Western Australian Bills

[Index] [Search] [Download] [Related Items] [Help]


This is a Bill, not an Act. For current law, see the Acts databases.


LOCAL GOVERNMENT AMENDMENT BILL 2003

                         Western Australia


     Local Government Amendment Bill 2003

                            CONTENTS


        Part 1 -- Preliminary
1.      Short title                                            2
2.      Commencement                                           2
3.      Local Government Act 1995 amended                      2
        Part 2 -- Amendments about audits
4.      Section 7.1 amended                                    3
5.      Division 1A inserted in Part 7                         3
6.      Section 7.3 amended                                    4
7.      Section 7.9 amended                                    4
8.      Section 7.12A inserted                                 5
9.      Section 7.13 amended                                   6
        Part 3 -- Amendments about WALGA
10.     Section 9.58 amended                                   8
11.     Section 1.4 amended                                    8
12.     "WAMA" replaced by "WALGA"                             9
13.     Other Acts consequentially amended -- Schedule 1        9
14.     Transitional and validation provisions -- Schedule 2    9
        Part 4 -- Other amendments
15.     Section 1.3 amended                                   10
16.     Section 1.10 repealed and consequential amendments    10
17.     Amendments about method of electing mayor or
        president                                             11
18.     Section 2.15 amended                                  14
19.     Section 2.25 amended                                  14
20.     Section 2.27 amended, consequential amendment and
        transitional provision                                14
21.     Section 2.37 amended                                  15

                             262--2B                           page i
Local Government Amendment Bill 2003



Contents



   22.     Section 2.37A amended                                   15
   23.     Section 3.12 amended                                    16
   24.     Section 3.16 amended                                    16
   25.     Section 3.40A inserted and consequential amendments     16
   26.     Section 3.50 amended                                    18
   27.     Section 3.58 amended                                    19
   28.     Section 3.64 amended                                    19
   29.     Section 3.66 amended                                    19
   30.     Sections 4.1A and 4.1B inserted and savings provision   20
   31.     Section 4.17 amended                                    21
   32.     Section 4.20 amended and consequential amendment        22
   33.     Section 4.32 amended                                    23
   34.     Section 4.33 amended                                    24
   35.     Section 4.35 amended                                    24
   36.     Section 4.37 amended                                    24
   37.     Section 4.43 amended                                    24
   38.     Section 4.48 amended                                    25
   39.     Section 4.49 amended                                    25
   40.     Section 4.51 amended                                    26
   41.     Section 4.87 amended                                    26
   42.     Amendments about principal activities                   26
   43.     Section 5.21 amended                                    27
   44.     Section 5.36 amended                                    28
   45.     Section 5.37 amended                                    28
   46.     Section 5.39 amended and consequential amendment        29
   47.     Section 5.43 amended                                    30
   48.     Section 5.47 amended                                    30
   49.     Section 5.54 amended                                    30
   50.     Section 5.60A amended                                   30
   51.     Section 5.62 amended                                    31
   52.     Section 5.63 amended                                    31
   53.     Section 5.69 amended                                    32
   54.     Section 5.95 amended                                    32
   55.     Section 5.103 amended                                   33
   56.     Section 6.2 amended                                     33
   57.     Section 6.9 amended                                     34
   58.     Section 6.14 amended                                    34
   59.     Section 6.21 amended                                    34
   60.     Section 6.23 amended                                    35
   61.     Section 6.35 amended                                    36
   62.     Section 6.51 amended                                    37

page ii
                            Local Government Amendment Bill 2003



                                                         Contents



63.   Section 6.62 amended                                 37
64.   Section 6.74 amended and consequential amendment     38
65.   Section 9.11 amended                                 38
66.   Section 9.59 amended                                 38
67.   Schedule 2.1 amended and savings provision           39
68.   Schedule 2.2 amended                                 40
69.   Schedule 2.3 amended                                 41
70.   Schedule 2.4 amended                                 45
71.   Schedule 2.5 amended                                 45
72.   Schedule 3.1 amended                                 45
73.   Schedule 9.3 amended and validation                  46
74.   References to "Land Act 1933" changed                47

      Schedule 1 -- Consequential
          amendments to other Acts                         48
      Division 1 -- Amendments related to WALGA             48
      Division 2 -- Salaries and Allowances Act 1975        56

      Schedule 2 -- Transitional and
          validation provisions -- WALGA                    58
1.    Interpretation                                       58
2.    WALGA successor in law to bodies previously
      constituted under section 9.58                       58
3.    Agreements and instruments                           59
4.    Validation                                           59
5.    Interpretation Act 1984 not affected                 59




                                                          page iii
                           Western Australia


                      LEGISLATIVE COUNCIL

                      (As amended in Committee)



     Local Government Amendment Bill 2003


                               A Bill for


An Act to amend the Local Government Act 1995, to make
consequential amendments to various other Acts and for related
purposes.



The Parliament of Western Australia enacts as follows:




                                                             page 1
     Local Government Amendment Bill 2003
     Part 1        Preliminary

     s. 1



                              Part 1 -- Preliminary
     1.         Short title
                This Act may be cited as the Local Government Amendment
                Act 2003.

5    2.         Commencement
          (1)   This Act comes into operation on a day fixed by proclamation.
          (2)   Different days may be fixed under subsection (1) for different
                provisions.

     3.         Local Government Act 1995 amended
10              The amendments in this Act are to the Local Government
                Act 1995*, unless otherwise indicated.
                [* Reprinted as at 18 February 2000.
                   For subsequent amendments see Western Australian
                   Legislation Information Tables for 2002, Table 1, p. 223 and
15                 Acts Nos. 20, 21 and 28 of 2003.]




     page 2
                                     Local Government Amendment Bill 2003
                                     Amendments about audits       Part 2

                                                                            s. 4



                  Part 2 -- Amendments about audits
     4.     Section 7.1 amended
            Section 7.1 is amended by inserting after the definition of
            "approved auditor" the following definition --
5           "
                   "audit committee" means an audit committee
                      established under section 7.1A;
                                                                              ".

     5.     Division 1A inserted in Part 7
10          After Part 7 Division 1 the following Division is inserted --
     "
                       Division 1A -- Audit committee
          7.1A.    Audit committee
            (1)    A local government is to establish an audit committee
15                 of 3 or more persons to exercise the powers and
                   discharge the duties conferred on it.
            (2)    The members of the audit committee of a local
                   government are to be appointed* by the local
                   government and at least 3 of the members, and the
20                 majority of the members, are to be council members.
                   * Absolute majority required.
            (3)    A CEO is not to be a member of an audit committee
                   and may not nominate a person to be a member of an
                   audit committee or have a person to represent him or
25                 her as a member of an audit committee.
            (4)    An employee is not to be a member of an audit
                   committee.




                                                                          page 3
     Local Government Amendment Bill 2003
     Part 2        Amendments about audits

     s. 6



            7.1B.         Delegation of some powers and duties to audit
                          committees
                (1)       Despite section 5.16, the only powers and duties that a
                          local government may delegate* to its audit committee
5                         are any of its powers and duties under this Part other
                          than this power of delegation.
                          * Absolute majority required.
                (2)       A delegation to an audit committee is not subject to
                          section 5.17.

10          7.1C.         Decisions of audit committees
                          Despite section 5.20, a decision of an audit committee
                          is to be made by a simple majority.
                                                                                    ".

     6.         Section 7.3 amended
15              Section 7.3(1) is amended by inserting after "person" --
                "     , on the recommendation of the audit committee,      ".

     7.         Section 7.9 amended
          (1)   Section 7.9(2) is amended as follows:
                 (a) by deleting "or" after paragraph (a);
20               (b) by deleting the comma after paragraph (b) and inserting
                       instead --
                           "
                                 ; or
                           (c)   there is a matter arising from the examination
25                               of the accounts and annual financial report that
                                 needs to be addressed by the local government,
                                                                                  ";
                    (c)    by deleting "or misapplication" and inserting instead --
                           " , misapplication or matter, ".

     page 4
                                             Local Government Amendment Bill 2003
                                             Amendments about audits       Part 2

                                                                                      s. 8



          (2)       After section 7.9(3) the following subsection is inserted --
                "
                    (4)   If the Minister considers it appropriate to do so, the
                          Minister is to forward a copy of the report referred to in
5                         subsection (3), or part of that report, to the CEO of the
                          local government to be dealt with under section 7.12A.
                                                                                       ".

     8.             Section 7.12A inserted
                    Before section 7.13 the following section is inserted in Part 7
10                  Division 4 --
     "
            7.12A. Duties of local government with respect to audits
                    (1)   A local government is to do everything in its power
                          to --
15                          (a) assist the auditor of the local government to
                                  conduct an audit and carry out his or her other
                                  duties under this Act in respect of the local
                                  government; and
                            (b) ensure that audits are conducted successfully
20                                and expeditiously.
                    (2)   Without limiting the generality of subsection (1), a
                          local government is to meet with the auditor of the
                          local government at least once in every year.
                    (3)   A local government is to examine the report of the
25                        auditor prepared under section 7.9(1), and any report
                          prepared under section 7.9(3) forwarded to it, and is
                          to --
                            (a) determine if any matters raised by the report, or
                                  reports, require action to be taken by the local
30                                government; and
                            (b) ensure that appropriate action is taken in
                                  respect of those matters.

                                                                                 page 5
     Local Government Amendment Bill 2003
     Part 2        Amendments about audits

     s. 9



                (4)   A local government is to --
                       (a) prepare a report on any actions under
                              subsection (3) in respect of an audit conducted
                              in respect of a financial year; and
5                      (b) forward a copy of that report to the Minister,
                      by the end of the next financial year, or 6 months after
                      the last report prepared under section 7.9 is received by
                      the local government, whichever is the latest in time.
                                                                                  ".

10   9.         Section 7.13 amended
                Section 7.13 is amended as follows:
                 (a) by deleting "Regulations may make provision --" and
                       inserting instead --
            "
15              (1)   Regulations may make provision --
                       (aa) as to the functions of the CEO and the audit
                             committee in relation to audits carried out
                             under this Part and reports made on those
                             audits;
20                    (ab) as to the functions of audit committees,
                             including the selection and recommendation of
                             an auditor;
                       (ac) as to the procedure to be followed in selecting
                             an auditor;
25                    (ad) as to the contents of the annual report to be
                             prepared by an audit committee;
                       (ae) as to monitoring action taken in respect of any
                             matters raised in a report by an auditor;
                                                                                  ";




     page 6
                                            Local Government Amendment Bill 2003
                                            Amendments about audits       Part 2

                                                                              s. 9



                (b)        by inserting after paragraph (b) the following
                           paragraph --
                      "
                          (ba)   as to the copies of agreements between local
5                                governments and auditors being provided to the
                                 Department;
                                                                                  ".
     (2)       At the end of section 7.13 the following subsection is
               inserted --
10         "
               (2)    Regulations may also make any provision about audit
                      committees that may be made under section 5.25 in
                      relation to committees.
                                                                                  ".




                                                                            page 7
     Local Government Amendment Bill 2003
     Part 3        Amendments about WALGA

     s. 10



                         Part 3 -- Amendments about WALGA
     10.             Section 9.58 amended
           (1)       Section 9.58(1) is repealed and the following subsection is
                     inserted instead --
5                "
                     (1)   The Western Australian Local Government Association
                           ("WALGA") is constituted as a body corporate with
                           perpetual succession and a common seal.
                                                                                   ".
10         (2)       Section 9.58 is further amended as follows:
                      (a) in subsections (2), (4) and (6) by deleting "an
                            association" in each place where it occurs and inserting
                            instead --
                            " WALGA ".
15                    (b) in subsections (3), (5) and (7) by deleting "An
                            association" in each place where it occurs and inserting
                            instead --
                            " WALGA ".

     11.             Section 1.4 amended
20                   Section 1.4 is amended by deleting the definition of "WAMA"
                     and inserting the following definition instead --
                     "
                           "WALGA" means the Western Australian Local
                             Government Association constituted under
25                           section 9.58;
                                                                                   ".




     page 8
                                      Local Government Amendment Bill 2003
                                     Amendments about WALGA         Part 3

                                                                        s. 12



    12.   "WAMA" replaced by "WALGA"
          Each provision referred to in the Table to this section is
          amended by deleting "WAMA" and inserting instead --
          "    WALGA         ".
5                                       Table
              s. 5.49(2), (4) and (6)
              Sch. 2.5 cl. 2(b), 4(1), 11(2)(b)
              Sch. 8.1 cl. 1(1)(b) and (c), (1a) and (3), 2(2)

    13.   Other Acts consequentially amended -- Schedule 1
          Schedule 1 has effect.

    14.   Transitional and validation provisions -- Schedule 2
          Schedule 2 has effect.




                                                                       page 9
     Local Government Amendment Bill 2003
     Part 4        Other amendments


     s. 15


                              Part 4 -- Other amendments
     15.             Section 1.3 amended
                     After section 1.3(2) the following subsection is inserted --
                 "
5                    (3)    In carrying out its functions a local government is to
                            use its best endeavours to meet the needs of current and
                            future generations through an integration of
                            environmental protection, social advancement and
                            economic prosperity.
10                                                                                      ".

     16.             Section 1.10 repealed and consequential amendments
           (1)       Section 1.4 is amended by deleting the definition of "75%
                     majority".
           (2)       Section 5.17(1)(a)(i) is amended by deleting "or a 75%
15                   majority".
           (3)       Section 5.43(a) is amended by deleting "or a 75% majority".
           (4)       Each of the footnotes to the provisions referred to in the Table
                     to this subsection are amended by deleting "Special" and
                     inserting instead --
20                   "     Absolute ".
                                              Table
                               s. 3.12(4)                s. 4.61(2)
                               s. 4.20(4)
           (5)       Schedule 2.4 clause 6(3) is amended by deleting "or a special
                     majority".




     page 10
                                              Local Government Amendment Bill 2003
                                                    Other amendments        Part 4


                                                                                    s. 17


     17.             Amendments about method of electing mayor or president
           (1)       Section 2.11(2) is amended by deleting "to the other method
                     mentioned in subsection (1)(a) or (b)" and inserting instead --
                     "
5                          from the election by the council method to the election
                           by the electors method
                                                                                      ".
           (2)       After section 2.11(3) the following subsection is inserted --
                 "
10                   (4)   The method of filling the office of mayor or president
                           used by a local government is changed from the
                           election by the electors method to the election by the
                           council method if the result of a poll declared under
                           section 2.12A(4) is that a majority of electors of the
15                         district who voted at the poll voted in favour of the
                           change.
                                                                                      ".
           (3)       Section 2.12(3) is repealed and the following subsection is
                     inserted instead --
20         "
                     (3)   If the proposal is to change the method of filling the
                           office of mayor or president from the election by the
                           council method to the election by the electors method,
                           consideration is to be given to the proposal by such
25                         means as the council thinks fit after which a motion to
                           change the method of filling the office of mayor or
                           president is to be put to the council for decision under
                           section 2.11(2).
                                                                                      ".




                                                                               page 11
     Local Government Amendment Bill 2003
     Part 4        Other amendments


     s. 17


         (4)   After section 2.12 the following section is inserted --
     "
             2.12A. Procedure to change method to election by council
               (1)   If --
5                      (a)   electors of the district, acting under
                             section 2.12(1), propose; or
                      (b)    the council, by motion passed by it, proposes,
                     to change the method of filling the office of mayor or
                     president of the local government from the election by
10                   the electors method to the election by the council
                     method, the local government is to --
                       (c) give local public notice of the proposal stating
                             that submissions about the proposal may be
                             made to the local government before a day to
15                           be specified in the notice, being a day that is
                             not less than 6 weeks after the notice is given;
                             and
                       (d) consider or reconsider the proposal in view of
                             any submissions received.
20             (2)   Subject to section 2.13(3), if the local government
                     decides to proceed with the proposal, there is to be a
                     poll of the electors of the district on the proposal
                     and --
                       (a) the Advisory Board is to --
25                              (i) determine the question to be voted on
                                     by the electors of the district; and
                               (ii) prepare a summary of the case for each
                                     way of voting on the question;
                       (b) the Electoral Commissioner is to --
30                              (i) make the summary available to the
                                     electors before the poll is conducted;



     page 12
                                       Local Government Amendment Bill 2003
                                             Other amendments        Part 4


                                                                               s. 17


                            (ii)    be responsible for the conduct of the
                                    poll; and
                            (iii)   appoint a person to be the returning
                                    officer of the local government for the
5                                   poll;
                           and
                     (c)   the local government is to meet the expenses of
                           the Electoral Commissioner in connection with
                           the poll to the extent required by regulations.
10         (3)     The returning officer is to conduct the poll for and
                   under the direction of the Electoral Commissioner.
           (4)     As soon as is practicable after the result of the poll is
                   known the returning officer is to declare and give
                   notice of the result in accordance with regulations.
15         (5)     A poll referred to in this section is not to be held more
                   than once in every 4 years in a district, even if a
                   proposal has been made by the electors under
                   section 2.12.
                                                                                 ".
20   (5)   Section 2.13(1) is amended by deleting "decision under
           section 2.11(2) to change" in the second place where it occurs
           and inserting instead --
           "     change under section 2.11(4)     ".
     (6)   Section 2.13(2) is amended by deleting "A decision under
25         section 2.11(2) to change" and inserting instead --
           "     A change under section 2.11(4)        ".
     (7)   Section 2.13(3) is amended by inserting after "during" --
           "
                   , and a decision under section 2.12A(2) has no effect
30                 unless a poll resulting from it is held before,
                                                                                 ".


                                                                          page 13
     Local Government Amendment Bill 2003
     Part 4        Other amendments


     s. 18


     18.         Section 2.15 amended
                 Section 2.15 is amended by deleting "from amongst the
                 councillors".
     19.         Section 2.25 amended
5          (1)   Section 2.25(3) is amended by inserting after "leave" --
                 "
                      , or refusal to grant the leave and reasons for that
                      refusal,
                                                                                    ".
10         (2)   Section 2.25(4) is amended by inserting before "is
                 disqualified" --
                 "
                      , or throughout all ordinary meetings of the council for a
                      period of 2 months,
15                                                                                  ".

     20.         Section 2.27 amended, consequential amendment and
                 transitional provision
           (1)   Section 2.27(4)(a) is amended by deleting "28" and inserting
                 instead --
20               "   14   ".
           (2)   Section 2.27(5) is amended by deleting "28" and inserting
                 instead --
                 "   14   ".
           (3)   Section 2.27(6) is amended by deleting from paragraph (b) to
25               the end of the subsection and inserting instead --
                     "
                          (b)   applies to a court of summary jurisdiction
                                asking for a declaration as to whether or not the



     page 14
                                           Local Government Amendment Bill 2003
                                                 Other amendments        Part 4


                                                                             s. 21


                               member is disqualified and gives a copy of the
                               application to the CEO,
                       or if, within that time, the member advises the CEO in
                       writing that the member accepts that he or she is
5                      disqualified, then the member is disqualified and the
                       CEO is to give the member written notice to that effect
                       without delay.
                                                                                 ".
           (4)   Section 2.27(7) is amended by deleting "A person other than the
10               CEO" and inserting instead --
                 "   Notwithstanding subsection (6), any person    ".
           (5)   Section 2.32(d) is amended by inserting after "disqualified," --
                 "   is disqualified under section 2.27(6),   ".
           (6)   Section 2.27 of the Local Government Act 1995 as in force
15               immediately before the commencement of this section applies to
                 and in respect of a member given notice under section 2.27(3)
                 of that Act before that commencement, with respect to that
                 notice.

     21.         Section 2.37 amended
20               Section 2.37(6) is amended by deleting "one year" and inserting
                 instead --
                 "   2 years   ".

     22.         Section 2.37A amended
                 Section 2.37A(3) is amended by deleting "one year" and
25               inserting instead --
                 "   2 years   ".




                                                                          page 15
     Local Government Amendment Bill 2003
     Part 4        Other amendments


     s. 23


     23.             Section 3.12 amended
           (1)       Section 3.12(2) is amended by deleting "read aloud, or cause to
                     be read aloud, a summary of the purpose and effect of the
                     proposed local law." and inserting instead --
5                    "
                               give notice to the meeting of the purpose and effect of
                               the proposed local law in the prescribed manner.
                                                                                         ".
           (2)       Section 3.12(6) is amended by deleting "Statewide" and
10                   inserting instead --
                     "     local     ".
           (3)       After section 3.12(7) the following subsection is inserted --
                 "
                     (8)       In this section --
15                             "making" in relation to a local law, includes making a
                                    local law to amend the text of, or repeal, a local
                                    law.
                                                                                         ".

     24.             Section 3.16 amended
20         (1)       Section 3.16(2)(c) is amended by deleting "12" and inserting
                     instead --
                     "     6    ".
           (2)       Section 3.16(5) is repealed.

     25.             Section 3.40A inserted and consequential amendments
25         (1)       After section 3.40 the following section is inserted --
     "
             3.40A. Abandoned vehicle wreck may be taken
                     (1)       An employee authorised by a local government for the
                               purpose may remove and impound a vehicle that, in the

     page 16
                               Local Government Amendment Bill 2003
                                     Other amendments        Part 4


                                                                   s. 25


           opinion of the local government, is an abandoned
           vehicle wreck.
     (2)   If, within 7 days after a vehicle is removed under
           subsection (1), the owner of the vehicle is identified,
5          the local government is to give notice to that person
           advising that the vehicle may be collected from a place
           specified during such hours as are specified in the
           notice.
     (3)   A notice is to include a short statement of the effect of
10         subsection (4)(b) and the effect of the relevant
           provisions of sections 3.46 and 3.47.
     (4)   If --
             (a)   after 7 days from the removal of a vehicle
                   under subsection (1), the owner of the vehicle
15                 has not been identified; or
            (b)    after 7 days from being given notice under
                   subsection (2), the owner of the vehicle has not
                   collected the vehicle,
           the local government may declare that the vehicle is an
20         abandoned vehicle wreck.
     (5)   In this section --
           "abandoned vehicle wreck" means a vehicle --
               (a) that is not operational;
              (b) the owner of which has not been identified
25                 by the local government after using all
                   reasonable avenues to do so; and
               (c) that has a value that is less than the
                   prescribed value calculated in the prescribed
                   manner.
30                                                                     ".




                                                                page 17
     Local Government Amendment Bill 2003
     Part 4        Other amendments


     s. 26


           (2)        Section 3.46(1) is amended by inserting after "3.39" --
                      " or 3.40A ".
           (3)        Section 3.46(2) is amended by inserting after "3.40" --
                      " or 3.40A ".
5          (4)        Section 3.47(2) is amended by deleting "within 2 months of a
                      notice having been given under section 3.40(3)." and inserting
                      instead --
                      "
                                within --
10                               (a) 2 months of a notice having been given under
                                       section 3.40(3); or
                                 (b) 7 days of a declaration being made under
                                       section 3.40A(4) that the vehicle is an
                                       abandoned vehicle wreck.
15                                                                                      ".

     26.              Section 3.50 amended
           (1)        Section 3.50(1) is amended as follows:
                       (a) by deleting ", by local public notice, order that a
                             thoroughfare that it manages is" and inserting instead --
20                    "
                                close any thoroughfare that it manages to the passage
                                of vehicles,
                                                                                        ";
                          (b)    by deleting "closed to the passage of vehicles" and
25                               inserting instead --
                                 " , for a period not exceeding 4 weeks ".
           (2)        After section 3.50(1) the following subsection is inserted --
                 "
                     (1a)       A local government may, by local public notice, order
30                              that a thoroughfare that it manages is wholly or

     page 18
                                                    Local Government Amendment Bill 2003
                                                          Other amendments        Part 4


                                                                                      s. 27


                       partially closed to the passage of vehicles for a period
                       exceeding 4 weeks.
                                                                                           ".
           (3)   Section 3.50(3) is repealed.
5          (4)   Section 3.50(7) is repealed.
           (5)   Section 3.50(8) is amended by deleting "(7)" and inserting
                 instead --
                 "   (1)       ".

     27.         Section 3.58 amended
10               Section 3.58(3)(a) is amended by deleting "Statewide" and
                 inserting instead --
                 "   local          ".

     28.         Section 3.64 amended
                 Section 3.64(e) is amended by inserting after "council" --
15                         "
                                         and the term of office of a chairman and deputy
                                         chairman, which is not to exceed 2 years
                                                                                           ".

     29.         Section 3.66 amended
20               Section 3.66(3)(a) is amended by deleting "and 2.29" and
                 inserting instead --
                 "   , 2.26, 2.29 and 2.32(e)           ".




                                                                                   page 19
     Local Government Amendment Bill 2003
     Part 4        Other amendments


     s. 30


     30.         Sections 4.1A and 4.1B inserted and savings provision
           (1)   After section 4.1 the following sections are inserted in Part 4
                 Division 1 --
     "
5            4.1A.     Conflict with Commonwealth or State election or
                       referendum
                 (1)   On a day fixed as polling day for a district or region
                       under the Electoral Act 1907, no election, referendum
                       or other poll is to be held under this Act in, or in any
10                     part of, that district or region.
                 (2)   On a day fixed for the holding of a referendum, as
                       defined in the Electoral Act 1907, no election,
                       referendum or other poll is to be held under this Act.
                 (3)   On a day appointed under the Commonwealth Electoral
15                     Act 1918 as polling day for an election of Senators for
                       the State, no election, referendum or other poll is to be
                       held under this Act.
                 (4)   On a day appointed as polling day for an election of the
                       House of Representatives for an Electoral Division in
20                     the State under the Commonwealth Electoral Act 1918,
                       no election, referendum or other poll is to be held
                       under this Act in, or in any part of, that Electoral
                       Division.
                 (5)   On a day fixed as voting day in the State, or an
25                     Electoral Division in the State under the Referendum
                       (Machinery Provisions) Act 1984 of the
                       Commonwealth, no election, referendum or other poll
                       is to be held under this Act in the State, or in any part
                       of that Electoral Division, as is relevant.
30               (6)   In this section --
                       "Electoral Division" has the same meaning as it has in
                            the Commonwealth Electoral Act 1918.


     page 20
                                               Local Government Amendment Bill 2003
                                                     Other amendments        Part 4


                                                                                       s. 31


             4.1B.         Polling day may be changed where conflict with
                           Commonwealth or State election or referendum
                     (1)   Despite anything else in this Act and subject to
                           subsection (2), where a poll cannot be held on the day
5                          fixed under this Act due to section 4.1A, the Governor
                           may, before the day fixed for the poll, by order under
                           section 9.62 fix a later day for the holding of the poll.
                     (2)   The time for the holding of a poll is not to be extended
                           under this section by more than 14 days later than the
10                         time originally fixed.
                                                                                         ".
           (2)       Despite subsection (1), if the day for an election, referendum or
                     other poll was fixed under the Local Government Act 1995
                     before the commencement of this section, sections 4.1A and
15                   4.1B of that Act as inserted by subsection (1) do not apply in
                     respect of that election, referendum or other poll.

     31.             Section 4.17 amended
           (1)       After section 4.17(2) the following subsections are inserted --
                 "
20                   (3)   If a councillor's office becomes vacant under
                           section 2.32 --
                             (a) in a district that has no wards; and
                             (b) at least 80% of the number of offices of
                                   member of the council in the district are still
25                                 filled,
                           the council may, with the approval of the Electoral
                           Commissioner, allow* the vacancy to remain unfilled
                           and, subject to subsection (4), in that case, the term of
                           the member who held the office is to be regarded in
30                         section 4.6 as ending on the day on which it would
                           have ended if the vacancy had not occurred.
                           *Absolute majority required.

                                                                                 page 21
     Local Government Amendment Bill 2003
     Part 4        Other amendments


     s. 32


                 (4)   If an ordinary or an extraordinary election is to be held
                       in a district then an election to fill any vacancy in the
                       office of councillor in that district that was allowed to
                       remain unfilled under subsection (3) is to be held on
5                      the same election day and Division 9 applies to those
                       elections as if they were one election to fill all the
                       offices of councillor for the district or ward that need to
                       be filled.
                                                                                     ".

10   32.         Section 4.20 amended and consequential amendment
           (1)   Section 4.20(2) is amended by deleting "for an election." and
                 inserting instead --
                 "
                       for --
15                       (a) an election; or
                         (b) all elections held while the appointment of the
                             person subsists.
                                                                                     ".
           (2)   Section 4.20(3) is amended by deleting "(2) has no effect if it is
20               made after the 80th day before election day." and inserting
                 instead --
                 "
                       (2) --
                         (a) is to specify the term of the person's
25                           appointment; and
                         (b) has no effect if it is made after the 80th day
                             before an election day.
                                                                                     ".




     page 22
                                               Local Government Amendment Bill 2003
                                                     Other amendments        Part 4


                                                                                        s. 33


           (3)   Section 4.20(4) is amended as follows:
                  (a) by inserting after "election" in the first place where it
                        occurs --
                 "
5                          , or all elections conducted within a particular period of
                           time,
                                                                                    ";
                     (b)    by inserting after "election" in the second place where it
                            occurs --
10                          " or elections ".
           (4)   Section 4.20(5) is amended by inserting after "day" in the
                 second place where it occurs --
                 "
                           unless a declaration has already been made in respect
15                         of an election for the local government and the
                           declaration is in respect of an additional election for the
                           same local government
                                                                                          ".
           (5)   Section 4.61(3) is amended by inserting after "day" in the
20               second place where it occurs --
                 "
                           unless a declaration has already been made in respect
                           of an election for the local government and the
                           declaration is in respect of an additional election for the
25                         same local government
                                                                                          ".

     33.         Section 4.32 amended
                 Section 4.32(3) is amended by inserting after "months" --
                 "
30                         and, if so prescribed, is liable to pay rent in respect of
                           that occupation of at least the prescribed amount
                                                                                          ".

                                                                                  page 23
     Local Government Amendment Bill 2003
     Part 4        Other amendments


     s. 34


     34.       Section 4.33 amended
               Section 4.33(2) is amended by deleting "accepted." and
               inserting instead --
               "
5                    accepted or, if the council of the local government is
                     suspended, the day the third ordinary election of the
                     local government would have been held but for the
                     suspension.
                                                                               ".

10   35.       Section 4.35 amended
               Section 4.35(6) is amended by deleting "(1)" and inserting
               instead --
               "   (2)   ".

     36.       Section 4.37 amended
15             Section 4.37(3)(a) is amended by deleting "50" and inserting
               instead --
               "   100 ".

     37.       Section 4.43 amended
               Section 4.43(4) is amended by deleting "and the certification of
20             corrections" and inserting instead --
               "
                     , the certification of corrections and procedures to be
                     followed in altering or correcting the rolls
                                                                               ".




     page 24
                                          Local Government Amendment Bill 2003
                                                Other amendments        Part 4


                                                                               s. 38


     38.         Section 4.48 amended
           (1)   Section 4.48(1) is amended by deleting "as at the close of
                 enrolments" and inserting instead --
                 "
5                      who, as at the close of enrolments, was qualified under
                       section 2.19 to be elected as a member of the council
                                                                                   ".
           (2)   Section 4.48(1)(c) is amended by deleting "the council other
                 than an office the term of which will end on election day." and
10               inserting instead --
                 "
                       a council other than an office the term of which will
                       end on, or before, election day.
                                                                                   ".
15         (3)   Section 4.48(2) is amended by inserting after "council" the
                 following --
                 "
                       and is not the holder of an office of member of a
                       council other than an office the term of which will end
20                     on, or before, election day
                                                                                   ".

     39.         Section 4.49 amended
                 Section 4.49(a) is amended by deleting "30th" and inserting
                 instead --
25               "   37th   ".




                                                                           page 25
     Local Government Amendment Bill 2003
     Part 4        Other amendments


     s. 40


     40.         Section 4.51 amended
                 Section 4.51(1) is amended after paragraph (b) by deleting "or"
                 and inserting --
                     "
5                        (ba)   as at the close of enrolments, the candidate was
                                not qualified to be elected as a member of a
                                council due to section 2.19(2); or
                                                                                   ".
     41.         Section 4.87 amended
10               Section 4.87(1) is amended as follows:
                  (a) in paragraph (a) by deleting "the name" and inserting
                        instead --
                        " in the case of all electoral material, the name ";
                  (b) after paragraph (a) by deleting "or" and inserting
15                      instead --
                        " and ".

     42.         Amendments about principal activities
           (1)   The description printed in italics at the beginning of Part 5 is
                 amended in paragraph (c) by deleting "for principal activities".
20         (2)   The heading to Part 5 Division 5 is amended by deleting
                 "principal activities".
           (3)   Section 5.52 is repealed.
           (4)   Section 5.53(2)(c) and (d) are deleted.
           (5)   Section 5.53(2)(e) is amended by deleting "the principal
25               activities" and inserting instead --
                          "
                                the plan for the future of the district made in
                                accordance with section 5.56, including major
                                initiatives
30                                                                                 ".

     page 26
                                                 Local Government Amendment Bill 2003
                                                       Other amendments        Part 4


                                                                                     s. 43


           (6)       Sections 5.56, 5.57 and 5.58 are repealed and the following
                     section is inserted instead --
     "
             5.56.           Planning for the future
5                    (1)     A local government is to plan for the future of the
                             district.
                     (2)     A local government is to ensure that plans made under
                             subsection (1) are in accordance with any regulations
                             made about planning for the future of the district.
10                                                                                      ".
           (7)       Section 5.94(f) is deleted and the following paragraph is
                     inserted instead --
                          "
                             (f) plan for the future of the district made in
15                                 accordance with section 5.56;
                                                                                        ".
           (8)       Section 6.2(2) is amended by deleting "for principal activities
                     accepted by a local government under section 5.58" and
                     inserting instead --
20                   "
                           for the future of the district made in accordance with
                           section 5.56
                                                                                        ".
     43.             Section 5.21 amended
25         (1)       Section 5.21(3) is amended by deleting "may cast a second
                     vote." and inserting instead --
                     "     is to cast a second vote.   ".
           (2)       After section 5.21(4) the following subsection is inserted --
                 "
30                   (5)     A person who fails to comply with subsection (2) or (3)
                             commits an offence.
                                                                                        ".

                                                                                   page 27
     Local Government Amendment Bill 2003
     Part 4        Other amendments


     s. 44


     44.             Section 5.36 amended
           (1)       Section 5.36(2)(b) is amended by deleting "satisfied with the
                     provisions of the proposed employment contract." and inserting
                     instead --
5                           "
                                  satisfied* with the provisions of the proposed
                                  employment contract.
                                  * Absolute majority required.
                                                                                       ".
10         (2)       Section 5.36(4) is repealed and the following subsections are
                     inserted instead --
                 "
                     (4)   If the position of CEO of a local government becomes
                           vacant, it is to be advertised by the local government in
15                         the manner prescribed, and the advertisement is to
                           contain such information with respect to the position as
                           is prescribed.
                     (5)   For the avoidance of doubt, subsection (4) does not
                           impose a requirement to advertise a position before the
20                         renewal of a contract referred to in section 5.39.
                                                                                       ".
     45.             Section 5.37 amended
                     Section 5.37(3) is repealed and the following subsections are
                     inserted instead --
25               "
                     (3)   If the position of a senior employee of a local
                           government becomes vacant, it is to be advertised by
                           the local government in the manner prescribed, and the
                           advertisement is to contain such information with
30                         respect to the position as is prescribed.
                     (4)   For the avoidance of doubt, subsection (3) does not
                           impose a requirement to advertise a position where a
                           contract referred to in section 5.39 is renewed.
                                                                                       ".

     page 28
                                                 Local Government Amendment Bill 2003
                                                       Other amendments        Part 4


                                                                                     s. 46


     46.              Section 5.39 amended and consequential amendment
           (1)        Section 5.39(1) is amended by deleting "The" and inserting
                      instead --
                      "     Subject to subsection (1a), the   ".
5          (2)        After subsection 5.39(1) the following subsection is inserted --
                 "
                     (1a)     Despite subsection (1) --
                               (a) an employee may act in the position of a CEO
                                     or a senior employee for a term not exceeding
10                                   one year without a written contract for the
                                     position in which he or she is acting; and
                               (b) a person may be employed by a local
                                     government as a senior employee for a term not
                                     exceeding 3 months, during any 2 year period,
15                                   without a written contract.
                                                                                        ".
           (3)        After section 5.39(6) the following subsection is inserted --
                 "
                      (7)     A report made by the Salaries and Allowances
20                            Tribunal, under section 7A of the Salaries and
                              Allowances Act 1975, containing recommendations as
                              to the remuneration to be paid or provided to a CEO is
                              to be taken into account by the local government before
                              entering into, or renewing, a contract of employment
25                            with a CEO.
                                                                                        ".
           (4)        Section 5.37(2) is amended by inserting after "employee" --
                          "
                              , other than a senior employee referred to in
30                            section 5.39(1a),
                                                                                        ".


                                                                                page 29
     Local Government Amendment Bill 2003
     Part 4        Other amendments


     s. 47


     47.         Section 5.43 amended
           (1)   Section 5.43(e) is amended by inserting after "5.98" --
                 "   , 5.98A ".
           (2)   Section 5.43(e) is amended by inserting after "5.99" --
5                "   , 5.99A ".

     48.         Section 5.47 amended
                 Section 5.47(2)(a) is amended by inserting after "scheme" --
                 " or schemes     ".

     49.         Section 5.54 amended
10               Section 5.54(1) is amended by deleting "accepted by the local
                 government no later than 31 December after that financial
                 year." and inserting instead --
                 "
                      accepted* by the local government no later than
15                    31 December after that financial year.
                      * Absolute majority required.
                                                                                 ".

     50.         Section 5.60A amended
                 Section 5.60A is amended by inserting after "government" --
20               "
                      , or an employee or committee of the local government
                      or member of the council of the local government,
                                                                                 ".




     page 30
                                              Local Government Amendment Bill 2003
                                                    Other amendments        Part 4


                                                                                      s. 51


     51.         Section 5.62 amended
           (1)   After section 5.62(1)(c) the following paragraph is inserted --
                        "
                            (ca)   the person belongs to a class of persons that is
5                                  prescribed;
                                                                                        ".
           (2)   Section 5.62(1)(d)(ii) is amended by deleting "nominal" in both
                 places where it occurs.
           (3)   Section 5.62(2) is amended as follows:
10                (a)       by deleting "(ea)";
                  (b)       by deleting the full stop at the end of the subsection and
                            inserting --
                   "
                               ;
15                      "value", in relation to shares, means the value of the
                            shares calculated in the prescribed manner or using
                            the prescribed method.
                                                                                        ".

     52.         Section 5.63 amended
20               Section 5.63(1) is amended as follows:
                  (a) in paragraph (c) by inserting after "5.98," --
                        " 5.98A, ";
                  (b) in paragraph (c) by inserting after "5.99," --
                        " 5.99A, ";
25                (c) by deleting paragraph (e);
                  (d) in paragraph (g) by deleting "a written law" and
                        inserting instead --
                        " this Act or any other written law ".




                                                                                page 31
     Local Government Amendment Bill 2003
     Part 4        Other amendments


     s. 53


     53.             Section 5.69 amended
           (1)       Section 5.69(1) is amended by inserting after "meeting" --
                     "     , and any subsequent meeting,      ".
           (2)       Section 5.69(3) is amended by inserting after "meeting" --
5                    "     , and at any subsequent meeting,        ".

     54.             Section 5.95 amended
           (1)       Section 5.95(5)(b) is deleted and the following paragraph is
                     inserted instead --
                            "
10                              (b)   the information is prescribed as being of a
                                      private nature.
                                                                                           ".
           (2)       After section 5.95(5) the following subsections are inserted --
                 "
15                   (6)     Subject to subsection (7), a person's right to inspect
                             information referred to in section 5.94 does not extend
                             to the inspection of information --
                               (a) referred to in a paragraph of that section that is
                                      prescribed as being confidential information for
20                                    the purposes of this subsection; or
                               (b) referred to in that section of a type prescribed
                                      as confidential for the purposes of this
                                      subsection,
                             for the period of time prescribed in relation to the
25                           information.
                     (7)     Subsection (6) does not apply in respect of information
                             in relation to a local government if --
                               (a) the information is prescribed as information
                                      that is confidential but that may be available for


     page 32
                                        Local Government Amendment Bill 2003
                                              Other amendments        Part 4


                                                                              s. 55


                            inspection if the local government so resolves;
                            and
                      (b)   the local government has resolved that the
                            information is to be available for inspection.
5          (8)       A person's right to inspect information referred to in
                     section 5.94 does not extend to the inspection of
                     information referred to in paragraph (m) of that section
                     if the information is information that has been omitted
                     by regulations made under section 4.38 from the
10                   electoral roll for the protection of an elector or his or
                     her family.
                                                                                 ".

     55.   Section 5.103 amended
           Section 5.103(3) is amended as follows:
15          (a) by inserting after "prescribe" --
                  " codes of conduct or ";
            (b) by inserting after "government" --
                  " under subsection (1) ".

     56.   Section 6.2 amended
20         Section 6.2(1) is amended as follows:
            (a) by deleting "Not later than 31 August in each" and
                  inserting instead --
           "
                     During the period from 1 June in a financial year to
25                   31 August in the next
                                                                                 ";
               (b)    by deleting "next following 30 June" and inserting
                      instead --
                      " 30 June next following that 31 August ".




                                                                         page 33
     Local Government Amendment Bill 2003
     Part 4        Other amendments


     s. 57


     57.         Section 6.9 amended
                 Section 6.9(4) is amended by deleting "is to" and inserting
                 instead --
                 "     may   ".

5    58.         Section 6.14 amended
                 Section 6.14(1) is amended by deleting from "invested" to the
                 end of the subsection and inserting instead --
                     "
                         invested in accordance with Part III of the Trustees
10                       Act 1962.
                                                                                    ".

     59.         Section 6.21 amended
                 Section 6.21(1) is repealed and the following subsections are
                 inserted instead --
15           "
                 (1)     Where, under section 6.20(1), a regional local
                         government borrows money, obtains credit or arranges
                         for financial accommodation to be extended to the
                         regional local government that money, credit or
20                       financial accommodation is to be secured only --
                           (a) by the regional local government giving
                                 security over the financial contributions of the
                                 participants to the regional local government's
                                 funds as set out or provided for in the
25                               establishment agreement for the regional local
                                 government;
                           (b) by the regional local government giving
                                 security over Government grants which were
                                 not given to the regional local government for a
30                               specific purpose; or



     page 34
                                                  Local Government Amendment Bill 2003
                                                        Other amendments        Part 4


                                                                                      s. 60


                                (c)   by a participant giving security over its general
                                      funds to the extent agreed by the participant.
                     (1a)     Despite subsection (1)(a) and (c), security cannot be
                              given over --
5                               (a) the financial contributions of a particular
                                     participant to the regional local government's
                                     funds; or
                                (b) the general funds of a particular participant,
                              if the participant is not a party to the activity or
10                            transaction for which the money is to be borrowed by,
                              the credit is to be obtained for, or the financial
                              accommodation is to be extended to, the regional local
                              government.
                                                                                          ".

15   60.              Section 6.23 amended
           (1)        Section 6.23(2) is amended by deleting "this section" and
                      inserting instead --
                      "     subsection (1)   ".
           (2)        After section 6.23(2) the following subsection is inserted --
20               "
                      (3)     In relation to a regional local government a receiver is
                              entitled to receive whichever of the following over
                              which security has been given in a particular case --
                                (a) the financial contributions of the participants to
25                                     the regional local government's funds as set out
                                       or provided for in the establishment agreement
                                       for the regional local government;
                                (b) Government grants which were not given to the
                                       regional local government for a specific
30                                     purpose;
                                (c) the general funds of a participant to the extent
                                       that those funds secure either money borrowed

                                                                                   page 35
     Local Government Amendment Bill 2003
     Part 4        Other amendments


     s. 61


                                by, credit obtained for, or financial
                                accommodation extended to, the regional local
                                government.
                                                                                     ".

5    61.         Section 6.35 amended
           (1)   Section 6.35(3) is amended by deleting "than 50% of the
                 number of separately rated properties in the district on" and
                 inserting instead --
                 "
10                     than --
                         (a) 50% of the total number of separately rated
                              properties in the district; or
                         (b) 50% of the number of properties in each
                              category referred to in subsection (6),
15                     on
                                                                                     ".
           (2)   Section 6.35(4) is amended by deleting "of the number of
                 separately rated properties in the district unless" and inserting
                 instead --
20               "
                       of --
                         (a)    the number of separately rated properties in the
                                district; or
                         (b)    the number of properties in each category
25                              referred to in subsection (6),
                       unless
                                                                                     ".
           (3)   Section 6.35(6) is amended as follows:
                  (a) by deleting "may" and inserting instead --
30                      " is to ";


     page 36
                                           Local Government Amendment Bill 2003
                                                 Other amendments        Part 4


                                                                                  s. 62


                   (b)    by inserting after "(4)" --
                          " in respect of each of the following categories     ".

     62.       Section 6.51 amended
               Section 6.51(1) is repealed and the following subsection is
5              inserted instead --
           "
               (1)       A local government may at the time of imposing a rate
                         or service charge resolve* to impose interest (at the
                         rate set in its annual budget) on --
10                         (a) a rate or service charge (or any instalment of a
                                  rate or service charge); and
                           (b) any costs of proceedings to recover any such
                                  charge,
                         that remains unpaid after becoming due and payable.
15                       * Absolute majority required.
                                                                                    ".

     63.       Section 6.62 amended
               Section 6.62 is amended by deleting "towards the rates or
               services charges due on the land in the order in which they
20             become due." and inserting instead --
               "
                         towards --
                           (a) the rates or services charges due on the land in
                                the order in which they become due; and
25                         (b) any outstanding costs of proceedings for the
                                recovery of any such rates or charges.
                                                                                    ".




                                                                             page 37
     Local Government Amendment Bill 2003
     Part 4        Other amendments


     s. 64


     64.         Section 6.74 amended and consequential amendment
           (1)   Section 6.74(4) is amended by deleting "applies, as if it were a
                 transfer or conveyance, as the case may be, expressed to be in
                 exercise of the power of sale." and inserting instead --
5                "
                       clause 8 has effect in relation to the exercise of the
                       power referred to in subsection (1).
                                                                                    ".
           (2)   Schedule 6.3 clause 8(1) is amended by inserting after
10               "section 6.71" --
                 "   , or by the Minister under section 6.74(3),   ".
           (3)   Schedule 6.3 clause 8(6) is amended by inserting after
                 "section 6.71" --
                 "   , 6.74   ".

15   65.         Section 9.11 amended
           (1)   Section 9.11(1) is amended by deleting "and place of residence"
                 and inserting instead --
                 "   , place of residence and date of birth   ".
           (2)   Section 9.11(2)(a) is amended by deleting "and address" and
20               inserting instead --
                 "   , place of residence and date of birth   ".
           (3)   Section 9.11(4) is amended by deleting "and place of residence"
                 and inserting instead --
                 "   , place of residence and date of birth   ".

25   66.         Section 9.59 amended
                 Section 9.59(2)(a) is amended by inserting before
                 "functions" --
                 "   selection, employment and     ".

     page 38
                                                       Local Government Amendment Bill 2003
                                                             Other amendments        Part 4


                                                                                              s. 67


     67.             Schedule 2.1 amended and savings provision
           (1)       The amendments in this section are to Schedule 2.1.
           (2)       Clause 2(2)(a) is amended by deleting "proposal and" and
                     inserting instead --
5                    "     proposal, the reasons for making the proposal and       ".
           (3)       Clause 3(2) is amended by deleting "or" after paragraph (a) and
                     inserting instead --
                            "
                                (aa)       where the proposal was made by affected electors
10                                         under clause 2(1)(d), that the majority of those
                                           electors no longer support the proposal; or
                                                                                                 ".
           (4)       Clause 9 is amended as follows:
                      (a) by inserting before "Where" the subclause designation
15                          "(1)";
                      (b) by deleting paragraph (b)(ii) and inserting the following
                            subparagraph instead --
                                       "
                                            (ii)   subject to subclause (2), declare* the
20                                                 Electoral Commissioner, or a person
                                                   approved by the Electoral Commissioner, to
                                                   be responsible for the conduct of the poll
                                                   under Part 4, and return the results to the
                                                   Minister.
25                           * Absolute majority required.
                                                                                                 ".
           (5)       At the end of clause 9 the following subclause is inserted --
                 "
                     (2)     Before making a declaration under subclause (1)(b)(ii), the
30                           local government is to obtain the written agreement of the
                             Electoral Commissioner.
                                                                                                 ".


                                                                                         page 39
     Local Government Amendment Bill 2003
     Part 4        Other amendments


     s. 68


           (6)       Schedule 2.1 of the Local Government Act 1995 as in force
                     immediately before the commencement of this section applies to
                     and in respect of any proposal made under clause 2 of that
                     Schedule before that commencement.

5    68.             Schedule 2.2 amended
           (1)       The amendments in this section are to Schedule 2.2.
           (2)       Clause 4(2) is amended as follows:
                      (a) by deleting "reject the submission" and inserting
                            instead --
10                   "
                               propose* to the Advisory Board that the submission be
                               rejected
                                                                                              ";
                         (b)    by inserting at the end of the subclause --
15                              " * Absolute majority required. ".
           (3)       Clause 4(3) is repealed and the following subclause is inserted
                     instead --
                 "
                     (3)       If, in the council's opinion --
20                               (a)   a submission is substantially similar in effect to a
                                       submission about which the local government has
                                       made a decision (whether an approval or otherwise)
                                       within the period of 2 years immediately before the
                                       submission is made; or
25                               (b)   the majority of effected electors who made the
                                       submission no longer support the submission,
                               the local government may reject the submission.
                                                                                              ".
           (4)       Clause 4(4) is amended by inserting after "rejects" --
30                   "     , or proposes to reject,   ".



     page 40
                                                    Local Government Amendment Bill 2003
                                                          Other amendments        Part 4


                                                                                            s. 69


           (5)       Clause 6 is amended by inserting before "A" the subclause
                     designation "(1)".
           (6)       At the end of clause 6 the following subclauses are inserted --
                 "
5                    (2)     A local government the district of which is not divided into
                             wards may carry out reviews as to --
                                (a)   whether or not the district should be divided into
                                      wards; and
                               (b)    if so --
10                                      (i)     what the ward boundaries should be; and
                                        (ii)    the number of offices of councillor there
                                                should be for each ward,
                             from time to time so that not more than 8 years elapse
                             between successive reviews.
15                   (3)     A local government is to carry out a review described in
                             subclause (1) or (2) at any time if the Advisory Board
                             requires the local government in writing to do so.
                                                                                              ".
           (7)       Clause 8 is amended by deleting "its council" and inserting
20                   instead --
                     "
                             or proposes under clause 4(2) that a submission be rejected,
                             its council
                                                                                              ".
25         (8)       Clause 10(3) is amended by inserting after "clause 8" --
                     "     , or that a submission under clause 4(2) be rejected,    ".

     69.             Schedule 2.3 amended
           (1)       The amendments in this section are to Schedule 2.3.
           (2)       Clause 4(2) is amended by inserting after "CEO" --
30                   "     in accordance with the procedure prescribed      ".


                                                                                         page 41
     Local Government Amendment Bill 2003
     Part 4        Other amendments


     s. 69


        (3)       Clause 4(3) is amended by inserting after "writing" --
                  "
                           before the meeting or during the meeting before the close of
                           nominations
5                                                                                          ".
        (4)       After clause 4(3) the following subclause is inserted --
              "
                  (3a)     Nominations close at the meeting at a time announced by
                           the CEO, which is to be a sufficient time after the
10                         announcement by the CEO that nominations are about to
                           close to allow for any nominations made to be dealt with.
                                                                                           ".
        (5)       After clause 4(6) the following subclause is inserted --
              "
15                 (7)     As soon as is practicable after the result of the election is
                           known, the CEO is to declare and give notice of the result in
                           accordance with regulations, if any.
                                                                                           ".
        (6)       Clause 8(2) is amended by inserting after "conducted" --
20                "      in accordance with the procedure prescribed   ".
        (7)       Clause 8(3) is amended by inserting after "writing" --
                  "
                           before the meeting or during the meeting before the close of
                           nominations
25                                                                                         ".
        (8)       After clause 8(3) the following subclause is inserted --
              "
                  (3a)     Nominations close at the meeting at a time announced by
                           the person conducting the election, which is to be a
30                         sufficient time after the announcement by that person that
                           nominations are about to close to allow for any nominations
                           made to be dealt with.
                                                                                           ".

     page 42
                                                 Local Government Amendment Bill 2003
                                                       Other amendments        Part 4


                                                                                         s. 69


          (9)       After clause 8(6) the following subclause is inserted --
                "
                    (7)     As soon as is practicable after the result of the election is
                            known, the person conducting the election is to declare and
5                           give notice of the result in accordance with regulations, if
                            any.
                                                                                              ".
         (10)       Clause 9(1) is amended by deleting "subclause (2)" and
                    inserting instead --
10                  "     clause 8(5)   ".
         (11)       After clause 9 the following Division is inserted --
     "
                                  Division 3 -- Validity of elections
            10.             Definition of "election"
15                          In this Division --
                            "election" means an election under this Schedule.
            11.             Complaints about the validity of an election
                    (1)     A councillor who is dissatisfied with the result of an election
                            or with the way in which an election was conducted may
20                          make an invalidity complaint.
                    (2)     An "invalidity complaint" is a complaint that an election is
                            invalid, or that another person should be declared elected.

            12.             Complaints to go to a Court of Disputed Returns
                    (1)     An invalidity complaint is to be made to a Court of Disputed
25                          Returns, constituted by a magistrate, but can only be made
                            within 28 days after notice is given of the result of the
                            election.
                    (2)     Regulations made under section 4.81(2) apply in respect of
                            an invalidity complaint made under this Division in so far as
30                          they are capable of being so applied.


                                                                                     page 43
     Local Government Amendment Bill 2003
     Part 4        Other amendments


     s. 69


                   (3)   If the court declares the election to have been invalid --
                           (a)   the election is null and void;
                           (b)   any office filled at the election is vacant;
                           (c)   the court is to fix a day for holding any poll needed
5                                for a fresh election; and
                           (d)   the CEO is to prepare for, conduct and ascertain and
                                 declare the result of the fresh election.
                   (4)   If the court declares that a person ("candidate A") ought to
                         have been elected to an office in place of another person
10                       ("candidate B") --
                           (a)   candidate B is not to act in that office;
                           (b)   candidate A is to be regarded as having been
                                 elected; and
                           (c)   notice of candidate A's election is to be published
15                               in accordance with regulations.

             13.         No appeal
                         There is no appeal from a decision of a Court of Disputed
                         Returns.

             14.         Certain defects do not affect an election
20                       An election is not invalid because of --
                           (a)   a failure to do something in connection with the
                                 election within the time, or for the period or before
                                 the date allowed or required under this Act, so long
                                 as the failure does not affect the result of the
25                               election; or
                           (b)   a formal omission, irregularity or defect in a
                                 document, declaration, publication or other thing
                                 that a person has made, issued or done in good faith.

             15.         Regulations about retention and availability of electoral
30                       papers
                         Regulations made under section 4.84 apply in respect of
                         elections in so far as they are capable of being so applied.
                                                                                         ".

     page 44
                                               Local Government Amendment Bill 2003
                                                     Other amendments        Part 4


                                                                                       s. 70


     70.          Schedule 2.4 amended
           (1)    The amendments in this section are to Schedule 2.4.
           (2)    Clause 1(2) is amended by inserting after "government" --
                  "
5                        or a member or former member of a council of a local
                         government from being a commissioner of a local
                         government
                                                                                          ".

     71.          Schedule 2.5 amended
10         (1)    The amendments in this section are to Schedule 2.5.
           (2)    Clauses 2(c), 4(2) and 11(2)(c) are amended by deleting
                  "Institute of Municipal Management WA Division Inc." in each
                  place where it occurs and inserting instead --
                  "    Local Government Managers Australia WA Division          ".
15         (3)    Clause 7(7) is amended by deleting "or an employee" and
                  inserting instead --
                  "    , employee or elector   ".

     72.          Schedule 3.1 amended
           (1)    The amendments in this section are to Schedule 3.1.
20         (2)    Division 1 is amended by inserting after item 10 the following
                  items --
      "
                 11.     Remove bees that are likely to endanger the safety of any
                         person or create a serious public nuisance.
25               12.     Ensure that an unsightly, dilapidated or dangerous fence or
                         gate that separates the land from land that is local
                         government property is modified or repaired.
                 13.     Take specific measures to prevent --
                           (a)   artificial light being emitted from the land; or


                                                                                     page 45
     Local Government Amendment Bill 2003
     Part 4        Other amendments


     s. 73


                               (b)     natural or artificial light being reflected from
                                       something on the land,
                             creating a nuisance.
                     14. (1) Remove or make safe anything that is obstructing or
5                            otherwise prejudicially affecting a private thoroughfare so
                             that danger to anyone using the thoroughfare is prevented or
                             minimised.
                         (2) In this item --
                             "private thoroughfare" has the same meaning as in
10                               Schedule 9.1 clause 7(1).
                                                                                            ".

     73.              Schedule 9.3 amended and validation
           (1)        The amendments in this section are to Schedule 9.3.
           (2)        After clause 33(4) the following subclauses are inserted --
15               "
                      (4a)   An order made under section 190(8) of the former
                             provisions continues to have effect in respect of the
                             application to the relevant area of --
                               (a)   by-laws which applied to the area under the order
20                                   immediately before the commencement day; and
                               (b)   local laws amending those by-laws.
                     (4b)    An order made under section 190(8) of the former
                             provisions may be revoked under section 3.6(3) as if it was
                             an approval given under section 3.6(1).
25                                                                                          ".
           (3)        The amendment effected by subsection (2) is to be taken to have
                      come into operation on the day on which the Local Government
                      Act 1995 came into operation and any laws referred to in --
                        (a) subclause (4a)(a) of that amendment are to be taken to
30                           have applied from that day; and
                        (b) subclause (4a)(b) of that amendment are to be taken to
                             have applied from the day on which the local law
                             commenced.

     page 46
                                                  Local Government Amendment Bill 2003
                                                        Other amendments        Part 4


                                                                                  s. 74


     74.         References to "Land Act 1933" changed
           (1)   Section 9.48(2) is amended in the definition of "official plan" in
                 paragraph (b) by inserting after "Part" --
                 "    IIIB or     ".
5          (2)   Section 9.69(1) is amended as follows:
                  (a) by deleting the definition of "authorized land officer"
                        and inserting the following definition instead --
                 "
                           "authorised land officer" has the same meaning as in
10                             the Land Administration Act 1997;
                                                                                    ";
                     (b)    in the definition of "Department" by deleting "Land
                            Act 1933" and inserting instead --
                            " Transfer of Land Act 1893 ".
15         (3)   Section 9.69(3) is amended by deleting "Land Act 1933" and
                 inserting instead --
                 "    Transfer of Land Act 1893           ".
           (4)   Each provision referred to in the Table to this subsection is
                 amended by deleting "Land Act 1933" and inserting instead --
20               "    Land Administration Act 1997             ".
                                                  Table
                             s. 3.54(1) and (2)           s. 9.48(2)
                             s. 9.41(2)




                                                                               page 47
Local Government Amendment Bill 2003



Schedule 1      Consequential amendments to other Acts



  Schedule 1 -- Consequential amendments to other Acts
                                                                       [s. 13]
             Division 1 -- Amendments related to WALGA
          Act                               Amendment
  Caravan Parks and     Section 25(2)(a)(i) is amended by deleting
  Camping Grounds       "Municipal" and inserting instead --
  Act 1995
                        "   Local Government        ".
  Control of Vehicles   Section 21(1)(b) and (c) are deleted and the
  (Off-road Areas)      following paragraph is inserted instead --
  Act 1978                             "
                                            (b)   2 shall be persons
                                                  selected from a panel
                                                  of names submitted to
                                                  the Minister by the
                                                  body known as the
                                                  Western Australian
                                                  Local Government
                                                  Association;
                                                                          ".
  Country Housing       Section 5(1)(b) is amended by deleting "Municipal"
  Act 1998              and inserting instead --
                        "   Local Government        ".
                        Section 5(1)(b) and (2) are amended by deleting
                        "WAMA" and inserting instead --
                        "   WALGA          ".
  Fluoridation of       Section 5(3)(c) is amended by deleting "Local
  Public Water          Government Association of Western Australia" and
  Supplies Act 1966     inserting instead --
                                "
                                       Western Australian Local
                                       Government Association
                                                                          ".



page 48
                                   Local Government Amendment Bill 2003



                    Consequential amendments to other Acts         Schedule 1



        Act                                Amendment

 


 

ibrary Board of Section 5(3)(b) is amended by deleting Western Australia "subsection (4)" and inserting instead -- Act 1951 " subsections (4) and (4a) ". Section 5(4) is repealed and the following subsections are inserted instead -- " (4) A panel of the names of 3 persons, each of whom is resident in Western Australia, is to be submitted to the Minister under each of the following paragraphs by the body referred to in that paragraph and the Minister shall select one of the persons named from each panel to be the member of the Board for the purposes of that paragraph -- (a) representing the Australian Library and Information Association; (b) representing the City of Perth; (c) representing the City of Fremantle; (d) WALGA representing local government districts that are in the metropolitan area; page 49 Local Government Amendment Bill 2003 Schedule 1 Consequential amendments to other Acts Act Amendment (e) WALGA representing local government districts that are cities or towns and are not in the metropolitan area; (f) WALGA representing local government districts that are shires and are not in the metropolitan area, and for the purpose of filling any vacancy in the office of such a member, as soon as practicable after the vacancy occurs, the Minister shall request the body referred to in the paragraph under which the vacancy has occurred to submit to the Minister a panel of names under that paragraph within 28 days of the service of the request, but where no panel of names is submitted in response to the request within that time the Governor, on the recommendation of the Minister, may appoint a person under the appropriate paragraph as a member of the page 50 Local Government Amendment Bill 2003 Consequential amendments to other Acts Schedule 1 Act Amendment Board notwithstanding that the panel was not so submitted to the Minister. (4a) Terms used in subsection (4)(d), (e) and (f) have the same meanings as in the Local Government Act 1995. ".

 


 

itter Act 1979 Section 9(1)(j) and (k) are deleted and the following paragraph is inserted instead -- " (j) 2 shall be appointed on the nomination of the body known as the Western Australian Local Government Association; ".

 


 

ocal Government Section 5(1)(c)(i) is amended by deleting "the body Grants Act 1978 known as the Local Government Association of Western Australia;" and inserting instead -- " WALGA representing local government districts that are in the metropolitan area; ". page 51 Local Government Amendment Bill 2003 Schedule 1 Consequential amendments to other Acts Act Amendment Section 5(1)(c)(ii) is amended by deleting "the body known as the Country Shire Councils' Association of W.A.;" and inserting instead -- " WALGA representing local government districts that are shires and are not in the metropolitan area; ". Section 5(1)(c)(iii) is amended by deleting "the body known as the Country Urban Councils' Association." and inserting instead -- " WALGA representing local government districts that are cities or towns and are not in the metropolitan area. ". After section (5)(1) the following subsection is inserted -- " (1a) Terms used in subsection (1)(c) have the same meanings as in the Local Government Act 1995. ". page 52 Local Government Amendment Bill 2003 Consequential amendments to other Acts Schedule 1 Act Amendment After section (5)(2) the following subsection is inserted -- " (2a) If a panel of names is not submitted in writing under paragraph (c)(i), (ii) or (iii) to the Minister in accordance with the invitation of the Minister, the Minister may nominate any eligible person for appointment and that person may be appointed as if selected from a panel as required. ". Section 13 is amended by deleting "Local Government Association of Western Australia, the Country Shire Councils' Association of Western Australia, the Country Urban Councils' Association," and inserting instead -- " body known as the Western Australian Local Government Association ". National Trust of Section 10(b)(viii) is amended by deleting "bodies Australia (W.A.) known as the Local Government Association of Act 1964 Western Australia and the Country Shire Councils' Association of W.A" and inserting instead -- " body known as the Western Australian Local Government Association ". page 53 Local Government Amendment Bill 2003 Schedule 1 Consequential amendments to other Acts Act Amendment Regional Section 34(3) is amended by deleting "Municipal" Development and inserting instead -- Commissions Act 1993 " Local Government ". Road Safety Council Section 6(1)(c) is amended by deleting "Municipal" Act 2002 and inserting instead -- " Local Government ". Swan River Trust Section 12(1)(f) is amended by deleting "Local Act 1988 Government Association of Western Australia" and inserting instead -- " Western Australian Local Government Association ". Section 35(c) is amended by deleting "Local Government Association of Western Australia" and inserting instead -- " Western Australian Local Government Association ". Section 39(1) is amended by deleting "Local Government Association of Western Australia" and inserting instead -- " Western Australian Local Government Association ". page 54 Local Government Amendment Bill 2003 Consequential amendments to other Acts Schedule 1 Act Amendment Town Planning and Section 5AA(3) is amended by deleting "Local Development Government Association of Western Australia Act 1928 (Inc.), the Country Shire Councils' Association of W.A. and the Country Town Councils' Association" and inserting instead -- " Western Australian Local Government Association ". Western Australian Section 3 is amended in the definition of "WAMA" Planning as follows: Commission (a) by deleting "WAMA" and inserting Act 1985 instead -- " WALGA "; (b) in paragraph (a) by deleting "Municipal" and inserting instead -- " Local Government ". Sections 5(1)(b)(i) and (ii) and (2), 19(1i)(a)(iv) and (1j) are amended by deleting "WAMA" wherever it occurs and inserting instead -- " WALGA ". page 55 Local Government Amendment Bill 2003 Schedule 1 Consequential amendments to other Acts Division 2 -- Salaries and Allowances Act 1975 Act Amendment Salaries and After section 7 the following section is inserted -- Allowances Act 1975 " 7A. Recommendations as to remuneration of local government CEOs (1) The Tribunal shall, from time to time, inquire into and make a report containing recommendations as to the remuneration to be paid or provided to chief executive officers of local governments. (2) A report of the Tribunal made under this section shall be -- (a) in writing; and (b) signed by the members. (3) A copy of every report made by the Tribunal under this section shall be published in the Gazette. ". Section 8 is amended as follows: (a) after paragraph (a) by deleting "and"; (b) after paragraph (b) by deleting the full stop and inserting -- " ; and (c) not more than a year elapses between one report under section 7A and another. ". page 56 Local Government Amendment Bill 2003 Consequential amendments to other Acts Schedule 1 Act Amendment Section 10(4) is amended as follows: (a) after paragraph (a) by deleting "and"; (b) after paragraph (b) by deleting the full stop and inserting -- " ; and (c) appoint a person nominated from time to time in writing by the chief executive officer of the department principally assisting the Minister in the administration of the Local Government Act 1995 to assist the Tribunal in an inquiry in so far as it relates to the remuneration to be paid or provided to chief executive officers of local governments referred to in section 7A. ". page 57 Local Government Amendment Bill 2003 Schedule 2 Transitional and validation provisions -- WALGA Schedule 2 -- Transitional and validation provisions -- WALGA [s. 14] 1. Interpretation 5 In this Schedule -- "anything done" means anything done, or omitted, or purported to be done or omitted; "commencement" means the commencement of section 10; "body previously constituted under section 9.58" means a body 10 constituted under section 9.58 of the Local Government Act 1995 before the commencement; "WALGA" means the Western Australian Local Government Association constituted under section 9.58 of the Local Government Act 1995 after the commencement. 15 2. WALGA successor in law to bodies previously constituted under section 9.58 (1) On the commencement, WALGA becomes the successor in law of each body previously constituted under section 9.58. (2) In particular -- 20 (a) each body previously constituted under section 9.58 is dissolved; (b) the property of each body previously constituted under section 9.58 becomes the property of WALGA; (c) all assets, liabilities, rights and duties of the body previously 25 constituted under section 9.58 becomes the assets, liabilities, rights and duties of WALGA; (d) any proceedings or remedy that immediately before the commencement might have been brought or continued by or available against or to a body previously constituted under 30 section 9.58, may be brought or continued and are available, by or against or to WALGA; page 58 Local Government Amendment Bill 2003 Transitional and validation provisions -- WALGA Schedule 2 (e) WALGA is to take delivery of all papers, documents, minutes, books of account and other records (however compiled, recorded or stored) relating to the operations of each body previously constituted under section 9.58. 5 3. Agreements and instruments Any agreement or instrument subsisting immediately before the commencement -- (a) to which a body previously constituted under section 9.58 was a party; or 10 (b) which contains a reference to a body previously constituted under section 9.58, has effect after the commencement as if -- (c) WALGA were substituted for the body previously constituted under section 9.58 as a party to the agreement or instrument; 15 and (d) any reference in the agreement or instrument to the body previously constituted under section 9.58 were (unless the context otherwise requires) amended to be or include a reference to WALGA. 20 4. Validation Anything done before the commencement under the name of WALGA, or the Western Australian Local Government Association, by, to, or in respect of, a body previously constituted under section 9.58 is as valid and effective, and is to be taken to have always 25 been as valid and effective, as it would have been had the thing been done after the commencement by, to, or in respect of WALGA. 5. Interpretation Act 1984 not affected Nothing in this Schedule is to be construed so as to limit the operation of the Interpretation Act 1984.

 


[Index] [Search] [Download] [Related Items] [Help]