 days before the grounds are opened under that approval (s 2A(3)). Coordinate timing to allow for the Minister’s publishing process.

Ongoing compliance and legal housekeeping:

• Regularly review by‑laws for compatibility with other Acts and common law given s 8’s limitation. Update by‑laws as necessary after legal review.

• Keep a compliance file that includes: Council meeting notices and attendance records, minutes recording the majority vote of all members, copies of submissions to the Governor, Gazette publication proof and invoices, records of laying before Parliament, and evidence of any ministerial approvals required under s 2A.

• Check s 38 of the Acts Interpretation Act 1915 to understand any interpretative rules that have been disapplied by s 7, and adjust drafting or administrative practice accordingly.

• Budget for Gazette publication as a recurring cost when making new by‑laws and for the administrative tasks associated with laying instruments before Parliament.

• Train staff who enforce by‑laws to ensure procedural preconditions are verified before seeking summary enforcement. Because s 6 creates a conclusive presumption only after confirmation and publication, enforcement prior to those steps risks being ineffective.

• If the Council intends to impose or vary parking, traffic or alcohol rules, ensure alignment with any licensing, traffic or public safety regimes that may apply under other statutes, because s 8 prevents by‑laws from affecting other Acts.

This compliance roadmap follows directly from the statutory text. It concentrates on the procedural and substantive checkpoints the Act imposes, allocates responsibility where the Act does so, and highlights the documents and records that will be material in demonstrating compliance if enforcement or disputes arise.