Part 15Miscellaneous

Part 15—Miscellaneous 91—Elected person refusing to act A duly qualified person who, having been duly appointed or elected as a member of a council— (a) refuses to assume office and to act in it; or (b) neglects to assume the office and to act in it for the first three ordinary meetings of the council (without leave of the council), Maximum penalty: $750. 91A—Conduct of council during election period (1) A council must, within 6 months of the commencement of this section, prepare and adopt a caretaker policy governing the conduct of the council and its staff during the election period for a general election. (2) Subject to this section, the caretaker policy must, as a minimum— (a) prohibit the making of a designated decision; and (b) prohibit the use of council resources for the advantage of a particular candidate or group of candidates, during the election period. (2a) Nothing in subsection (2)(b) prevents a caretaker policy from allowing the equal use of council resources by all candidates for election. (3) If a council considers that there are extraordinary circumstances which require the making of a designated decision during the election period, the council may apply in writing to the Minister for an exemption from the application of this section to the designated decision specified in the application. (4) If the Minister is satisfied that there are extraordinary circumstances, the Minister may grant an exemption from the application of this section to the designated decision specified in the application subject to any conditions or limitations that the Minister considers appropriate. (5) A designated decision made by a council in contravention of this section or the caretaker policy of the council is invalid. (6) Any person who suffers any loss or damage as a result of acting in good faith on a designated decision made in contravention of this section or a caretaker policy is entitled to compensation from the council for that loss or damage. designated decision means a decision— (a) relating to the employment or remuneration of a chief executive officer, other than a decision to appoint an acting chief executive officer; or (b) to terminate the appointment of a chief executive officer; or (c) to enter into a contract, arrangement or understanding (other than a prescribed contract) the total value of which exceeds whichever is the greater of $100 000 or 1% of the council's revenue from rates in the preceding financial year, other than a decision of a kind excluded from this definition by regulation; election period in relation to an election, means the period commencing on— (a) the day of the close of nominations for the election; or (b) if a council has specified a day (being a day that falls earlier than the day of the close of nominations) in its caretaker policy—the specified day, and expiring at the conclusion of the election; prescribed contract means a contract entered into by a council for the purpose of undertaking— (a) road construction or maintenance; or (b) drainage works. 91B—Council to hold public meeting for general election except in certain circumstances (1) A council must, during the period commencing after the close of nominations and before polling day for a general election, hold at least 1 meeting involving any candidates who wish to participate and members of the public relating to— (a) issues in the community relevant to the election; and (b) informing members of the public of the policies and views of candidates. (2) A meeting held by a council under this section may be held remotely using audio visual technology or any other means of communication determined appropriate by the council (and nothing in this section is to be taken to require candidates and members of the public to be physically present at the meeting). (3) A meeting held by a council under this section must be presided over by the chief executive officer of the council, or a person appointed by the chief executive officer (who must not be a candidate in the general election). (4) This section does not apply in relation to a council if the council's caretaker policy— (a) provides that a public meeting of a kind referred to in this section will not be held in respect of general elections; and (b) includes a statement, certified by the principal member, setting out the council's reasons for not holding a public meeting. 92—Electoral Commissioner may conduct investigations etc (1) The Electoral Commissioner may— (a) make an investigation into any matter concerning the operation or administration of this Act, including a matter that may involve a breach of this Act; or (ab) issue a formal reprimand to a person who, in the opinion of the Electoral Commissioner, has been guilty of a breach of this Act; or (b) bring proceedings for an offence against this Act. (2) If the Electoral Commissioner decides to take action as a result of an investigation under subsection (1) (including by bringing proceedings for an offence) and it appears to the Electoral Commissioner that a council has a material interest in the matter, the Electoral Commissioner must provide a written report on the matter to the council. (3) The Electoral Commissioner may, in connection with any matter concerning the operation or administration of this Act, seize and retain, or issue a seizure order in respect of, anything that the Electoral Commissioner reasonably suspects has been used in, or may constitute evidence of, a contravention of this Act. (4) A seizure order under this section— (a) must be in the form of a written notice served on the owner or person in control of the thing to which the order relates; and (b) may be varied or revoked by further such written notice. (5) If a seizure order is issued, a person who removes or interferes with the thing to which the order relates without the approval of the Electoral Commissioner before an order is made under subsection (6)(b) in respect of the thing or the seizure order is discharged under subsection (6)(c) is guilty of an offence. (6) If a thing has been seized or made subject to a seizure order, the following provisions apply: (a) the thing must, if it has been seized, be held pending proceedings for an offence against this Act related to the thing seized, unless the Electoral Commissioner, on application, authorises its release to the person from whom it was seized, or to any person who had legal title to it at the time of its seizure, subject to such conditions as the Electoral Commissioner thinks fit (including conditions as to the giving of security for satisfaction of an order under paragraph (b)(ii)); (b) if proceedings for an offence against this Act relating to the thing are instituted within the prescribed period after its seizure or the issuing of the seizure order and the defendant is convicted or found guilty of the offence, the court may— (i) order that it be forfeited to the Electoral Commissioner; or (ii) if it has been released pursuant to paragraph (a) or is the subject of a seizure order—order that it be forfeited to the Electoral Commissioner or that the person to whom it was released or the defendant pay to the Electoral Commissioner an amount equal to its market value at the time of its seizure or the issuing of the seizure order, as the court thinks fit; (c) if— (i) proceedings are not instituted for an offence against this Act relating to the thing within the prescribed period after its seizure or the issuing of the seizure order; or (ii) proceedings have been so instituted and— (A) the defendant is found not guilty of the offence; or (B) the defendant is convicted or found guilty of the offence but no order for forfeiture is made under paragraph (b), then— (iii) in the case of a thing seized—the person from whom the thing was seized, or any person with legal title to it, is entitled to recover from the Electoral Commissioner (if necessary, by action in a court of competent jurisdiction) the thing itself, or if it has been damaged or destroyed, compensation of an amount equal to its market value at the time of its seizure; or (iv) in the case of a thing subject to a seizure order—the order is discharged. (7) In subsection (6)— the prescribed period means 6 months or such longer period as a magistrate may, on application by the Electoral Commissioner, allow. 92A—Forms (1) Subject to any provision made by another provision of this Act or by the regulations, the Electoral Commissioner may, by notice in the Gazette— (a) determine the form of any voting material under this Act; (b) make other determinations as to the forms that are to be used for the purposes of this Act. (2) A determination under subsection (1) may make different provision according to the circumstances to which it is expressed to apply. (3) A person must, if relevant, use a form required by a determination of the Electoral Commissioner under subsection (1) (and, in doing so, must comply with any relevant requirement imposed by the Electoral Commissioner relating to the completion of the form or the provision of information or material in association with the form). (4) The Electoral Commissioner should, so far as is reasonably practicable, consult with the LGA before making a determination under subsection (1). 93—Regulations (1) The Governor may make such regulations as are contemplated by this Act, or as are necessary or expedient for the purposes of this Act. (1a) The regulations may provide that a matter or thing is to be determined, dispensed with, regulated or prohibited according to the discretion of the Electoral Commissioner or any prescribed authority. (2) Subject to the Schedule, a regulation may prescribe a penalty (not exceeding $2 500) for contravention of, or failure to comply with, the regulation. (2a) The regulations may prescribe provisions of a savings or transitional nature consequent on the amendment of this Act by another Act. (3) The Minister should consult with the LGA before a regulation is made under this Act. Legislative history Notes • Amendments of this version that are uncommenced are not incorporated into the text. • Please 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. • Earlier versions of this Act (historical versions) are listed at the end of the legislative history. • For 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. Principal Act and amendments New entries appear in bold. Year No Title Assent Commencement Local Government (Elections) Act 1999 26.8.1999 1.1.2000 (Gazette 9.12.1999 p3113) Statutes Amendment (Local Government Elections) Act 2005 14.7.2005 Pt 4 (ss 23—27, 29, 30, 43—45, 47—51) & Sch 1 (cll 1—4, 5(2), 6—9)—18.8.2005; ss 28, 31—42, 46 & Sch 1 (cl 5(1))—1.1.2006 (Gazette 18.8.2005 p3058) Statutes Amendment (New Rules of Civil Procedure) Act 2006 6.7.2006 Pt 47 (s 162)—4.9.2006 (Gazette 17.8.2006 p2831) Local Government (Elections) (Miscellaneous) Amendment Act 2009 5.11.2009 Pt 2 (ss 4—22) & Sch 1 (cl 4)—21.12.2009 (Gazette 10.12.2009 p6167) Supreme Court (Court of Appeal) Amendment Act 2019 19.12.2019 Sch 1 (cl 60)—1.1.2021 (Gazette 10.12.2020 p5638) Statutes Amendment (Local Government Review) Act 2021 17.6.2021 Pt 3 (s 173)—20.9.2021; ss 148(2), 149, 150(1) to (4), (6) & (7), substitution of s 6(7) and deletion of s 6(8) by ss 150(9), 152 to 154, 156 to 159, 161 to 172, 175 to 189—10.11.2021 (Gazette 16.9.2021 p3548); ss 150(5) & (8), insertion of s 6(8) by s 150(9), ss 151, 160 & 174—7.7.2022 (Gazette 7.7.2022 p2130); s 155—11.12.2025 (Gazette 11.12.2025 p4825); s 148(1)—uncommenced Statutes Amendment (Local Government Elections Review) Act 2025 27.11.2025 Pt 2 (ss 3 to 26)—1.1.2026 (Gazette 18.12.2025 p4962) Provisions amended New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement Pt 1 s 2 omitted under Legislation Revision and Publication Act 2002 s 4 s 4(1) designated person inserted by 50/2009 s 4 amended by 63/2025 s 3(1) public notice substituted by 26/2021 s 148(1) uncommenced—not incorporated registered industrial organisation deleted by 26/2021 s 148(2) State elector inserted by 63/2025 s 3(2) voting material amended by 35/2005 s 23(1) Pt 2 s 5 substituted by 35/2005 s 24 substituted by 26/2021 s 149 amended by 63/2025 s 4 s 6 s 6(2) amended by 35/2005 s 25(1) amended by 50/2009 s 5(1) amended by 26/2021 s 150(1)—(4) amended by 26/2021 s 150(5) amended by 63/2025 s 5(1), (2) s 6(3) amended by 35/2005 s 25(2) amended by 50/2009 s 5(2) amended by 26/2021 s 150(6), (7) s 6(4a) and (4b) inserted by 26/2021 s 150(8) s 6(7) substituted by 26/2021 s 150(9) s 6(8) deleted by 26/2021 s 150(9) inserted by 26/2021 s 150(9) s 6A inserted by 26/2021 s 151 s 7 s 7(1) inserted by 63/2025 s 6 s 7(2) s 7(2a) inserted by 35/2005 s 26(1) s 7(3) amended by 35/2005 s 26(2) amended by 26/2021 s 152(1) s 7(4) amended by 35/2005 s 26(3) amended by 26/2021 s 152(2) s 8 s 8(1a) inserted by 26/2021 s 153(1) amended by 63/2025 s 7 s 8(2) amended by 26/2021 s 153(2) s 9 s 9(3) substituted by 26/2021 s 154(1) s 9(6) substituted by 35/2005 s 27 substituted by 26/2021 s 154(2) Pt 3 s 10 heading amended by 63/2025 s 8(1) s 10(3) deleted by 63/2025 s 8(2) s 10(9) deleted by 63/2025 s 8(2) s 13A inserted by 50/2009 s 7 s 13A(2) amended by 26/2021 s 155(1) s 13A(3) inserted by 26/2021 s 155(2) Pt 4 s 14 s 14(1) amended by 35/2005 s 28(1), (2) amended by 50/2009 s 8(1)—(5) amended by 63/2025 s 9(1), (3) (ab)(i) deleted by 63/2025 s 9(2) s 14(1a) inserted by 50/2009 s 8(6) s 14(3) amended by 50/2009 s 8(7) deleted by 63/2025 s 9(4) s 14(3a) and (3b) inserted by 50/2009 s 8(8) s 14(3c) inserted by 50/2009 s 8(8) amended by 63/2025 s 9(5) s 14(4) deleted by 50/2009 s 8(9) inserted by 63/2025 s 9(6) s 14(5) deleted by 50/2009 s 8(9) s 14(6) amended by 50/2009 s 8(10) s 14(8) inserted by 35/2005 s 28(3) amended by 50/2009 s 8(11) s 14(9) inserted by 50/2009 s 8(12) s 15 s 15(2) amended by 50/2009 s 9(1) s 15(5a) and (5b) inserted by 50/2009 s 9(2) s 15(6) amended by 63/2025 s 10(1) s 15(7) amended by 35/2005 s 29(1) s 15(9) substituted by 35/2005 s 29(2) s 15(10) amended by 50/2009 s 9(3) amended by 26/2021 s 156(1) s 15(13) amended by 26/2021 s 156(2) amended by 63/2025 s 10(2) s 15(13a) inserted by 26/2021 s 156(3) s 15(15) substituted by 50/2009 s 9(4) amended by 26/2021 s 156(4) substituted by 63/2025 s 10(3) s 15(20) inserted by 26/2021 s 156(5) Pt 5 s 16 s 16(1) amended by 50/2009 s 10(1) s 16(1a) inserted by 50/2009 s 10(2) s 16(2) substituted by 50/2009 s 10(3) s 16(3) deleted by 50/2009 s 10(3) s 16(4) substituted by 35/2005 s 30 deleted by 50/2009 s 10(3) s 16(7) amended by 50/2009 s 10(4) s 16(8) deleted by 50/2009 s 10(5) s 16(10) substituted by 50/2009 s 10(6) Pt 6 s 17 s 17(1) amended by 50/2009 s 11(1) amended by 26/2021 s 157(1)—(4) s 17(2) amended by 35/2005 s 31 deleted by 50/2009 s 11(2) inserted by 26/2021 s 157(5) s 17(3) amended by 63/2025 s 11 s 17(5) deleted by 26/2021 s 157(6) s 18 substituted by 35/2005 s 32 s 19 s 19(1) amended by 35/2005 s 33(1) s 19(2) substituted by 35/2005 s 33(2) s 19(4) amended by 35/2005 s 33(3) s 19(7) inserted by 35/2005 s 33(4) s 19A inserted by 50/2009 s 12 s 19A(1) deleted by 26/2021 s 158(1) s 19A(2) substituted by 26/2021 s 158(2) s 19A(3) deleted by 26/2021 s 158(2) s 19A(4) amended by 26/2021 s 158(3)—(5) s 19A(5) deleted by 26/2021 s 158(6) s 21 substituted by 26/2021 s 159 s 21(1) inserted by 63/2025 s 12 s 21(2) s 21 redesignated as s 21(2) by 63/2025 s 12 s 22 s 22(1) amended by 35/2005 s 34(1) s 22(2) amended by 35/2005 s 34(2) s 23 amended by 35/2005 s 35 s 25 s 25(1aa) inserted by 63/2025 s 13 s 25(1a) inserted by 26/2021 s 160(1) s 25(2) amended by 26/2021 s 160(2) s 25(3) inserted by 26/2021 s 160(3) s 26 s 26(1) amended by 35/2005 s 36(1) s 26(2) amended by 35/2005 s 36(2) Pt 7 s 27 s 27(1) amended by 26/2021 s 161(1) s 27(1a) inserted by 26/2021 s 161(2) s 27(2) amended by 26/2021 s 161(3) s 27(4) and (5) inserted by 26/2021 s 161(4) s 28 s 28(1) amended by 50/2009 s 13(1) s 28(1a) inserted by 26/2021 s 162(1) s 28(2a) inserted by 50/2009 s 13(2) s 28(2b) inserted by 26/2021 s 162(2) Pt 8 s 29 s 29(3) substituted by 35/2005 s 37 amended by 50/2009 s 14 substituted by 26/2021 s 163 substituted by 63/2025 s 14 s 31 s 31(1) amended by 26/2021 s 164 s 35 amended by 26/2021 s 165 Pt 9 heading substituted by 26/2021 s 166 s 37 s 37(1) amended by 26/2021 s 167(1) s 37(2) amended by 26/2021 s 167(2) s 38 amended by 26/2021 s 168 s 39 s 39(1) amended by 35/2005 s 38(1) amended by 50/2009 s 15(1) substituted by 26/2021 s 169(1) amended by 63/2025 s 15 s 39(4) amended by 35/2005 s 38(2), (3) substituted by 26/2021 s 169(2) s 39(5) amended by 35/2005 s 38(4) s 39(7) amended by 50/2009 s 15(2) s 39(12) inserted by 35/2005 s 38(5) s 40 s 40(1) amended by 35/2005 s 39 s 41 s 41(1) s 41 amended and redesignated as s 41(1) by 35/2005 s 40(1), (2) s 41(2) and (3) inserted by 35/2005 s 40(2) s 41A inserted by 26/2021 s 170 s 41B inserted by 63/2025 s 16 s 42 amended by 35/2005 s 41 s 43 s 43(4) inserted by 35/2005 s 42 substituted by 26/2021 s 171 Pt 11 s 47 s 47(1) substituted by 35/2005 s 43 substituted by 26/2021 s 172 amended by 63/2025 s 17(1) s 47(2) amended by 50/2009 s 16(1), (2) (a)(iv) deleted by 50/2009 s 16(3) amended by 63/2025 s 17(2) s 48 s 48(1) amended by 26/2021 s 173(1) s 48(1a) inserted by 26/2021 s 173(2) s 48(2) and (3) amended by 26/2021 s 173(3) s 48(4) amended by 35/2005 s 44 amended by 26/2021 s 173(4), (5) s 49 s 49(1) amended by 35/2005 s 45(1) s 49(2) amended by 35/2005 s 45(2) s 51 s 51(1) substituted by 35/2005 s 46 s 51(1a) inserted by 35/2005 s 46 s 53 s 53(1) amended by 35/2005 s 47(1) s 53(2) amended by 35/2005 s 47(2) s 55A inserted by 35/2005 s 48 s 55A(2) substituted by 26/2021 s 174 s 55A(3) and (4) deleted by 26/2021 s 174 Pt 12 s 57 s 57(3) bribe amended by 26/2021 s 175 s 62A inserted by 63/2025 s 18 s 66A inserted by 63/2025 s 19 Pt 13 s 69A inserted by 26/2021 s 176 s 69A(2) amended by 63/2025 s 20 s 70 s 70(1) amended by 26/2021 s 177 s 73 s 73(5) and (6) inserted by 26/2021 s 178 s 77 substituted by 17/2006 s 162 4.9.2006 amended by 45/2019 Sch 1 cl 60 1.1.2021 Pt 14 s 80 before substitution by 26/2021 s 80(1) amended by 50/2009 s 17 s 80 substituted by 26/2021 s 179 s 81 before substitution by 63/2025 s 81(1) amended by 26/2021 s 180(1), (2) s 81(2) amended by 26/2021 s 180(3) s 81(3) amended by 50/2009 s 18 deleted by 26/2021 s 180(4) s 81 ss 81A and 81B inserted by 26/2021 s 181 s 82 s 82(3) amended by 26/2021 s 182 s 83 amended by 26/2021 s 183 s 84 s 84(1) amended by 26/2021 s 184(1) s 84(2) amended by 26/2021 s 184(2) s 84(3) amended by 26/2021 s 184(3) s 86 s 86(1) amended by 26/2021 s 185(1) amended by 63/2025 s 22(1), (2) s 86(2a) inserted by 63/2025 s 22(3) s 86(3) amended by 26/2021 s 185(2) note deleted by 63/2025 s 22(4) s 87 s 87(1) substituted by 26/2021 s 186(1) s 87(2) substituted by 26/2021 s 186(1) substituted by 63/2025 s 23 s 87(3) and (4) deleted by 26/2021 s 186(1) s 87(5) amended by 50/2009 s 19 amended by 26/2021 s 186(2) s 89 s 89(2) amended by 50/2009 s 20 amended by 26/2021 s 187 Pt 15 s 91A inserted by 50/2009 s 21 s 91A(2) substituted by 26/2021 s 188(1) s 91A(2a) inserted by 26/2021 s 188(1) s 91A(7) deleted by 63/2025 s 24 s 91A(8) designated decision (d) deleted by 26/2021 s 188(2) s 91B inserted by 63/2025 s 25 s 92 s 92(1) amended by 35/2005 s 49(1) s 92(3) inserted by 35/2005 s 49(2) s 92(4)—(7) inserted by 35/2005 s 49(2) s 92A inserted by 35/2005 s 50 s 93 s 93(1a) inserted by 26/2021 s 189 s 93(2a) inserted by 63/2025 s 26 s 93(3) inserted by 50/2009 s 22 Sch deleted by 35/2005 s 51 Transitional etc provisions associated with Act or amendments Statutes Amendment (Local Government Elections) Act 2005, Sch 1—Transitional provisions 1—Interpretation In this Schedule— 2006 periodic elections means the periodic elections to determine the membership of councils to be held in 2006 according to section 5 of the Local Government (Elections) Act 1999, as substituted by this Act. 2—Term of office A member of a council— (a) holding office immediately before the commencement of this clause; or (b) elected or appointed after the commencement of this clause and before the close of nominations for the 2006 periodic elections, may, subject to the provisions of the Local Government Act 1999, the Local Government (Elections) Act 1999 or the City of Adelaide Act 1998 (as the case requires), continue to hold his or her office until the conclusion of the 2006 periodic elections for the relevant office. 3—Allowances (1) A council may— (a) review the allowances to be payable to its members under section 24 of the City of Adelaide Act 1998 or section 76 of the Local Government Act 1999 (as the case requires) to take into account any relevant provision made by regulation on account of the enactment of this Act; (b) as may be required, fix or apply allowances for any period up to the conclusion of the 2006 periodic election. (2) An allowance under subclause (1) must be recorded in the Register of Allowances and Benefits for the relevant council. 4—Training and development policy A council is not required to have a training and development policy under section 80A of the Local Government Act 1999 until 1 July 2006. 5—Rolls and electoral processes (1) The chief executive officer of a council cannot rely on subsection (8) of section 14 of the Local Government (Elections) Act 1999 (as enacted by this Act) with respect to an entry on a voters roll at the time of the commencement of this subclause unless— (a) the chief executive officer has sent a notice addressed to the relevant person at the rateable property advising the person about the operation of that section and the entitlements that apply with respect to the enrolment of residents; and (b) the chief executive officer receives no reply within 28 days of the notice (or receives a reply within that period but the reply does not establish, to the satisfaction of the chief executive officer, that the person is an occupier within the ambit of section 14(1)(a)(iv) or (c)(iv) of the Local Government (Elections) Act 1999). (2) To avoid doubt— (a) any roll prepared under Schedule 1 of the City of Adelaide Act 1998 will, until revised, have effect under the Local Government (Elections) Act 1999; and (b) any application or other process made, commenced or dealt with under the City of Adelaide Act 1998 will (if relevant) have effect for the purposes of the Local Government (Elections) Act 1999. 6—Review of council structures (1) If a council has, before the commencement of this clause, commenced a review under section 12 of the Local Government Act 1999 by the publication of a notice under subsection (5) of that section (as in existence before the amendment of that section by this Act), the council may continue with the process as set out in that section as if it had not been amended until an appropriate certificate is obtained from the Electoral Commissioner under that section. (2) However, if— (a) a proposal within the ambit of subclause (1) proposes that the composition of the relevant council be altered so that— (i) the council will have a chairperson rather than a mayor; or (ii) the council will have a mayor rather than a chairperson; and (b) the council has not, before the commencement of this clause, referred its report on the proposal to the Electoral Commissioner under section 12(12) of the Local Government Act 1999, the proposal cannot proceed unless or until it is approved at a poll in the manner contemplated by section 12(11c) and (11d) of the Local Government Act 1999 as enacted by this Act. (3) A proposal within the ambit of subclause (1) will then take effect in accordance with section 12(11b) and (18) of the Local Government Act 1999 as enacted by this Act. 7—Change to principal member (1) In addition to the operation of clause 6, if, at the time of the commencement of this clause— (a) — (i) a council is undertaking a review of its composition under section 12 of the Local Government Act 1999 and has referred its report on its proposal or proposals to the Electoral Commissioner under subsection (12) of that section; and (ii) a proposal is that the composition of the council be altered so that— (A) the council will have a chairperson rather than a mayor; or (B) the council will have a mayor rather than a chairperson; or (i) a council has completed a review under section 12 of the Local Government Act 1999; and (ii) a proposal arising from the review is that the composition of the council be altered so that— (A) the council will have a chairperson rather than a mayor; or (B) the council will have a mayor rather than a chairperson; and (iii) the composition of the council is to be altered as from the next general election of members of the council, then despite the operation of section 12 of the Local Government Act 1999 (and anything that would otherwise take effect if it were not for the operation of this provision), the proposal cannot take effect unless or until it is approved at a poll of electors for the relevant area as if it were a proposal within the ambit of clause 6(2) (and accordingly subject to the requirements of section 12(11c) and (11d) of the Local Government Act 1999 as enacted by this Act). (2) A proposal that is approved under subclause (1) will then have effect in accordance with a determination of the Electoral Commissioner under this clause. 8—Special provision—LGFA (1) In this clause— representative member of the LGFA Board means a representative member of the Board of the Local Government Finance Authority of South Australia. (2) The Governor may, by proclamation— (a) extend the term of office of a person who, immediately before the date of the proclamation, is a representative member of the LGFA Board to a date fixed by the proclamation; (b) fix the term of office of a person who is to be elected or appointed (including by virtue of being re-elected or re-appointed) as a representative member of the LGFA Board to fill an office that will become vacant on the date fixed under paragraph (a). (3) A proclamation under this clause has effect despite section 8(1) of the Local Government Finance Authority Act 1983. 9—Other provisions (1) The Governor may, by regulation, make additional provisions of a saving or transitional nature consequent on the enactment of this Act. (2) A provision of a regulation made under subclause (1) may, if the regulation so provides, take effect from the commencement of this Act or from a later day. (3) To the extent to which a provision takes effect under subclause (2) from a day earlier than the day of the regulation's publication in the Gazette, the provision does not operate to the disadvantage of a person by— (a) decreasing the person's rights; or (b) imposing liabilities on the person. (4) The Acts Interpretation Act 1915 will, except to the extent of any inconsistency with the provisions of this Schedule (or regulations made under this clause), apply to any amendment or repeal effected by this Act. Local Government (Elections) (Miscellaneous) Amendment Act 2009, Sch 1 Pt 2—Transitional provisions 4—Section 12 of the Local Government Act 1999 (1) This clause applies to a council other than the Adelaide City Council. (2) Despite section 12(4) of the Local Government Act 1999, a comprehensive review that is required to occur under that subsection— (a) must not be commenced during the period beginning on the commencement of this clause and ending on the conclusion of the periodic election (within the meaning of the Local Government (Elections) Act 1999) to be conducted in 2010; and (b) if, but for the operation of paragraph (a), a council would have been required to commence the review during the period specified in paragraph (a)—must, instead, be commenced in 2011 and must be completed within a period specified by the Electoral Commissioner. (3) If a council has completed a comprehensive review within the period of 8 years before the commencement of this clause, the Electoral Commissioner may not give the council a notification under section 12(24)(b) of the Local Government Act 1999 until the expiration of 8 years from the completion of the review (but nothing in this subclause prevents the Electoral Commissioner from giving a notification to a council that has completed a review after the commencement of this clause). Historical versions 4.9.2006 1.1.2021