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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Local Government Amendment
(Miscellaneous) Bill 2006
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Local Government Act 1993 No 30 2
4 Amendment of Local Government (General)
Regulation 2005 2
5 Repeal of Act 2
Schedule 1 Amendment of Local Government Act 1993 3
Schedule 2 Amendment of Local Government (General)
Regulation 2005 6
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2006
New South Wales
Local Government Amendment
(Miscellaneous) Bill 2006
Act No , 2006
An Act to amend the Local Government Act 1993 with respect to constitutional
referenda, council meetings, by-elections and service of notices; and for other
purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Local Government Amendment (Miscellaneous) Bill 2006
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Local Government Amendment (Miscellaneous)
Act 2006.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Amendment of Local Government Act 1993 No 30
The Local Government Act 1993 is amended as set out in Schedule 1.
4 Amendment of Local Government (General) Regulation 2005
The Local Government (General) Regulation 2005 is amended as set
out in Schedule 2.
5 Repeal of Act
(1) This Act is repealed on the day following the day on which all of the
provisions of this Act have commenced.
(2) The repeal of this Act does not, because of the operation of section 30
of the Interpretation Act 1987, affect any amendment made by this Act.
Page 2
Local Government Amendment (Miscellaneous) Bill 2006
Amendment of Local Government Act 1993 Schedule 1
Schedule 1 Amendment of Local Government Act
1993
(Section 3)
[1] Section 20 When is a question at a council poll or constitutional
referendum carried?
Insert at the end of the section:
(2) The reference to votes in subsection (1) does not include a
reference to any vote that, pursuant to the regulations, is found to
be informal.
[2] Section 234 When does a vacancy occur in a civic office?
Insert after section 234 (2):
(3) If the holder of a civic office attends a council meeting (whether
or not an ordinary meeting) despite having been granted leave of
absence, the leave of absence is taken to have been rescinded as
regards any future council meeting.
(4) Subsection (3) does not prevent the council from granting further
leave of absence in respect of any future council meeting.
[3] Section 294 Dispensing with by-elections
Omit "1 April" from section 294 (1). Insert instead "1 October".
[4] Section 377 General power of the council to delegate
Insert before the third last dot point in section 377 (1):
· a decision under section 234 to grant leave of absence to
the holder of a civic office
[5] Section 377 (1)
Renumber the dot point paragraphs (including the paragraph inserted by item
[4]) as paragraphs (a)(u), and insert commas at the end of each paragraph,
other than the last.
[6] Section 710 Service of notices on persons
Insert "transmitting the notice by" before "facsimile transmission" in section
710 (2) (d).
Page 3
Local Government Amendment (Miscellaneous) Bill 2006
Schedule 1 Amendment of Local Government Act 1993
[7] Section 710 (2) (d1)
Insert after section 710 (2) (d):
(d1) by transmitting the notice by electronic mail to an email
address specified by the person (on correspondence or
otherwise) as an address to which electronic mail to that
person may be transmitted, or
[8] Section 710 (2A)(2C)
Insert after section 710 (2):
(2A) Subsection (2) (d1) does not authorise a notice to be transmitted
to a person by electronic mail unless the person has requested the
council, in writing, that notices of that kind be transmitted to the
person by electronic mail, and has not subsequently withdrawn
the request.
(2B) A person's request under subsection (2A) is taken to have been
withdrawn in relation to a particular kind of notice only if the
person has informed the council, in writing, that notices of that
kind are no longer to be transmitted to the person by electronic
mail.
(2C) While a person's request under subsection (2A) has effect in
relation to a particular kind of notice, the address to which notices
of that kind are to be transmitted is:
(a) the email address indicated in the request, or
(b) if the person subsequently directs the council, in writing, to
transmit notices of that kind to a different email address,
that different address.
[9] Section 710 (8)
Insert ", or its transmission by electronic mail has been initiated," after
"posted".
[10] Schedule 8 Savings, transitional and other provisions consequent on
the enactment of other Acts
Insert at the end of clause 1 (1):
Local Government Amendment (Miscellaneous) Act 2006
Page 4
Local Government Amendment (Miscellaneous) Bill 2006
Amendment of Local Government Act 1993 Schedule 1
[11] Schedule 8
Insert at the end of the Schedule, with appropriate numbering:
Part Provisions consequent on enactment of
Local Government Amendment
(Miscellaneous) Act 2006
Definition
In this Part:
the 2006 amending Act means the Local Government
Amendment (Miscellaneous) Act 2006.
Council polls and constitutional referendums
Section 20, as amended by the 2006 amending Act, extends to
any council poll or constitutional referendum initiated before that
section was so amended.
Leave of absence
Section 234, as amended by the 2006 amending Act, extends to
any leave of absence granted before that section was so amended.
Page 5
Local Government Amendment (Miscellaneous) Bill 2006
Schedule 2 Amendment of Local Government (General) Regulation 2005
Schedule 2 Amendment of Local Government
(General) Regulation 2005
(Section 4)
[1] Clause 235A
Insert after clause 235:
235A Leave of absence
(1) A councillor's application for leave of absence from council
meetings should, if practicable, identify (by date) the meetings
from which the councillor intends to be absent.
(2) A councillor who intends to attend a council meeting despite
having been granted leave of absence should, if practicable, give
the general manager at least 2 days' notice of his or her intention
to attend.
[2] Part 13, Division 11
Insert after Division 10 of Part 13:
Division 11 Functions of general manager
413A Functions of general manager (section 335)
If a court or tribunal orders a council to pay any fine or other
penalty, or to pay costs in relation to any legal proceedings, it is
the duty of the council's general manager to ensure that the
following information is made available to each councillor as
soon as practicable after the order is made:
(a) the date on which the order was made,
(b) the amount of the fine, penalty or costs,
(c) the act or omission giving rise to the fine or penalty, or the
nature of the legal proceedings giving rise to the costs, as
the case may be.
Page 6
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