Queensland Bills Queensland Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Local Government Bill 2009
Queensland
Local Government Bill 2009
Contents
Page
Chapter 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
3 Purpose of this Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
4 Local government principles underpin this Act. . . . . . . . . . . . . . . 18
5 How this Act applies to the Brisbane City Council . . . . . . . . . . . . 19
6 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Chapter 2 Local governments
Part 1 Local governments and their constitution, responsibilities
and powers
7 What this part is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
8 Local government's responsibility for local government areas . . . 20
9 Powers of local governments generally . . . . . . . . . . . . . . . . . . . . 21
10 Power includes power to conduct joint government activities. . . . 22
11 Who a local government is constituted by . . . . . . . . . . . . . . . . . . 23
12 Responsibilities of councillors . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
13 Responsibilities of local government employees . . . . . . . . . . . . . 25
Part 2 Divisions of local government areas
14 What this part is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
15 Division of local government areas . . . . . . . . . . . . . . . . . . . . . . . 27
16 Review of divisions of local government areas. . . . . . . . . . . . . . . 28
Part 3 Changing a local government area, name or representation
Division 1 Introduction
17 What this part is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Division 2 The process for change
18 Who may start the change process . . . . . . . . . . . . . . . . . . . . . . . 29
19 Assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Local Government Bill 2009
Contents
20 Implementation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
21 Decisions under this division are not subject to appeal . . . . . . . . 31
Division 3 The change commission
22 Change commission is established . . . . . . . . . . . . . . . . . . . . . . . 31
23 Casual commissioners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
24 Conflict of interests. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
25 Annual report of change commission . . . . . . . . . . . . . . . . . . . . . . 33
Chapter 3 The business of local governments
Part 1 Local laws
Division 1 Introduction
26 What this part is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
27 Interaction with State laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Division 2 Making, recording and reviewing local laws
28 Power to make a local law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
29 Local law making process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
30 Expiry of interim local law revives previous law . . . . . . . . . . . . . . 38
31 Local law register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
32 Consolidated versions of local laws . . . . . . . . . . . . . . . . . . . . . . . 38
33 Regular review of local laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
Division 3 Local laws that can not be made
34 What this division is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
35 Network connections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
36 Election advertising . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
37 Development processes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
38 Anti-competitive provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Part 2 Business enterprises and activities
Division 1 Beneficial enterprises
39 What this division is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
40 Conducting beneficial enterprises . . . . . . . . . . . . . . . . . . . . . . . . 42
41 Register of beneficial enterprises . . . . . . . . . . . . . . . . . . . . . . . . . 43
42 Planning for a beneficial enterprise with the private sector . . . . . 44
Division 2 Business reform, including competitive neutrality
43 What this division is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
44 Ways to apply the competitive neutrality principle . . . . . . . . . . . . 46
45 Identifying significant business activities . . . . . . . . . . . . . . . . . . . 46
46 Assessing public benefit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Page 2
Local Government Bill 2009
Contents
47 Code of competitive conduct . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
48 Competitive neutrality complaints. . . . . . . . . . . . . . . . . . . . . . . . . 49
Division 3 Responsibilities and liabilities of employees of corporate
entities
49 Director's duty to disclose interest in a matter . . . . . . . . . . . . . . . 50
50 Obligations of a corporate entity's employees . . . . . . . . . . . . . . . 51
51 Corporate entity must not insure against certain liabilities of
employees ................................. 52
52 When a corporate entity is not to indemnify employees . . . . . . . . 53
53 Prohibition on loans to directors . . . . . . . . . . . . . . . . . . . . . . . . . . 53
54 Duty to prevent insolvent trading . . . . . . . . . . . . . . . . . . . . . . . . . 54
55 Order for examination of persons concerned with corporate
entities ......................................... 56
56 Examination of persons concerned with corporate entities . . . . . 57
57 Relief from liability for malpractice . . . . . . . . . . . . . . . . . . . . . . . . 59
58 False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . 60
Part 3 Roads and other infrastructure
Division 1 Roads
59 What this division is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
60 Control of roads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
61 Notice of intention to acquire land to widen a road . . . . . . . . . . . 62
62 Compensation for a notice of intention to acquire land . . . . . . . . 63
63 Appeal on a claim for compensation . . . . . . . . . . . . . . . . . . . . . . 64
64 Acquisition of land instead of compensation . . . . . . . . . . . . . . . . 65
65 What is to happen if a realignment is not carried out . . . . . . . . . . 66
66 Compensation if realignment not carried out . . . . . . . . . . . . . . . . 66
67 Acquiring land for use as a footpath . . . . . . . . . . . . . . . . . . . . . . . 67
68 Notice to local government of opening or closing of roads. . . . . . 68
69 Closing roads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
70 Temporary roads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
71 Road levels. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
72 Assessment of impacts on roads from certain activities. . . . . . . . 71
73 Categorisation of roads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
74 Roads map and register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
75 Unauthorised works on roads. . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
Division 2 Stormwater drains
76 What this division is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
Page 3
Local Government Bill 2009
Contents
77 Connecting stormwater installation to stormwater drain. . . . . . . . 75
78 No connecting sewerage to stormwater drain . . . . . . . . . . . . . . . 75
79 No trade waste or prohibited substances in stormwater drain . . . 77
80 Interference with path of stormwater . . . . . . . . . . . . . . . . . . . . . . 79
Part 4 The business of indigenous regional councils
Division 1 Introduction
81 What this part is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
Division 2 Managing trust land
82 What this division is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
83 Trustee business must be conducted separately . . . . . . . . . . . . . 81
84 Meetings about trust land generally open to the public . . . . . . . . 81
85 Community forum input on trust change proposals . . . . . . . . . . . 82
86 Grouping of trust land not available . . . . . . . . . . . . . . . . . . . . . . . 83
Division 3 Community forums
87 Community forums . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
88 Members of a community forum . . . . . . . . . . . . . . . . . . . . . . . . . . 85
89 Payments to elected members of a community forum . . . . . . . . . 85
90 Convenors for a community forum . . . . . . . . . . . . . . . . . . . . . . . . 86
Chapter 4 Finances and accountability
Part 1 Rates and charges
91 What this part is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
92 Types of rates and charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
93 Land on which rates are levied. . . . . . . . . . . . . . . . . . . . . . . . . . . 89
94 Power to levy rates and charges . . . . . . . . . . . . . . . . . . . . . . . . . 91
95 Overdue rates are a charge over land . . . . . . . . . . . . . . . . . . . . . 91
96 Regulations for rates and charges . . . . . . . . . . . . . . . . . . . . . . . . 92
Part 2 Fees
97 Cost-recovery fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
98 Register of cost-recovery fees . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
99 Fees on occupiers of land below the high-water mark . . . . . . . . . 94
100 Fees on residents of indigenous local government areas . . . . . . 95
Part 3 Financial sustainability and accountability
101 Statutory Bodies Financial Arrangements Act applies to local
governments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
102 Financial sustainability criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
103 Financial management systems. . . . . . . . . . . . . . . . . . . . . . . . . . 96
Page 4
Local Government Bill 2009
Contents
104 Financial management, planning and accountability documents . 96
105 Auditing, including internal auditing . . . . . . . . . . . . . . . . . . . . . . . 98
106 Sound contracting principles . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
107 Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
Part 4 Councillor's financial accountability
108 Misappropriation offence applies . . . . . . . . . . . . . . . . . . . . . . . . . 100
109 Councillor's discretionary funds . . . . . . . . . . . . . . . . . . . . . . . . . . 100
110 Councillor's liable for improper disbursements . . . . . . . . . . . . . . . 101
111 Councillor's liable for loans to individuals . . . . . . . . . . . . . . . . . . . 101
112 Councillor's liable for improper borrowings . . . . . . . . . . . . . . . . . . 102
Chapter 5 Monitoring and enforcing the Local Government Acts
Part 1 Local governments
Division 1 Introduction
113 What this part is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
114 Decisions under this part are not subject to appeal . . . . . . . . . . . 104
Division 2 Monitoring and evaluation
115 Gathering information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
116 Acting on the information gathered . . . . . . . . . . . . . . . . . . . . . . . 104
117 Advisors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
118 Financial controllers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
119 Costs and expenses of advisors and financial controllers . . . . . . 107
Division 3 Action by the Minister
120 Precondition to remedial action . . . . . . . . . . . . . . . . . . . . . . . . . . 107
121 Removing unsound decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
122 Removing a councillor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
123 Dissolving a local government . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
124 Interim administrator acts for the councillors temporarily . . . . . . . 111
Part 2 The public
Division 1 Powers of authorised persons
Subdivision 1 Introduction
125 What this division is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
126 Producing authorised person's identity card. . . . . . . . . . . . . . . . . 114
Subdivision 2 Power to require a person's name and address
127 Power to require a person's name and address . . . . . . . . . . . . . . 114
Page 5
Local Government Bill 2009
Contents
Subdivision 3 Powers to enter property etc.
128 Entering a public place that is open without the need for
permission ...................................... 115
129 Entering private property with, and in accordance with, the
occupier's permission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
130 Entering private property with, and in accordance with, a
warrant ................................... 117
131 Warrants--applications made electronically. . . . . . . . . . . . . . . . . 119
132 Entering under an application, permit or notice . . . . . . . . . . . . . . 121
133 Entering property under an approved inspection program . . . . . . 122
134 Approving an inspection program. . . . . . . . . . . . . . . . . . . . . . . . . 123
135 General powers after entering a property. . . . . . . . . . . . . . . . . . . 125
136 Authorised person to give notice of damage . . . . . . . . . . . . . . . . 126
137 Compensation for damage or loss caused after entry . . . . . . . . . 127
Division 2 Powers of other persons
138 What this division is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
139 Entry with, and in accordance with, permission of occupier. . . . . 129
140 Entry by an owner, with reasonable written notice, under a
remedial notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
141 Occupier may discharge owner's obligations . . . . . . . . . . . . . . . . 130
142 Entry by a local government worker, with reasonable written
notice, under a remedial notice . . . . . . . . . . . . . . . . . . . . . . . . . . 130
143 Entry by a local government worker, with reasonable written
notice, to take materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
144 Entry by a local government worker, at reasonable times, to
repair etc. facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
145 Entry by a local government worker, at any time, for urgent
action ................................... 134
146 Entry with, and in accordance with, a court order . . . . . . . . . . . . 134
147 Compensation for damage or loss caused . . . . . . . . . . . . . . . . . . 136
148 Limitation of time in absence of notice of work done . . . . . . . . . . 137
Division 3 Offences
149 Obstructing enforcement of Local Government Acts . . . . . . . . . . 137
150 Impersonating an authorised person . . . . . . . . . . . . . . . . . . . . . . 137
Chapter 6 Administration
Part 1 Introduction
151 What this chapter is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
Page 6
Local Government Bill 2009
Contents
Part 2 Councillors
Division 1 Qualifications of councillors
152 Qualifications of councillors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
153 Disqualification for certain offences . . . . . . . . . . . . . . . . . . . . . . . 139
154 Disqualification of prisoners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
155 Disqualification because of other high office . . . . . . . . . . . . . . . . 141
156 Disqualification during bankruptcy . . . . . . . . . . . . . . . . . . . . . . . . 142
157 Judicial review of qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . 142
158 Acting as councillor without authority . . . . . . . . . . . . . . . . . . . . . . 142
Division 2 Councillor's term of office
159 When a councillor's term starts . . . . . . . . . . . . . . . . . . . . . . . . . . 143
160 When a councillor's term ends . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
Division 3 Vacancies in councillor's office
161 What this division is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
162 When a councillor's office becomes vacant . . . . . . . . . . . . . . . . . 145
163 When a vacancy in an office must be filled . . . . . . . . . . . . . . . . . 145
164 Filling a vacancy in the office of mayor. . . . . . . . . . . . . . . . . . . . . 146
165 Acting mayor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146
166 Filling a vacancy in the office of another councillor . . . . . . . . . . . 147
Division 4 Councillors with other jobs
167 Councillors and local government jobs. . . . . . . . . . . . . . . . . . . . . 148
168 Senior councillors and full-time government jobs . . . . . . . . . . . . . 149
Division 5 Obligations of councillors
169 Obligations of councillors before acting in office . . . . . . . . . . . . . 150
170 Giving directions to local government staff. . . . . . . . . . . . . . . . . . 151
171 Use of information by councillors . . . . . . . . . . . . . . . . . . . . . . . . . 151
172 Councillor's material personal interest at a meeting. . . . . . . . . . . 151
173 Councillor's conflict of interest at a meeting . . . . . . . . . . . . . . . . . 153
174 Duty to report another councillor's material personal interest,
conflict of interest or misconduct . . . . . . . . . . . . . . . . . . . . . . . . . 154
175 Post-election meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155
Division 6 Conduct and performance of councillors
176 What this division is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156
177 Assessing complaints. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158
178 Notifying councillor of the hearing of a complaint of misconduct . 161
179 Hearing and deciding complaints . . . . . . . . . . . . . . . . . . . . . . . . . 161
Page 7
Local Government Bill 2009
Contents
180 Taking disciplinary action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162
181 Inappropriate conduct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164
182 Department's chief executive is public official for CMC Act . . . . . 165
Part 3 The tribunal
183 Establishing the tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165
184 Members of tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166
185 Remuneration and appointment conditions of members . . . . . . . 167
186 Costs of tribunal to be met by local government . . . . . . . . . . . . . 168
187 Conflict of interests. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168
188 Assistance from departmental staff . . . . . . . . . . . . . . . . . . . . . . . 168
Part 4 Regional conduct review panels
189 Appointing members of regional conduct review panels . . . . . . . 168
190 Remuneration and appointment conditions of members . . . . . . . 170
191 Costs of regional conduct review panels to be met by local
government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170
192 Conflict of interests. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 171
193 Assistance from departmental staff . . . . . . . . . . . . . . . . . . . . . . . 171
Part 5 Local government employees
Division 1 Chief executive officer
194 Appointing a chief executive officer . . . . . . . . . . . . . . . . . . . . . . . 171
195 Appointing an acting chief executive officer . . . . . . . . . . . . . . . . . 172
Division 2 Other local government employees
196 Appointing other local government employees. . . . . . . . . . . . . . . 172
197 Disciplinary action against local government employees . . . . . . . 173
Division 3 Common provisions
198 Concurrent employment of local government employees. . . . . . . 173
199 Improper conduct by local government employees . . . . . . . . . . . 174
200 Improper use of information by local government employees . . . 174
201 Annual report must detail remuneration . . . . . . . . . . . . . . . . . . . . 176
Part 6 Authorised persons
202 Appointing authorised persons. . . . . . . . . . . . . . . . . . . . . . . . . . . 177
203 End of appointment of authorised persons. . . . . . . . . . . . . . . . . . 177
204 Identity card for authorised persons . . . . . . . . . . . . . . . . . . . . . . . 178
Part 7 Interim management
205 Interim management committee. . . . . . . . . . . . . . . . . . . . . . . . . . 179
Page 8
Local Government Bill 2009
Contents
206 Conditions of appointment as interim administrator or member
of committee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 179
207 End of appointment of interim management . . . . . . . . . . . . . . . . 179
Part 8 The superannuation board
208 Superannuation board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180
209 Board's responsibilities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180
210 Board of directors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181
211 Seal of the super board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181
Chapter 7 Other provisions
Part 1 Way to hold a hearing
212 What this part is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 182
213 Procedures at hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 182
214 Witnesses at hearings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 183
215 Contempt at hearing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 184
Part 2 Superannuation
216 What this part is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 184
217 LG super scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 185
218 Members of LG super scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . 185
219 Compulsory super contributions. . . . . . . . . . . . . . . . . . . . . . . . . . 186
220 Amount of compulsory contributions . . . . . . . . . . . . . . . . . . . . . . 188
221 Extra super contributions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 189
222 Adjusting super contributions when salary changed . . . . . . . . . . 189
223 Super contributions for non-contributory members . . . . . . . . . . . 190
224 Interest is payable on unpaid super contributions . . . . . . . . . . . . 191
225 Local governments must not establish employee
superannuation schemes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191
226 Super scheme for councillors . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191
227 Super schemes to be audited by auditor-general. . . . . . . . . . . . . 192
Part 3 Allocating Commonwealth funding to local governments
Division 1 Allocating Commonwealth funding
228 Allocating Commonwealth funding . . . . . . . . . . . . . . . . . . . . . . . . 192
229 Decisions under this division are not subject to appeal . . . . . . . . 193
Division 2 The grants commission
230 Grants commission is established . . . . . . . . . . . . . . . . . . . . . . . . 194
231 Members of grants commission . . . . . . . . . . . . . . . . . . . . . . . . . . 194
232 Conflict of interests. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195
Page 9
Local Government Bill 2009
Contents
233 Staff assistance to the grants commission . . . . . . . . . . . . . . . . . . 196
Part 4 Legal provisions
234 False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . 196
235 Administrators who act honestly and without negligence are
protected from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 197
236 Who is authorised to sign local government documents . . . . . . . 198
237 Name in proceedings by or against a local government. . . . . . . . 199
238 Service of documents on local governments . . . . . . . . . . . . . . . . 199
239 Substituted service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 199
240 Acting for a local government in legal proceedings . . . . . . . . . . . 200
241 Attempt to commit offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 200
242 Types of offences under this Act. . . . . . . . . . . . . . . . . . . . . . . . . . 200
243 Time to start proceedings in a summary way. . . . . . . . . . . . . . . . 202
244 Decisions not subject to appeal . . . . . . . . . . . . . . . . . . . . . . . . . . 202
245 Judges and other office holders not disqualified from
adjudicating ............................... 203
246 Where fines are to be paid to . . . . . . . . . . . . . . . . . . . . . . . . . . . . 203
247 Local government references in this Act . . . . . . . . . . . . . . . . . . . 203
248 Evidence of local laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 204
249 Evidence of proceedings of local government . . . . . . . . . . . . . . . 204
250 Evidentiary value of copies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 205
251 Evidentiary value of certificates . . . . . . . . . . . . . . . . . . . . . . . . . . 205
252 Evidence of directions given to local government . . . . . . . . . . . . 206
253 Evidence of complainant's knowledge of matter . . . . . . . . . . . . . 206
254 Constitution and limits of local government need not be proved . 206
Part 5 Delegation of powers
255 Delegation of Minister's powers . . . . . . . . . . . . . . . . . . . . . . . . . . 207
256 Delegation of department's chief executive's powers . . . . . . . . . . 207
257 Delegation of local government powers . . . . . . . . . . . . . . . . . . . . 207
258 Delegation of mayor's powers . . . . . . . . . . . . . . . . . . . . . . . . . . . 207
259 Delegation of chief executive officer powers . . . . . . . . . . . . . . . . 208
260 Local government delegations register . . . . . . . . . . . . . . . . . . . . 208
Part 6 Other provisions
261 Public office of a local government. . . . . . . . . . . . . . . . . . . . . . . . 209
262 Powers in support of responsibilities . . . . . . . . . . . . . . . . . . . . . . 209
263 Validity of local government proceedings . . . . . . . . . . . . . . . . . . . 209
Page 10
Local Government Bill 2009
Contents
264 Special entertainment precincts . . . . . . . . . . . . . . . . . . . . . . . . . . 210
265 Materials in infrastructure are local government property . . . . . . 211
266 Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 211
267 Review of this Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 211
268 Process for administrative action complaints . . . . . . . . . . . . . . . . 211
269 Information for the Minister. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 212
270 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 212
Chapter 8 Transitionals, savings and repeals
271 What this chapter is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 213
272 Local governments, including joint local governments . . . . . . . . . 213
273 Community governments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 214
274 Local service committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 215
275 Local government owned corporation . . . . . . . . . . . . . . . . . . . . . 215
276 Local laws. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 215
277 Decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 215
278 Proceedings and evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 216
279 Super trust deed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 216
280 Registers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 216
281 Remuneration schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 216
282 References to repealed LG Act . . . . . . . . . . . . . . . . . . . . . . . . . . 217
283 Continuation of instruments to implement reform. . . . . . . . . . . . . 217
284 Transitional regulation-making power . . . . . . . . . . . . . . . . . . . . . . 217
285 Administration of sinking fund for liquidation of current
borrowings ..................................... 218
286 Local Government Association. . . . . . . . . . . . . . . . . . . . . . . . . . . 218
287 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 219
Chapter 9 Amendments of Acts
Part 1 Amendment of Animal Management (Cats and Dogs) Act
2008
288 Act amended in pt 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 220
289 Amendment of s 9 (Who is an owner of a cat or dog) . . . . . . . . . 220
290 Amendment of s 13 (Supplier must ensure cat or dog is
implanted) ................................. 220
291 Omission of s 15 (Notice of changed identifying information) . . . 220
292 Amendment of s 44 (Registration obligation) . . . . . . . . . . . . . . . . 221
293 Amendment of s 45 (Cat or dog must bear identification in
particular circumstances) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 221
Page 11
Local Government Bill 2009
Contents
294 Amendment of s 47 (What registration form must state) . . . . . . . 222
295 Amendment of s 49 (Relevant local government must give
registration notice) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 222
296 Amendment of s 54 (Amendment of registration). . . . . . . . . . . . . 222
297 Amendment of s 55 (Relevant local government must give
notice of change) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 222
298 Amendment of s 56 (Relevant local government must give
renewal notice) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 222
299 Amendment of s 57 (What owner must do) . . . . . . . . . . . . . . . . . 223
300 Amendment of s 58 (Relevant local government must give
registration notice) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 223
301 Amendment of s 61 (What is a declared dangerous dog) . . . . . . 223
302 Amendment of s 62 (What is a declared menacing dog) . . . . . . . 224
303 Amendment of s 93 (Owner's obligations if proposed declaration
notice in force) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 224
304 Amendment of s 95 (Notice and taking effect of declaration). . . . 225
305 Amendment of s 98 (Declared menacing dogs) . . . . . . . . . . . . . . 225
306 Amendment of s 104 (Appointment and qualifications) . . . . . . . . 225
307 Amendment of s 112 (Additional entry powers for particular
dogs) ...................................... 226
308 Amendment of s 131 (Return of regulated dog to registered
owner) ................................... 226
309 Amendment of s 173 (Who may inspect registers). . . . . . . . . . . . 226
310 Amendment of s 174 (Chief executive officer must give
information) .............................. 226
311 Amendment of s 181 (Who may apply for review) . . . . . . . . . . . . 226
312 Amendment of s 182 (Requirements for making PID review
application) ................................ 227
313 Amendment of s 183 (Requirements for making general review
application) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 227
314 Amendment of s 184 (Stay of operation of original decision) . . . . 227
315 Amendment of s 189 (Starting appeal) . . . . . . . . . . . . . . . . . . . . 227
316 Amendment of s 190 (Stay of operation of review notice) . . . . . . 227
317 Amendment of s 194 (Particular persons must ensure dog does
not attack or cause fear). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 228
318 Replacement of ss 195 and 196. . . . . . . . . . . . . . . . . . . . . . . . . . 228
195 Prohibition on allowing or encouraging dog to attack
or cause fear .......................... 228
196 Defences for offence against s 194 or 195 . . . . . . . . . 229
319 Amendment of s 206 (Delegation by chief executive officer) . . . . 230
Page 12
Local Government Bill 2009
Contents
320 Amendment of s 209 (Approval of forms). . . . . . . . . . . . . . . . . . . 230
321 Amendment of s 211 (Deferral for particular local governments) . 230
322 Amendment of s 212 (Restricted dog registers). . . . . . . . . . . . . . 231
323 Amendment of s 213 (Cats and dogs implanted before
commencement) ............................ 231
324 Replacement of s 216 (Cat or dog not registered at
commencement) ........................... 231
216 Cat or dog not registered at commencement . . . . . . . 231
325 Insertion of new ss 217A and 217B . . . . . . . . . . . . . . . . . . . . . . . 232
217A Corresponding law regulated dogs and
corresponding convictions . . . . . . . . . . . . . . . . . . . . . 232
217B Local law dangerous dogs and corresponding
convictions ...................... 233
326 Amendment of sch 1 (Permit conditions and conditions applying
to declared dangerous and menacing dogs) . . . . . . . . . . . . . . . . 233
327 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 234
Part 2 Amendments of Acts
328 Acts amended in sch 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 236
Schedule 1 Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 237
Aboriginal and Torres Strait Islander Communities (Justice,
Land and Other Matters) Act 1984 . . . . . . . . . . . . . . . . . . . . . . . . 237
Aboriginal Land Act 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 238
Aborigines and Torres Strait Islanders (Land Holding) Act 1985 . 238
Acts Interpretation Act 1954 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 238
Airport Assets (Restructuring and Disposal) Act 2008 . . . . . . . . . 239
Body Corporate and Community Management Act 1997. . . . . . . 239
Brisbane City Council Business and Procedure Act 1939 . . . . . . 240
Brisbane River Tidal Lands Improvement Act 1927 . . . . . . . . . . . 241
Building Act 1975 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 241
Building Units and Group Titles Act 1980. . . . . . . . . . . . . . . . . . . 242
City of Brisbane Act 1924. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 242
Coastal Protection and Management Act 1995 . . . . . . . . . . . . . . 243
Community Services Act 2007 . . . . . . . . . . . . . . . . . . . . . . . . . . . 244
Constitution of Queensland 2001 . . . . . . . . . . . . . . . . . . . . . . . . . 244
Criminal Code Act 1899 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 244
Criminal Offence Victims Act 1995 . . . . . . . . . . . . . . . . . . . . . . . . 245
Disaster Management Act 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . 245
Domestic and Family Violence Protection Act 1989. . . . . . . . . . . 245
Page 13
Local Government Bill 2009
Contents
Duties Act 2001 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 245
Electoral Act 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 246
Financial Administration and Audit Act 1977 . . . . . . . . . . . . . . . . 246
Fire and Rescue Service Act 1990. . . . . . . . . . . . . . . . . . . . . . . . 246
Fisheries Act 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 247
Fluoridation of Public Water Supplies Act 1963 . . . . . . . . . . . . . . 247
Forestry Act 1959 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 248
Fossicking Act 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 248
Freedom of Information Act 1992 . . . . . . . . . . . . . . . . . . . . . . . . . 248
Geothermal Exploration Act 2004 . . . . . . . . . . . . . . . . . . . . . . . . 249
Housing Act 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 249
Housing (Freeholding of Land) Act 1957 . . . . . . . . . . . . . . . . . . . 250
Iconic Queensland Places Act 2008. . . . . . . . . . . . . . . . . . . . . . . 250
Inala Shopping Centre Freeholding Act 2006. . . . . . . . . . . . . . . . 251
Industrial Development Act 1963 . . . . . . . . . . . . . . . . . . . . . . . . . 252
Judicial Review Act 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252
Justices Act 1886 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 253
Land Act 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 253
Land Protection (Pest and Stock Route Management) Act 2002 . 254
Land Tax Act 1915 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 254
Land Title Act 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 254
Libraries Act 1988 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 255
Liquor Act 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 255
Local Government (Aboriginal Lands) Act 1978. . . . . . . . . . . . . . 257
Local Government (Chinatown and The Valley Malls) Act 1984 . 257
Local Government (Queen Street Mall) Act 1981 . . . . . . . . . . . . 258
Metropolitan Water Supply and Sewerage Act 1909 . . . . . . . . . . 258
Mineral Resources Act 1989 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 258
Motor Racing Events Act 1990 . . . . . . . . . . . . . . . . . . . . . . . . . . . 259
National Trust of Queensland Act 1963 . . . . . . . . . . . . . . . . . . . . 259
Ombudsman Act 2001 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 259
Parliament of Queensland Act 2001. . . . . . . . . . . . . . . . . . . . . . . 259
Petroleum Act 1923 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 260
Petroleum and Gas (Production and Safety) Act 2004. . . . . . . . . 260
Plumbing and Drainage Act 2002. . . . . . . . . . . . . . . . . . . . . . . . . 260
Police Powers and Responsibilities Act 2000 . . . . . . . . . . . . . . . . 261
Page 14
Local Government Bill 2009
Contents
Property Agents and Motor Dealers Act 2000 . . . . . . . . . . . . . . . 262
Prostitution Act 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262
Public Health Act 2005 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262
Public Records Act 2002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263
Public Sector Ethics Act 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . 263
Public Service Act 2008 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
Queensland Competition Authority Act 1997 . . . . . . . . . . . . . . . . 264
Queensland Treasury Corporation Act 1988 . . . . . . . . . . . . . . . . 265
Racing Venues Development Act 1982 . . . . . . . . . . . . . . . . . . . . 265
Registration of Plans (H.S.P. (Nominees) Pty. Limited) Enabling
Act 1980 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 266
Registration of Plans (Stage 2) (H.S.P. (Nominees) Pty. Limited)
Enabling Act 1984 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 266
Residential Tenancies Act 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . 266
River Improvement Trust Act 1940 . . . . . . . . . . . . . . . . . . . . . . . . 267
Sanctuary Cove Resort Act 1985 . . . . . . . . . . . . . . . . . . . . . . . . . 267
South Bank Corporation Act 1989 . . . . . . . . . . . . . . . . . . . . . . . . 268
South East Queensland Water (Restructuring) Act 2007 . . . . . . . 268
Sugar Industry Act 1999. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 269
Torres Strait Islander Land Act 1991 . . . . . . . . . . . . . . . . . . . . . . 269
Townsville Breakwater Entertainment Centre Act 1991 . . . . . . . . 269
Townsville City Council (Douglas Land Development) Act 1993 . 269
Transport Infrastructure Act 1994 . . . . . . . . . . . . . . . . . . . . . . . . . 270
Transport Operations (Road Use Management) Act 1995 . . . . . . 271
Urban Land Development Authority Act 2007 . . . . . . . . . . . . . . . 271
Valuation of Land Act 1944 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 272
Vegetation Management Act 1999 . . . . . . . . . . . . . . . . . . . . . . . . 272
Water Act 2000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 272
Water Supply (Safety and Reliability) Act 2008 . . . . . . . . . . . . . . 273
Whistleblowers Protection Act 1994 . . . . . . . . . . . . . . . . . . . . . . . 274
Workers' Compensation and Rehabilitation Act 2003 . . . . . . . . . 274
Schedule 2 Comparative terms for the Brisbane City Council . . . . . . . . . 275
Schedule 3 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 277
Page 15
2009
A Bill
for
An Act to provide a system of local government in Queensland,
and for related purposes
Local Government Bill 2009
Chapter 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Chapter 1 Preliminary 2
1 Short title 3
This Act may be cited as the Local Government Act 2009. 4
2 Commencement 5
(1) This Act, other than chapter 9, part 1, commences on a day to 6
be fixed by proclamation. 7
(2) Chapter 9, part 1 commences on 1 July 2009. 8
3 Purpose of this Act 9
The purpose of this Act is to provide for-- 10
(a) the way in which a local government is constituted and 11
the nature and extent of its responsibilities and powers; 12
and 13
(b) a system of local government in Queensland that is 14
accountable, effective, efficient and sustainable. 15
Note-- 16
The system of local government consists of a number of local 17
governments. See the Constitution of Queensland 2001, section 18
70 (System of local government). 19
4 Local government principles underpin this Act 20
(1) To ensure the system of local government is accountable, 21
effective, efficient and sustainable, Parliament requires-- 22
(a) anyone who is performing a responsibility under this 23
Act to do so in accordance with the local government 24
principles; and 25
Page 18
Local Government Bill 2009
Chapter 1 Preliminary
[s 5]
(b) any action that is taken under this Act to be taken in a 1
way that-- 2
(i) is consistent with the local government principles; 3
and 4
(ii) provides results that are consistent with the local 5
government principles, in as far as the results are 6
within the control of the person who is taking the 7
action. 8
(2) The local government principles are-- 9
(a) transparent and effective processes, and 10
decision-making in the public interest; and 11
(b) sustainable development and management of assets and 12
infrastructure, and delivery of effective services; and 13
(c) democratic representation, social inclusion and 14
meaningful community engagement; and 15
(d) good governance of, and by, local government; and 16
(e) ethical and legal behaviour of councillors and local 17
government employees. 18
5 How this Act applies to the Brisbane City Council 19
(1) The Brisbane City Council is a local government under this 20
Act. 21
(2) However, this Act applies to the Brisbane City Council, with 22
any necessary changes, only to the extent that this Act 23
provides for a matter that the City of Brisbane Act 1924 does 24
not provide for. 25
(3) For that purpose, a reference in this Act, that is set out in 26
column 1 of schedule 2, is taken to be a reference to the 27
corresponding words in the City of Brisbane Act 1924, that is 28
set out in column 2 of schedule 2. 29
Page 19
Local Government Bill 2009
Chapter 2 Local governments
Part 1 Local governments and their constitution, responsibilities and powers
[s 6]
6 Definitions 1
The dictionary in schedule 3 defines particular words used in 2
this Act. 3
Chapter 2 Local governments 4
Part 1 Local governments and their 5
constitution, responsibilities 6
and powers 7
7 What this part is about 8
This part explains-- 9
(a) what a local government is; and 10
(b) what a local government area is; and 11
(c) who constitutes a local government; and 12
(d) the responsibilities and powers of a local government, 13
its councillors and its employees. 14
8 Local government's responsibility for local government 15
areas 16
(1) A local government is an elected body that is responsible for 17
the good rule and local government of a part of Queensland. 18
Note-- 19
This is provided for in the Constitution of Queensland 2001, section 71 20
(Requirements for a local government). 21
(2) A part of Queensland that is governed by a local government 22
is called a local government area. 23
Page 20
Local Government Bill 2009
Chapter 2 Local governments
Part 1 Local governments and their constitution, responsibilities and powers
[s 9]
(3) A local government area may be divided into areas called 1
divisions. 2
(4) A regulation may-- 3
(a) describe the boundaries of a local government area; or 4
(b) describe the boundaries of any divisions; or 5
(c) fix the number of councillors for a local government and 6
any divisions of the local government area; or 7
(d) name a local government area; or 8
(e) classify a local government area as a city, town, shire or 9
region. 10
9 Powers of local governments generally 11
(1) A local government has the power to do anything that is 12
necessary or convenient for the good rule and local 13
government of its local government area. 14
Note-- 15
Also, see section 262 (Powers in support of responsibilities) for more 16
information about powers. 17
(2) However, a local government can only do something that the 18
State can validly do. 19
(3) When exercising a power, a local government may take 20
account of Aboriginal tradition and Island custom. 21
(4) A local government may exercise its powers-- 22
(a) inside the local government area; or 23
(b) outside the local government area (including outside 24
Queensland)-- 25
(i) with the written approval of the Minister; or 26
(ii) as provided in section 10(5). 27
(5) When a local government is exercising a power in a place that 28
is outside its local government area, the local government has 29
Page 21
Local Government Bill 2009
Chapter 2 Local governments
Part 1 Local governments and their constitution, responsibilities and powers
[s 10]
the same jurisdiction in the place as if the place were inside its 1
local government area. 2
10 Power includes power to conduct joint government 3
activities 4
(1) A local government may exercise its powers by cooperating 5
with 1 or more other local, State or Commonwealth 6
governments to conduct a joint government activity. 7
(2) A joint government activity includes providing a service, or 8
operating a facility, that involves the other governments. 9
(3) The cooperation with another government may take any form, 10
including for example-- 11
(a) entering into an agreement; or 12
(b) creating a joint local government entity, or joint 13
government entity, to oversee the joint government 14
activity. 15
(4) A joint government activity may be set up for more than 1 16
purpose. 17
Example-- 18
Three local governments may create a joint local government entity to 19
manage an aerodrome that services each of their local government areas, 20
and may also enter into an agreement to sell water in bulk to 1 of the 21
local governments. 22
(5) A local government may exercise a power in another 23
government's area for the purposes of a joint government 24
activity, in the way agreed by the governments. 25
(6) However, if the power is to be exercised under a local law, the 26
local law must expressly state that it applies to the other 27
government's area. 28
Note-- 29
See section 29 for more information about making local laws. 30
Page 22
Local Government Bill 2009
Chapter 2 Local governments
Part 1 Local governments and their constitution, responsibilities and powers
[s 11]
11 Who a local government is constituted by 1
(1) Usually, a local government is constituted by the councillors 2
who are elected or appointed to the local government under 3
this Act or the Local Government Electoral Act. 4
(2) However-- 5
(a) if all of the councillors have been dismissed under 6
section 123 and an interim administrator is 7
appointed--the local government is constituted by the 8
interim administrator; or 9
(b) if there are no councillors for any other reason--the 10
local government is constituted by its chief executive 11
officer. 12
12 Responsibilities of councillors 13
(1) A councillor must represent the current and future interests of 14
the residents of the local government area. 15
(2) All councillors of a local government have the same 16
responsibilities, but the mayor has some extra responsibilities. 17
(3) All councillors have the following responsibilities-- 18
(a) ensuring the local government-- 19
(i) discharges its responsibilities under this Act; and 20
(ii) achieves its corporate and community plans; and 21
(iii) complies with all laws that apply to local 22
governments; 23
(b) providing high quality leadership to the local 24
government and the community; 25
(c) participating in council meetings, policy development, 26
and decision making, for the benefit of the local 27
government area; 28
(d) being accountable to the community for the local 29
government's performance. 30
Page 23
Local Government Bill 2009
Chapter 2 Local governments
Part 1 Local governments and their constitution, responsibilities and powers
[s 12]
(4) The mayor has the following extra responsibilities-- 1
(a) leading and managing meetings of the local government 2
at which the mayor is the chairperson, including 3
managing the conduct of the participants at the 4
meetings; 5
(b) proposing the adoption of the local government's 6
budget; 7
(c) liaising with the chief executive officer on behalf of the 8
other councillors; 9
(d) leading, managing, and providing strategic direction to, 10
the chief executive officer in order to achieve the high 11
quality administration of the local government; 12
(e) directing the chief executive officer, in accordance with 13
the local government's policies; 14
(f) conducting a performance appraisal of the chief 15
executive officer, at least annually, in the way that is 16
decided by the local government (including as a member 17
of a committee, for example); 18
(g) ensuring that the local government promptly provides 19
the Minister with the information about the local 20
government area, or the local government, that is 21
requested by the Minister; 22
(h) being a member of each standing committee of the local 23
government; 24
(i) representing the local government at ceremonial or civic 25
functions. 26
(5) A councillor who is not the mayor may perform the mayor's 27
extra responsibilities only if the mayor delegates the 28
responsibility to the councillor. 29
(6) When performing a responsibility, a councillor must serve the 30
overall public interest of the whole local government area. 31
Page 24
Local Government Bill 2009
Chapter 2 Local governments
Part 1 Local governments and their constitution, responsibilities and powers
[s 13]
13 Responsibilities of local government employees 1
(1) All employees of a local government have the same 2
responsibilities, but the chief executive officer has some extra 3
responsibilities. 4
(2) All employees have the following responsibilities-- 5
(a) implementing the policies and priorities of the local 6
government in a way that promotes-- 7
(i) the effective, efficient and economical 8
management of public resources; and 9
(ii) excellence in service delivery; and 10
(iii) continual improvement; 11
(b) carrying out their duties in a way that ensures the local 12
government-- 13
(i) discharges its responsibilities under this Act; and 14
(ii) complies with all laws that apply to local 15
governments; and 16
(iii) achieves its corporate and community plans; 17
(c) providing sound and impartial advice to the local 18
government; 19
(d) carrying out their duties impartially and with integrity; 20
(e) ensuring the employee's personal conduct does not 21
reflect adversely on the reputation of the local 22
government; 23
(f) improving all aspects of the employee's work 24
performance; 25
(g) observing all laws relating to their employment; 26
(h) observing the ethics principles under the Public Sector 27
Ethics Act 1994, section 4; 28
(i) complying with a code of conduct under the Public 29
Sector Ethics Act 1994. 30
Page 25
Local Government Bill 2009
Chapter 2 Local governments
Part 1 Local governments and their constitution, responsibilities and powers
[s 13]
(3) The chief executive officer has the following extra 1
responsibilities-- 2
(a) managing the local government in a way that 3
promotes-- 4
(i) the effective, efficient and economical 5
management of public resources; and 6
(ii) excellence in service delivery; and 7
(iii) continual improvement; 8
(b) managing the other local government employees 9
through management practices that-- 10
(i) promote equal employment opportunities; and 11
(ii) are responsive to the local government's policies 12
and priorities; 13
(c) establishing and implementing goals and practices in 14
accordance with the policies and priorities of the local 15
government; 16
(d) establishing and implementing practices about access 17
and equity to ensure that members of the community 18
have access to-- 19
(i) local government programs; and 20
(ii) appropriate avenues for reviewing local 21
government decisions; 22
(e) keeping a record, and giving the local government 23
access to a record, of all directions that the mayor gives 24
to the chief executive officer. 25
Page 26
Local Government Bill 2009
Chapter 2 Local governments
Part 2 Divisions of local government areas
[s 14]
Part 2 Divisions of local government 1
areas 2
14 What this part is about 3
This part is about the number of electors that are to be in each 4
division of a local government area, to ensure democratic 5
representation. 6
15 Division of local government areas 7
(1) Each division of a local government area must have a 8
reasonable proportion of electors. 9
(2) A reasonable proportion of electors is the number of electors 10
that is worked out by dividing the total number of electors in 11
the local government area (as nearly as can be found out) by 12
the number of councillors (other than the mayor), plus or 13
minus-- 14
(a) for a local government area with more than 10000 15
electors--10%; or 16
(b) for any other local government area--20%. 17
Examples-- 18
1 If the total number of electors in the local government area is 19
15000, and the number of councillors (other than the mayor) is 5, 20
the reasonable proportion of electors is 3000 (i.e. 15000 divided by 21
5) plus or minus 10%, i.e. between 2700 and 3300 electors. 22
2 If the total number of electors in the local government area is 5000, 23
and the number of councillors (other than the mayor) is 5, the 24
reasonable proportion of electors is 1000 (i.e. 5000 divided by 5) 25
plus or minus 20%, i.e. between 800 and 1200 electors. 26
(3) When changing the divisions of a local government area, the 27
reasonable proportion of electors must be worked out as near 28
as practicable to the time when the change is to happen. 29
Page 27
Local Government Bill 2009
Chapter 2 Local governments
Part 3 Changing a local government area, name or representation
[s 16]
16 Review of divisions of local government areas 1
(1) The local government must review whether each of its 2
divisions has a reasonable proportion of electors, no later than 3
2 years before the year of the quadrennial elections for local 4
governments. 5
(2) The local government must give the electoral commissioner 6
and the Minister written notice of the results of the review. 7
Part 3 Changing a local government 8
area, name or representation 9
Division 1 Introduction 10
17 What this part is about 11
(1) This part is about making a local government change. 12
(2) A local government change is a change of-- 13
(a) the boundaries of a local government area; or 14
(b) any divisions of a local government area, other than the 15
city of Brisbane; or 16
(c) the number of councillors for a local government; or 17
(d) the name of a local government area. 18
(3) In summary, the process for making a local government 19
change is as follows-- 20
· assessment--the change commission assesses whether a 21
proposed local government change is in the public 22
interest 23
· implementation--the Governor in Council implements 24
the local government change under a regulation. 25
Page 28
Local Government Bill 2009
Chapter 2 Local governments
Part 3 Changing a local government area, name or representation
[s 18]
(4) The change commission, which conducts the assessment 1
phase of the process, is an independent body that is created 2
under this Act. 3
Note-- 4
See division 3 for the creation of the change commission. 5
Division 2 The process for change 6
18 Who may start the change process 7
(1) Only the Minister may apply to the change commission to 8
assess whether to alter a local government change that was 9
made under the 2007 reform process. 10
(2) The 2007 reform process is the reform process that was 11
implemented under-- 12
(a) the Local Government Reform Implementation Act 13
2007; or 14
(b) the Local Government and Other Legislation 15
(Indigenous Regional Councils) Amendment Act 2007. 16
(3) For any other local government change-- 17
(a) a local government; or 18
(b) the Minister; or 19
(c) the electoral commission; 20
may apply to the change commission to assess whether the 21
change should be made. 22
19 Assessment 23
(1) The change commission is responsible for assessing whether a 24
proposed local government change is in the public interest. 25
(2) In doing so, the change commission must consider-- 26
Page 29
Local Government Bill 2009
Chapter 2 Local governments
Part 3 Changing a local government area, name or representation
[s 20]
(a) whether the proposed local government change is 1
consistent with a Local Government Act; and 2
(b) the views of the Minister about the proposed local 3
government change; and 4
(c) any other matters prescribed under a regulation. 5
(3) The change commission may conduct its assessment in any 6
way that it considers appropriate. 7
(4) However, as a minimum, the change commission must-- 8
(a) ask for submissions from any local government that 9
would be affected by the proposed local government 10
change; and 11
(b) hold a public hearing (in the way set out in chapter 7, 12
part 1) to ask the public for its views about the proposed 13
local government change. 14
(5) The change commission must let the public know the results 15
of its assessment and the reasons for the results, by publishing 16
notice of the results-- 17
(a) in a newspaper that is circulating generally in the local 18
government area; and 19
(b) in the gazette; and 20
(c) on the electoral commission's website. 21
(6) The change commission must also give the results of its 22
assessment to the Minister. 23
(7) The change commission may recommend that the Governor in 24
Council implement the change commission's assessment. 25
20 Implementation 26
(1) The Governor in Council may implement the change 27
commission's recommendation under a regulation. 28
(2) The regulation may provide for anything that is necessary or 29
convenient to facilitate the implementation of the local 30
government change. 31
Page 30
Local Government Bill 2009
Chapter 2 Local governments
Part 3 Changing a local government area, name or representation
[s 21]
(3) For example, the regulation may provide for-- 1
(a) holding, postponing or cancelling a local government 2
election; or 3
(b) the transfer of assets and liabilities from a local 4
government to another local government. 5
(4) A local government is not liable to pay a State tax in relation 6
to a transfer or other arrangement made to implement a local 7
government change. 8
(5) A State tax is a tax, charge, fee or levy imposed under an Act, 9
other than a duty under the Duties Act 2001. 10
21 Decisions under this division are not subject to appeal 11
A decision of the change commission under this division is 12
not subject to appeal. 13
Note-- 14
See section 244 for more information. 15
Division 3 The change commission 16
22 Change commission is established 17
(1) The Local Government Change Commission (the change 18
commission) is established. 19
(2) The change commission is made up of-- 20
(a) the electoral commissioner; or 21
(b) any combination of the following persons that the 22
electoral commissioner nominates-- 23
(i) the electoral commissioner; 24
(ii) the deputy electoral commissioner; 25
(iii) a casual commissioner. 26
Page 31
Local Government Bill 2009
Chapter 2 Local governments
Part 3 Changing a local government area, name or representation
[s 23]
23 Casual commissioners 1
(1) The Governor in Council may appoint the number of casual 2
commissioners that the Governor in Council considers 3
appropriate. 4
(2) The Governor in Council must appoint a qualified person to 5
be a casual commissioner. 6
(3) A person is qualified to be a casual commissioner if the 7
person-- 8
(a) has-- 9
(i) extensive knowledge of and experience in local 10
government, public administration, law, public 11
finance or community affairs; or 12
(ii) other qualifications and experience that the 13
Governor in Council considers appropriate; but 14
(b) is not-- 15
(i) a member of an Australian Parliament; or 16
(ii) a nominee for election as a member of an 17
Australian Parliament; or 18
(iii) a councillor; or 19
(iv) a nominee for election as a councillor; or 20
(v) a person who has accepted an appointment as a 21
councillor; or 22
(vi) a member of a political party; or 23
(vii) a person who has a conviction for an indictable 24
offence that is not an expired conviction. 25
(4) A casual commissioner may be appointed for a term of not 26
longer than 3 years. 27
(5) A casual commissioner holds office on the conditions 28
(including about fees and allowances, for example) that the 29
Governor in Council decides. 30
Page 32
Local Government Bill 2009
Chapter 2 Local governments
Part 3 Changing a local government area, name or representation
[s 24]
(6) A casual commissioner may resign by a signed notice of 1
resignation given to the department's chief executive. 2
24 Conflict of interests 3
(1) This section applies if-- 4
(a) a person on the change commission has a direct or 5
indirect financial interest in a matter being considered, 6
or about to be considered, by the change commission; 7
and 8
(b) the interest could conflict with the proper performance 9
of the person's responsibilities for the matter. 10
(2) The person must not take part, or take any further part, in the 11
consideration of the matter. 12
Maximum penalty--35 penalty units. 13
(3) As soon as practicable after the person becomes aware that 14
this section applies to the matter, the person must-- 15
(a) if the person is the electoral commissioner--direct the 16
deputy electoral commissioner to constitute the change 17
commission in the electoral commissioner's place; or 18
(b) otherwise--inform the electoral commissioner. 19
Maximum penalty--35 penalty units. 20
(4) If subsection (3)(b) applies, the electoral commissioner must 21
take the person's place. 22
25 Annual report of change commission 23
(1) The electoral commissioner must prepare a report about the 24
change commission's operations during each financial year. 25
(2) The electoral commissioner must give a copy of the report to 26
the Minister, before the end of the first October after the 27
financial year. 28
Page 33
Local Government Bill 2009
Chapter 3 The business of local governments
Part 1 Local laws
[s 26]
(3) The Minister must table a copy of the report in the Legislative 1
Assembly, within 7 sitting days after receiving the report. 2
(4) The electoral commissioner must include the report in the 3
annual report of the electoral commission (that is prepared 4
under the Electoral Act, section 19). 5
(5) The electoral commissioner must ensure that the public can 6
inspect copies of the report-- 7
(a) at the electoral commission's office in Brisbane; and 8
(b) on the electoral commission's website. 9
Chapter 3 The business of local 10
governments 11
Part 1 Local laws 12
Division 1 Introduction 13
26 What this part is about 14
(1) This part is about local laws. 15
(2) A local law is a law made by a local government. 16
(3) Unless there is a contrary intention, a reference in this Act to a 17
local law includes a reference to-- 18
(a) an interim local law; and 19
(b) a subordinate local law; and 20
(c) a local law that is an adopted model local law. 21
(4) An interim local law is a local law that has effect for 6 months 22
or less. 23
Page 34
Local Government Bill 2009
Chapter 3 The business of local governments
Part 1 Local laws
[s 27]
(5) A subordinate local law is a local law that-- 1
(a) is made under a power contained in a local law; and 2
(b) provides for the detailed implementation of the broader 3
principles contained in the local law. 4
(6) A subordinate local law is called that because it is subordinate 5
to the local law under which it is made, so that if there is any 6
inconsistency between the subordinate local law and the local 7
law, the local law prevails to the extent of the inconsistency. 8
(7) The Minister may approve, by gazette notice, a local law as 9
being suitable for adoption by all local governments. 10
(8) This type of local law is a model local law. 11
27 Interaction with State laws 12
If there is any inconsistency between a local law and a law 13
made by the State, the law made by the State prevails to the 14
extent of the inconsistency. 15
Division 2 Making, recording and reviewing 16
local laws 17
28 Power to make a local law 18
(1) A local government may make and enforce any local law that 19
is necessary or convenient for the good rule and local 20
government of its local government area. 21
(2) However, a local government must not make a local law-- 22
(a) that sets a penalty of more than 850 penalty units for 23
each conviction of failing to comply with a local law, 24
including each conviction when there is more than 1 25
conviction for a continuing offence or repeat offence; or 26
Page 35
Local Government Bill 2009
Chapter 3 The business of local governments
Part 1 Local laws
[s 29]
(b) that purports to stop a local law being amended or 1
repealed in the future; or 2
(c) about a subject that is prohibited under division 3. 3
29 Local law making process 4
(1) Each local government may decide its own process for 5
making a local law. 6
(2) However, the process must be consistent with this section. 7
(3) The local government must consult with relevant government 8
entities about the overall State interest in a proposed local law 9
before it makes the local law, unless the local law is-- 10
(a) an interim local law; or 11
(b) a local law that is an adopted model local law; or 12
(c) a subordinate local law. 13
(4) The local government must let the public know that a local 14
law has been made, by publishing a notice of making the local 15
law-- 16
(a) in a newspaper that is circulating generally in the local 17
government area; and 18
(b) in the gazette; and 19
(c) on the local government's website. 20
(5) The notice must be published within 1 month after the day 21
when the local government made the resolution to make the 22
local law. 23
(6) The notice must state-- 24
(a) the name of the local government; and 25
(b) the date when the local government made the resolution 26
to make the local law; and 27
(c) the name of the local law; and 28
Page 36
Local Government Bill 2009
Chapter 3 The business of local governments
Part 1 Local laws
[s 29]
(d) the name of any existing local law that was amended or 1
repealed by the new local law; and 2
(e) if the local law is an adopted model local law--that fact; 3
and 4
(f) if the local law is an interim local law--that fact, and the 5
date on which the interim local law expires; and 6
(g) if the local law is a subordinate local law--the name of 7
the local law that authorises the subordinate local law to 8
be made; and 9
(h) the purpose and general effect of the local law; and 10
(i) if the local law contains an anti-competitive 11
provision--that fact; and 12
(j) that a copy of the local law may be-- 13
(i) inspected and purchased at the local government's 14
public office; and 15
(ii) inspected at the department's State office. 16
(7) As soon as practicable after the notice is published in the 17
gazette, the local government must ensure that a copy of the 18
local law may be inspected and purchased at the local 19
government's public office. 20
(8) A copy of a local law must cost no more than the cost to the 21
local government of making the copy available for purchase. 22
(9) Within 7 days after the notice is published in the gazette, the 23
local government must give the Minister-- 24
(a) a copy of the notice; and 25
(b) a copy of the local law; and 26
(c) a drafting certificate for the local law. 27
Note-- 28
See section 121 for the powers of the Minister in relation to a local law 29
that is not made according to this section. 30
Page 37
Local Government Bill 2009
Chapter 3 The business of local governments
Part 1 Local laws
[s 30]
30 Expiry of interim local law revives previous law 1
(1) This section applies if-- 2
(a) an interim local law amends or repeals a local law; and 3
(b) the interim local law expires; and 4
(c) the interim local law is not made (either with or without 5
change) as a local law. 6
(2) When the interim local law expires-- 7
(a) the local law is revived in its previous form; and 8
(b) any subordinate local law or provision of a subordinate 9
local law, that stopped having effect because the local 10
law was amended or repealed, is revived in its previous 11
form. 12
(3) The previous form of a local law, subordinate local law, or 13
provision of a subordinate local law is the form it was in 14
immediately before the interim local law commenced. 15
(4) This section does not affect anything that was done or suffered 16
under the interim local law before it expired. 17
(5) This section applies despite the Acts Interpretation Act 1954, 18
section 19. 19
31 Local law register 20
(1) A local government must keep a register of its local laws, in 21
the way that is required under a regulation. 22
(2) The public may inspect the register at the local government's 23
public office. 24
32 Consolidated versions of local laws 25
(1) A local government may prepare and adopt a consolidated 26
version of a local law. 27
(2) A consolidated version of a local law is a document that 28
accurately combines a local government's local law, as it was 29
Page 38
Local Government Bill 2009
Chapter 3 The business of local governments
Part 1 Local laws
[s 33]
originally made, with all the amendments made to the local 1
law since the local law was originally made. 2
(3) When the local government adopts the consolidated version of 3
the local law, the consolidated version is taken to be the local 4
law, in the absence of evidence to the contrary. 5
(4) Within 7 days after the local government adopts the 6
consolidated version of the local law, the local government 7
must give a copy of the consolidated version to the Minister. 8
33 Regular review of local laws 9
A local government must regularly review the provisions of its 10
local laws (including anti-competitive provisions, for 11
example) with a view to ensuring the local laws are relevant to 12
the public interest. 13
Division 3 Local laws that can not be made 14
34 What this division is about 15
This division specifies the subjects that a local government 16
must not make a local law about. 17
35 Network connections 18
(1) A local government must not make a local law that regulates 19
network connections. 20
(2) A network connection is an installation that has the sole 21
purpose of connecting a home or other structure to an existing 22
telecommunications network. 23
(3) A local law, to the extent that it is contrary to this section, has 24
no effect. 25
Page 39
Local Government Bill 2009
Chapter 3 The business of local governments
Part 1 Local laws
[s 36]
36 Election advertising 1
(1) A local government must not make a local law that-- 2
(a) prohibits or regulates the distribution of how-to-vote 3
cards; or 4
(b) prohibits the placement of election signs or posters. 5
(2) A how-to-vote card includes a how-to-vote card under the 6
Electoral Act or Local Government Electoral Act. 7
(3) An election sign or poster is a sign or poster that is able, or is 8
intended, to-- 9
(a) influence a person about voting at any government 10
election; or 11
(b) affect the result of any government election. 12
(4) A government election is an election for a local, State or 13
Commonwealth government. 14
(5) A local law, to the extent that it is contrary to this section, has 15
no effect. 16
37 Development processes 17
(1) A local government must not make a local law that establishes 18
an alternative development process. 19
(2) An alternative development process is a process that is 20
similar to or duplicates all or part of a process in the Planning 21
Act, chapter 3. 22
(3) However, if a local law already contains a provision that 23
establishes an alternative development process, the local 24
government-- 25
(a) may repeal the provision at any time; and 26
(b) may amend the provision until a new planning scheme 27
comes into effect in the local government area. 28
(4) A planning scheme is a planning scheme, other than a 29
transitional planning scheme, under the Planning Act. 30
Page 40
Local Government Bill 2009
Chapter 3 The business of local governments
Part 2 Business enterprises and activities
[s 38]
(5) This section does not apply to a local law about-- 1
(a) advertising devices; or 2
(b) gates and grids; or 3
(c) levees; or 4
(d) roadside dining; 5
until the local government decides (under the Planning Act, 6
schedule 1, section 1) to prepare its next IPA planning 7
scheme. 8
(6) A local law, to the extent that it is contrary to this section, has 9
no effect. 10
38 Anti-competitive provisions 11
(1) A local government must not make a local law that contains 12
an anti-competitive provision unless the local government has 13
complied with the procedures prescribed under a regulation 14
for the review of anti-competitive provisions. 15
(2) A local law, to the extent that it is contrary to this section, has 16
no effect. 17
Part 2 Business enterprises and 18
activities 19
Division 1 Beneficial enterprises 20
39 What this division is about 21
(1) This division is about beneficial enterprises that are conducted 22
by a local government. 23
Page 41
Local Government Bill 2009
Chapter 3 The business of local governments
Part 2 Business enterprises and activities
[s 40]
(2) This division does not apply to a business unit of a local 1
government. 2
(3) A beneficial enterprise is an enterprise that a local 3
government considers is directed to benefiting, and can 4
reasonably be expected to benefit, the whole or part of its 5
local government area. 6
(4) A local government is conducting a beneficial enterprise if 7
the local government is engaging in, or helping, the beneficial 8
enterprise. 9
40 Conducting beneficial enterprises 10
(1) This section applies if a local government wants to conduct a 11
beneficial enterprise. 12
(2) The local government must pass a resolution to conduct the 13
beneficial enterprise. 14
(3) When conducting the beneficial enterprise, the local 15
government must-- 16
(a) apply sound financial principles; and 17
(b) comply with the Local Government Acts. 18
(4) In order to conduct the beneficial enterprise, the local 19
government may-- 20
(a) commercially exploit the local government's tangible or 21
intangible property rights; or 22
(b) participate with an association, other than by-- 23
(i) participating with an unlimited corporation; or 24
(ii) being an unlimited partner of a partnership; or 25
(iii) entering into an agreement that does not limit the 26
liability of the local government, as between the 27
parties, to the amount committed by the local 28
government under the agreement; or 29
(iv) borrowing, or guaranteeing a borrowing. 30
Page 42
Local Government Bill 2009
Chapter 3 The business of local governments
Part 2 Business enterprises and activities
[s 41]
(5) A local government participates with an association if the 1
local government-- 2
(a) forms, or takes part in forming, an association; or 3
(b) becomes a member of an association; or 4
(c) takes part in the management of an association; or 5
(d) acquires or disposes of shares, debentures or securities 6
of an association. 7
(6) An association is-- 8
(a) a partnership; or 9
(b) an unlisted corporation; or 10
(c) another association of persons that is not a corporation. 11
(7) An unlisted corporation is a corporation that is limited by 12
shares but is not listed on a stock exchange. 13
41 Register of beneficial enterprises 14
(1) A local government must establish a register that includes a 15
record, for each beneficial enterprise that it conducts, of-- 16
(a) particulars of the purpose to be achieved by conducting 17
the beneficial enterprise; and 18
(b) the identity of any entity with which the local 19
government has conducted a beneficial enterprise; and 20
(c) the amount of money, or the market value of property, 21
that the local government has committed to a beneficial 22
enterprise, as at the date that the property was 23
committed. 24
(2) The public may inspect the register at the local government's 25
public office. 26
(3) The local government must give the department's chief 27
executive and the auditor-general written notice of-- 28
(a) the establishment of the register as soon as practicable 29
after it is established; and 30
Page 43
Local Government Bill 2009
Chapter 3 The business of local governments
Part 2 Business enterprises and activities
[s 42]
(b) the making of each entry in the register as soon as 1
practicable after the entry is made. 2
42 Planning for a beneficial enterprise with the private 3
sector 4
(1) This section applies if a local government plans to invest in a 5
beneficial enterprise that is to be conducted with the private 6
sector. 7
(2) The local government must identify the amount that is to be 8
invested, as a capital expenditure, in the local government's 9
budget. 10
(3) If the local government does not commit that amount to the 11
beneficial enterprise in the financial year of that budget, the 12
amount may be carried forward to the next financial year for 13
the beneficial enterprise. 14
(4) Any amount that is carried forward must be held in a reserve 15
established by the local government in its operating fund, 16
until the amount is lawfully applied. 17
(5) A regulation may prescribe the maximum number of years 18
that an amount can be carried forward. 19
(6) A local government must get the approval of the department's 20
chief executive before the local government may-- 21
(a) invest in a beneficial enterprise when the local 22
government has not identified the amount of the 23
investment as a capital expenditure in its budget; or 24
(b) invest in a beneficial enterprise an amount prescribed 25
under a regulation. 26
(7) If the department's chief executive does not give the local 27
government written notice of his or her decision about the 28
approval, within 30 days after the approval is sought, the 29
department's chief executive is taken to have refused the 30
approval on the 31st day after the approval was sought. 31
(8) If a local government fails to comply with this section, the 32
department's chief executive may-- 33
Page 44
Local Government Bill 2009
Chapter 3 The business of local governments
Part 2 Business enterprises and activities
[s 43]
(a) publish notice of the failure in a newspaper that is 1
circulating generally in the local government area; or 2
(b) direct the local government to publish notice of the 3
failure on the local government's website. 4
Division 2 Business reform, including 5
competitive neutrality 6
43 What this division is about 7
(1) This division is about the application of the National 8
Competition Policy Agreements in relation to the significant 9
business activities of a local government. 10
(2) This includes the application of the competitive neutrality 11
principle if, in the circumstances, the public benefit (in terms 12
of service quality and cost) outweighs the costs of 13
implementation. 14
(3) Under the competitive neutrality principle, an entity that is 15
conducting a business activity in competition with the private 16
sector should not enjoy a net advantage over competitors only 17
because the entity is in the public sector. 18
(4) A significant business activity is a business activity of a local 19
government that-- 20
(a) is conducted in competition, or potential competition, 21
with the private sector (including off-street parking, 22
quarries, sporting facilities, for example); and 23
(b) meets the threshold prescribed under a regulation. 24
(5) However, a significant business activity does not include a 25
business activity that is-- 26
(a) a building certifying activity; or 27
(b) a roads activity; or 28
(c) related to the provision of library services. 29
Page 45
Local Government Bill 2009
Chapter 3 The business of local governments
Part 2 Business enterprises and activities
[s 44]
Note-- 1
A building certifying activity or roads activity is dealt with under 2
section 47. 3
44 Ways to apply the competitive neutrality principle 4
(1) The competitive neutrality principle may be applied by-- 5
(a) commercialisation of a significant business activity; or 6
(b) corporatisation of a significant business activity; or 7
(c) full cost pricing of a significant business activity. 8
(2) Commercialisation involves creating a new business unit, that 9
is part of the local government, to conduct the significant 10
business activity on a commercial basis. 11
(3) Corporatisation involves creating a new corporate entity, that 12
is not part of the local government but is directly or indirectly 13
owned by the local government, to conduct the significant 14
business activity on a commercial basis. 15
(4) Full cost pricing involves pricing the significant business 16
activity on a commercial basis, but without creating a new 17
business unit or new corporate entity. 18
(5) A regulation may provide for-- 19
(a) matters relating to corporatisation, commercialisation or 20
full cost pricing; or 21
(b) any other matter relating to the application of the 22
competitive neutrality principle to the significant 23
business activities of a local government. 24
45 Identifying significant business activities 25
A local government's annual report for each financial year 26
must-- 27
(a) contain a list of all the business activities that the local 28
government conducted during the financial year; and 29
Page 46
Local Government Bill 2009
Chapter 3 The business of local governments
Part 2 Business enterprises and activities
[s 46]
(b) identify the business activities that are significant 1
business activities; and 2
(c) state whether or not the code of competitive conduct 3
was applied to the significant business activities, and if 4
the code was not applied, the reason why it was not 5
applied; and 6
Note-- 7
See section 47 for more information on the code of competitive 8
conduct. 9
(d) state whether any of the significant business activities 10
were not conducted in the preceding financial year, i.e. 11
whether there are any new significant business 12
activities. 13
46 Assessing public benefit 14
(1) This section applies to a new significant business activity that 15
is identified in the annual report of a local government. 16
(2) The local government must conduct a public benefit 17
assessment of the new significant business activity. 18
(3) A public benefit assessment is an assessment of whether the 19
benefit to the public (in terms of service quality and cost) of 20
applying the competitive neutrality principle in relation to a 21
significant business activity outweighs the costs of applying 22
the competitive neutrality principle. 23
(4) The local government must conduct the public benefit 24
assessment before the end of the financial year in which the 25
significant business activity is first identified in the annual 26
report. 27
(5) The local government must prepare a report on the public 28
benefit assessment that contains its recommendations about 29
the application of the competitive neutrality principle in 30
relation to the significant business activity. 31
(6) At a meeting of the local government, the local government 32
must-- 33
Page 47
Local Government Bill 2009
Chapter 3 The business of local governments
Part 2 Business enterprises and activities
[s 47]
(a) consider the report; and 1
(b) decide, by resolution, whether or not to apply the 2
competitive neutrality principle in relation to the 3
significant business activity. 4
(7) Any resolution that the competitive neutrality principle should 5
not be applied must include a statement of the reasons why it 6
should not be applied. 7
(8) The local government must give the Minister a copy of-- 8
(a) the report; and 9
(b) all resolutions made in relation to the report. 10
(9) If the local government decides not to apply the competitive 11
neutrality principle in relation to the significant business 12
activity, the local government must, within 3 years after 13
making the decision, repeat the process in this section. 14
(10) Subsection (9) also applies to a decision that was made before 15
the commencement of this section. 16
47 Code of competitive conduct 17
(1) This section is about the code of competitive conduct. 18
(2) The code of competitive conduct is the code of competitive 19
conduct prescribed under a regulation. 20
(3) A local government must apply the code of competitive 21
conduct to the conduct of the following business activities of 22
the local government-- 23
(a) a building certifying activity; 24
(b) a roads activity, other than a roads activity for which 25
business is conducted only through a sole supplier 26
arrangement. 27
(4) A building certifying activity is a business activity that-- 28
(a) involves performing building certifying functions 29
(within the meaning of the Building Act, section 8); and 30
Page 48
Local Government Bill 2009
Chapter 3 The business of local governments
Part 2 Business enterprises and activities
[s 48]
(b) is prescribed under a regulation. 1
(5) A roads activity is a business activity (other than a business 2
activity prescribed under a regulation) that involves-- 3
(a) constructing or maintaining a State-controlled road, that 4
the State put out to competitive tender; or 5
(b) submitting a competitive tender in relation to-- 6
(i) constructing or maintaining a road in the local 7
government area, that the local government put out 8
to competitive tender; or 9
(ii) constructing or maintaining a road in another local 10
government area, that the other local government 11
put out to competitive tender. 12
(6) The local government must start to apply the code of 13
competitive conduct-- 14
(a) for a building certifying activity--from the start of the 15
financial year after the financial year in which the 16
building certifying activity is first conducted; or 17
(b) for a roads activity--from when the roads activity is first 18
conducted. 19
(7) A local government must decide each financial year, by 20
resolution, whether or not to apply the code of competitive 21
conduct to any other business activities. 22
48 Competitive neutrality complaints 23
(1) A local government must adopt a process for resolving 24
competitive neutrality complaints. 25
(2) A competitive neutrality complaint is a complaint that-- 26
(a) relates to the failure of a local government to conduct a 27
business activity in accordance with the competitive 28
neutrality principle; and 29
(b) is made by an affected person. 30
(3) An affected person is-- 31
Page 49
Local Government Bill 2009
Chapter 3 The business of local governments
Part 2 Business enterprises and activities
[s 49]
(a) a person who-- 1
(i) competes with the local government in relation to 2
the business activity; and 3
(ii) claims to be adversely affected by a competitive 4
advantage that the person alleges is enjoyed by the 5
local government; or 6
(b) a person who-- 7
(i) wants to compete with the local government in 8
relation to the business activity; and 9
(ii) claims to be hindered from doing so by a 10
competitive advantage that the person alleges is 11
enjoyed by the local government. 12
(4) A regulation may provide for the process for resolving 13
competitive neutrality complaints. 14
Division 3 Responsibilities and liabilities of 15
employees of corporate entities 16
49 Director's duty to disclose interest in a matter 17
(1) This section applies if a director on the board of directors of a 18
corporate entity has a direct or indirect interest in a matter that 19
is being considered, or about to be considered, by the board of 20
directors. 21
(2) The director must immediately disclose the nature of the 22
interest to a meeting of the board of directors. 23
Maximum penalty--200 penalty units. 24
(3) The disclosure must be recorded in the minutes of the meeting 25
of the board of directors. 26
(4) If the director's interest is a material personal interest, the 27
director must not-- 28
(a) vote on the matter; or 29
Page 50
Local Government Bill 2009
Chapter 3 The business of local governments
Part 2 Business enterprises and activities
[s 50]
(b) vote on a proposed resolution under subsection (5) in 1
relation to the matter (a related resolution), whether in 2
relation to the director or another director; or 3
(c) be present while the matter, or a related resolution, is 4
being considered by the board of directors; or 5
(d) otherwise take part in any decision of the board of 6
directors in relation to the matter or a related resolution. 7
Maximum penalty--100 penalty units. 8
(5) Subsection (4) does not apply to a matter if the board of 9
directors has, at any time, passed a resolution that-- 10
(a) states the director, the interest and the matter; and 11
(b) states that the directors voting for the resolution are 12
satisfied that the interest should not disqualify the 13
director from considering or voting on the matter. 14
(6) There is a quorum at the meeting only if there are at least 2 15
directors present who are entitled to vote on any motion that 16
may be moved in relation to the matter. 17
(7) If there is no quorum, the corporate entity's shareholder may 18
deal with the matter by signing a consent to a proposed 19
resolution. 20
50 Obligations of a corporate entity's employees 21
(1) This section applies to an employee of a corporate entity in 22
the exercise of the powers, or discharge of the responsibilities, 23
of an employee of the corporate entity. 24
(2) The employee must exercise the degree of care and diligence 25
that a reasonable person in a like position in another corporate 26
entity would exercise in the circumstances. 27
Maximum penalty--100 penalty units. 28
(3) When deciding the degree of care and diligence that a 29
reasonable person in a like position in another corporate entity 30
would exercise in the circumstances, regard must be had to-- 31
Page 51
Local Government Bill 2009
Chapter 3 The business of local governments
Part 2 Business enterprises and activities
[s 51]
(a) all relevant matters, including for example-- 1
(i) the corporate entity's obligations; and 2
(ii) any directions or approvals given to the corporate 3
entity by its shareholder; and 4
(b) any matter prescribed under a regulation. 5
(4) This section-- 6
(a) applies in addition to, and does not limit, any rule of law 7
relating to the duty or liability of a person because of the 8
person's office in the corporate entity; and 9
(b) does not prevent civil proceedings being started for a 10
breach of the duty or liability. 11
51 Corporate entity must not insure against certain liabilities 12
of employees 13
(1) A corporate entity must not-- 14
(a) enter into a liability insurance contract; or 15
(b) pay, or agree to pay, a premium in relation to a liability 16
insurance contract. 17
(2) A liability insurance contract is a contract to insure an 18
employee of a corporate entity against any liability that arises 19
out of a wilful breach of duty in relation to the corporate entity 20
(including a contravention of section 50, for example). 21
(3) However, a liability insurance contract does not include a 22
contract to insure an employee of a corporate entity against 23
any costs and expenses that the employee incurs in defending 24
proceedings for a wilful breach of duty in relation to the 25
corporate entity. 26
(4) Pay a premium includes pay a premium indirectly through 1 27
or more interposed entities. 28
(5) An employee of a corporate entity includes a person who was 29
an employee of a corporate entity. 30
Page 52
Local Government Bill 2009
Chapter 3 The business of local governments
Part 2 Business enterprises and activities
[s 52]
(6) Any liability insurance contract that the corporate entity 1
enters into is void. 2
52 When a corporate entity is not to indemnify employees 3
(1) This section applies to-- 4
(a) a person who is an employee of a corporate entity; and 5
(b) a person who was an employee of a corporate entity. 6
(2) The corporate entity must not exempt the person from a 7
liability incurred as an employee. 8
(3) However, with the prior approval of the corporate entity's 9
shareholder, the corporate entity may indemnify the person 10
against-- 11
(a) a civil liability, other than a civil liability-- 12
(i) to the corporate entity or its subsidiary; or 13
(ii) that arises out of conduct involving a lack of good 14
faith; or 15
(b) any costs and expenses incurred by the person-- 16
(i) in successfully defending proceedings for the 17
liability; or 18
(ii) in connection with an application in relation to a 19
proceeding in which relief is granted to the person 20
by a court. 21
(4) Indemnify includes indemnify indirectly through 1 or more 22
interposed entities. 23
(5) A contract is void so far as it exempts or indemnifies an 24
employee of a corporate entity in contravention of this 25
section. 26
53 Prohibition on loans to directors 27
(1) A corporate entity must not, either directly or indirectly, make 28
or guarantee a loan to-- 29
Page 53
Local Government Bill 2009
Chapter 3 The business of local governments
Part 2 Business enterprises and activities
[s 54]
(a) a director; or 1
(b) a director's spouse; or 2
(c) a relative of a director or a director's spouse; 3
unless the agreement for the loan or guarantee is entered into 4
on the same terms as similar agreements are entered into by 5
the corporate entity with members of the public. 6
(2) Guarantee a loan includes provide a security in connection 7
with the loan. 8
(3) A director of the corporate entity who knowingly agrees to the 9
loan or guarantee by the corporate entity in contravention of 10
this section (whether or not in relation to the director) 11
commits an offence. 12
Maximum penalty for subsection (3)--100 penalty units. 13
54 Duty to prevent insolvent trading 14
(1) This section applies if-- 15
(a) immediately before a corporate entity incurs a debt, 16
there are reasonable grounds to suspect-- 17
(i) that the corporate entity will not be able to pay all 18
its debts as and when they become payable; or 19
(ii) that, if the corporate entity incurs the debt, it will 20
not be able to pay all its debts as and when they 21
become payable; and 22
(b) the corporate entity is, or later becomes, unable to pay 23
all its debts as and when they become payable. 24
(2) The following persons commit an offence-- 25
(a) a person who is a director of the corporate entity's board 26
of directors when the debt is incurred; 27
(b) a person who takes part in the corporate entity's 28
management when the debt is incurred. 29
Page 54
Local Government Bill 2009
Chapter 3 The business of local governments
Part 2 Business enterprises and activities
[s 54]
Maximum penalty--100 penalty units or 1 year's 1
imprisonment. 2
(3) However, it is a defence for the person to prove-- 3
(a) that the debt was incurred without the person's express 4
or implied consent; or 5
(b) that, when the debt was incurred, the person did not 6
have reasonable cause to suspect-- 7
(i) that the corporate entity would not be able to pay 8
all its debts as and when they became payable; or 9
(ii) that, if the corporate entity incurred the debt, it 10
would not be able to pay all its debts as and when 11
they became payable; or 12
(c) that the person took all reasonable steps to prevent the 13
corporate entity from incurring the debt; or 14
(d) for a director--that the person did not take part in the 15
corporate entity's management at the time because of 16
illness or another good reason. 17
(4) If the person is found guilty of the offence, the Supreme Court 18
or District Court may declare that the person is personally 19
liable to pay a part of the corporate entity's debts that the court 20
considers appropriate in the circumstances. 21
(5) Subsection (4)-- 22
(a) applies in addition to, and does not limit, any rule of law 23
about the duty or liability of a person because of the 24
person's office in the corporate entity; and 25
(b) does not prevent proceedings being instituted for a 26
breach of the duty or liability. 27
(6) However, subsection (4) does not affect any rights of a person 28
to indemnity, subrogation or contribution. 29
Page 55
Local Government Bill 2009
Chapter 3 The business of local governments
Part 2 Business enterprises and activities
[s 55]
55 Order for examination of persons concerned with 1
corporate entities 2
(1) This section applies if a local government or the 3
Attorney-General believes, on reasonable grounds, that-- 4
(a) a person may be able to give information about a 5
corporate entity's management, administration or 6
affairs; or 7
(b) a person who has been concerned, or taken part, in a 8
corporate entity's management, administration or affairs 9
has been, or may have been, guilty of fraud or 10
malpractice in relation to the corporate entity. 11
(2) Malpractice includes negligence, default, breach of trust or 12
breach of duty. 13
(3) The local government or Attorney-General may apply to the 14
Supreme Court or District Court for an order for the person to 15
be examined by the court about the corporate entity's 16
management, administration or affairs. 17
(4) However, a local government may only make an application 18
in relation to its own corporate entity. 19
(5) If a local government makes an application, the local 20
government must advise the Attorney-General. 21
(6) If the Attorney-General makes an application, the 22
Attorney-General must advise the corporate entity's local 23
government. 24
(7) If the court is satisfied that it is reasonable and appropriate for 25
the person to be examined, the court may order the person to 26
attend before the court at a time and place fixed by the court 27
for examination. 28
(8) The person must-- 29
(a) attend as required by the order, unless the person has a 30
reasonable excuse; and 31
(b) continue to attend until excused by the court, unless the 32
person has a reasonable excuse. 33
Page 56
Local Government Bill 2009
Chapter 3 The business of local governments
Part 2 Business enterprises and activities
[s 56]
Maximum penalty--200 penalty units or 2 years 1
imprisonment. 2
(9) The examination must be held in public, unless the court 3
considers it is desirable to hold the examination in private 4
because of special circumstances. 5
(10) The court may give directions about-- 6
(a) the matters to be inquired into at the examination; and 7
(b) the procedures to be followed at the examination 8
(including the persons who may be at the examination if 9
the examination is to be held in private, for example). 10
56 Examination of persons concerned with corporate 11
entities 12
(1) This section applies to a person who has been ordered, under 13
section 55, to attend an examination. 14
(2) The person must not fail to take an oath or make an 15
affirmation at the examination. 16
Maximum penalty--200 penalty units or 2 years 17
imprisonment. 18
(3) The person must answer any question that the person is 19
directed by the court to answer. 20
Maximum penalty--200 penalty units or 2 years 21
imprisonment. 22
(4) The person is not excused from answering a question because 23
the answer might tend to incriminate the person or make the 24
person liable to a penalty. 25
(5) However, if the answer might in fact tend to incriminate the 26
person or make the person liable to a penalty, the person's 27
answer is not admissible in evidence against the person in 28
proceedings for an offence or the imposition of a penalty, 29
other than proceedings for an offence-- 30
(a) against this section; or 31
Page 57
Local Government Bill 2009
Chapter 3 The business of local governments
Part 2 Business enterprises and activities
[s 56]
(b) in relation to the falsity of the person's answer. 1
(6) The person must not knowingly make a statement at the 2
examination that is false or misleading in a material 3
particular. 4
Maximum penalty--500 penalty units or 5 years 5
imprisonment. 6
(7) The court may-- 7
(a) require the questions put to the person, and the answers 8
given by the person, at the examination to be recorded in 9
writing; and 10
(b) require the person to sign the record. 11
(8) Subject to subsection (5), a written record of the examination 12
that is signed by the person, or a transcript of the examination 13
that is authenticated by the examiner's signature, may be used 14
in evidence in proceedings against the person. 15
(9) The person may be directed by the court (whether in the order 16
or by a subsequent direction) to produce a document in the 17
person's possession, or under the person's control, that is 18
relevant to the matters about which the person is to be, or is 19
being, examined. 20
(10) The person must not contravene the direction, unless the 21
person has a reasonable excuse. 22
Maximum penalty--200 penalty units or 2 years 23
imprisonment. 24
(11) If the court directs the person to produce a document and the 25
person has a lien on the document, the production of the 26
document does not prejudice the lien. 27
(12) The person may, at the person's own expense, employ a 28
lawyer, and the lawyer may put to the person questions that 29
the court considers are just to enable the person to explain or 30
qualify any answers given by the person. 31
(13) The court may adjourn the examination from time to time. 32
Page 58
Local Government Bill 2009
Chapter 3 The business of local governments
Part 2 Business enterprises and activities
[s 57]
(14) The court may order the whole or any part of the costs that are 1
incurred by the person to be paid by-- 2
(a) if the application was made by the 3
Attorney-General--the State; or 4
(b) if the application was made by a local government--the 5
local government. 6
57 Relief from liability for malpractice 7
(1) An employee of a corporate entity may apply to the Supreme 8
Court or District Court for relief against any claim made 9
against the employee for malpractice in relation to the 10
corporate entity. 11
(2) Malpractice includes negligence, default, breach of trust or 12
breach of duty, but does not include fraud. 13
(3) If the court considers-- 14
(a) that the employee has, or may have, been guilty of the 15
malpractice; but 16
(b) that the employee-- 17
(i) acted honestly; and 18
(ii) should be excused for the malpractice, having 19
regard to all the circumstances (including 20
circumstances connected with the employee's 21
appointment); 22
the court may relieve the employee (in whole or part) from 23
liability for the malpractice, on the terms that the court 24
considers appropriate. 25
(4) If the court makes this decision in proceedings that are being 26
tried with a jury, the court may-- 27
(a) withdraw the case (in whole or part) from the jury; and 28
(b) direct that judgement be entered for the employee on the 29
terms (as to costs or otherwise) that the court considers 30
appropriate. 31
Page 59
Local Government Bill 2009
Chapter 3 The business of local governments
Part 2 Business enterprises and activities
[s 58]
(5) The court may make an order under this section even if 1
proceedings have not yet been brought against the employee 2
for malpractice. 3
58 False or misleading information 4
(1) This section applies to an employee of a corporate entity in 5
the exercise of the powers, and the discharge of the 6
responsibilities, of an employee of the corporate entity. 7
(2) An employee of a corporate entity commits an offence if the 8
employee gives information (either orally or in a document) 9
about the corporate entity's affairs, that the employee knows is 10
false or misleading in a material particular, to any of the 11
following persons-- 12
(a) another employee of the corporate entity; 13
(b) the corporate entity's shareholder; 14
(c) the corporate entity's local government; 15
(d) a councillor of the corporate entity's local government. 16
Maximum penalty-- 17
(a) if the offence was committed with an intent to 18
defraud--500 penalty units or 5 years imprisonment; or 19
(b) otherwise--100 penalty units. 20
(3) However, the employee does not commit an offence in 21
relation to information in a document if, when the employee 22
gives the document to the other person-- 23
(a) the employee tells the other person that the document is 24
false or misleading, and in what respect the document is 25
false or misleading; and 26
(b) if the employee has, or can reasonably obtain, the 27
correct information--the employee gives the other 28
person the correct information. 29
Page 60
Local Government Bill 2009
Chapter 3 The business of local governments
Part 3 Roads and other infrastructure
[s 59]
Part 3 Roads and other infrastructure 1
Division 1 Roads 2
59 What this division is about 3
(1) This division is about roads. 4
(2) A road is-- 5
(a) an area of land that is dedicated to public use as a road; 6
or 7
(b) an area of land that-- 8
(i) is developed for, or has as 1 of its main uses, the 9
driving or riding of motor vehicles; and 10
(ii) is open to, or used by, the public; or 11
(c) a footpath or bicycle path; or 12
(d) a bridge, culvert, ferry, ford, punt, tunnel or viaduct. 13
(3) However, a road does not include-- 14
(a) a State-controlled road; or 15
(b) a public thoroughfare easement. 16
60 Control of roads 17
(1) A local government has control of all roads in its local 18
government area. 19
(2) This control includes being able to-- 20
(a) survey and resurvey roads; and 21
(b) construct, maintain and improve roads; and 22
(c) approve the naming and numbering of private roads; and 23
(d) name and number other roads; and 24
Page 61
Local Government Bill 2009
Chapter 3 The business of local governments
Part 3 Roads and other infrastructure
[s 61]
(e) make a local law to regulate the use of roads, 1
including-- 2
(i) the movement of traffic on roads, subject to the 3
Transport Operations (Road Use Management) 4
Act 1995; and 5
(ii) the parking of vehicles on roads, subject to the 6
Transport Operations (Road Use Management) 7
Act 1995 (including the maximum time that a 8
vehicle may be parked in a designated rest area that 9
adjoins a road, for example); and 10
(iii) by imposing obligations on the owner of land that 11
adjoins a road (including an obligation to fence the 12
land to prevent animals going on the road, for 13
example); and 14
(f) make a local law to regulate the construction, 15
maintenance and use of-- 16
(i) public utilities along, in, over or under roads; and 17
(ii) ancillary works and encroachments along, in, over 18
or under roads; and 19
(g) realign a road in order to widen the road; and 20
(h) acquire land for use as a road. 21
61 Notice of intention to acquire land to widen a road 22
(1) If a local government wants to acquire land in order to widen 23
a road, the local government must give the owner of the land a 24
notice of intention to acquire land. 25
(2) A notice of intention to acquire land informs the owner in 26
general terms of this section and section 62. 27
(3) However, a local government can not, without the consent of 28
the Planning and Environment Court, serve notice of intention 29
to acquire land on an owner of land after the owner has 30
applied to the court-- 31
(a) for approval to subdivide the land; or 32
Page 62
Local Government Bill 2009
Chapter 3 The business of local governments
Part 3 Roads and other infrastructure
[s 62]
(b) for approval, consent or permission-- 1
(i) to erect or use a structure on the land; or 2
(ii) to use the land for any other purpose. 3
(4) The court may consent to the notice of intention to acquire 4
land being served only if the court is satisfied that the purpose 5
of the notice is to enable the local government to make, in 6
good faith, a reasonable widening of the road. 7
(5) After a local government gives an owner a notice of intention 8
to acquire land, the owner must not erect, place, re-erect, 9
replace or repair any structure, or part of a structure, on the 10
land without the local government's permission. 11
(6) The local government must lodge a copy of a notice of 12
intention to acquire land with the registrar of titles for 13
registration on the instrument of title to the land. 14
(7) The registrar of titles may register the notice of intention to 15
acquire land even if the instrument of title is not produced. 16
62 Compensation for a notice of intention to acquire land 17
(1) This section applies to a person who is served with a notice of 18
intention to acquire land, if the person would be entitled to 19
claim compensation for the acquisition of land. 20
(2) The person is entitled to compensation from the local 21
government for injurious affection to the person's interest in 22
the land because of the notice of intention to acquire land. 23
(3) However, the compensation is not payable until-- 24
(a) the land is sold for the first time after the notice of 25
intention to acquire land was served; or 26
(b) after being served with the notice of intention to acquire 27
land, the owner of the land offers the land for sale in 28
good faith, but can not sell the land for a fair and 29
reasonable price. 30
(4) The compensation must be assessed in accordance with the 31
following principles-- 32
Page 63
Local Government Bill 2009
Chapter 3 The business of local governments
Part 3 Roads and other infrastructure
[s 63]
(a) the amount of compensation must represent the 1
difference between-- 2
(i) the market value of the interest in the land 3
immediately after service of the notice of intention 4
to acquire land; and 5
(ii) what would be the market value of the interest in 6
the land, at that time, if the notice had not been 7
served; 8
(b) any benefit that may accrue, because of the realignment 9
of the road, to land adjacent to the land that is affected 10
by the realignment of the road, and in which the 11
claimant has an interest, must be taken into account; 12
(c) the amount of compensation must not be increased 13
because the land that is affected by the realignment of 14
the road has, since the service of the notice of intention 15
to acquire land, become or ceased to be separate from 16
other land. 17
(5) A claim for compensation must be made-- 18
(a) within 3 years after the entitlement to compensation 19
arose; and 20
(b) to the chief executive officer in the approved form. 21
(6) The claim is taken to have been properly made when the 22
claimant has given the local government all the information 23
that the local government reasonably requires to decide the 24
claim. 25
(7) If, within 30 days after the claim is made, the local 26
government has not given the claimant written notice of its 27
decision on the claim, the local government is taken to have 28
refused compensation on the 31st day after the claim is made. 29
63 Appeal on a claim for compensation 30
(1) A person who is aggrieved by the decision of a local 31
government on a claim for compensation may appeal against 32
the decision to the Planning and Environment Court. 33
Page 64
Local Government Bill 2009
Chapter 3 The business of local governments
Part 3 Roads and other infrastructure
[s 64]
(2) The appeal must be started within 30 days after-- 1
(a) notice of the decision is given to the claimant; or 2
(b) the decision is taken to have been made. 3
(3) In order to award compensation, the Planning and 4
Environment Court must be satisfied-- 5
(a) if the land has been sold-- 6
(i) the seller took reasonable steps to obtain a 7
reasonable price for the land; and 8
(ii) the seller sold the land in good faith; and 9
(iii) the sale price is less than the seller might 10
reasonably have expected to receive had there been 11
no notice of intention to acquire land; or 12
(b) if a local government refused the owner permission to 13
erect, place, re-erect, replace or repair any structure, or 14
part of a structure, on the land--the permission was 15
applied for in good faith. 16
64 Acquisition of land instead of compensation 17
(1) After a notice of intention to acquire land is served, but before 18
the land is sold, the local government may acquire the land 19
instead of paying compensation for injurious affection. 20
(2) If, after a notice of intention to acquire land is served, the land 21
is cleared of all structures-- 22
(a) the local government may acquire the land; and 23
(b) if required by the owner of the land, the local 24
government must acquire the land. 25
(3) The acquired land must be dedicated for public use as a road 26
within 3 months after its acquisition. 27
(4) Compensation for the acquisition of the land, if not agreed 28
between the parties, must be assessed as at the date of the 29
acquisition. 30
Page 65
Local Government Bill 2009
Chapter 3 The business of local governments
Part 3 Roads and other infrastructure
[s 65]
65 What is to happen if a realignment is not carried out 1
(1) This section applies if a local government decides not to 2
proceed with the realignment of a road or part of a road after 3
giving a notice of intention to acquire land. 4
(2) This section does not apply to a realignment of road that is 5
necessary to comply with the requirements of a local 6
government under a planning scheme in its application to 7
particular developments in the local government area. 8
(3) The local government must serve notice of its decision not to 9
proceed on all owners of land who were served with a notice 10
of intention to acquire land in connection with that road or 11
part of that road. 12
(4) With regard to any of the notices of intention to acquire land 13
that were lodged with the registrar of titles in connection with 14
that road or part of that road, the local government must-- 15
(a) for any notice of intention to acquire land that has not 16
been registered--withdraw the notice of intention to 17
acquire land; and 18
(b) for any notice of intention to acquire land that has been 19
registered--lodge with the registrar of titles for 20
registration a notice of its decision not to proceed with 21
the realignment of the road, or part of the road. 22
(5) The notice of the local government's decision must inform the 23
owners in general terms of this section and section 66. 24
66 Compensation if realignment not carried out 25
(1) This section applies if-- 26
(a) a local government decides not to proceed with the 27
realignment of a road or part of a road after giving a 28
notice of intention to acquire land; and 29
(b) the local government has made structural improvements 30
on land that adjoins the road on the basis of the 31
proposed realignment being effected. 32
Page 66
Local Government Bill 2009
Chapter 3 The business of local governments
Part 3 Roads and other infrastructure
[s 67]
(2) The local government must pay the owner of the land 1
reasonable compensation for the decrease in value of the land 2
because of the decision. 3
(3) The amount of compensation is the difference between the 4
value of the land before and after the decision. 5
(4) If the local government and the owner fail to agree on the 6
amount of compensation, the amount is to be decided by the 7
Land Court. 8
(5) The provisions of the Acquisition of Land Act 1967 about the 9
making, hearing and deciding of claims for compensation for 10
land taken under that Act apply, with any necessary changes 11
and any changes prescribed under a regulation, to claims for 12
compensation under this section. 13
(6) The local government's decision not to proceed with the 14
realignment of a road, or part of a road, does not give rise to 15
an entitlement to compensation to, or a cause of action by, any 16
owner or occupier of land or other person other than under 17
this section. 18
67 Acquiring land for use as a footpath 19
(1) A local government may acquire land that adjoins a road for 20
use as a footpath. 21
(2) The acquisition of land may be subject to a reservation, in 22
favour of the owner of the land, of any of the following rights 23
that the local government decides (at or before the 24
acquisition) is appropriate-- 25
(a) a right to the ownership, possession, occupation and use 26
of any existing structure, room or cellar-- 27
(i) at a specified height above the level of the new 28
footpath; or 29
(ii) at a specified depth below the level of the new 30
footpath; 31
(b) a right-- 32
Page 67
Local Government Bill 2009
Chapter 3 The business of local governments
Part 3 Roads and other infrastructure
[s 68]
(i) to erect a structure (in accordance with law) at a 1
specified height above the new footpath; and 2
(ii) to the ownership, possession, occupation and use 3
of the structure; 4
(c) a right of support for a structure mentioned in paragraph 5
(a) or (b). 6
(3) The right mentioned in subsection (2)(a) is subject to the local 7
government's right to enter, and make structural alterations to, 8
the structure, room or cellar that the local government 9
considers necessary. 10
68 Notice to local government of opening or closing of roads 11
(1) This section applies if an application is made under the Land 12
Act for the opening or closing of a road in a local government 13
area by someone other than the local government. 14
(2) The Land Act Minister, or the applicant for the application, 15
must give written notice of the application to the local 16
government. 17
(3) The Land Act Minister is the Minister administering the Land 18
Act. 19
(4) The notice must specify a date (no earlier than 1 month or 20
later than 2 months after the local government is given the 21
notice) on or before which the local government may object to 22
the opening or closing of the road. 23
(5) An objection must fully state the reasons for the objection. 24
(6) The Land Act Minister must have regard to any objections 25
properly made by the local government. 26
(7) If the Land Act Minister decides the road should be opened or 27
closed, the Land Act Minister must give written notice to the 28
local government-- 29
(a) of the decision; and 30
(b) if the decision is contrary to the local government's 31
objection, the reasons for the decision. 32
Page 68
Local Government Bill 2009
Chapter 3 The business of local governments
Part 3 Roads and other infrastructure
[s 69]
69 Closing roads 1
(1) A local government may close a road (permanently or 2
temporarily) to traffic or particular traffic, if there is another 3
road or route reasonably available for use by the traffic. 4
(2) Also, the local government may close a road to traffic-- 5
(a) during a temporary obstruction to traffic; or 6
(b) if it is in the interests of public safety; or 7
(c) if it is necessary or desirable to close the road for a 8
temporary purpose (including a fair, for example). 9
(3) The local government must publish notice of the closing of 10
the road, in the way that the local government considers 11
appropriate (including on its website, for example). 12
(4) The local government may do everything necessary to stop 13
traffic using the road after it is closed. 14
(5) If a road is closed to traffic for a temporary purpose, the local 15
government may permit the use of any part of the road 16
(including for the erection of any structure, for example) on 17
the conditions the local government considers appropriate. 18
70 Temporary roads 19
(1) This section applies if-- 20
(a) a local government wants to remake or repair a road; 21
and 22
(b) it is not reasonably practicable to temporarily close the 23
road to traffic while the road works are conducted. 24
(2) The local government may make a temporary road, through 25
land that adjoins the road, to be used while the road is being 26
remade or repaired. 27
(3) However, a local government employee or contractor may 28
enter the land only if-- 29
Page 69
Local Government Bill 2009
Chapter 3 The business of local governments
Part 3 Roads and other infrastructure
[s 70]
(a) the owner or occupier of the land has agreed, in writing 1
that the local government employee or contractor may 2
enter the land; or 3
(b) the local government has given the owner or occupier of 4
the land at least 3 days written notice that states-- 5
(i) the nature of the road works that are to be 6
conducted; and 7
(ii) the proposed route of the temporary road; and 8
(iii) an approximate period when the temporary road is 9
expected to remain on the land. 10
(4) Subsection (3) does not apply if the road works must be 11
urgently conducted, but the local government must give the 12
owner or occupier of the land oral notice of the matters 13
mentioned in subsection (3)(b). 14
(5) The owner of the land may give the chief executive officer a 15
written notice that claims compensation for physical damage 16
caused by the local government entering, occupying or using 17
the land under this section. 18
(6) Compensation is not payable unless the chief executive officer 19
receives the claim-- 20
(a) within 1 year after the occupation or use has ended; or 21
(b) at a later time allowed by the chief executive officer. 22
(7) The compensation equals-- 23
(a) the amount agreed between the person and local 24
government; or 25
(b) if the person and local government can not agree, the 26
amount that is decided by a court. 27
(8) However, the compensation must not be more than the 28
compensation that would have been awarded if the land had 29
been acquired. 30
Page 70
Local Government Bill 2009
Chapter 3 The business of local governments
Part 3 Roads and other infrastructure
[s 71]
71 Road levels 1
(1) The owner or occupier of land that adjoins a road may give 2
written notice to the local government requiring it to advise 3
the owner or occupier of the permanent level that is fixed or to 4
be fixed for the road. 5
(2) If the local government has not, within 6 months after 6
receiving the notice, given the owner or occupier written 7
advice about the permanent level of the road, the local 8
government is taken to have fixed the apparent level of the 9
road when the notice was given as the permanent level of the 10
road. 11
(3) If-- 12
(a) after a local government has fixed the permanent level 13
of a road, the local government changes the level of the 14
road; and 15
(b) the owner or occupier of land that adjoins the road is 16
injuriously affected by the change; 17
the local government must pay the owner or occupier, or their 18
successor in title, compensation. 19
(4) The compensation equals-- 20
(a) the amount that is agreed between the owner or 21
occupier, or their successor in title, and the local 22
government; or 23
(b) if the owner or occupier, or their successor in title, and 24
the local government can not agree--the amount that is 25
decided by the Planning and Environment Court. 26
72 Assessment of impacts on roads from certain activities 27
(1) This section applies if-- 28
(a) a regulation prescribes an activity for this section; and 29
(b) a local government considers that the conduct of the 30
activity is having, or will have, a significant adverse 31
impact on a road in the local government area; and 32
Page 71
Local Government Bill 2009
Chapter 3 The business of local governments
Part 3 Roads and other infrastructure
[s 73]
(c) the activity is not for-- 1
(i) a significant project under the State Development 2
and Public Works Organisation Act 1971; or 3
(ii) a development declared under the local 4
government's planning scheme to be assessable 5
development; or 6
(iii) a road being built under the Land Act, section 110. 7
(2) The local government may require the entity that is 8
conducting the activity to provide information, within a 9
reasonable time, that will enable the local government to 10
assess the impact of the activity on the road. 11
(3) After assessing the impact of the activity on the road, the local 12
government may decide to do 1 or more of the following-- 13
(a) give the entity a direction about the use of the road to 14
lessen the impact; 15
(b) require the entity-- 16
(i) to carry out works to lessen the impact; or 17
(ii) to pay an amount as compensation for the impact. 18
(4) The local government may require the works to be carried out 19
or the amount to be paid before the impact commences or 20
intensifies. 21
(5) The amount of compensation is a debt payable to the local 22
government and may be recovered in a court. 23
(6) A regulation for this section-- 24
(a) must contain a process under which the local 25
government's decision may be reviewed; and 26
(b) may contain a process for enforcing the decision. 27
73 Categorisation of roads 28
A local government must categorise the roads in its local 29
government area according to the surface of the road. 30
Page 72
Local Government Bill 2009
Chapter 3 The business of local governments
Part 3 Roads and other infrastructure
[s 74]
74 Roads map and register 1
(1) A local government must prepare and keep up-to-date-- 2
(a) a map of every road, including private roads, in its local 3
government area; and 4
(b) a register of the roads that shows-- 5
(i) the category of every road; and 6
(ii) the level of every road that has a fixed level; and 7
(iii) other particulars prescribed under a regulation. 8
(2) The register of roads may also show other particulars that the 9
local government considers appropriate. 10
(3) The public may inspect the map and register at the local 11
government's public office. 12
(4) On application and payment of a reasonable fee fixed under a 13
resolution or local law, a person may obtain-- 14
(a) a copy of a map or register of roads; or 15
(b) a certificate signed by an employee of the local 16
government who is authorised for the purpose-- 17
(i) about the category, alignment and levels of roads in 18
its area; or 19
(ii) about the fact that the alignment or level of a road 20
in its area has not been fixed. 21
75 Unauthorised works on roads 22
(1) This section applies to a road in a local government area. 23
(2) A person must not, without lawful excuse (including under 24
another Act, for example), or the written approval of the local 25
government-- 26
(a) carry out works on a road; or 27
(b) interfere with a road or its operation. 28
Maximum penalty--200 penalty units. 29
Page 73
Local Government Bill 2009
Chapter 3 The business of local governments
Part 3 Roads and other infrastructure
[s 76]
(3) Works do not include the maintenance of ancillary works and 1
encroachments, or landscaping, that does not interfere with 2
the road or its operation. 3
(4) An approval may be subject to the conditions decided by the 4
local government. 5
(5) A person must not contravene a condition that applies to a 6
person under subsection (4). 7
Maximum penalty--40 penalty units. 8
(6) If a person carries out works in contravention of this section, 9
the local government may-- 10
(a) dismantle or alter the works; or 11
(b) fix any damage caused by the works. 12
(7) If the local government dismantles or alters the works, or fixes 13
any damage caused by the works, the person must pay the 14
local government the reasonable costs incurred by the local 15
government in doing so. 16
Division 2 Stormwater drains 17
76 What this division is about 18
(1) This division is about stormwater drains and stormwater 19
installations. 20
(2) A stormwater drain is a drain, channel, pipe, chamber, 21
structure, outfall or other works used to receive, store, 22
transport or treat stormwater. 23
(3) A stormwater installation for a property-- 24
(a) is any roof gutters, downpipes, subsoil drains or 25
stormwater drain for the property; but 26
(b) does not include any part of a local government's 27
stormwater drain. 28
Page 74
Local Government Bill 2009
Chapter 3 The business of local governments
Part 3 Roads and other infrastructure
[s 77]
77 Connecting stormwater installation to stormwater drain 1
(1) A local government may, by written notice, require the owner 2
of a property to connect a stormwater installation for the 3
property to the local government's stormwater drain in the 4
way, under the conditions and within the time stated in the 5
notice. 6
(2) The way, condition and time stated in the notice must be 7
reasonable in the circumstances. 8
(3) A person must not connect a stormwater installation for a 9
property to a local government's stormwater drain unless-- 10
(a) the local government has required the owner of the 11
property to do so by a written notice under subsection 12
(1); or 13
(b) the local government has given its approval for the 14
connection. 15
Maximum penalty--165 penalty units. 16
(4) The local government may impose conditions on its approval 17
for the connection, including conditions about the way the 18
connection must be made. 19
(5) If a person connects a stormwater installation under a 20
requirement or approval of the local government, the person 21
must comply with the requirement or approval, unless the 22
owner has a reasonable excuse. 23
Maximum penalty for subsection (5)--165 penalty units. 24
78 No connecting sewerage to stormwater drain 25
(1) The owner of a property must not connect the sewerage 26
installation for property, or allow the sewerage installation for 27
the property to be connected, to any part of-- 28
(a) the stormwater installation for the property; or 29
(b) the stormwater drain of the local government. 30
Maximum penalty--165 penalty units. 31
Page 75
Local Government Bill 2009
Chapter 3 The business of local governments
Part 3 Roads and other infrastructure
[s 78]
(2) A sewerage installation is any of the following-- 1
(a) an on-site sewerage facility within the meaning given in 2
the Plumbing and Drainage Act; 3
(b) a sewer for a property or building unit; 4
(c) sanitary plumbing i.e. any apparatus, fittings, fixtures or 5
pipes that carry sewage to a sanitary drain; 6
(d) sanitary drainage i.e. any apparatus, fittings or pipes for 7
collecting and carrying discharges-- 8
(i) from fixtures (that are directly connected to a 9
sanitary drain) to an on-site sewerage facility or a 10
sewerage treatment system; or 11
(ii) from sanitary plumbing to an on-site sewerage 12
facility or a sewerage treatment system. 13
Examples of apparatus, fittings or pipes for sanitary drainage-- 14
· disconnector gullies 15
· bends at the foot of stacks or below ground level 16
· pipes above ground level that are installed using drainage 17
principles 18
· for an on-site sewerage facility--a pipe (other than a soil or 19
waste pipe) used to carry sewage to or from the facility 20
(3) The owner of a property who becomes aware that the 21
sewerage installation for the property is connected to any part 22
of-- 23
(a) the stormwater installation for the property; or 24
(b) the stormwater drain of the local government; 25
must, as soon as reasonably practicable, take all necessary 26
steps to disconnect the facility, drainage or sewer from the 27
stormwater installation or drain. 28
Maximum penalty--165 penalty units. 29
(4) If the sewerage installation for property is connected to any 30
part of-- 31
(a) the stormwater installation on the property; or 32
Page 76
Local Government Bill 2009
Chapter 3 The business of local governments
Part 3 Roads and other infrastructure
[s 79]
(b) the stormwater drain of the local government; 1
the local government may, by written notice, require the 2
owner of the property to perform the work stated in the notice, 3
within the time stated in the notice. 4
(5) The time stated in the notice must-- 5
(a) be a time that is reasonable in the circumstances; and 6
(b) be at least 1 month after the notice is given to the owner. 7
(6) However, the time stated in the notice may be less than 1 8
month but must not be less than 48 hours if the work stated in 9
the notice-- 10
(a) is required to stop a serious health risk continuing; or 11
(b) relates to a connection that is causing damage to the 12
local government's stormwater drain. 13
(7) The work stated in the notice must be work that is reasonably 14
necessary for fixing or otherwise dealing with the sewerage 15
installation, including for example-- 16
(a) work to remedy a contravention of this Act; or 17
(b) work to disconnect something that was connected to a 18
stormwater drain without the local government's 19
approval. 20
(8) The owner must comply with the notice, unless the owner has 21
a reasonable excuse. 22
Maximum penalty for subsection (8)--165 penalty units. 23
79 No trade waste or prohibited substances in stormwater 24
drain 25
(1) A person must not put trade waste into a stormwater drain. 26
Maximum penalty--1000 penalty units. 27
(2) Trade waste is waterborne waste from business, trade or 28
manufacturing property, other than-- 29
(a) stormwater; and 30
Page 77
Local Government Bill 2009
Chapter 3 The business of local governments
Part 3 Roads and other infrastructure
[s 79]
(b) a prohibited substance. 1
(3) A person must not put a prohibited substance into a 2
stormwater drain. 3
Maximum penalty--1000 penalty units. 4
(4) A prohibited substance is-- 5
(a) a solid or viscous substance in a quantity, or of a size, 6
that can obstruct, or interfere with the operation of, a 7
stormwater drain; or 8
Examples for paragraph (a)-- 9
· ash, cinders, sand, mud, straw and shavings 10
· metal, glass and plastics 11
· paper and plastic dishes, cups and milk containers 12
· rags, feathers, tar and wood 13
· whole blood, paunch manure, hair and entrails 14
· oil and grease 15
· cement laden waste water, including, wash down from 16
exposed aggregate concrete surfaces 17
(b) a flammable or explosive solid, liquid or gaseous 18
substance; or 19
(c) sewage, including human waste; or 20
(d) a substance that, given its quantity, is capable alone, or 21
by interaction with another substance put into a 22
stormwater drain, of-- 23
(i) inhibiting or interfering with the stormwater drain; 24
or 25
(ii) causing damage or a hazard to the stormwater 26
drain; or 27
(iii) causing a hazard for humans or animals; or 28
(iv) creating a public nuisance; or 29
(v) creating a hazard in waters; or 30
Page 78
Local Government Bill 2009
Chapter 3 The business of local governments
Part 3 Roads and other infrastructure
[s 80]
(vi) contaminating the environment in places where 1
stormwater is discharged or reused; or 2
Example for paragraph (d)-- 3
a substance with a pH lower than 6.0 or greater than 10.0, or 4
having another corrosive property 5
(e) a substance that has a temperature of more than-- 6
(i) if the local government has approved a maximum 7
temperature for the substance--the approved 8
maximum temperature; or 9
(ii) otherwise--38ºC. 10
(5) If-- 11
(a) a person puts a prohibited substance in a local 12
government's stormwater drain; and 13
(b) the prohibited substance causes damage to the 14
stormwater drain; 15
the local government may perform work to fix the damage, 16
and may recover the reasonable costs for the work from the 17
person who put the prohibited substance in the stormwater 18
drain. 19
(6) The costs for the work are in addition to any penalty imposed 20
for the offence. 21
80 Interference with path of stormwater 22
(1) A person must not restrict or redirect the flow of stormwater 23
over land in a way that may cause the water to collect and 24
become stagnant. 25
Maximum penalty--165 penalty units. 26
(2) However, this section does not apply to water collected in a 27
dam, wetland, tank or pond, if no offensive material is 28
allowed to accumulate. 29
Page 79
Local Government Bill 2009
Chapter 3 The business of local governments
Part 4 The business of indigenous regional councils
[s 81]
Part 4 The business of indigenous 1
regional councils 2
Division 1 Introduction 3
81 What this part is about 4
(1) This part contains provisions that relate only to a local 5
government that is an indigenous regional council. 6
(2) An indigenous regional council is-- 7
(a) the Northern Peninsula Area Regional Council; or 8
(b) the Torres Strait Island Regional Council; or 9
(c) an indigenous regional council prescribed under a 10
regulation. 11
Division 2 Managing trust land 12
82 What this division is about 13
(1) This division contains provisions that apply to a trustee 14
council. 15
(2) A trustee council is an indigenous regional council that is a 16
trustee of trust land. 17
(3) Trust land is the land described in a deed of grant in trust that 18
is issued under the Land Act. 19
(4) The provisions of this division-- 20
(a) do not affect the status that any land has under the 21
Aboriginal Land Act 1991 or the Torres Strait Islander 22
Land Act 1991; and 23
(b) are additional to the provisions that apply to the land 24
under the Land Act and any other law. 25
Page 80
Local Government Bill 2009
Chapter 3 The business of local governments
Part 4 The business of indigenous regional councils
[s 83]
83 Trustee business must be conducted separately 1
(1) A trustee council must conduct its trustee business separately 2
from its other local government business. 3
(2) Trustee business is any business that relates to trust land. 4
(3) So, the trustee council must-- 5
(a) maintain separate accounts and records for trustee 6
business; and 7
(b) in its capacity as trustee council, formally advise itself, 8
in its capacity as indigenous regional council, of matters 9
relating to trustee business; and 10
(c) hold separate meetings for trustee business from 11
meetings for other local government business. 12
84 Meetings about trust land generally open to the public 13
(1) All meetings relating to trust land must be open to the public, 14
unless the trustee council decides, by resolution, that the 15
meeting be closed to the public. 16
(2) The trustee council may do so only to allow the trustee 17
council to discuss business for which public discussion would 18
be likely to-- 19
(a) prejudice the interests of the trustee council or someone 20
else; or 21
(b) enable a person to gain a financial advantage. 22
(3) For example, a meeting may be closed to the public to allow 23
the trustee council to discuss-- 24
(a) the appointment, discipline or dismissal of local 25
government employees; or 26
(b) industrial matters affecting local government 27
employees; or 28
(c) starting or defending legal proceedings; or 29
(d) that part of the budget that relates to the trust land; or 30
Page 81
Local Government Bill 2009
Chapter 3 The business of local governments
Part 4 The business of indigenous regional councils
[s 85]
(e) contracts proposed to be made by the trustee council. 1
(4) A resolution to close a meeting to the public must specify the 2
general nature of the matters to be discussed while the 3
meeting is closed to the public. 4
(5) The trustee council must not make a resolution (other than a 5
procedural resolution) in a meeting that is closed to the public. 6
85 Community forum input on trust change proposals 7
(1) This section applies if-- 8
(a) a trustee council wants to consider a trust change 9
proposal; and 10
(b) a community forum has been established for the division 11
of the local government where the trust land is located. 12
(2) A trust change proposal is a proposal to make a decision-- 13
(a) to put an improvement (including a structure, for 14
example) on trust land; or 15
(b) to create an interest in trust land (including a lease or 16
mortgage, for example); or 17
(c) that the trustee council has decided, by resolution, must 18
be dealt with as a trust change proposal. 19
(3) The trustee council must give the community forum an 20
opportunity to give input about the trust change proposal. 21
Note-- 22
See division 3 for more information about community forums. 23
(4) The trustee council must give the community forum a written 24
notice that gives the community forum-- 25
(a) reasonably sufficient information about the trust change 26
proposal; and 27
(b) reasonably sufficient time; 28
to allow the community forum to give input about the trust 29
change proposal. 30
Page 82
Local Government Bill 2009
Chapter 3 The business of local governments
Part 4 The business of indigenous regional councils
[s 86]
(5) The trustee council must have regard to any input that is 1
received from the community forum within the time specified 2
in the written notice. 3
(6) If the trustee council proposes to make a decision that is 4
contrary to the community forum's input, the trustee council 5
must give written notice of the reasons for the proposed 6
decision to the community forum. 7
(7) If the community forum advises the trustee council that it does 8
not support the trustee council's proposed decision, the trustee 9
council must take reasonable steps to let the community know. 10
(8) If the trustee council proposes to make a decision that is 11
contrary to the community forum's input, the decision has 12
effect only if-- 13
(a) the decision is approved by a majority of the councillors 14
(other than the mayor), regardless of how many 15
councillors take part in any meeting about the decision; 16
and 17
(b) the councillor for the division of the local government 18
area in which the trust land is situated does not vote 19
against approving the decision. 20
86 Grouping of trust land not available 21
The chief executive under the Land Act must not approve the 22
grouping of trust land under the Land Act, section 62, if any 23
of the trust land is the subject of a community deed of grant in 24
trust. 25
Division 3 Community forums 26
87 Community forums 27
(1) This section applies if the Minister decides to establish a 28
community forum for-- 29
(a) an indigenous regional council; or 30
Page 83
Local Government Bill 2009
Chapter 3 The business of local governments
Part 4 The business of indigenous regional councils
[s 87]
(b) if an indigenous regional council is divided into 1
divisions--any of those divisions. 2
(2) A community forum is a body that is created under this Act to 3
be responsible for meeting with the local community to 4
discuss issues relating to-- 5
(a) trust land; and 6
(b) planning; and 7
(c) the delivery of services; and 8
(d) culture. 9
(3) The local community is the community living in the local 10
government area or division for which the community forum 11
is established. 12
(4) A community forum is made up of-- 13
(a) a chairperson, who is the councillor for the division; and 14
(b) at least 3, but not more than 7, elected members. 15
(5) The Minister must consult with the indigenous regional 16
council before deciding-- 17
(a) how many elected members the community forum is to 18
have; or 19
(b) what to call a community forum. 20
(6) The Minister must publish the following information in a 21
newspaper that is circulating generally in the local 22
government area-- 23
(a) the name of the community forum; 24
(b) the names of the members of the community forum. 25
(7) An indigenous regional council must decide all matters 26
necessary for the operation of its community forums. 27
(8) An indigenous regional council must not create any other 28
body to carry out the responsibilities of a community forum. 29
Page 84
Local Government Bill 2009
Chapter 3 The business of local governments
Part 4 The business of indigenous regional councils
[s 88]
88 Members of a community forum 1
(1) This section is about the members of a community forum. 2
(2) An election for the elected members must be held at the same 3
time as, or is as close as practicable to, the quadrennial 4
elections for the indigenous regional council. 5
(3) A person is not qualified to be elected as a member if the 6
person is-- 7
(a) if the members are being elected at the same time as the 8
mayor of the indigenous regional council--a candidate 9
for election as the mayor; or 10
(b) the mayor of the indigenous regional council. 11
(4) A person stops being a member if the person-- 12
(a) for a member who is the chairperson--stops being a 13
councillor; or 14
(b) for any other member-- 15
(i) resigns by signed notice of resignation given to the 16
Minister; or 17
(ii) completes a term of office but is not re-elected. 18
(5) A regulation must set out-- 19
(a) the process for the election of the members; and 20
(b) the qualifications that a person must have to be a 21
member; and 22
(c) the process for filling a vacancy in the office of a 23
member. 24
89 Payments to elected members of a community forum 25
(1) An elected member of a community forum is not entitled to be 26
paid any remuneration. 27
(2) However, an indigenous regional council may authorise-- 28
Page 85
Local Government Bill 2009
Chapter 3 The business of local governments
Part 4 The business of indigenous regional councils
[s 90]
(a) the payment of the expenses incurred, or to be incurred, 1
by the elected members of a community forum; or 2
(b) the provision of facilities to the elected members of a 3
community forum. 4
90 Convenors for a community forum 5
(1) Each community forum must have a convenor. 6
(2) A convenor is a person who is responsible for-- 7
(a) giving the local community notice of the time and date 8
of the community forum's meetings; and 9
(b) ensuring, to the greatest extent practicable, that the 10
community forum operates in an effective and efficient 11
way; and 12
(c) providing advice to the indigenous regional council; and 13
(d) providing necessary administrative support to the 14
community forum; and 15
(e) liaising between the community forum and the 16
indigenous regional council; and 17
(f) any other responsibilities that the indigenous regional 18
council decides, by resolution, to give to the convenor. 19
(3) An indigenous regional council must appoint a qualified 20
person to be the convenor for a community forum. 21
(4) A person is qualified to be the convenor if the person-- 22
(a) has experience in the administration of land; but 23
(b) is not-- 24
(i) a councillor of the indigenous regional council; or 25
(ii) a member of the community forum. 26
(5) A person may be appointed to be the convenor for 2 or more 27
community forums if the indigenous regional council is 28
satisfied that the person can effectively exercise the 29
responsibilities for the 2 or more community forums. 30
Page 86
Local Government Bill 2009
Chapter 4 Finances and accountability
Part 1 Rates and charges
[s 91]
(6) A convenor may be appointed on a full-time or part-time 1
basis. 2
(7) A convenor holds the position on the conditions that the 3
indigenous regional council decides. 4
(8) A convenor may not vote at meetings of the community 5
forum. 6
(9) A convenor may perform responsibilities for the indigenous 7
regional council in addition to the convenor's responsibilities 8
as a convenor. 9
(10) A person stops being a convenor if the person-- 10
(a) resigns by signed notice of resignation given to the 11
Minister; or 12
(b) completes a term of office but is not reappointed. 13
Chapter 4 Finances and accountability 14
Part 1 Rates and charges 15
91 What this part is about 16
(1) This part is about rates and charges. 17
(2) Rates and charges are levies that a local government 18
imposes-- 19
(a) on land; and 20
(b) for a service, facility or activity that is supplied or 21
undertaken by-- 22
(i) the local government; or 23
Page 87
Local Government Bill 2009
Chapter 4 Finances and accountability
Part 1 Rates and charges
[s 92]
(ii) someone on behalf of the local government 1
(including a garbage collection contractor, for 2
example). 3
92 Types of rates and charges 4
(1) There are 4 types of rates and charges-- 5
(a) general rates (including differential rates); and 6
(b) special rates and charges; and 7
(c) utility charges; and 8
(d) separate rates and charges. 9
(2) General rates are for services, facilities and activities that are 10
supplied or undertaken for the benefit of the community in 11
general (rather than a particular person). 12
Example-- 13
General rates contribute to the cost of roads and library services that 14
benefit the community in general. 15
(3) Special rates and charges are for services, facilities and 16
activities that have a special association with particular land 17
because-- 18
(a) the land or its occupier-- 19
(i) specially benefits from the service, facility or 20
activity; or 21
(ii) has or will have special access to the service, 22
facility or activity; or 23
(b) the land is or will be used in a way that specially 24
contributes to the need for the service, facility or 25
activity; or 26
(c) the occupier of the land specially contributes to the need 27
for the service, facility or activity. 28
Examples-- 29
Special rates and charges could be levied-- 30
Page 88
Local Government Bill 2009
Chapter 4 Finances and accountability
Part 1 Rates and charges
[s 93]
· for the cost of maintaining a road in an industrial area that is 1
regularly used by heavy vehicles 2
· for the cost of replacing the drainage system in only part of the 3
local government area 4
· on land that is used only by businesses that would benefit from 5
the promotion of tourism in the local government area. 6
(4) Utility charges are for a service, facility or activity for any of 7
the following utilities-- 8
(a) waste management; 9
(b) gas; 10
(c) sewerage; 11
(d) water. 12
(5) Separate rates and charges are for any other service, facility 13
or activity. 14
93 Land on which rates are levied 15
(1) Rates may be levied on rateable land. 16
(2) Rateable land is any land or building unit, in the local 17
government area, that is not exempted from rates. 18
(3) The following land is exempted from rates-- 19
(a) unallocated State land within the meaning of the Land 20
Act; 21
(b) land that is occupied by the State or a government entity, 22
unless-- 23
(i) the government entity is a GOC or its subsidiary 24
(within the meaning of the Government Owned 25
Corporations Act 1993) and the government entity 26
is not exempt from paying rates; or 27
(ii) the land is leased to the State or a government 28
entity by someone who is not the State or a 29
government entity; 30
Page 89
Local Government Bill 2009
Chapter 4 Finances and accountability
Part 1 Rates and charges
[s 93]
(c) land in a state forest or timber reserve, other than land 1
occupied under-- 2
(i) an occupation permit or stock grazing permit under 3
the Forestry Act; or 4
(ii) a lease under the Land Act; 5
(d) Aboriginal land under the Aboriginal Land Act 1991, or 6
Torres Strait Islander land under the Torres Strait 7
Islander Land Act 1991, other than a part of the land that 8
is used for commercial or residential purposes; 9
(e) the following land under the Transport Infrastructure 10
Act-- 11
(i) strategic port land that is occupied by a port 12
authority, the State, or a government entity; 13
(ii) strategic port land that is occupied by a wholly 14
owned subsidiary of a port authority, and is used in 15
connection with the Cairns International Airport or 16
Mackay Airport; 17
(iii) existing or new rail corridor land; 18
(iv) commercial corridor land that is not subject to a 19
lease; 20
(f) airport land, within the meaning of the Airport Assets 21
(Restructuring and Disposal) Act 2008, that is used for a 22
runway, taxiway, apron, road, vacant land, buffer zone 23
or grass verge; 24
(g) land that is exempted from rating under-- 25
(i) another Act; or 26
(ii) a regulation, for religious, charitable, educational 27
or other public purposes. 28
(4) The land mentioned in subsection (3)(f) stops being exempted 29
land when either of the following events first happens-- 30
Page 90
Local Government Bill 2009
Chapter 4 Finances and accountability
Part 1 Rates and charges
[s 94]
(a) a development permit under the Planning Act comes 1
into force for the land for a use that is not mentioned in 2
subsection (3)(f); 3
(b) development within the meaning of the Planning Act 4
(other than reconfiguring a lot) starts for a use that is not 5
mentioned in subsection (3)(f). 6
94 Power to levy rates and charges 7
(1) Each local government-- 8
(a) must levy general rates on all rateable land within the 9
local government area; and 10
(b) may levy-- 11
(i) special rates and charges; and 12
(ii) utility charges; and 13
(iii) separate rates and charges. 14
(2) A local government must decide, by resolution at the local 15
government's budget meeting for a financial year, what rates 16
and charges are to be levied for that financial year. 17
95 Overdue rates are a charge over land 18
(1) This section applies if the owner of land owes a local 19
government for overdue rates. 20
(2) The overdue rates are a charge on the land. 21
(3) The local government may register the charge over the land 22
by lodging the following documents with the registrar of 23
titles-- 24
(a) a request to register the charge over the land, in the 25
appropriate form; 26
(b) a certificate signed by the chief executive officer that 27
states there is a charge over the land for overdue rates. 28
Page 91
Local Government Bill 2009
Chapter 4 Finances and accountability
Part 2 Fees
[s 96]
(4) After the charge is registered over the land, the charge has 1
priority over any other encumbrances over the land, other than 2
encumbrances in favour of-- 3
(a) the State; or 4
(b) a government entity. 5
(5) If the overdue rates are paid, the local government must lodge 6
the following documents with the registrar of titles-- 7
(a) a request to release the charge over the land, in the 8
appropriate form; 9
(b) a certificate signed by the chief executive officer that 10
states the overdue rates have been paid. 11
(6) This section does not limit any other remedy that the local 12
government has to recover the overdue rates (including selling 13
the land, for example). 14
96 Regulations for rates and charges 15
A regulation may provide for any matter connected with rates 16
and charges, including for example-- 17
(a) concessions; and 18
(b) the categorisation of land for rates and charges; and 19
(c) the process for recovering overdue rates, including by 20
the sale of the land to which the rates relate. 21
Part 2 Fees 22
97 Cost-recovery fees 23
(1) A local government may, under a local law or a resolution, fix 24
a cost-recovery fee. 25
(2) A cost-recovery fee is a fee for-- 26
Page 92
Local Government Bill 2009
Chapter 4 Finances and accountability
Part 2 Fees
[s 97]
(a) an application for the issue or renewal of a licence, 1
permit, registration or other approval under a Local 2
Government Act (an application fee); or 3
(b) recording a change of ownership of land; or 4
(c) giving information kept under a Local Government Act; 5
or 6
(d) seizing property or animals under a Local Government 7
Act; or 8
(e) the performance of another responsibility imposed on 9
the local government under the Building Act or the 10
Plumbing and Drainage Act. 11
(3) A local law or resolution for subsection (2)(d) or (e) must 12
state-- 13
(a) the person liable to pay the cost-recovery fee; and 14
(b) the time within which the fee must be paid. 15
(4) A cost-recovery fee, other than an application fee, must not be 16
more than the cost to the local government of taking the action 17
for which the fee is charged. 18
(5) However, an application fee may also include a tax-- 19
(a) in the circumstances and for a purpose prescribed under 20
a regulation; and 21
(b) if the local government decides, by resolution, that the 22
purpose of the tax benefits its local government area. 23
(6) The local law or resolution that fixes an application fee that 24
includes a tax must state the amount, and the purpose, of the 25
tax. 26
(7) If an application fee that includes a tax is payable in relation 27
to land, the tax applies only in relation to land that is rateable 28
land. 29
(8) A local government may fix a cost-recovery fee by resolution 30
even if the fee had previously been fixed by a local law. 31
Page 93
Local Government Bill 2009
Chapter 4 Finances and accountability
Part 2 Fees
[s 98]
98 Register of cost-recovery fees 1
(1) A local government must keep a register of its cost-recovery 2
fees. 3
(2) The register must state the paragraph of section 97(2) under 4
which the cost-recovery fee is fixed. 5
(3) Also, the register must state-- 6
(a) for a cost-recovery fee under section 97(2)(a)--the 7
provision of the Local Government Act under which the 8
licence, permit, registration or other approval is issued 9
or renewed; or 10
(b) for a cost-recovery fee under section 97(2)(c)--the 11
provision of the Local Government Act under which the 12
information is kept; or 13
(c) for a cost-recovery fee under section 97(2)(d)--the 14
provision of the Local Government Act under which the 15
property or animals are seized; or 16
(d) for a cost-recovery fee under section 97(2)(e)--the 17
provision of the Building Act or the Plumbing and 18
Drainage Act under which the responsibility is imposed. 19
(4) The public may inspect the register at the local government's 20
public office. 21
99 Fees on occupiers of land below the high-water mark 22
(1) This section applies to the occupier (other than the State or a 23
government entity) of a structure that is on land that-- 24
(a) is not rateable land, and therefore not subject to rates; 25
and 26
(b) is below the high-water mark. 27
(2) The high-water mark is the ordinary high-water mark at 28
spring tides. 29
Page 94
Local Government Bill 2009
Chapter 4 Finances and accountability
Part 3 Financial sustainability and accountability
[s 100]
(3) A local government may, by resolution, levy a fee on the 1
occupier of the structure for the use of the local government's 2
roads and other infrastructure. 3
100 Fees on residents of indigenous local government areas 4
(1) An indigenous local government may, by resolution, levy a 5
fee on residents of its local government area. 6
(2) The indigenous local government may exempt a resident from 7
paying the fee, if another amount is payable to the indigenous 8
local government in relation to the property in which the 9
resident resides. 10
Part 3 Financial sustainability and 11
accountability 12
101 Statutory Bodies Financial Arrangements Act applies to 13
local governments 14
(1) A local government is a statutory body for the Statutory 15
Bodies Financial Arrangements Act. 16
(2) Part 2B of that Act sets out the way in which that Act affects a 17
local government's powers. 18
102 Financial sustainability criteria 19
(1) To ensure that local governments are financially sustainable, 20
each local government must implement systems to meet the 21
following financial sustainability criteria-- 22
(a) financial risks are to be managed prudently; 23
(b) financial policies are to be formulated-- 24
(i) to ensure a reasonable degree of equity, stability 25
and predictability; and 26
Page 95
Local Government Bill 2009
Chapter 4 Finances and accountability
Part 3 Financial sustainability and accountability
[s 103]
(ii) so that current services, facilities and activities are 1
financed by the current users of the services, 2
facilities and activities; and 3
(iii) having regard to the effect of the policies on the 4
future users of services, facilities and activities; 5
(c) full, accurate and timely information about the local 6
government's finances and infrastructure (including a 7
report mentioned in section 104(7), for example) is to be 8
made available to the public on the local government's 9
website. 10
(2) A local government is financially sustainable if the local 11
government is able to maintain its financial capital and 12
infrastructure capital over the long term. 13
103 Financial management systems 14
(1) Each local government must establish a system of financial 15
management that complies with the requirements prescribed 16
under a regulation. 17
(2) The local government must regularly review the performance 18
of its system of financial management. 19
104 Financial management, planning and accountability 20
documents 21
(1) The following documents of a local government must comply 22
with the requirements prescribed under a regulation-- 23
(a) the financial management documents; 24
(b) the planning and accountability documents. 25
(2) The financial management documents include the following 26
documents-- 27
(a) an annual budget; 28
(b) a general purpose financial report; 29
(c) a financial forecast; 30
Page 96
Local Government Bill 2009
Chapter 4 Finances and accountability
Part 3 Financial sustainability and accountability
[s 104]
(d) an asset register that records-- 1
(i) capital expenditure; and 2
(ii) depreciation charges; and 3
(iii) revaluation increments and decrements; 4
(e) a revenue statement. 5
(3) The planning and accountability documents include the 6
following documents-- 7
(a) an annual report; 8
(b) a 5 year corporate plan; 9
(c) an annual operational plan; 10
(d) a long-term community plan; 11
(e) a long-term financial plan; 12
(f) a long-term asset management plan; 13
(g) a report on the results of an annual review of the 14
implementation of the long term plans mentioned in this 15
section. 16
(4) A long-term community plan is a document that-- 17
(a) outlines the local government's goals, strategies and 18
policies for implementing the local government's vision 19
for the future of the local government area, during the 20
period covered by the plan; and 21
(b) covers a period of at least 10 years after the 22
commencement of the plan. 23
(5) A long-term financial plan is a document that-- 24
(a) outlines the local government's goals, strategies and 25
policies for managing the local government's finances, 26
during the period covered by the plan, including the 27
following policies-- 28
(i) an investment policy; 29
(ii) a debt policy; 30
Page 97
Local Government Bill 2009
Chapter 4 Finances and accountability
Part 3 Financial sustainability and accountability
[s 105]
(iii) a procurement policy; 1
(iv) a revenue policy; and 2
(b) covers a period of at least 10 years after the 3
commencement of the plan. 4
(6) A long-term asset management plan is a document that-- 5
(a) outlines the local government's policies and strategies 6
for ensuring the sustainable management of the local 7
government's assets and infrastructure, during the 8
period covered by the plan; and 9
(b) covers a period of at least 10 years after the 10
commencement of the plan. 11
(7) A local government must annually conduct, and report on the 12
results of, a review of the implementation of the local 13
government's long-term plans mentioned in this section. 14
105 Auditing, including internal auditing 15
(1) Each local government must establish an efficient and 16
effective internal audit function. 17
(2) Each large local government must also establish an audit 18
committee. 19
(3) A large local government is a local government that belongs 20
to a class prescribed under a regulation. 21
(4) An audit committee is a committee that-- 22
(a) monitors and reviews-- 23
(i) the integrity of financial documents; and 24
(ii) the internal audit function; and 25
(iii) the effectiveness and objectivity of the local 26
government's internal auditors; and 27
(iv) the effectiveness, independence and objectivity of 28
the local government's external auditors; and 29
Page 98
Local Government Bill 2009
Chapter 4 Finances and accountability
Part 3 Financial sustainability and accountability
[s 106]
(b) makes recommendations to the local government about 1
the appointment of the local government's external 2
auditors; and 3
(c) makes recommendations to the local government about 4
any matters that the audit committee considers need 5
action or improvement. 6
(5) This section applies in addition to the requirements of the 7
Statutory Bodies Financial Arrangements Act. 8
106 Sound contracting principles 9
(1) This section is about contracts for-- 10
(a) the supply of goods or services; or 11
(b) the carrying out of work; or 12
(c) the disposal of assets. 13
(2) When entering into a contract, a local government must have 14
regard to the sound contracting principles. 15
(3) The sound contracting principles are-- 16
(a) value for money; and 17
(b) open and effective competition; and 18
(c) the development of competitive local business and 19
industry; and 20
(d) environmental protection; and 21
(e) ethical behaviour and fair dealing. 22
107 Insurance 23
(1) A local government must maintain the following insurance-- 24
(a) public liability insurance; 25
(b) professional indemnity insurance. 26
(2) The insurance must be for at least the amount required under a 27
regulation. 28
Page 99
Local Government Bill 2009
Chapter 4 Finances and accountability
Part 4 Councillor's financial accountability
[s 108]
(3) A local government may enter into a contract of insurance 1
with WorkCover Queensland, or another insurer, to cover its 2
councillors. 3
(4) For that purpose, a councillor's role includes attending-- 4
(a) meetings of the local government or its committees that 5
the councillor is entitled or asked to attend; and 6
(b) meetings for a resident of the local government area; 7
and 8
(c) conferences, deputations, inspections and meetings at 9
which the councillor's attendance is permitted by the 10
local government; and 11
(d) official functions organised for the local government. 12
Part 4 Councillor's financial 13
accountability 14
108 Misappropriation offence applies 15
Nothing in this part stops proceedings being brought in 16
relation to an offence against the Criminal Code, section 440. 17
109 Councillor's discretionary funds 18
(1) A councillor must ensure that the councillor's discretionary 19
funds are used in accordance with the requirements prescribed 20
under a regulation. 21
(2) Discretionary funds are funds in the local government's 22
operating fund that are budgeted for use by a councillor at the 23
councillor's discretion. 24
Page 100
Local Government Bill 2009
Chapter 4 Finances and accountability
Part 4 Councillor's financial accountability
[s 110]
110 Councillor's liable for improper disbursements 1
(1) This section applies if-- 2
(a) a local government disburses local government funds in 3
a financial year; and 4
(b) the disbursement-- 5
(i) is not provided for in the local government's 6
budget for the financial year; and 7
(ii) is made without the approval of the local 8
government by resolution. 9
(2) The local government must give the public notice of the 10
disbursement in a newspaper that is circulating generally in 11
the local government area, within 14 days after the 12
disbursement is made. 13
(3) If the disbursement is not made for a genuine emergency or 14
hardship, the councillors who knowingly agree to the 15
disbursement are jointly and severally liable to pay the local 16
government-- 17
(a) the amount of the disbursement; and 18
(b) interest on the amount of the disbursement, at the rate at 19
which interest accrues on overdue rates, calculated from 20
the day of the disbursement to the day of repayment; and 21
(c) any fees, charges, penalties or other expenses incurred 22
by the local government in relation to the disbursement. 23
(4) Those amounts may be recovered as a debt payable to the 24
local government. 25
111 Councillor's liable for loans to individuals 26
(1) A local government must not, either directly or indirectly, 27
make or guarantee a loan to an individual. 28
(2) Guarantee a loan includes provide a security in connection 29
with a loan. 30
Page 101
Local Government Bill 2009
Chapter 4 Finances and accountability
Part 4 Councillor's financial accountability
[s 112]
(3) The councillors who knowingly agree to loan the money are 1
jointly and severally liable to pay the local government-- 2
(a) the amount of the loan; and 3
(b) interest on the amount of the loan, at the rate at which 4
interest accrues on overdue rates, calculated from the 5
day of the borrowing to the day of repayment; and 6
(c) any fees, charges, penalties or other expenses incurred 7
by the local government in relation to the loan. 8
(4) Those amounts may be recovered as a debt payable to the 9
local government. 10
112 Councillor's liable for improper borrowings 11
(1) This section applies if a local government borrows money-- 12
(a) for a purpose that is not for the good rule and 13
government of the local government area; or 14
(b) in contravention of this Act or the Statutory Bodies 15
Financial Arrangements Act. 16
(2) The councillors who knowingly agree to borrow the money 17
are jointly and severally liable to pay the local government-- 18
(a) the amount borrowed; and 19
(b) interest on the amount borrowed, at the rate at which 20
interest accrues on overdue rates, calculated from the 21
day of the borrowing to the day of repayment; and 22
(c) any fees, charges, penalties or other expenses incurred 23
by the local government in relation to the borrowing. 24
(3) Those amounts may be recovered as a debt payable to the 25
local government. 26
(4) This section applies despite-- 27
(a) the fact that a security was issued for the borrowing; or 28
(b) the Statutory Bodies Financial Arrangements Act. 29
Page 102
Local Government Bill 2009
Chapter 5 Monitoring and enforcing the Local Government Acts
Part 1 Local governments
[s 113]
Chapter 5 Monitoring and enforcing 1
the Local Government Acts 2
Part 1 Local governments 3
Division 1 Introduction 4
113 What this part is about 5
(1) The purpose of this part is to allow the Minister, on behalf of 6
the State-- 7
(a) to gather information (including under a direction) to 8
monitor and evaluate whether a local government-- 9
(i) is performing its responsibilities properly; or 10
(ii) is complying with the Local Government Acts; and 11
(b) if the information shows that the local government is not 12
performing its responsibilities properly, or is not 13
complying with the Local Government Acts--to take 14
remedial action. 15
(2) Remedial action is action to improve the local government's 16
performance or compliance. 17
(3) Remedial action may include, for example, directing the local 18
government-- 19
(a) to take the action that is necessary to comply with a 20
Local Government Act; or 21
(b) to replace a resolution, that is contrary to a Local 22
Government Act, with a resolution that complies with 23
the Local Government Act; or 24
(c) to amend a local law by removing a provision that is 25
contrary to a Local Government Act. 26
Page 103
Local Government Bill 2009
Chapter 5 Monitoring and enforcing the Local Government Acts
Part 1 Local governments
[s 114]
114 Decisions under this part are not subject to appeal 1
A decision of the Minister under this part is not subject to 2
appeal. 3
Note-- 4
See section 244 for more information. 5
Division 2 Monitoring and evaluation 6
115 Gathering information 7
(1) To monitor and evaluate a local government's performance 8
and compliance, the department's chief executive may 9
examine the information contained in the local government's 10
records and operations. 11
(2) For example, this may include an examination of-- 12
(a) an activity or program of the local government; or 13
(b) the systems and practices of the local government. 14
(3) The department's chief executive may conduct the 15
examination in any way that the department's chief executive 16
considers appropriate. 17
(4) Also, the department's chief executive may request a local 18
government to provide any other information. 19
(5) The request must be made in writing, and specify a reasonable 20
time within which the local government must provide the 21
information. 22
(6) The local government must cooperate fully with the 23
department's chief executive under this section. 24
116 Acting on the information gathered 25
(1) This section applies if the information gathered by the 26
department's chief executive shows that the local 27
government-- 28
Page 104
Local Government Bill 2009
Chapter 5 Monitoring and enforcing the Local Government Acts
Part 1 Local governments
[s 117]
(a) is not performing its responsibilities properly; or 1
(b) is not complying with the Local Government Acts. 2
(2) The department's chief executive may-- 3
(a) give the information to the Minister; and 4
(b) make any recommendations to the Minister about what 5
remedial action to take. 6
(3) The Minister may take the remedial action that the Minister 7
considers appropriate in the circumstances. 8
(4) The Minister may publish the following information-- 9
(a) the way in which the local government-- 10
(i) is not performing its responsibilities properly; or 11
(ii) is not complying with the Local Government Acts; 12
(b) the remedial action that the Minister has taken. 13
(5) The Minister may-- 14
(a) publish the information in a newspaper that is 15
circulating generally in the local government area; or 16
(b) direct the local government to publish the information 17
on the local government's website. 18
117 Advisors 19
(1) This section applies if the information gathered by the 20
department's chief executive shows that the local 21
government-- 22
(a) is not performing its responsibilities properly; or 23
(b) is not complying with the Local Government Acts. 24
(2) The department's chief executive may, by gazette notice, 25
appoint an advisor for the local government. 26
(3) An advisor is responsible for-- 27
(a) helping the local government to build its capacity-- 28
Page 105
Local Government Bill 2009
Chapter 5 Monitoring and enforcing the Local Government Acts
Part 1 Local governments
[s 118]
(i) to perform its responsibilities properly; or 1
(ii) to comply with the Local Government Acts; and 2
(b) performing other related duties as directed by the 3
department's chief executive. 4
(4) The local government must cooperate fully with the advisor. 5
118 Financial controllers 6
(1) This section applies if the information gathered by the 7
department's chief executive shows that the local 8
government-- 9
(a) is not performing its responsibilities properly; or 10
(b) is not complying with the Local Government Acts. 11
(2) The department's chief executive may, by gazette notice, 12
appoint a financial controller for the local government. 13
(3) A financial controller is responsible for-- 14
(a) implementing financial controls as directed by the 15
department's chief executive; and 16
(b) performing other related duties as directed by the 17
department's chief executive. 18
(4) The local government must cooperate fully with the financial 19
controller. 20
(5) If a financial controller is appointed, a payment from an 21
account kept by the local government with a financial 22
institution may be made only by-- 23
(a) a cheque countersigned by the financial controller; or 24
(b) an electronic funds transfer authorised by the financial 25
controller. 26
(6) However, if the financial controller reasonably believes a 27
decision, resolution or order to make a payment is financially 28
unsound, the financial controller must-- 29
(a) refuse to make a payment; and 30
Page 106
Local Government Bill 2009
Chapter 5 Monitoring and enforcing the Local Government Acts
Part 1 Local governments
[s 119]
(b) advise the department's chief executive about why the 1
decision, resolution or order is financially unsound. 2
(7) A decision, resolution or order is financially unsound if the 3
decision, resolution or order-- 4
(a) may cause the local government to become insolvent; or 5
(b) will result in unlawful expenditure by the local 6
government; or 7
(c) will result in a disbursement from a fund that is not 8
provided for in the local government's budget; or 9
(d) will result in expenditure from grant moneys for a 10
purpose other than the purpose for which the grant was 11
given. 12
119 Costs and expenses of advisors and financial controllers 13
(1) The department's chief executive may direct a local 14
government for which an advisor or financial controller is 15
appointed to pay the Minister a stated amount for-- 16
(a) the salary and allowances payable to the advisor or 17
financial controller; and 18
(b) the costs and expenses of the advisor or financial 19
controller. 20
(2) The direction may state a time for payment. 21
(3) The stated amount is a debt payable to the State. 22
Division 3 Action by the Minister 23
120 Precondition to remedial action 24
(1) This section applies if the Minister proposes to exercise a 25
power under this division. 26
Page 107
Local Government Bill 2009
Chapter 5 Monitoring and enforcing the Local Government Acts
Part 1 Local governments
[s 120]
(2) The Minister must give the local government or councillor in 1
question a written notice of the proposal to exercise the power, 2
before the power is exercised, unless-- 3
(a) the local government or councillor asked the Minister to 4
exercise the power; or 5
(b) if the Minister proposes to exercise a power under 6
section 122 or 123--the tribunal has made a 7
recommendation under section 180 to suspend or 8
dismiss a councillor; or 9
(c) the Minister considers that giving notice-- 10
(i) is likely to defeat the purpose of the exercise of the 11
power; or 12
(ii) would serve no useful purpose. 13
(3) The notice must state-- 14
(a) the power that the Minister proposes to exercise; and 15
(b) the reasons for exercising the power; and 16
(c) any remedial action that the local government or 17
councillor should take; and 18
(d) a reasonable time within which the local government or 19
councillor may make submissions to the Minister about 20
the proposal to exercise the power. 21
(4) The reasons stated in the notice are the only reasons that can 22
be relied on in support of the exercise of the power. 23
(5) The Minister must have regard to all submissions that are 24
made by the local government or councillor within the time 25
specified in the notice. 26
(6) If-- 27
(a) the Minister receives no submissions from the local 28
government or councillor within the time specified in 29
the notice; or 30
Page 108
Local Government Bill 2009
Chapter 5 Monitoring and enforcing the Local Government Acts
Part 1 Local governments
[s 121]
(b) the submissions from the local government or councillor 1
do not contain reasonable grounds to persuade the 2
Minister not to exercise the power; 3
the Minister may exercise the power without further notice to 4
the local government or councillor. 5
121 Removing unsound decisions 6
(1) This section applies if the Minister reasonably believes that a 7
decision of the local government is contrary to any of the 8
Local Government Acts. 9
(2) A decision is-- 10
(a) a local law; or 11
(b) a resolution; or 12
(c) an order to give effect to a resolution; or 13
(d) a planning scheme; or 14
(e) an interim development control provision; or 15
(f) a part of a decision mentioned in paragraphs (a) to (e). 16
(3) The Minister, by a gazette notice, may-- 17
(a) suspend the decision, for a specified period or 18
indefinitely; or 19
(b) revoke the decision. 20
(4) The gazette notice must state-- 21
(a) how the decision is contrary to a Local Government Act; 22
and 23
(b) if the decision has been suspended--how the decision 24
may be amended so that it is no longer contrary to the 25
Local Government Act. 26
(5) If the Minister suspends the decision, the decision stops 27
having effect for the period specified in the gazette notice. 28
(6) If the Minister revokes the decision-- 29
Page 109
Local Government Bill 2009
Chapter 5 Monitoring and enforcing the Local Government Acts
Part 1 Local governments
[s 122]
(a) the decision stops having effect on the day specified in 1
the gazette notice; or 2
(b) if no day is specified in the gazette notice--the decision 3
is taken to never have had effect. 4
(7) The State is not liable for any loss or expense incurred by a 5
person because a local government's decision is suspended or 6
revoked under this section. 7
122 Removing a councillor 8
(1) This section applies if-- 9
(a) the tribunal recommends under section 180 that a 10
councillor be suspended or dismissed; or 11
(b) the Minister reasonably believes that a councillor has 12
seriously or continuously breached the local government 13
principles; or 14
(c) the Minister reasonably believes that a councillor is 15
incapable of performing their responsibilities. 16
(2) The Minister may recommend that the Governor in Council-- 17
(a) if the tribunal recommends that a councillor be 18
suspended or dismissed--suspend or dismiss the 19
councillor; or 20
(b) if the proposal in the Minister's notice under section 120 21
was to suspend the councillor for a stated 22
period--suspend the councillor for a period that is no 23
longer than the stated period; or 24
(c) if the proposal in the Minister's notice under section 120 25
was to dismiss the councillor--suspend or dismiss the 26
councillor. 27
(3) The Governor in Council may give effect to the Minister's 28
recommendation under a regulation. 29
Page 110
Local Government Bill 2009
Chapter 5 Monitoring and enforcing the Local Government Acts
Part 1 Local governments
[s 123]
123 Dissolving a local government 1
(1) This section applies if-- 2
(a) the tribunal recommends under section 180 that every 3
councillor be suspended or dismissed; or 4
(b) the Minister reasonably believes that a local government 5
has seriously or continuously breached the local 6
government principles; or 7
(c) the Minister reasonably believes that a local government 8
is incapable of performing its responsibilities. 9
(2) The Minister may recommend that the Governor in Council-- 10
(a) dissolve the local government; and 11
(b) appoint an interim administrator to act in place of the 12
councillors until the conclusion of a fresh election of 13
councillors. 14
(3) The Governor in Council may give effect to the Minister's 15
recommendation under a regulation. 16
(4) The regulation has effect in accordance with the requirements 17
of the Constitution of Queensland 2001, chapter 7, part 2. 18
(5) It is Parliament's intention that a fresh election of the 19
councillors of the local government should be held as soon as 20
practicable after the Legislative Assembly ratifies the 21
dissolution of the local government. 22
124 Interim administrator acts for the councillors temporarily 23
(1) This section applies if an interim administrator is appointed to 24
act in place of the councillors of a local government. 25
(2) The interim administrator has all the responsibilities and 26
powers of-- 27
(a) the local government; and 28
(b) the mayor. 29
Page 111
Local Government Bill 2009
Chapter 5 Monitoring and enforcing the Local Government Acts
Part 1 Local governments
[s 124]
(3) However, a regulation may limit the responsibilities and 1
powers of the interim administrator. 2
(4) The interim administrator must exercise power under the 3
name of `interim administrator of the (name of the local 4
government)'. 5
(5) This Act and other Acts apply to the interim administrator, 6
with all necessary changes, and any changes prescribed under 7
a regulation, as if the interim administrator were the local 8
government. 9
(6) The Governor in Council may direct a local government for 10
which an interim administrator is appointed to pay to the 11
Minister an amount specified in the direction for the costs and 12
expenses of the interim administrator. 13
(7) The specified amount may include the salary and allowances 14
payable to an officer of the public service who is appointed as 15
interim administrator. 16
(8) The direction may specify a time for payment. 17
(9) The specified amount is a debt payable to the State. 18
(10) The Minister may create an advisory committee to give the 19
interim administrator advice about the performance of the 20
local government's responsibilities. 21
Page 112
Local Government Bill 2009
Chapter 5 Monitoring and enforcing the Local Government Acts
Part 2 The public
[s 125]
Part 2 The public 1
Division 1 Powers of authorised persons 2
Subdivision 1 Introduction 3
125 What this division is about 4
(1) This division is about the powers that may be used by an 5
authorised person. 6
(2) An authorised person is a person who is appointed under this 7
Act to ensure that members of the public comply with the 8
Local Government Acts. 9
Note-- 10
See chapter 6, part 6 for more information about the appointment of 11
authorised persons. 12
(3) The powers of an authorised person include the power, in 13
certain circumstances-- 14
(a) to ask a person for their name and address; and 15
(b) to enter a property, including private property. 16
(4) Private property is a property that is not a public place. 17
(5) A public place is a place, or that part of a place, that-- 18
(a) is open to the public; or 19
(b) is used by the public; or 20
(c) the public is entitled to use; 21
whether or not on payment of money. 22
Example-- 23
A person uses a room at the front of their home as a business office. 24
While the business office is open to the public it is a public place. 25
However, the home is private property and not part of the public place. 26
Page 113
Local Government Bill 2009
Chapter 5 Monitoring and enforcing the Local Government Acts
Part 2 The public
[s 126]
(6) An occupier of a property includes a person who reasonably 1
appears to be the occupier of, or in charge of, the property. 2
(7) Force must not be used to enter a property under this division, 3
other than when the property is entered under a warrant that 4
authorises that use of force. 5
126 Producing authorised person's identity card 6
(1) An authorised person may exercise a power under this 7
division, in relation to a person, only if the authorised 8
person-- 9
(a) first produces his or her identity card for the person to 10
inspect; or 11
(b) has his or her identity card displayed so it is clearly 12
visible to the person. 13
(2) However, if for any reason it is not practicable to comply with 14
subsection (1), the authorised person must produce the 15
identity card for the person's inspection at the first reasonable 16
opportunity. 17
Subdivision 2 Power to require a person's name 18
and address 19
127 Power to require a person's name and address 20
(1) This section applies if an authorised person-- 21
(a) finds a person committing an infringement notice 22
offence; or 23
(b) finds a person in circumstances that lead the authorised 24
person to suspect, on reasonable grounds, that the 25
person has just committed an infringement notice 26
offence; or 27
Page 114
Local Government Bill 2009
Chapter 5 Monitoring and enforcing the Local Government Acts
Part 2 The public
[s 128]
(c) has information that leads the authorised person to 1
suspect, on reasonable grounds, that a person has just 2
committed an infringement notice offence. 3
(2) An infringement notice offence is an offence prescribed 4
under the State Penalties Enforcement Act 1999 to be an 5
infringement notice offence. 6
(3) The authorised person may require the person to state the 7
person's name and address. 8
(4) If the authorised person does so, the authorised person must 9
also warn the person that it is an offence to fail to state the 10
person's name and address, unless the person has a reasonable 11
excuse. 12
(5) The authorised person may require the person to give 13
evidence of the person's name or address if the authorised 14
person suspects, on reasonable grounds, that the person has 15
given a false name or address. 16
(6) The person must comply with an authorised person's 17
requirement under subsection (3) or (5), unless the person has 18
a reasonable excuse. 19
Maximum penalty--35 penalty units. 20
(7) However, the person does not commit an offence under 21
subsection (6), if the person is not proved to have committed 22
the infringement notice offence. 23
Subdivision 3 Powers to enter property etc. 24
128 Entering a public place that is open without the need for 25
permission 26
(1) This section applies if an authorised person wants to enter a 27
public place to ensure that the public place complies with the 28
Local Government Acts. 29
Page 115
Local Government Bill 2009
Chapter 5 Monitoring and enforcing the Local Government Acts
Part 2 The public
[s 129]
(2) The authorised person may enter the public place, without the 1
permission of the occupier of the place, if the place is not 2
closed to the public (by a locked gate, for example). 3
129 Entering private property with, and in accordance with, 4
the occupier's permission 5
(1) An authorised person may enter private property, that is not 6
closed to entry by the public (by a locked gate, for example), 7
in order to ask the occupier of the property for permission to 8
stay on the property and exercise powers under a Local 9
Government Act. 10
(2) When asking the occupier for permission, the authorised 11
person must inform the occupier-- 12
(a) of the purpose of entering the property; and 13
(b) that any thing or information that the authorised person 14
finds on the property may be used as evidence in court; 15
and 16
(c) that the occupier is not obliged to give permission. 17
(3) If the occupier gives permission, the authorised person may 18
ask the occupier to sign a document that confirms that the 19
occupier has given permission. 20
(4) The document must state-- 21
(a) that the authorised person informed the occupier-- 22
(i) of the purpose of entering the property; and 23
(ii) that any thing or information that the authorised 24
person finds on the property may be used as 25
evidence in court; and 26
(iii) that the occupier was not obliged to give the 27
permission; and 28
(b) that the occupier gave the authorised person permission 29
to enter the property and exercise powers under a Local 30
Government Act; and 31
Page 116
Local Government Bill 2009
Chapter 5 Monitoring and enforcing the Local Government Acts
Part 2 The public
[s 130]
(c) the date and time when the occupier gave the 1
permission. 2
(5) If the occupier signs the document, the authorised person 3
must immediately give a copy of the document to the 4
occupier. 5
(6) If, in any proceedings-- 6
(a) a question arises as to whether the occupier of a 7
property gave permission to allow an authorised person 8
to stay on the property under this Act; and 9
(b) a document that confirms the occupier gave permission 10
is not produced in evidence; 11
the court may assume that the occupier did not give the 12
permission, unless the contrary is proved. 13
(7) If the occupier gives permission, the authorised person may 14
stay on the property and exercise the powers that the occupier 15
has agreed to be exercised on the property. 16
(8) However, the right to stay on the property-- 17
(a) is subject to any conditions that the occupier imposes 18
(including about the times when the property may be 19
entered, for example); and 20
(b) may be cancelled by the occupier at any time. 21
130 Entering private property with, and in accordance with, a 22
warrant 23
(1) An authorised person may enter private property with, and in 24
accordance with, a warrant. 25
(2) An authorised person must apply to a magistrate for a warrant. 26
(3) The application for the warrant must-- 27
(a) be in the form approved by the department's chief 28
executive; and 29
(b) be sworn; and 30
Page 117
Local Government Bill 2009
Chapter 5 Monitoring and enforcing the Local Government Acts
Part 2 The public
[s 130]
(c) state the grounds on which the warrant is sought. 1
(4) The magistrate may refuse to consider the application until the 2
authorised person gives the magistrate all the information that 3
the magistrate requires about the application, in the way that 4
the magistrate requires. 5
Example-- 6
The magistrate may require additional information in support of the 7
application to be given by statutory declaration. 8
(5) The magistrate may issue the warrant only if the magistrate is 9
satisfied that there are reasonable grounds for suspecting-- 10
(a) there is a particular thing or activity that may provide 11
evidence of an offence against a Local Government Act 12
(the evidence); and 13
(b) the evidence is at the place, or may be at the place 14
within the next 7 days. 15
(6) The warrant must state-- 16
(a) the evidence for which the warrant is issued; and 17
(b) that the authorised person may, with necessary and 18
reasonable help and force, enter the property and 19
exercise an authorised person's powers under this Act; 20
and 21
(c) the hours of the day or night when the property may be 22
entered; and 23
(d) the day (within 14 days after the warrant's issue) when 24
the warrant ends. 25
(7) The magistrate must keep a record of the reasons for issuing 26
the warrant. 27
(8) A warrant is not invalidated by a defect in the warrant, or in 28
compliance with section 131, unless the defect affects the 29
substance of the warrant in a material particular. 30
(9) As soon as an authorised person enters private property under 31
a warrant, the authorised person must do, or make a 32
reasonable attempt to do, the following things-- 33
Page 118
Local Government Bill 2009
Chapter 5 Monitoring and enforcing the Local Government Acts
Part 2 The public
[s 131]
(a) inform any occupier of the property-- 1
(i) of the reason for entering the property; and 2
(ii) that the warrant authorises the authorised person to 3
enter the property without the permission of the 4
occupier; 5
(b) give any occupier a reasonable opportunity to allow the 6
authorised person to immediately enter the property 7
without using force. 8
(10) However, the authorised person does not need to comply with 9
subsection (9) if the authorised person believes that immediate 10
entry to the property is required to ensure the warrant is 11
effectively executed. 12
131 Warrants--applications made electronically 13
(1) An authorised person may make an electronic application for 14
a warrant if the authorised person considers it necessary 15
because of-- 16
(a) urgent circumstances; or 17
(b) special circumstances (including the authorised person's 18
remote location, for example). 19
(2) An electronic application is an application made by phone, 20
fax, radio, email, videoconferencing or another form of 21
electronic communication. 22
(3) The authorised person must prepare an application for the 23
warrant that states the grounds on which the warrant is sought, 24
before applying for the warrant. 25
(4) However, the authorised person may apply for the warrant 26
before the application is sworn. 27
(5) The magistrate may issue the warrant only if the magistrate is 28
satisfied that-- 29
(a) it was necessary to make the application electronically; 30
and 31
Page 119
Local Government Bill 2009
Chapter 5 Monitoring and enforcing the Local Government Acts
Part 2 The public
[s 131]
(b) the way that the application was made was appropriate 1
in the circumstances. 2
(6) If the magistrate issues the warrant, and it is reasonably 3
practicable to send a copy of the warrant to the authorised 4
person (by fax or email, for example), the magistrate must 5
immediately do so. 6
(7) If it is not reasonably practicable to send a copy of the warrant 7
to the authorised person-- 8
(a) the magistrate must-- 9
(i) inform the authorised person of the date and time 10
when the magistrate signed the warrant; and 11
(ii) inform the authorised person of the terms of the 12
warrant; and 13
(b) the authorised person must write on a warrant form-- 14
(i) the magistrate's name; and 15
(ii) the date and time when the magistrate signed the 16
warrant; and 17
(iii) the terms of the warrant. 18
(8) The copy of the warrant sent to the authorised person, or the 19
warrant form properly completed by the authorised person, 20
authorises the authorised person to enter the property, and to 21
exercise the powers, mentioned in the warrant that was signed 22
by the magistrate. 23
(9) The authorised person must, at the first reasonable 24
opportunity, send the magistrate-- 25
(a) the sworn application; and 26
(b) if the authorised person completed a warrant form--the 27
completed warrant form. 28
(10) When the magistrate receives those documents, the magistrate 29
must attach them to the warrant that was signed by the 30
magistrate, and give the warrant to the clerk of the court. 31
Page 120
Local Government Bill 2009
Chapter 5 Monitoring and enforcing the Local Government Acts
Part 2 The public
[s 132]
(11) Unless the contrary is proven, a court must presume that a 1
power exercised by an authorised person was not authorised 2
by a warrant issued under this section if-- 3
(a) a question arises, in any proceedings before the court, 4
whether the exercise of power was authorised by a 5
warrant; and 6
(b) the warrant is not produced in evidence. 7
132 Entering under an application, permit or notice 8
(1) This section applies if an authorised person wants to enter a 9
property-- 10
(a) to inspect the property in order to process an application 11
made under any Local Government Act; or 12
(b) to inspect a record that is required to be kept for a 13
budget accommodation building under the Building Act, 14
chapter 7; or 15
(c) to find out whether the conditions on which a permit or 16
notice was issued have been complied with; or 17
(d) to inspect work that was carried out under a permit or 18
notice. 19
(2) A permit is an approval, authorisation, consent, licence, 20
permission, registration or other authority issued under any 21
Local Government Act. 22
(3) A notice is a notice issued under any Local Government Act. 23
(4) The authorised person may enter the property without the 24
permission of the occupier of the property-- 25
(a) at any reasonable time during the day; or 26
(b) at night, if-- 27
(i) the occupier of the property asks the authorised 28
person to enter the property at that time; or 29
(ii) the conditions of the permit allow the authorised 30
person to enter the property at that time; or 31
Page 121
Local Government Bill 2009
Chapter 5 Monitoring and enforcing the Local Government Acts
Part 2 The public
[s 133]
(iii) the property is a public place and is not closed to 1
the public. 2
(5) However, the authorised person-- 3
(a) must, as soon as the authorised person enters the 4
property, inform any occupier of the property-- 5
(i) of the reason for entering the property; and 6
(ii) that the authorised person is authorised under this 7
Act to enter the property without the permission of 8
the occupier; and 9
(b) may enter a home that is on the property only if the 10
occupier of the relevant part of the property 11
accompanies the authorised person. 12
133 Entering property under an approved inspection program 13
(1) An authorised person may enter a property (other than a home 14
on the property) without the permission of the occupier of the 15
property, at any reasonable time of the day or night, under an 16
approved inspection program. 17
(2) An approved inspection program is a program, approved by a 18
local government, under which an authorised person may 19
enter and inspect properties in the local government area to 20
ensure the Local Government Acts are being complied with. 21
Example of an approved inspection program-- 22
a program to ensure that swimming pools are fenced in accordance with 23
a local law 24
(3) The local government must give, or must make a reasonable 25
attempt to give, the occupier of the property a written notice 26
that informs the occupier of the following-- 27
(a) the local government's intention to enter the property; 28
(b) the reason for entering the property; 29
(c) an estimation of when the property will be entered. 30
Page 122
Local Government Bill 2009
Chapter 5 Monitoring and enforcing the Local Government Acts
Part 2 The public
[s 134]
Example-- 1
A local government may give the written notice to an occupier of a 2
property by dropping a flyer in the letterbox for the property. 3
(4) The local government must give, or make a reasonable 4
attempt to give, the written notice to the occupier within a 5
reasonable time before the property is to be entered. 6
(5) The authorised person-- 7
(a) must, as soon as the authorised person enters the 8
property, inform any occupier of the property-- 9
(i) of the reason for entering the property; and 10
(ii) that the authorised person is authorised under this 11
Act to enter the property without the permission of 12
the occupier; and 13
(b) may enter a budget accommodation building on the 14
property only to monitor compliance with the Building 15
Act, chapter 7. 16
134 Approving an inspection program 17
(1) A local government may, by resolution, approve the following 18
types of inspection programs-- 19
(a) a systematic inspection program; 20
(b) a selective inspection program. 21
(2) A systematic inspection program allows an authorised person 22
to enter and inspect all properties, or all properties of a certain 23
type, in the local government area. 24
(3) A selective inspection program allows an authorised person 25
to enter and inspect those properties in the local government 26
area that have been selected in accordance with objective 27
criteria specified in the resolution. 28
(4) The resolution must state-- 29
(a) the purpose of the program; and 30
(b) when the program starts; and 31
Page 123
Local Government Bill 2009
Chapter 5 Monitoring and enforcing the Local Government Acts
Part 2 The public
[s 134]
(c) for a systematic inspection program that allows a type of 1
property to be entered and inspected--a description of 2
the type of property; and 3
(d) for a selective inspection program--the objective 4
criteria for selecting the properties to be entered and 5
inspected; and 6
(e) the period (of not more than 3 months or another period 7
prescribed under a regulation) over which the program 8
is to be carried out. 9
(5) The local government must give the public notice of the 10
approval of an inspection program, at least 14 days, but not 11
more than 28 days, before the approved inspection program 12
starts. 13
(6) The notice must be published-- 14
(a) in a newspaper that is circulating generally in the local 15
government area; and 16
(b) on the local government's website. 17
(7) The notice must state the following-- 18
(a) the name of the local government; 19
(b) the purpose and scope of the program, in general terms; 20
(c) when the program starts; 21
(d) the period over which the program is to be carried out; 22
(e) that the public may inspect a copy of the resolution that 23
approved the program at the local government's public 24
office until the end of the program; 25
(f) that a copy of the resolution that approved the program 26
may be purchased at the local government's public 27
office until the end of the program; 28
(g) the price of a copy of the resolution that approved the 29
program. 30
Page 124
Local Government Bill 2009
Chapter 5 Monitoring and enforcing the Local Government Acts
Part 2 The public
[s 135]
(8) The price of a copy of the resolution that approved the 1
program must be no more than the cost to the local 2
government of making the copy available for purchase. 3
(9) From the time when the notice is published in the newspaper 4
until the end of the program-- 5
(a) the public may inspect a copy of the resolution that 6
approved the program at the local government's public 7
office; and 8
(b) copies of the resolution that approved the program must 9
be available for purchase at the local government's 10
public office at the price stated in the notice. 11
135 General powers after entering a property 12
(1) This section explains the powers that an authorised person has 13
after entering a property, other than entering a property-- 14
(a) to ask the occupier of the property for permission to stay 15
on the property; or 16
(b) under section 132 or 133. 17
(2) The authorised person may-- 18
(a) search any part of the property; or 19
(b) inspect, test, photograph or film anything that is in or on 20
the property; or 21
(c) copy a document that is in or on the property; or 22
(d) take samples of or from anything that is in or on the 23
property; or 24
(e) take into or onto the property any persons, equipment 25
and materials that the authorised person reasonably 26
requires for exercising the authorised person's powers; 27
or 28
(f) require the occupier of the property, or a person in or on 29
the property, to give the authorised person reasonable 30
Page 125
Local Government Bill 2009
Chapter 5 Monitoring and enforcing the Local Government Acts
Part 2 The public
[s 136]
help to exercise the authorised person's powers under 1
paragraphs (a) to (e). 2
(3) If a person is required to give reasonable help under 3
subsection (2)(f), the person must comply with the 4
requirement, unless the person has a reasonable excuse. 5
Maximum penalty--8 penalty units. 6
(4) If the requirement is to be complied with by the person giving 7
information or producing a document, it is a reasonable 8
excuse for the person to fail to comply with the requirement if 9
complying with the requirement might incriminate the person. 10
136 Authorised person to give notice of damage 11
(1) This section applies if-- 12
(a) something is damaged by-- 13
(i) an authorised person, when the authorised person 14
exercises a power under this division; or 15
(ii) a person who is authorised by an authorised person 16
to take action under this division, when the person 17
takes the action; or 18
(b) the authorised person considers, on reasonable grounds, 19
that the damage is more than trivial damage. 20
(2) The authorised person must immediately give written notice 21
of the particulars of the damage to the person who appears to 22
be the owner of the thing that was damaged. 23
(3) However, if for any reason it is not practicable to do so, the 24
authorised person must leave the notice, in a reasonably 25
secure way and in a conspicuous position, at the place where 26
the thing was damaged. 27
(4) The owner of a thing includes a person in possession or 28
control of the thing. 29
(5) If the authorised person believes the damage was caused by a 30
latent defect in the thing, or other circumstances beyond the 31
Page 126
Local Government Bill 2009
Chapter 5 Monitoring and enforcing the Local Government Acts
Part 2 The public
[s 137]
authorised person's control, the authorised person may state 1
that in the notice. 2
137 Compensation for damage or loss caused after entry 3
(1) If a person incurs damage or loss because of the exercise, or 4
purported exercise, of a power under this division, the local 5
government must pay the person compensation. 6
(2) The compensation equals-- 7
(a) the amount agreed between the person and local 8
government; or 9
(b) if the person and local government can not agree, the 10
amount that is decided by a court. 11
(3) The person may claim the compensation in-- 12
(a) any proceedings for compensation; or 13
(b) any proceedings brought against the person for an 14
offence against any Local Government Act. 15
(4) A court may order compensation to be paid only if the court is 16
satisfied it is just to do so in all the circumstances. 17
(5) A regulation may prescribe matters that may, or must, be 18
taken into account by the court when considering whether it is 19
just to make the order. 20
(6) The court may make any order about costs that the court 21
considers just. 22
Division 2 Powers of other persons 23
138 What this division is about 24
(1) This division is about the powers that may be used-- 25
(a) to enable a local government to perform its 26
responsibilities; or 27
Page 127
Local Government Bill 2009
Chapter 5 Monitoring and enforcing the Local Government Acts
Part 2 The public
[s 138]
(b) to ensure that a person complies with this Act, and the 1
other Local Government Acts, including by complying 2
with a remedial notice. 3
(2) A remedial notice is a notice-- 4
(a) that a local government gives to the owner of a property 5
within the local government area; and 6
(b) that requires action to be taken in relation to the 7
property under a Local Government Act (including 8
fencing a pool, for example). 9
(3) This division explains the circumstances in which a person is 10
authorised to enter a property under this division, namely-- 11
(a) in a potentially dangerous situation, to take urgent 12
action; or 13
(b) to take action in relation to local government facilities 14
on the property (including water or sewerage pipes, for 15
example); or 16
(c) with (and in accordance with) the permission of the 17
occupier of the property; or 18
(d) with (and in accordance with) a court order; or 19
(e) with (and in accordance with) reasonable written notice. 20
(4) Reasonable written notice is a written notice, given at least 7 21
days before a property is to be entered, that informs the owner 22
and the occupier of the property of-- 23
(a) the local government's intention to enter the property; 24
and 25
(b) the reason for entering the property; and 26
(c) the days and times when the property is to be entered. 27
(5) The following persons may enter a property under this 28
division-- 29
(a) if the occupier of the property is not the owner of the 30
property--the owner or the owner's employee; 31
Page 128
Local Government Bill 2009
Chapter 5 Monitoring and enforcing the Local Government Acts
Part 2 The public
[s 139]
(b) a local government worker. 1
(6) A local government worker is an employee, or agent, of the 2
local government who is authorised to act under this section. 3
(7) The local government must give each local government 4
worker an identity card. 5
(8) Force must not be used to enter a property under this division, 6
unless the property is entered under a court order that 7
specifically authorises the use of that force. 8
139 Entry with, and in accordance with, permission of 9
occupier 10
(1) Any person may enter a property with the permission of the 11
occupier of the property. 12
(2) However, the right to enter the property-- 13
(a) is subject to any conditions that the occupier imposes 14
(including about the times when the property may be 15
entered, for example); and 16
(b) may be cancelled by the occupier at any time. 17
140 Entry by an owner, with reasonable written notice, under 18
a remedial notice 19
(1) This section applies if-- 20
(a) a local government gives a remedial notice to the owner 21
of a property; and 22
(b) the owner is not the occupier of the property. 23
(2) After the owner gives reasonable written notice to the 24
occupier of the property, the owner or the owner's employee 25
may-- 26
(a) enter the property at any reasonable time; and 27
(b) take the action that is required under the remedial 28
notice. 29
Page 129
Local Government Bill 2009
Chapter 5 Monitoring and enforcing the Local Government Acts
Part 2 The public
[s 141]
(3) If the occupier asks to inspect the remedial notice, the owner 1
must allow the occupier to inspect the remedial notice. 2
(4) If the occupier refuses to allow the owner to enter the property 3
and the owner informs the local government of that, the owner 4
is not liable for failing to comply with the remedial notice. 5
(5) This section does not affect any rights that the owner has apart 6
from this section. 7
141 Occupier may discharge owner's obligations 8
(1) This section applies if-- 9
(a) the owner of a property fails-- 10
(i) to take the action in relation to the property that is 11
required under a remedial notice; or 12
(ii) to pay money that is payable in relation to the 13
property under a Local Government Act (including 14
rates, for example); and 15
(b) the occupier of the property is not the owner of the 16
property. 17
(2) The occupier of the property may-- 18
(a) take the action that is required, and recover the amount 19
that the occupier properly and reasonably incurs in 20
taking the action as a debt payable by the owner; or 21
(b) pay the money that is payable, and recover the money as 22
a debt payable by the owner. 23
(3) For example, if the occupier is the owner's tenant, the 24
occupier may deduct the money from any rent that the 25
occupier owes the owner, without being in breach of the 26
tenancy agreement. 27
142 Entry by a local government worker, with reasonable 28
written notice, under a remedial notice 29
(1) This section applies if-- 30
Page 130
Local Government Bill 2009
Chapter 5 Monitoring and enforcing the Local Government Acts
Part 2 The public
[s 142]
(a) a local government gives a remedial notice to the owner 1
of a property; and 2
(b) both the owner and the occupier of the property fail to 3
take the action required under the remedial notice. 4
(2) After giving reasonable written notice to the owner and the 5
occupier of the property, a local government worker may-- 6
(a) enter the property (other than a home on the property) 7
without the permission of the occupier; and 8
(b) take the action that is required under the remedial 9
notice. 10
(3) However, the local government worker must, as soon as the 11
local government worker enters the property-- 12
(a) inform any occupier of the property-- 13
(i) of the reason for entering the property; and 14
(ii) that the local government worker is authorised 15
under this Act to enter the property without the 16
permission of the occupier; and 17
(b) produce his or her identity card for the occupier of the 18
property to inspect. 19
(4) The local government may recover the amount that the local 20
government properly and reasonably incurs in taking the 21
action as a debt payable by the person who failed to take the 22
action. 23
(5) If both the owner and the occupier failed to take the action, 24
the owner and the occupier are jointly and severally liable for 25
the debt. 26
(6) The local government must give the person who failed to take 27
the action written notice of the amount of the debt. 28
(7) If the debt is not paid within 30 days after the date of the 29
written notice, the local government may recover the debt as 30
if the debt were overdue rates. 31
Page 131
Local Government Bill 2009
Chapter 5 Monitoring and enforcing the Local Government Acts
Part 2 The public
[s 143]
(8) Interest is payable on the debt at the same rate that interest is 1
payable on overdue rates levied by the local government. 2
143 Entry by a local government worker, with reasonable 3
written notice, to take materials 4
(1) This section applies if, in the circumstances, a local 5
government has no other reasonably practicable way of 6
obtaining materials other than by removing the materials from 7
rateable land that is not protected land. 8
(2) Protected land is land that is-- 9
(a) the site of, or curtilage around, a home or other 10
structure; or 11
(b) a court, lawn, park, planted walk or avenue or yard; or 12
(c) under cultivation (including a garden, nursery or 13
plantation, for example); or 14
(d) a state forest or timber reserve under the Forestry Act; or 15
(e) a protected area under the Nature Conservation Act 16
1992; or 17
(f) the wet tropics area under the Wet Tropics World 18
Heritage Protection and Management Act 1993; or 19
(g) outside the local government area, unless the local 20
government has the Minister's approval. 21
(3) After giving reasonable written notice to the owner and the 22
occupier of the rateable land, a local government worker 23
may-- 24
(a) enter the land without the permission of the occupier of 25
the land; and 26
(b) search for materials that the local government requires 27
to perform its responsibilities; and 28
(c) remove the materials from the land. 29
Page 132
Local Government Bill 2009
Chapter 5 Monitoring and enforcing the Local Government Acts
Part 2 The public
[s 144]
Example-- 1
A local government may remove dirt from the land for use in mopping 2
up an oil spill on a neighbouring road to prevent the oil entering a 3
stormwater drain. 4
(4) However, the local government worker must, as soon as the 5
local government worker enters the property-- 6
(a) inform any occupier of the property-- 7
(i) of the reason for entering the property; and 8
(ii) that the local government worker is authorised 9
under this Act to enter the property without the 10
permission of the occupier; and 11
(b) produce his or her identity card for the occupier of the 12
property to inspect. 13
(5) The local government worker must not search for, or remove 14
materials from, within 50m of any structure or works on the 15
land (including a home, bridge, dam or wharf, for example). 16
144 Entry by a local government worker, at reasonable times, 17
to repair etc. facilities 18
(1) At all reasonable times, a local government worker may enter 19
a property (other than a home on the property) without the 20
permission of the occupier of the property-- 21
(a) to investigate the future installation of local government 22
facilities on, over or under the property; or 23
(b) to install local government facilities on, over or under 24
the property; or 25
(c) to inspect, maintain, operate, repair, replace or remove 26
local government facilities, that are on, over or under the 27
property, for their routine operations. 28
(2) Local government facilities are facilities that are installed by 29
a local government (including sewerage pipes, for example). 30
(3) However, the local government worker must, as soon as the 31
local government worker enters the property-- 32
Page 133
Local Government Bill 2009
Chapter 5 Monitoring and enforcing the Local Government Acts
Part 2 The public
[s 145]
(a) inform any occupier of the property-- 1
(i) of the reason for entering the property; and 2
(ii) that the local government worker is authorised 3
under this Act to enter the property without the 4
permission of the occupier; and 5
(b) produce his or her identity card for the occupier of the 6
property to inspect. 7
145 Entry by a local government worker, at any time, for 8
urgent action 9
(1) A local government worker may enter a property (other than a 10
home on the property), at any time without the permission of 11
the occupier of the property, in a potentially dangerous 12
situation to take urgent action for local government purposes. 13
Example-- 14
A local government worker may enter a property to cut down a tree that 15
was blown over in a storm and is in danger of falling and injuring 16
someone or damaging property. 17
(2) However, the local government worker must, as soon as 18
reasonably practicable after the local government worker 19
enters the property-- 20
(a) inform any occupier of the property-- 21
(i) of the reason for entering the property; and 22
(ii) that the local government worker is authorised 23
under this Act to enter the property without the 24
permission of the occupier; and 25
(b) produce his or her identity card for the occupier of the 26
property to inspect. 27
146 Entry with, and in accordance with, a court order 28
(1) A person may enter a property with, and in accordance with, a 29
court order made under this section. 30
Page 134
Local Government Bill 2009
Chapter 5 Monitoring and enforcing the Local Government Acts
Part 2 The public
[s 146]
(2) The person must apply to a magistrate for the court order. 1
(3) The application must-- 2
(a) be in the form approved by the department's chief 3
executive; and 4
(b) be sworn; and 5
(c) state the grounds on which the court order is sought. 6
(4) The person must, as soon as practicable, give a copy of the 7
application to-- 8
(a) if the person is not the owner of the property--the 9
owner of the property; and 10
(b) the occupier of the property. 11
(5) The magistrate may refuse to consider the application until the 12
person gives the magistrate all the information that the 13
magistrate requires about the application in the way that the 14
magistrate requires. 15
Example-- 16
The magistrate may require additional information supporting the 17
application to be given by statutory declaration. 18
(6) If the magistrate is satisfied that entry to the property is 19
necessary to allow the person to take action under any of the 20
Local Government Acts, the magistrate may make the court 21
order. 22
(7) The court order must-- 23
(a) direct the occupier of the property to allow the person to 24
enter the property and take all action that is necessary 25
under any Local Government Act; and 26
(b) state the hours of the day or night when the property 27
may be entered; and 28
(c) state the day (within 14 days after the court order is 29
made) when the court order ends. 30
(8) If the person who applied for the court order is a local 31
government worker, the court order may authorise the local 32
Page 135
Local Government Bill 2009
Chapter 5 Monitoring and enforcing the Local Government Acts
Part 2 The public
[s 147]
government worker to use necessary and reasonable help and 1
force to enter the property. 2
(9) The magistrate must record the reasons for making the court 3
order. 4
(10) As soon as the person enters the property under the court 5
order, the person must do, or make a reasonable attempt to do, 6
the following things-- 7
(a) inform any occupier of the property-- 8
(i) of the reason for entering the property; and 9
(ii) that the person is authorised under the court order 10
to enter the property without the permission of the 11
occupier; 12
(b) if the court order authorises the person to use force to 13
enter the property--give the occupier a reasonable 14
opportunity to allow the person to immediately enter the 15
property without using force. 16
147 Compensation for damage or loss caused 17
(1) A local government worker who enters a property-- 18
(a) must not cause, or contribute to, damage to any structure 19
or works on the property; and 20
(b) must take all reasonable steps to ensure that the worker 21
causes as little inconvenience, and does as little other 22
damage, as is practicable in the circumstances. 23
(2) If a person incurs damage or loss because of the exercise, or 24
purported exercise, of a power under this division (including 25
the loss of the value of materials removed from a property, or 26
the reduction in the value of the property, for example), the 27
local government must pay the person compensation. 28
(3) The compensation equals-- 29
(a) the amount agreed between the person and local 30
government; or 31
Page 136
Local Government Bill 2009
Chapter 5 Monitoring and enforcing the Local Government Acts
Part 2 The public
[s 148]
(b) if the person and local government can not agree, the 1
amount that is decided by a court. 2
(4) The court may make any order about costs that the court 3
considers just. 4
148 Limitation of time in absence of notice of work done 5
(1) This section applies if work is done on a property without an 6
approval that is required under a Local Government Act. 7
(2) For the purposes of any limitation of time for taking any 8
proceedings or doing anything else about the work, the work 9
is taken to have been done when a local government worker 10
first finds out about the work. 11
Division 3 Offences 12
149 Obstructing enforcement of Local Government Acts 13
(1) A person must not obstruct another person who is taking 14
action that the other person is required or authorised to take 15
under a Local Government Act. 16
Maximum penalty--50 penalty units. 17
(2) A person must not pull down, damage, deface or destroy a 18
board or anything else that is displaying a local law, order, 19
notice or other matter authorised by a local government. 20
Maximum penalty--35 penalty units. 21
150 Impersonating an authorised person 22
A person must not pretend to be an authorised person. 23
Maximum penalty--50 penalty units. 24
Page 137
Local Government Bill 2009
Chapter 6 Administration
Part 1 Introduction
[s 151]
Chapter 6 Administration 1
Part 1 Introduction 2
151 What this chapter is about 3
(1) This chapter contains provisions about-- 4
(a) persons who are elected or appointed to perform 5
responsibilities under this Act; and 6
(b) bodies that are created to perform responsibilities under 7
this Act. 8
(2) For example, this chapter contains provisions about-- 9
(a) qualifications for election or appointment; and 10
(b) acting appointments; and 11
(c) conditions of appointment; and 12
(d) ending appointments. 13
Part 2 Councillors 14
Division 1 Qualifications of councillors 15
152 Qualifications of councillors 16
(1) A person is qualified to be a councillor of a local government, 17
other than the Torres Strait Island Regional Council, only if 18
the person-- 19
(a) is an Australian citizen; and 20
(b) is not disqualified from being a councillor because of a 21
section in this division. 22
Page 138
Local Government Bill 2009
Chapter 6 Administration
Part 2 Councillors
[s 153]
(2) A person is qualified to be the mayor of the Torres Strait 1
Island Regional Council only if the person-- 2
(a) is an Australian citizen; and 3
(b) is a Torres Strait Islander or an Aborigine; and 4
(c) on the nomination day for the election, has lived in the 5
local government area for the 2 years immediately 6
before the nomination day; and 7
(d) is not disqualified from being a councillor because of a 8
section in this division. 9
(3) A person is qualified to be another councillor of the Torres 10
Strait Island Regional Council only if the person-- 11
(a) is an Australian citizen; and 12
(b) is a Torres Strait Islander or an Aborigine; and 13
(c) on the nomination day for the election, has lived in the 14
particular division for which the person is to be a 15
candidate for the 2 years immediately before the 16
nomination day; and 17
(d) is not disqualified from being a councillor because of a 18
section in this division. 19
153 Disqualification for certain offences 20
(1) A person can not be a councillor-- 21
(a) after the person is convicted of a treason offence, unless 22
the person is pardoned of the treason offence; or 23
(b) for 10 years after the person is convicted of an electoral 24
offence; or 25
(c) for 7 years after the person is convicted of a bribery 26
offence; or 27
(d) for 4 years after the person is convicted of an integrity 28
offence; or 29
Page 139
Local Government Bill 2009
Chapter 6 Administration
Part 2 Councillors
[s 153]
(e) for the remainder of the term before the next 1
quadrennial elections, if the person has been dismissed 2
as a councillor under section 122 or 123. 3
(2) A treason offence is an offence of treason, sedition or 4
sabotage under the law of Queensland, another State or the 5
Commonwealth. 6
(3) An electoral offence is-- 7
(a) a disqualifying electoral offence under the Electoral 8
Act; or 9
(b) an offence that would be a disqualifying electoral 10
offence had the conviction been recorded after the 11
commencement of the Electoral and Other Acts 12
Amendment Act 2002. 13
(4) A bribery offence is an offence against-- 14
(a) section 98C of the Criminal Code; or 15
(b) a corresponding law of another State or the 16
Commonwealth; or 17
(c) another offence prescribed under a regulation. 18
(5) An integrity offence is an offence against-- 19
(a) section 171, 172, 173, 174(3), 234; or 20
(b) section 98B, 98E or 98G(a) or (b) of the Criminal Code; 21
or 22
(c) another offence prescribed under a regulation. 23
(6) A person automatically stops being a councillor when the 24
person is convicted of-- 25
(a) a treason offence; or 26
(b) an electoral offence; or 27
(c) a bribery offence; or 28
(d) an integrity offence. 29
(7) A person is taken to have been convicted of an offence-- 30
Page 140
Local Government Bill 2009
Chapter 6 Administration
Part 2 Councillors
[s 154]
(a) if the person appeals the conviction--when the appeal is 1
dismissed, struck out or discontinued; or 2
(b) if the person does not appeal the conviction--at the end 3
of the time within which an appeal must by law be 4
started. 5
154 Disqualification of prisoners 6
(1) A person can not be a councillor while the person is a 7
prisoner. 8
(2) A prisoner is a person who-- 9
(a) is serving a period of imprisonment; or 10
(b) is liable to serve a period of imprisonment, even though 11
the person has been released from imprisonment (on 12
parole or leave of absence, for example). 13
(3) A person automatically stops being a councillor when the 14
person becomes a prisoner. 15
155 Disqualification because of other high office 16
(1) A person can not be a councillor while the person is a 17
government member. 18
(2) A government member is-- 19
(a) a member of a Parliament of the Commonwealth or a 20
State (including Queensland); or 21
(b) a councillor of a local government of another State. 22
(3) A person automatically stops being a councillor when the 23
person becomes-- 24
(a) a government member; or 25
(b) a candidate for election as a member of the Legislative 26
Assembly. 27
Page 141
Local Government Bill 2009
Chapter 6 Administration
Part 2 Councillors
[s 156]
156 Disqualification during bankruptcy 1
(1) A person can not be a councillor while the person is a 2
bankrupt. 3
(2) A person is a bankrupt if, under a bankruptcy law-- 4
(a) the person is an undischarged bankrupt; or 5
(b) the person has executed a deed of arrangement, and the 6
terms of the deed have not been fully complied with; or 7
(c) the person's creditors have accepted a composition, and 8
a final payment has not been made under the 9
composition. 10
(3) A bankruptcy law is-- 11
(a) the Bankruptcy Act 1966 (Cwlth); or 12
(b) a corresponding law of another jurisdiction, including a 13
jurisdiction outside Australia. 14
(4) A person automatically stops being a councillor when the 15
person becomes a bankrupt. 16
157 Judicial review of qualifications 17
(1) Any person who is entitled to vote in a local government 18
election may apply for a judicial review of the eligibility, or 19
continued eligibility, of a person to be a councillor on the 20
basis that the person is disqualified under this division. 21
(2) This section does not limit the Judicial Review Act. 22
158 Acting as councillor without authority 23
A person must not act as a councillor if the person knows 24
that-- 25
(a) the person is not qualified to be a councillor; or 26
(b) the person's office as a councillor has been vacated. 27
Maximum penalty--85 penalty units. 28
Page 142
Local Government Bill 2009
Chapter 6 Administration
Part 2 Councillors
[s 159]
Division 2 Councillor's term of office 1
159 When a councillor's term starts 2
A councillor's term starts on-- 3
(a) if the councillor is elected--the day after the conclusion 4
of the councillor's election; or 5
(b) if the councillor is appointed--the day on which the 6
councillor is appointed. 7
160 When a councillor's term ends 8
A councillor's term ends-- 9
(a) if the councillor is elected at a quadrennial election or at 10
a fresh election--at the conclusion of the next 11
quadrennial election; or 12
(b) if the councillor is elected at a fresh election and a 13
declaration is also made under a regulation--at the 14
conclusion of the quadrennial election after the next 15
quadrennial election; or 16
(c) if the councillor is elected or appointed to fill a vacancy 17
in the office of another councillor--at the end of the 18
other councillor's term; or 19
(d) when the Legislative Assembly ratifies the dissolution 20
of the local government under section 123; or 21
(e) when the councillor's office becomes otherwise vacant. 22
Note-- 23
See section 162 for an explanation of when this happens. 24
Page 143
Local Government Bill 2009
Chapter 6 Administration
Part 2 Councillors
[s 161]
Division 3 Vacancies in councillor's office 1
161 What this division is about 2
(1) This division is about when a councillor's office becomes 3
vacant, and the way in which the vacancy is to be filled. 4
(2) The way in which a vacancy is to be filled depends on-- 5
(a) whether the vacancy is in the office of the mayor or of 6
another councillor; and 7
(b) if the vacancy is in the office of another 8
councillor--whether the office becomes vacant during 9
the beginning, middle or end of the local government's 10
term. 11
(3) The beginning of the local government's term is the period of 12
12 months that-- 13
(a) starts on the day when the last quadrennial elections 14
were held; and 15
(b) ends on the day before the first anniversary of the last 16
quadrennial elections. 17
(4) The middle of the local government's term is the period of 18 18
months that-- 19
(a) starts on the first anniversary of the last quadrennial 20
elections; and 21
(b) ends on the day before the final part of the local 22
government's term starts. 23
(5) The final part of the local government's term is the period 24
that-- 25
(a) starts 30 months after the last quadrennial elections 26
were held; and 27
(b) ends on the day before the next quadrennial elections are 28
held. 29
Page 144
Local Government Bill 2009
Chapter 6 Administration
Part 2 Councillors
[s 162]
162 When a councillor's office becomes vacant 1
(1) A councillor's office becomes vacant if the councillor-- 2
(a) is dismissed; or 3
(b) ceases to be qualified to be a councillor under division 4
1; or 5
(c) is found, on a judicial review, to be ineligible to 6
continue to be a councillor; or 7
(d) does not comply with section 169; or 8
(e) is absent, without the local government's leave, from 2 9
or more consecutive ordinary meetings of the local 10
government over at least 2 months; or 11
(f) resigns as a councillor by signed notice of resignation 12
given to the chief executive officer; or 13
(g) dies; or 14
(h) becomes a local government employee. 15
(2) A local government employee does not include-- 16
(a) a person employed under a federally funded community 17
development project for Aborigines or Torres Strait 18
Islanders; or 19
(b) a person prescribed under a regulation. 20
163 When a vacancy in an office must be filled 21
(1) This section explains when a vacant office of a councillor 22
(including the mayor) must be filled. 23
(2) If a councillor's office becomes vacant 6 months or more 24
before quadrennial elections are required to be held, the local 25
government must fill the vacant office. 26
(3) The local government must fill the vacant office within 2 27
months after the office becomes vacant. 28
Page 145
Local Government Bill 2009
Chapter 6 Administration
Part 2 Councillors
[s 164]
(4) If the local government does not do so, the Governor in 1
Council may appoint a qualified person to fill the vacant 2
office. 3
(5) If a councillor's office becomes vacant within 6 months of 4
when quadrennial elections are required to be held, the local 5
government may decide not to fill the vacant office. 6
164 Filling a vacancy in the office of mayor 7
(1) This section applies if the local government is to fill a vacant 8
office of a mayor. 9
(2) The vacant office must be filled by a by-election. 10
165 Acting mayor 11
(1) The deputy mayor acts for the mayor during-- 12
(a) the absence or temporary incapacity of the mayor; or 13
(b) a vacancy in the office of mayor. 14
(2) If-- 15
(a) the office of mayor is vacant and the deputy mayor is 16
prevented, by absence or temporary incapacity, from 17
acting as the mayor; or 18
(b) the mayor and deputy mayor are both prevented, by 19
absence or temporary incapacity, from performing the 20
role of mayor; or 21
(c) the offices of both the mayor and deputy mayor are 22
vacant; 23
the local government may, by resolution, appoint an acting 24
mayor from its councillors. 25
(3) A local government may, by resolution, declare that the office 26
of deputy mayor is vacant. 27
Page 146
Local Government Bill 2009
Chapter 6 Administration
Part 2 Councillors
[s 166]
(4) The resolution may be passed only if written notice of the 1
resolution has been given to the councillors at least 14 days 2
before the meeting. 3
(5) If a local government declares that the office of deputy mayor 4
is vacant, it must immediately appoint another deputy mayor 5
from its councillors. 6
166 Filling a vacancy in the office of another councillor 7
(1) This section applies if the local government is to fill a vacant 8
office of a councillor (the former councillor) who is not the 9
mayor. 10
(2) If the office becomes vacant during the beginning of the local 11
government's term, the local government must fill the vacant 12
office by either-- 13
(a) a by-election; or 14
(b) appointing the runner-up in the last election. 15
(3) The runner-up in the last election is the person who would 16
have been elected if the former councillor had not won the last 17
quadrennial election. 18
(4) If the office becomes vacant during the middle of the local 19
government's term, the vacant office must be filled by a 20
by-election. 21
(5) If the office becomes vacant during the final part of the local 22
government's term, the vacant office must be filled by 23
appointing a person who is-- 24
(a) qualified to be a councillor; and 25
(b) if the former councillor was elected or appointed to 26
office as a political party's nominee--the political 27
party's nominee. 28
(6) If the person who is to be appointed must be the political 29
party's nominee, the chief executive officer must request the 30
political party to advise the full name and address of its 31
nominee. 32
Page 147
Local Government Bill 2009
Chapter 6 Administration
Part 2 Councillors
[s 167]
(7) The request must be made by a written notice given to the 1
political party's registered officer, within 14 days after the 2
office becomes vacant. 3
(8) If the person who is to be appointed need not be a political 4
party's nominee, the chief executive officer must, within 14 5
days after the office becomes vacant, invite nominations 6
from-- 7
(a) any person who is qualified to be a councillor, by 8
written notice published-- 9
(i) in a newspaper that is circulating generally in the 10
local government area; and 11
(ii) on the local government's website; and 12
(b) each person who was a candidate for the office of the 13
former councillor at the last quadrennial election, by 14
written notice. 15
(9) If the chief executive officer receives any nominations from 16
qualified persons or candidates, the local government must fill 17
the vacant office by appointing one of those persons or 18
candidates. 19
Division 4 Councillors with other jobs 20
167 Councillors and local government jobs 21
(1) If a person becomes a councillor while the person is a local 22
government employee, the person is taken to have resigned as 23
a local government employee on the day before the person 24
becomes a councillor. 25
(2) A local government employee includes an employee of a type 26
of entity prescribed under a regulation. 27
(3) However, a local government employee does not include a 28
person who-- 29
Page 148
Local Government Bill 2009
Chapter 6 Administration
Part 2 Councillors
[s 168]
(a) is employed under a federally funded community 1
development project for Aborigines or Torres Strait 2
Islanders; or 3
(b) is a member of a class of employees that is prescribed 4
under a regulation. 5
168 Senior councillors and full-time government jobs 6
(1) A person can not be a senior councillor and have a full-time 7
government job at the same time. 8
(2) A senior councillor is-- 9
(a) a councillor of a local government with a remuneration 10
category of 5 or higher; or 11
(b) the mayor of a local government with a remuneration 12
category of 3 or 4; or 13
(c) a councillor of another local government that is 14
prescribed under a regulation. 15
(3) A person has a full-time government job if-- 16
(a) the person holds a full-time appointment with a 17
government entity or the parliamentary service; and 18
(b) the person or someone else (including a family member, 19
for example) is entitled to a reward because the person 20
has the job. 21
(4) However, subsection (1) does not apply if-- 22
(a) the senior councillor, before accepting the full-time 23
government job-- 24
(i) signs a waiver that irrevocably waives the 25
entitlement to the reward; and 26
(ii) gives a copy of the waiver to the mayor or, if the 27
senior councillor is the mayor, to the chief 28
executive officer; or 29
(b) an Act expressly requires or allows the senior councillor 30
to have the full-time government job (including by 31
Page 149
Local Government Bill 2009
Chapter 6 Administration
Part 2 Councillors
[s 169]
requiring the senior councillor to be a member of a 1
board or tribunal, for example). 2
(5) If a senior councillor purports to accept an appointment in 3
contravention of subsection (1), the appointment is void. 4
(6) If a person becomes a senior councillor while the person has a 5
full-time government job, the person is taken to have resigned 6
from the full-time government job on the day before the 7
person became a senior councillor. 8
(7) This section does not stop a senior councillor from-- 9
(a) having a part-time government job; or 10
(b) converting a full-time government job to a part-time 11
government job, before the person becomes a senior 12
councillor. 13
(8) If a full-time government job is converted to a part-time 14
government job, the senior councillor is entitled to all existing 15
and accruing rights as if the part-time government job were a 16
continuation of the full-time government job. 17
Division 5 Obligations of councillors 18
169 Obligations of councillors before acting in office 19
(1) A councillor must not act in office until the councillor makes 20
the declaration of office. 21
(2) The declaration of office is a declaration prescribed under a 22
regulation. 23
(3) The chief executive officer is authorised to take the 24
declaration of office. 25
(4) The chief executive officer must keep a record of the taking of 26
the declaration of office. 27
(5) A person ceases to be a councillor if the person does not 28
comply with subsection (1) within-- 29
Page 150
Local Government Bill 2009
Chapter 6 Administration
Part 2 Councillors
[s 170]
(a) 1 month after being appointed or elected; or 1
(b) a longer period allowed by the Minister. 2
170 Giving directions to local government staff 3
(1) The mayor may give a direction to the chief executive officer. 4
Note-- 5
See section 258 for the prohibition on the mayor delegating this power. 6
(2) However, no other councillor may give a direction to the chief 7
executive officer. 8
(3) No councillor, including the mayor, may give a direction to 9
any other local government employee. 10
(4) The chief executive officer may make guidelines about the 11
way in which a councillor is to ask a local government 12
employee for advice to help the councillor to make a decision. 13
171 Use of information by councillors 14
(1) A person who is, or has been, a councillor must not use 15
information that was acquired as a councillor in order to-- 16
(a) gain, directly or indirectly, a financial advantage for the 17
person or someone else; or 18
(b) harm the local government. 19
(2) A person who is, or has been, a councillor must not release 20
information that the person knows, or should reasonably 21
know, is information that is confidential to the local 22
government. 23
Maximum penalty--100 penalty units or 2 years 24
imprisonment. 25
172 Councillor's material personal interest at a meeting 26
(1) This section applies if-- 27
Page 151
Local Government Bill 2009
Chapter 6 Administration
Part 2 Councillors
[s 172]
(a) a matter is to be discussed at a meeting of a local 1
government, or any of its committees; and 2
(b) the matter is not an ordinary business matter; and 3
(c) a councillor has a material personal interest in the 4
matter. 5
Note-- 6
See the dictionary for the definition of an ordinary business matter. 7
(2) A councillor has a material personal interest in the matter if 8
any of the following persons stands to gain a benefit, or suffer 9
a loss, (either directly or indirectly) depending on the outcome 10
of the consideration of the matter at the meeting-- 11
(a) the councillor; 12
(b) a spouse of the councillor; 13
(c) a member of the councillor's family; 14
(d) a partner of the councillor; 15
(e) an employer (other than a government entity) of the 16
councillor; 17
(f) an entity (other than a government entity) of which the 18
councillor or the person's nominee is a member; 19
(g) another person prescribed under a regulation. 20
(3) The councillor must-- 21
(a) inform the meeting of the councillor's material personal 22
interest in the matter; and 23
(b) leave the meeting room (including any area set aside for 24
the public), and stay out of the meeting room while the 25
matter is being discussed and voted on. 26
Maximum penalty-- 27
(a) if the councillor votes on the matter with an intention to 28
gain a benefit, or avoid a loss, for the councillor or 29
someone else--200 penalty units or 2 years 30
imprisonment; or 31
Page 152
Local Government Bill 2009
Chapter 6 Administration
Part 2 Councillors
[s 173]
(b) otherwise--85 penalty units. 1
(4) The following information must be recorded in the minutes of 2
the meeting, and on the local government's website-- 3
(a) the name of the councillor who has the material personal 4
interest, or possible material personal interest, in a 5
matter; 6
(b) the nature of the material personal interest, or possible 7
material personal interest, as described by the 8
councillor. 9
173 Councillor's conflict of interest at a meeting 10
(1) This section applies if-- 11
(a) a matter is to be discussed at a meeting of a local 12
government, or any of its committees; and 13
(b) a councillor has a conflict of interest, or could 14
reasonably be taken to have a conflict of interest, in the 15
matter. 16
(2) The councillor must inform the meeting about the councillor's 17
interest in the matter. 18
Maximum penalty--100 penalty units. 19
(3) A conflict of interest is a conflict between-- 20
(a) a councillor's personal interests (including personal 21
interests arising from the councillor's relationships or 22
club memberships, for example); and 23
(b) the public interest; 24
that might lead to a decision that is contrary to the public 25
interest. 26
(4) If the other persons who are entitled to vote at the meeting are 27
informed about a councillor's interest in a matter, by the 28
councillor or someone else, the other persons must-- 29
Page 153
Local Government Bill 2009
Chapter 6 Administration
Part 2 Councillors
[s 174]
(a) decide whether the councillor has a conflict of interest, 1
or could reasonably be taken to have a conflict of 2
interest, in the matter; and 3
(b) if the other persons decide that is the case--direct the 4
councillor to leave the meeting room (including any area 5
set aside for the public), and stay out of the meeting 6
room while the matter is being discussed and voted on. 7
(5) The councillor must comply with the decision, unless the 8
councillor has a reasonable excuse. 9
Maximum penalty--100 penalty units. 10
(6) Subsections (4) and (5) do not apply if a majority of the 11
councillors at a meeting inform the meeting under subsection 12
(2). 13
(7) The following must be recorded in the minutes of the meeting, 14
and on the local government's website-- 15
(a) the name of the councillor who has a conflict of interest, 16
or could reasonably be taken to have a conflict of 17
interest; 18
(b) the nature of the interest, as described by the councillor; 19
(c) if the councillor voted on the matter--how the 20
councillor voted on the matter; 21
(d) how the majority of persons who were entitled to vote at 22
the meeting voted on the matter. 23
174 Duty to report another councillor's material personal 24
interest, conflict of interest or misconduct 25
(1) This section applies if a councillor knows, or suspects on 26
reasonable grounds, that another councillor has-- 27
(a) a material personal interest, or conflict of interest, in a 28
matter before the local government; or 29
(b) engaged in misconduct. 30
(2) The councillor must, as soon as is practicable, report to-- 31
Page 154
Local Government Bill 2009
Chapter 6 Administration
Part 2 Councillors
[s 175]
(a) for a material personal interest or conflict of interest-- 1
(i) if the material personal interest or conflict of 2
interest arises at a meeting of a local government, 3
or any of its committees--the person who is 4
presiding over the meeting; or 5
(ii) otherwise--the chief executive officer; or 6
(b) for misconduct--the chief executive officer. 7
(3) A person commits an offence if the person-- 8
(a) prejudices, or threatens to prejudice, the safety or career 9
of another person because that other person or someone 10
else complied with subsection (2); or 11
(b) intimidates or harasses, or threatens to intimidate or 12
harass, another person because that other person or 13
someone else complied with subsection (2); or 14
(c) takes any action that is, or is likely to be, detrimental to 15
another person because that other person or someone 16
else complied with subsection (2). 17
Maximum penalty--100 penalty units or 2 years 18
imprisonment. 19
175 Post-election meetings 20
(1) A local government must hold a meeting within 14 days 21
after-- 22
(a) the conclusion of each quadrennial election; and 23
(b) the conclusion of a fresh election of its councillors. 24
(2) The local government must, by resolution, appoint a deputy 25
mayor from its councillors-- 26
(a) at that meeting; and 27
(b) at the first meeting after the office of the councillor who 28
is the deputy mayor becomes vacant. 29
Page 155
Local Government Bill 2009
Chapter 6 Administration
Part 2 Councillors
[s 176]
Division 6 Conduct and performance of 1
councillors 2
176 What this division is about 3
(1) This division is about dealing with complaints about the 4
conduct and performance of councillors, to ensure that-- 5
(a) appropriate standards of conduct and performance are 6
maintained; and 7
(b) a councillor who engages in misconduct is disciplined. 8
(2) A councillor includes a person who is no longer a councillor 9
but who was a councillor when the misconduct is alleged to 10
have happened. 11
(3) Misconduct is conduct, or a conspiracy or attempt to engage 12
in conduct, of or by a councillor-- 13
(a) that adversely affects, or could adversely affect, (either 14
directly or indirectly) the honest and impartial 15
performance of the councillor's responsibilities or 16
exercise of the councillor's powers; or 17
(b) that is or involves-- 18
(i) the performance of the councillor's 19
responsibilities, or the exercise of the councillor's 20
powers, in a way that is not honest or is not 21
impartial; or 22
(ii) a breach of the trust placed in the councillor; or 23
(iii) a misuse of information or material acquired in or 24
in connection with the performance of the 25
councillor's responsibilities, whether the misuse is 26
for the benefit of the councillor or someone else; or 27
(c) that breaches section 174(2); or 28
(d) that is referred to the department's chief executive as 29
misconduct under section 181. 30
Page 156
Local Government Bill 2009
Chapter 6 Administration
Part 2 Councillors
[s 176]
(4) Inappropriate conduct is conduct that is not appropriate 1
conduct for a representative of a local government, but is not 2
misconduct, including for example-- 3
(a) a councillor failing to comply with the local 4
government's procedures; or 5
(b) a councillor behaving in an offensive or disorderly way 6
in a meeting of the local government or any of its 7
committees. 8
(5) It is irrelevant whether the conduct that constitutes 9
misconduct was engaged in-- 10
(a) within Queensland or elsewhere; or 11
(b) when the councillor was not exercising the 12
responsibilities of a councillor. 13
(6) In summary, the process for reviewing complaints of 14
misconduct by councillors is as follows-- 15
· assessing complaints--the chief executive officer 16
assesses each complaint of misconduct, and refers all 17
complaints of misconduct that are not frivolous or 18
vexatious to the department's chief executive 19
· notifying councillor of the hearing of a complaint of 20
misconduct--the department's chief executive notifies 21
the councillor about the hearing of the complaint 22
· hearing and deciding complaints--the regional conduct 23
review panel or tribunal hears the complaint and decides 24
whether or not the councillor engaged in misconduct, 25
and if so, what is the appropriate disciplinary action 26
· taking disciplinary action--disciplinary action is taken 27
against a councillor who has engaged in misconduct, by 28
the regional conduct review panel, the tribunal or the 29
Minister, depending on the severity of the misconduct. 30
(7) A regional conduct review panel is a body, created under this 31
Act, that is responsible for hearing and deciding a complaint 32
of misconduct by a councillor. 33
Page 157
Local Government Bill 2009
Chapter 6 Administration
Part 2 Councillors
[s 177]
Note-- 1
See chapter 6, part 4 for more information about the creation of a 2
regional conduct review panel. 3
(8) The tribunal is a body, created under this Act, that is 4
responsible (amongst other things) for hearing and deciding 5
the most serious complaints of misconduct by a councillor. 6
Note-- 7
See chapter 6, part 3 for more information about the creation of the 8
tribunal, and section 183 for the tribunal's other responsibilities. 9
(9) To remove any doubt, a councillor may be dealt with for an 10
act or omission that constitutes misconduct under this Act, 11
and also dealt with for the same act or omission-- 12
(a) as the commission of an offence; or 13
(b) under the Crime and Misconduct Commission Act. 14
(10) A decision under this part by any of the following persons is 15
not subject to appeal-- 16
(a) a regional conduct review panel; 17
(b) the tribunal; 18
(c) the chief executive officer; 19
(d) a mayor; 20
(e) a deputy mayor; 21
(f) the chairperson of a meeting. 22
Note-- 23
See section 244 for more information. 24
177 Assessing complaints 25
(1) This section applies if a local government, or the department's 26
chief executive, makes or receives a complaint about the 27
conduct or performance of a councillor. 28
Page 158
Local Government Bill 2009
Chapter 6 Administration
Part 2 Councillors
[s 177]
(2) The local government or department's chief executive must 1
give written notice of the complaint to the chief executive 2
officer. 3
(3) The chief executive officer must assess each complaint to 4
decide whether the complaint-- 5
(a) is about a frivolous matter or was made vexatiously; or 6
(b) is about inappropriate conduct, misconduct, official 7
misconduct or another matter (including a general 8
complaint against the local government, for example). 9
(4) If the chief executive officer assesses that the complaint is 10
about a frivolous matter or was made vexatiously, the chief 11
executive officer may decide that no further action be taken in 12
relation to the complaint. 13
(5) If the chief executive officer assesses that the complaint is 14
about inappropriate conduct, the chief executive officer 15
must-- 16
(a) if the complaint is about conduct of the mayor--refer 17
the complaint to the deputy mayor; or 18
(b) if the complaint is about conduct of another 19
councillor--refer the complaint to the mayor. 20
(6) If the chief executive officer assesses that the complaint is 21
about misconduct, the chief executive officer must refer the 22
complaint to the department's chief executive. 23
(7) If the chief executive officer assesses that the complaint is 24
about official misconduct under the Crime and Misconduct 25
Act, the chief executive officer must deal with the complaint 26
in accordance with that Act. 27
(8) If the chief executive officer assesses that the complaint is 28
about another matter, the chief executive officer must deal 29
with the complaint in an appropriate way. 30
(9) The chief executive officer must give the entity who made the 31
complaint, and the accused councillor, a written notice that 32
states-- 33
Page 159
Local Government Bill 2009
Chapter 6 Administration
Part 2 Councillors
[s 177]
(a) the type of complaint that the chief executive officer has 1
assessed the complaint as; and 2
(b) the action (if any) that is proposed to be taken in relation 3
to the complaint; and 4
(c) if the complaint was about a frivolous matter or was 5
made vexatiously--that it is an offence under subsection 6
(10) for a person to make a complaint that is 7
substantially about a matter that the chief executive 8
officer has assessed as being frivolous or vexatious. 9
(10) A person must not make a complaint about the misconduct of 10
a councillor if-- 11
(a) the complaint is substantially the same as a complaint 12
that the person has previously made; and 13
(b) the chief executive officer has given the person a notice 14
that complies with subsection (9). 15
Maximum penalty--10 penalty units. 16
(11) The chief executive officer must keep a record of-- 17
(a) all written complaints received by the chief executive 18
officer; and 19
(b) the outcome of each written complaint, including any 20
disciplinary action or other action that was taken in 21
relation to the complaint. 22
(12) The chief executive officer must ensure that the public may 23
inspect the record-- 24
(a) at the local government's public office; or 25
(b) on the local government's website. 26
(13) However, subsection (12) does not apply to the record of a 27
written complaint that-- 28
(a) the chief executive officer has assessed as being about a 29
frivolous matter or as having been made vexatiously; or 30
(b) is a public interest disclosure within the meaning of the 31
Whistleblowers Protection Act 1994. 32
Page 160
Local Government Bill 2009
Chapter 6 Administration
Part 2 Councillors
[s 178]
178 Notifying councillor of the hearing of a complaint of 1
misconduct 2
(1) This section applies if the chief executive officer refers a 3
complaint to the department's chief executive. 4
(2) The department's chief executive must give the accused 5
councillor a written notice that informs the councillor about 6
the hearing of the complaint of misconduct. 7
(3) The notice must state-- 8
(a) the misconduct that is alleged to have been engaged in 9
by the councillor; and 10
(b) the time and date when the hearing is to begin; and 11
(c) the place where the complaint is to be heard. 12
(4) The notice must be given to the councillor at least 7 days 13
before the hearing is to begin. 14
(5) If all reasonable attempts to give the notice to the councillor 15
have failed, the department's chief executive may-- 16
(a) publish the notice, at least 7 days before the hearing is to 17
begin-- 18
(i) in a newspaper that is circulating in the local 19
government area; and 20
(ii) on the department's website; or 21
(b) direct the local government to publish the notice on the 22
local government's website at least 7 days before the 23
hearing is to begin. 24
179 Hearing and deciding complaints 25
(1) This section is about the hearing of a complaint of misconduct 26
by a regional conduct review panel or the tribunal. 27
(2) A regional conduct review panel or the tribunal may hear 28
complaints of misconduct by a number of councillors in the 29
same hearing, unless the defence of any of the councillors 30
may be prejudiced. 31
Page 161
Local Government Bill 2009
Chapter 6 Administration
Part 2 Councillors
[s 180]
(3) The hearing must be conducted in the way set out in chapter 7, 1
part 1. 2
(4) The regional conduct review panel or tribunal may decide all 3
or part of the hearing from the documents brought before the 4
regional conduct review panel or tribunal, without the parties 5
or the witnesses appearing, if-- 6
(a) the regional conduct review panel or tribunal considers 7
it appropriate in all the circumstances; or 8
(b) the parties agree. 9
(5) The standard of proof in the hearing is the balance of 10
probabilities. 11
(6) The regional conduct review panel or tribunal must keep a 12
written record of the hearing, in which it records-- 13
(a) the statements of the councillor and all witnesses; and 14
(b) any reports relating to the councillor that are tendered at 15
the hearing. 16
180 Taking disciplinary action 17
(1) This section applies if, after hearing a complaint of 18
misconduct, the regional conduct review panel or tribunal 19
decides that the councillor engaged in misconduct. 20
(2) The regional conduct review panel may make any 1 or more 21
of the following orders or recommendations that it considers 22
appropriate in view of the circumstances relating to the 23
misconduct-- 24
(a) an order that the councillor be counselled about the 25
misconduct, and how not to repeat the misconduct; 26
(b) an order that the councillor make an admission of error 27
or an apology; 28
(c) an order that the councillor participate in mediation with 29
another person; 30
Page 162
Local Government Bill 2009
Chapter 6 Administration
Part 2 Councillors
[s 180]
(d) a recommendation to the department's chief executive to 1
monitor the councillor or the local government for 2
compliance with the Local Government Acts. 3
(3) However, if the regional conduct review panel considers that 4
more serious disciplinary action should be taken, the regional 5
conduct review panel must report the matter to the tribunal for 6
the tribunal to take disciplinary action. 7
(4) The tribunal may make any order or recommendation that it 8
considers appropriate in view of the circumstances relating to 9
the misconduct. 10
(5) For example, the tribunal may make any 1 or more of the 11
following orders or recommendations-- 12
(a) an order that the councillor be counselled about the 13
misconduct, and how not to repeat the misconduct; 14
(b) an order that the councillor make an admission of error 15
or an apology; 16
(c) an order that the councillor participate in mediation with 17
another person; 18
(d) a recommendation to the department's chief executive to 19
monitor the councillor or the local government for 20
compliance with the Local Government Acts; 21
(e) an order that the councillor forfeit an allowance, benefit, 22
payment or privilege; 23
(f) an order that the councillor reimburse the local 24
government; 25
(g) a recommendation to the Minister that the councillor be 26
suspended for a specified period; 27
(h) a recommendation to the Minister that the councillor be 28
dismissed; 29
(i) a recommendation to the Crime and Misconduct 30
Commission or the Commissioner of Police that the 31
councillor's conduct be further investigated. 32
Page 163
Local Government Bill 2009
Chapter 6 Administration
Part 2 Councillors
[s 181]
(6) When deciding what disciplinary action is appropriate in view 1
of the circumstances relating to the misconduct, the regional 2
conduct review panel or tribunal may consider-- 3
(a) any misconduct of the councillor in the past; and 4
(b) any allegation made in the hearing that was admitted, or 5
was not challenged. 6
(7) However, the regional conduct review panel or tribunal may 7
consider an allegation that was not admitted, or was 8
challenged, only if the regional conduct review panel or 9
tribunal is satisfied that the allegation is true. 10
(8) The degree to which the regional conduct review panel or 11
tribunal must be satisfied depends on the consequences, that 12
are adverse to the councillor, of finding the allegation to be 13
true. 14
181 Inappropriate conduct 15
(1) If the chief executive officer refers a complaint to the mayor 16
or deputy mayor, the mayor or deputy mayor may make either 17
or both of the following orders that the mayor or deputy 18
mayor considers appropriate in the circumstances-- 19
(a) an order reprimanding the councillor for the 20
inappropriate conduct; 21
(b) an order that any repeat of the inappropriate conduct be 22
referred to the department's chief executive as 23
misconduct. 24
(2) If inappropriate conduct happens in a meeting of the local 25
government or its committees, the chairperson of the meeting 26
may make any 1 or more of the following orders that the 27
chairperson considers appropriate in the circumstances-- 28
(a) an order that the councillor's inappropriate conduct be 29
noted in the minutes of the meeting; 30
(b) an order that the councillor leave the place where the 31
meeting is being held (including any area set aside for 32
Page 164
Local Government Bill 2009
Chapter 6 Administration
Part 3 The tribunal
[s 182]
the public), and stay out of the place for the rest of the 1
meeting; 2
(c) an order that a councillor who fails to leave the place 3
where the meeting is being held when ordered to do so, 4
be removed from the place. 5
182 Department's chief executive is public official for CMC 6
Act 7
(1) A local government is a unit of public administration for the 8
Crime and Misconduct Act. 9
(2) For any complaint of, or information or matter involving, 10
misconduct by a councillor, a reference to a public official in 11
the Crime and Misconduct Act, section 46(2), is taken to be a 12
reference to the department's chief executive. 13
Part 3 The tribunal 14
183 Establishing the tribunal 15
(1) The Local Government Remuneration and Discipline Tribunal 16
(the tribunal) is established. 17
(2) As well as the responsibilities mentioned in section 176, the 18
tribunal is responsible for-- 19
(a) establishing the categories of local governments; and 20
(b) deciding which category each local government belongs 21
to; and 22
(c) deciding the remuneration that is payable to the 23
councillors in each of those categories; and 24
(d) any other functions that the Minister directs the tribunal 25
to perform. 26
Page 165
Local Government Bill 2009
Chapter 6 Administration
Part 3 The tribunal
[s 184]
184 Members of tribunal 1
(1) The tribunal is made up of 3 qualified persons who are 2
appointed by the Governor in Council. 3
(2) A person is qualified to be a member only if the person-- 4
(a) has extensive knowledge of, and experience in, 1 or 5
more of the following-- 6
(i) local government; 7
(ii) community affairs; 8
(iii) industrial relations; 9
(iv) investigations; 10
(v) law; 11
(vi) public administration; 12
(vii) public sector ethics; 13
(viii) public finance; or 14
(b) has other knowledge and experience that the Governor 15
in Council considers appropriate. 16
(3) However, a person is not qualified to be a member of the 17
tribunal if the person-- 18
(a) is a councillor of a local government; or 19
(b) is a nominee for election as a councillor; or 20
(c) accepts an appointment as a councillor; or 21
(d) is an employee of a local government; or 22
(e) is a contractor of a local government; or 23
(f) is a consultant engaged by a local government; or 24
(g) is a member of an Australian Parliament; or 25
(h) is a nominee for election as a member of an Australian 26
Parliament; or 27
(i) is a member of a political party; or 28
Page 166
Local Government Bill 2009
Chapter 6 Administration
Part 3 The tribunal
[s 185]
(j) has a conviction for an indictable offence that is not an 1
expired conviction; or 2
(k) is an insolvent under administration (within the meaning 3
of the Corporations Act, section 9); or 4
(l) is a type of person prescribed under a regulation. 5
(4) The Governor in Council must appoint 1 of the members to be 6
the chairperson of the tribunal. 7
(5) A member may be appointed for a term of not longer than 4 8
years. 9
(6) However, a member may be reappointed. 10
(7) A person stops being a member if the person-- 11
(a) completes a term of office but is not reappointed; or 12
(b) resigns by signed notice of resignation given to the 13
department's chief executive; or 14
(c) is removed as a member by the Governor in Council for 15
misbehaviour or physical or mental incapacity; or 16
(d) is not qualified to be a member under subsection (3). 17
185 Remuneration and appointment conditions of members 18
(1) A member of the tribunal is entitled to be paid the 19
remuneration and allowances decided by the Governor in 20
Council. 21
(2) A member of the tribunal holds office on the other conditions 22
that the Governor in Council decides. 23
(3) If a commissioner under the Industrial Relations Act is 24
appointed as a member, the person is not entitled to any 25
remuneration or allowances in addition to the person's salary 26
or allowances as a commissioner. 27
(4) However, the person is entitled to be paid any expenses 28
reasonably incurred by the person in performing the 29
responsibilities of a member. 30
Page 167
Local Government Bill 2009
Chapter 6 Administration
Part 4 Regional conduct review panels
[s 186]
186 Costs of tribunal to be met by local government 1
The local government must pay the costs of the tribunal in 2
relation to a complaint of misconduct of a councillor, 3
including the remuneration, allowances and expenses paid to 4
members of the tribunal. 5
187 Conflict of interests 6
(1) This section applies if a member of the tribunal has any 7
interest that may conflict with a fair and impartial hearing of a 8
complaint made against an accused councillor. 9
(2) The member must not take part, or take further part, in any 10
consideration of the matter. 11
Maximum penalty--35 penalty units. 12
(3) As soon as practicable after the member becomes aware that 13
this section applies to the member, the member must inform 14
the department's chief executive. 15
Maximum penalty--35 penalty units. 16
188 Assistance from departmental staff 17
The department's chief executive must make available to the 18
tribunal the staff assistance that the tribunal needs to 19
effectively perform its responsibilities. 20
Part 4 Regional conduct review 21
panels 22
189 Appointing members of regional conduct review panels 23
(1) A regional conduct review panel is constituted by at least 3 24
members that the department's chief executive chooses from a 25
Page 168
Local Government Bill 2009
Chapter 6 Administration
Part 4 Regional conduct review panels
[s 189]
pool of members for the region in which the councillor in 1
question resides. 2
(2) The department's chief executive must appoint a pool of 3
members for a regional conduct review panel for the different 4
regions of the State decided by the department's chief 5
executive. 6
(3) A person is qualified to be a member of the pool of members 7
only if the person-- 8
(a) has extensive knowledge of, and experience in, 1 or 9
more of the following-- 10
(i) local government; 11
(ii) community affairs; 12
(iii) investigations; 13
(iv) law; 14
(v) public administration; 15
(vi) public sector ethics; 16
(vii) public finance; or 17
(b) has the other qualifications and experience that the 18
department's chief executive considers appropriate. 19
(4) However, a person is not qualified to be a member of the pool 20
of members if the person-- 21
(a) is a councillor of a local government; or 22
(b) is a nominee for election as a councillor; or 23
(c) accepts an appointment as a councillor; or 24
(d) is an employee of a local government; or 25
(e) is a contractor of a local government; or 26
(f) is a consultant engaged by a local government; or 27
(g) is a member of an Australian Parliament; or 28
(h) is a nominee for election as a member of an Australian 29
Parliament; or 30
Page 169
Local Government Bill 2009
Chapter 6 Administration
Part 4 Regional conduct review panels
[s 190]
(i) is a member of a political party; or 1
(j) has a conviction for an indictable offence that is not an 2
expired conviction; or 3
(k) is an insolvent under administration (within the meaning 4
of the Corporations Act, section 9); or 5
(l) is a type of person prescribed under a regulation. 6
(5) A member may be appointed for a term of not longer than 4 7
years. 8
(6) However, a member may be reappointed. 9
(7) A person stops being a member if the person-- 10
(a) completes a term of office but is not reappointed; or 11
(b) resigns by signed notice of resignation given to the 12
department's chief executive; or 13
(c) is removed as a member by the department's chief 14
executive for misbehaviour or physical or mental 15
incapacity; or 16
(d) is not qualified to be a member under subsection (4). 17
190 Remuneration and appointment conditions of members 18
(1) A member of a regional conduct review panel is entitled to be 19
paid the remuneration and allowances decided by the 20
department's chief executive. 21
(2) A member of a regional conduct review panel holds office on 22
the other conditions that the department's chief executive 23
decides. 24
191 Costs of regional conduct review panels to be met by 25
local government 26
The local government must pay the costs of a regional conduct 27
review panel in relation to a complaint of misconduct of a 28
councillor, including the remuneration, allowances and 29
Page 170
Local Government Bill 2009
Chapter 6 Administration
Part 5 Local government employees
[s 192]
expenses paid to members of the regional conduct review 1
panel. 2
192 Conflict of interests 3
(1) This section applies if a member of a regional conduct review 4
panel has any interest that may conflict with a fair and 5
impartial hearing of a complaint made against an accused 6
councillor. 7
(2) The member must not take part, or take further part, in any 8
consideration of the matter. 9
Maximum penalty--35 penalty units. 10
(3) As soon as practicable after the member becomes aware that 11
this section applies to the member, the member must inform 12
the department's chief executive. 13
Maximum penalty for subsection (3)--35 penalty units. 14
193 Assistance from departmental staff 15
The department's chief executive must make available to the 16
regional conduct review panel the staff assistance that the 17
regional conduct review panel needs to effectively perform its 18
responsibilities. 19
Part 5 Local government employees 20
Division 1 Chief executive officer 21
194 Appointing a chief executive officer 22
(1) A local government must appoint a qualified person to be its 23
chief executive officer. 24
Page 171
Local Government Bill 2009
Chapter 6 Administration
Part 5 Local government employees
[s 195]
(2) A person is qualified to be the chief executive officer if the 1
person has the ability, experience, knowledge and skills that 2
the local government considers appropriate, having regard to 3
the responsibilities of a chief executive officer. 4
(3) A person who is appointed as the chief executive officer must 5
enter into a written contract of employment with the local 6
government. 7
(4) The contract of employment must provide for-- 8
(a) the chief executive officer to meet performance 9
standards set by the local government; and 10
(b) the chief executive officers's conditions of employment 11
(including remuneration). 12
195 Appointing an acting chief executive officer 13
A local government may appoint a qualified person to act as 14
the chief executive officer during-- 15
(a) any vacancy, or all vacancies, in the position; or 16
(b) any period, or all periods, when the chief executive 17
officer is absent from duty or can not, for another 18
reason, perform the chief executive officer's 19
responsibilities. 20
Division 2 Other local government employees 21
196 Appointing other local government employees 22
(1) A local government must, by resolution, adopt an 23
organisational structure that is appropriate to the performance 24
of the local government's responsibilities. 25
(2) The local government may employ local government 26
employees for the performance of the local government's 27
responsibilities. 28
Page 172
Local Government Bill 2009
Chapter 6 Administration
Part 5 Local government employees
[s 197]
(3) The chief executive officer must appoint the local government 1
employees. 2
(4) However, the chief executive officer must consult with the 3
councillors before appointing a senior contract employee. 4
(5) A senior contract employee is a local government employee 5
who is employed-- 6
(a) on a contractual basis; and 7
(b) in a position that reports directly to the chief executive 8
officer. 9
(6) A local government employee is employed on-- 10
(a) the conditions contained in any relevant industrial 11
instrument; and 12
(b) any other conditions that the local government decides. 13
197 Disciplinary action against local government employees 14
(1) The chief executive officer is the only person who may take 15
disciplinary action against a local government employee. 16
(2) If the chief executive officer takes disciplinary action against a 17
local government employee, the local government employee 18
may appeal against the decision to the entity prescribed under 19
a regulation. 20
Division 3 Common provisions 21
198 Concurrent employment of local government employees 22
(1) This section applies to all local government employees, 23
including the chief executive officer. 24
(2) A local government employee may be employed by more than 25
1 local government at the same time, if each of the local 26
governments agree. 27
Page 173
Local Government Bill 2009
Chapter 6 Administration
Part 5 Local government employees
[s 199]
199 Improper conduct by local government employees 1
(1) This section applies to all local government employees, 2
including the chief executive officer. 3
(2) A local government employee includes-- 4
(a) an employee of a corporate entity; and 5
(b) a contractor of the local government; and 6
(c) a type of person prescribed under a regulation. 7
(3) A local government employee must not ask for, or accept, a 8
fee or other benefit for doing something as a local government 9
employee. 10
Maximum penalty-- 11
(a) for an employee of a corporate entity--500 penalty units 12
or 5 years imprisonment; or 13
(b) for any other local government employee--100 penalty 14
units or 2 years imprisonment. 15
(4) However, subsection (3) does not apply to-- 16
(a) remuneration paid by the local government; or 17
(b) a benefit that has only a nominal value. 18
(5) A local government employee must not unlawfully destroy or 19
damage property of the local government. 20
Maximum penalty--100 penalty units or 2 years 21
imprisonment. 22
200 Improper use of information by local government 23
employees 24
(1) This section applies to all local government employees, 25
including the chief executive officer. 26
(2) A local government employee includes-- 27
(a) an employee of a corporate entity; and 28
(b) a contractor of the local government; and 29
Page 174
Local Government Bill 2009
Chapter 6 Administration
Part 5 Local government employees
[s 200]
(c) a type of person prescribed under a regulation. 1
(3) A person who is, or has been, a local government employee 2
must not make improper use of information acquired as a 3
local government employee-- 4
(a) to gain (directly or indirectly) an advantage for the 5
person or someone else; or 6
(b) to cause detriment to the local government. 7
Maximum penalty-- 8
(a) for an employee of a corporate entity--500 penalty units 9
or 5 years imprisonment; or 10
(b) for any other local government employee--100 penalty 11
units or 2 years imprisonment. 12
(4) A local government includes a corporate entity of the local 13
government. 14
(5) If an employee of a corporate entity contravenes subsection 15
(3), the corporate entity may recover from the employee, as a 16
debt due to the corporate entity-- 17
(a) if anyone made a profit because of the 18
contravention--an amount equal to the profit; and 19
(b) if the corporate entity suffered loss or damage because 20
of the contravention--an amount equal to the loss or 21
damage. 22
(6) The amount may be recovered from the employee whether or 23
not the employee has been convicted of an offence in relation 24
to the contravention. 25
(7) Subsection (5) applies in addition to, and does not limit, the 26
Criminal Proceeds Confiscation Act 2002. 27
(8) A person who is, or has been, a local government employee 28
must not release information that the person knows, or should 29
reasonably know, is information that-- 30
(a) is confidential to the local government; and 31
(b) the local government wishes to keep confidential. 32
Page 175
Local Government Bill 2009
Chapter 6 Administration
Part 5 Local government employees
[s 201]
Maximum penalty-- 1
(a) for an employee of a corporate entity--500 penalty units 2
or 5 years imprisonment; or 3
(b) for any other local government employee--100 penalty 4
units or 2 years imprisonment. 5
201 Annual report must detail remuneration 6
(1) The annual report of a local government must state-- 7
(a) the total remuneration packages that are payable (in the 8
year to which the annual report relates) to senior 9
contract employees; and 10
(b) the number of senior contract employees who are being 11
paid each of the total remuneration packages. 12
(2) A senior contract employee is-- 13
(a) the chief executive officer; or 14
(b) any other local government employee who is 15
employed-- 16
(i) on a contractual basis; and 17
(ii) in a position that reports directly to the chief 18
executive officer. 19
Examples of the detail for the annual report-- 20
· 1 senior contract employee with a total remuneration package in the 21
range of $100000-$119000 22
· 2 senior contract employees with a total remuneration package in 23
the range of $120000-$149000 24
· 1 senior contract employee with a total remuneration package in the 25
range of $150000-$175000 26
Page 176
Local Government Bill 2009
Chapter 6 Administration
Part 6 Authorised persons
[s 202]
Part 6 Authorised persons 1
202 Appointing authorised persons 2
(1) The chief executive officer may appoint a qualified person to 3
be an authorised person. 4
(2) A person is qualified to be an authorised person if the 5
person-- 6
(a) has the competencies-- 7
(i) that the chief executive officer considers are 8
necessary to perform the responsibilities that are 9
required to be performed by the authorised person; 10
or 11
(ii) prescribed under a regulation; and 12
(b) is either-- 13
(i) an employee of the local government; or 14
(ii) another type of person prescribed under a 15
regulation. 16
(3) The appointment of an authorised person must state the 17
provisions of this Act for which the authorised person is 18
appointed. 19
(4) An authorised person's appointment is subject to the 20
conditions stated in-- 21
(a) the document that appoints the authorised person; or 22
(b) a written notice given to the authorised person by the 23
chief executive officer; or 24
(c) a regulation. 25
203 End of appointment of authorised persons 26
(1) A person stops being an authorised person-- 27
Page 177
Local Government Bill 2009
Chapter 6 Administration
Part 6 Authorised persons
[s 204]
(a) at the end of the term of appointment stated in the 1
document that appointed the authorised person; or 2
(b) if the authorised person gives the local government a 3
signed notice of resignation; or 4
(c) if it is a condition of the authorised person's 5
appointment that the authorised person hold another 6
position at the same time--if the authorised person 7
stops holding the other position. 8
(2) If it is a condition of the authorised person's appointment that 9
the authorised person hold another position at the same time, a 10
notice of resignation acts as a notice of resignation for both 11
positions. 12
(3) This section does not limit the ways in which an authorised 13
person's appointment ends. 14
204 Identity card for authorised persons 15
(1) The chief executive officer must give each authorised person 16
an identity card. 17
(2) This section does not stop a single identity card being issued 18
to a person for this Act and for another purpose. 19
(3) A person who stops being an authorised person must return 20
the person's identity card to the chief executive officer, within 21
21 days after stopping being an authorised person, unless the 22
person has a reasonable excuse. 23
Maximum penalty for subsection (3)--10 penalty units. 24
Page 178
Local Government Bill 2009
Chapter 6 Administration
Part 7 Interim management
[s 205]
Part 7 Interim management 1
205 Interim management committee 2
(1) When an interim administrator is appointed for a local 3
government, the Minister may appoint a committee of persons 4
to help the interim administrator to perform the interim 5
administrator's responsibilities. 6
(2) A person may be appointed as a member of a committee for a 7
limited time or indefinitely. 8
(3) The interim administrator is chairperson of the committee and 9
must preside at every meeting of the committee at which the 10
interim administrator is present. 11
(4) If, because of absence or incapacity, the interim administrator 12
can not perform the responsibilities of chairperson of the 13
committee, the other members of the committee must appoint 14
another member to act as chairperson. 15
206 Conditions of appointment as interim administrator or 16
member of committee 17
(1) An interim administrator or a member of a committee is 18
entitled to the fees, allowances and expenses decided by the 19
Governor in Council. 20
(2) An officer of the public service who is appointed as an interim 21
administrator, or as a member of a committee, may hold the 22
appointment as well as the public service office. 23
207 End of appointment of interim management 24
A person stops being an interim administrator, or a member of 25
an interim management committee-- 26
(a) if the person resigns by signed notice of resignation 27
given to the department's chief executive; or 28
Page 179
Local Government Bill 2009
Chapter 6 Administration
Part 8 The superannuation board
[s 208]
(b) if the Governor in Council, for any reason, cancels the 1
person's appointment; or 2
(c) at the conclusion of a fresh election of the councillors of 3
the local government. 4
Part 8 The superannuation board 5
208 Superannuation board 6
(1) The Queensland Local Government Superannuation Board 7
under the 1993 Act (the super board) continues in existence 8
under this Act. 9
(2) The super board-- 10
(a) is a body corporate; and 11
(b) may sue and be sued in its corporate name. 12
209 Board's responsibilities 13
(1) The super board's primary responsibility is to act as the 14
trustee of the LG super scheme. 15
(2) The super board, with the Governor in Council's approval, has 16
the following extra responsibilities-- 17
(a) to manage another superannuation scheme for the 18
scheme's trustee; 19
(b) to act as trustee of a related persons scheme; 20
(c) to establish, and act as trustee of, a related persons 21
scheme. 22
(3) A related persons scheme is a scheme providing 23
superannuation, retirement or other similar benefits for 24
persons (other than eligible members) who-- 25
Page 180
Local Government Bill 2009
Chapter 6 Administration
Part 8 The superannuation board
[s 210]
(a) work for, or provide a service to, a local government; 1
and 2
(b) are prescribed under a regulation as a related person. 3
(4) The super board may delegate its powers to an employee of 4
the super board. 5
210 Board of directors 6
(1) The super board has a board of directors. 7
(2) The board of directors is responsible for how the super board 8
performs its responsibilities. 9
(3) The board of directors must ensure that the super board 10
performs its responsibilities in a proper, effective and efficient 11
way. 12
(4) The board of directors is made up of-- 13
(a) 3 directors appointed on the nomination of the Local 14
Government Association of Queensland Inc. or its 15
successor in law; and 16
(b) 3 directors appointed on the nomination of members of 17
the LG super scheme; and 18
(c) if the trust deed provides for the appointment of an 19
additional independent director and an independent 20
director is appointed--the appointed independent 21
director. 22
(5) The directors must be appointed under the rules established to 23
comply with the Commonwealth Super Act. 24
(6) A regulation may change the number of directors that are to 25
be appointed under subsection (4)(a) and (b). 26
211 Seal of the super board 27
(1) The super board has a seal. 28
(2) Judicial notice must be taken of the seal on a document. 29
Page 181
Local Government Bill 2009
Chapter 7 Other provisions
Part 1 Way to hold a hearing
[s 212]
(3) A document marked with the seal must be presumed to have 1
been properly sealed, unless the contrary is proved. 2
Chapter 7 Other provisions 3
Part 1 Way to hold a hearing 4
212 What this part is about 5
(1) This part sets out the way to hold a hearing under this Act. 6
(2) The person or other entity that is conducting the hearing is 7
called the investigator in this part. 8
213 Procedures at hearing 9
(1) When conducting a hearing, the investigator must-- 10
(a) observe natural justice; but 11
(b) act as quickly and informally as is consistent with a fair 12
and proper consideration of the issues raised in the 13
hearing. 14
(2) For example, the investigator may-- 15
(a) act in the absence of a person who has been given 16
reasonable notice of the hearing; or 17
(b) receive evidence by statutory declaration; or 18
(c) refuse to allow a person to be represented by a legal 19
practitioner; or 20
(d) disregard the rules of evidence; or 21
(e) disregard any defect, error, omission or insufficiency in 22
a document; or 23
(f) allow a document to be amended; or 24
Page 182
Local Government Bill 2009
Chapter 7 Other provisions
Part 1 Way to hold a hearing
[s 214]
(g) adjourn a hearing. 1
(3) However, the investigator must comply with any procedural 2
rules prescribed under a regulation. 3
(4) A hearing is not affected by a change of the members of an 4
entity that is the investigator. 5
214 Witnesses at hearings 6
(1) The investigator may require a person, by giving them a 7
written notice, to attend a hearing as a witness in order to-- 8
(a) give evidence; or 9
(b) produce specified documents. 10
(2) The person must-- 11
(a) attend at the time and place specified in the notice; and 12
(b) continue to attend until excused by the investigator; and 13
(c) take an oath or make an affirmation if required by the 14
investigator; and 15
(d) answer a question that the person is required to answer 16
by the investigator, unless the person has a reasonable 17
excuse; and 18
(e) produce a document that the person is required to 19
produce by the investigator, unless the person has a 20
reasonable excuse. 21
Maximum penalty--35 penalty units. 22
(3) A person has a reasonable excuse for failing to answer a 23
question or produce a document if answering the question or 24
producing the document might tend to incriminate the person. 25
(4) A person who attends as a witness is entitled to-- 26
(a) the witness fees that are prescribed under a regulation; 27
or 28
(b) if no witness fees are prescribed, the reasonable witness 29
fees decided by the investigator. 30
Page 183
Local Government Bill 2009
Chapter 7 Other provisions
Part 2 Superannuation
[s 215]
215 Contempt at hearing 1
A person must not-- 2
(a) insult the investigator in a hearing; or 3
(b) deliberately interrupt a hearing; or 4
(c) take part in a disturbance in or near a place where the 5
investigator is conducting a hearing; or 6
(d) do anything that would be a contempt of court if the 7
investigator were a court. 8
Maximum penalty--50 penalty units. 9
Part 2 Superannuation 10
216 What this part is about 11
(1) This part is about superannuation for certain persons who are 12
connected to a local government. 13
(2) In this part, a reference to a local government includes a local 14
government entity. 15
(3) A local government entity is an entity, prescribed under a 16
regulation, that-- 17
(a) under an Act, exercises a power similar to a power that 18
may be exercised by a local government in performing 19
the local government's responsibilities; or 20
(b) under an Act, exclusively performs a responsibility in 21
relation to the system of local government; or 22
(c) exclusively exercises, for a local government, a power 23
that may be exercised by the local government in 24
performing the local government's responsibilities; or 25
(d) helps a local government in the performance of the local 26
government's responsibilities. 27
Page 184
Local Government Bill 2009
Chapter 7 Other provisions
Part 2 Superannuation
[s 217]
217 LG super scheme 1
(1) The Local Government Superannuation Scheme under the 2
1993 Act (the LG super scheme) continues in existence under 3
this Act. 4
(2) The super board must make a trust deed that contains-- 5
(a) the rules that govern the operation of the LG super 6
scheme; and 7
(b) the matters that, under the Commonwealth Super Act, 8
are required to be contained in the governing rules of 9
regulated superannuation funds within the meaning of 10
that Act. 11
218 Members of LG super scheme 12
(1) An employee of a local government (other than a local 13
government entity) is automatically a member of the LG super 14
scheme (an automatic member) while their employment 15
continues. 16
(2) The following persons are eligible to become a member of the 17
LG super scheme (eligible members)-- 18
(a) a councillor of a local government; 19
(b) a contractor of a local government; 20
(c) an employee of a local government entity; 21
(d) a member of the governing body of a local government 22
entity; 23
(e) a person for whom a local government is required under 24
the Superannuation Guarantee (Administration) Act 25
1992 (Cwlth) to contribute to a superannuation scheme; 26
(f) a person for whom the super board is required under the 27
Superannuation Guarantee (Administration) Act 1992 28
(Cwlth) to contribute to a superannuation scheme; 29
(g) a person who is entitled, or conditionally entitled, to 30
payment of an amount from the LG super scheme, in 31
Page 185
Local Government Bill 2009
Chapter 7 Other provisions
Part 2 Superannuation
[s 219]
accordance with an agreement or court order made 1
under the Family Law Act 1975 (Cwlth); 2
(h) another type of person prescribed under a regulation; 3
(i) a person-- 4
(i) who was, but is no longer, a member of the LG 5
super scheme because the person was a type of 6
person mentioned in paragraphs (a) to (f) or (h); 7
and 8
(ii) whose benefit under the LG super scheme has not 9
been fully paid out, withdrawn or transferred from 10
the LG super scheme; 11
(j) a person-- 12
(i) who was, but is no longer an automatic member; 13
and 14
(ii) whose benefit under the LG super scheme has not 15
been fully paid out, withdrawn or transferred from 16
the LG super scheme; 17
(k) the spouse of an automatic member; 18
(l) the spouse of a person mentioned in paragraphs (a) to 19
(h). 20
(3) If a person mentioned in subsection (2)(f) becomes a member 21
of the LG super scheme, this part applies to the super board-- 22
(a) with all necessary changes; and 23
(b) with any changes prescribed under a regulation. 24
219 Compulsory super contributions 25
(1) If the Commonwealth Super Act requires a local government 26
to make superannuation contributions for a permanent 27
employee, the superannuation contributions must be paid into 28
the LG super scheme. 29
(2) An employee of a local government entity is a permanent 30
employee if the local government entity declares the 31
Page 186
Local Government Bill 2009
Chapter 7 Other provisions
Part 2 Superannuation
[s 219]
employee to be a permanent employee by a written notice 1
given to the super board. 2
(3) An employee of a local government (other than a local 3
government entity) is a permanent employee if the employee 4
has been continuously employed by the local government, or 5
by the local government and other local governments 6
consecutively, for-- 7
(a) at least 1 year; or 8
(b) less than 1 year, but the employee has given the local 9
government a membership notice. 10
(4) A membership notice is a written notice given to the local 11
government and board by the employee electing to become a 12
permanent employee for this part. 13
(5) An employee is not continuously employed if the super board 14
is satisfied that-- 15
(a) the employee's employment is broken by at least 60 16
consecutive days when the employee was not employed 17
by a local government, and the employee is not in a 18
position to accept an offer of employment by a local 19
government; or 20
(b) the employee-- 21
(i) is no longer employed by a local government; and 22
(ii) has no intention of taking up employment with a 23
local government. 24
(6) An employee is not a permanent employee if-- 25
(a) the employee is employed by a local government only to 26
carry out work on a particular job or project; and 27
(b) the employee's employment is dependent on the time 28
taken to carry out the job or project. 29
(7) Also, an employee is not a permanent employee if the 30
employee is employed by a local government under a 31
federally funded community development project for 32
Aborigines or Torres Strait Islanders. 33
Page 187
Local Government Bill 2009
Chapter 7 Other provisions
Part 2 Superannuation
[s 220]
220 Amount of compulsory contributions 1
(1) The yearly contributions that must be paid into the LG super 2
scheme must equal-- 3
(a) if the employee is a special permanent employee--16% 4
of the employee's salary under the trust deed; or 5
(b) if the employee is a standard permanent 6
employee--18% of the employee's salary under the 7
trust deed. 8
(2) A special permanent employee is a permanent employee 9
who, immediately before 1 July 1995, was required to make 10
superannuation contributions under the repealed Local 11
Government Superannuation Act 1985 at the rate of 5% of the 12
employee's salary under the trust deed. 13
(3) A standard permanent employee is a permanent employee 14
who-- 15
(a) immediately before 1 July 1995, was required to make 16
superannuation contributions under the repealed Local 17
Government Superannuation Act 1985 at the rate of 6% 18
of the employee's salary under the trust deed; or 19
(b) immediately before the repeal of the 1993 Act, was a 20
permanent employee of a community government under 21
the repealed Local Government (Community 22
Government Areas) Act 2004; or 23
(c) started employment on or after 1 July 1995. 24
(4) The local government need not pay an amount as a 25
contribution to the extent that the amount can not, under the 26
Commonwealth Super Act, be accepted by a regulated 27
superannuation fund under that Act. 28
Note-- 29
See the Superannuation Industry (Supervision) Regulations 1994 30
(Cwlth), regulation 7.04. 31
(5) The contributions under subsection (1) are taken to include 32
any contributions that are required to be paid under an 33
industrial instrument. 34
Page 188
Local Government Bill 2009
Chapter 7 Other provisions
Part 2 Superannuation
[s 221]
(6) The local government must pay the yearly contributions 1
within the time stated in the trust deed. 2
(7) The permanent employee must pay to the local government 3
yearly contributions calculated at the following rate-- 4
(a) if the employee is a special permanent employee--5% 5
of the employee's salary under the trust deed; 6
(b) if the employee is a standard permanent employee--6% 7
of the employee's salary under the trust deed. 8
(8) However, subsection (7) does not apply if, under the 9
employee's remuneration agreement with the local 10
government, a contribution equivalent to the contribution 11
mentioned in subsection (7) is made by the local government 12
in addition to any contribution that the local government is 13
required to make under this Act. 14
(9) The local government may (despite the provisions of any 15
other Act) deduct all or part of an employee's contributions 16
from-- 17
(a) the employee's salary; or 18
(b) any money that the employee owes to the local 19
government. 20
221 Extra super contributions 21
(1) Subject to section 226, a member, or a local government for a 22
member, may make extra contributions to the LG super 23
scheme to obtain extra benefits under the trust deed. 24
(2) However, the member or local government can not make an 25
extra contribution to the extent that the extra contribution can 26
not, under the Commonwealth Super Act, be accepted by a 27
regulated superannuation fund under that Act. 28
222 Adjusting super contributions when salary changed 29
(1) The super board, by written notice, may require a local 30
government to give the super board details of the salary of 31
Page 189
Local Government Bill 2009
Chapter 7 Other provisions
Part 2 Superannuation
[s 223]
each of the local government's permanent employees as at a 1
stated day during the year after any change to the salary of any 2
of the employees. 3
(2) The local government must comply with the notice. 4
(3) If-- 5
(a) a permanent employee's salary has decreased; and 6
(b) the employee gives the local government written notice 7
that the employee wants to pay contributions as if the 8
employee's salary had not decreased; 9
the local government must calculate the yearly contributions 10
payable for the employee based on the employee's salary 11
before it was decreased. 12
(4) The employee must give the notice within the time stated in 13
the trust deed. 14
223 Super contributions for non-contributory members 15
(1) This section applies if-- 16
(a) a local government is required, under an industrial 17
instrument, to pay superannuation contributions for a 18
non-contributory member; or 19
(b) a local government (other than a local government 20
entity) is required, under an Act of the State or 21
Commonwealth, to pay superannuation contributions 22
for a non-contributory member. 23
(2) A non-contributory member is a member of the LG super 24
scheme who is not required to make contributions for 25
membership. 26
(3) The local government must pay the contributions to the LG 27
super scheme. 28
Page 190
Local Government Bill 2009
Chapter 7 Other provisions
Part 2 Superannuation
[s 224]
224 Interest is payable on unpaid super contributions 1
(1) This section applies if a local government does not pay a 2
contribution that is payable to the LG super scheme within the 3
time stated in the trust deed. 4
(2) The local government must pay interest on the amount of the 5
contribution to the LG super scheme. 6
(3) However, the super board may waive the payment of interest. 7
(4) Any interest that is payable-- 8
(a) is to be paid at the rate prescribed under a regulation; 9
and 10
(b) is to be calculated on a daily basis. 11
225 Local governments must not establish employee 12
superannuation schemes 13
A local government (other than a local government entity) 14
must not establish a superannuation scheme for its employees. 15
226 Super scheme for councillors 16
(1) A local government may-- 17
(a) establish and amend a superannuation scheme for its 18
councillors; or 19
(b) take part in a superannuation scheme for its councillors. 20
(2) If it does so, the local government may pay an amount from 21
its operating fund to the superannuation scheme as a 22
contribution for its councillors. 23
(3) However, the local government must not make contributions 24
to the superannuation scheme-- 25
(a) of more than the proportion of a salary that is payable by 26
the local government for its standard permanent 27
employees under the LG super scheme; or 28
(b) for a person who is no longer a councillor. 29
Page 191
Local Government Bill 2009
Chapter 7 Other provisions
Part 3 Allocating Commonwealth funding to local governments
[s 227]
(4) A councillor of the local government may enter into an 1
arrangement with the local government under which-- 2
(a) the councillor agrees to forgo a percentage or amount of 3
the remuneration that the councillor is entitled to as a 4
councillor; and 5
(b) the local government agrees to contribute the percentage 6
or amount to the superannuation scheme for the 7
councillor. 8
(5) A superannuation scheme is a superannuation scheme that 9
complies with the Commonwealth Super Act. 10
227 Super schemes to be audited by auditor-general 11
(1) This section applies if the super board acts as the trustee of a 12
superannuation scheme. 13
(2) The audit of the superannuation scheme that is required under 14
the Commonwealth Super Act must be carried out by the 15
auditor-general. 16
Part 3 Allocating Commonwealth 17
funding to local governments 18
Division 1 Allocating Commonwealth funding 19
228 Allocating Commonwealth funding 20
(1) The grants commission is a body that is created under this 21
Act to perform the responsibilities of a Local Government 22
Grants Commission under the Local Government (Financial 23
Assistance) Act. 24
(2) The grants commission and the Minister must comply with 25
the Local Government (Financial Assistance) Act. 26
Page 192
Local Government Bill 2009
Chapter 7 Other provisions
Part 3 Allocating Commonwealth funding to local governments
[s 229]
(3) The public hearings that the grants commission is required to 1
hold under the Local Government (Financial Assistance) Act 2
must be held in the way set out in part 1. 3
(4) If-- 4
(a) the grants commission requires a local governing body 5
to provide information to help the grants commission 6
make a decision about funding under the Local 7
Government (Financial Assistance) Act; and 8
(b) the local governing body does not make a submission by 9
the date reasonably specified by the grants commission; 10
the grants commission can recommend that no funding be 11
allocated to the local governing body. 12
(5) A local governing body is a local governing body within the 13
meaning of the Local Government (Financial Assistance) Act. 14
(6) The Minister must not distribute to a local government an 15
amount equal to notional GST if the local government has not 16
paid the notional GST. 17
(7) Notional GST is an amount that a local government may pay 18
under the GST and Related Matters Act 2000, section 5. 19
(8) The Minister must table the following in the Legislative 20
Assembly-- 21
(a) the grants commission's recommendations about the 22
allocation of funding; 23
(b) a breakdown of how the funding was allocated between 24
local governments. 25
229 Decisions under this division are not subject to appeal 26
A decision of the grants commission or the Minister under this 27
division is not subject to appeal. 28
Note-- 29
See section 244 (Decisions not subject to appeal) for more information. 30
Page 193
Local Government Bill 2009
Chapter 7 Other provisions
Part 3 Allocating Commonwealth funding to local governments
[s 230]
Division 2 The grants commission 1
230 Grants commission is established 2
(1) The Local Government Grants Commission (the grants 3
commission) is established. 4
(2) The grants commission is made up of the following 5
members-- 6
(a) a chairperson; 7
(b) a deputy chairperson; 8
(c) 4 other members. 9
231 Members of grants commission 10
(1) The Governor in Council must appoint the members of the 11
grants commission. 12
(2) The Governor in Council must ensure-- 13
(a) the person who is appointed as the deputy chairperson is 14
an officer of the department; and 15
(b) the other members have extensive knowledge of, and 16
experience in, local government. 17
(3) A member may be appointed for a term of not longer than 3 18
years. 19
(4) A member holds office on the conditions (including about 20
fees and allowances, for example) that the Governor in 21
Council decides. 22
(5) The Governor in Council may pay members different rates. 23
(6) A person may be a member of the grants commission at the 24
same time as the person holds an office under another Act, 25
even though the other Act-- 26
(a) requires the holder of an office to devote all of the 27
person's time to the duties of the office; or 28
Page 194
Local Government Bill 2009
Chapter 7 Other provisions
Part 3 Allocating Commonwealth funding to local governments
[s 232]
(b) prohibits the holder of an office from engaging in 1
employment outside the duties of the office. 2
(7) A person stops being a member of the grants commission if-- 3
(a) the member resigns by signed notice of resignation 4
given to the Governor in Council; or 5
(b) the member is convicted of an indictable offence; or 6
(c) if the member is the deputy chairperson--the member 7
stops being an officer of the department; or 8
(d) the Governor in Council cancels the member's 9
appointment. 10
(8) The Governor in Council may cancel a member's 11
appointment if the member-- 12
(a) becomes incapable of performing duties because of 13
physical or mental incapacity; or 14
(b) engages in misbehaviour; or 15
(c) is incompetent; or 16
(d) uses the office for party political purposes; or 17
(e) does anything else that the Governor in Council 18
considers is a reasonable and sufficient justification for 19
removal from office. 20
(9) The Governor in Council may appoint a person to act for a 21
member of the grants commission if the member is-- 22
(a) absent; or 23
(b) unable to carry out the member's responsibilities 24
(including because of illness, for example). 25
232 Conflict of interests 26
(1) This section applies if-- 27
(a) a member of the grants commission has a direct or 28
indirect financial interest in a matter being considered, 29
Page 195
Local Government Bill 2009
Chapter 7 Other provisions
Part 4 Legal provisions
[s 233]
or about to be considered, by the grants commission; 1
and 2
(b) the interest could conflict with the proper performance 3
of the member's responsibilities for the matter. 4
(2) The person must not take part, or take further part, in any 5
consideration of the matter. 6
Maximum penalty--35 penalty units. 7
(3) As soon as practicable after the member becomes aware that 8
this section applies to the member, the member must inform 9
the department's chief executive. 10
Maximum penalty--35 penalty units. 11
233 Staff assistance to the grants commission 12
The department's chief executive must make available to the 13
grants commission the staff assistance that the grants 14
commission needs to effectively perform its responsibilities. 15
Part 4 Legal provisions 16
234 False or misleading information 17
(1) A person commits an offence if the person gives information 18
for this Act (either orally or in a document), that the person 19
knows is false or misleading in a material particular, to any of 20
the following persons-- 21
(a) the Minister; 22
(b) the department's chief executive; 23
(c) the chief executive officer; 24
(d) an authorised person; 25
(e) the change commission; 26
Page 196
Local Government Bill 2009
Chapter 7 Other provisions
Part 4 Legal provisions
[s 235]
(f) a regional conduct review panel; 1
(g) the tribunal; 2
(h) the grants commission. 3
Maximum penalty--100 penalty units. 4
(2) However, the person does not commit an offence in relation to 5
information in a document if, when the person gives the 6
document to the other person-- 7
(a) the person tells the other person that the document is 8
false or misleading, and in what respect the document is 9
false or misleading; and 10
(b) if the person has, or can reasonably obtain, the correct 11
information--the person gives the other person the 12
correct information. 13
235 Administrators who act honestly and without negligence 14
are protected from liability 15
(1) A constituter of a local government is not civilly liable for an 16
act done, or omission made, honestly and without negligence 17
by the local government or the constituter, as a constituter of 18
the local government-- 19
(a) in the administration of this Act; or 20
(b) in the exercise, or intended exercise, of any of the local 21
government's powers under this Act. 22
(2) A constituter of a local government is-- 23
(a) the head of the local government, when constituting the 24
local government; or 25
(b) a councillor, when constituting the local government. 26
(3) A State administrator or local government administrator is not 27
civilly liable for an act done under this Act, or omission made 28
under this Act, honestly and without negligence. 29
(4) A State administrator is-- 30
Page 197
Local Government Bill 2009
Chapter 7 Other provisions
Part 4 Legal provisions
[s 236]
(a) the Minister; or 1
(b) the department's chief executive; or 2
(c) an authorised person; or 3
(d) a member of the change commission; or 4
(e) a member of the grants commission; or 5
(f) a member of a regional conduct review panel; or 6
(g) a member of the tribunal; or 7
(h) a person acting under the direction of a person 8
mentioned in paragraph (a), (b) or (c); or 9
(i) an advisor or financial controller. 10
(5) An local government administrator is-- 11
(a) a councillor, when acting other than in the capacity of a 12
constituter of a local government; or 13
(b) the chief executive officer, when acting other than in the 14
capacity of a constituter of a local government; or 15
(c) another local government employee. 16
(6) If subsection (3) prevents civil liability attaching to a State 17
administrator, liability attaches instead to the State. 18
(7) If subsection (3) prevents civil liability attaching to a local 19
government administrator, liability attaches instead to the 20
local government. 21
(8) The protection given under this section is in addition to any 22
other protection given under another law or Act (including the 23
Whistleblowers Protection Act 1994, for example). 24
236 Who is authorised to sign local government documents 25
(1) The following persons may sign a document on behalf of a 26
local government-- 27
(a) the head of the local government; 28
(b) a delegate of the local government; 29
Page 198
Local Government Bill 2009
Chapter 7 Other provisions
Part 4 Legal provisions
[s 237]
(c) an authorised officer of the local government. 1
Note-- 2
See section 257 for the local government's power to delegate. 3
(2) An authorised officer is a councillor or local government 4
employee who is authorised by the head of the local 5
government, in writing, to sign documents. 6
237 Name in proceedings by or against a local government 7
(1) Any proceedings by a local government must be started in the 8
name of the local government. 9
(2) Any proceedings against a local government must be started 10
against the local government in its name. 11
238 Service of documents on local governments 12
A document is properly served on a local government if it is 13
given to the chief executive officer in a way that is authorised 14
by law. 15
239 Substituted service 16
(1) If an owner of rateable land is known to be absent from the 17
State, a local government may serve a document on the owner 18
by serving the document on the owner's agent in the State. 19
(2) If-- 20
(a) a local government must serve a document on a person 21
who owns or occupies a property; but 22
(b) the local government does not know, or is uncertain 23
about, the person's current address; 24
the local government may serve the document by publishing a 25
notice that contains a copy of the document in a newspaper 26
that is circulating generally throughout the State, in the 27
gazette and on the local government's website. 28
(3) The notice must be addressed to-- 29
Page 199
Local Government Bill 2009
Chapter 7 Other provisions
Part 4 Legal provisions
[s 240]
(a) if the local government knows the person's name--the 1
person by name; or 2
(b) if the local government does not know the person's 3
name--the `owner' or `occupier' at the property's 4
address. 5
(4) A provision of a Local Government Act, that requires a 6
document to contain a statement of a relevant provision of 7
law, is taken to be complied with if the document states that 8
particulars of the relevant provision may be obtained, free of 9
charge, on application to the local government. 10
240 Acting for a local government in legal proceedings 11
(1) In any proceedings, the chief executive officer, or another 12
employee authorised in writing by the local government-- 13
(a) may give instructions and act as the authorised agent for 14
the local government; and 15
(b) may sign all documents for the local government. 16
(2) A local government must pay the costs incurred by the chief 17
executive officer or other employee in any proceedings. 18
(3) If the Attorney-General could take proceedings on behalf of a 19
local government to ensure compliance with a Local 20
Government Act, the local government may take the 21
proceeding in its own name. 22
241 Attempt to commit offence 23
A person who attempts to commit an offence against this Act 24
commits an offence and, on conviction, is liable to the same 25
penalties as if the person had committed the offence. 26
242 Types of offences under this Act 27
(1) An offence against this Act that has a penalty of more than 2 28
years imprisonment, is an indictable offence that is a 29
misdemeanour. 30
Page 200
Local Government Bill 2009
Chapter 7 Other provisions
Part 4 Legal provisions
[s 242]
(2) Any other offence against this Act is a summary offence. 1
(3) A proceeding for an indictable offence may be taken, at the 2
prosecution's election-- 3
(a) by way of summary proceedings under the Justices Act 4
1886; or 5
(b) on indictment. 6
(4) A magistrate must not hear an indictable offence summarily 7
if-- 8
(a) at the start of the hearing, the defendant asks that the 9
charge be prosecuted on indictment; or 10
(b) the magistrate considers that the charge should be 11
prosecuted on indictment. 12
(5) If subsection (4) applies-- 13
(a) the magistrate must proceed by way of an examination 14
of witnesses for an indictable offence; and 15
(b) a plea of the person charged at the start of the 16
proceeding must be disregarded; and 17
(c) evidence brought in the proceeding before the 18
magistrate decided to act under subsection (4) is taken to 19
be evidence in the proceeding for the committal of the 20
person for trial or sentence; and 21
(d) before committing the person for trial or sentence, the 22
magistrate must make a statement to the person as 23
required by the Justices Act 1886, section 104(2)(b). 24
(6) The maximum penalty that may be summarily imposed for an 25
indictable offence is 100 penalty units or 1 year's 26
imprisonment. 27
(7) A proceeding must be before a magistrate if it is a 28
proceeding-- 29
(a) for the summary conviction of a person on a charge for 30
an indictable offence; or 31
Page 201
Local Government Bill 2009
Chapter 7 Other provisions
Part 4 Legal provisions
[s 243]
(b) for an examination of witnesses for a charge for an 1
indictable offence. 2
(8) However, if a proceeding for an indictable offence is brought 3
before a justice who is not a magistrate, jurisdiction is limited 4
to taking or making a procedural action or order within the 5
meaning of the Justices of the Peace and Commissioners for 6
Declarations Act 1991. 7
243 Time to start proceedings in a summary way 8
Proceedings for an offence against this Act that are to be 9
heard in a summary way under the Justices Act 1886 must be 10
started-- 11
(a) within 1 year after the offence was committed; or 12
(b) within 6 months after the offence comes to the 13
complainant's knowledge, but within 2 years after the 14
offence was committed. 15
244 Decisions not subject to appeal 16
(1) If a provision of this Act declares a decision to be not subject 17
to appeal, that means the decision-- 18
(a) can not be appealed against, challenged, reviewed, 19
quashed, set aside, or called into question in any way 20
(including under the Judicial Review Act, for example); 21
and 22
(b) is not subject to any writ or order of a court on any 23
ground. 24
Examples-- 25
1 A person may not bring any proceedings for an injunction to stop 26
conduct that is authorised by the decision. 27
2 A person may not bring any proceedings for a declaration about the 28
validity of conduct that is authorised by the decision. 29
(2) A decision includes-- 30
(a) conduct related to making the decision; and 31
Page 202
Local Government Bill 2009
Chapter 7 Other provisions
Part 4 Legal provisions
[s 245]
(b) a failure to make a decision. 1
(3) A court includes a tribunal or another similar entity. 2
245 Judges and other office holders not disqualified from 3
adjudicating 4
A judge, magistrate, justice or presiding member of a tribunal 5
is not disqualified from adjudicating in any proceedings to 6
which a local government is a party only because the person 7
is, or is liable to be, a ratepayer of the local government. 8
246 Where fines are to be paid to 9
(1) This section applies if, in proceedings brought by a local 10
government for an offence against a Local Government Act, 11
the court imposes a fine. 12
(2) The fine must be paid to the local government's operating 13
fund, unless the court ordered the fine to be paid to a person. 14
247 Local government references in this Act 15
(1) In a provision of this Act about a local government-- 16
(a) a reference to the mayor or another councillor is a 17
reference to the mayor or another councillor of the local 18
government; and 19
(b) a reference to the chief executive officer or another 20
employee is a reference to the chief executive officer or 21
another employee of the local government; and 22
(c) a reference to an authorised person is a reference to an 23
authorised person appointed by the local government; 24
and 25
(d) a reference to a local government area is a reference to 26
the local government area of the local government. 27
(2) In a provision of this Act, a reference to a local government is 28
a reference to the local government that-- 29
Page 203
Local Government Bill 2009
Chapter 7 Other provisions
Part 4 Legal provisions
[s 248]
(a) in a provision about the mayor or another 1
councillor--the mayor or other councillor was elected 2
or appointed to; and 3
(b) in a provision about the chief executive officer or 4
another employee--employs the chief executive officer 5
or another employee; and 6
(c) in a provision about an authorised person--appointed 7
the authorised person; and 8
(d) in a provision about a local government area--has 9
jurisdiction over the local government area. 10
248 Evidence of local laws 11
(1) In any proceedings, a certified copy of a local law or 12
consolidated version of a local law is evidence of the content 13
of the local law or consolidated version of the local law. 14
(2) A certified copy of a local law or consolidated version of a 15
local law is a copy that has been certified by the chief 16
executive officer to be the local law or consolidated version as 17
made by the local government. 18
(3) In any proceedings, a copy of the gazette that contains a 19
notice of making a local law is-- 20
(a) evidence of the content of the notice; and 21
(b) evidence that the local law has been properly made. 22
(4) In any proceedings, the competence of a local government to 23
make a particular local law is presumed unless the matter is 24
raised. 25
249 Evidence of proceedings of local government 26
(1) This section applies to a document that-- 27
(a) purports to be a copy of an entry in a record of the 28
proceedings of-- 29
(i) the local government; or 30
Page 204
Local Government Bill 2009
Chapter 7 Other provisions
Part 4 Legal provisions
[s 250]
(ii) a committee of a local government; and 1
(b) purports to have been signed at the time when the entry 2
was made by-- 3
(i) the mayor; or 4
(ii) the chairperson of the committee; and 5
(c) is certified by the chief executive officer to be a true 6
copy of the document. 7
(2) The document is evidence-- 8
(a) of the proceedings; and 9
(b) that the proceedings were properly held. 10
250 Evidentiary value of copies 11
(1) This section applies to a copy of a document that-- 12
(a) purports to be made under the authority of a local 13
government or its mayor; and 14
(b) purports to be verified by the mayor or an employee 15
who is authorised by the local government. 16
(2) The copy of the document is evidence in any proceedings as if 17
the copy were the original of the document. 18
251 Evidentiary value of certificates 19
(1) This section applies to a certificate that-- 20
(a) purports to be about the state of, or a fact in, a record of 21
the local government; and 22
(b) purports to be signed by the chief executive officer. 23
(2) The certificate is evidence of the matters contained in the 24
certificate. 25
Page 205
Local Government Bill 2009
Chapter 7 Other provisions
Part 4 Legal provisions
[s 252]
252 Evidence of directions given to local government 1
(1) This section applies to a document that-- 2
(a) purports to be a direction that the Minister, or the 3
department's chief executive, gave to a local 4
government under this Act; and 5
(b) purports to be certified by or for the Minister, or the 6
department's chief executive, to be a true copy of the 7
direction. 8
(2) The document is evidence of-- 9
(a) the giving of the direction; and 10
(b) the matters contained in the direction. 11
253 Evidence of complainant's knowledge of matter 12
In a complaint starting proceedings, a statement that the 13
matter of the complaint came to the complainant's knowledge 14
on a stated day is evidence of the matter. 15
254 Constitution and limits of local government need not be 16
proved 17
It is not necessary for the plaintiff in any proceedings started 18
by, for or against a local government to prove-- 19
(a) the local government's constitution; or 20
(b) the boundaries of the local government area; or 21
(c) the boundaries of a division of the local government 22
area. 23
Page 206
Local Government Bill 2009
Chapter 7 Other provisions
Part 5 Delegation of powers
[s 255]
Part 5 Delegation of powers 1
255 Delegation of Minister's powers 2
(1) The Minister may delegate the Minister's powers under this 3
Act, or another Local Government Act, to an appropriately 4
qualified person. 5
(2) However, the Minister must not delegate a power under 6
section 121, 122 or 123. 7
256 Delegation of department's chief executive's powers 8
The department's chief executive may delegate the chief 9
executive's powers under this Act, or another Local 10
Government Act, to an appropriately qualified person. 11
257 Delegation of local government powers 12
(1) A local government may, by resolution, delegate a power 13
under this Act or another Act to-- 14
(a) the mayor; or 15
(b) the chief executive officer; or 16
(c) a standing committee, or joint standing committee, of 17
the local government; or 18
(d) the chairperson of a standing committee, or joint 19
standing committee, of the local government; or 20
(e) another local government, for the purposes of a joint 21
government activity. 22
(2) However, a local government must not delegate a power that 23
an Act states must be exercised by resolution. 24
258 Delegation of mayor's powers 25
(1) A mayor may delegate the mayor's powers to another 26
councillor of the local government. 27
Page 207
Local Government Bill 2009
Chapter 7 Other provisions
Part 5 Delegation of powers
[s 259]
(2) However, the mayor must not delegate the power to give 1
directions to the chief executive officer. 2
259 Delegation of chief executive officer powers 3
(1) A chief executive officer may delegate the chief executive 4
officer's powers to an appropriately qualified employee or 5
contractor of the local government. 6
(2) However, the chief executive officer must not delegate the 7
following powers-- 8
(a) a power delegated by the local government, if the local 9
government has directed the chief executive officer not 10
to further delegate the power; 11
(b) a power to keep a register of interests; 12
(c) the power to sign a drafting certificate for a local law. 13
260 Local government delegations register 14
(1) The chief executive officer must establish a register of 15
delegations that contains the particulars prescribed under a 16
regulation. 17
(2) The chief executive officer must record the following 18
delegations in the register of delegations-- 19
(a) all delegations by the local government; 20
(b) all delegations by the chief executive officer. 21
(3) The public may inspect the register of delegations. 22
Page 208
Local Government Bill 2009
Chapter 7 Other provisions
Part 6 Other provisions
[s 261]
Part 6 Other provisions 1
261 Public office of a local government 2
(1) A local government must keep premises for use as a public 3
office. 4
(2) The public office must be in, or as near as practicable to, the 5
local government area. 6
262 Powers in support of responsibilities 7
(1) This section applies if a local government or another entity is 8
required or empowered to perform a responsibility under a 9
Local Government Act. 10
(2) The local government or entity has the power to do anything 11
that is necessary or convenient for performing the 12
responsibilities. 13
(3) The powers include all the powers that an individual may 14
exercise, including for example-- 15
(a) power to enter into contracts; and 16
(b) power to acquire, hold, deal with and dispose of 17
property; and 18
(c) power to charge for a service or facility, other than a 19
service or facility for which a cost-recovery fee may be 20
fixed. 21
263 Validity of local government proceedings 22
The proceedings of a local government or any of its 23
committees, or the actions of a person acting as a councillor or 24
member of a committee, are not invalid merely because of-- 25
(a) vacancies in the membership of the local government or 26
committee; or 27
Page 209
Local Government Bill 2009
Chapter 7 Other provisions
Part 6 Other provisions
[s 264]
(b) a defect or irregularity in the election or appointment of 1
any councillor or committee member; or 2
(c) the disqualification of a councillor or committee 3
member from acting as a councillor or committee 4
member. 5
264 Special entertainment precincts 6
(1) This section is about establishing a special entertainment 7
precinct. 8
(2) A special entertainment precinct is an area in which-- 9
(a) amplified music that is played at premises in the area is 10
regulated by a local law, and not by the Liquor Act 1992; 11
and 12
(b) the requirements about noise attenuation under the 13
Planning Act apply to certain types of development in 14
the area. 15
(3) If a local government wants to establish a special 16
entertainment precinct in its local government area, the local 17
government must-- 18
(a) amend the local government's planning scheme to 19
identify the special entertainment precinct; and 20
(b) make a local law to regulate noise from amplified music 21
from premises in the special entertainment precinct, in 22
accordance with a permit that is issued for the premises. 23
(4) However, a local law under this section does not apply to-- 24
(a) a major sports facility under the Major Sports Facilities 25
Act 2001; or 26
(b) an activity that-- 27
(i) is for a motor racing event under the Motor Racing 28
Events Act 1990; and 29
(ii) is being carried on by, or with the permission of, 30
the promoter of the motor racing event. 31
Page 210
Local Government Bill 2009
Chapter 7 Other provisions
Part 6 Other provisions
[s 265]
265 Materials in infrastructure are local government property 1
(1) The materials in the following things are the property of a 2
local government-- 3
(a) a road that is constructed by the local government; 4
(b) any works relating to a road (including gutters, 5
stormwater drains, kerbing and channelling, for 6
example) that are constructed by the local government; 7
(c) a floating pontoon, jetty, or wharf that is-- 8
(i) constructed by the local government; or 9
(ii) under the control of the local government. 10
(2) This section does not apply to the materials in-- 11
(a) an open drain, other than any lining of the drain; or 12
(b) the outcome of action taken in accordance with a 13
remedial notice under section 140. 14
266 Approved forms 15
The department's chief executive may approve forms for use 16
under this Act. 17
267 Review of this Act 18
The Minister must, within 4 years after the commencement of 19
this Act, carry out a review of the operation and effectiveness 20
of this Act. 21
268 Process for administrative action complaints 22
(1) A local government must adopt a process for resolving 23
administrative action complaints. 24
(2) An administrative action complaint is a complaint that-- 25
(a) is about an administrative action of a local government, 26
including the following, for example-- 27
Page 211
Local Government Bill 2009
Chapter 7 Other provisions
Part 6 Other provisions
[s 269]
(i) a decision, or a failure to make a decision, 1
including a failure to provide a written statement of 2
reasons for a decision; 3
(ii) an act, or a failure to do an act; 4
(iii) the formulation of a proposal or intention; 5
(iv) the making of a recommendation; and 6
(b) is made by an affected person. 7
(3) An affected person is a person who is apparently directly 8
affected by an administrative action of a local government. 9
(4) A regulation may provide for the process for resolving 10
complaints about administrative actions of the local 11
government by affected persons. 12
269 Information for the Minister 13
(1) The Minister may, by written notice, require a local 14
government to give the Minister information about-- 15
(a) the local government area; or 16
(b) the local government. 17
(2) The local government must comply with the notice. 18
270 Regulation-making power 19
(1) The Governor in Council may make regulations under this 20
Act. 21
(2) For example, a regulation may be made about-- 22
(a) the processes of the tribunal in deciding the 23
remuneration that is payable to councillors (including 24
the remuneration schedule, for example); or 25
(b) corporate entities; or 26
(c) appeals against decisions made under this Act; or 27
Page 212
Local Government Bill 2009
Chapter 8 Transitionals, savings and repeals
[s 271]
(d) a register of interests of councillors or other persons 1
who are given responsibilities to perform under this Act; 2
or 3
(e) the recording of conflicts of interest arising from the 4
performance of a responsibility under this Act; or 5
(f) the regulation and management of local government 6
assets and infrastructure; or 7
(g) a levy on the railway between Cairns and Kuranda; or 8
(h) drafting standards for local laws. 9
Chapter 8 Transitionals, savings and 10
repeals 11
271 What this chapter is about 12
(1) This chapter is about the transition from the repealed LG Acts 13
to this Act (including the transition of rights, liabilities and 14
interests, for example). 15
(2) The repealed LG Acts are-- 16
· the Local Government Act 1993 17
· the Local Government (Community Government Areas) 18
Act 2004. 19
272 Local governments, including joint local governments 20
(1) A local government under the repealed LG Acts continues in 21
existence as a local government under this Act. 22
(2) The following joint local governments continue in existence 23
under this Act-- 24
(a) the Esk-Gatton-Laidley Water Board; 25
(b) the Nogoa River Flood Plain Board. 26
Page 213
Local Government Bill 2009
Chapter 8 Transitionals, savings and repeals
[s 273]
(3) The joint local governments have-- 1
(a) the same responsibilities that the joint local 2
governments had immediately before the 3
commencement of this section; and 4
(b) all powers of a local government under this Act, other 5
than the power to levy rates on land. 6
(4) If the context permits-- 7
(a) a reference in an Act or document to a local government 8
includes a reference to the joint local governments; and 9
(b) a reference in an Act or document to a local government 10
area includes a reference to the joint local government 11
areas; and 12
(c) a reference in an Act or document to a councillor of a 13
local government includes a reference to a member of 14
the joint local governments. 15
(5) A reference in an Act or document to a joint local government 16
may, if the context permits, be taken to be a reference to a 17
local government. 18
273 Community governments 19
(1) A community government under the repealed Local 20
Government (Community Government Areas) Act 2004 21
continues in existence as a local government under this Act. 22
(2) Anything done by a community government has effect, on the 23
commencement of this section, as if it had been done by a 24
local government. 25
(3) A reference in an Act or document to a community 26
government may, if the context permits, be taken to be a 27
reference to a local government. 28
Page 214
Local Government Bill 2009
Chapter 8 Transitionals, savings and repeals
[s 274]
274 Local service committees 1
(1) The local service committee of the Yarrabah Shire Council 2
continues in existence as if the Local Government 3
(Community Government Areas) Act 2004 was not repealed. 4
(2) On the commencement of this section-- 5
(a) all other local service committees are dissolved; and 6
(b) the members of all other local service committees go out 7
of office. 8
(3) No compensation is payable to a member because of 9
subsection (2). 10
275 Local government owned corporation 11
The local government owned corporation known as the Wide 12
Bay Water Corporation continues in existence as a corporate 13
entity under this Act. 14
276 Local laws 15
(1) A local law under a repealed LG Act, that was in force 16
immediately before the commencement of this section, 17
continues in force as a local law made under this Act. 18
(2) A local law includes an interim local law, model local law, 19
and subordinate local law. 20
277 Decisions 21
(1) A decision under a repealed LG Act, that was in force 22
immediately before the commencement of this section, 23
continues in force as if the decision were made under this Act. 24
(2) A decision includes an agreement, appointment, approval, 25
authorisation, certificate, charge, consent, declaration, 26
delegation, direction, dismissal, exemption, immunity, 27
instruction, licence, memorandum of understanding, order, 28
permit, plan, policy, protocol, rates, release, resolution, 29
restriction, settlement, suspension and warrant, for example. 30
Page 215
Local Government Bill 2009
Chapter 8 Transitionals, savings and repeals
[s 278]
278 Proceedings and evidence 1
(1) If, immediately before the commencement of this section, 2
proceedings for an appeal, a complaint or an offence could 3
legally have been started under a repealed LG Act, the 4
proceedings may be started under this Act. 5
(2) Proceedings for an appeal, a complaint or an offence under a 6
repealed LG Act may be continued under the repealed LG 7
Act, as if this Act had not commenced. 8
(3) Any document that was given evidentiary effect under a 9
repealed LG Act continues to have the evidentiary effect as if 10
the LG Act had not been repealed. 11
279 Super trust deed 12
A trust deed made by the board of directors of the super 13
board, that was in force immediately before the 14
commencement of this section, continues in force as a trust 15
deed made by the board of directors of the super board under 16
this Act. 17
280 Registers 18
(1) A register under a repealed LG Act continues as if it were 19
made under this Act. 20
(2) A register includes-- 21
(a) a register of delegations; and 22
(b) a register relating to enterprises; and 23
(c) a register of interests; and 24
(d) a register of regulatory fees; and 25
(e) a register of assets and gifts. 26
281 Remuneration schedule 27
The remuneration schedule for councillors, that was in force 28
immediately before the commencement of this section, 29
Page 216
Local Government Bill 2009
Chapter 8 Transitionals, savings and repeals
[s 282]
continues in force as the remuneration schedule for 1
councillors under this Act. 2
282 References to repealed LG Act 3
A reference in an Act or document to a repealed LG Act may, 4
if the context permits, be taken to be a reference to this Act. 5
283 Continuation of instruments to implement reform 6
(1) The following instruments are continued in force as if chapter 7
3, part 1B of the 1993 Act had not been repealed-- 8
(a) the Local Government Reform Implementation 9
(Transferring Areas) Regulation 2007; 10
(b) the Local Government Reform Implementation 11
Regulation 2008; 12
(c) the Local Government (Workforce Transition Code of 13
Practice) Notice 2007. 14
(2) The instruments expire-- 15
(a) at the end of 31 December 2011; or 16
(b) at an earlier time fixed under a regulation. 17
284 Transitional regulation-making power 18
(1) A transitional regulation may provide about a matter that-- 19
(a) it is necessary to provide for, to allow or facilitate the 20
doing of anything to achieve the transition from a 21
repealed LG Act to this Act; and 22
(b) this Act does not provide for or sufficiently provide for. 23
(2) A transitional regulation may have retrospective operation to a 24
day that is not earlier than the day on which this section 25
commences. 26
(3) A transitional regulation must declare it is a transitional 27
regulation. 28
Page 217
Local Government Bill 2009
Chapter 8 Transitionals, savings and repeals
[s 285]
(4) This section and any transitional regulation expire 1 year after 1
the day on which this section commences. 2
285 Administration of sinking fund for liquidation of current 3
borrowings 4
(1) The corporation continued in existence by the 1993 Act, 5
under the name `Trustees of the Local Governments Debt 6
Redemption Fund' (the Trustees) is continued in existence. 7
(2) The Trustees are responsible for administering the sinking 8
funds for the liquidation of amounts borrowed by local 9
governments before this section commences. 10
(3) The 1936 Act, section 28(15) continues to apply to the 11
Trustees with any necessary changes, and any changes 12
prescribed under a regulation. 13
(4) The Trustees are a statutory body for the Statutory Bodies 14
Financial Arrangements Act. 15
(5) Part 2B of that Act sets out the way in which that Act affects 16
the Trustees' powers. 17
286 Local Government Association 18
(1) The Local Government Association of Queensland 19
(Incorporated) (LGAQ Inc.) is continued in existence, and 20
chapter 18, part 1 of the 1993 Act continues in force, despite 21
its repeal, so far as it applies to the Local Government 22
Association, until the end of 30 June 2010. 23
(2) On and from 1 July 2010-- 24
(a) LGAQ Inc. stops being a public authority (however 25
called) for the purposes of an Act (including the 26
Ombudsman Act 2001 and Public Records Act 2002, for 27
example); and 28
(b) all rights, liabilities and interests of LGAQ Inc., that are 29
in existence immediately before 1 July 2010, are taken 30
to be the rights, liabilities and interests of a corporation 31
that is prescribed under a regulation (LGAQ Limited). 32
Page 218
Local Government Bill 2009
Chapter 8 Transitionals, savings and repeals
[s 287]
(3) For example-- 1
(a) an agreement with the LGAQ Inc. becomes an 2
agreement with LGAQ Limited; and 3
(b) an interest in real or personal property of LGAQ Inc. 4
becomes an interest of LGAQ Limited; and 5
(c) a proceeding that could be started or continued by or 6
against LGAQ Inc. may be started or continued by or 7
against LGAQ Limited; and 8
(d) a person who was employed by LGAQ Inc. is taken to 9
be employed by LGAQ Limited. 10
(4) This change of employer does not-- 11
(a) affect an employee's employment conditions, benefits, 12
entitlements or remuneration; or 13
(b) prejudice an employee's existing or accruing rights to-- 14
(i) recreation, sick, long service or other leave; or 15
(ii) superannuation; or 16
(c) entitle a person to a payment or other benefit merely 17
because the person is no longer employed by LGAQ 18
Inc.; or 19
(d) interrupt a person's continuity of service; or 20
(e) constitute a retrenchment or redundancy. 21
(5) A reference in an Act or document to the LGAQ Inc. may, if 22
the context permits, be taken to be a reference to LGAQ 23
Limited. 24
287 Repeal 25
The following Acts are repealed-- 26
· the Local Government Act 1993, No. 70 27
· the Local Government (Community Government Areas) 28
Act 2004, No. 37. 29
Page 219
Local Government Bill 2009
Chapter 9 Amendments of Acts
Part 1 Amendment of Animal Management (Cats and Dogs) Act 2008
[s 288]
Chapter 9 Amendments of Acts 1
Part 1 Amendment of Animal 2
Management (Cats and Dogs) 3
Act 2008 4
288 Act amended in pt 1 5
This part amends the Animal Management (Cats and Dogs) 6
Act 2008. 7
289 Amendment of s 9 (Who is an owner of a cat or dog) 8
Section 9(2)-- 9
insert-- 10
`(c) merely because the person is an inspector under the 11
Animal Care and Protection Act 2001 or is performing 12
functions, or exercising powers, in that capacity under 13
that Act.'. 14
290 Amendment of s 13 (Supplier must ensure cat or dog is 15
implanted) 16
Section 13(3)-- 17
omit. 18
291 Omission of s 15 (Notice of changed identifying 19
information) 20
Section 15-- 21
omit. 22
Page 220
Local Government Bill 2009
Chapter 9 Amendments of Acts
Part 1 Amendment of Animal Management (Cats and Dogs) Act 2008
[s 292]
292 Amendment of s 44 (Registration obligation) 1
(1) Section 44(1) to (3)-- 2
renumber as section 44(2) to (4). 3
(2) Section 44(4)-- 4
omit. 5
(3) Section 44-- 6
insert-- 7
`(1) This section does not apply to-- 8
(a) the operator of a pound or shelter; or 9
(b) the owner of a cat or dog less than 12 weeks old.'. 10
(4) Section 44(2), as renumbered, note-- 11
omit. 12
(5) Section 44(3), as renumbered, note-- 13
omit, insert-- 14
`Note-- 15
See also section 216 (Cat or dog not registered at commencement).'. 16
(6) Section 44(4), as renumbered, `subsection (1) or (2)'-- 17
omit, insert-- 18
`subsection (2) or (3)'. 19
293 Amendment of s 45 (Cat or dog must bear identification 20
in particular circumstances) 21
Section 45 from `A person' to `excuse.'-- 22
omit, insert-- 23
`(1) This section applies if a cat or dog, other than a regulated dog, 24
is at a place other than the address stated in the registration 25
notice for the cat or dog. 26
Page 221
Local Government Bill 2009
Chapter 9 Amendments of Acts
Part 1 Amendment of Animal Management (Cats and Dogs) Act 2008
[s 294]
`(2) The person who keeps the cat or dog must ensure it bears the 1
identification prescribed under a local law unless the person 2
has a reasonable excuse.'. 3
294 Amendment of s 47 (What registration form must state) 4
Section 47(2), definition address, paragraph (b), `to kept'-- 5
omit, insert-- 6
`to be kept'. 7
295 Amendment of s 49 (Relevant local government must give 8
registration notice) 9
Section 49(3)(b)(i), `section 47'-- 10
omit, insert-- 11
`sections 47 and 48(2)'. 12
296 Amendment of s 54 (Amendment of registration) 13
Section 54(2), `permit holder'-- 14
omit, insert-- 15
`relevant person mentioned in schedule 1, section 8'. 16
297 Amendment of s 55 (Relevant local government must give 17
notice of change) 18
Section 55(4), after `chief executive'-- 19
insert-- 20
`officer'. 21
298 Amendment of s 56 (Relevant local government must give 22
renewal notice) 23
Section 56(2)(b)(iii), `10 days'-- 24
Page 222
Local Government Bill 2009
Chapter 9 Amendments of Acts
Part 1 Amendment of Animal Management (Cats and Dogs) Act 2008
[s 299]
omit, insert-- 1
`7 days'. 2
299 Amendment of s 57 (What owner must do) 3
(1) Section 57(1)-- 4
omit, insert-- 5
`(1) This section applies to the owner of a cat or dog whether or 6
not the owner has been given a renewal notice.'. 7
(2) Section 57(2), from `within 14' to `renewal notice--'-- 8
omit, insert-- 9
`before the period of registration for the cat or dog expires--'. 10
300 Amendment of s 58 (Relevant local government must give 11
registration notice) 12
(1) Section 58, heading-- 13
omit, insert-- 14
`58 Relevant local government's obligations if owner 15
complies'. 16
(2) Section 58(4), after `chief executive'-- 17
insert-- 18
`officer'. 19
(3) Section 58(4)(b), from `the owner'-- 20
omit, insert-- 21
`the owner any registration device for the cat or dog.'. 22
301 Amendment of s 61 (What is a declared dangerous dog) 23
Section 61(b)-- 24
omit, insert-- 25
Page 223
Local Government Bill 2009
Chapter 9 Amendments of Acts
Part 1 Amendment of Animal Management (Cats and Dogs) Act 2008
[s 302]
`(b) a dog that is the subject of a declaration, however called, 1
if the declaration-- 2
(i) was made under a corresponding law; and 3
(ii) is the same as or similar to a dangerous dog 4
declaration.'. 5
302 Amendment of s 62 (What is a declared menacing dog) 6
Section 62(b)-- 7
omit, insert-- 8
`(b) a dog that is the subject of a declaration, however called, 9
if the declaration-- 10
(i) was made under a corresponding law; and 11
(ii) is the same as or similar to a menacing dog 12
declaration.'. 13
303 Amendment of s 93 (Owner's obligations if proposed 14
declaration notice in force) 15
(1) Section 93, heading, `obligations'-- 16
omit, insert-- 17
`obligation'. 18
(2) Section 93(1), from `requirements' to `are'-- 19
omit, insert-- 20
`permit condition imposed under schedule 1, section 3, is'. 21
(3) Section 93(1), notes, first bullet point, `public'-- 22
omit, insert-- 23
`place that is not relevant place'. 24
Page 224
Local Government Bill 2009
Chapter 9 Amendments of Acts
Part 1 Amendment of Animal Management (Cats and Dogs) Act 2008
[s 304]
304 Amendment of s 95 (Notice and taking effect of 1
declaration) 2
Section 95(5)(e)(i), `relevant'-- 3
omit, insert-- 4
`menacing'. 5
305 Amendment of s 98 (Declared menacing dogs) 6
Section 98(1), `sections 2 and'-- 7
omit, insert-- 8
`sections 2, 3(1)(b) and (2) and'. 9
306 Amendment of s 104 (Appointment and qualifications) 10
(1) Section 104(1) and (2)-- 11
renumber as section 104(2) and (3). 12
(2) Section 104-- 13
insert-- 14
`(1) The chief executive may appoint any of the following persons 15
as an authorised person to investigate, monitor and enforce 16
compliance with this Act-- 17
(a) a public service employee; 18
(b) a person prescribed under a regulation.'. 19
(3) Section 104(3), as renumbered, from `chief executive officer 20
may' to `chief executive officer is'-- 21
omit, insert-- 22
`chief executive or chief executive officer (each the 23
designated officer) may appoint a person as an authorised 24
person only if the designated officer is'. 25
Page 225
Local Government Bill 2009
Chapter 9 Amendments of Acts
Part 1 Amendment of Animal Management (Cats and Dogs) Act 2008
[s 307]
307 Amendment of s 112 (Additional entry powers for 1
particular dogs) 2
Section 112(1)(a)(ii)(B), `this chapter'-- 3
omit, insert-- 4
`chapter 4'. 5
308 Amendment of s 131 (Return of regulated dog to 6
registered owner) 7
Section 131(3)(c), `subsection (2)(d)(ii)'-- 8
omit, insert-- 9
`subsection (2)(d)'. 10
309 Amendment of s 173 (Who may inspect registers) 11
Section 173(6), `prescribed fee'-- 12
omit, insert-- 13
`fee decided by the chief executive'. 14
310 Amendment of s 174 (Chief executive officer must give 15
information) 16
(1) Section 174(2)(b), `state the'-- 17
omit, insert-- 18
`state'. 19
(2) Section 174(2)(b)(i), `section 47'-- 20
omit, insert-- 21
`the registration notice'. 22
311 Amendment of s 181 (Who may apply for review) 23
Section 181(2), `by the' to `officer for'-- 24
omit, insert-- 25
Page 226
Local Government Bill 2009
Chapter 9 Amendments of Acts
Part 1 Amendment of Animal Management (Cats and Dogs) Act 2008
[s 312]
`by a local government or authorised person appointed to a 1
local government may apply to the chief executive officer of 2
the local government for'. 3
312 Amendment of s 182 (Requirements for making PID 4
review application) 5
Section 182(1)(a), `approved;'-- 6
omit, insert-- 7
`;'. 8
313 Amendment of s 183 (Requirements for making general 9
review application) 10
Section 183(1)(a), from `approved by' to `decision'-- 11
omit. 12
314 Amendment of s 184 (Stay of operation of original 13
decision) 14
Section 184(5), note, `public'-- 15
omit, insert-- 16
`place that is not relevant place'. 17
315 Amendment of s 189 (Starting appeal) 18
Section 189(1)(a), `the clerk of'-- 19
omit. 20
316 Amendment of s 190 (Stay of operation of review notice) 21
Section 190(3), note, `public'-- 22
omit, insert-- 23
`place that is not relevant place'. 24
Page 227
Local Government Bill 2009
Chapter 9 Amendments of Acts
Part 1 Amendment of Animal Management (Cats and Dogs) Act 2008
[s 317]
317 Amendment of s 194 (Particular persons must ensure 1
dog does not attack or cause fear) 2
(1) Section 194, heading, `Particular persons'-- 3
omit, insert-- 4
`Relevant person'. 5
(2) Section 194(1), penalty, paragraph (b), after `death of'-- 6
insert-- 7
`or grievous bodily harm to'. 8
(3) Section 194(2)-- 9
insert-- 10
`animal does not include vermin that are not the property of 11
anyone. 12
Examples of vermin that are someone's property-- 13
· a pet mouse or guinea pig 14
· vermin that are protected animals under the Nature Conservation 15
Act 1992. (See section 83 of that Act.)'. 16
318 Replacement of ss 195 and 196 17
Sections 195 and 196-- 18
omit, insert-- 19
`195 Prohibition on allowing or encouraging dog to attack 20
or cause fear 21
`(1) A person must not allow or encourage a dog to attack, or act in 22
a way that causes fear to, a person or another animal. 23
Maximum penalty-- 24
(a) if the attack causes the death of or grievous bodily harm 25
to the person--300 penalty units; or 26
(b) if the attack causes the death of or grievous bodily harm 27
to the animal--100 penalty units; or 28
Page 228
Local Government Bill 2009
Chapter 9 Amendments of Acts
Part 1 Amendment of Animal Management (Cats and Dogs) Act 2008
[s 318]
(c) if the attack causes bodily harm to the person or 1
animal--50 penalty units; or 2
(d) otherwise--20 penalty units. 3
`(2) In this section-- 4
allow or encourage, without limiting the Criminal Code, 5
sections 7 and 8, includes cause to allow or encourage. 6
Editor's note-- 7
Criminal Code, sections 7 (Principal offenders) and 8 (Offences 8
committed in prosecution of common purpose) 9
animal does not include vermin that are not the property of 10
anyone. 11
Examples of vermin that are someone's property-- 12
· a pet mouse or guinea pig 13
· vermin that are protected animals under the Nature Conservation 14
Act 1992. (See section 83 of that Act.)'. 15
`196 Defences for offence against s 194 or 195 16
`(1) It is a defence to a prosecution for an offence against section 17
194 or 195 for the defendant to prove-- 18
(a) the dog attacked, or acted in a way that caused fear to, 19
the other person (the complainant) or the animal-- 20
(i) as a result of the dog being attacked, mistreated, 21
provoked or teased by the complainant or the 22
animal; or 23
(ii) to protect the complainant, or a person 24
accompanying the complainant (the 25
accompanying person), or the complainant's or 26
accompanying person's property; or 27
(b) for an attack on an animal, the dog was engaged in 28
hunting the animal on private property when the offence 29
happened; or 30
Page 229
Local Government Bill 2009
Chapter 9 Amendments of Acts
Part 1 Amendment of Animal Management (Cats and Dogs) Act 2008
[s 319]
(c) for an attack on stock, the dog is a working dog and the 1
offence happened when the stock were being worked; or 2
(d) the dog is a government entity dog and when the offence 3
happened the defendant was acting within the scope of 4
employment by the government entity; or 5
(e) when the offence happened, the dog was a security 6
patrol dog carrying out that function under the Security 7
Providers Act 1993. 8
`(2) In this section-- 9
dog patrol category, of functions of a security officer, has the 10
meaning given by the Security Providers Act 1993, schedule 11
2. 12
security officer has the meaning given by the Security 13
Providers Act 1993, section 7. 14
security patrol dog means a dog used in the dog patrol 15
category of functions of a security officer.'. 16
319 Amendment of s 206 (Delegation by chief executive 17
officer) 18
Section 206(1), after `an'-- 19
omit, insert-- 20
`appropriately qualified'. 21
320 Amendment of s 209 (Approval of forms) 22
Section 209(1), `section 183'-- 23
omit, insert-- 24
`section 182'. 25
321 Amendment of s 211 (Deferral for particular local 26
governments) 27
Section 211, from `to a local' to `SEQ local'-- 28
Page 230
Local Government Bill 2009
Chapter 9 Amendments of Acts
Part 1 Amendment of Animal Management (Cats and Dogs) Act 2008
[s 322]
omit, insert-- 1
`in an area of a local government, other than in the area of a 2
designated local'. 3
322 Amendment of s 212 (Restricted dog registers) 4
Section 212(1), `an SEQ'-- 5
omit, insert-- 6
`a designated'. 7
323 Amendment of s 213 (Cats and dogs implanted before 8
commencement) 9
Section 213, after `the commencement'-- 10
insert-- 11
`of this section'. 12
324 Replacement of s 216 (Cat or dog not registered at 13
commencement) 14
Section 216-- 15
omit, insert-- 16
`216 Cat or dog not registered at commencement 17
`(1) This section applies to an owner of a cat or dog other than the 18
operator of a shelter or pound if the cat or dog-- 19
(a) is not registered at the commencement of this section; or 20
(b) is less than 12 weeks old. 21
`(2) The owner must ensure the cat or dog is registered within 3 22
months after-- 23
(a) if the relevant local government is a designated local 24
government--the commencement; or 25
(b) otherwise--the deferred date. 26
Page 231
Local Government Bill 2009
Chapter 9 Amendments of Acts
Part 1 Amendment of Animal Management (Cats and Dogs) Act 2008
[s 325]
Maximum penalty--20 penalty units. 1
`(3) It is a defence to a prosecution for an offence against 2
subsection (2) for the defendant to prove the cat or dog is-- 3
(a) a government entity dog; or 4
(b) a working dog; or 5
(c) another class of cat or dog prescribed under a 6
regulation.'. 7
325 Insertion of new ss 217A and 217B 8
After section 217-- 9
insert-- 10
`217A Corresponding law regulated dogs and 11
corresponding convictions 12
`(1) This section applies if immediately before the commencement 13
of this section-- 14
(a) a dog was the subject of a declaration, however called, 15
under a corresponding law; and 16
(b) the declaration is the same as or similar to a regulated 17
dog declaration. 18
`(2) The dog is taken to be a regulated dog under this Act. 19
`(3) A corresponding conviction for an offence relating to the dog 20
is taken to be a conviction for an offence against chapter 4. 21
`(4) In this section-- 22
corresponding conviction, for an offence relating to the dog, 23
means a conviction in another State for an offence that is the 24
same, or substantially the same, as an offence against chapter 25
4. 26
Page 232
Local Government Bill 2009
Chapter 9 Amendments of Acts
Part 1 Amendment of Animal Management (Cats and Dogs) Act 2008
[s 326]
`217B Local law dangerous dogs and corresponding 1
convictions 2
`(1) A dog that was declared to be a dangerous dog under a local 3
law (a local law dangerous dog) immediately before the 4
commencement of this section is taken to be a declared 5
dangerous dog under this Act. 6
`(2) A corresponding conviction for an offence relating to a local 7
law dangerous dog is taken to be a conviction for an offence 8
against chapter 4. 9
`(3) In this section-- 10
corresponding conviction, for an offence relating to a local 11
law dangerous dog, means a conviction under a local law for 12
an offence that is the same, or substantially the same, as an 13
offence against chapter 4.'. 14
326 Amendment of sch 1 (Permit conditions and conditions 15
applying to declared dangerous and menacing dogs) 16
(1) Schedule 1, section 1, definition relevant person-- 17
omit. 18
(2) Schedule 1, section 3, heading, `public'-- 19
omit, insert-- 20
`place that is not relevant place'. 21
(3) Schedule 1, section 3, `public place'-- 22
omit, insert-- 23
`place that is not the relevant place for the dog'. 24
(4) Schedule 1, section 3-- 25
insert-- 26
`(3) In subsection (1)(a)-- 27
relevant dog-- 28
(a) does not include a declared menacing dog; but 29
Page 233
Local Government Bill 2009
Chapter 9 Amendments of Acts
Part 1 Amendment of Animal Management (Cats and Dogs) Act 2008
[s 327]
(b) includes a dog the subject of a proposed declaration 1
notice for a dangerous dog declaration or restricted dog 2
declaration.'. 3
(5) Schedule 1, section 8(1), `permit holder'-- 4
omit, insert-- 5
`relevant person'. 6
(6) Schedule 1, section 8, `holder must'-- 7
omit, insert-- 8
`person must'. 9
(7) Schedule 1, section 8(1), `holder's'-- 10
omit, insert-- 11
`person's'. 12
(8) Schedule 1, section 8-- 13
insert-- 14
`(3) In this section-- 15
relevant person means-- 16
(a) if a permit condition applies to a declared dangerous 17
dog or a declared menacing dog--the owner of the dog; 18
or 19
(b) if a permit condition applies to a restricted dog--the 20
permit holder for the dog.'. 21
327 Amendment of sch 2 (Dictionary) 22
(1) Schedule 2, definitions changed information, relevant person 23
and SEQ local government-- 24
omit. 25
(2) Schedule 2-- 26
insert-- 27
Page 234
Local Government Bill 2009
Chapter 9 Amendments of Acts
Part 1 Amendment of Animal Management (Cats and Dogs) Act 2008
[s 327]
`designated local government means-- 1
(a) the Brisbane City Council; or 2
(b) the Central Highlands Regional Council; or 3
(c) the Gladstone Regional Council; or 4
(d) the following councils-- 5
· Gold Coast City Council 6
· Ipswich City Council 7
· Lockyer Valley Regional Council 8
· Logan City Council 9
· Moreton Bay Regional Council 10
· Redland City Council 11
· Scenic Rim Regional Council 12
· Somerset Regional Council 13
· Sunshine Coast Regional Council 14
· Toowoomba Regional Council.'. 15
(3) Schedule 2, definition approved form, paragraph (a), `section 16
183'-- 17
omit, insert-- 18
`section 182'. 19
(4) Schedule 2, definition original decider, paragraph (b), from 20
`by'-- 21
omit, insert-- 22
`by a local government or authorised person appointed to a 23
local government--the chief executive officer of the local 24
government.'. 25
Page 235
Local Government Bill 2009
Chapter 9 Amendments of Acts
Part 2 Amendments of Acts
[s 328]
(5) Schedule 2, definition original decision, from `may be 1
given'-- 2
omit, insert-- 3
`must be given.'. 4
(6) Schedule 2, definition registration notice, `section 49(2)'-- 5
omit, insert-- 6
`section 49(3)(b) and (d)'. 7
(7) Schedule 2, definition relevant dog, after `dog'-- 8
insert-- 9
`, for schedule 1,'. 10
(8) Schedule 2, definition relevant place, `for a relevant dog'-- 11
omit, insert-- 12
`for schedule 1'. 13
Part 2 Amendments of Acts 14
328 Acts amended in sch 1 15
Schedule 1 amends the Acts that it mentions. 16
Page 236
Local Government Bill 2009
Schedule 1
Schedule 1 Acts amended 1
section 328 2
Aboriginal and Torres Strait Islander Communities 3
(Justice, Land and Other Matters) Act 1984 4
1 Section 4, definitions community government and 5
community government area-- 6
omit, insert-- 7
`community government is an indigenous local government, 8
that is not an indigenous regional council, under the Local 9
Government Act 2009. 10
community government area is the local government area of 11
a community government.'. 12
2 Section 4, definition IRC division area, `Local 13
Government Act 1993'-- 14
omit, insert-- 15
`Local Government Act 2009'. 16
3 Section 4, definition local law-- 17
omit, insert-- 18
`local law has the meaning given in the Local Government Act 19
2009.'. 20
Page 237
Local Government Bill 2009
Schedule 1
Aboriginal Land Act 1991 1
1 Section 22(1), `Local Government Act 1993'-- 2
omit, insert-- 3
`Local Government Act 2009'. 4
2 Section 35(a), from `a community government' to `2004'-- 5
omit, insert-- 6
`an indigenous local government, other than an indigenous 7
regional council, under the Local Government Act 2009'. 8
Aborigines and Torres Strait Islanders (Land Holding) 9
Act 1985 10
85 Section 4, definition indigenous council-- 11
omit, insert-- 12
`indigenous council means an indigenous local government 13
under the Local Government Act 2009.'. 14
Acts Interpretation Act 1954 15
1 Section 36, definitions additional territorial unit, area, 16
basic territorial unit, joint local government and territorial 17
unit-- 18
omit. 19
Page 238
Local Government Bill 2009
Schedule 1
2 Section 36-- 1
insert-- 2
`local government area means a local government area under 3
the Local Government Act 2009.'. 4
3 Section 36, definition local government, paragraph (b)-- 5
omit, insert-- 6
`(b) a local government under the Local Government Act 7
2009.'. 8
Airport Assets (Restructuring and Disposal) Act 2008 9
1 Section 99(2)(a), `Local Government Act 1936'-- 10
omit, insert-- 11
`Local Government Act 2009'. 12
Body Corporate and Community Management Act 13
1997 14
1 Section 80(1)(b), `Local Government Act 1936'-- 15
omit, insert-- 16
`Local Government Act 2009'. 17
2 Section 196(8), `Local Government Act 1993, section 18
1016'-- 19
omit, insert-- 20
`Local Government Act 2009'. 21
Page 239
Local Government Bill 2009
Schedule 1
3 Section 198(3), `Local Government Act 1993'-- 1
omit, insert-- 2
`Local Government Act 2009'. 3
Brisbane City Council Business and Procedure Act 4
1939 5
1 Section 6, `Local Government Act 1936'-- 6
omit, insert-- 7
`Local Government Act 2009'. 8
2 Section 6(1), `and pursuant to'-- 9
omit, insert-- 10
`the'. 11
3 Section 6(1), `as referred to in section 27(11)(iv) of the 12
Local Government Act 1936'-- 13
omit. 14
4 Section 6(2), `Local Government Act 1936 does not 15
require the registrar of titles'-- 16
omit, insert-- 17
`registrar of titles is not required'. 18
Page 240
Local Government Bill 2009
Schedule 1
Brisbane River Tidal Lands Improvement Act 1927 1
1 Section 4, `Local Government Act 1993'-- 2
omit, insert-- 3
`Local Government Act 2009'. 4
Building Act 1975 5
1 Section 86(1)(c), `Local Government Act 1993, section 6
1071(1)(e)'-- 7
omit, insert-- 8
`Local Government Act 2009'. 9
2 Section 108A(7)(b), `Local Government Act 1993'-- 10
omit, insert-- 11
`Local Government Act 2009'. 12
3 Section 229(4), definition local government Act, `Local 13
Government Act 1993'-- 14
omit, insert-- 15
`Local Government Act 2009'. 16
4 Section 242(6), `perform work' to `section 1066.'-- 17
omit, insert-- 18
`take action under the Local Government Act 2009, section 142.'. 19
Page 241
Local Government Bill 2009
Schedule 1
5 Section 252, `mentioned in' to `section 1066.'-- 1
omit, insert-- 2
`to take action under the Local Government Act 2009, section 3
142.'. 4
6 Section 256(2)(a)(ii), `Local Government Act 1993'-- 5
omit, insert-- 6
`Local Government Act 2009'. 7
7 Schedule 2, definition owner, `Local Government Act 8
1993, section 1124'-- 9
omit, insert-- 10
`Local Government Act 2009 as the person who will accept service 11
for the owners'. 12
Building Units and Group Titles Act 1980 13
1 Section 64(1), `Local Government Act 1993'-- 14
omit, insert-- 15
`Local Government Act 2009'. 16
City of Brisbane Act 1924 17
1 Schedule 2, definition conduct review panel-- 18
omit, insert-- 19
`conduct review panel means the regional conduct review 20
panel under the Local Government Act 2009.'. 21
Page 242
Local Government Bill 2009
Schedule 1
2 Schedule 2, definition general complaints process, `, 1
chapter 6, part 5'-- 2
omit. 3
3 Schedule 2, definition Local Government Act, `Local 4
Government Act 1993'-- 5
omit, insert-- 6
`Local Government Act 2009'. 7
4 Schedule 2, definition owner, `, section 4'-- 8
omit. 9
5 Schedule 2, definition regulatory fee-- 10
omit, insert-- 11
`regulatory fee means a fee fixed under the Local Government 12
Act 2009, section 97.'. 13
Coastal Protection and Management Act 1995 14
1 Schedule, definition local government area, `Local 15
Government Act 1993'-- 16
omit, insert-- 17
`Local Government Act 2009'. 18
Page 243
Local Government Bill 2009
Schedule 1
Community Services Act 2007 1
1 Section 22(d), `Local Government Act 1993'-- 2
omit, insert-- 3
`Local Government Act 2009'. 4
Constitution of Queensland 2001 5
1 Section 71(4)-- 6
omit. 7
2 Section 77(1)(a), `Local Government Act 1993'-- 8
omit, insert-- 9
`Local Government Act 2009'. 10
Criminal Code Act 1899 11
1 Section 442A, definition local government-- 12
omit. 13
2 Section 552C(5)(a)-- 14
omit, insert-- 15
`(a) that is within a local government area of an indigenous 16
local government under the Local Government Act 17
2009; or'. 18
Page 244
Local Government Bill 2009
Schedule 1
Criminal Offence Victims Act 1995 1
1 Section 9, example, `Local Government Act 1993'-- 2
omit, insert-- 3
`Local Government Act 2009'. 4
Disaster Management Act 2003 5
1 Schedule 2, definition SES unit, `the area of a local 6
government'-- 7
omit, insert-- 8
`a local government area'. 9
Domestic and Family Violence Protection Act 1989 10
1 Section 50(3), examples, `Local Government Act 1993'-- 11
omit, insert-- 12
`Local Government Act 2009'. 13
Duties Act 2001 14
1 Section 430(d)-- 15
omit, insert-- 16
`(d) for implementing a local government change under the 17
Local Government Act 2009; or'. 18
Page 245
Local Government Bill 2009
Schedule 1
Electoral Act 1992 1
1 Section 31(3)(a), `Local Government Act 1993'-- 2
omit, insert-- 3
`Local Government Act 2009'. 4
2 Section 152(2)(a)(ii), `Local Government Act 1993'-- 5
omit, insert-- 6
`Local Government Act 2009'. 7
3 Section 152(2)(a)(iv)-- 8
omit. 9
Financial Administration and Audit Act 1977 10
1 Schedule 3, definition appropriate Minister, `Local 11
Government Act 1993'-- 12
omit, insert-- 13
`Local Government Act 2009'. 14
Fire and Rescue Service Act 1990 15
1 Section 114(3), `Local Government Act 1993'-- 16
omit, insert-- 17
`Local Government Act 2009'. 18
Page 246
Local Government Bill 2009
Schedule 1
2 Section 119(1), `Local Government Act 1993, section 1
1018(3)(a)'-- 2
omit, insert-- 3
`Local Government Act 2009 for overdue rates'. 4
3 Section 123(2), `Local Government Act 1993, section 5
1018(1)'-- 6
omit, insert-- 7
`Local Government Act 2009'. 8
4 Section 128A(b)-- 9
omit, insert-- 10
`(b) for another local government--special rates and 11
charges, or separate rates and charges, under the Local 12
Government Act 2009.'. 13
Fisheries Act 1994 14
1 Section 145(2)(a), `Local Government Act 1993'-- 15
omit, insert-- 16
`Local Government Act 2009'. 17
Fluoridation of Public Water Supplies Act 1963 18
1 Section 4(4)(c)-- 19
omit. 20
Page 247
Local Government Bill 2009
Schedule 1
Forestry Act 1959 1
1 Section 72(6)(b), `Local Government Act 1993'-- 2
omit, insert-- 3
`Local Government Act 2009'. 4
Fossicking Act 1994 5
1 Section 82(e)(i), `Local Government Act 1993'-- 6
omit, insert-- 7
`Local Government Act 2009'. 8
Freedom of Information Act 1992 9
1 Section 7, definition corporatised corporation-- 10
omit, insert-- 11
`corporatised corporation means a corporate entity under the 12
Local Government Act 2009.'. 13
2 Section 7, definition responsible Minister, paragraph (d), 14
`Local Government Act 1993'-- 15
omit, insert-- 16
`Local Government Act 2009'. 17
Page 248
Local Government Bill 2009
Schedule 1
3 Section 11(1)(u), `Local Government Act 1993, sections 1
247(1)(b) and 1139(2)'-- 2
omit, insert-- 3
`Local Government Act 2009'. 4
4 Section 11(1)(v), `Local Government Act 1993, section 5
1139(1)'-- 6
omit, insert-- 7
`Local Government Act 2009'. 8
5 Section 11B, `Local Government Act 1993, section 9
1205'-- 10
omit, insert-- 11
`Local Government Act 2009'. 12
Geothermal Exploration Act 2004 13
1 Section 97I(1)(b)(ii), `Local Government Act 1993'-- 14
omit, insert-- 15
`Local Government Act 2009'. 16
Housing Act 2003 17
1 Section 95(1), `Local Government Act 1993'-- 18
omit, insert-- 19
`Local Government Act 2009'. 20
Page 249
Local Government Bill 2009
Schedule 1
Housing (Freeholding of Land) Act 1957 1
1 Section 7(7), `Local Government Act 1993, section 2
1057'-- 3
omit, insert-- 4
`Local Government Act 2009'. 5
2 Section 8B(1)(b), `Local Government Act 1993, section 6
1037A'-- 7
omit, insert-- 8
`Local Government Act 2009'. 9
Iconic Queensland Places Act 2008 10
1 Section 36(5), `Local Government Act, section 6'-- 11
omit, insert-- 12
`Local Government Act 2009'. 13
2 Section 60(1)(b)-- 14
omit, insert-- 15
`(b) the relevant local government is proposing to amend or 16
repeal the local law.'. 17
3 Section 60(3) and (4) `, chapter 12'-- 18
omit. 19
4 Section 63, `chapter 12, part 2, division 2 or 3'-- 20
omit, insert-- 21
`chapter 3, part 1, division 2'. 22
Page 250
Local Government Bill 2009
Schedule 1
5 Section 64(1), `section 861(1), 867(1) or 872(2)(b)'-- 1
omit, insert-- 2
`section 29'. 3
6 Section 65, `chapter 12, part 2, division 2 or 3'-- 4
omit, insert-- 5
`chapter 3, part 1, division 2'. 6
7 Schedule 2, definition Local Government Act, `Local 7
Government Act 1993'-- 8
omit, insert-- 9
`Local Government Act 2009'. 10
Inala Shopping Centre Freeholding Act 2006 11
1 Section 19(4), `Local Government Act 1993, section 12
1057'-- 13
omit, insert-- 14
`Local Government Act 2009'. 15
2 Section 23(1)(b), `Local Government Act 1993, section 16
1037A'-- 17
omit, insert-- 18
`Local Government Act 2009'. 19
Page 251
Local Government Bill 2009
Schedule 1
Industrial Development Act 1963 1
1 Section 3(6), `Local Government Act 1993'-- 2
omit, insert-- 3
`Local Government Act 2009'. 4
2 Section 5(7), (9), (10) and (11), `Local Government Act 5
1993'-- 6
omit, insert-- 7
`Local Government Act 2009'. 8
Judicial Review Act 1991 9
1 Section 3, definition corporatised corporation-- 10
omit, insert-- 11
`corporatised corporation means a corporate entity under the 12
Local Government Act 2009.'. 13
2 Section 18B, `Local Government Act 1993, section 14
1205'-- 15
omit, insert-- 16
`Local Government Act 2009'. 17
3 Schedule 1, part 1, `Local Government Act 1993, sections 18
159X and 159YP'-- 19
omit, insert-- 20
`Local Government Act 2009, sections 21, 114 and 229'. 21
Page 252
Local Government Bill 2009
Schedule 1
Justices Act 1886 1
1 Section 53(2)(a)(iii), `Local Government Act 1993'-- 2
omit, insert-- 3
`Local Government Act 2009'. 4
Land Act 1994 5
1 Sections 56(4)(a) and (5) and 111(1) and (2)(b), `Local 6
Government Act 1993'-- 7
omit, insert-- 8
`Local Government Act 2009'. 9
2 Section 240G(4), `Local Government Act 1993, section 10
1016'-- 11
omit, insert-- 12
`Local Government Act 2009'. 13
3 Section 240Q(e), `Local Government Act 1993, chapter 14, 14
part 7'-- 15
omit, insert-- 16
`Local Government Act 2009'. 17
4 Section 369(8), definition relevant provisions, paragraph 18
(a), `Local Government Act 1993'-- 19
omit, insert-- 20
`Local Government Act 2009'. 21
Page 253
Local Government Bill 2009
Schedule 1
Land Protection (Pest and Stock Route Management) 1
Act 2002 2
1 Sections 84(2) and 154(1), `an unpaid amount under the 3
Local Government Act 1993, section 1068'-- 4
omit, insert-- 5
`overdue rates under the Local Government Act 2009'. 6
2 Section 306, `Local Government Act 1993'-- 7
omit, insert-- 8
`Local Government Act 2009'. 9
Land Tax Act 1915 10
1 Section 26C(1), `Local Government Act 1993'-- 11
omit, insert-- 12
`Local Government Act 2009'. 13
Land Title Act 1994 14
1 Section 89(7), definition relevant provisions, paragraph 15
(a), `Local Government Act 1993'-- 16
omit, insert-- 17
`Local Government Act 2009'. 18
Page 254
Local Government Bill 2009
Schedule 1
Libraries Act 1988 1
1 Sections 54 and 55(3), `Local Government Act 1993'-- 2
omit, insert-- 3
`Local Government Act 2009'. 4
2 Section 55(1)(a), `or a joint local government'-- 5
omit. 6
3 Section 55(1), `or the joint local government as the case 7
may be,'-- 8
omit. 9
4 Section 55(2), `or joint local government'-- 10
omit. 11
Liquor Act 1992 12
1 Section 4, definition corporatised corporation-- 13
omit, insert-- 14
`corporatised corporation means a corporate entity under the 15
Local Government Act 2009.'. 16
2 Section 4, definition Council, paragraph (a) and (b)-- 17
omit, insert-- 18
`(a) an indigenous local government under the Local 19
Government Act 2009; or'. 20
Page 255
Local Government Bill 2009
Schedule 1
3 Section 4, definition indigenous regional council, `Local 1
Government Act 1993'-- 2
omit, insert-- 3
`Local Government Act 2009'. 4
4 Section 112B(1)(b) and (3)(b), `Local Government Act 5
1993, section 956G'-- 6
omit, insert-- 7
`Local Government Act 2009'. 8
5 Section 112B(1)(c), `Local Government Act 1993, section 9
956G(3)(b)'-- 10
omit, insert-- 11
`Local Government Act 2009'. 12
6 Section 173A, definition road, paragraph (a), `Local 13
Government Act 1993'-- 14
omit, insert-- 15
`Local Government Act 2009'. 16
7 Section 187(1A)(a), `Local Government Act 1993, section 17
956G'-- 18
omit, insert-- 19
`Local Government Act 2009'. 20
8 Section 187(1A)(b), `Local Government Act 1993, section 21
956G(3)(b)'-- 22
omit, insert-- 23
`Local Government Act 2009'. 24
Page 256
Local Government Bill 2009
Schedule 1
Local Government (Aboriginal Lands) Act 1978 1
1 Sections 6, 7, 9, 10, 21(1), 29, 32(2) and 43(4), `Local 2
Government Act 1993'-- 3
omit, insert-- 4
`Local Government Act 2009'. 5
2 Section 6, `SC211'-- 6
omit, insert-- 7
`LGRB 2'. 8
3 Section 7, `SC212'-- 9
omit, insert-- 10
`LGRB 45'. 11
4 Section 12, `Local Government Act 1993, section 164'-- 12
omit, insert-- 13
`Local Government Act 2009'. 14
Local Government (Chinatown and The Valley Malls) 15
Act 1984 16
1 Schedule 4, definition authorised person, `Local 17
Government Act 1993, chapter 15, part 5'-- 18
omit, insert-- 19
`Local Government Act 2009'. 20
Page 257
Local Government Bill 2009
Schedule 1
Local Government (Queen Street Mall) Act 1981 1
1 Schedule 2, definition authorised person, `Local 2
Government Act 1993, chapter 15, part 5'-- 3
omit, insert-- 4
`Local Government Act 2009'. 5
Metropolitan Water Supply and Sewerage Act 1909 6
1 Section 4, definition Local Government Act, from `Local 7
Government Act 1993'-- 8
omit, insert-- 9
`Local Government Act 2009.'. 10
2 Section 4, definition local government-- 11
omit. 12
Mineral Resources Act 1989 13
1 Section 318EV(1)(b)(ii), `Local Government Act 1993'-- 14
omit, insert-- 15
`Local Government Act 2009'. 16
2 Schedule, definition eligible person, paragraph (a)(iii), 17
`Local Government Act 1993, chapter 14, part 7'-- 18
omit, insert-- 19
`Local Government Act 2009 for overdue rates'. 20
Page 258
Local Government Bill 2009
Schedule 1
Motor Racing Events Act 1990 1
1 Sections 5G(2) and 12(4), `Local Government Act 1993'-- 2
omit, insert-- 3
`Local Government Act 2009'. 4
National Trust of Queensland Act 1963 5
1 Sections 6(3)(b) and 39(a), `Local Government Act 6
1993'-- 7
omit, insert-- 8
`Local Government Act 2009'. 9
Ombudsman Act 2001 10
1 Schedule 3, definition responsible Minister, paragraph 11
(b), `Local Government Act 1993'-- 12
omit, insert-- 13
`Local Government Act 2009'. 14
Parliament of Queensland Act 2001 15
1 Section 68(1)(c), note 2, `Local Government Act 1993, 16
section 224A'-- 17
omit, insert-- 18
`Local Government Act 2009, section 155'. 19
Page 259
Local Government Bill 2009
Schedule 1
Petroleum Act 1923 1
1 Section 79E(1)(b)(ii), `Local Government Act 1993'-- 2
omit, insert-- 3
`Local Government Act 2009'. 4
Petroleum and Gas (Production and Safety) Act 2004 5
1 Section 522(1)(b)(ii), `Local Government Act 1993'-- 6
omit, insert-- 7
`Local Government Act 2009'. 8
Plumbing and Drainage Act 2002 9
1 Sections 83(3)(b) and 86A(9)(b)-- 10
omit, insert-- 11
`(b) ensure a copy of the resolution is available for 12
inspection at the local government's public office under 13
the Local Government Act 2009.'. 14
2 Section 114, hdg, `Local Government Act 1993'-- 15
omit, insert-- 16
`Local Government Act 2009'. 17
3 Section 114(1)(c), `Local Government Act 1993'-- 18
omit, insert-- 19
`Local Government Act 2009'. 20
Page 260
Local Government Bill 2009
Schedule 1
4 Section 114(3)(a), `Local Government Act 1993, section 1
1084'-- 2
omit, insert-- 3
`Local Government Act 2009'. 4
5 Section 114(3)(a), `chapter 15, part 5 of'-- 5
omit. 6
6 Section 143(2)(a)-- 7
omit, insert-- 8
`(a) ensure a copy of the resolution is available for 9
inspection at the local government's public office under 10
the Local Government Act 2009; and'. 11
Police Powers and Responsibilities Act 2000 12
1 Schedule 6, definition community government area-- 13
omit, insert-- 14
`community government area is the local government area of 15
an indigenous local government, that is not an indigenous 16
local government, under the Local Government Act 2009.'. 17
2 Schedule 6, definition mall, paragraph (a), `Local 18
Government Act 1993'-- 19
omit, insert-- 20
`Local Government Act 2009'. 21
Page 261
Local Government Bill 2009
Schedule 1
3 Schedule 6, definition public official, paragraph (c), 1
`Local Government Act 1993'-- 2
omit, insert-- 3
`Local Government Act 2009'. 4
Property Agents and Motor Dealers Act 2000 5
1 Sections 148(b), 187(b) and 225(b)-- 6
omit, insert-- 7
`(b) the land is within a local government area; and'. 8
Prostitution Act 1999 9
1 Schedule 4, definition local government area-- 10
omit. 11
Public Health Act 2005 12
1 Section 19(2), `Local Government Act 1993, section 31'-- 13
omit, insert-- 14
`Local Government Act 2009, section 27'. 15
2 Section 20-- 16
omit, insert-- 17
Page 262
Local Government Bill 2009
Schedule 1
`20 Application of Local Government Act 2009 1
`The Local Government Act 2009, chapter 5, part 2, does not 2
apply to the administration and enforcement of this Act by a 3
local government.'. 4
3 Sections 31(3) and 406(3), `Local Government Act 1993'-- 5
omit, insert-- 6
`Local Government Act 2009'. 7
4 Schedule 2, definition owner, `Local Government Act 8
1993, section 4'-- 9
omit, insert-- 10
`Local Government Act 2009'. 11
Public Records Act 2002 12
1 Section 29(3)(a), `Local Government Act 1993'-- 13
omit, insert-- 14
`Local Government Act 2009'. 15
Public Sector Ethics Act 1994 16
1 Schedule, definitions corporatised corporation and local 17
government legislation-- 18
omit, insert-- 19
`corporatised corporation means a corporate entity under the 20
Local Government Act 2009. 21
Page 263
Local Government Bill 2009
Schedule 1
local government legislation means-- 1
(a) the following Acts-- 2
(i) the City of Brisbane Act 1924; 3
(ii) the Local Government Act 2009; or 4
(b) an Act prescribed under a regulation.'. 5
Public Service Act 2008 6
1 Section 24(2)(b),`Local Government Act 1993, section 7
592'-- 8
omit, insert-- 9
`Local Government Act 2009'. 10
2 Schedule 2, from `Local Government' to `review 11
commissioner'-- 12
omit, insert-- 13
`Local Government Act 2009 14
· a member of the change commission'. 15
Queensland Competition Authority Act 1997 16
1 Schedule-- 17
insert-- 18
`Local Government Act means the Local Government Act 19
2009.'. 20
Page 264
Local Government Bill 2009
Schedule 1
2 Schedule, definition local government Minister, `Local 1
Government Act 1993'-- 2
omit, insert-- 3
`Local Government Act'. 4
3 Schedule, definition local government owned 5
corporation, `Local Government Act 1993, chapter 8, part 6
7'-- 7
omit, insert-- 8
`Local Government Act'. 9
4 Schedule, definition significant business activity, 10
paragraph (a)-- 11
omit, insert-- 12
`(a) for part 3--a significant business entity of a local 13
government under the Local Government Act; or'. 14
Queensland Treasury Corporation Act 1988 15
1 Section 19AAA, `Local Government Act 1993'-- 16
omit, insert-- 17
`Local Government Act 2009'. 18
Racing Venues Development Act 1982 19
1 Section 32, `Local Government Act 1993'-- 20
omit, insert-- 21
`Local Government Act 2009'. 22
Page 265
Local Government Bill 2009
Schedule 1
Registration of Plans (H.S.P. (Nominees) Pty. Limited) 1
Enabling Act 1980 2
1 Section 4, definition road, `Local Government Act 1993'-- 3
omit, insert-- 4
`Local Government Act 2009'. 5
Registration of Plans (Stage 2) (H.S.P. (Nominees) Pty. 6
Limited) Enabling Act 1984 7
1 Section 3, definition road, `Local Government Act 1993'-- 8
omit, insert-- 9
`Local Government Act 2009'. 10
Residential Tenancies Act 1994 11
1 Section 251(1)(a)(i)-- 12
omit, insert-- 13
`(i) an indigenous local government, other than an 14
indigenous regional council, under the Local 15
Government Act 2009; or'. 16
2 Section 252(1)(a)(i), `Local Government Act 1993'-- 17
omit, insert-- 18
`Local Government Act 2009'. 19
Page 266
Local Government Bill 2009
Schedule 1
River Improvement Trust Act 1940 1
1 Section 5(8), from `Local Government Act' to `applies'-- 2
omit, insert-- 3
`Local Government Act 2009, chapter 6, part 2, division 5 applies'. 4
2 Section 14(2A), `joint local government under the Local 5
Government Act 1993'-- 6
omit, insert-- 7
`local government under the Local Government Act 2009'. 8
3 Section 14(2A), second occurrence, (4), (5) and (6), `Local 9
Government Act 1993'-- 10
omit, insert-- 11
`Local Government Act 2009'. 12
Sanctuary Cove Resort Act 1985 13
1 Section 4, definition Albert Shire Council, `Local 14
Government Act 1993'-- 15
omit, insert-- 16
`Local Government Act 2009'. 17
2 Section 5(3), `Local Government Act 1993'-- 18
omit, insert-- 19
`Local Government Act 2009'. 20
Page 267
Local Government Bill 2009
Schedule 1
South Bank Corporation Act 1989 1
1 Sections 17(3), 18(2), 92(2), 100(1), and schedule 4, item 2
64(1), `Local Government Act 1993'-- 3
omit, insert-- 4
`Local Government Act 2009'. 5
South East Queensland Water (Restructuring) Act 6
2007 7
1 Section 65(3)(b)-- 8
omit, insert-- 9
`(b) the Esk-Gatton-Laidley Water Board is a water entity 10
until it ceases to exist;'. 11
2 Schedule 1, entry for Caloundra-Maroochy Water Supply 12
Board-- 13
omit. 14
3 Schedule 3, definition Caloundra-Maroochy Water 15
Supply Board-- 16
omit. 17
4 Schedule 3, definition Esk-Gatton-Laidley Water Board, 18
`joint'-- 19
omit. 20
Page 268
Local Government Bill 2009
Schedule 1
Sugar Industry Act 1999 1
1 Section 75(2)(a), `Local Government Act 1993, section 2
919'-- 3
omit, insert-- 4
`Local Government Act 2009, section 60'. 5
Torres Strait Islander Land Act 1991 6
1 Section 19(1), `Local Government Act 1993'-- 7
omit, insert-- 8
`Local Government Act 2009'. 9
Townsville Breakwater Entertainment Centre Act 1991 10
1 Section 8, `Local Government Act 1993'-- 11
omit, insert-- 12
`Local Government Act 2009'. 13
Townsville City Council (Douglas Land Development) 14
Act 1993 15
1 Section 32, `section 27 of the Local Government Act 16
1936'-- 17
omit, insert-- 18
`the Local Government Act 2009'. 19
Page 269
Local Government Bill 2009
Schedule 1
Transport Infrastructure Act 1994 1
1 Section 89, `Local Government Act 1993'-- 2
omit, insert-- 3
`Local Government Act 2009'. 4
2 Sections 105ZA, 359(5) and 462(a), `Local Government 5
Act 1993'-- 6
omit, insert-- 7
`Local Government Act 2009'. 8
3 Section 303C, hdg, `Local Government Act 1993, section 9
901'-- 10
omit, insert-- 11
`Local Government Act 2009, section 60'. 12
4 Section 303C(1), `Local Government Act 1993, section 13
901'-- 14
omit, insert-- 15
`Local Government Act 2009, section 60'. 16
5 Sections 307, 358(5)(b), 359(7)(a), 362(2)(a) and 377(3)(a), 17
`Local Government Act 1993, section 901(1)'-- 18
omit, insert-- 19
`Local Government Act 2009, section 60'. 20
6 Section 359(8), `taking the necessary steps mentioned in 21
the Local Government Act 1993, section 901(2)'-- 22
omit, insert-- 23
`acting under the Local Government Act 2009, section 60'. 24
Page 270
Local Government Bill 2009
Schedule 1
Transport Operations (Road Use Management) Act 1
1995 2
1 Section 182(2), `Local Government Act 1993'-- 3
omit, insert-- 4
`Local Government Act 2009'. 5
Urban Land Development Authority Act 2007 6
1 Sections 12(4), 20(1)(a) and heading, `Local Government 7
Act 1993'-- 8
omit, insert-- 9
`Local Government Act 2009'. 10
2 Section 101(9), `Local Government Act 1993, section 11
957'-- 12
omit, insert-- 13
`Local Government Act 2009'. 14
3 Section 103(2), `Local Government Act 1993, sections 15
1063, 1070 and 1071'-- 16
omit, insert-- 17
`Local Government Act 2009, sections 144, 146 and 147'. 18
4 Section 129(2), `Local Government Act 1993, section 19
921'-- 20
omit, insert-- 21
`Local Government Act 2009, section 74'. 22
Page 271
Local Government Bill 2009
Schedule 1
Valuation of Land Act 1944 1
1 Section 2, definitions area, NPARC and TSIRC-- 2
omit. 3
2 Section 2-- 4
insert-- 5
`area means a local government area, other than a local 6
government area for an indigenous local government under 7
the Local Government Act 2009.'. 8
3 Sections 29A(1), 30(1)(a), 72(1)(b), 82(2)(d) and 9
101A(7)(c), `Local Government Act 1993'-- 10
omit, insert-- 11
`Local Government Act 2009'. 12
Vegetation Management Act 1999 13
1 Section 7(3) and (4), `Local Government Act 1993, section 14
31'-- 15
omit, insert-- 16
`Local Government Act 2009, section 27'. 17
Water Act 2000 18
1 Section 26(8)(d)-- 19
omit, insert-- 20
Page 272
Local Government Bill 2009
Schedule 1
`(d) if a permit for a levee bank construction under the Local 1
Government Act 2009 is required for the works--the 2
permit has been issued; and'. 3
2 Section 206(3)(b)(iv), `Local Government Act 1993'-- 4
omit, insert-- 5
`Local Government Act 2009'. 6
3 Section 605(3), `Local Government Act 1993'-- 7
omit, insert-- 8
`Local Government Act 2009'. 9
Water Supply (Safety and Reliability) Act 2008 10
1 Section 138(3)-- 11
omit, insert-- 12
`(3) This section applies despite the requirements for levying rates 13
under the Local Government Act.'. 14
2 Section 139(3), `, section 963'-- 15
omit. 16
3 Section 141(4)(a)(i)-- 17
omit, insert-- 18
`(i) the local government includes the information 19
mentioned in section 142 in its annual report 20
prepared under the Local Government Act; and'. 21
Page 273
Local Government Bill 2009
Schedule 1
4 Schedule 3, definition Local Government Act-- 1
omit, insert-- 2
`Local Government Act means the Local Government Act 3
2009.'. 4
Whistleblowers Protection Act 1994 5
1 Schedule 6, definition corporatised corporation-- 6
omit, insert-- 7
`corporatised corporation means a corporate entity under the 8
Local Government Act 2009.'. 9
Workers' Compensation and Rehabilitation Act 2003 10
1 Schedule 6, definition councillor, `Local Government Act 11
1993'-- 12
omit, insert-- 13
`Local Government Act 2009'. 14
Page 274
Local Government Bill 2009
Schedule 2
Schedule 2 Comparative terms for the 1
Brisbane City Council 2
section 5 3
column 1 column 2
term used in this Act term used in the City of Brisbane Act
1924
a local government the Brisbane City Council
a local government area the City of Brisbane
a division of a local government a ward of the City of Brisbane
area
the operating fund of a local the City Fund
government
a quadrennial election a quadrennial election under the City
of Brisbane Act 1924
an election an election under the City of
Brisbane Act 1924
a councillor the mayor and councillors of the
Brisbane City Council
a by-election a separate election to fill a vacancy
in the office of mayor or other
councillor of the Brisbane City
Council
an annual report of a local an annual report of the Brisbane City
government Council
Page 275
Local Government Bill 2009
Schedule 2
the public office of a local the premises kept by the Brisbane
government City Council as its public office and
any place the council has, by
resolution or under a local law,
declared to be its public office for a
stated matter
Page 276
Local Government Bill 2009
Schedule 3
Schedule 3 Dictionary 1
section 6 2
1936 Act means the repealed Local Government Act 1936. 3
1993 Act means the repealed Local Government Act 1993. 4
adopt, by a local government, means adopt by resolution of 5
the local government. 6
advisor see section 117. 7
ancillary works and encroachments means-- 8
(a) cellars; or 9
(b) gates; or 10
(c) temporary rock anchors for building support; or 11
(d) ancillary works and encroachments under the Transport 12
Infrastructure Act. 13
anti-competitive provision means a provision that a regulation 14
identifies as creating barriers to-- 15
(a) entry to a market; or 16
(b) competition within a market. 17
appropriately qualified, in relation to a delegated power, 18
includes having the qualifications, experience or standing to 19
exercise the power. 20
Example of standing-- 21
a person's classification level in the public service 22
approved form see section 266. 23
approved inspection program see section 133(2). 24
auditor-general means the Queensland Auditor-General 25
under the Financial Administration and Audit Act 1977. 26
authorised person means a person who holds office under 27
section 202. 28
Page 277
Local Government Bill 2009
Schedule 3
beginning of the local government's term see section 161(3). 1
beneficial enterprise see section 39. 2
Building Act means the Building Act 1975. 3
building certifying activity see section 47(4). 4
building unit means a lot under-- 5
(a) the Body Corporate and Community Management Act 6
1997; or 7
(b) the Building Units and Group Titles Act 1980; or 8
(c) the Integrated Resort Development Act 1987; or 9
(d) the Mixed Use Development Act 1993; or 10
(e) another Act prescribed under a regulation. 11
business unit, of a local government, is a part of the local 12
government that conducts a business activity of the local 13
government. 14
change commission see section 22. 15
chief executive officer means a person who holds an 16
appointment under section 194. 17
code of competitive conduct see section 47. 18
commercialisation, of a significant business activity, see 19
section 44(2). 20
Commonwealth Super Act means the Superannuation 21
Industry (Supervision) Act 1993 (Cwlth). 22
community forum see section 87(2). 23
conclusion, of the election of a councillor, means the day-- 24
(a) if the election is to the Brisbane City Council-- 25
(i) for a quadrennial election--when the names of all 26
elected candidates are published in the gazette; or 27
(ii) for a by-election (whether or not a poll is 28
conducted)--when the name of the elected 29
candidate is published in the gazette; or 30
(b) if the election is to another local government-- 31
Page 278
Local Government Bill 2009
Schedule 3
(i) for an election of all the councillors--when the last 1
declaration of a poll conducted in the election is 2
displayed in the local government's public office; 3
or 4
(ii) for a by-election when a poll is conducted--when 5
the declaration of the poll is displayed in the local 6
government's public office; or 7
(iii) for a by-election when no poll is conducted--after 8
the nomination day for the by-election; or 9
(iv) if the councillor is automatically elected (other 10
than at a by-election) and a poll is conducted--the 11
day on which the last declaration of a poll is 12
displayed in the local government's public office; 13
or 14
(v) if the councillor is automatically elected (other 15
than at a by-election) and no poll is 16
conducted--6p.m. on the day when a poll would 17
otherwise have been required to be conducted. 18
conflict of interest see section 173(3). 19
consolidated version, of a local law, see section 32. 20
contractor, of a local government, means-- 21
(a) a person who provides services under a contract with the 22
local government; or 23
(b) a person prescribed under a regulation. 24
conviction includes a finding of guilt, and the acceptance of a 25
plea of guilty, by a court, whether or not a conviction is 26
recorded. 27
corporate entity means an entity that has been corporatised 28
under this Act. 29
corporatisation, of a significant business activity, see section 30
44. 31
cost-recovery fee see section 97(2). 32
councillor, of a local government, includes the mayor. 33
court means a court of competent jurisdiction. 34
Page 279
Local Government Bill 2009
Schedule 3
Crime and Misconduct Act means the Crime and Misconduct 1
Act 2001. 2
department's chief executive means the chief executive of the 3
department. 4
deputy electoral commissioner means the deputy electoral 5
commissioner under the Electoral Act. 6
distribute a how-to-vote card-- 7
(a) includes make the card available to other persons; but 8
(b) does not include merely display the card. 9
Examples-- 10
1 A person distributes how-to-vote cards if the person hands the cards 11
to other persons or leaves them at a place for other persons to take 12
away. 13
2 A person does not distribute how-to-vote cards if the person 14
attaches the cards to walls and other structures, merely for display. 15
division, of a local government area, see section 8(3). 16
drafting certificate, for a local law, means a certificate signed 17
by the chief executive officer stating the local law was drafted 18
in accordance with the drafting standards prescribed under a 19
regulation. 20
elect includes re-elect. 21
elector means a person entitled to vote in an election of 22
councillors. 23
Electoral Act means the Electoral Act 1992. 24
electoral commission means the Electoral Commission of 25
Queensland under the Electoral Act. 26
electoral commissioner means the electoral commissioner 27
under the Electoral Act. 28
encumbrance includes any of the following that affects 29
land-- 30
(a) a mortgage, lien or charge; 31
(b) a caveat; 32
(c) an agreement; 33
Page 280
Local Government Bill 2009
Schedule 3
(d) a judgement, writ or process; 1
(e) an interest adverse to the interest of the land's owner; 2
but does not include an easement. 3
establish, a superannuation scheme, includes join in 4
establishing a superannuation scheme. 5
expired conviction means a conviction-- 6
(a) for which the rehabilitation period under the Criminal 7
Law (Rehabilitation of Offenders) Act 1986 has expired; 8
and 9
(b) that is not revived as prescribed by section 11 of that 10
Act. 11
final part of the local government's term see section 161(5). 12
financial controller see section 118. 13
financial management documents see section 104. 14
Forestry Act means the Forestry Act 1959. 15
fresh election means an election of all the councillors of a 16
local government that is not a quadrennial election. 17
full cost pricing, of a significant business activity, see section 18
44(4). 19
full-time government job see section 168(3). 20
government entity has the same meaning as in the 21
Government Owned Corporations Act 1993. 22
grants commission see section 228(1). 23
head of a local government means-- 24
(a) if the local government is constituted by its 25
councillors--the mayor; or 26
(b) if the local government is constituted by its chief 27
executive officer--the chief executive officer; or 28
(c) if the local government is constituted by an interim 29
administrator--the interim administrator. 30
Page 281
Local Government Bill 2009
Schedule 3
home includes-- 1
(a) a room in a boarding house; and 2
(b) a caravan; and 3
(c) a manufactured home within the meaning of the 4
Manufactured Homes (Residential Parks) Act 2003, 5
section 10. 6
Housing Act contract means a contract of sale-- 7
(a) that was entered into under-- 8
(i) the State Housing Act 1945, section 24, before the 9
repeal of that Act; or 10
(ii) the Housing Act 2003, section 113; or 11
(b) under which-- 12
(i) the purchase price, other than the deposit, is 13
payable in 2 or more instalments; or 14
(ii) the sale is of a share in a house and land. 15
how-to-vote card means-- 16
(a) a card, handbill or pamphlet, relating to an election for 17
which optional-preferential voting applies, that-- 18
(i) is or includes a representation of a ballot paper or 19
part of a ballot paper; or 20
(ii) is or includes something apparently intended to 21
represent a ballot paper or part of a ballot paper; or 22
(iii) lists the names of any or all of the candidates for 23
the election with a number indicating an order of 24
voting preference against the names of any or all of 25
the candidates; or 26
(iv) otherwise directs or encourages the casting of 27
preference votes, other than first preference votes, 28
in a particular way; or 29
(b) a card, handbill or pamphlet, relating to an election for 30
which first-past-the-post voting applies, that-- 31
Page 282
Local Government Bill 2009
Schedule 3
(i) is or includes a representation of a ballot paper or 1
part of a ballot paper; or 2
(ii) is or includes something apparently intended to 3
represent a ballot paper or part of a ballot paper; or 4
(iii) directs or encourages the casting of a vote for a 5
number of particular candidates equal to the 6
number of candidates to be elected. 7
identity card of a person means a card that-- 8
(a) identifies the person as an authorised person or local 9
government worker; and 10
(b) contains a recent photo of the person; and 11
(c) contains a copy of the person's signature; and 12
(d) states the expiry date for the identity card. 13
inappropriate conduct see section 176(4). 14
indigenous local government means-- 15
(a) the local government for the following local government 16
areas-- 17
· Cherbourg 18
· Doomadgee 19
· Hope Vale 20
· Kowanyama 21
· Lockhart River 22
· Mapoon 23
· Napranum 24
· Palm Island 25
· Pormpuraaw 26
· Woorabinda 27
· Wujal Wujal 28
· Yarrabah; or 29
(b) an indigenous regional council. 30
Page 283
Local Government Bill 2009
Schedule 3
indigenous regional council see section 81(2). 1
industrial instrument means an industrial instrument under 2
the Industrial Relations Act. 3
Industrial Relations Act means the Industrial Relations Act 4
1999. 5
interim development control provision means an interim 6
development control provision that continues to have effect 7
under the Planning Act, section 6.1.12. 8
interim local law see section 26(4). 9
joint government activity see section 10(2). 10
judicial review is a review under the Judicial Review Act. 11
Judicial Review Act is the Judicial Review Act 1991. 12
land includes-- 13
(a) freehold land; and 14
(b) land held from the State for a leasehold interest; and 15
(c) a mining claim. 16
Land Act means the Land Act 1994. 17
Land Title Act means the Land Title Act 1994. 18
LG super scheme means the Local Government 19
Superannuation Scheme continued in existence under section 20
217. 21
local government see section 8(1). 22
Local Government Act means a law under which a local 23
government performs the local government's responsibilities, 24
including for example-- 25
(a) this Act; and 26
(b) a local law; and 27
(c) the Planning Act; and 28
(d) a planning scheme, and an interim development control 29
provision, under the Planning Act; and 30
(e) the Plumbing and Drainage Act; and 31
Page 284
Local Government Bill 2009
Schedule 3
(f) the Water Act 2000; and 1
(g) the Water Supply (Safety and Reliability) Act 2008. 2
local government area see section 8(2). 3
local government change see section 17(2). 4
Local Government Electoral Act means the Act that replaces 5
the provisions relating to local government elections in the 6
1993 Act. 7
local government employee means-- 8
(a) the chief executive officer; or 9
(b) a person holding an appointment under section 196. 10
local government entity see section 216(3). 11
Local Government (Financial Assistance) Act means the 12
Local Government (Financial Assistance) Act 1995 (Cwlth). 13
local government principles means the principles expressed 14
in the form of outcomes set out in section 4(2). 15
local government worker see section 138(6). 16
local law see section 26(2). 17
long-term asset management plan see section 104(6). 18
long-term community plan see section 104(4). 19
long-term financial plan see section 104(5). 20
material personal interest see section 172(2). 21
middle of the local government's term see section 161(4). 22
mining claim means a mining claim to which the Mineral 23
Resources Act 1989 applies. 24
misconduct see section 176(3). 25
model local law see section 26(8). 26
National Competition Policy Agreements means the 27
following agreements (made between the Commonwealth and 28
the States on 11 April 1995), as in force for the time being-- 29
(a) the Conduct Code Agreement; 30
Page 285
Local Government Bill 2009
Schedule 3
(b) the Competition Principles Agreement; 1
(c) the Agreement to Implement National Competition 2
Policy and Related Reforms. 3
notice of intention to acquire land see section 61(2). 4
occupier, of property, see section 125(6). 5
ordinary business matter, in relation to a person, is-- 6
(a) the remuneration of councillors or members of a local 7
government committee; or 8
(b) the provision of superannuation entitlements or accident 9
insurance for councillors or local government 10
employees; or 11
(c) the terms on which goods, services or facilities are to be 12
offered by the local government for use or enjoyment of 13
the public in the local government area; or 14
(d) the making or levying of rates and charges, or the fixing 15
of a cost-recovery fee, by the local government; or 16
(e) a planning scheme of general application in the local 17
government area; or 18
(f) a matter that is of interest to a person merely as-- 19
(i) an employee of the State or a government entity; or 20
(ii) an elector, ratepayer or resident of the local 21
government area; or 22
(iii) a beneficiary under a policy of accident insurance, 23
public liability or professional indemnity insurance 24
held, or to be held, by the local government; or 25
(iv) a user of goods, services or facilities supplied, or to 26
be supplied, by the local government (whether 27
under a contract or otherwise) as a member of the 28
public in common with other members of the 29
public; or 30
(v) a candidate for election or appointment as a mayor, 31
deputy mayor or member of a committee of the 32
local government. 33
Page 286
Local Government Bill 2009
Schedule 3
overall State interest is-- 1
(a) an interest that the Minister considers affects the 2
economic, environmental or social interest of all or part 3
of the State; or 4
(b) an interest that the Minister considers affects the interest 5
of ensuring there is an accountable, effective, and 6
efficient system of local government; or 7
(c) an interest prescribed under a regulation. 8
owner of land-- 9
(a) means-- 10
(i) a registered proprietor of freehold land; or 11
(ii) a purchaser of freehold land from the State under 12
an Act; or 13
(iii) a purchaser of land under a Housing Act contract; 14
or 15
(iv) a person who has a share in land that the person 16
bought under a Housing Act contract; or 17
(v) a lessee of land held from the State, and a manager, 18
overseer or superintendent of the lessee who lives 19
on the land; or 20
(vi) the holder of a mining claim or lease; or 21
(vii) the holder of land mentioned in the Mineral 22
Resources Act 1989, schedule, definition owner; or 23
(viii) a lessee under the Petroleum Act 1923 or the 24
Petroleum and Gas (Production and Safety) Act 25
2004; or 26
(ix) a lessee of land held from a government entity or 27
local government; or 28
(x) the holder of an occupation permit or stock grazing 29
permit under the Forestry Act or of a permit 30
prescribed under a regulation; or 31
Page 287
Local Government Bill 2009
Schedule 3
(xi) the holder of a permission to occupy from the chief 1
executive of the department responsible for the 2
administration of the Forestry Act; or 3
(xii) the holder of a permit to occupy under the Land 4
Act; or 5
(xiii) a licensee under the Land Act; or 6
(xiv) for land on which there is a structure subject to a 7
time share scheme--the person notified to the local 8
government concerned as the person responsible 9
for the administration of the scheme as between the 10
participants in the scheme; or 11
(xv) another person who is entitled to receive rent for 12
the land; or 13
(xvi) another person who would be entitled to receive 14
rent for the land if it were leased at a full 15
commercial rent; but 16
(b) does not include the State, or a government entity, 17
except as far as the State or government entity is liable 18
under an Act to pay rates. 19
Planning Act means the Integrated Planning Act 1997. 20
planning and accountability documents see section 104(3). 21
Planning and Environment Court see the Planning Act. 22
planning scheme has the meaning given in the Planning Act, 23
section 2.1.1. 24
Plumbing and Drainage Act means the Plumbing and 25
Drainage Act 2002. 26
political party means an organisation registered as a political 27
party under the Electoral Act. 28
private property see section 125(4). 29
private sector means an entity that is not-- 30
(a) the Commonwealth or a State; or 31
(b) a State authority; or 32
(c) a local government. 33
Page 288
Local Government Bill 2009
Schedule 3
property means land, any structure on the land, and a vehicle. 1
public office, of a local government, see section 261. 2
public place see section 125(5). 3
public thoroughfare easement is an easement created 4
under-- 5
(a) the Land Act, chapter 6, part 4, division 8; or 6
(b) the Land Title Act, part 6, division 4. 7
public utilities means-- 8
(a) works for the supply of drainage, electricity, gas, 9
sewerage, telecommunications or water; or 10
(b) works for an infrastructure corridor under the State 11
Development and Public Works Organisation Act 1971, 12
section 82; or 13
(c) works for a purpose mentioned in the State Development 14
and Public Works Organisation Act 1971, section 125; 15
or 16
(d) other works that is declared under a regulation to be a 17
public utility. 18
quadrennial election means the election for local 19
governments that is held in 2012, and every fourth year after 20
2012. 21
rateable land see section 93(2). 22
rates includes any interest accrued, or premium owing, on the 23
rates. 24
reasonable proportion of electors see section 15(2). 25
regional conduct review panel see section 176(7). 26
registered officer, of a political party, means the registered 27
officer of the political party under the Electoral Act. 28
registrar of titles means the public authority responsible for 29
registering title to land and dealings affecting land. 30
remedial action see section 113(2). 31
remedial notice see section 138(2). 32
Page 289
Local Government Bill 2009
Schedule 3
remuneration category means a remuneration category 1
prescribed under a regulation. 2
resolution, of a local government, means the formal decision 3
of the local government at a local government meeting. 4
responsibility includes a function. 5
reward does not include-- 6
(a) a councillor's remuneration as a councillor; or 7
(b) an amount decided under the deed under the 8
Superannuation (State Public Sector) Act 1990 in 9
relation to a transferring member within the meaning of 10
section 32A of that Act; or 11
(c) reasonable expenses actually incurred for any 1 or more 12
of the following-- 13
(i) accommodation; 14
(ii) meals; 15
(iii) domestic air travel; 16
(iv) taxi fares or public transport charges; 17
(v) motor vehicle hire; or 18
(d) an amount paid as a pension or otherwise for past 19
service in a full-time government job. 20
road see section 59(2). 21
roads activity see section 47(5). 22
sanitary drain-- 23
(a) means a drain that is immediately connected to, and 24
used to carry discharges from, a soil or waste pipe; but 25
(b) does not include a pipe that is a part of a drain for 26
carrying off effluent from a property after treatment in 27
an on-site sewerage facility. 28
sewerage treatment system means the infrastructure used to 29
receive, transport and treat sewage or effluent (including 30
sewers, access chambers, machinery, outfalls, pumps, 31
structures and vents, for example). 32
Page 290
Local Government Bill 2009
Schedule 3
sign, a thing, includes the making of a mark on the thing in 1
front of someone else who signs the thing as witness. 2
significant business activity see section 43(4). 3
State-controlled road has the meaning given in the Transport 4
Infrastructure Act. 5
State office, of the department, means the office of the 6
department at the address prescribed under a regulation. 7
Statutory Bodies Financial Arrangements Act means the 8
Statutory Bodies Financial Arrangements Act 1982. 9
stormwater drain see section 76(2). 10
stormwater installation see section 76(3). 11
structure means anything that is built or constructed, whether 12
or not it is attached to land. 13
subordinate local law see section 26(5). 14
super board see section 208. 15
sustainable development is development that is designed to 16
meet present needs while also taking into account future costs 17
(including costs to the environment and the depletion of 18
natural resources, for example). 19
time share scheme, for a structure, means a scheme that is to 20
operate for at least 3 years during which time the participants 21
in the scheme are, or may become, entitled to use, occupy or 22
possess the structure, or part of the structure, for 2 or more 23
periods. 24
Transport Infrastructure Act means the Transport 25
Infrastructure Act 1994. 26
tribunal see section 183. 27
trust deed means a trust deed made by the super board. 28
trustee council see section 82(2). 29
trust land see section 82(3). 30
Page 291
© State of Queensland 2009
AMENDMENTS TO BILL
Local Government Bill 2009
Local Government Bill 2009
Amendments agreed to during Consideration
1 Clause 2 (Commencement)--
At page 18, lines 6 to 8--
omit, insert--
`(1) Amendments 20 and 21 of the Local Government Act 1993 in
schedule 1 commence on assent.
`(2) The following provisions commence immediately before the
repeal of the Local Government Act 1993 under section 287--
(a) section 283A;
(b) the remaining amendments of the Local Government Act
1993 in schedule 1;
(c) schedule 1A.
`(3) Chapter 9, part 1 commences on 1 July 2009.
`(4) The remaining provisions of the Act commence on a day to be
fixed by proclamation.'.
2 Clause 12 (Responsibilities of councillors)--
At page 23, line 30--
omit, insert--
`government's performance;
(e) complying with the Queensland Contact with Lobbyists
Code.'.
3 Clause 13 (Responsibilities of local government
employees)--
At page 25, line 30, after `Ethics Act 1994'--
insert--
Page 1
Local Government Bill 2009
`(including the Queensland Contact with Lobbyists Code, for
example)'.
4 Clause 17 (What this part is about)--
At page 28, line 18--
omit, insert--
`(d) the name of a local government area; or
(e) the classification of a local government area (from a
town to a city, for example).'.
5 Clause 95 (Overdue rates are a charge over land)--
At page 91, line 18, after `Overdue rates'--
insert--
`and charges'.
6 Clause 95 (Overdue rates are a charge over land)--
At page 91, lines 20, 21 and 28, and page 92, lines 6, 11 and
13, after `overdue rates'--
insert--
`and charges'.
7 Clause 96 (Regulations for rates and charges)--
At page 92, lines 20 and 21, after `rates'--
insert--
`and charges'.
8 Clause 105 (Auditing, including internal auditing)--
At page 99, line 8--
omit, insert--
`Financial Accountability Act 2009.'.
Page 2
Local Government Bill 2009
9 Clause 217 (LG super scheme)--
At page 185, after line 11--
insert--
`(3) In particular, the trust deed must provide for--
(a) the yearly contribution that a local government must
make for a permanent employee, based on the advice of
an actuary; and
(b) the terms and conditions on which the super board must
obtain advice from an actuary in relation to the funds
that the super board administers.
`(4) An actuary is an accredited member, or a fellow, of the
Institute of Actuaries of Australia.'.
10 Clause 220 (Amount of compulsory contributions)--
At page 188, lines 1 to 34, and page 189, lines 1 to 14--
omit, insert--
`220 Amount of compulsory contributions
`(1) The yearly contribution that a local government must make
for a permanent employee is the amount stated, from time to
time, in the trust deed.
`(2) The yearly contribution is taken to include any contributions
that are required to be made under an industrial instrument.
`(3) The local government need not pay an amount as a
contribution to the extent that the amount can not be accepted
by a regulated superannuation fund under the Commonwealth
Super Act.
Editor's note--
See the Superannuation Industry (Supervision) Regulations 1994
(Cwlth), regulation 7.04.
`(4) The local government must pay the yearly contribution within
the time stated in the trust deed.
`(5) The permanent employee must also make a yearly
contribution calculated at the following rate--
Page 3
Local Government Bill 2009
(a) if the employee is a special permanent employee--5%
of the employee's salary under the trust deed;
(b) if the employee is a standard permanent employee--6%
of the employee's salary under the trust deed.
`(6) A special permanent employee is a permanent employee
who, immediately before 1 July 1995, was required to make
superannuation contributions under the repealed Local
Government Superannuation Act 1985 at the rate of 5% of the
employee's salary under the trust deed.
`(7) A standard permanent employee is a permanent employee
who--
(a) immediately before 1 July 1995, was required to make
superannuation contributions under the repealed Local
Government Superannuation Act 1985 at the rate of 6%
of the employee's salary under the trust deed; or
(b) immediately before the repeal of the Local Government
(Community Government Areas) Act 2004, was a
permanent employee of a community government under
that Act; or
(c) started employment on or after 1 July 1995.
`(8) A permanent employee need not make the yearly contribution
under subsection (5) if the local government makes the
contribution, in accordance with the employee's remuneration
agreement, as well as the yearly contribution that the local
government is required to make under this Act.'.
11 Clause 231 (Members of grants commission)--
At page 194, lines 16 and 17--
omit, insert--
`(b) at least 1 member has knowledge of local government in
relation to local government areas of indigenous
regional councils and other indigenous local
governments; and
(c) the other members have knowledge of local
government.'.
Page 4
Local Government Bill 2009
12 After clause 283 (Continuation of instruments to
implement reform)--
At page 217, after line 17--
insert--
`283A Continuation of electoral and related provisions
`(1) Schedule 1A contains provisions of the 1993 Act about local
government elections.
`(2) The Local Government (Community Forums) Regulation 2008
continues in force.
`(3) This section and schedule 1A expire on 31 December 2010.'.
13 After clause 307 (Amendment of s 112 (Additional entry
powers for particular dogs))--
At page 226, after line 5--
insert--
`307A Amendment of s 130 (Return of dog if not regulated dog)
`(1) Section 130, heading, `dog if not regulated'--
omit, insert--
`particular'.
`(2) Section 130(1)(a), from `person' to `; and'--
omit, insert--
`person--
(i) reasonably suspected it was a regulated dog; or
(ii) considers a proposed declaration notice should be
given for the dog; and'.
`(3) Section 130(1)(b), `regulated dog'--
omit, insert--
`dog mentioned in paragraph (a)'.'.
Page 5
Local Government Bill 2009
14 Clause 308 (Amendment of s 131 (Return of regulated
dog to registered owner))--
At page 226, lines 8 to 10--
omit, insert--
`(1) Section 131, heading, `regulated'--
omit, insert--
`particular'.
`(2) Section 131(1), after `regulated dog'--
insert--
`, or a dog for which a proposed declaration notice is being
made,'.
`(3) Section 131(2)(d), from `if--' to `applying for the dog.'--
omit, insert--
`if the dog is a regulated dog--the authorised person is
reasonably satisfied the owner of or a responsible person for
the dog has not complied with a permit condition for the dog.'.
`(4) Section 131(2)--
insert--
`(e) if the dog is a dog for which a proposed declaration
notice is being made--a regulated dog declaration for
the dog has not yet been made.'.
`(5) Section 131(3)(c), `subsection (2)(d)(ii)'--
omit, insert--
`subsection (2)(d)'.
`(6) Section 131(3)--
insert--
`(d) if subsection (2)(e) applies--the regulated dog
declaration for the dog has been made.'.'
Page 6
Local Government Bill 2009
15 Clause 318 (Replacement of ss 195 and 196)--
(1) At page 229, lines 24 and 25, `complainant'--
omit, insert--
`defendant'.
(2) At page 229, line 26, `complainant's'--
omit, insert--
`defendant's'.
16 After clause 325 (Insertion of new ss 217A and 217B)--
At page 233, after line 14--
insert--
`325A Insertion of new s 221A
Chapter 10--
insert--
`221A References to address of place stated in registration
notice for cat or dog
`(1) This section applies to a local government, other than a
designated local government, until the deferred date.
`(2) A reference in this Act to the address of the place stated in the
registration notice for a cat or dog is taken to be a reference to
the place where the cat or dog is usually kept or proposed to
kept.'.'.
17 Clause 327 (Amendment of sch 2 (Dictionary))--
At page 235, after line 19--
insert--
`(3A) Schedule 2, definition authorised implanter, after
`regulation'--
insert--
`or approved by the chief executive'.'.
Page 7
Local Government Bill 2009
18 Schedule 1 (Acts amended)--
At page 242, after line 17--
insert--
`1A Section 109B(2)(c)--
omit, insert--
`(c) if the council fixes a cost-recovery fee for the financial
year--the criteria used to decide the amount of all
cost-recovery fees fixed for the year.'.'.
19 Schedule 1 (Acts amended)--
At page 243, line 12, `regulatory'--
omit, insert--
`cost-recovery'.
20 Schedule 1 (Acts amended)--
At page 247, lines 18 to 20--
omit.
21 Schedule 1 (Acts amended)--
At page 257, after line 14--
insert--
`Local Government Act 1993
`1 Section 5--
relocate to the Local Government Act 2009, and in that Act
insert in schedule 1A as section 5.
`2 Section 7(1)(a)--
omit.
Page 8
Local Government Bill 2009
`3 Section 7--
relocate to the Local Government Act 2009, and in that Act
insert in schedule 1A as section 7.
`4 Section 298(1), `chapter 4, part 1, division 2'--
omit, insert--
`sections 152 to 156 of the Act'.
`5 Section 353(1)--
omit, insert--
`(1) This section applies if, under section 326, separate ballot
papers are used in polls for elections of the mayor and another
councillor conducted on the same day.'.
`6 Section 408(1), `section 164(1)'--
omit, insert--
`section 123 of the Act'.
`7 Section 408(2), `reviewable local government matter
under chapter 3, part 1'--
omit, insert--
`local government change under chapter 2, part 3 of the Act'.
`8 Section 408(3)--
omit.
`9 Section 427(3)(a), `under section 242(1)(a)'--
omit, insert--
`, in the approved form, to the chief executive officer before
making the declaration of office under section 169 of the
Act,'.
Page 9
Local Government Bill 2009
`10 Section 427A(3)(a), `under section 242(1)(a)'--
omit, insert--
`, in the approved form, to the chief executive officer before
making the declaration of office under section 169 of the
Act,'.
`11 Section 429(3)(b), `section 222'--
omit, insert--
`section 153 of the Act'.
`12 Section 433(2)(a), `or section 242'--
omit.
`13 Section 436(3), `or section 242'--
omit.
`14 Section 440(2), `section 222'--
omit, insert--
`section 153 of the Act'.
`15 Section 441D(5)--
omit.
`16 Chapter 5, parts 1 to 4 (sections 266 to 283)--
relocate to the Local Government Act 2009, and in that Act
insert in schedule 1A as chapter 5, parts 1 to 4 (sections 266 to
283).
Page 10
Local Government Bill 2009
`17 Chapter 5, parts 6 to 9 (sections 289 to 441F)--
relocate to the Local Government Act 2009, and in that Act
insert in schedule 1A as chapter 5, parts 6 to 9 (sections 289 to
441F).
`18 Section 1077A(2)--
omit, insert--
`(2) Section 242 of the Act does not apply to this section.'.
`19 Section 1077A--
relocate to the Local Government Act 2009, and in that Act
insert in schedule 1A as section 1077A.
`20 Section 1180--
insert--
`(4) Without limiting subsection (2), the trust deed must provide
for--
(a) the yearly contribution that a local government must
make for a permanent employee, based on the advice of
an actuary; and
(b) the terms and conditions on which the super board must
obtain advice from an actuary in relation to the funds
that the super board administers.
`(5) An actuary is an accredited member, or a fellow, of the
Institute of Actuaries of Australia.'.
`21 Section 1182(2)--
omit, insert--
`(2) The yearly contribution that the local government must make
is the amount stated, from time to time, in the trust deed.'.
Page 11
Local Government Bill 2009
`22 Schedule 2, definition area--
omit, insert--
`area means a local government area.'.
`23 Schedule 2, definition code of conduct--
omit, insert--
`code of conduct see section 441B.'.
`24 Schedule 2, definition returning officer--
omit, insert--
`returning officer means--
(a) the chief executive officer; or
(b) a person appointed under a regulation as a returning
officer.'.
`25 Schedule 2, definitions area, code of conduct,
commissioner, conclusion, continuing candidate, cut off
day, declaration envelope, declaration form, declaration
vote, declaration voter, distribute, division, elect,
election, election matter, election period, elector,
electoral commission, electoral officer, electoral paper,
electoral roll, exhausted ballot paper, fresh election,
how-to-vote card, infringement notice, infringement
notice offence, institution, issuing officer, mobile polling
booth, nomination day, open to inspection, ordinary
polling booth, ordinary voting hours, place, political
party, polling booth, polling day, postal ballot election,
returning officer, voters roll and voting hours--
relocate to the Local Government Act 2009, and in that Act
insert in schedule 1A, section 1, after `In this schedule--'.'.
Page 12
Local Government Bill 2009
22 Schedule 1 (Acts amended)--
At page 258, line 20, after `overdue rates'--
insert--
`and charges'.
23 After schedule 1--
At page 274, after line 14--
insert--
`Schedule 1A Local government elections
section 283A
`1 Definitions
`In this schedule--'.
24 Schedule 3 (Dictionary)--
At page 278, after line 15--
insert--
`charges includes any interest accrued, or premium owing, on
the charges.'.
25 Schedule 3 (Dictionary)--
At page 285, lines 5 to 7--
omit, insert--
`Local Government Electoral Act means the provisions of the
1993 Act relating to local government elections that continue
in force under section 283A.'.
Page 13
Local Government Bill 2009
26 Schedule 3 (Dictionary)--
At page 289, after line 21--
insert--
`Queensland Contact with Lobbyists Code means the
Queensland Contact with Lobbyists Code made under the
Public Sector Ethics Act 1994.'.
© State of Queensland 2009
[Index] [Search] [Download] [Related Items] [Help]