The power to create a by-law is provided in legislation. In the case of Council the most commonly used legislation to create a by-law is the Local Government Act 1993 (Part 11, Sections 145-174).

 

A by-law is considered to be subordinate legislation. That means it cannot override a provision already covered by State Parliament's legislation of Acts and Statutory Rules.

 

By-laws are required because in many cases the existing State legislation does not provide the level of detail required for the Council to effectively manage a function.

 

In creating a by-law, the Council is required to submit a draft of the by-law to the community for input/comment to the State Government through the Local Government Division and have it certified by a legal practitioner as not being in conflict with existing legislation. Before a by-law becomes law it must be signed by the Minister for Local Government and published in the Tasmanian Gazette.