LOCAL GOVERNMENT AND INDUSTRIAL RELATIONS AMENDMENT BILL 2008

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LOCAL GOVERNMENT AND INDUSTRIAL RELATIONS AMENDMENT BILL 2008

Queensland Local Government and Industrial Relations Amendment Bill 2008

Queensland Local Government and Industrial Relations Amendment Bill 2008 Contents Page Part 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Part 2 Amendment of Industrial Relations Act 1999 3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4 Amendment of s 409 (Definitions for ch 12) . . . . . . . . . . . . . . . . . 6 5 Insertion of new ch 20, pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Part 7 Transitional provisions for Local Government and Industrial Relations Amendment Act 2008, part 3 Division 1 Preliminary 744 Application of pt 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 745 Definitions for pt 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 746 Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Division 2 Provisions for federal instruments 747 Provision for original awards . . . . . . . . . . . . . . . . . . . 13 748 Provision for pre-reform certified agreements . . . . . . 13 749 Provision for Australian workplace agreements and pre-reform AWAs . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 750 Provision for union collective agreements . . . . . . . . . 14 751 Provision for employee collective agreements . . . . . . 16 752 Provision for notional agreements preserving State awards .................................. 16 Division 3 General 753 Preservation of existing entitlements . . . . . . . . . . . . . 17 754 Organisations bound by substitute State instruments 18 755 Provisions for minimum entitlements . . . . . . . . . . . . . 18

Local Government and Industrial Relations Amendment Bill 2008 Contents 756 Transitional regulation-making power . . . . . . . . . . . . . 19 6 Amendment of sch 5 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 20 Part 3 Amendment of Local Government Act 1993 7 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 8 Replacement of ch 2, pt 1, div 4 (Composition of local governments) .................................... 20 Division 4 Number of councillors 32 Number of councillors. . . . . . . . . . . . . . . . . . . . . . . . . 20 9 Renumbering of s 34 (Local government name) . . . . . . . . . . . . . 21 10 Replacement of s 35 (Local governments are bodies corporate etc.) ........................................... 21 34 Constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 35 Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 11 Amendment of s 36 (General powers) . . . . . . . . . . . . . . . . . . . . . 22 12 Replacement of s 38 (Local government's seal) . . . . . . . . . . . . . 22 38 Execution of documents by local governments . . . . . 22 38A Liability does not attach to councillors etc. acting honestly ................................ 23 13 Replacement of s 49 (Joint local governments are bodies corporate etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 49 Constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 49A Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 14 Amendment of s 50 (General powers) . . . . . . . . . . . . . . . . . . . . . 24 15 Replacement of s 53 (Joint local government's seal) . . . . . . . . . . 25 53 Execution of documents by joint local governments. . 25 53A Liability does not attach to members acting honestly. 25 16 Insertion of new s 159YQA. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 159YQA Other transitional regulation-making power . . . . . . . . 26 17 Amendment of s 164 (Dissolution of local government) . . . . . . . . 26 18 Amendment of s 236A (Remuneration for councillors of local governments) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 19 Amendment of s 236B (Reimbursement of expenses and provision of facilities for councillors of local governments) . . . . . . 27 20 Amendment of s 237 (Remuneration for person serving on advisory committee) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 21 Replacement of ss 250AR and 250AS. . . . . . . . . . . . . . . . . . . . . 29 250AR Chief executive to approve proposed expenses reimbursement policy or amendments of the policy . . 29 Page 2

Local Government and Industrial Relations Amendment Bill 2008 Contents 250AS Requirement to adopt expenses reimbursement policy or amendment . . . . . . . . . . . . . . . . . . . . . . . . . 30 22 Omission of s 482 (Ways of entering into a contract) . . . . . . . . . . 30 23 Amendment of s 534 (Content of report about other issues of public interest) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 24 Amendment of s 539 (Notice for contribution to joint local government) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 25 Amendment of s 1115 (Proof of proceedings of local government) 31 26 Amendment of s 1116 (Evidentiary value of land record) . . . . . . 31 27 Replacement of s 1291 (Remuneration schedule for 2008) . . . . . 31 1291 Remuneration for 2008. . . . . . . . . . . . . . . . . . . . . . . . 31 28 Insertion of new ch 19, pt 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Part 15 Transitional provisions for Local Government and Industrial Relations Amendment Act 2008 1294 Effect of change of legal status on existing local governments and joint local governments . . . . . . . . . 33 1295 Contractual rights etc. are unaffected. . . . . . . . . . . . . 33 1296 Chief executive to make transitional expenses reimbursement policy . . . . . . . . . . . . . . . . . . . . . . . . . 35 1297 New local government may defer review of business activities and public benefit assessments. . . . . . . . . . 35 29 Amendment of sch 1 (Ethics principles for local government councillors) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 30 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 36 Part 4 Other amendments Division 1 Amendment of Building Units and Group Titles Act 1980 31 Act amended in div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 32 Amendment of s 9 (Registration of plan) . . . . . . . . . . . . . . . . . . . 37 Division 2 Amendment of Fire and Rescue Service Act 1990 33 Act amended in div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 34 Amendment of s 123 (Recovery of arrears) . . . . . . . . . . . . . . . . . 37 Division 3 Amendment of Integrated Resort Development Act 1987 35 Act amended in div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 36 Amendment of s 31 (Approval of local government) . . . . . . . . . . 37 37 Amendment of s 32 (Registration of initial plan of subdivision) . . 38 38 Amendment of s 52 (Approval by local government) . . . . . . . . . . 38 39 Amendment of s 53 (Registration of plan of subdivision of initial lot) ............................................ 38 40 Amendment of s 61 (Approval by local government) . . . . . . . . . . 38 Page 3

Local Government and Industrial Relations Amendment Bill 2008 Contents 41 Amendment of s 62 (Registration of building units plan or group titles plan over secondary lot). . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 42 Amendment of s 79C (Approval of replacement schedule) . . . . . 38 Division 4 Amendment of Local Government (Robina Central Planning Agreement) Act 1992 43 Act amended in div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 44 Amendment of s 4 (The planning agreement) . . . . . . . . . . . . . . . 39 Page 4

2008 A Bill for An Act to amend the Industrial Relations Act 1999 and the Local Government Act 1993 and to make consequential amendments of other Acts

Local Government and Industrial Relations Amendment Bill 2008 Part 1 Preliminary [s 1] The Parliament of Queensland enacts-- 1 Part 1 Preliminary 2 Clause 1 Short title 3 This Act may be cited as the Local Government and Industrial 4 Relations Amendment Act 2008. 5 Clause 2 Commencement 6 (1) Parts 2 and 4 commence immediately after part 3. 7 (2) Part 3 commences on 13 March 2008. 8 Part 2 Amendment of Industrial 9 Relations Act 1999 10 Clause 3 Act amended in pt 2 11 This part amends the Industrial Relations Act 1999. 12 Clause 4 Amendment of s 409 (Definitions for ch 12) 13 Section 409, definition federal organisation-- 14 omit. 15 Clause 5 Insertion of new ch 20, pt 7 16 Chapter 20-- 17 insert-- 18 Page 6

Local Government and Industrial Relations Amendment Bill 2008 Part 2 Amendment of Industrial Relations Act 1999 [s 5] `Part 7 Transitional provisions for 1 Local Government and 2 Industrial Relations 3 Amendment Act 2008, part 3 4 `Division 1 Preliminary 5 `744 Application of pt 7 6 `(1) This part applies in relation to-- 7 (a) a local government that, immediately before the 8 commencement of the Local Government and Industrial 9 Relations Amendment Act 2008, section 10, was an 10 employer within the meaning of the Commonwealth 11 Act, section 6(1); and 12 (b) an employee of a local government mentioned in 13 paragraph (a) who, immediately before the 14 commencement of the Local Government and Industrial 15 Relations Amendment Act 2008, section 10, was an 16 employee within the meaning of the Commonwealth 17 Act, section 5(1). 18 `(2) In this section-- 19 local government does not include the Brisbane City Council. 20 `745 Definitions for pt 7 21 `In this part-- 22 APCS, in relation to an employee, means the Australian Pay 23 and Classification Scale applying to the employee under the 24 Commonwealth Act. 25 Australian workplace agreement has the meaning given by 26 the Commonwealth Act, section 326. 27 commencement means the commencement of this section. 28 Page 7

Local Government and Industrial Relations Amendment Bill 2008 Part 2 Amendment of Industrial Relations Act 1999 [s 5] employee collective agreement has the meaning given by the 1 Commonwealth Act, section 327. 2 federal instrument means any of the following-- 3 (a) an original award; 4 (b) a pre-reform award; 5 (c) a pre-reform certified agreement; 6 (d) a pre-reform AWA; 7 (e) an Australian workplace agreement; 8 (f) a union collective agreement; 9 (g) an employee collective agreement; 10 (h) a notional agreement preserving State awards. 11 notional agreement preserving State awards has the meaning 12 given by the Commonwealth Act, schedule 8, clause 31. 13 original award means an original award mentioned in the 14 Work Choices Amendment Act, schedule 4, item 4(2). 15 pre-reform AWA has the meaning given by the 16 Commonwealth Act, schedule 7, clause 1. 17 pre-reform award has the meaning given by the 18 Commonwealth Act, section 4(1). 19 pre-reform certified agreement has the meaning given by the 20 Commonwealth Act, schedule 7, clause 1, but does not 21 include a pre-reform certified agreement to which the 22 Commonwealth Act, schedule 7, part 2, division 2 applies. 23 substitute State instrument means the following-- 24 (a) for an original award--an award taken to have been 25 made by the commission, and amended, as provided for 26 under section 747; 27 (b) for a pre-reform certified agreement--a certified 28 agreement taken to have been certified by the 29 commission as provided for under section 748; 30 Page 8

Local Government and Industrial Relations Amendment Bill 2008 Part 2 Amendment of Industrial Relations Act 1999 [s 5] (c) for an Australian workplace agreement or pre-reform 1 AWA--a QWA approved by the commission as 2 provided for under section 749; 3 (d) for a union collective agreement--a certified agreement 4 certified by the commission, and amended, as provided 5 for under section 750; 6 (e) for an employee collective agreement--a certified 7 agreement certified by the commission as provided for 8 under section 751; 9 (f) for a notional agreement preserving State awards--the 10 awards applying as provided for under section 752. 11 union collective agreement has the meaning given by the 12 Commonwealth Act, section 328. 13 Work Choices Amendment Act means the Workplace 14 Relations Amendment (Work Choices) Act 2005 (Cwlth). 15 `746 Interpretation 16 `(1) This section has effect for this part. 17 `(2) A reference to the Australian Industrial Relations 18 Commission (however described) in a substitute State 19 instrument is taken to be a reference to the commission. 20 `(3) A reference to a provision of the Commonwealth Act or the 21 Work Choices Amendment Act in a substitute State 22 instrument is taken to be a reference to a corresponding 23 provision of this Act. 24 `(4) A reference in a substitute State instrument to a federal 25 organisation mentioned in column 1 of the following table is 26 taken to be a reference to the State organisation mentioned 27 opposite in column 2 of the table-- 28 Page 9

Local Government and Industrial Relations Amendment Bill 2008 Part 2 Amendment of Industrial Relations Act 1999 [s 5] Table 1 Column 1 Column 2 Federal organisations State organisations The Association of Professional The Association of Professional Engineers, Scientists and Managers, Engineers, Scientists and Australia Managers, Australia, Queensland Branch, Union of Employees Australian, Municipal, Queensland Services, Industrial Administrative, Clerical and Services Union of Employees Union Australian, Municipal, Administrative, Clerical and Services Union, Queensland Services Branch Australian Nursing Federation Queensland Nurses' Union of Australian Nursing Federation, Employees Queensland Branch Queensland Nurses' Union of Employees The Australian Workers' Union of The Australian Workers' Union Employees, Queensland of Employees, Queensland Automotive, Food, Metals, Automotive, Metals, Engineering, Printing and Kindred Engineering, Printing and Industries Union Kindred Industries Industrial Automotive, Food, Metals, Union of Employees, Engineering, Printing and Kindred Queensland Industries Union - Queensland Branch Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland Page 10

Local Government and Industrial Relations Amendment Bill 2008 Part 2 Amendment of Industrial Relations Act 1999 [s 5] Column 1 Column 2 Federal organisations State organisations Communications, Electrical, The Electrical Trades Union of Electronic, Energy, Information, Employees Queensland Postal, Plumbing and Allied Services Union of Australia - Electrical, Energy and Services Division Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - Electrical, Energy and Services Division - Queensland Divisional Branch Communications, Electrical, Plumbers & Gasfitters Electronic, Energy, Information, Employees' Union Queensland, Postal, Plumbing and Allied Services Union of Employees Union of Australia, Plumbing Division Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, Plumbing Division - Queensland Divisional Branch The Plumbers and Gasfitters Employees' Union Of Australia, Queensland Branch, Union of Employees Page 11

Local Government and Industrial Relations Amendment Bill 2008 Part 2 Amendment of Industrial Relations Act 1999 [s 5] Column 1 Column 2 Federal organisations State organisations Construction, Forestry, Mining & The Construction, Forestry, Energy Union, Queensland Mining & Energy, Industrial Construction, Forestry, Mining & Union of Employees, Energy Union, Construction and Queensland General Division The Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland Federated Engine Drivers' and Federated Engine Drivers' and Firemens' Association of Australasia Firemens' Association of Queensland Branch, Union of Queensland, Union of Employees Employees Liquor, Hospitality and Miscellaneous Liquor Hospitality and Union Miscellaneous Union, Liquor, Hospitality and Miscellaneous Queensland Branch, Union of Union, Queensland Branch Employees Liquor Hospitality and Miscellaneous Union, Queensland Branch, Union of Employees Transport Workers' Union of Transport Workers' Union of Australia Australia, Union of Employees Transport Workers' Union of (Queensland Branch) Australia � Queensland Branch Transport Workers' Union of Australia, Union of Employees (Queensland Branch) `(5) In this section-- 1 corresponding provision of this Act, to a provision of the 2 Commonwealth Act or the Work Choices Amendment Act, 3 means-- 4 Page 12

Local Government and Industrial Relations Amendment Bill 2008 Part 2 Amendment of Industrial Relations Act 1999 [s 5] (a) if paragraph (b) does not apply, a provision of this Act 1 that is of similar effect to the provision of the 2 Commonwealth Act or the Work Choices Amendment 3 Act; or 4 (b) a provision of this Act declared under a regulation to be 5 a corresponding provision. 6 federal organisation includes a transitionally registered 7 association under the Commonwealth Act, schedule 10. 8 State organisation means an organisation registered under 9 chapter 12. 10 `Division 2 Provisions for federal instruments 11 `747 Provision for original awards 12 `(1) This section makes provision in relation to each original 13 award that, on 27 March 2006, was taken to have been 14 replaced by a pre-reform award under the Work Choices 15 Amendment Act, schedule 4, item 4(3) if the pre-reform 16 award is in force immediately before the commencement. 17 `(2) On the commencement, the original award is taken to be an 18 award made by the commission under section 125. 19 `(3) The award is taken to be amended so that any APCS applying 20 to employees bound by the pre-reform award continues to 21 apply to the employees bound by the award. 22 `(4) Subject to subsection (3) and section 746, the award has effect 23 according to its terms and, despite section 133, an action to 24 enforce the award may be commenced on and after the day of 25 the commencement. 26 `748 Provision for pre-reform certified agreements 27 `(1) This section makes provision in relation to each pre-reform 28 certified agreement in force immediately before the 29 commencement. 30 Page 13

Local Government and Industrial Relations Amendment Bill 2008 Part 2 Amendment of Industrial Relations Act 1999 [s 5] `(2) On the commencement, the pre-reform certified agreement is 1 taken to be a certified agreement certified by the commission 2 under section 156. 3 `(3) Subject to section 746, the certified agreement has effect 4 according to its terms. 5 `749 Provision for Australian workplace agreements and 6 pre-reform AWAs 7 `(1) This section makes provision in relation to each of the 8 following federal instruments in force immediately before the 9 commencement-- 10 (a) an Australian workplace agreement; 11 (b) a pre-reform AWA. 12 `(2) On the commencement, a federal instrument to which this 13 section applies is taken to be a QWA approved by the 14 commission under section 203 that is in operation until the 15 earlier of the following-- 16 (a) the nominal expiry date stated in the federal instrument; 17 (b) 15 March 2009; 18 (c) the day the employee in relation to whom the QWA 19 operates is bound by a certified agreement that is 20 certified by the commission after the commencement. 21 `(3) Subject to subsection (2) and section 746, and despite section 22 192(3)(c) and (4), the QWA has effect according to its terms. 23 `750 Provision for union collective agreements 24 `(1) This section makes provision in relation to each union 25 collective agreement in force immediately before the 26 commencement. 27 `(2) On the commencement, the union collective agreement is 28 taken to be a certified agreement certified by the commission 29 under section 156. 30 Page 14

Local Government and Industrial Relations Amendment Bill 2008 Part 2 Amendment of Industrial Relations Act 1999 [s 5] `(3) The certified agreement is taken to be amended by omitting 1 any dispute settlement procedure (however described) 2 provided for in the agreement and inserting instead clause 3.2 3 of the Sample Award - State 2004 attached to Practice Note 4 PN 9 issued by the commission on 30 June 2004. 5 Editor's note-- 6 Clause 3.2 of the Sample Award provides for a grievance and dispute 7 settling procedure. On the commencement, a copy of the practice note 8 can be found on the commission's website at . 9 `(4) Subject to subsection (3) and section 746, and despite section 10 169(7), the certified agreement has effect according to its 11 terms. 12 `(5) Without limiting the entities bound by the certified agreement, 13 the certified agreement binds the following organisations-- 14 (a) an organisation that was bound by a relevant State 15 employment agreement with a local government if the 16 organisation is entitled to represent the industrial 17 interests of employees of the local government who are 18 bound by the certified agreement; 19 (b) a State organisation that is mentioned in the table in 20 section 746(4) opposite any federal organisation or 21 association that was bound by a pre-reform certified 22 agreement replaced entirely or partly by the union 23 collective agreement. 24 `(6) In this section-- 25 preserved collective State agreement has the meaning given 26 by the Commonwealth Act, schedule 8, clause 10. 27 relevant State employment agreement means a State 28 employment agreement as mentioned in the Commonwealth 29 Act, schedule 8, clause 10 that, on 27 March 2006, was part of 30 the basis on which a preserved collective State agreement 31 came into operation. 32 Page 15

Local Government and Industrial Relations Amendment Bill 2008 Part 2 Amendment of Industrial Relations Act 1999 [s 5] `751 Provision for employee collective agreements 1 `(1) This section makes provision in relation to each employee 2 collective agreement in force immediately before the 3 commencement. 4 `(2) On the commencement, the employee collective agreement is 5 taken to be a certified agreement certified by the commission 6 under section 156. 7 `(3) Subject to section 746, the certified agreement has effect 8 according to its terms. 9 `(4) Subsection (5) applies if an employee organisation gives the 10 commission and the employer bound by the certified 11 agreement notice that it wants to be bound by the certified 12 agreement. 13 `(5) The commission must decide that the certified agreement 14 binds the employee organisation if the organisation satisfies 15 the commission about the following-- 16 (a) the organisation has at least 1 member-- 17 (i) whose employment is, or will be, subject to the 18 agreement; and 19 (ii) who asked the organisation to give the notice; 20 (b) the organisation-- 21 (i) is bound by an award that binds the employer; or 22 (ii) if there is no award that binds the employer--is 23 entitled to represent the industrial interests of 24 relevant employees. 25 `752 Provision for notional agreements preserving State 26 awards 27 `(1) This section applies in relation to each employee of a local 28 government who, immediately before the commencement, 29 was bound by a notional agreement preserving State awards. 30 `(2) On the commencement, the employee is subject to any award 31 applying to the employee under this Act. 32 Page 16

Local Government and Industrial Relations Amendment Bill 2008 Part 2 Amendment of Industrial Relations Act 1999 [s 5] `(3) However if, immediately before the commencement, an 1 employee was paid under an APCS, on the commencement, 2 the employee is to be paid as provided for under the APCS 3 until the employee's wage rate in the award is varied under a 4 general ruling under section 287. 5 `(4) On the day the employee's wage rate is varied, the employee 6 is to be paid at a rate not less than the wage rate payable under 7 the award. 8 `Division 3 General 9 `753 Preservation of existing entitlements 10 `(1) This section applies in relation to each employee who, after 11 the commencement, is bound by a substitute State instrument 12 or an industrial instrument. 13 `(2) After the commencement, the employee is entitled to receive 14 not less than the remuneration the employee received before 15 the commencement. 16 `(3) Subject to the prescribed transitional arrangements, 17 subsection (2) has effect until the employee is bound by a 18 certified agreement certified by the commission after the 19 commencement. 20 `(4) In this section-- 21 prescribed transitional arrangements means each of the 22 following-- 23 (a) the South East Queensland Water (Restructuring) Act 24 2007, section 90; 25 (b) the Local Government Reform Implementation 26 Regulation 2008, sections 46 and 73; 27 (c) the Local Government Regulation 2005, section 89Q; 28 (d) the Local Government Reform Implementation 29 (Transferring Areas) Regulation 2007, section 50; 30 Page 17

Local Government and Industrial Relations Amendment Bill 2008 Part 2 Amendment of Industrial Relations Act 1999 [s 5] (e) sections 8.3.1 and 8.3.2 of the Local Government 1 Workforce Transition Code of Practice - 2007 2 mentioned as having been made as a workforce 3 transition code of practice under the Local Government 4 Act 1993, section 159ZH in the Local Government 5 (Workforce Transition Code of Practice) Notice 2007 6 (SL No. 218 of 2007). 7 remuneration, in relation to an employee, includes-- 8 (a) the wage or salary payable to the employee; and 9 (b) amounts payable or other benefits made available to the 10 employee under a contract of service, a federal 11 instrument or an industrial instrument. 12 `754 Organisations bound by substitute State instruments 13 `(1) This section applies if, under section 746(4), in a substitute 14 State instrument a reference to a federal organisation or 15 association is taken to be a reference to a State organisation. 16 `(2) To remove any doubt, it is declared that the State organisation 17 is bound by the substitute State instrument. 18 `755 Provisions for minimum entitlements 19 `(1) Sections 8A, 9, 9A, 10, 11 and 15 do not apply in relation to 20 an employee bound by or subject to a relevant substitute State 21 instrument until the earlier of the following (the end date for 22 the employee)-- 23 (a) 15 March 2009; 24 (b) the day, after the commencement, the employee is 25 bound by a certified agreement certified by the 26 commission. 27 `(2) Until the end date for the employee, the following provisions 28 of the Commonwealth Act, to the extent they provide a more 29 favourable outcome for the employee, are applied as a law of 30 the State-- 31 Page 18

Local Government and Industrial Relations Amendment Bill 2008 Part 2 Amendment of Industrial Relations Act 1999 [s 5] (a) provisions guaranteeing a federal minimum wage for the 1 employee; 2 (b) provisions relating to maximum ordinary hours of work 3 for the employee; 4 (c) provisions relating to paid leave for the employee 5 because of a personal illness or injury; 6 (d) provisions relating to annual leave for the employee, 7 other than the Commonwealth Act, section 235(2); 8 (e) provisions relating to entitlement to public holidays for 9 the employee. 10 `(3) For applying subsection (2), the provisions are to be construed 11 by reference to the Commonwealth Act but with any 12 necessary changes. 13 `(4) Subsection (1) does not limit section 753. 14 `(5) In this section-- 15 relevant substitute State instrument means a substitute State 16 instrument that applies to an employee other than any award 17 applying to the employee after the commencement as 18 provided for under section 752. 19 `756 Transitional regulation-making power 20 `(1) A regulation (a transitional regulation) may make provision 21 of a saving or transitional nature-- 22 (a) for which it is necessary to make provision to allow or 23 facilitate the doing of anything to achieve the change 24 from the operation of federal instruments as in force 25 before the commencement to the operation of substitute 26 State instruments after the commencement; or 27 (b) for which this part does not make provision or sufficient 28 provision. 29 `(2) A transitional regulation may have retrospective operation to a 30 day not earlier than the commencement. 31 Page 19

Local Government and Industrial Relations Amendment Bill 2008 Part 3 Amendment of Local Government Act 1993 [s 6] `(3) A transitional regulation must declare it is a transitional 1 regulation. 2 `(4) This section and any transitional regulation expire 1 year after 3 the commencement.'. 4 Clause 6 Amendment of sch 5 (Dictionary) 5 Schedule 5, definition federal organisation-- 6 omit, insert-- 7 `federal organisation means an organisation under the 8 Commonwealth Act.'. 9 Part 3 Amendment of Local 10 Government Act 1993 11 Clause 7 Act amended in pt 3 12 This part amends the Local Government Act 1993. 13 Clause 8 Replacement of ch 2, pt 1, div 4 (Composition of local 14 governments) 15 Chapter 2, part 1, division 4-- 16 omit, insert-- 17 `Division 4 Number of councillors 18 `32 Number of councillors 19 `(1) The number of councillors for a local government is the 20 number prescribed for the local government under a 21 regulation. 22 Page 20

Local Government and Industrial Relations Amendment Bill 2008 Part 3 Amendment of Local Government Act 1993 [s 9] Note-- 1 This is a reviewable local government matter and requires a report and 2 recommendation by the commissioner before implementation. 3 `(2) However if no number is prescribed under a regulation, the 4 number is 5.'. 5 Clause 9 Renumbering of s 34 (Local government name) 6 Section 34-- 7 renumber as section 33. 8 Clause 10 Replacement of s 35 (Local governments are bodies 9 corporate etc.) 10 Section 35-- 11 omit, insert-- 12 `34 Constitution 13 `(1) A local government is constituted by the councillors of the 14 local government. 15 `(2) However, subject to section 178(3), if at any time there are no 16 councillors of a local government, the local government is 17 constituted by the local government's chief executive officer. 18 Note-- 19 If dissolved, a local government is constituted by an administrator 20 appointed under section 178. 21 `(3) A local government is not a corporation. 22 `35 Proceedings 23 `(1) A proceeding by a local government must be started in the 24 name of the local government. 25 `(2) A proceeding against a local government must be started 26 against the local government in its name.'. 27 Page 21

Local Government and Industrial Relations Amendment Bill 2008 Part 3 Amendment of Local Government Act 1993 [s 11] Clause 11 Amendment of s 36 (General powers) 1 Section 36-- 2 insert-- 3 `(6) A local government may exercise its powers in its own name.'. 4 Clause 12 Replacement of s 38 (Local government's seal) 5 Section 38-- 6 omit, insert-- 7 `38 Execution of documents by local governments 8 `(1) A local government may execute a document in any of the 9 following ways-- 10 (a) if the local government is constituted by its 11 councillors-- 12 (i) by the mayor of the local government signing the 13 document on behalf of the local government; or 14 (ii) by an authorised councillor of the local 15 government signing the document on behalf of the 16 local government; 17 (b) if the local government is constituted by its chief 18 executive officer under section 34(2)--by the chief 19 executive officer signing the document on behalf of the 20 local government; 21 (c) if the local government is constituted by an 22 administrator of the local government appointed under 23 section 178--by the administrator signing the document 24 on behalf of the local government; 25 (d) if a way is prescribed under a regulation--in the way 26 prescribed. 27 `(2) Subsection (1) does not limit section 483. 28 Note-- 29 A local government's delegate may make, vary or discharge a contract 30 for the local government in particular circumstances under section 483. 31 Page 22

Local Government and Industrial Relations Amendment Bill 2008 Part 3 Amendment of Local Government Act 1993 [s 12] `(3) In this section-- 1 authorised councillor, of a local government, means a 2 councillor of the local government who is authorised in 3 writing by the mayor of the local government to execute 4 documents on behalf of the local government. 5 `38A Liability does not attach to councillors etc. acting 6 honestly 7 `(1) No matter or thing done honestly by-- 8 (a) a local government; or 9 (b) any councillor in constituting the local government; 10 in the administration of this Act or in the performance or 11 exercise, or intended performance or exercise, of any of the 12 local government's functions or powers under an Act subjects 13 any councillor of the local government to any liability in 14 relation to the matter or thing. 15 `(2) No matter or thing done honestly by-- 16 (a) the chief executive officer of a local government in 17 constituting the local government; or 18 (b) the administrator of a local government in constituting 19 the local government; 20 in the administration of this Act or in the performance or 21 exercise, or intended performance or exercise, of the local 22 government's functions or powers under an Act subjects the 23 chief executive officer or administrator to any liability in 24 relation to the matter or thing. 25 `(3) The protection given to a councillor, chief executive officer or 26 administrator under this section is in addition to any other 27 protection available to the councillor, chief executive officer 28 or administrator under an Act or law.'. 29 Page 23

Local Government and Industrial Relations Amendment Bill 2008 Part 3 Amendment of Local Government Act 1993 [s 13] Clause 13 Replacement of s 49 (Joint local governments are bodies 1 corporate etc.) 2 Section 49-- 3 omit, insert-- 4 `49 Constitution 5 `(1) A joint local government is constituted by its members. 6 `(2) However, subsection (3) applies if, at any time, a local 7 government that is a component local government of a joint 8 local government is constituted by the chief executive officer 9 of the local government or an administrator of the local 10 government appointed under section 178. 11 `(3) For section 47, the representative of the local government is-- 12 (a) if the chief executive officer constitutes the local 13 government--the chief executive officer; or 14 (b) if the administrator constitutes the local 15 government--the administrator. 16 `(4) A joint local government is not a corporation. 17 `49A Proceedings 18 `(1) A proceeding by a joint local government must be started in 19 the name of the joint local government. 20 `(2) A proceeding against a joint local government must be started 21 against the joint local government in its name.'. 22 Clause 14 Amendment of s 50 (General powers) 23 Section 50-- 24 insert-- 25 `(6) A joint local government may exercise its powers in its own 26 name.'. 27 Page 24

Local Government and Industrial Relations Amendment Bill 2008 Part 3 Amendment of Local Government Act 1993 [s 15] Clause 15 Replacement of s 53 (Joint local government's seal) 1 Section 53-- 2 omit, insert-- 3 `53 Execution of documents by joint local governments 4 `(1) A joint local government may execute a document in any of 5 the following ways-- 6 (a) if the joint local government is constituted by its 7 members-- 8 (i) by the president of the joint local government 9 signing the document on behalf of the joint local 10 government; or 11 (ii) by an authorised member of the joint local 12 government signing the document on behalf of the 13 joint local government; 14 (b) if a way is prescribed under a regulation--in the way 15 prescribed. 16 `(2) Subsection (1) does not limit section 483. 17 Note-- 18 A joint local government's delegate may make, vary or discharge a 19 contract for the joint local government in particular circumstances under 20 section 483 as applied by section 12(1)(b). 21 `(3) In this section-- 22 authorised member, of a joint local government, means a 23 member of the joint local government who is authorised in 24 writing by the president of the joint local government to 25 execute documents on behalf of the joint local government. 26 `53A Liability does not attach to members acting honestly 27 `(1) No matter or thing done honestly by-- 28 (a) a joint local government; or 29 (b) any member of the joint local government in 30 constituting the joint local government; 31 Page 25

Local Government and Industrial Relations Amendment Bill 2008 Part 3 Amendment of Local Government Act 1993 [s 16] in the administration of this Act or in the performance or 1 exercise, or intended performance or exercise, of any of the 2 joint local government's functions or powers under an Act 3 subjects any member of the joint local government to any 4 liability in relation to the matter or thing. 5 `(2) The protection given to a member under this section is in 6 addition to any other protection available to the member under 7 an Act or law.'. 8 Clause 16 Insertion of new s 159YQA 9 Chapter 3, part 1B, division 3, after section 159YQ-- 10 insert-- 11 `159YQA Other transitional regulation-making power 12 `(1) A regulation (a transitional regulation) may make provision 13 of a saving or transitional nature for the operation of this Act 14 in relation to a new local government or an adjusted local 15 government if this Act does not make provision or sufficient 16 provision. 17 `(2) A transitional regulation may have retrospective operation to a 18 day not earlier than the changeover day. 19 `(3) A transitional regulation must declare it is a transitional 20 regulation.'. 21 Clause 17 Amendment of s 164 (Dissolution of local government) 22 Section 164(3)(b), `as a body corporate'-- 23 omit. 24 Clause 18 Amendment of s 236A (Remuneration for councillors of 25 local governments) 26 (1) Section 236A(1), `A local government'-- 27 omit, insert-- 28 `For a year, a local government'. 29 Page 26

Local Government and Industrial Relations Amendment Bill 2008 Part 3 Amendment of Local Government Act 1993 [s 19] (2) Section 236A(2)-- 1 omit, insert-- 2 `(2) The resolution-- 3 (a) must be made within 2 months after the remuneration 4 schedule, that applies for the year for the category of 5 local government, is published in the gazette under 6 section 250AQ; and 7 (b) may authorise payment of remuneration on and after 1 8 January of the year; and 9 (c) must state-- 10 (i) the purpose for which the remuneration is to be 11 paid; and 12 (ii) the person who is entitled to the remuneration; and 13 (iii) the amount of remuneration that is to be paid; and 14 (iv) if the amount of remuneration to be paid to 15 councillors, other than the mayor, varies as 16 between councillors--the reason for the 17 variation.'. 18 Clause 19 Amendment of s 236B (Reimbursement of expenses and 19 provision of facilities for councillors of local 20 governments) 21 (1) Section 236B(1)-- 22 omit, insert-- 23 `(1) A local government may, by resolution, authorise either or 24 both of the following-- 25 (a) payment of the reasonable expenses incurred, or to be 26 incurred, by the local government's councillors for 27 discharging their duties and responsibilities as 28 councillors; 29 (b) provision of facilities, including, for example, 30 administrative support staff, to the councillors for 31 Page 27

Local Government and Industrial Relations Amendment Bill 2008 Part 3 Amendment of Local Government Act 1993 [s 20] discharging their duties and responsibilities as 1 councillors.'. 2 (2) Section 236B(2), after `policy'-- 3 insert-- 4 `approved under section 250AR'. 5 Clause 20 Amendment of s 237 (Remuneration for person serving 6 on advisory committee) 7 (1) Section 237, heading-- 8 omit, insert-- 9 `237 Remuneration, reimbursement of expenses and provision 10 of facilities for person serving on advisory committee'. 11 (2) Section 237(1) and (2)-- 12 omit, insert-- 13 `(1) A local government may, by resolution, authorise any of the 14 following-- 15 (a) payment of remuneration to a person who is a member 16 of an advisory committee of the local government but is 17 not a councillor; 18 (b) payment of the reasonable expenses incurred, or to be 19 incurred, by the person for discharging the person's 20 duties and responsibilities as a member of the advisory 21 committee; 22 (c) provision of facilities, including, for example, 23 administrative support staff, to the person for 24 discharging the person's duties and responsibilities as a 25 member of the advisory committee. 26 `(2) The resolution must state-- 27 (a) the purpose for which the remuneration or expenses are 28 to be paid or the facilities provided; and 29 (b) the person who is entitled to the remuneration, expenses 30 or facilities; and 31 Page 28

Local Government and Industrial Relations Amendment Bill 2008 Part 3 Amendment of Local Government Act 1993 [s 21] (c) the amount of the remuneration or expenses or the basis 1 on which it is calculated.'. 2 (3) Section 237(3), `remuneration is'-- 3 omit, insert-- 4 `remuneration or expenses are'. 5 Clause 21 Replacement of ss 250AR and 250AS 6 Sections 250AR and 250AS-- 7 omit, insert-- 8 `250AR Chief executive to approve proposed expenses 9 reimbursement policy or amendments of the policy 10 `(1) A local government must give to the chief executive a copy of 11 its proposed expenses reimbursement policy, or any proposed 12 amendment of its expenses reimbursement policy, (the 13 proposed policy document) for consideration. 14 `(2) The proposed policy document must comply with any relevant 15 guidelines issued by the chief executive. 16 `(3) If the chief executive considers the proposed policy document 17 complies with the guidelines, the chief executive must 18 approve the proposed policy document and give the local 19 government written notice of the approval. 20 `(4) Also, the chief executive may approve the proposed policy 21 document subject to the local government making the minor 22 changes to the proposed policy document that the chief 23 executive identifies as necessary to comply with the 24 guidelines. 25 `(5) If subsection (4) does not apply and the chief executive 26 considers the proposed policy document does not comply with 27 the guidelines, the chief executive must give the local 28 government written notice-- 29 (a) advising how the proposed policy document does not 30 comply; and 31 Page 29

Local Government and Industrial Relations Amendment Bill 2008 Part 3 Amendment of Local Government Act 1993 [s 22] (b) requiring the local government to give the chief 1 executive a copy of the revised proposed policy 2 document for reconsideration. 3 `250AS Requirement to adopt expenses reimbursement 4 policy or amendment 5 `(1) A local government may only adopt, by resolution, an 6 expenses reimbursement policy or an amendment of the 7 expenses reimbursement policy that is the same as the 8 proposed policy document approved by the chief executive 9 under section 250AR. 10 `(2) Subsection (1) does not limit a local government's ability to 11 publish the adopted expenses reimbursement policy in the 12 way it chooses or to correct obvious errors in the approved 13 proposed expenses reimbursement policy or amendment. 14 `(3) The adopted expenses reimbursement policy or amendment 15 must be notified as required under this division.'. 16 Clause 22 Omission of s 482 (Ways of entering into a contract) 17 Section 482-- 18 omit. 19 Clause 23 Amendment of s 534 (Content of report about other 20 issues of public interest) 21 Section 534(1)(f) and (g)-- 22 omit, insert-- 23 `(f) a copy of any resolution made during the year under 24 section 236A, 236B or 237; and 25 (g) particulars of-- 26 (i) the total remuneration paid by it to each of its 27 councillors under the remuneration schedule 28 during the year; and 29 Page 30

Local Government and Industrial Relations Amendment Bill 2008 Part 3 Amendment of Local Government Act 1993 [s 24] (ii) the expenses incurred by, and the facilities 1 provided to, each of its councillors under the local 2 government's expenses reimbursement policy 3 during the year; and 4 (iii) the total superannuation contributions paid by it for 5 each of its councillors during the year; and'. 6 Clause 24 Amendment of s 539 (Notice for contribution to joint local 7 government) 8 Section 539(2)(a), `, and bear the common seal of the joint 9 local government'-- 10 omit. 11 Clause 25 Amendment of s 1115 (Proof of proceedings of local 12 government) 13 Section 1115(b), `, under the local government's seal, and to 14 be'-- 15 omit. 16 Clause 26 Amendment of s 1116 (Evidentiary value of land record) 17 Section 1116, from `, under the local government's seal' to `is 18 evidence'-- 19 omit, insert-- 20 `certified by the local government's chief executive officer, is 21 evidence'. 22 Clause 27 Replacement of s 1291 (Remuneration schedule for 2008) 23 Section 1291-- 24 omit, insert-- 25 `1291 Remuneration for 2008 26 `(1) A resolution made under previous section 237 and in force 27 when this section commences ceases to have effect-- 28 Page 31

Local Government and Industrial Relations Amendment Bill 2008 Part 3 Amendment of Local Government Act 1993 [s 28] (a) for a merging local government that goes out of 1 existence under section 159YHA on 15 March 2 2008--on 15 March 2008; or 3 (b) for a local government other than a local government 4 mentioned in paragraph (a)--at the conclusion of the 5 2008 quadrennial election for councillors of the local 6 government. 7 `(2) The remuneration schedule for councillors of a local 8 government for 2008 applies from the conclusion of the 2008 9 quadrennial election for councillors of the local government. 10 `(3) Despite section 236A(2)(a) and (b), the resolution in relation 11 to remuneration to a councillor for a local government that 12 applies for 2008-- 13 (a) must be made as soon as practicable after the conclusion 14 of the 2008 quadrennial election for councillors of the 15 local government (the poll declaration day); and 16 (b) may authorise payment of remuneration on and after the 17 poll declaration day. 18 `(4) In this section-- 19 previous section 237 means section 237 as in force from time 20 to time before the commencement of the Local Government 21 Reform Implementation Act 2007.'. 22 Clause 28 Insertion of new ch 19, pt 15 23 Chapter 19-- 24 insert-- 25 Page 32

Local Government and Industrial Relations Amendment Bill 2008 Part 3 Amendment of Local Government Act 1993 [s 28] `Part 15 Transitional provisions for 1 Local Government and 2 Industrial Relations 3 Amendment Act 2008 4 `1294 Effect of change of legal status on existing local 5 governments and joint local governments 6 `(1) On the commencement of this section, a local government in 7 existence immediately before the commencement continues in 8 existence as a local government, but not as a corporation. 9 `(2) The change in the local government's constitution effected by 10 section 34 does not, in any way, affect-- 11 (a) the local government's assets or rights and liabilities; or 12 (b) any matter or thing done by or in relation to the local 13 government. 14 `(3) On the commencement, a joint local government in existence 15 immediately before the commencement continues in existence 16 as a joint local government, but not as a corporation. 17 `(4) The change in the joint local government's constitution 18 effected by section 49 does not, in any way, affect-- 19 (a) the joint local government's assets or rights and 20 liabilities; or 21 (b) any matter or thing done by or in relation to the joint 22 local government. 23 `1295 Contractual rights etc. are unaffected 24 `(1) Without limiting section 1294 and to remove any doubt, it is 25 declared that the continuation of a local government as 26 constituted under section 34-- 27 (a) does not place the local government in breach of 28 contract or otherwise make it guilty of a civil wrong; 29 and 30 Page 33

Local Government and Industrial Relations Amendment Bill 2008 Part 3 Amendment of Local Government Act 1993 [s 28] (b) does not make the local government in breach of any 1 instrument, including, for example, an instrument 2 prohibiting, restricting or regulating the assignment or 3 transfer of any right or liability; and 4 (c) is not taken to fulfil a condition-- 5 (i) allowing a person to terminate an instrument or 6 liability or modify the operation or effect of an 7 instrument or liability; or 8 (ii) requiring any amount to be paid before its stated 9 maturity; and 10 (d) does not release a surety or other obligee, in whole or 11 part, from an obligation; and 12 (e) does not negate any decision made by the local 13 government. 14 `(2) Without limiting section 1294 and to remove any doubt, it is 15 declared that the continuation of a joint local government as 16 constituted under section 49-- 17 (a) does not place the joint local government in breach of 18 contract or otherwise make it guilty of a civil wrong; 19 and 20 (b) does not make the joint local government in breach of 21 any instrument, including, for example, an instrument 22 prohibiting, restricting or regulating the assignment or 23 transfer of any right or liability; and 24 (c) is not taken to fulfil a condition-- 25 (i) allowing a person to terminate an instrument or 26 liability or modify the operation or effect of an 27 instrument or liability; or 28 (ii) requiring any amount to be paid before its stated 29 maturity; and 30 (d) does not release a surety or other obligee, in whole or 31 part, from an obligation; and 32 (e) does not negate any decision made by the joint local 33 government. 34 Page 34

Local Government and Industrial Relations Amendment Bill 2008 Part 3 Amendment of Local Government Act 1993 [s 28] `1296 Chief executive to make transitional expenses 1 reimbursement policy 2 `(1) The chief executive may make a transitional expenses 3 reimbursement policy for local governments. 4 `(2) The transitional expenses reimbursement policy must provide 5 for-- 6 (a) payment of reasonable expenses incurred by councillors 7 for discharging their duties and responsibilities as 8 councillors; and 9 (b) the provision of facilities to the councillors for that 10 purpose. 11 `(3) For the transitional period for a local government-- 12 (a) a councillor who incurs expenses in the discharge of 13 duties or responsibilities as a councillor is entitled to the 14 expenses provided for under the transitional expenses 15 reimbursement policy; and 16 (b) a councillor is entitled to be provided with facilities for 17 discharging duties or responsibilities as a councillor in 18 accordance with the transitional expenses 19 reimbursement policy. 20 `(4) In this section-- 21 transitional period, for a local government, means the period 22 from the conclusion of the 2008 quadrennial election for the 23 local government until the day it adopts an expenses 24 reimbursement policy as provided for under section 250AS. 25 `1297 New local government may defer review of business 26 activities and public benefit assessments 27 `(1) This section applies to a new local government. 28 `(2) The new local government is not required to comply with 29 sections 547 and 555 until 1 July 2009. 30 `(3) In this section-- 31 new local government see section 159YD.'. 32 Page 35

Local Government and Industrial Relations Amendment Bill 2008 Part 4 Other amendments [s 29] Clause 29 Amendment of sch 1 (Ethics principles for local 1 government councillors) 2 Schedule 1, section 6, `remuneration'-- 3 omit. 4 Clause 30 Amendment of sch 2 (Dictionary) 5 (1) Schedule 2, definitions expenses reimbursement policy and 6 remuneration-- 7 omit. 8 (2) Schedule 2-- 9 insert-- 10 `expenses reimbursement policy means a policy providing for 11 the following-- 12 (a) payment of reasonable expenses incurred, or to be 13 incurred, by councillors of a local government for 14 discharging their duties and responsibilities as 15 councillors; 16 (b) provision of facilities to the councillors for that 17 purpose.'. 18 Part 4 Other amendments 19 Division 1 Amendment of Building Units and 20 Group Titles Act 1980 21 Clause 31 Act amended in div 1 22 This division amends the Building Units and Group Titles Act 23 1980. 24 Page 36

Local Government and Industrial Relations Amendment Bill 2008 Part 4 Other amendments [s 32] Clause 32 Amendment of s 9 (Registration of plan) 1 Section 9(7), `sealed with the common seal of the local 2 government'-- 3 omit. 4 Division 2 Amendment of Fire and Rescue 5 Service Act 1990 6 Clause 33 Act amended in div 2 7 This division amends the Fire and Rescue Service Act 1990. 8 Clause 34 Amendment of s 123 (Recovery of arrears) 9 Section 123(3)(c), `taken to be under the common seal'-- 10 omit, insert-- 11 `as effective as it would be if signed by the mayor'. 12 Division 3 Amendment of Integrated Resort 13 Development Act 1987 14 Clause 35 Act amended in div 3 15 This division amends the Integrated Resort Development Act 16 1987. 17 Clause 36 Amendment of s 31 (Approval of local government) 18 Section 31(4), `and under the seal of the local government'-- 19 omit, insert-- 20 `of its approval on the plan of subdivision and the schedule'. 21 Page 37

Local Government and Industrial Relations Amendment Bill 2008 Part 4 Other amendments [s 37] Clause 37 Amendment of s 32 (Registration of initial plan of 1 subdivision) 2 Section 32(1)(b), `under its seal'-- 3 omit. 4 Clause 38 Amendment of s 52 (Approval by local government) 5 Section 52(3), `and under the seal of the local government'-- 6 omit, insert-- 7 `of its approval on the plan of subdivision and the schedule'. 8 Clause 39 Amendment of s 53 (Registration of plan of subdivision 9 of initial lot) 10 Section 53(1), `under its seal'-- 11 omit. 12 Clause 40 Amendment of s 61 (Approval by local government) 13 Section 61(4), `and under the seal of the local government'-- 14 omit, insert-- 15 `of its approval on the building units plan or group titles plan 16 and any schedule'. 17 Clause 41 Amendment of s 62 (Registration of building units plan or 18 group titles plan over secondary lot) 19 Section 62(1), `under its seal'-- 20 omit. 21 Clause 42 Amendment of s 79C (Approval of replacement schedule) 22 Section 79C(3), `it under the local government's seal'-- 23 omit, insert-- 24 `its approval on the replacement schedule'. 25 Page 38

Local Government and Industrial Relations Amendment Bill 2008 Part 4 Other amendments [s 43] Division 4 Amendment of Local Government 1 (Robina Central Planning 2 Agreement) Act 1992 3 Clause 43 Act amended in div 4 4 This division amends the Local Government (Robina Central 5 Planning Agreement) Act 1992. 6 Clause 44 Amendment of s 4 (The planning agreement) 7 Section 4-- 8 insert-- 9 `(2) On and after 15 March 2008, if a local government is 10 permitted or required under the planning agreement to seal a 11 plan of subdivision, it is enough that the local government 12 endorses its approval of the plan of subdivision on the plan.'. 13 � State of Queensland 2008 Page 39

AMENDMENTS TO BILL

Local Government and Industrial Relations Amendment Bill 2008 Local Government and Industrial Relations Amendment Bill 2008 Amendments agreed to during Consideration 1 Clause 10 (Replacement of s 35 (Local governments are bodies corporate etc.))-- At page 21, line 14, after `councillors'-- insert-- `for the time being'. 2 Clause 12 (Replacement of s 38 (Local government's seal))-- At page 22, lines 28 to 30-- omit, insert-- `(2) Subsection (1) does not limit section 472 or 483. Notes-- 1 A local government may, by resolution, delegate its powers, including powers under section 36, to particular persons under section 472. 2 A local government's delegate may make, vary or discharge a contract'. 3 Clause 15 (Replacement of s 53 (Joint local government's seal))-- At page 25, lines 17 to 19-- omit, insert-- `(2) Subsection (1) does not limit section 472 or 483. Notes-- 1 A joint local government may, by resolution, delegate its powers, including powers under section 50, to particular persons under section 472 as applied by section 12(1)(b). Page 1

Local Government and Industrial Relations Amendment Bill 2008 2 A joint local government's delegate may make, vary or discharge a'. 4 After clause 17-- At page 26, after line 24-- insert-- `17A Insertion of new ch 4, pt 1, div 2A `Chapter 4, part 1-- insert-- `Division 2A Councillors holding paid State appointment `226A Meaning of paid State appointment for div 2A `(1) For this division, a person holds a paid State appointment if the person, for reward-- (a) holds an office under, or is employed by, the State; or (b) holds an appointment to or in or is employed by or in-- (i) an entity of the State; or (ii) the parliamentary service of the Legislative Assembly; or (iii) a court or tribunal, or a registry or other administrative office of a court or tribunal, of the State. `(2) However, a councillor of a local government does not hold a paid State appointment if-- (a) an Act requires or expressly permits that the appointment be held by a councillor of a local government, however described; or (b) when the appointment is held by a councillor of a local government, neither the councillor nor any other person is entitled to or is entitled to and receives any reward on account of the councillor holding the appointment. Page 2

Local Government and Industrial Relations Amendment Bill 2008 `(3) For subsection (2)(b), a councillor of a local government is not taken to be entitled to a reward if the councillor irrevocably waives for all legal purposes the entitlement to the reward. `(4) For a waiver under subsection (3), the councillor must, as soon as practicable after becoming aware of the entitlement-- (a) waive the entitlement in writing; and (b) give a copy of the waiver to-- (i) if the councillor is the mayor of the local government--the chief executive officer of the local government; or (ii) otherwise--the mayor of the local government. `(5) In this section-- reward does not include-- (a) an amount decided under part 3; or Editor's note-- part 3 (Entitlements and obligations) (b) an amount decided under the deed under the Superannuation (State Public Sector) Act 1990 in relation to a transferring member within the meaning of section 32A of that Act; or (c) reasonable expenses actually incurred by or for the person for any 1 or more of the following-- (i) accommodation; (ii) meals; (iii) domestic air travel; (iv) taxi fares or public transport charges; (v) motor vehicle hire; or (d) an amount (other than an amount paid at the pleasure of the State) paid as a pension, entitlement, remuneration, allowance or otherwise for past service in a paid State appointment. Page 3

Local Government and Industrial Relations Amendment Bill 2008 `226B Meaning of class A local government and class B local government for div 2A `(1) In this division, a class A local government is a local government prescribed under a regulation as a class A local government. `(2) However, if a regulation does not prescribe any local government as a class A local government, a class A local government is a local government that, as decided by the remuneration tribunal under section 250AJ, belongs to category 3 or 4. `(3) In this division, a class B local government is a local government prescribed under a regulation as a class B local government. `(4) However, if a regulation does not prescribe any local government as a class B local government, a class B local government is any of the following-- (a) Brisbane City Council; (b) a local government that, as decided by the remuneration tribunal under section 250AJ, belongs to category 5 or a higher numbered category. `226C Effect on paid State appointment of person's election as councillor `(1) If a person who holds a paid State appointment on a full time basis is elected or appointed as the mayor of a class A local government, the person's paid State appointment is taken to end-- (a) if the person is elected other than as mentioned in paragraph (b)--on the day before the day of the poll at which the person is elected; or (b) if the person is elected under section 310(1)(a)--on the day before the day a poll would have been conducted if a poll had been required; or (c) if the person is appointed--on the day before the day the person is appointed. Page 4

Local Government and Industrial Relations Amendment Bill 2008 `(2) If a person who holds a paid State appointment on a full time basis is elected or appointed as a councillor, whether or not the mayor, of a class B local government, the person's paid State appointment is taken to end-- (a) if the person is elected other than as mentioned in paragraph (b)--on the day before the day of the poll at which the person is elected; or (b) if the person is elected under section 310(1)(a) or if, for the Brisbane City Council, the person is elected under the Electoral Act 1992, section 89--on the day before the day a poll would have been conducted if a poll had been required; or (c) if the person is appointed--on the day before the day the person is appointed. `(3) Subsections (1) and (2) do not stop a person whose holding of a paid State appointment (the original appointment) is ended under subsection (1) or (2)-- (a) from being appointed to hold the original appointment on a part time basis; or (b) from being appointed to hold another paid State appointment on a part time basis. `(4) A person appointed as mentioned in subsection (3) is entitled to retain all existing and accruing rights as if the holding of the original appointment, or other paid State appointment, on a part time basis were a continuation of the holding of the original appointment on a full time basis. `226D Councillor not to be appointed to paid State appointment `(1) A person who is the mayor of a class A local government must not be appointed to hold a paid State appointment on a full time basis. `(2) A person who is a councillor, whether or not the mayor, of a class B local government must not be appointed to hold a paid State appointment on a full time basis. Page 5

Local Government and Industrial Relations Amendment Bill 2008 `(3) An appointment made in contravention of this section is void.'.'. 5 Clause 28 (Insertion of new ch 19, pt 15)-- At page 35, line 32-- omit, insert-- `new local government see section 159YD. `1298 Constitution of new local government from changeover day to conclusion of 2008 quadrennial election `(1) This section applies to a new local government. `(2) Despite section 34, from 15 March 2008 until the end of the day that is the conclusion of the last 2008 quadrennial election held for any councillor for the new local government under chapter 3, part 1B, division 8, the new local government is constituted by the new local government's chief executive officer. `(3) In this section-- new local government see section 159YD.'.'. 6 After clause 32-- At page 37, after line 4-- insert-- `Division 1A Amendment of Community Services Act 2007 `32A Act amended in div 1A `This division amends the Community Services Act 2007. `32B Amendment of s 7 (Meaning of service provider) `(1) Section 7(1), after `State,'-- Page 6

Local Government and Industrial Relations Amendment Bill 2008 insert-- `or a local government'. `(2) Section 7, note-- omit.'. � State of Queensland 2008

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