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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
ocal Government Amendment Bill 2009
CONTENTS
Part 1 -- Preliminary matters
1. Short title 2
2. Commencement 2
3. Act amended 2
Part 2 -- Amendments about
introductory matters and the
constitution of local government
4. Section 2.7 amended 3
5. Section 2.25 amended 3
6. Section 2.27 amended 5
7. Section 2.39 amended 6
Part 3 -- Amendments about
functions of local governments
8. Section 3.27 amended 7
9. Section 3.47 amended 7
10. Section 3.58 amended 7
11. Section 3.64 amended 9
Part 4 -- Amendments about
elections and other polls
12. Section 4.17 amended 10
13. Section 4.30 amended 10
14. Section 4.32 amended 11
15. Section 4.33 amended 12
16. Section 4.43 amended 13
17. Section 4.44A inserted 13
4.44A. Alteration of rolls 13
028--1 page i
Local Government Amendment Bill 2009
Contents
18. Section 4.48 amended 13
19. Section 4.59 amended 14
Part 5 -- Amendments about
administration
20. Section 5.11A inserted 15
5.11A. Deputy committee members 15
21. Section 5.36 amended 16
22. Section 5.37 amended 16
23. Section 5.43 amended 16
24. Section 5.47 replaced 17
5.47. Superannuation regulations 17
25. Section 5.48 amended 17
26. Section 5.62 amended 17
27. Section 5.63 amended 18
28. Section 5.78 amended 18
29. Section 5.82 amended 18
30. Section 5.83 amended 18
31. Section 5.96 amended 19
32. Part 5 Division 8 heading replaced 19
Division 8 -- Local government payments and gifts
to its members
33. Section 5.98 amended 19
34. Section 5.100A inserted 19
5.100A. Gifts to council members 19
35. Section 5.101A inserted 20
5.101A. Regulations about payment of expenses 20
Part 6 -- Amendments about
financial management
36. Section 6.14 amended 21
37. Section 6.25 amended 21
38. Section 6.29 replaced 22
6.29. Valuation and rates on mining and
petroleum interests 22
39. Section 6.33 amended 23
40. Section 6.68 amended 24
Part 7 -- Other amendments
41. Section 8.2 amended 25
42. Section 9.16 amended 25
page ii
Local Government Amendment Bill 2009
Contents
43. Sections 9.49A and 9.49B inserted 26
9.49A. Execution of documents 26
9.49B. Contract formalities 27
44. Various references to "Executive Director"
amended 27
45. Schedule 2.5 amended 28
46. Schedule 3.1 amended 28
47. Schedule 3.2 amended 29
Part 8 -- Consequential amendments
48. Local Government Amendment Act 2004 amended 30
page iii
Western Australia
LEGISLATIVE COUNCIL
Local Government Amendment Bill 2009
A Bill for
An Act to amend the Local Government Act 1995.
The Parliament of Western Australia enacts as follows:
page 1
Local Government Amendment Bill 2009
Part 1 Preliminary matters
s. 1
1 Part 1 -- Preliminary matters
2 1. Short title
3 This is the Local Government Amendment Act 2009.
4 2. Commencement
5 This Act comes into operation as follows --
6 (a) sections 1 and 2 -- on the day on which this Act
7 receives the Royal Assent;
8 (b) the rest of the Act -- on a day fixed by proclamation,
9 and different days may be fixed for different provisions.
10 3. Act amended
11 This Act amends the Local Government Act 1995.
page 2
Local Government Amendment Bill 2009
Amendments about introductory matters and the constitution of Part 2
local government
s. 4
1 Part 2 -- Amendments about introductory matters and
2 the constitution of local government
3 4. Section 2.7 amended
4 In section 2.7(1)(a) delete "directs and controls" and insert:
5
6 governs
7
8 5. Section 2.25 amended
9 (1) In section 2.25(2) delete "Minister." and insert:
10
11 Minister, unless all of the meetings are within a period
12 of 3 months.
13
14 (2) After section 2.25(2) insert:
15
16 (3A) Leave is not to be granted in respect of --
17 (a) a meeting that has concluded; or
18 (b) the part of a meeting before the granting of
19 leave.
20
21 (3) In section 2.25(4):
22 (a) delete "first";
23 (b) delete "council." and insert:
24
25 council, unless all of the meetings are within a 2 month
26 period.
27
page 3
Local Government Amendment Bill 2009
Part 2 Amendments about introductory matters and the constitution of
local government
s. 5
1 (4) After section 2.25(4) insert:
2
3 (5A) If a council holds 3 or more ordinary meetings within a
4 2 month period, and a member is absent without leave
5 throughout each of those meetings, the member is
6 disqualified if he or she is absent without leave
7 throughout the ordinary meeting of the council
8 immediately following the end of that period.
9
10 (5) In section 2.25(5)(b):
11 (a) delete "while" (first occurrence);
12 (b) at the beginning of subparagraph (i) insert:
13
14 while
15
16 (c) after subparagraph (ii) insert:
17
18 (iiia) while the member is suspended under
19 section 5.117(1)(a)(iv); or
20
21 (d) after subparagraph (i) insert:
22
23 or
24
25 (6) After section 2.25(5) insert:
26
27 (6) A member who before the commencement of the Local
28 Government Amendment Act 2009 section 5 was
29 granted leave during an ordinary meeting of the council
30 from which the member was absent is to be taken to
31 have first obtained leave for the remainder of that
32 meeting.
33
page 4
Local Government Amendment Bill 2009
Amendments about introductory matters and the constitution of Part 2
local government
s. 6
1 6. Section 2.27 amended
2 (1) In section 2.27(4)(a) delete "28" and insert:
3
4 14
5
6 (2) In section 2.27(6) delete paragraph (b) and all of the subsection
7 after it and insert:
8
9 (b) applies to the State Administrative Tribunal
10 asking for a declaration as to whether or not the
11 member is disqualified and gives a copy of the
12 application to the CEO,
13 the member is taken to have been disqualified for the
14 reasons indicated in the CEO's notice.
15
16 (3) After section 2.27(6) insert:
17
18 (7A) If subsection (6) applies to a member the CEO is to
19 give the member a written notice to that effect.
20
21 (4) In section 2.27(7) delete "A person other than the CEO" and
22 insert:
23
24 The CEO or any other person
25
26 (5) After section 2.27(9) insert:
27
28 (10) This section as in force immediately before the
29 commencement of the Local Government Amendment
30 Act 2009 section 6 applies to and in respect of a notice
31 given under section 2.27(3) before that
32 commencement.
33
page 5
Local Government Amendment Bill 2009
Part 2 Amendments about introductory matters and the constitution of
local government
s. 7
1 7. Section 2.39 amended
2 (1) In section 2.39 delete "A commissioner" and insert:
3
4 (1) A commissioner
5
6 (2) At the end of section 2.39 insert:
7
8 (2) Subsection (1) does not prevent the appointment of a
9 person under Schedule 2.4 clause 4 to fill a vacancy in
10 the office of commissioner.
11
page 6
Local Government Amendment Bill 2009
Amendments about functions of local governments Part 3
s. 8
1 Part 3 -- Amendments about functions of
2 local governments
3 8. Section 3.27 amended
4 (1) After section 3.27(1) insert:
5
6 (2A) In subsection (1) land includes Crown land the subject
7 of a pastoral lease within the meaning of the Land
8 Administration Act 1997 section 3.
9
10 (2) After section 3.27(3) insert:
11
12 (4A) For the purposes of subsection (3), planting pasture on
13 land for grazing does not amount to cultivating the
14 land.
15
16 9. Section 3.47 amended
17 In section 3.47(2b):
18 (a) after paragraph (b) delete "and";
19 (b) after paragraph (b) insert:
20
21 (ca) for prescribed non-perishable goods --
22 one month;
23
24 10. Section 3.58 amended
25 (1) After section 3.58(3)(a)(i) insert:
26
27 and
28
page 7
Local Government Amendment Bill 2009
Part 3 Amendments about functions of local governments
s. 10
1 (2) In section 3.58(4):
2 (a) delete paragraph (c) and insert:
3
4 (c) the market value of the disposition --
5 (i) as ascertained by a valuation carried out
6 not more than 6 months before the
7 proposed disposition; or
8 (ii) as declared by a resolution of the local
9 government on the basis of a valuation
10 carried out more than 6 months before
11 the proposed disposition that the local
12 government believes to be a true
13 indication of the value at the time of the
14 proposed disposition.
15
16 (b) after paragraph (a) insert:
17
18 and
19
20 (3) In section 3.58(5):
21 (a) delete paragraph (a) and insert:
22
23 (a) a disposition of an interest in land under the
24 Land Administration Act 1997 section 189 or
25 190; or
26
27 (b) after paragraph (b) insert:
28
29 or
30
page 8
Local Government Amendment Bill 2009
Amendments about functions of local governments Part 3
s. 11
1 11. Section 3.64 amended
2 In section 3.64(d) after "members" insert:
3
4 and deputy members
5
page 9
Local Government Amendment Bill 2009
Part 4 Amendments about elections and other polls
s. 12
1 Part 4 -- Amendments about elections and other polls
2 12. Section 4.17 amended
3 (1) In section 4.17(3) delete all the words before "the council may,"
4 and insert:
5
6 If a councillor's office becomes vacant under
7 section 2.32 and under subsection (4A) this subsection
8 applies,
9
10 (2) After section 4.17(3) insert:
11
12 (4A) Subsection (3) applies --
13 (a) if --
14 (i) the office is for a district that has no
15 wards; and
16 (ii) at least 80% of the number of offices of
17 member of the council in the district are
18 still filled;
19 or
20 (b) if --
21 (i) the office is for a ward for which there
22 are 5 or more offices of councillor; and
23 (ii) at least 80% of the number of offices of
24 councillor for the ward are still filled.
25
26 13. Section 4.30 amended
27 (1) In section 4.30(1):
28 (a) delete paragraph (c) and insert:
29
30 (c) has made a successful eligibility claim that still
31 has effect under section 4.33.
32
page 10
Local Government Amendment Bill 2009
Amendments about elections and other polls Part 4
s. 14
1 (b) after paragraph (a) insert:
2
3 and
4
5 (2) After section 4.30(2) insert:
6
7 (3) For the purposes of subsection (1)(c) an eligibility
8 claim is successful if it is accepted under section 4.32,
9 whether or not the acceptance is before the close of
10 enrolments, as defined in section 4.39(1).
11 (4) A person who is eligible under subsection (1) to vote at
12 an election held less than 50 days after the
13 commencement of the Local Government Amendment
14 Act 2009 section 13 is eligible to vote at that election.
15
16 14. Section 4.32 amended
17 (1) In section 4.32(4) delete "Within" and insert:
18
19 Except as provided for in subsection (5A), within
20
21 (2) After subsection (4) insert:
22
23 (5A) If a claim is made before the close of enrolments as
24 defined in section 4.39(1), but less than 14 days before
25 the close of nominations as defined in section 4.49(a),
26 the CEO is to decide whether to accept or reject the
27 claim before the close of nominations.
28
page 11
Local Government Amendment Bill 2009
Part 4 Amendments about elections and other polls
s. 15
1 15. Section 4.33 amended
2 (1) Delete section 4.33(1a) and (2) and insert:
3
4 (2A) Unless subsection (2B) or (3) applies, if an enrolment
5 eligibility claim made by a person on the basis of
6 occupation of rateable property within the electorate is
7 accepted under section 4.32(4) or (8), the claim expires
8 on the day 6 months after the holding of the second
9 ordinary elections of the local government after the
10 claim is accepted.
11 (2B) If an enrolment eligibility claim on the basis of
12 occupation of rateable property within the electorate
13 is --
14 (a) made within the period of 49 days before the
15 election day for ordinary elections of the local
16 government; and
17 (b) accepted under section 4.32(4) or (8) before the
18 election day,
19 the claim expires on the day 6 months after the holding
20 of the third ordinary elections of the local government
21 after the claim is accepted.
22 (2) For the purpose of subsection (2A) or (2B), an election
23 that would have been held on a particular day but for
24 the suspension of the council of the local government is
25 to be regarded as having been held on that day.
26
27 (2) In section 4.33(3) delete "subclause (1a)" and insert:
28
29 subsection (2A) or (2B)
30
page 12
Local Government Amendment Bill 2009
Amendments about elections and other polls Part 4
s. 16
1 16. Section 4.43 amended
2 In section 4.43(3b) after "altered" insert:
3
4 under this section or section 4.44A
5
6 17. Section 4.44A inserted
7 After section 4.43 insert:
8
9 4.44A. Alteration of rolls
10 (1) The returning officer may alter the owners and
11 occupiers roll by including the name of an elector
12 whose enrolment eligibility claim was made under
13 section 4.32(1) before the close of enrolments, as
14 defined in section 4.39(1), but accepted after that time.
15 (2) If the returning officer is not the CEO, the returning
16 officer may direct the CEO to make an alteration to the
17 roll described in subsection (1) and the CEO is to
18 comply with that direction.
19
20 18. Section 4.48 amended
21 Delete section 4.48(2) and insert:
22
23 (2) If the election is to fill the office of elector mayor or
24 president, a person can only be a candidate if the
25 person was an elector of the district who, as at the close
26 of enrolments and at the time of nomination, was
27 qualified under section 2.19 to be elected as a member
28 of the council.
29
page 13
Local Government Amendment Bill 2009
Part 4 Amendments about elections and other polls
s. 19
1 19. Section 4.59 amended
2 In section 4.59:
3 (a) in paragraph (b) delete "candidates." and insert:
4
5 candidates; and
6
7 (b) after paragraph (b) insert:
8
9 (c) the provision of information as to expenditure
10 incurred in relation to an election by or for the
11 benefit of candidates.
12
page 14
Local Government Amendment Bill 2009
Amendments about administration Part 5
s. 20
1 Part 5 -- Amendments about administration
2 20. Section 5.11A inserted
3 After section 5.10 insert:
4
5 5.11A. Deputy committee members
6 (1) The local government may appoint* a person to be a
7 deputy of a member of a committee and may terminate
8 such an appointment* at any time.
9 * Absolute majority required.
10 (2) A person who is appointed as a deputy of a member of
11 a committee is to be --
12 (a) if the member of the committee is a council
13 member -- a council member; or
14 (b) if the member of the committee is an
15 employee -- an employee; or
16 (c) if the member of the committee is not a council
17 member or an employee -- a person who is not
18 a council member or an employee; or
19 (d) if the member of the committee is a person
20 appointed under section 5.10(5) -- a person
21 nominated by the CEO.
22 (3) A deputy of a member of a committee may perform the
23 functions of the member when the member is unable to
24 do so by reason of illness, absence or other cause.
25 (4) A deputy of a member of a committee, while acting as
26 a member, has all the functions of and all the protection
27 given to a member.
28
page 15
Local Government Amendment Bill 2009
Part 5 Amendments about administration
s. 21
1 21. Section 5.36 amended
2 (1) In section 5.36(4) delete "If " and insert:
3
4 Unless subsection (5A) applies, if
5
6 (2) After section 5.36(4) insert:
7
8 (5A) Subsection (4) does not require a position to be
9 advertised if it is proposed that the position be filled by
10 a person in a prescribed class.
11
12 22. Section 5.37 amended
13 (1) In section 5.37(3) delete "If " and insert:
14
15 Unless subsection (4A) applies, if
16
17 (2) After section 5.37(3) insert:
18
19 (4A) Subsection (3) does not require a position to be
20 advertised if it is proposed that the position be filled by
21 a person in a prescribed class.
22
23 23. Section 5.43 amended
24 In section 5.43:
25 (a) after paragraph (g) insert:
26
27 (ha) the power under section 9.49A(4) to authorise a
28 person to sign documents on behalf of the local
29 government;
30
31 (b) after paragraph (h) delete "or".
page 16
Local Government Amendment Bill 2009
Amendments about administration Part 5
s. 24
1 24. Section 5.47 replaced
2 Delete section 5.47 and insert:
3
4 5.47. Superannuation regulations
5 The Governor may make regulations about any matter
6 relating to the provision of superannuation by a local
7 government.
8
9 25. Section 5.48 amended
10 In section 5.48(1) delete the definition of employee and insert:
11
12 employee includes an employee of WALGA;
13
14 26. Section 5.62 amended
15 In section 5.62(1):
16 (a) after paragraph (ea) insert:
17
18 (eb) the relevant person is a council member and
19 since the relevant person was last elected the
20 person --
21 (i) gave to the relevant person a gift that
22 section 5.82 requires the relevant person
23 to disclose; or
24 (ii) made a contribution to travel undertaken
25 by the relevant person that section 5.83
26 requires the relevant person to disclose;
27 or
28
29 (b) after each of paragraphs (a) to (e) insert:
30
31 or
32
page 17
Local Government Amendment Bill 2009
Part 5 Amendments about administration
s. 27
1 27. Section 5.63 amended
2 In section 5.63(1)(b) delete "arising from" and insert:
3
4 in
5
6 28. Section 5.78 amended
7 Delete section 5.78(2)(b) and insert:
8
9 (b) disclose the actual value, amount or extent of
10 any asset, income, interest, debt or disposition
11 referred to in section 5.79, 5.80, 5.81, 5.84,
12 5.85 or 5.86.
13
14 29. Section 5.82 amended
15 In section 5.82(1) after "description" insert:
16
17 and the amount
18
19 30. Section 5.83 amended
20 Delete section 5.83(1) and insert:
21
22 (1) A relevant person is to disclose in an annual return --
23 (a) the description and the amount of each financial
24 or other contribution that has been made to any
25 travel undertaken by the person at any time
26 during the return period; and
27 (b) the name and address of the person who made
28 each contribution to which paragraph (a)
29 applies.
30
page 18
Local Government Amendment Bill 2009
Amendments about administration Part 5
s. 31
1 31. Section 5.96 amended
2 In section 5.96 delete "information and" and insert:
3
4 information and, unless regulations prescribe otherwise,
5
6 32. Part 5 Division 8 heading replaced
7 Delete the heading to Part 5 Division 8 and insert:
8
9 Division 8 -- Local government payments and gifts to
10 its members
11
12 33. Section 5.98 amended
13 After section 5.98(1) insert:
14
15 (2A) A council member who attends a meeting of a
16 prescribed type at the request of the council is entitled
17 to be paid --
18 (a) the prescribed minimum fee for attending a
19 meeting of that type; or
20 (b) where the local government has set a fee within
21 the prescribed range for meetings of that type,
22 that fee.
23
24 34. Section 5.100A inserted
25 After section 5.99A insert:
26
27 5.100A. Gifts to council members
28 A local government cannot give a gift to a council
29 member unless --
30 (a) the gift is given in prescribed circumstances;
31 and
page 19
Local Government Amendment Bill 2009
Part 5 Amendments about administration
s. 35
1 (b) the value of the gift is less than a prescribed
2 amount.
3
4 35. Section 5.101A inserted
5 After section 5.101 insert:
6
7 5.101A. Regulations about payment of expenses
8 Regulations may be made about the method of
9 payment of an expense for which a person can be
10 reimbursed.
11
page 20
Local Government Amendment Bill 2009
Amendments about financial management Part 6
s. 36
1 Part 6 -- Amendments about financial management
2 36. Section 6.14 amended
3 In section 6.14(2):
4 (a) delete paragraphs (a) and (b);
5 (b) after paragraph (c) insert:
6
7 and
8
9 37. Section 6.25 amended
10 In section 6.25 insert in alphabetical order:
11
12 owner --
13 (a) in relation to land in a retirement village as
14 defined in the Retirement Villages Act 1992
15 means --
16 (i) the owner, as defined in that Act
17 section 3(1); or
18 (ii) a mortgagee in possession of the land;
19 or
20 (iii) a trustee, executor, administrator,
21 attorney or agent of a person mentioned
22 in this paragraph who is in possession of
23 the land;
24 (b) otherwise has the meaning given in section 1.4;
25
page 21
Local Government Amendment Bill 2009
Part 6 Amendments about financial management
s. 38
1 38. Section 6.29 replaced
2 Delete section 6.29 and insert:
3
4 6.29. Valuation and rates on mining and petroleum
5 interests
6 (1) In this section --
7 relevant interest means --
8 (a) a mining tenement held under the Mining
9 Act 1978 (whether within the meaning given to
10 that term by that Act or by the Mining
11 Act 1904); or
12 (b) a permit, drilling reservation, lease or licence
13 held under the Petroleum and Geothermal
14 Energy Resources Act 1967.
15 (2) Regardless of any determination made under
16 section 6.28(1), the basis for a rate on a relevant
17 interest is to be the unimproved value of the land,
18 except as provided for in subsection (3).
19 (3) Subsection (2) does not apply to a relevant interest in a
20 portion of land on which capital improvements are
21 located if --
22 (a) the Minister has determined under
23 section 6.28(1) that the gross rental value of the
24 land is to be used as the basis for a rate on that
25 interest; and
26 (b) the determination expressly excludes the
27 application of subsection (2).
28 (4) The Minister cannot determine under section 6.28(1)
29 that the gross rental value of the land is to be used as
30 the basis for a rate on a relevant interest in a portion of
31 land if another estate in that portion of land is rateable
32 on the basis of the gross rental value of the land.
page 22
Local Government Amendment Bill 2009
Amendments about financial management Part 6
s. 39
1 (5) For the purpose of subsection (3)(b) a determination is
2 to be taken to expressly exclude the application of
3 subsection (2) if the determination --
4 (a) was made before the commencement of the
5 Local Government Amendment Act 2009
6 section 38; and
7 (b) specifically applies to the particular relevant
8 interest.
9
10 39. Section 6.33 amended
11 (1) In section 6.33(1):
12 (a) in paragraph (a) delete "zoned" and insert:
13
14 zoned, whether or not
15
16 (b) in paragraph (b) delete "the predominant" and insert:
17
18 a
19
20 (2) After section 6.33(4) insert:
21
22 (5) A differential general rate that a local government
23 purported to impose under this Act before the Local
24 Government Amendment Act 2009 section 39(1)(a)
25 came into operation is to be taken to have been as valid
26 as if the amendment made by that paragraph had been
27 made before the purported imposition of that rate.
28
page 23
Local Government Amendment Bill 2009
Part 6 Amendments about financial management
s. 40
1 40. Section 6.68 amended
2 Delete section 6.68(2) and insert:
3
4 (2) A local government is not required to attempt under
5 section 6.56 to recover money due to it before
6 exercising the power of sale where the local
7 government --
8 (a) has a reasonable belief that the cost of the
9 proceedings under that section will equal or
10 exceed the value of the land; or
11 (b) having made reasonable efforts to locate the
12 owner of the property is unable to do so.
13 (3A) A local government is to ensure that a decision to
14 exercise a power of sale without having, within the
15 period of 3 years prior to the exercise of the power of
16 sale, attempted under section 6.56 to recover the
17 money due to it and the reasons for the decision are
18 recorded in the minutes of the meeting at which the
19 decision was made.
20
page 24
Local Government Amendment Bill 2009
Other amendments Part 7
s. 41
1 Part 7 -- Other amendments
2 41. Section 8.2 amended
3 (1) In section 8.2(1) delete "local government" (first occurrence)
4 and insert:
5
6 local government, a member of a council, a CEO or an
7 employee
8
9 (2) Delete section 8.2(2) and insert:
10
11 (2) A person who fails to comply with a notice under
12 subsection (1) commits an offence.
13
14 42. Section 9.16 amended
15 (1) After section 9.16(1) insert:
16
17 (2A) If a person who is given a notice under section 9.13
18 about an alleged offence involving a vehicle gives
19 information in accordance with section 9.13(6) about
20 another person who was the driver or person in charge
21 of the vehicle at the time of the alleged offence, the
22 period of 28 days for giving that other person an
23 infringement notice runs from the time the information
24 was given.
25
26 (2) After section 9.16(2) insert:
27
28 (3) An infringement notice given before the
29 commencement of the Local Government Amendment
30 Act 2009 section 42(1) and purporting to be under this
31 section is to be taken to have been as valid as if the
32 amendment made by that subsection had been made
33 before the notice was given.
34
page 25
Local Government Amendment Bill 2009
Part 7 Other amendments
s. 43
1 43. Sections 9.49A and 9.49B inserted
2 At the beginning of Part 9 Division 3 insert:
3
4 9.49A. Execution of documents
5 (1) A document is duly executed by a local government
6 if --
7 (a) the common seal of the local government is
8 affixed to it in accordance with subsections (2)
9 and (3); or
10 (b) it is signed on behalf of the local government
11 by a person or persons authorised under
12 subsection (4) to do so.
13 (2) The common seal of a local government is not to be
14 affixed to any document except as authorised by the
15 local government.
16 (3) The common seal of the local government is to be
17 affixed to a document in the presence of --
18 (a) the mayor or president; and
19 (b) the chief executive officer or a senior employee
20 authorised by the chief executive officer,
21 each of whom is to sign the document to attest that the
22 common seal was so affixed.
23 (4) A local government may, by resolution, authorise the
24 chief executive officer, another employee or an agent
25 of the local government to sign documents on behalf of
26 the local government, either generally or subject to
27 conditions or restrictions specified in the authorisation.
28 (5) A document executed by a person under an authority
29 under subsection (4) is not to be regarded as a deed
30 unless the person executes it as a deed and is permitted
31 to do so by the authorisation.
page 26
Local Government Amendment Bill 2009
Other amendments Part 7
s. 44
1 (6) A document purporting to be executed in accordance
2 with this section is to be presumed to be duly executed
3 unless the contrary is shown.
4 (7) When a document is produced bearing a seal
5 purporting to be the common seal of the local
6 government, it is to be presumed that the seal is the
7 common seal of the local government unless the
8 contrary is shown.
9 9.49B. Contract formalities
10 (1) Insofar as the formalities of making, varying or
11 discharging a contract are concerned, a person acting
12 under the authority of a local government may make,
13 vary or discharge a contract in the name of or on behalf
14 of the local government in the same manner as if that
15 contract was made, varied or discharged by a natural
16 person.
17 (2) The making, variation or discharge of a contract in
18 accordance with subsection (1) is effectual in law and
19 binds the local government concerned and other parties
20 to the contract.
21 (3) Subsection (1) does not prevent a local government
22 from making, varying or discharging a contract under
23 its common seal.
24
25 44. Various references to "Executive Director" amended
26 In the provisions listed in the Table delete "Executive Director"
27 (each occurrence) and insert:
28
29 Departmental CEO
30
page 27
Local Government Amendment Bill 2009
Part 7 Other amendments
s. 45
1 Table
s. 5.108(1), (2)(a) and (3) s. 5.110(2)(b)
s. 5.111(1) and (2) s. 5.112(1), (2), (3), (4) and (5)
s. 5.114(1) and (2) s. 5.115(1) and (2)
s. 5.116(1), (2), (3), (4), (5) s. 5.117(4) and (5)
and (6)
s. 5.118(2) s. 5.119(1)
s. 9.69A
2 45. Schedule 2.5 amended
3 In Schedule 2.5 clause 7(10) delete "procedure." and insert:
4
5 procedure, and other procedure and practice.
6
7 46. Schedule 3.1 amended
8 In Schedule 3.1 Division 1:
9 (a) after item 5A insert:
10
11 5B. Ensure that graffiti that is --
12 (a) applied with the consent of the owner or occupier; and
13 (b) visible from a public place; and
14 (c) considered by the local government to be unsightly or
15 offensive,
16 is obliterated in a manner acceptable to the local government.
17
18 (b) delete item 6 and insert:
19
20 6. Take specified measures for preventing or minimising the
21 movement of sand, silt, clay or rocks on or from the land if, in
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Local Government Amendment Bill 2009
Other amendments Part 7
s. 47
1 the opinion of the local government, that movement would be
2 likely to adversely affect other land.
3
4 47. Schedule 3.2 amended
5 In Schedule 3.2:
6 (a) in item 7 delete "(The cost cannot then be recovered from
7 the owner.)";
8 (b) after item 7 insert:
9
10 8. Obliterate graffiti that is visible from a public place and that has
11 been applied without the consent of the owner or occupier.
12
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Local Government Amendment Bill 2009
Part 8 Consequential amendments
s. 48
1 Part 8 -- Consequential amendments
2 48. Local Government Amendment Act 2004 amended
3 (1) This section amends the Local Government Amendment
4 Act 2004.
5 (2) Delete section 19(2).
6 (3) Delete section 20.
7 (4) Delete section 38(3).
8
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