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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
LOCAL GOVERNMENT
AMENDMENT BILL 2002
Queensland
LOCAL GOVERNMENT AMENDMENT
BILL 2002
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Replacement of s 284 (Application of part to Brisbane City Council) . . . . . 4
Division 1--Preliminary
284 Application of part to Brisbane City Council . . . . . . . . . . . . . . . . . . 4
284A Definition for pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Division 2--Quota requirements for divided local governments'.
4 Amendment of s 288 (Matter of area's division referred to commissioner) . 5
5 Amendment of s 334 (Who may vote) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
6 Amendment of s 352 (Declaration voting before polling day) . . . . . . . . . . . 6
7 Amendment of s 368 (Counting of votes for optional-preferential system) . 6
8 Amendment of s 369 (Counting of votes for first-past-the-post system) . . . 7
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . 9
MINOR AND CONSEQUENTIAL AMENDMENTS
2002
A BILL
FOR
An Act to amend the Local Government Act 1993
s1 4 s3
Local Government Amendment Bill 2002
The Parliament of Queensland enacts-- 1
1 Short title
Clause 2
This Act may be cited as the Local Government Amendment Act 2002. 3
2 Act amended
Clause 4
This Act amends the Local Government Act 1993. 5
3 Replacement of s 284 (Application of part to Brisbane City
Clause 6
Council) 7
Section 284-- 8
omit, insert-- 9
`Division 1--Preliminary 10
`284 Application of part to Brisbane City Council 11
This part applies to the Brisbane City Council. 12
`284A Definition for pt 5 13
`In this part-- 14
` "information date" means-- 15
(a) for Brisbane City Council--1 October in the year that is 2 years 16
before the year of the quadrennial elections for local 17
governments; or 18
(b) for another local government--1 March in the year before the 19
year of the quadrennial elections for local governments. 20
`Division 2--Quota requirements for divided local governments'. 21
s4 5 s4
Local Government Amendment Bill 2002
4 Amendment of s 288 (Matter of area's division referred to
Clause 1
commissioner) 2
Section 288(1)-- 3
omit, insert-- 4
`(1) The Minister must refer the matter of the division of a local 5
government's area to the commissioner if the local government informs the 6
Minister-- 7
(a) for the 2004 quadrennial elections for local governments or the 8
quadrennial elections held every 8 years after the 2004 9
quadrennial elections-- 10
(i) if the local government has less than 6 divisions--2 or more 11
divisions in its area are not consistent with the basis 12
specified in section 286(2); or 13
(ii) if the local government has 6 or more divisions--one-third 14
or more of the divisions in its area are not consistent with 15
the basis specified in section 286(2); or 16
(b) for the 2008 quadrennial elections for local governments or the 17
quadrennial elections held every 8 years after the 2008 18
quadrennial elections--a division in its area is not consistent 19
with the basis specified in section 286(2). 20
`(1A) Also, the Minister must refer the matter of the division of a local 21
government's area to the commissioner if-- 22
(a) the local government fails to inform the Minister as required by 23
section 287 about its area; or 24
(b) the Minister reasonably believes information given under 25
section 287 is incorrect.'. 26
(2) Section 288(2), `Also'-- 27
omit, insert-- 28
`In addition'. 29
(3) Section 288-- 30
insert-- 31
`(2A) If the number of divisions in a local government area is not a 32
multiple of 3, the area is, for subsection (1)(a)(ii), taken to have the number 33
of divisions that is the next lower number to the actual number of divisions 34
that is a multiple of 3.'. 35
s5 6 s7
Local Government Amendment Bill 2002
(4) Section 288(3), `(2)'-- 1
omit, insert-- 2
`(3)'. 3
(5) Section 288(1A) to (3)-- 4
renumber as section 288(2) to (5). 5
5 Amendment of s 334 (Who may vote)
Clause 6
Section 334(2)-- 7
omit. 8
6 Amendment of s 352 (Declaration voting before polling day)
Clause 9
Section 352(2), `public office'-- 10
omit, insert-- 11
`declared place'. 12
7 Amendment of s 368 (Counting of votes for optional-preferential
Clause 13
system) 14
Section 368(10) to (12)-- 15
omit, insert-- 16
`(10) If, after a count at which the candidate with fewest votes must be 17
excluded, 2 candidates have an equal number of votes and are the only 18
candidates not excluded, the candidate whose name is recorded under 19
subsection (11)(g) is elected. 20
`(11) The returning officer must, in the presence of 2 witnesses-- 21
(a) prepare a list of the candidates; and 22
(b) assign a different number or colour to each candidate; and 23
(c) place only the marbles, balls or other similar things ("marbles"), 24
complying with subsection (12), in an opaque container large 25
enough to allow the marbles in it to move about freely when it is 26
rotated; and 27
(d) rotate the container and permit another person present who 28
wishes to do so to rotate it; and 29
s8 7 s8
Local Government Amendment Bill 2002
(e) raise the container so that its contents can not be seen; and 1
(f) while the container is raised, take 1 of the marbles out of it or 2
allow 1 of the marbles to come out of it; and 3
(g) record the name of the candidate assigned the numbered or 4
coloured marble that, under paragraph (f), is taken or allowed to 5
come out of the container. 6
`(12) For subsection (11)(c), the marbles must be-- 7
(a) the same size and weight; and 8
(b) the same colours or numbers as the colours or numbers assigned 9
under subsection (11)(b) to the candidates. 10
`(13) The returning officer must allow each of the 2 candidates, or their 11
representative, to be present for the process mentioned in subsection (11).'. 12
8 Amendment of s 369 (Counting of votes for first-past-the-post
Clause 13
system) 14
Section 369(4) to (6)-- 15
omit, insert-- 16
`(4) If 2 or more candidates receive the same number of votes so that 17
subsection (2) or (3)(a) or (b) can not be applied, the candidate whose name 18
is recorded under subsection (5)(g) is elected. 19
`(5) The returning officer must, in the presence of 2 witnesses-- 20
(a) prepare a list of the candidates; and 21
(b) assign a different number or colour to each candidate; and 22
(c) place only the marbles, balls or other similar things ("marbles"), 23
complying with subsection (6), in an opaque container large 24
enough to allow the marbles in it to move about freely when it is 25
rotated; and 26
(d) rotate the container and permit another person present who 27
wishes to do so to rotate it; and 28
(e) raise the container so that its contents can not be seen; and 29
(f) while the container is raised, take 1 of the marbles out of it or 30
allow 1 of the marbles to come out of it; and 31
s8 8 s8
Local Government Amendment Bill 2002
(g) record the name of the candidate assigned the numbered or 1
coloured marble that, under paragraph (f), is taken or allowed to 2
come out of the container. 3
`(6) For subsection (5)(c), the marbles must be-- 4
(a) the same size and weight; and 5
(b) the same colours or numbers as the colours or numbers assigned 6
under subsection (5)(b) to the candidates. 7
`(7) The returning officer must allow each of the candidates, or their 8
representative, to be present for the process mentioned in subsection (5).'. 9
9
Local Government Amendment Bill 2002
SCHEDULE 1
MINOR AND CONSEQUENTIAL AMENDMENTS 2
section 2 3
1 Section 141(d)(ii), `or 334'-- 4
omit, insert-- 5
`or 344'. 6
2 After section 286-- 7
insert-- 8
`Division 3--Disclosure requirements and references'. 9
3 Section 287(4)-- 10
omit. 11
4 Section 343(g)(ii), `Electoral Act 1918 (Cwlth)'-- 12
omit, insert-- 13
`Commonwealth Electoral Act 1918 (Cwlth)'. 14
5 Section 1193D(6)-- 15
insert-- 16
` "local law" includes a subordinate local law.'. 17
6 Section 1193H(1)(a)(ii), `; and'-- 18
omit, insert-- 19
`; or'. 20
10
Local Government Amendment Bill 2002
SCHEDULE (continued)
7 Schedule-- 1
insert-- 2
` "information date", for chapter 5, part 5, see section 284A.' 3
© State of Queensland 2002
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