276Principles applying to by-laws

276 Principles applying to by-laws (1) A by-law must conform with the following principles: (a) a by-law must not exceed the power under which it is purportedly made; (b) a by-law must not: (i) operate retrospectively; or (ii) impose a tax; (c) a by-law must not shift the legal or evidential burden of proof to the accused in criminal proceedings unless: (i) the offence is a parking offence or other minor traffic infringement; or

Local Government Act 2019 156 (ii) the shift of onus concerns only formal matters or matters peripheral to the substance of the offence; or (iii) there is clear authority in the authorising legislation to shift the onus of proof to the accused; (d) a by-law must not infringe personal rights in an unreasonable way or to an unreasonable extent; (e) a by-law must be consistent with basic principles of justice and fairness. (2) A by-law should reflect the following principles: (a) a by-law should not impose unreasonable burdens on the community; (b) a by-law should not restrict competition unless the benefits of the restriction clearly outweigh the detriments; (c) a by-law should be expressed in plain language as far as possible (and in gender neutral language). (3) If a by-law infringes one or more principles stated in subsection (2) it is not necessarily invalid on that ground, but a court, in considering whether the by-law represents a reasonable exercise of the power under which the by-law was made, must take the infringement into account. (4) A by-law should be consistent with other legislation applying in the council's area. (5) A by-law should avoid duplication of, or overlap with, other legislation. (6) This section does not affect the validity of a by-law made before the commencement of this Act.