Local Laws

A local government has the legislative power to make local laws under sections 3.5 – 3.10 of the Local Government Act 1995 and Regulations 37 and 38 of the Local Government (Functions and General) Regulations 1996 for the good government of its district. These local laws can only apply to the district in which the local government has power to govern.

Local Laws can only be made when authorised by the Local Government Act 1995 or other written laws but cannot be inconsistent with any State or Federal law. The types of laws made by local governments cover areas such as car parking, activities on thoroughfares, public places and council and committee meetings.

Local laws are defined as subsidiary legislation which are capable of disallowance by either House of Parliament under section 42 of the Interpretation Act 1984. Disallowance is the device by which the Parliament maintains control of the power to make subsidiary legislation that it has delegated, by primary legislation (Acts of Parliament), to local governments, State Departments and other agencies of Government. In the case of local governments, this power is granted by the Local Government Act 1995 and other particular Acts such as the Health Act 1911 and the Dog Act 1976.