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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Local Government Amendment (Legal
Status) Bill 2008
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Local Government Act 1993 No 30 2
4 Repeal of Act 2
Schedule 1 Amendments 3
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, , 2008
New South Wales
Local Government Amendment (Legal
Status) Bill 2008
Act No , 2008
An Act to amend the Local Government Act 1993 to make further provision for the
legal capacity and status of local and county councils, and temporary employment.
I have examined this bill and find it to correspond in all respects with the bill as
finally passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Clause 1 Local Government Amendment (Legal Status) Bill 2008
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Local Government Amendment (Legal Status) Act 2008.
2 Commencement
This Act commences on the date of assent.
3 Amendment of Local Government Act 1993 No 30
The Local Government Act 1993 is amended as set out in Schedule 1.
4 Repeal of Act
(1) This Act is repealed on the day following the day on which this Act
commences.
(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 (Legal Status) Bill 2008
Amendments Schedule 1
Schedule 1 Amendments
(Section 3)
[1] Section 220
Omit the section. Insert instead:
220 Legal status of a council
(1) A council is a body politic of the State with perpetual succession
and the legal capacity and powers of an individual, both in and
outside the State.
(2) A council is not a body corporate (including a corporation).
(3) A council does not have the status, privileges and immunities of
the Crown (including the State and the Government of the State).
(4) A law of the State applies to and in respect of a council in the
same way as it applies to and in respect of a body corporate
(including a corporation).
[2] Section 221 What is a council's name?
Omit "corporate" wherever occurring.
[3] Section 351 Temporary appointments
Omit section 351 (2). Insert instead:
(2) A person who is appointed to a position temporarily may not
continue in that position:
(a) if the holder of the position is on parental leave--for a
period of more than 24 months, or
(b) in any other case--for a period of more than 12 months.
[4] Section 358 Restrictions on formation of corporations and other entities
Insert after section 358 (3):
(3A) The regulations may make provision for or with respect to the
matters to be taken into account by the Minister in deciding
whether to grant consent under this section and the conditions
that may or must be specified by the Minister under this section.
Page 3
Local Government Amendment (Legal Status) Bill 2008
Schedule 1 Amendments
[5] Section 388
Omit the section. Insert instead:
388 Legal status of county councils
(1) A proclamation establishing a county council operates to
constitute the county council as a body politic of the State with
perpetual succession and the legal capacity and powers of an
individual, both in and outside the State.
(2) A county council is not a body corporate (including a
corporation).
(3) A county council does not have the status, privileges and
immunities of the Crown (including the State and the
Government of the State).
(4) A law of the State applies to and in respect of a county council in
the same way as it applies to and in respect of a body corporate
(including a corporation).
[6] Section 389 What is a county council's name?
Omit "corporate".
[7] 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 (Legal Status) Act 2008
[8] Schedule 8, Part 30
Insert after Part 29:
Part 30 Provisions consequent on enactment of
Local Government Amendment (Legal
Status) Act 2008
92 New legal status of existing councils
(1) The following provisions apply to a council constituted as a body
corporate immediately before the commencement of the 2008
Act:
(a) the council ceases to be a body corporate on that
commencement and becomes instead a body politic of the
State as provided by section 220 or 388 (as substituted by
the 2008 Act),
Page 4
Local Government Amendment (Legal Status) Bill 2008
Amendments Schedule 1
(b) the council is taken for all purposes (including the rules of
private international law) to be a continuation of, and the
same legal entity as, the council as it existed before the
commencement of the 2008 Act (except that the council is
no longer a body corporate and is instead a body politic of
the State).
(2) The 2008 Act (this clause in particular) does not:
(a) affect existing property, rights or obligations of a council,
or
(b) render defective any legal proceedings by or against a
council, or
(c) negate any decision made by a council, or
(d) place a council in breach of contract or otherwise make it
guilty of a civil wrong, or
(e) make a council in breach of any instrument, including, for
example, an instrument prohibiting, restricting or
regulating the assignment or transfer of any right or
liability, or
(f) fulfil a condition allowing a person to terminate an
instrument or liability or modify the operation or effect of
an instrument or liability, or requiring any amount to be
paid before its stated maturity, or
(g) release a surety or other obligee, in whole or part, from an
obligation.
(3) In this clause:
council includes county council.
2008 Act means the Local Government Amendment (Legal
Status) Act 2008.
Page 5
Local Government Amendment (Legal Status) Bill 2008
Schedule 1 Amendments
93 Existing appointments
Section 351 (2), as substituted by the Local Government
Amendment (Legal Status) Act 2008, extends to a person holding
a position to which the person was appointed temporarily before
that substitution.
Page 6
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