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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia City of Perth Bill 2015 Contents Part 1 -- Preliminary 1. Short title 2 2. Commencement 2 3. Terms used 2 4. Objects 3 5. Relationship with Local Government Act 1995 3 Part 2 -- City of Perth Division 1 -- City of Perth 6. City of Perth continued 4 7. Perth is capital of Western Australia 4 8. Objects of City of Perth 4 Division 2 -- City of Perth Council 9. Representation on City of Perth Council 6 10. Special role of Lord Mayor 6 11. General roles of Lord Mayor and councillors 7 Division 3 -- City of Perth Committee 12. City of Perth Committee 8 13. Functions of Committee 9 14. Meetings of Committee 10 15. Committee may regulate own procedure 10 Division 4 -- Boundaries of City of Perth 16. Future alteration to City of Perth boundaries only to be made by Act of Parliament 10 17. Existing City of Perth boundaries to continue until 30 June 2016 11 18. City of Perth boundaries on and after 1 July 2016 11 19. Boundaries of other local government districts changed 11 135--2 page i City of Perth Bill 2015 Contents Division 5 -- Electoral matters 20. Election of Lord Mayor 12 Division 6 -- Application of Local Government Act 1995 21. Local Government Act 1995 applies as if things done by section 2.1 order 12 Part 3 -- Miscellaneous, transitional and savings provisions Division 1 -- Review of City of Subiaco ward boundaries and councillor numbers 22. City of Subiaco may review ward boundaries and councillor numbers 14 Division 2 -- Provisions consequential on repeal of City of Perth Restructuring Act 1993 23. Preservation of rights of City of Perth superannuation scheme members who became employees of other local governments 15 Division 3 -- Miscellaneous 24. Regulations 16 Division 4 -- Transitional and savings provisions 25. Transitional regulations 16 Part 4 -- Repeal and amendments to other Acts Division 1 -- Repeal 26. City of Perth Restructuring Act 1993 repealed 19 Division 2 -- Botanic Gardens and Parks Authority Act 1998 amended 27. Act amended 19 28. Section 44A inserted 19 44A. Executive Director, Public Health responsible for public health matters 19 29. Section 53A inserted 21 53A. Local laws do not apply to King's Park 21 page ii City of Perth Bill 2015 Contents Division 3 -- Local Government Act 1960 Part VIA amended 30. Act amended 21 31. Section 170B amended 21 32. Section 170C amended 22 Division 4 -- Local Government Act 1995 amended 33. Act amended 22 34. Section 5.78 amended 22 35. Section 5.82 amended 22 36. Section 5.83 amended 23 37. Sections 5.89A and 5.89B inserted 24 5.89A. Register of gifts and contributions to travel 24 5.89B. Offence to fail to disclose under sections 5.82 and 5.83 25 38. Section 5.89 amended 25 39. Section 9.25 amended 25 Schedule 1 -- Map of City of Perth (effective 1 July 2016) (indicative only) Defined terms page iii Western Australia LEGISLATIVE ASSEMBLY (As amended during consideration in detail) City of Perth Bill 2015 A Bill for An Act to -- • continue the City of Perth as a local government district but redefine its boundaries; and • recognise Perth as the capital of Western Australia and the special significance of the role and responsibilities of the City of Perth that flow from that; and • establish a City of Perth Committee with functions that include the facilitation of collaboration between the State and the City of Perth; and • repeal the City of Perth Restructuring Act 1993; and • make consequential and other amendments to the Botanic Gardens and Parks Authority Act 1998, the Local Government Act 1960 Part VIA and the Local Government Act 1995; and • provide for related matters. The Parliament of Western Australia enacts as follows: page 1 City of Perth Bill 2015 Part 1 Preliminary s. 1 1 Part 1 -- Preliminary 2 1. Short title 3 This is the City of Perth Act 2015. 4 2. Commencement 5 This Act comes into operation as follows -- 6 (a) Part 1 -- on the day on which this Act receives the 7 Royal Assent; 8 (b) the rest of the Act -- on the day after that day. 9 3. Terms used 10 In this Act -- 11 Authority means the Western Australian Land Information 12 Authority established by the Land Information Authority 13 Act 2006 section 5; 14 City of Perth means the body corporate continued by 15 section 6(1); 16 City of Perth Council means the council of the City of Perth; 17 Committee means the City of Perth Committee established by 18 section 12(1); 19 councillor means a person who holds the office of councillor on 20 the City of Perth Council; 21 Deposited Plan, followed by a number, means the deposited 22 plan of that number -- 23 (a) lodged with the Authority; and 24 (b) certified by an authorised land officer (as defined in the 25 Land Administration Act 1997 section 3(1)); and 26 (c) available -- 27 (i) in paper form at the Authority's head office; and 28 (ii) in electronic form on the Authority's official 29 website; page 2 City of Perth Bill 2015 Preliminary Part 1 s. 4 1 Lord Mayor means the Lord Mayor of Perth. 2 4. Objects 3 The objects of this Act are -- 4 (a) to recognise, promote and enhance -- 5 (i) the special social, economic, cultural, 6 environmental and civic role that the City of 7 Perth plays because Perth is the capital of 8 Western Australia; and 9 (ii) the important role that the City of Perth plays in 10 representing the broader Perth area and the State 11 of Western Australia on both a national and 12 international level; 13 and 14 (b) to provide for the constitution of the City of Perth 15 Council and recognise the unique role and 16 responsibilities of the Lord Mayor of Perth and City of 17 Perth councillors; and 18 (c) to establish a City of Perth Committee as a means of 19 facilitating collaboration between the State and the City 20 of Perth; and 21 (d) to revise the boundaries of the City of Perth. 22 5. Relationship with Local Government Act 1995 23 If a provision of this Act conflicts or is inconsistent with the 24 Local Government Act 1995, this Act prevails to the extent of 25 the conflict or inconsistency. page 3 City of Perth Bill 2015 Part 2 City of Perth Division 1 City of Perth s. 6 1 Part 2 -- City of Perth 2 Division 1 -- City of Perth 3 6. City of Perth continued 4 (1) There continues to be a body corporate called the City of Perth. 5 (2) The City of Perth is the same body corporate that was continued 6 by the City of Perth Restructuring Act 1993 section 9(4). 7 (3) The City of Perth continues to be a local government district 8 that is a city. 9 7. Perth is capital of Western Australia 10 Perth is the capital of Western Australia. 11 8. Objects of City of Perth 12 (1) The objects of the City of Perth are as follows -- 13 (a) to provide for the good government of persons in the 14 City of Perth, including residents, ratepayers and 15 visitors; 16 (b) to represent the community and encourage community 17 participation in decision-making; 18 (c) to provide a safe, clean and aesthetic environment for 19 community members, people who work in the City of 20 Perth, visitors and tourists; 21 (d) to continuously improve the services and facilities that 22 the City of Perth provides to the community and to 23 local, interstate and international visitors and tourists; 24 (e) to promote awareness of the facilities and events 25 provided or facilitated by the City of Perth and 26 encourage the community to make use of or participate 27 in them; 28 (f) to initiate and promote the continued growth and 29 environmentally sustainable development of the City of page 4 City of Perth Bill 2015 City of Perth Part 2 City of Perth Division 1 s. 8 1 Perth and ensure its continued role as a thriving centre 2 of business with vibrant cultural and entertainment 3 precincts, while enhancing and protecting its natural 4 environment and having due regard to the flow-on 5 impact on the Perth metropolitan area; 6 (g) to maintain and strengthen the local, national and 7 international reputation of the Perth metropolitan area as 8 an innovative, sustainable and vibrant global city that 9 attracts and welcomes everyone; 10 (h) to nurture and support the initiatives and innovations of 11 the diverse precincts of the City of Perth; 12 (i) to develop and maintain collaborative 13 inter-governmental relationships at regional, State, 14 national and international levels with a view to 15 developing and implementing strategies for the 16 continued improvement of the City of Perth; 17 (j) in achieving its objects, to use its best endeavours to 18 strike an appropriate balance among the complementary 19 and competing civic, economic, social, cultural and 20 environmental considerations, including considerations 21 relating to visitors and tourists. 22 (2) This section does not -- 23 (a) limit the role, functions, powers and obligations of the 24 City of Perth or the City of Perth Council under the 25 Local Government Act 1995 or any other written law; or 26 (b) impose on the City of Perth or the City of Perth Council 27 any obligation that is enforceable in a court of law; or 28 (c) confer on any person any legal right that is enforceable 29 in a court of law. page 5 City of Perth Bill 2015 Part 2 City of Perth Division 2 City of Perth Council s. 9 1 Division 2 -- City of Perth Council 2 9. Representation on City of Perth Council 3 The City of Perth Council consists of -- 4 (a) a mayor, called the Lord Mayor of Perth; and 5 (b) 8 councillors. 6 10. Special role of Lord Mayor 7 (1) The role of the Lord Mayor is as follows -- 8 (a) to act as an ambassador for the City of Perth in hosting 9 international delegations and attending local, regional, 10 State, national and international civic functions and 11 events; 12 (b) to carry out civic and ceremonial duties associated with 13 the office of Lord Mayor; 14 (c) to develop and maintain inter-governmental 15 relationships at regional, State, national and 16 international levels, and as part of that to develop and 17 implement strategies and policies that seek to ensure 18 consistency in policies and strategic direction at all 19 levels of government; 20 (d) to provide leadership and guidance to the City of Perth 21 Council; 22 (e) to preside at meetings in accordance with the Local 23 Government Act 1995; 24 (f) to speak on behalf of the City of Perth; 25 (g) to liaise with the chief executive officer of the City of 26 Perth on the City of Perth's affairs and the performance 27 of its functions; 28 (h) to perform whatever other functions are given to the 29 Lord Mayor by this Act, the Local Government Act 1995 30 or any other written law. page 6 City of Perth Bill 2015 City of Perth Part 2 City of Perth Council Division 2 s. 11 1 (2) This section does not limit -- 2 (a) the role, functions, powers, obligations and 3 responsibilities of the Lord Mayor under the Local 4 Government Act 1995 or any other written law; or 5 (b) the application of the Local Government Act 1995 6 sections 2.9, 5.34 and 5.35 in relation to the 7 performance of the functions of the Lord Mayor. 8 11. General roles of Lord Mayor and councillors 9 (1) In addition to the role set out in section 10, the role of the Lord 10 Mayor includes the matters set out in subsection (2)(a) to (j). 11 (2) The role of a councillor is as follows -- 12 (a) to represent the interests of electors, ratepayers and 13 residents of the City of Perth; 14 (b) to serve the current and future interests of the 15 community in the City of Perth; 16 (c) to provide leadership and guidance to the community in 17 the City of Perth; 18 (d) to facilitate communication between the community and 19 the City of Perth Council; 20 (e) to participate in the City of Perth Council's 21 decision-making processes at council and committee 22 meetings; 23 (f) to participate in the determination, oversight and regular 24 review of the following matters, as required by the Local 25 Government Act 1995 or any other written law -- 26 (i) the City of Perth Council's policies, goals, 27 finances, resource allocation, expenditure and 28 corporate strategies; 29 (ii) the efficiency and effectiveness of the City of 30 Perth Council's service delivery, the 31 performance standards for that service delivery page 7 City of Perth Bill 2015 Part 2 City of Perth Division 3 City of Perth Committee s. 12 1 and the monitoring of those performance 2 standards; 3 (g) in matters that relate to the unique responsibilities of the 4 City of Perth that flow from Perth's status as capital of 5 Western Australia, to seek to ensure that -- 6 (i) an appropriate balance is struck among 7 economic, social, cultural and environmental 8 considerations; and 9 (ii) the flow-on effects on the broader metropolitan 10 area are considered; 11 (h) to have due regard to the objects of the City of Perth in 12 informing the City of Perth Council's work and in the 13 making of decisions by the Council; 14 (i) to participate in achieving a vision for the desired future 15 of the City of Perth through the formulation of strategic 16 plans and policies that align with the objects of the City 17 of Perth; 18 (j) to ensure that the City of Perth Council discharges its 19 responsibilities under this Act, the Local Government 20 Act 1995 and any other written law; 21 (k) to perform whatever other functions are given to a 22 councillor by this Act, the Local Government Act 1995 23 or any other written law. 24 (3) This section does not limit the roles, functions, powers, 25 obligations and responsibilities of the Lord Mayor or 26 councillors under the Local Government Act 1995 or any other 27 written law. 28 Division 3 -- City of Perth Committee 29 12. City of Perth Committee 30 (1) A committee called the City of Perth Committee is established. page 8 City of Perth Bill 2015 City of Perth Part 2 City of Perth Committee Division 3 s. 13 1 (2) The membership of the Committee is as follows -- 2 (a) the Premier of the State or a Minister of the Crown 3 nominated by the Premier, who is the Chair of the 4 Committee; 5 (b) the Minister to whom the administration of the Local 6 Government Act 1995 is committed by the Governor 7 (the Minister for Local Government); 8 (c) the Lord Mayor; 9 (d) the Deputy Lord Mayor of Perth; 10 (e) the chief executive officer of the City of Perth; 11 (f) the chief executive officer of the Department of the 12 Public Service principally assisting the Minister for 13 Local Government in the administration of the Local 14 Government Act 1995. 15 (3) The Premier may invite any Minister of the Crown, 16 Parliamentary Secretary or other member of Parliament to 17 attend a meeting of the Committee. 18 13. Functions of Committee 19 The Committee's functions are as follows -- 20 (a) to facilitate collaboration between the State and the City 21 of Perth in order to further -- 22 (i) the object set out in section 4(a); and 23 (ii) the objects of the City of Perth set out in 24 section 8; 25 (b) to identify and promote opportunities and strategies for 26 strengthening the economic, cultural, social, physical 27 and environmental development and growth of the Perth 28 Central Business District and other residential and 29 non-residential areas of the City of Perth; 30 (c) to assist in the identification and development of 31 mechanisms that promote greater integration between page 9 City of Perth Bill 2015 Part 2 City of Perth Division 4 Boundaries of City of Perth s. 14 1 the State's planning and development processes and 2 those of the City of Perth; 3 (d) to identify and promote opportunities to improve, 4 simplify and streamline the requirements and processes 5 of the City of Perth with respect to development 6 applications under the Planning and Development 7 Act 2005; 8 (e) to develop and promote more efficient and effective 9 transitioning arrangements for developments that are 10 undertaken by or on behalf of the State and that are to 11 become wholly or partly the responsibility of the City of 12 Perth; 13 (f) to identify and develop other opportunities to further -- 14 (i) the object set out in section 4(a); and 15 (ii) the objects of the City of Perth set out in 16 section 8; 17 (g) to do anything that is incidental to the functions set out 18 in paragraphs (a) to (f). 19 14. Meetings of Committee 20 (1) The Committee must meet at least twice each year. 21 (2) The Premier decides when the Committee is to meet. 22 15. Committee may regulate own procedure 23 The Committee may regulate its procedure in whatever manner 24 it thinks fit. 25 Division 4 -- Boundaries of City of Perth 26 16. Future alteration to City of Perth boundaries only to be 27 made by Act of Parliament 28 After 1 July 2016, any future alteration to the boundaries of the 29 district of Perth may only be made by Act of Parliament. page 10 City of Perth Bill 2015 City of Perth Part 2 Boundaries of City of Perth Division 4 s. 17 1 17. Existing City of Perth boundaries to continue until 2 30 June 2016 3 (1) Until the end of 30 June 2016, the district of Perth continues to 4 have the boundaries that it had immediately before this section 5 comes into operation. 6 (2) However, this section does not prevent the subsequent making 7 of an order under the Local Government Act 1995 section 2.1 or 8 any other order under that Act in relation to the district of Perth 9 or any other district. 10 (3) Subsection (2) is subject to sections 18 and 21(3). 11 18. City of Perth boundaries on and after 1 July 2016 12 (1) On and after 1 July 2016, the district of Perth consists of the 13 land delineated in red and coloured purple on Deposited 14 Plan 404450. 15 (2) The map set out in Schedule 1 illustrates the boundaries of the 16 district of Perth, but is indicative only and subsection (1) 17 prevails if there is any inconsistency. 18 (3) The inclusion of the area known as King's Park in the district of 19 Perth by this section does not affect -- 20 (a) the status of that area as a Class A reserve under the 21 Land Administration Act 1997; or 22 (b) the application of the Botanic Gardens and Parks 23 Authority Act 1998 to that area. 24 (4) This section is subject to section 21. 25 19. Boundaries of other local government districts changed 26 (1) On 1 July 2016, the boundaries of the City of Nedlands are 27 changed so that the district consists of the land delineated in red 28 and coloured purple on Deposited Plan 405530. page 11 City of Perth Bill 2015 Part 2 City of Perth Division 5 Electoral matters s. 20 1 (2) On 1 July 2016, the boundaries of the City of Subiaco are 2 changed so that the district consists of the land delineated in red 3 and coloured purple on Deposited Plan 405529. 4 (3) This section is subject to section 21. 5 Division 5 -- Electoral matters 6 20. Election of Lord Mayor 7 (1) The Lord Mayor is to be elected by the electors of the district of 8 Perth under the Local Government Act 1995 Part 4. 9 (2) The Local Government Act 1995 sections 2.11 to 2.14 do not 10 apply to the City of Perth. 11 Division 6 -- Application of Local Government Act 1995 12 21. Local Government Act 1995 applies as if things done by 13 section 2.1 order 14 (1) The following are to be taken for all purposes to have been done 15 by the Governor by an order under the Local Government 16 Act 1995 section 2.1 (a section 2.1 order) that comes into 17 operation when this section comes into operation -- 18 (a) the constitution of the district of Perth by sections 17(1) 19 and 18(1); 20 (b) the boundary changes effected by section 19. 21 (2) The Local Government Act 1995 applies accordingly, and in 22 particular (but without limitation) -- 23 (a) Schedule 2.1 clause 11 of that Act applies in the same 24 way as it would apply if the constitution and boundary 25 changes had been done by a section 2.1 order; and 26 (b) regulations providing for matters to give effect to 27 section 2.1 orders also apply in that same way; and page 12 City of Perth Bill 2015 City of Perth Part 2 Application of Local Government Act 1995 Division 6 s. 21 1 (c) the fact that the constitution and boundary changes are 2 effected by Act does not prevent -- 3 (i) the subsequent making of a section 2.1 order or 4 any other order under the Local Government 5 Act 1995 in relation to the district of Perth or any 6 other district; or 7 (ii) the performance of any other function under the 8 Local Government Act 1995 or any other written 9 law in relation to the district of Perth or any 10 district whose boundaries are changed by 11 section 19. 12 (3) However, an order under the Local Government Act 1995 13 cannot -- 14 (a) abolish the district of Perth; or 15 (b) divide the district of Perth into wards; or 16 (c) change the boundaries of the district of Perth. page 13 City of Perth Bill 2015 Part 3 Miscellaneous, transitional and savings provisions Division 1 Review of City of Subiaco ward boundaries and councillor numbers s. 22 1 Part 3 -- Miscellaneous, transitional and 2 savings provisions 3 Division 1 -- Review of City of Subiaco ward boundaries and 4 councillor numbers 5 22. City of Subiaco may review ward boundaries and councillor 6 numbers 7 (1) The object of this section is to enable the City of Subiaco to 8 review its ward boundaries, and the number of offices of 9 councillor for each ward, for the purpose of ensuring that, on 10 1 July 2016, those things take account of the constitution of the 11 district of Perth by section 18(1) and the boundary changes 12 effected by section 19. 13 (2) After this section comes into operation and before 14 31 March 2016, the City of Subiaco may carry out a review 15 under this section of -- 16 (a) its ward boundaries; and 17 (b) the number of offices of councillor for each ward. 18 (3) For the purposes of a review carried out under subsection (2) -- 19 (a) the Local Government Act 1995, with all necessary 20 changes, applies to the review as if, under Schedule 2.2 21 clause 6(3) of that Act, the Local Government Advisory 22 Board had required the City of Subiaco to carry out the 23 review; and 24 (b) the review is to be carried out as if the constitution of 25 the district of Perth by section 18(1), and the boundary 26 changes effected by section 19, had taken effect when 27 this section comes into operation; and 28 (c) the local public notice of the review given under 29 Schedule 2.2 clause 7 of that Act must -- 30 (i) state that the review is being carried out under 31 this section; and page 14 City of Perth Bill 2015 Miscellaneous, transitional and savings provisions Part 3 Provisions consequential on repeal of City of Perth Division 2 Restructuring Act 1993 s. 23 1 (ii) state that the review is being carried out as if the 2 constitution of the district of Perth by 3 section 18(1), and the boundary changes effected 4 by section 19, had taken effect when this section 5 comes into operation; and 6 (iii) state that the review is being carried out for the 7 purpose of ensuring that, on 1 July 2016, the City 8 of Subiaco's ward boundaries, and the number of 9 offices of councillor for each ward, take account 10 of that constitution and those boundary changes; 11 and 12 (iv) contain an explanation of the purpose of the 13 review (as set out in subparagraph (iii)), and of 14 the basis on which it is being carried out (as set 15 out in subparagraph (ii)). 16 (4) If the City of Subiaco carries out a review under subsection (2), 17 it must ensure that the report that the Local Government 18 Act 1995 Schedule 2.2 clause 9 requires it to make to the Local 19 Government Advisory Board on completing the review is made 20 to the Advisory Board no later than 31 March 2016. 21 Division 2 -- Provisions consequential on repeal of City of Perth 22 Restructuring Act 1993 23 23. Preservation of rights of City of Perth superannuation 24 scheme members who became employees of other local 25 governments 26 (1) In this section -- 27 City of Perth scheme means the superannuation scheme 28 established under the Local Government Act 1960 section 170C, 29 as the scheme is amended from time to time; 30 employee and employer have the meanings given in the 31 Superannuation Industry (Supervision) Act 1993 32 (Commonwealth) section 10; page 15 City of Perth Bill 2015 Part 3 Miscellaneous, transitional and savings provisions Division 3 Miscellaneous s. 24 1 industry scheme has the meaning given in the Local 2 Government Act 1960 section 170A, as the scheme is amended 3 from time to time. 4 (2) This section applies to any person who, immediately before 5 section 26 comes into operation, is a person in respect of whom, 6 under the City of Perth Restructuring Act 1993 section 29, a 7 local government is required to participate in and comply with 8 the City of Perth scheme. 9 (3) A local government whose employee is a person to whom this 10 section applies must, in respect of that employee, continue to 11 participate in and comply with the City of Perth scheme in the 12 same way and to the same extent as the City of Perth would be 13 required to do if the person were its employee. 14 (4) Subsection (3) ceases to apply in respect of a local 15 government's employee if the employee elects to become a 16 member of the industry scheme. 17 Division 3 -- Miscellaneous 18 24. Regulations 19 The Governor may make regulations prescribing all matters that 20 are required or permitted by this Act to be prescribed, or are 21 necessary or convenient to be prescribed for achieving the 22 objects and giving effect to the purposes of this Act. 23 Division 4 -- Transitional and savings provisions 24 25. Transitional regulations 25 (1) In this section -- 26 specified means specified or described in the regulations; 27 transitional matter -- 28 (a) means a matter or issue of a transitional nature that 29 arises as a result of -- 30 (i) the enactment of this Act; or page 16 City of Perth Bill 2015 Miscellaneous, transitional and savings provisions Part 3 Transitional and savings provisions Division 4 s. 25 1 (ii) the repeal of the City of Perth Restructuring 2 Act 1993; 3 and 4 (b) includes a saving or application matter. 5 (2) If there is not sufficient provision in this Act for dealing with a 6 transitional matter, regulations under this Act may prescribe all 7 matters that are required or necessary or convenient to be 8 prescribed for dealing with the matter. 9 (3) Regulations made under subsection (2) may provide that 10 specified provisions of a written law -- 11 (a) do not apply to or in relation to any matter; or 12 (b) apply with specified modifications to or in relation to 13 any matter. 14 (4) If regulations made under subsection (2) provide that a specified 15 state of affairs is taken to have existed, or not to have existed, 16 on and from a day that is earlier than the day on which the 17 regulations are published in the Gazette but not earlier than the 18 day this section comes into operation, the regulations have 19 effect according to their terms. 20 (5) If regulations made under subsection (2) contain a provision 21 referred to in subsection (4), the provision does not operate so 22 as -- 23 (a) to affect in a manner prejudicial to any person (other 24 than the State or an authority of the State) the rights of 25 that person existing before the day of publication of 26 those regulations; or 27 (b) to impose liabilities on any person (other than the State 28 or an authority of the State) in respect of anything done 29 or omitted to be done before the day of publication of 30 those regulations. 31 (6) Regulations made under subsection (2) in relation to a matter 32 referred to in subsection (3) must be made within whatever page 17 City of Perth Bill 2015 Part 3 Miscellaneous, transitional and savings provisions Division 4 Transitional and savings provisions s. 25 1 period is reasonably and practicably necessary to deal with a 2 transitional matter. page 18 City of Perth Bill 2015 Repeal and amendments to other Acts Part 4 Repeal Division 1 s. 26 1 Part 4 -- Repeal and amendments to other Acts 2 Division 1 -- Repeal 3 26. City of Perth Restructuring Act 1993 repealed 4 The City of Perth Restructuring Act 1993 is repealed. 5 Division 2 -- Botanic Gardens and Parks Authority 6 Act 1998 amended 7 27. Act amended 8 This Division amends the Botanic Gardens and Parks Authority 9 Act 1998. 10 28. Section 44A inserted 11 At the beginning of Part 8 insert: 12 13 44A. Executive Director, Public Health responsible for 14 public health matters 15 (1) In this section -- 16 Executive Director, Public Health has the meaning 17 given in the Health Act 1911 section 3; 18 public health means the health of individuals in the 19 context of -- 20 (a) the wider health of the community; and 21 (b) the combination of safeguards, policies and 22 programmes designed to protect, maintain, 23 promote and improve the health of individuals 24 and their communities and to prevent and 25 reduce the incidence of illness and disability. page 19 City of Perth Bill 2015 Part 4 Repeal and amendments to other Acts Division 2 Botanic Gardens and Parks Authority Act 1998 amended s. 28 1 (2) For the purposes of protecting, promoting and 2 improving public health in relation to any designated 3 land, the Executive Director, Public Health has all the 4 powers and authority of a local government under the 5 Local Government Act 1995 as if -- 6 (a) the designated land were a district for the 7 purposes of that Act; and 8 (b) the Executive Director, Public Health were the 9 local government for that district. 10 (3) The power and authority conferred on the Executive 11 Director, Public Health by subsection (2) includes the 12 power to make and enforce local laws under the Local 13 Government Act 1995. 14 (4) However -- 15 (a) nothing in the Local Government Act 1995 16 Part 3 Division 2 Subdivision 2 (other than 17 sections 3.12(5) and (8), 3.14(1) and 3.15) 18 applies to or in respect of the making of local 19 laws by the Executive Director, Public Health; 20 and 21 (b) before making local laws, the Executive 22 Director, Public Health must consult with the 23 Authority, and consider any advice provided by 24 the Authority. 25 (5) If there is a conflict or inconsistency between a local 26 law made by the Executive Director, Public Health 27 under subsection (2) and a local law made by a local 28 government under the Local Government Act 1995 or 29 any other Act, the local law made by the Executive 30 Director, Public Health prevails to the extent of the 31 conflict or inconsistency. 32 page 20 City of Perth Bill 2015 Repeal and amendments to other Acts Part 4 Local Government Act 1960 Part VIA amended Division 3 s. 29 1 29. Section 53A inserted 2 After section 52 insert: 3 4 53A. Local laws do not apply to King's Park 5 (1) No local law applies to or in respect of King's Park. 6 (2) This section does not apply to or in respect of any local 7 law made by the Executive Director, Public Health 8 under section 44A(2). 9 10 Division 3 -- Local Government Act 1960 Part VIA amended 11 30. Act amended 12 (1) This Division amends the Local Government Act 1960 Part VIA 13 (as continued in operation by the Local Government Act 1995 14 Schedule 9.3 clause 16, and amended by the Local Government 15 (Amendment of Part VIA - Employee Superannuation) 16 Regulations 2006). 17 (2) The amendment of the Local Government Act 1960 Part VIA by 18 this Division does not prevent that Part from being amended by 19 regulations made under the Local Government Act 1995. 20 31. Section 170B amended 21 In section 170B(3) delete "section 29 of the City of Perth 22 Restructuring Act 1993," and insert: 23 24 the City of Perth Act 2015 section 23, 25 page 21 City of Perth Bill 2015 Part 4 Repeal and amendments to other Acts Division 4 Local Government Act 1995 amended s. 32 1 32. Section 170C amended 2 In section 170C(1) delete "section 29 of the City of Perth 3 Restructuring Act 1993," and insert: 4 5 the City of Perth Act 2015 section 23, 6 7 Division 4 -- Local Government Act 1995 amended 8 33. Act amended 9 This Division amends the Local Government Act 1995. 10 34. Section 5.78 amended 11 In section 5.78(1) delete "5.82, 5.83,". 12 35. Section 5.82 amended 13 (1) Delete section 5.82(1) and insert: 14 15 (1A) A relevant person is to disclose each gift received by 16 the person. 17 (1B) The disclosure is to be made in writing to the CEO. 18 (1C) The disclosure is to be made within 10 days of receipt 19 of the gift by the relevant person. 20 (1) The disclosure is to include the following -- 21 (a) a description of the gift; 22 (b) the name and address of the person who made 23 the gift; 24 (c) the date on which the gift was received; 25 (d) the estimated value of the gift at the time it was 26 made; page 22 City of Perth Bill 2015 Repeal and amendments to other Acts Part 4 Local Government Act 1995 amended Division 4 s. 36 1 (e) the nature of the relationship between the 2 relevant person and the person who made the 3 gift. 4 5 (2) In section 5.82(2): 6 (a) delete "in a return"; 7 (b) in paragraph (a)(i) delete "the return period; and" and 8 insert: 9 10 a year; and 11 12 36. Section 5.83 amended 13 (1) Delete section 5.83(1) and insert: 14 15 (1A) A relevant person is to disclose each financial or other 16 contribution that has been made to any travel 17 undertaken by the person. 18 (1B) The disclosure is to be made in writing to the CEO. 19 (1C) The disclosure is to be made within 10 days of receipt 20 of the contribution by the relevant person. 21 (1) The disclosure is to include the following -- 22 (a) a description of the contribution; 23 (b) the name and address of the person who made 24 the contribution; 25 (c) the date on which the contribution was 26 received; 27 (d) the estimated value of the contribution at the 28 time it was made; 29 (e) the nature of the relationship between the 30 relevant person and the person who made the 31 contribution; page 23 City of Perth Bill 2015 Part 4 Repeal and amendments to other Acts Division 4 Local Government Act 1995 amended s. 37 1 (f) a description of the travel; 2 (g) the date of travel. 3 4 (2) In section 5.83(2): 5 (a) delete "in a return"; 6 (b) in paragraph (d)(i) delete "the return period; and" and 7 insert: 8 9 a year; and 10 11 37. Sections 5.89A and 5.89B inserted 12 After section 5.88 insert: 13 14 5.89A. Register of gifts and contributions to travel 15 (1) A CEO is to keep a register of gifts and contributions 16 to travel. 17 (2) The register is to contain a record of the disclosures 18 made under sections 5.82 and 5.83. 19 (3) The register is to be in the form that is prescribed (if 20 any). 21 (4) The CEO is to make the register available for public 22 inspection. 23 (5) The CEO is to publish the register on the local 24 government's official website. 25 (6) As soon as practicable after a person ceases to be a 26 person who is required under section 5.82 or 5.83 to 27 make a disclosure, the CEO is to remove from the 28 register all records relating to that person. page 24 City of Perth Bill 2015 Repeal and amendments to other Acts Part 4 Local Government Act 1995 amended Division 4 s. 38 1 (7) Disclosures made under section 5.82 or 5.83 and 2 removed from the register under subsection (6) are, for 3 a period of at least 5 years after the person who made 4 the disclosure ceases to be a person required under 5 section 5.82 or 5.83 to make a disclosure -- 6 (a) to be kept by the CEO; and 7 (b) to be made available for public inspection. 8 5.89B. Offence to fail to disclose under sections 5.82 and 9 5.83 10 A relevant person must comply with the requirements 11 of sections 5.82 and 5.83 in relation to the disclosure of 12 information. 13 Penalty: a fine of $10 000 or imprisonment for 2 years. 14 15 38. Section 5.89 amended 16 In section 5.89 delete "5.70 or 5.71" and insert: 17 18 5.70, 5.71, 5.82 or 5.83 19 20 39. Section 9.25 amended 21 In section 9.25(1) after "5.78," insert: 22 23 5.89B, 24 page 25 City of Perth Bill 2015 Schedule 1 Map of City of Perth (effective 1 July 2016) (indicative only) 1 Schedule 1 -- Map of City of Perth (effective 1 July 2016) 2 (indicative only) 3 [s. 18(2)] 4 page 26 City of Perth Bill 2015 Defined terms Defined terms [This is a list of terms defined and the provisions where they are defined. The list is not part of the law.] Defined term Provision(s) Authority ............................................................................................................... 3 City of Perth .......................................................................................................... 3 City of Perth Council ............................................................................................ 3 City of Perth scheme ...................................................................................... 23(1) Committee............................................................................................................. 3 councillor .............................................................................................................. 3 Deposited Plan ...................................................................................................... 3 employee ........................................................................................................ 23(1) employer ........................................................................................................ 23(1) industry scheme ............................................................................................. 23(1)
ord Mayor ........................................................................................................... 3 Minister for Local Government ..................................................................... 12(2) section 2.1 order............................................................................................. 21(1) specified ......................................................................................................... 25(1) transitional matter .......................................................................................... 25(1)
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