Queensland Bills Queensland Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Local Government and Other
Legislation (Indigenous
Regional Councils)
Amendment Bill 2007
Queensland
Local Government and Other Legislation
(Indigenous Regional Councils)
Amendment Bill 2007
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Part 2 Amendment of Aboriginal Communities (Justice and Land
Matters) Act 1984
3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
4 Amendment of long title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
5 Amendment of s 1 (Short title) . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
6 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 15
7 Amendment of s 8 (Delegation by Minister or chief executive). . . 16
8 Amendment of pt 3 hdg and pt 3, div 1, hdg . . . . . . . . . . . . . . . . 17
9 Insertion of new s 8A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
8A Definition for div 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
10 Amendment of s 9 (Jurisdiction and powers of police) . . . . . . . . . 17
11 Amendment of s 10 (Entry upon community government areas
etc.) .......................................... 18
12 Amendment of s 11 (Application to community government
areas of laws relating to public places). . . . . . . . . . . . . . . . . . . . . 18
13 Amendment of s 12 (Aboriginal police) . . . . . . . . . . . . . . . . . . . . 18
14 Amendment of s 13 (Discharge of Aboriginal police officers'
functions etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
15 Amendment of s 14 (Other functions of Aboriginal police officers) 19
16 Amendment of s 15 (Indemnification of Aboriginal police
officer for liability for tort) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
17 Amendment of s 16 (Authorised officers) . . . . . . . . . . . . . . . . . . . 20
18 Amendment of s 17 (General powers of authorised officers) . . . . 21
2
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
19 Amendment of s 19 (Functions and powers) . . . . . . . . . . . . . . . . 21
20 Amendment of s 20 (Membership) . . . . . . . . . . . . . . . . . . . . . . . . 22
21 Replacement of s 21 (Criminal history checks) . . . . . . . . . . . . . . 22
21 Investigations about suitability of community justice
group members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
21A Guidelines for dealing with suitability information. . . . 24
22 Amendment of s 22 (Coordinator) . . . . . . . . . . . . . . . . . . . . . . . . 24
23 Amendment of s 23 (Authentication of documents) . . . . . . . . . . . 24
24 Amendment of s 27 (Definitions for pt 5) . . . . . . . . . . . . . . . . . . . 25
25 Amendment of s 28 (Declaration). . . . . . . . . . . . . . . . . . . . . . . . . 25
26 Amendment of s 30 (Objections and supporting submissions) . . 25
27 Amendment of s 48 (Definitions for pt 6) . . . . . . . . . . . . . . . . . . . 25
28 Amendment of s 50 (Entry on trust area etc. by non-residents). . 26
29 Amendment of s 51 (Notice about resolution) . . . . . . . . . . . . . . . 27
30 Amendment of s 52 (Community government may impose
restrictions on entry etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
31 Amendment of s 53 (General authority to enter etc. trust area) . . 27
32 Amendment of s 55 (Removal from trust area) . . . . . . . . . . . . . . 27
33 Amendment of pt 7 hdg (Assistance sought by Aborigines). . . . . 28
34 Amendment of s 56 (Grant of aid) . . . . . . . . . . . . . . . . . . . . . . . . 28
35 Amendment of s 57 (Deposit of savings with banker) . . . . . . . . . 28
36 Amendment of s 58 (Continuation of management of money) . . . 29
37 Amendment of s 60 (Administration of Aborigines' estates). . . . . 29
38 Insertion of new pt 7A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Part 7A Island Industries Board
60A The IIB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
60B Functions of IIB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
60C Membership of IIB . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
60D Appointment to membership of IIB . . . . . . . . . . . . . . . 31
60E Chairperson of IIB . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
60F Deputy chairperson of IIB. . . . . . . . . . . . . . . . . . . . . . 32
60G Term of appointment. . . . . . . . . . . . . . . . . . . . . . . . . . 33
60H Disqualification from membership . . . . . . . . . . . . . . . 33
60I Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
60J When notice of resignation takes effect . . . . . . . . . . . 34
60K Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . 34
60L Times and places of meetings . . . . . . . . . . . . . . . . . . 34
3
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
60M Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
60N Presiding at meetings. . . . . . . . . . . . . . . . . . . . . . . . . 34
60O Conduct of meetings . . . . . . . . . . . . . . . . . . . . . . . . . 35
60P Minutes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
60Q Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . 36
60R Officers and employees . . . . . . . . . . . . . . . . . . . . . . . 37
60S Powers of IIB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
60T IIB is statutory body . . . . . . . . . . . . . . . . . . . . . . . . . . 38
60U Audit of IIB's accounts . . . . . . . . . . . . . . . . . . . . . . . . 38
60V Annual report by IIB . . . . . . . . . . . . . . . . . . . . . . . . . . 39
60W Administrator may replace IIB members . . . . . . . . . . 39
60X Applying profits of IIB . . . . . . . . . . . . . . . . . . . . . . . . . 39
60Y Applying assets of IIB. . . . . . . . . . . . . . . . . . . . . . . . . 40
39 Amendment of s 61 (Aborigines' right to certain natural
resources) .................................... 41
40 Amendment of s 62 (Aborigines' right to certain forest products
and quarry material--Aboriginal land) . . . . . . . . . . . . . . . . . . . . . 41
41 Amendment of s 63 (Aborigines' right to certain forest products
and quarry material--non-Aboriginal land) . . . . . . . . . . . . . . . . . 42
42 Insertion of new s 63A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
63A Confidentiality. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
43 Amendment of s 66 (Making local laws about particular matters) 44
44 Amendment of s 67 (Evidentiary aids) . . . . . . . . . . . . . . . . . . . . . 44
45 Amendment of s 71 (Regulation-making power) . . . . . . . . . . . . . 44
46 Replacement of pt 10 (Validating provisions) . . . . . . . . . . . . . . . . 45
Part 10 Transitional provisions for Local Government
and Other Legislation (Indigenous Regional
Councils) Amendment Act 2007
79 Definitions for pt 10. . . . . . . . . . . . . . . . . . . . . . . . . . . 46
80 ICC dissolved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
81 Regulation to provide for matters relating to
dissolution of ICC . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
82 Aboriginal and Island police officers. . . . . . . . . . . . . . 47
83 Transitional provision for IIB . . . . . . . . . . . . . . . . . . . . 47
84 Community justice groups for Injinoo, New Mapoon
and Umagico community government areas . . . . . . . 48
85 Community justice groups for relevant Bamaga and
Seisia areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
4
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
Part 3 Amendment of Aborigines and Torres Strait Islanders (Land
Holding) Act 1985
47 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
48 Amendment of s 4 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . 50
49 Amendment of s 10 (Divesting and vesting of title to land) . . . . . 52
50 Amendment of s 16 (Assessment of rent) . . . . . . . . . . . . . . . . . . 52
51 Amendment of s 17 (Payment of rent) . . . . . . . . . . . . . . . . . . . . . 52
52 Amendment of s 18 (Dealings with leases) . . . . . . . . . . . . . . . . . 53
53 Amendment of s 21 (Forfeiture upon default in rent) . . . . . . . . . . 53
54 Amendment of s 22 (Action upon nonoccupation) . . . . . . . . . . . . 53
55 Amendment of s 23 (Action upon nonutilisation) . . . . . . . . . . . . . 53
56 Amendment of s 25 (Procedure upon forfeiture) . . . . . . . . . . . . . 53
57 Amendment of s 27 (Consequences of forfeiture) . . . . . . . . . . . . 54
58 Amendment of s 28 (Appeal against classification of as
nonqualified person). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
59 Amendment of s 29 (Nomination of panels) . . . . . . . . . . . . . . . . . 54
60 Amendment of s 30 (Constitution of appeal tribunals) . . . . . . . . . 54
61 Amendment of s 31 (Representations to council or appeals
tribunal) ...................................... 55
62 Amendment of s 32 (Land deemed part of trust area for certain
purposes) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
63 Insertion of new s 32A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
32A Visiting justices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
64 Amendment of s 33B (Transitional) . . . . . . . . . . . . . . . . . . . . . . . 56
Part 4 Amendment of Bail Act 1980
65 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
66 Amendment of s 6 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 56
67 Insertion of new ss 34C34E . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
34C Access to court files by representative of community
justice group in defendant's community . . . . . . . . . . . 56
34D Confidentiality. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
34E Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . 58
Part 5 Amendment of Criminal Code
68 Act amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
69 Amendment of s 119B (Retaliation against judicial officer, juror,
witness or family) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
70 Amendment of s 552C (Constitution of Magistrates Court) . . . . . 60
5
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
Part 6 Amendment of Indigenous Communities Liquor Licences
Act 2002
71 Act amended in pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
72 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 60
Part 7 Amendment of Justices of the Peace and Commissioners
for Declarations Act 1991
73 Act amended in pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
74 Amendment of s 35 (Prohibition on reward) . . . . . . . . . . . . . . . . . 61
Part 8 Amendment of Juvenile Justice Act 1992
75 Act amended in pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
76 Amendment of s 285 (When does someone gain information
through involvement in the administration of this Act) . . . . . . . . . 62
77 Amendment of s 289 (Recording, use or disclosure for
authorised purpose) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
78 Insertion of new s 289A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
289A Disclosure to another member of the community
justice group in a child's community . . . . . . . . . . . . . . 63
79 Insertion of new s 301A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
301A Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . 63
80 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 64
Part 9 Amendment of Liquor Act 1992
81 Act amended in pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
82 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 64
83 Amendment of s 174A (Powers of Aboriginal and Island police
officers) ......................................... 65
84 Amendment of s 176 (Entry and search--monitoring compliance) 66
85 Amendment of s 187EB (Forfeiture of seized property to prevent
commission of particular offences--chief executive) . . . . . . . . . . 66
Part 10 Amendment of Local Government (Aboriginal Lands) Act
1978
86 Act amended in pt 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
87 Amendment of s 2 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 67
88 Amendment of s 14 (Composition of committees) . . . . . . . . . . . . 67
89 Amendment of s 17 (Functions of committees) . . . . . . . . . . . . . . 67
90 Insertion of new s 18A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
18A Application of pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
91 Replacement of sch 1 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
Part 11 Amendment of Local Government Act 1993
92 Act amended in pt 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
6
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
93 Omission of ch 1, pt 6 (Application of Act to Torres Strait
Islander local governments) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
94 Amendment of s 18 (Declaration of classes of local
government areas) .............................. 69
95 Omission of s 40 (Application of part to Torres Strait Islander
local governments) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
96 Omission of s 56 (Application of part to Torres Strait Islander
local governments) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
97 Omission of ch 2A (Townsville-Thuringowa water supply joint
board) ........................................ 69
98 Amendment of s 159YA (Application of pt 1B) . . . . . . . . . . . . . . . 69
99 Amendment of s 159YD (Definitions for pt 1B). . . . . . . . . . . . . . . 69
100 Amendment of s 159YE (Changeover day) . . . . . . . . . . . . . . . . . 70
101 Insertion of new s 159YHA. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
159YHA Particular entities go out of existence. . . . . . . . . . . . . 70
102 Amendment of s 159ZB (Functions of interim chief executive
officer before changeover day) . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
103 Amendment of s 159ZH (Local government workforce transition
code of practice) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
104 Amendment of s 159ZK (Holding of 2008 quadrennial elections) 71
105 Amendment of s 159ZM (Changed application of s 220 for
Northern Peninsula Area and Torres Strait Island
regional councils) .............................. 71
106 Insertion of new ch 3, pt 1C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
Part 1C Particular provisions for implementation of
reform matters for indigenous regional
councils
Division 1 Preliminary
159ZZB Application of pt 1B definitions . . . . . . . . . . . . . . . . . . 72
159ZZC Definitions for pt 1C . . . . . . . . . . . . . . . . . . . . . . . . . . 72
Division 2 Torres Strait Island Regional Council
159ZZD Particular entities go out of existence. . . . . . . . . . . . . 73
159ZZE TSIRC jurisdiction extends to Island custom . . . . . . . 73
159ZZF Changed application of ss 220 and 254 . . . . . . . . . . . 73
Division 3 Northern Peninsula Area Regional Council
159ZZG Particular entities go out of existence. . . . . . . . . . . . . 74
159ZZH NPARC jurisdiction extends to Aboriginal tradition
and Island custom . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
Division 4 Indigenous regional councils generally
Subdivision 1 Community forums
7
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
159ZZI Function of community forum . . . . . . . . . . . . . . . . . . . 75
159ZZJ Establishing community forums . . . . . . . . . . . . . . . . . 76
159ZZK Mayor or mayoral candidate ineligible for community
forum membership . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
159ZZL Payment of expenses to ordinary members of
community forum . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
159ZZM Community forum convenor . . . . . . . . . . . . . . . . . . . . 78
159ZZN Functions of community forum convenor . . . . . . . . . . 78
159ZZO Meetings open to public . . . . . . . . . . . . . . . . . . . . . . . 79
Subdivision 2 Management of community deeds of grant in
trust
159ZZP Indigenous regional council as trustee of community
deed of grant in trust . . . . . . . . . . . . . . . . . . . . . . . . . 79
159ZZQ Restrictions on exercise of indigenous regional
council's powers as trustee under Land Act . . . . . . . . 80
159ZZR Mayor does not vote at meetings of trustee . . . . . . . . 80
159ZZS Community forum constituted as land panel . . . . . . . 80
159ZZT Convenor for land panel ............... 81
159ZZU Functions of convenor for land panel ..... 81
159ZZV Trustee decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
159ZZW Land panel participation in making of trustee decision 82
159ZZX Special requirements for absolute majority and for
agreement of councillor for relevant division . . . . . . . 83
159ZZY Seeking advice and views other than about trustee
decision ................................ 84
159ZZZ Meetings of trustee to be open to the public unless
otherwise resolved . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
159ZZZA Grouping of trust land not available . . . . . . . . . . . . . . 85
Subdivision 3 Other matters
159ZZZB Extended jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . 85
159ZZZC Additional reasons for appointment of financial
controller ............................. 86
159ZZZD Revocation or suspension of particular resolutions
or orders .............................. 86
159ZZZE Councillor to chair community forum . . . . . . . . . . . . . 87
159ZZZF Special accounting provision for particular payments 88
159ZZZG Power of indigenous regional council to make and
levy charge on residents. . . . . . . . . . . . . . . . . . . . . . . 88
159ZZZH Limited application of ch 14 . . . . . . . . . . . . . . . . . . . . 88
159ZZZI Disposal of land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
8
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
107 Amendment of s 188B (Appointment of financial controller) . . . . 89
108 Omission of s 190 (Application of part to Torres Strait Islander
local governments) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
109 Amendment of s 191 (Local Government Grants Commission
and its members) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
110 Amendment of s 242 (Requirements of councillors before
acting in office) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
111 Amendment of s 250AK (Deciding remuneration) . . . . . . . . . . . . 90
112 Amendment of s 250AN (Conduct of inquiries) . . . . . . . . . . . . . . 91
113 Amendment of s 250B (Definitions for pt 3A) . . . . . . . . . . . . . . . . 91
114 Insertion of new s 284AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
284AA Non-application of part to indigenous regional
councils ............................. 91
115 Amendment of s 318 (Direction that poll be conducted by postal
ballot) ......................................... 92
116 Amendment of s 346A (Distribution of ballot papers to certain
electors who may cast declaration vote) . . . . . . . . . . . . . . . . . . . 92
117 Amendment of s 347 (Distribution of ballot papers to other
electors who may or must cast declaration vote) . . . . . . . . . . . . . 92
118 Amendment of s 349 (Distribution of ballot papers to electors
for postal ballot election). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
119 Amendment of s 444 (Other meetings) . . . . . . . . . . . . . . . . . . . . 92
120 Amendment of s 450 (Notice of meetings) . . . . . . . . . . . . . . . . . . 92
121 Omission of s 465 (Public notice of resolution authorising
remuneration etc.) ............................... 93
122 Amendment of s 472 (Delegation by local government). . . . . . . . 93
123 Insertion of new s 493A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
493A Non-application of part to indigenous regional
councils ............................ 93
124 Insertion of new ch 6, pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
Part 6 Miscellaneous
501G Prohibition on loans to individuals . . . . . . . . . . . . . . . 93
125 Omission of s 1193C (Application to Torres Strait Islander local
governments) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
126 Insertion of new ch 19, pt 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
Part 14 Transitional provisions for Local Government
and Other Legislation (Indigenous Regional
Councils) Amendment Act 2007
Division 1 Preliminary
1277 Application of ch 3, pt 1B definitions . . . . . . . . . . . . . 94
9
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
1278 Definitions for pt 14. . . . . . . . . . . . . . . . . . . . . . . . . . . 94
Division 2 Torres Strait Island Regional Council
1279 Amounts loaned to individuals . . . . . . . . . . . . . . . . . . 95
1280 Delayed application of ch 7 to TSIRC. . . . . . . . . . . . . 95
1281 TSIRC becomes trustee for deeds of grant in trust
for particular Island council areas. . . . . . . . . . . . . . . . 96
1282 Local laws and subordinate local laws for local
government area of TSIRC . . . . . . . . . . . . . . . . . . . . 97
1283 Continued application of rates and other charges . . . 98
Division 3 Northern Peninsula Area Regional Council
1284 Amounts loaned to individuals . . . . . . . . . . . . . . . . . . 98
1285 Delayed application of ch 7 to NPARC . . . . . . . . . . . . 99
1286 NPARC becomes trustee for deeds of grant in trust
for particular Island council and community
government areas ........................ 100
1287 Local laws and subordinate local laws for local
government area of NPARC . . . . . . . . . . . . . . . . . . . . 101
1288 Continued application of rates and other charges
under repealed Torres Strait Act. . . . . . . . . . . . . . . . . 103
1289 Continued application of charges under Community
Government Areas Act . . . . . . . . . . . . . . . . . . . . . . . . 103
Division 4 Indigenous regional councils generally
1290 Delayed application of ch 6, pts 3 and 5. . . . . . . . . . . 104
Division 5 Remuneration schedule
1291 Remuneration schedule for 2008 . . . . . . . . . . . . . . . . 104
Division 6 Miscellaneous
1292 Transitional provision for repeal of ch 2A . . . . . . . . . . 104
1293 Special provisions for liquor licences and permits . . . 105
127 Amendment of sch 1A (Local government reform
implementation) .............................. 106
128 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 106
Part 12 Amendment of Local Government (Community Government
Areas) Act 2004
129 Act amended in pt 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
130 Omission of s 5 (Notes in text) . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
131 Amendment of pt 2 hdg (New local government areas and local
governments) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
132 Omission of pt 2, div 1 (Declaration of new local government
areas and establishment of new local governments) . . . . . . . . . . 108
133 Amendment of s 22 (Appointment of financial controller). . . . . . . 108
10
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
134 Omission of sch 2 (Declaration of new local government areas) . 108
135 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 108
Part 13 Amendment of Penalties and Sentences Act 1992
136 Act amended in pt 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
137 Amendment of s 6 (Application to children and certain courts) . . 109
138 Amendment of s 9 (Sentencing guidelines) . . . . . . . . . . . . . . . . . 109
139 Insertion of new ss 195B195D . . . . . . . . . . . . . . . . . . . . . . . . . . 110
195B Access to court files by representative of community
justice group in offender's community . . . . . . . . . . . . 110
195C Confidentiality. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
195D Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . 111
Part 14 Amendment of Valuation of Land Act 1944
140 Act amended in pt 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
141 Amendment of s 2 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 112
142 Insertion of new pt 8, div 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
Division 1A Special arrangements for implementation of
local government reform
75K Definitions for div 1A. . . . . . . . . . . . . . . . . . . . . . . . . . 113
75L Continuation of valuation . . . . . . . . . . . . . . . . . . . . . . 113
75M Valuation operations may be based on existing
local government boundaries . . . . . . . . . . . . . . . . . . . 114
75N Local governments for new or adjusted local
government areas . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
Part 15 Amendment of Water Act 2000
143 Act amended in pt 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
144 Amendment of s 25A (Meaning of water supply emergency). . . . 115
145 Amendment of s 341 (What is the SEQ region) . . . . . . . . . . . . . . 115
146 Amendment of s 599 (Composition of board for Gladstone
Area Water Board) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
147 Amendment of s 1037A (Other continuing authorities) . . . . . . . . 116
148 Amendment of s 1041 (Completed water allocation and
management plans) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
149 Insertion of new ch 9, pt 5, div 10. . . . . . . . . . . . . . . . . . . . . . . . . 116
Division 10 Transitional provisions for Local Government
and Other Legislation (Indigenous Regional
Councils) Amendment Act 2007
1156 Definitions for div 10 . . . . . . . . . . . . . . . . . . . . . . . . . . 116
1157 Particular new and adjusted local governments
taken to be service providers . . . . . . . . . . . . . . . . . . . 117
11
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
1158 New and adjusted local governments must give
regulator service provider documents . . . . . . . . . . . . 117
1159 Amending the register of service providers . . . . . . . . 118
1160 Declaration of service areas. . . . . . . . . . . . . . . . . . . . 119
Part 16 Repeals
150 Repeal of Community Services (Torres Strait) Act 1984 . . . . . . . 120
151 Repeal of Nambour Library Act 1973 . . . . . . . . . . . . . . . . . . . . . . 120
Part 17 Consequential and minor amendments
152 Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
Schedule Consequential and minor amendments . . . . . . . . . . . . . . . . . 121
Acts Interpretation Act 1954 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
Coastal Protection and Management Act 1995 . . . . . . . . . . . . . . 122
Domestic and Family Violence Protection Act 1989. . . . . . . . . . . 122
Electoral Act 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
Financial Administration and Audit Act 1977 . . . . . . . . . . . . . . . . 123
Freedom of Information Act 1992 . . . . . . . . . . . . . . . . . . . . . . . . . 123
Housing Act 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
Integrated Planning Act 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
Judicial Review Act 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
Local Government (Chinatown and The Valley Malls) Act 1984 . 124
Ombudsman Act 2001 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
Police Powers and Responsibilities Act 2000 . . . . . . . . . . . . . . . . 126
Prostitution Act 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
Public Sector Ethics Act 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
Recreation Areas Management Act 2006 . . . . . . . . . . . . . . . . . . 130
Residential Tenancies Act 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . 130
Schools of Arts (Winding Up and Transfer) Act 1960 . . . . . . . . . . 130
Southern Moreton Bay Islands Development Entitlements
Protection Act 2004 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
Torres Strait Islander Land Act 1991 . . . . . . . . . . . . . . . . . . . . . . 131
2007
A Bill
for an Act to make provision for indigenous regional
councils and for other purposes
s1 14 s4
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
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 Other 4
Legislation (Indigenous Regional Councils) Amendment Act 5
2007. 6
Clause 2 Commencement 7
The provisions of this Act, other than the following 8
provisions, commence on a day to fixed by proclamation-- 9
(a) part 11, other than sections 93, 95 to 97, 108, 109, 113, 10
114, 120 and 122 to 125; 11
(b) part 17, and the schedule to the extent it amends the 12
Judicial Review Act 1991 and the Local Government 13
(Chinatown and The Valley Malls) Act 1984. 14
Part 2 Amendment of Aboriginal 15
Communities (Justice and Land 16
Matters) Act 1984 17
Clause 3 Act amended in pt 2 18
This part amends the Aboriginal Communities (Justice and 19
Land Matters) Act 1984. 20
Clause 4 Amendment of long title 21
Long title, `government'-- 22
omit. 23
s5 15 s6
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
Clause 5 Amendment of s 1 (Short title) 1
Section 1, from `may be cited as'-- 2
omit, insert-- 3
`may be cited as the Aboriginal and Torres Strait Islander 4
Communities (Justice, Land and Other Matters) Act 1984.'. 5
Clause 6 Amendment of s 4 (Definitions) 6
(1) Section 4, definitions Aboriginal land, Aboriginal police 7
officer, Islander and non-Aboriginal land-- 8
omit. 9
(2) Section 4-- 10
insert-- 11
`Aboriginal land means Aboriginal land under the Aboriginal 12
Land Act 1991. 13
appropriately qualified, in relation to a power, includes 14
having the qualifications, experience or standing appropriate 15
to exercise the power. 16
Example of standing-- 17
a person's classification level in the public service 18
community police officer means a person appointed under 19
section 12 as a community police officer for a community 20
government area, IRC area or IRC division area. 21
IIB means the Island Industries Board. 22
indigenous regional council means TSIRC or NPARC. 23
IRC area means the local government area of an indigenous 24
regional council. 25
IRC division area means a part of an IRC area that, under the 26
Local Government Act 1993, is one of the divisions into which 27
the IRC area is divided for electoral purposes. 28
NPARC means the Northern Peninsula Area Regional 29
Council. 30
relevant Bamaga area means the area that, immediately 31
before the day that, under the Local Government Act 1993, is 32
s7 16 s7
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
the changeover day for NPARC, was the Bamaga council area 1
under the repealed Torres Strait Act. 2
relevant Seisia area means the area that, immediately before 3
the day that, under the Local Government Act 1993, is the 4
changeover day for NPARC, was the Seisia council area under 5
the repealed Torres Strait Act. 6
repealed Torres Strait Act means the Community Services 7
(Torres Strait) Act 1984 as in force before its repeal under the 8
Local Government and Other Legislation (Indigenous 9
Regional Councils) Amendment Act 2007. 10
Torres Strait Islander land means Torres Strait Islander land 11
under the Torres Strait Islander Land Act 1991. 12
TSC means the Torres Shire Council. 13
TSIRC means the Torres Strait Island Regional Council.'. 14
(3) Section 4, definition community area, after `Mornington'-- 15
insert-- 16
`or an IRC area, a part of an IRC area or an IRC division 17
area'. 18
(4) Section 4, definition local law, after `schedule'-- 19
insert-- 20
`2'. 21
(5) Section 4, definition police officer in charge, after 22
`community government area'-- 23
insert-- 24
`, IRC area or IRC division area'. 25
Clause 7 Amendment of s 8 (Delegation by Minister or chief 26
executive) 27
Section 8(2)-- 28
omit. 29
s8 17 s 10
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
Clause 8 Amendment of pt 3 hdg and pt 3, div 1, hdg 1
Part 3, heading, and part 3, division 1, heading, after 2
`government'-- 3
insert-- 4
`and IRC'. 5
Clause 9 Insertion of new s 8A 6
Part 3, division 1-- 7
insert-- 8
`8A Definition for div 1 9
`In this division-- 10
IRC area includes an IRC division area.'. 11
Clause 10 Amendment of s 9 (Jurisdiction and powers of police) 12
(1) Section 9(1), (2) and (4), after `community government'-- 13
insert-- 14
`or IRC'. 15
(2) Section 9(3), `community government area'-- 16
omit, insert-- 17
`community government or IRC area'. 18
(3) Section 9(3), `Aboriginal'-- 19
omit, insert-- 20
`community'. 21
(4) Section 9(3), before `established'-- 22
insert-- 23
`or indigenous regional council'. 24
(5) Section 9(3), `as if such local laws were part of the law of 25
Queensland'-- 26
omit. 27
s 11 18 s 13
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
Clause 11 Amendment of s 10 (Entry upon community government 1
areas etc.) 2
(1) Section 10, heading, after `community government'-- 3
insert-- 4
`or IRC'. 5
(2) Section 10, `community government area'-- 6
omit, insert-- 7
`community government area or IRC area'. 8
(3) Section 10(b), after `community government'-- 9
insert-- 10
`or indigenous regional council'. 11
Clause 12 Amendment of s 11 (Application to community 12
government areas of laws relating to public places) 13
(1) Section 11, heading, after `community government'-- 14
insert-- 15
`or IRC'. 16
(2) Section 11(1) and (2), after `community government'-- 17
insert-- 18
`or IRC'. 19
Clause 13 Amendment of s 12 (Aboriginal police) 20
(1) Section 12, heading, `Aboriginal police'-- 21
omit, insert-- 22
`Community police officers'. 23
(2) Section 12(1), after `community government'-- 24
insert-- 25
`or IRC'. 26
(3) Section 12(1), `Aboriginal'-- 27
omit, insert-- 28
s 14 19 s 15
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
`community'. 1
(4) Section 12(2) and (4), after `community government'-- 2
insert-- 3
`or indigenous regional council'. 4
Clause 14 Amendment of s 13 (Discharge of Aboriginal police 5
officers' functions etc.) 6
(1) Section 13, heading, `Aboriginal'-- 7
omit, insert-- 8
`community'. 9
(2) Section 13(1), `Aboriginal'-- 10
omit, insert-- 11
`Community'. 12
(3) Section 13(1), (2) and (4), `community government area'-- 13
omit, insert-- 14
`community government area or IRC area'. 15
(4) Section 13 (1), after `the community government'-- 16
insert-- 17
`or indigenous regional council'. 18
(5) Section 13(2), (3) and (5), `an Aboriginal'-- 19
omit, insert-- 20
`a community'. 21
(6) Section 13(4), `Aboriginal'-- 22
omit, insert-- 23
`community'. 24
Clause 15 Amendment of s 14 (Other functions of Aboriginal police 25
officers) 26
(1) Section 14, `Aboriginal'-- 27
s 16 20 s 17
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
omit, insert-- 1
`community'. 2
(2) Section 14, after `A community government'-- 3
insert-- 4
`or indigenous regional council'. 5
(3) Section 14, `community government area'-- 6
omit, insert-- 7
`community government or IRC area'. 8
Clause 16 Amendment of s 15 (Indemnification of Aboriginal police 9
officer for liability for tort) 10
(1) Section 15, heading, `Aboriginal'-- 11
omit, insert-- 12
`community'. 13
(2) Section 15, `an Aboriginal'-- 14
omit, insert-- 15
`a community'. 16
Clause 17 Amendment of s 16 (Authorised officers) 17
(1) Section 16(1), `government may'-- 18
omit, insert-- 19
`government or indigenous regional council may'. 20
(2) Section 16(1), `its community'-- 21
omit, insert-- 22
`its local'. 23
(3) Section 16(1), `government specifies'-- 24
omit, insert-- 25
`government or indigenous regional council specifies'. 26
(4) Section 16(2), `community'-- 27
s 18 21 s 19
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
omit, insert-- 1
`local'. 2
(5) Section 16(2), `Aboriginal custom, tradition and belief'-- 3
omit, insert-- 4
`Aboriginal tradition or Island custom'. 5
(6) Section 16(3), `land in the community'-- 6
omit, insert-- 7
`or Torres Strait Islander land in the local'. 8
(7) Section 16(3), after `between the community government'-- 9
insert-- 10
`or indigenous regional council'. 11
Clause 18 Amendment of s 17 (General powers of authorised 12
officers) 13
(1) Section 17(1), `community'-- 14
omit, insert-- 15
`local'. 16
(2) Section 17(1)(a), `an Aboriginal'-- 17
omit, insert-- 18
`a community'. 19
Clause 19 Amendment of s 19 (Functions and powers) 20
Section 19(1)(b)-- 21
omit, insert-- 22
`(b) take part in court hearings and sentencing and bail 23
processes as provided for in the Bail Act 1980, the 24
Juvenile Justice Act 1992 and the Penalties and 25
Sentences Act 1992; and 26
(ba) develop networks with relevant agencies to ensure crime 27
prevention, justice, community corrections and related 28
s 20 22 s 21
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
issues impacting on indigenous communities are 1
addressed; and 2
(bb) support indigenous victims and offenders at all stages of 3
the legal process; and'. 4
Clause 20 Amendment of s 20 (Membership) 5
(1) Section 20-- 6
insert-- 7
`(1A) The members of each community justice group are to be 8
appointed by the Minister by gazette notice.'. 9
(2) Section 20(3), `must'-- 10
omit, insert-- 11
`must, to the greatest practicable extent,'. 12
(3) Section 20-- 13
insert-- 14
`(4A) The Minister must, by gazette notice, revoke the appointment 15
of a member of a community justice group if the Minister 16
decides the member is no longer eligible or suitable for 17
appointment to the membership of the community justice 18
group.'. 19
Clause 21 Replacement of s 21 (Criminal history checks) 20
Section 21-- 21
omit, insert-- 22
`21 Investigations about suitability of community justice 23
group members 24
`(1) The chief executive may make inquiries to decide whether a 25
person is suitable for appointment as, or to continue as, a 26
member of a community justice group. 27
`(2) Without limiting subsection (1), the chief executive may ask 28
the commissioner of the police service for the following 29
information-- 30
(a) a written report about the person's criminal history; 31
s 21 23 s 21
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
(b) a brief description of the circumstances of any 1
conviction mentioned in the criminal history. 2
`(3) The commissioner of the police service must comply with a 3
request under subsection (2). 4
`(4) However, the chief executive may make a request about a 5
person under subsection (2) only if the person has given the 6
chief executive written consent for the request. 7
`(5) If the person does not give the written consent to the chief 8
executive, it is taken that the person is not suitable for 9
appointment as, or to continue as, a member of a community 10
justice group. 11
`(6) The duty imposed on the commissioner of the police service 12
to comply with the request applies only to information in the 13
commissioner's possession or to which the commissioner has 14
access. 15
`(7) The chief executive must ensure information given to the chief 16
executive under subsection (3) is destroyed as soon as 17
practicable after it is no longer needed for the purpose for 18
which it was requested. 19
`(8) The chief executive must give the person a copy of 20
information given to the chief executive under subsection (3). 21
`(9) The chief executive may delegate the chief executive's powers 22
under this section to an appropriately qualified public service 23
officer. 24
`(10) In this section-- 25
criminal history, of a person, means the person's criminal 26
history as defined under the Criminal Law (Rehabilitation of 27
Offenders) Act 1986, other than for a spent conviction. 28
spent conviction means a conviction-- 29
(a) for which the rehabilitation period under the Criminal 30
Law (Rehabilitation of Offenders) Act 1986 has expired 31
under that Act; and 32
(b) that is not revived as prescribed by section 11 of that 33
Act. 34
s 22 24 s 23
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
`21A Guidelines for dealing with suitability information 1
`(1) The chief executive must make guidelines, consistent with this 2
Act, for dealing with information obtained by the chief 3
executive under section 21. 4
`(2) The purpose of the guidelines is to ensure-- 5
(a) natural justice is afforded to a person about whom the 6
information is obtained; and 7
(b) only relevant information is used in making decisions 8
about a person's membership of a community justice 9
group (membership decisions); and 10
(c) membership decisions, based on the information, are 11
made consistently. 12
`(3) The chief executive must give a copy of the guidelines to a 13
person on request.'. 14
Clause 22 Amendment of s 22 (Coordinator) 15
Section 22(1)-- 16
omit, insert-- 17
`(1) The community justice group for a community area must 18
appoint a coordinator for the community justice group for the 19
area. 20
`(1A) However, if another incorporated entity has responsibility for 21
the funding arrangements of the community justice group for 22
the community area, the incorporated entity must appoint a 23
coordinator for the community justice group for the area. 24
`(1B) Before appointing a coordinator for the community justice 25
group for the area under subsection (1A), the incorporated 26
entity must consult with the community justice group about 27
the proposed appointment.'. 28
Clause 23 Amendment of s 23 (Authentication of documents) 29
Section 23, after `for the group'-- 30
s 24 25 s 27
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
insert-- 1
`and a member of the group'. 2
Clause 24 Amendment of s 27 (Definitions for pt 5) 3
(1) Section 27, definition private place, paragraph (a), after 4
`community council'-- 5
insert-- 6
`or indigenous regional council'. 7
(2) Section 27, definition private place, paragraph (b), after 8
`Aboriginal tradition'-- 9
insert-- 10
`or Island custom'. 11
Clause 25 Amendment of s 28 (Declaration) 12
(1) Section 28(1)(a), after `community council'-- 13
insert-- 14
`or indigenous regional council'. 15
(2) Section 28(1)(b) and (5), after `Aboriginal tradition'-- 16
insert-- 17
`or Island custom'. 18
Clause 26 Amendment of s 30 (Objections and supporting 19
submissions) 20
Section 30(2)(a), after `Aboriginal tradition'-- 21
insert-- 22
`or Island custom'. 23
Clause 27 Amendment of s 48 (Definitions for pt 6) 24
(1) Section 48, definition trust area, after `community 25
government'-- 26
s 28 26 s 28
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
insert-- 1
`or IRC'. 2
(2) Section 48, definition trust area, paragraph (a), `Aboriginal 3
inhabitants or for Aboriginal purposes'-- 4
omit, insert-- 5
`Aboriginal or Torres Strait Islander inhabitants or for 6
Aboriginal or Torres Strait Islander purposes'. 7
(3) Section 48, definition trust area, paragraph (b), 8
`Aboriginal'-- 9
omit, insert-- 10
`Aboriginal or Torres Strait Islander'. 11
(4) Section 48, definition trust area, paragraph (c), after 12
`Aboriginal'-- 13
insert-- 14
`or Torres Strait Islander'. 15
Clause 28 Amendment of s 50 (Entry on trust area etc. by 16
non-residents) 17
(1) Section 50(1)(b), after `community government'-- 18
insert-- 19
`or indigenous regional council'. 20
(2) Section 50(4), (5)(b) and (6), `Aboriginal land'-- 21
omit, insert-- 22
`Aboriginal or Torres Strait Islander land'. 23
(3) Section 50(5)(a)(ii), after `(the Aboriginal land area)'-- 24
insert-- 25
`, or is permitted under the Torres Strait Islander Land Act 26
1991 to enter and be on Torres Strait Islander land (the Torres 27
Strait Islander land area)'. 28
s 29 27 s 32
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
Clause 29 Amendment of s 51 (Notice about resolution) 1
Section 51(1), after `community government'-- 2
insert-- 3
`or indigenous regional council'. 4
Clause 30 Amendment of s 52 (Community government may impose 5
restrictions on entry etc.) 6
Section 52, after `community government'-- 7
insert-- 8
`or indigenous regional council'. 9
Clause 31 Amendment of s 53 (General authority to enter etc. trust 10
area) 11
(1) Section 53(1)(a), after `Aboriginal person'-- 12
insert-- 13
`or Torres Strait Islander'. 14
(2) Section 53(1)(c), after `community government'-- 15
insert-- 16
`or indigenous regional council'. 17
(3) Section 53(2), after `Aboriginal'-- 18
insert-- 19
`or Torres Strait Islander'. 20
Clause 32 Amendment of s 55 (Removal from trust area) 21
(1) Section 55(1), `Aboriginal'-- 22
omit, insert-- 23
`community'. 24
(2) Section 55(2) and (3), `an Aboriginal'-- 25
omit, insert-- 26
`a community'. 27
s 33 28 s 35
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
(3) Section 55(2), `the Aboriginal'-- 1
omit, insert-- 2
`the community'. 3
Clause 33 Amendment of pt 7 hdg (Assistance sought by 4
Aborigines) 5
Part 7, heading, after `Aborigines'-- 6
insert-- 7
`or Torres Strait Islanders'. 8
Clause 34 Amendment of s 56 (Grant of aid) 9
(1) Section 56(1), after `Aborigine'-- 10
insert-- 11
`or Torres Strait Islander'. 12
(2) Section 56(1), after `Aborigines'-- 13
insert-- 14
`or Torres Strait Islanders'. 15
Clause 35 Amendment of s 57 (Deposit of savings with banker) 16
(1) Section 57(1) and (5), after `Aborigines'-- 17
insert-- 18
`or Torres Strait Islanders'. 19
(2) Section 57(1), from `and the chief executive' to `of a like 20
nature'-- 21
omit. 22
(3) Section 57-- 23
insert-- 24
`(1A) Both the chief executive and IIB are separately authorised to 25
establish new facilities similar to those mentioned in 26
subsection (1).'. 27
s 36 29 s 38
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
(4) Section 57(4) and (5), after `Aborigine'-- 1
insert-- 2
`or Torres Strait Islander'. 3
Clause 36 Amendment of s 58 (Continuation of management of 4
money) 5
(1) Section 58(2), after `Aborigine'-- 6
insert-- 7
`or Torres Strait Islander'. 8
(2) Section 58(2), `pursuant to subsection (1) shall be deemed'-- 9
omit, insert-- 10
`under subsection (1), or under the repealed Torres Strait Act, 11
section 181(1), is taken'. 12
Clause 37 Amendment of s 60 (Administration of Aborigines' 13
estates) 14
(1) Section 60, heading, `Aborigines' estates'-- 15
omit, insert-- 16
`estates of Aborigines and Torres Strait Islanders'. 17
(2) Section 60(1) and (4), after `Aborigine'-- 18
insert-- 19
`or Torres Strait Islander'. 20
(3) Section 60(4), after `Aborigines'-- 21
insert-- 22
`or Torres Strait Islanders'. 23
Clause 38 Insertion of new pt 7A 24
After section 60-- 25
insert-- 26
`Part 7A Island Industries Board 27
s 38 30 s 38
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
`60A The IIB 1
`(1) The Island Industries Board established under the repealed 2
Torres Strait Act, section 149 is continued in existence under 3
this Act. 4
`(2) IIB-- 5
(a) is a body corporate; and 6
(b) has a seal; and 7
(c) may sue and be sued in its corporate name. 8
`60B Functions of IIB 9
`The IIB has the following functions-- 10
(a) to act as a commercial enterprise for the general 11
convenience or benefit of the residents of-- 12
(i) the local government area of TSIRC; and 13
(ii) the relevant Bamaga area and the relevant Seisia 14
area; and 15
(iii) the local government area of TSC; 16
(b) to apply its profits or assets to promote, support and 17
improve its services and the general welfare, including 18
the knowledge and skills, of the Aboriginal and Torres 19
Strait Islander residents of the areas mentioned in 20
paragraph (a); 21
(c) from time to time, to investigate, and to report and make 22
recommendations to the chief executive about-- 23
(i) any trade, commerce or business carried on by the 24
residents mentioned in paragraph (b); and 25
(ii) markets for the produce of the residents, trade in 26
the produce, and ways of marketing the produce; 27
and 28
(iii) the encouragement, development and protection of 29
the trade, commerce and businesses of the 30
residents. 31
s 38 31 s 38
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
`60C Membership of IIB 1
`IIB consists of at least 5, but not more than 8, members 2
appointed by the Governor in Council. 3
`60D Appointment to membership of IIB 4
`(1) A person is qualified to be nominated by the Minister for 5
appointment as a member of IIB only if the person-- 6
(a) has-- 7
(i) commercial or management skills and experience; 8
or 9
(ii) other skills and experience relevant to the 10
performance of IIB's functions; and 11
(b) is not disqualified under this part from being a member. 12
`(2) Subject to subsection (5), IIB must include 2 members from a 13
panel established as follows-- 14
(a) at least 5 qualified persons proposed by TSIRC; 15
(b) at least 2 qualified persons proposed by TSC; 16
(c) 1 qualified person proposed by the councillor for the 17
division of NPARC that is the relevant Bamaga area; 18
(d) 1 qualified person proposed by the councillor for the 19
division of NPARC that is the relevant Seisia area. 20
`(3) For subsection (2)(c) or (d), the qualified person proposed 21
may be the councillor. 22
`(4) The Minister must give each nominating entity a notice 23
stating a reasonable period within which the nominating entity 24
may propose a person or persons under subsection (2). 25
`(5) If the panel mentioned in subsection (2) is not complete 26
within the period stated in the notice under subsection (4), the 27
Minister, in nominating qualified persons for appointment, 28
may limit the nomination of persons included in the 29
incomplete panel to the extent the Minister considers 30
appropriate. 31
`(6) In this section-- 32
s 38 32 s 38
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
nominating entity means-- 1
(a) TSIRC; or 2
(b) TSC; or 3
(c) the councillor mentioned in subsection (2)(c); or 4
(d) the councillor mentioned in subsection (2)(d). 5
`60E Chairperson of IIB 6
`(1) The Governor in Council may appoint a member of IIB to be 7
its chairperson. 8
`(2) A person may be appointed as the chairperson at the same 9
time the person is appointed as a member. 10
`(3) The chairperson holds office for the term decided by the 11
Governor in Council unless the person's term of office as a 12
member ends sooner than the person's term of office as 13
chairperson ends. 14
`(4) A person may be appointed as the chairperson for not more 15
than 2 consecutive terms. 16
`(5) A vacancy arises in the office of chairperson if the person 17
holding the office-- 18
(a) resigns the office by signed notice of resignation given 19
to the Minister; or 20
(b) ceases to be a member. 21
`(6) A person resigning the office of chairperson may continue to 22
be a member. 23
`60F Deputy chairperson of IIB 24
`(1) IIB must appoint a member of IIB to be its deputy 25
chairperson. 26
`(2) A vacancy arises in the office of deputy chairperson if-- 27
(a) the person holding the office resigns the office by signed 28
notice of resignation given to the chairperson; or 29
(b) the person's term of office as an IIB member ends; or 30
s 38 33 s 38
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
(c) the person otherwise stops being an IIB member. 1
`(3) However, a person may resign from the office of deputy 2
chairperson and continue to be a member. 3
`(4) The deputy chairperson must act as chairperson-- 4
(a) during a vacancy in the office of chairperson; and 5
(b) during all periods when the chairperson is absent from 6
duty or, for another reason, can not perform the 7
functions of the office. 8
`60G Term of appointment 9
`A member of IIB may be appointed for a term of not more 10
than 4 years. 11
`60H Disqualification from membership 12
`A person can not become, or continue to be, a member of IIB 13
if the person-- 14
(a) is or becomes an insolvent under administration under 15
the Corporations Act, section 9; or 16
(b) is disqualified from managing corporations under the 17
Corporations Act, part 2D.6; or 18
(c) has been, or is, convicted of an indictable offence; or 19
(d) has been, or is, convicted of an offence against this Act. 20
`60I Vacation of office 21
`(1) A member of IIB is taken to have vacated office as a member 22
if the member-- 23
(a) resigns by signed notice of resignation given to the 24
Minister; or 25
(b) under this part, can not continue to be a member; or 26
(c) is absent without IIB's permission from 3 consecutive 27
meetings of IIB of which proper notice has been given; 28
or 29
s 38 34 s 38
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
(d) is absent, in any period of 6 months, and without IIB's 1
permission, from all meetings of IIB of which proper 2
notice has been given. 3
`(2) If the member attends for a meeting of which proper notice is 4
given, but for which a quorum is not present, the meeting is 5
nevertheless taken to be a meeting at which the member was 6
present. 7
`60J When notice of resignation takes effect 8
`A notice of resignation given under this part takes effect 9
when it is given to the person to whom it is required to be 10
given or, if a later time is stated in the notice, at the later time. 11
`60K Conduct of business 12
`Subject to any other requirement of this part, IIB may 13
conduct its business, including its meetings, in the way it 14
considers appropriate. 15
`60L Times and places of meetings 16
`(1) IIB's meetings are to be held at the times and places the 17
chairperson decides. 18
`(2) However, the chairperson must call a meeting if asked in 19
writing to do so by the Minister or by at least the number of 20
members required for a quorum for a meeting of IIB. 21
`60M Quorum 22
`A quorum for a meeting of IIB is the number equal to half of 23
the number of its members or, if that is not a whole number, 24
the next highest whole number. 25
`60N Presiding at meetings 26
`(1) The chairperson must preside at all meetings of IIB at which 27
the chairperson is present. 28
s 38 35 s 38
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
`(2) If the chairperson is absent from an IIB meeting or there is a 1
vacancy in the office of chairperson, the deputy chairperson 2
must preside. 3
`(3) If the chairperson and the deputy chairperson are both absent 4
from an IIB meeting, or if both offices are vacant, a member 5
chosen by the members present must preside. 6
`60O Conduct of meetings 7
`(1) A question at an IIB meeting is decided by a majority of the 8
votes of the members present. 9
`(2) Each member present at the meeting has a vote on each 10
question to be decided and, if the votes are equal, the member 11
presiding also has a casting vote. 12
`(3) A member present at the meeting who abstains from voting is 13
taken to have voted for the negative. 14
`(4) IIB may hold meetings, or allow members to take part in its 15
meetings, by using any technology allowing reasonably 16
contemporaneous and continuous communication between 17
persons taking part in the meeting. 18
Example of technology allowing reasonably contemporaneous and 19
continuous communication-- 20
teleconferencing 21
`(5) A person who takes part in an IIB meeting under subsection 22
(4) is taken to be present at the meeting. 23
`(6) A resolution is validly made by IIB even if it is not passed at 24
an IIB meeting if-- 25
(a) a majority of the IIB members gives written agreement 26
to the resolution; and 27
(b) notice of the resolution is given under procedures 28
approved by IIB. 29
`60P Minutes 30
`(1) IIB must keep-- 31
(a) minutes of its meetings; and 32
s 38 36 s 38
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
(b) valid resolutions passed other than at an IIB meeting. 1
`(2) Subsection (3) applies if a resolution is passed at an IIB 2
meeting. 3
`(3) If asked by a member who voted against the passing of the 4
resolution, IIB must record in the minutes of the meeting that 5
the member voted against the resolution. 6
`60Q Disclosure of interests 7
`(1) This section applies to an IIB member (the interested person) 8
if-- 9
(a) the interested person has a direct or indirect interest in 10
an issue being considered, or about to be considered, by 11
IIB; and 12
(b) the interest could conflict with the proper performance 13
of the person's duties about the consideration of the 14
issue. 15
`(2) As soon as practicable after the relevant facts come to the 16
interested person's knowledge, the person must disclose the 17
nature of the interest to an IIB meeting. 18
`(3) Unless IIB otherwise directs, the interested person must not-- 19
(a) be present when IIB considers the issue; or 20
(b) take part in a decision of IIB about the issue. 21
`(4) The interested person must not be present when IIB is 22
considering whether to give a direction under subsection (3). 23
`(5) If there is another person who must, under subsection (2), also 24
disclose an interest in the issue, the other person must not-- 25
(a) be present when IIB is considering whether to give a 26
direction under subsection (3) about the interested 27
person; or 28
(b) take part in making the decision about giving the 29
direction. 30
`(6) If-- 31
(a) because of this section, an IIB member is not present at 32
an IIB meeting for considering or deciding an issue, or 33
s 38 37 s 38
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
for considering or deciding whether to give a direction 1
under subsection (3); and 2
(b) there would be a quorum if the member were present; 3
the remaining persons present are a quorum for considering or 4
deciding the issue, or for considering or deciding whether to 5
give the direction, at the meeting. 6
`(7) A disclosure under subsection (2) must be recorded in IIB's 7
minutes. 8
`60R Officers and employees 9
`(1) Subject to any direction given by the Minister, IIB-- 10
(a) must appoint an individual as its chief executive officer; 11
and 12
(b) may appoint the administrative and technical officers 13
and clerks, and employ the employees and agents, as it 14
considers necessary for the proper performance of its 15
functions. 16
`(2) The chief executive officer may-- 17
(a) execute documents on behalf of IIB; and 18
(b) fix IIB's seal to any document; and 19
(c) perform the duties IIB gives the chief executive officer. 20
`60S Powers of IIB 21
`IIB has the powers of an individual and may, for example-- 22
(a) enter into contracts; and 23
(b) acquire, hold, deal with and dispose of property; and 24
(c) appoint agents and attorneys; and 25
(d) charge for, and place conditions on, the supply of goods, 26
services or information it supplies; and 27
(e) engage consultants; and 28
(f) establish funds to ensure the proper conduct of its 29
enterprises and other activities; and 30
s 38 38 s 38
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
(g) carry on any sort of business that is consistent with the 1
performance of its functions; and 2
(h) do anything else necessary or convenient to be done in 3
performing its functions. 4
`60T IIB is statutory body 5
`(1) Under the Statutory Bodies Financial Arrangements Act 6
1982, IIB is a statutory body. 7
`(2) The Statutory Bodies Financial Arrangements Act 1982, part 8
2B sets out the way in which IIB's powers under this Act are 9
affected by the Statutory Bodies Financial Arrangements Act 10
1982. 11
`60U Audit of IIB's accounts 12
`(1) IIB's accounts must be audited by the auditor-general or a 13
person authorised by the auditor-general. 14
`(2) The person who conducts the audit has, in relation to the audit 15
and the accounts, all the powers of the auditor-general under 16
the Financial Administration and Audit Act 1977 as if IIB 17
were a department of government. 18
`(3) For the audit, IIB must pay the fee decided by the 19
auditor-general. 20
`(4) The auditor-general-- 21
(a) must at least once a year, report to the Minister the result 22
of each audit carried out under this section; and 23
(b) may include with the report recommendations to the 24
Minister about IIB's accounts. 25
`(5) The auditor-general must give IIB's chairperson a copy of the 26
report and any recommendations. 27
`(6) The chairperson must table the report and any 28
recommendations at IIB's next meeting after the chairperson 29
receives them. 30
`(7) The Minister and IIB's chairperson must consider the 31
auditor-general's report and any recommendations. 32
s 38 39 s 38
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
`60V Annual report by IIB 1
`As soon as practicable after 1 February in each year, IIB must 2
give the Minister a full report of its operations in the most 3
recently completed calendar year. 4
`60W Administrator may replace IIB members 5
`(1) The Governor in Council may at any time, on the 6
recommendation of the Minister, dismiss the members of IIB. 7
`(2) If the Governor in Council acts under subsection (1)-- 8
(a) the members go out of office; and 9
(b) the Governor in Council may appoint in their place an 10
administrator to administer IIB. 11
`(3) A person appointed as administrator under subsection (2) 12
must administer IIB's affairs for the term, of not more than 2 13
years, decided by the Governor in Council. 14
`(4) Subsection (3) does not stop the Governor in Council from 15
revoking the appointment of an administrator for any reason 16
before the term of appointment expires, either to appoint a 17
different person as administrator or to appoint new members 18
of IIB. 19
`(5) While an administrator's appointment continues, the 20
administrator is taken to constitute IIB instead of the 21
members. 22
`60X Applying profits of IIB 23
`(1) This section applies in relation to IIB's function of applying 24
its profits to promote, support and improve its services and the 25
general welfare, including the knowledge and skills, of 26
Aboriginal and Torres Strait Islander residents. 27
`(2) IIB must apply its profits in the way IIB directs, subject to the 28
approval of the Governor in Council. 29
s 38 40 s 38
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
`60Y Applying assets of IIB 1
`(1) This section applies in relation to IIB's function of applying 2
its assets to promote, support and improve its services and the 3
general welfare, including the knowledge and skills, of 4
Aboriginal and Torres Strait Islander residents. 5
`(2) IIB must apply its assets in the way IIB directs, subject to the 6
approval of the Governor in Council. 7
`(3) Subsections (4) to (7) state additional requirements that apply 8
for the application of an asset that is an operating business. 9
`(4) IIB may, on the written request of a relevant person, enter into 10
arrangements with 1 or more residents, or an incorporated 11
entity controlled by residents, to transfer to the residents or 12
entity an operating business of IIB located at the place where 13
the residents reside or the entity is located. 14
`(5) In deciding whether to enter into the arrangements, IIB must 15
have regard to-- 16
(a) the resources, business capability and experience of the 17
residents or incorporated entity; and 18
(b) the impact the arrangements for transfer is likely to have 19
on the services IIB provides generally to residents of the 20
local government areas of TSIRC and TSC and the 21
relevant Bamaga and Seisia areas. 22
`(6) IIB must not enter into arrangements under subsection (4) 23
unless the Minister has by written notice given to IIB-- 24
(a) given approval generally to the transfer of the business 25
to the residents or entity; and 26
(b) approved the particular terms of the arrangements. 27
`(7) In this section-- 28
arrangements includes contracts and transactions. 29
relevant person means-- 30
(a) if the operating business is located in a division of the 31
the local government area of TSIRC--the councillor for 32
the division; or 33
s 39 41 s 40
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
(b) if the operating business is located in the relevant 1
Bamaga area--the councillor for the division of NPARC 2
that is the relevant Bamaga area; or 3
(c) if the operating business is located in the relevant Seisia 4
area--the councillor for the division of NPARC that is 5
the relevant Seisia area.'. 6
Clause 39 Amendment of s 61 (Aborigines' right to certain natural 7
resources) 8
(1) Section 61, heading, `Aborigines' right to certain'-- 9
omit, insert-- 10
`Right of Aborigines and Torres Strait Islanders to 11
particular'. 12
(2) Section 61(1), `Aborigines resident in a community 13
government area'-- 14
omit, insert-- 15
`Aborigines or Torres Strait Islanders resident in a community 16
government or IRC area'. 17
Clause 40 Amendment of s 62 (Aborigines' right to certain forest 18
products and quarry material--Aboriginal land) 19
(1) Section 62, heading, `Aborigines' right to certain'-- 20
omit, insert-- 21
`Right of Aborigines and Torres Strait Islanders to 22
particular'. 23
(2) Section 62, heading, after `Aboriginal'-- 24
insert-- 25
`and Torres Strait Islander'. 26
(3) Section 62(1), after `of Aboriginal'-- 27
insert-- 28
`or Torres Strait Islander'. 29
(4) Section 62(1), `for the community government area'-- 30
s 41 42 s 41
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
omit, insert-- 1
`or indigenous regional council for the community 2
government or IRC area'. 3
(5) Section 62(1), after `in the community government'-- 4
insert-- 5
`or IRC'. 6
(6) Section 62(2), after `community government'-- 7
insert-- 8
`or indigenous regional council'. 9
Clause 41 Amendment of s 63 (Aborigines' right to certain forest 10
products and quarry material--non-Aboriginal land) 11
(1) Section 63, heading-- 12
omit, insert-- 13
`Right of Aborigines and Torres Strait Islanders to 14
particular forest products and quarry 15
material--non-Aboriginal and non-Torres Strait Islander 16
land'. 17
(2) Section 63(1), after `Aborigines'-- 18
insert-- 19
`or Torres Strait Islanders'. 20
(3) Section 63(1), `area of a community government'-- 21
omit, insert-- 22
`or IRC area of a community government or indigenous 23
regional council'. 24
(4) Section 63(1), after `by the community government'-- 25
insert-- 26
`or indigenous regional council'. 27
(5) Section 63(1), `area of the community government'-- 28
omit, insert-- 29
s 42 43 s 42
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
`or IRC area of the community government or indigenous 1
regional council'. 2
(6) Section 63(3), before `may'-- 3
insert-- 4
`or indigenous regional council'. 5
(7) Section 63(3), after `by the community government'-- 6
insert-- 7
`or indigenous regional council'. 8
(8) Section 63(3), `area of the community government'-- 9
omit, insert-- 10
`or IRC area of the community government or indigenous 11
regional council'. 12
Clause 42 Insertion of new s 63A 13
After section 63-- 14
insert-- 15
`63A Confidentiality 16
`(1) This section applies to a person who has gained, gains, or has 17
access to, protected information through involvement in the 18
administration of this Act. 19
`(2) The person must not-- 20
(a) record or use the information, or intentionally disclose it 21
to anyone, other than under this section; or 22
(b) recklessly disclose the information to anyone. 23
Maximum penalty--100 penalty units or 2 years 24
imprisonment. 25
`(3) The person may record, use or disclose the information-- 26
(a) if expressly permitted or required under an Act to do so; 27
or 28
s 43 44 s 45
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
(b) for statistical purposes, without revealing, or being 1
likely to reveal, the identity of a person to which it 2
relates; or 3
(c) in compliance with lawful process requiring production 4
of documents or giving of evidence before a court or 5
tribunal. 6
`(4) In this section-- 7
protected information means information obtained by the 8
chief executive under section 21.'. 9
Clause 43 Amendment of s 66 (Making local laws about particular 10
matters) 11
(1) Section 66, `, a community government'-- 12
omit, insert-- 13
`or indigenous regional council, a community government or 14
indigenous regional council'. 15
(2) Section 66(a) and (b), after `community government'-- 16
insert-- 17
`or IRC'. 18
(3) Section 66(b), before `its community'-- 19
insert-- 20
`any community area within'. 21
Clause 44 Amendment of s 67 (Evidentiary aids) 22
Section 67(1)(a), `area'-- 23
omit, insert-- 24
`or IRC area, or IRC division area,'. 25
Clause 45 Amendment of s 71 (Regulation-making power) 26
(1) Section 71(2)(b), `Aboriginal'-- 27
omit, insert-- 28
s 46 45 s 46
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
`community'. 1
(2) Section 71(2)(c), (h), (i) and (j), after `Aborigines'-- 2
insert-- 3
`and Torres Strait Islanders'. 4
(3) Section 71(2)(h), after `of a community government'-- 5
insert-- 6
`or in the IRC area of an indigenous regional council'. 7
(4) Section 71(2)(i), `Aborigines' estates'-- 8
omit, insert-- 9
`the estates of Aborigines and Torres Strait Islanders'. 10
(5) Section 71(2)-- 11
insert-- 12
`(p) meetings of IIB and attendances at the meetings; and 13
(q) the accounts and records to be kept by IIB, either 14
generally or in relation to a particular business of IIB; 15
and 16
(r) the way IIB's accounts and records are to be kept, 17
including records of the performance of IIB's activities; 18
and 19
(s) the functions, powers and duties of IIB's officers, clerks 20
and employees; and 21
(t) the security and protection of IIB's property.'. 22
Clause 46 Replacement of pt 10 (Validating provisions) 23
Part 10-- 24
omit, insert-- 25
s 46 46 s 46
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
`Part 10 Transitional provisions for 1
Local Government and Other 2
Legislation (Indigenous 3
Regional Councils) 4
Amendment Act 2007 5
`79 Definitions for pt 10 6
`In this division-- 7
commencement means the commencement of this section. 8
ICC means the Island Coordinating Council established under 9
repealed part 8. 10
repealed part 8 means part 8 of the repealed Torres Strait Act 11
as in force before the repeal of that Act. 12
`80 ICC dissolved 13
`ICC is dissolved and its members go out of office. 14
`81 Regulation to provide for matters relating to 15
dissolution of ICC 16
`(1) A regulation may provide for all matters necessary or 17
convenient to provide for the dissolution of ICC. 18
`(2) Without limiting subsection (1), a regulation under subsection 19
(1) may provide for-- 20
(a) how references to ICC in any Act or document are to 21
apply after the commencement; and 22
(b) how agreements to which ICC was a party before the 23
commencement are to continue after the 24
commencement; and 25
(c) how proceedings that could have been started or 26
continued by or against ICC before the commencement 27
may be started or continued after the commencement; 28
and 29
s 46 47 s 46
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
(d) how assets and liabilities of ICC before the 1
commencement are to be dealt with after the 2
commencement. 3
`82 Aboriginal and Island police officers 4
`(1) This section applies to a person if, immediately before the 5
commencement, the person held appointment, in relation to an 6
area, as-- 7
(a) an Island police officer under the repealed Torres Strait 8
Act; or 9
(b) an Aboriginal police officer under this Act. 10
`(2) From the commencement, the person, without further 11
appointment, holds appointment as a community police 12
officer under this Act in relation to the same area, and for that 13
purpose-- 14
(a) is taken to have been appointed under this Act; and 15
(b) subject to any action that may be taken under section 14 16
in relation to the community police officer's 17
responsibilities, continues to have the same 18
responsibilities with which the person was charged 19
immediately before the commencement. 20
`(3) A reference in any Act or document to an Aboriginal or Island 21
police officer may, if the context permits, be taken to be a 22
reference to a community police officer. 23
`83 Transitional provision for IIB 24
`(1) A person who, immediately before the commencement, was a 25
member of the Island Industries Board under the repealed 26
Torres Strait Act continues as a member of IIB until the end of 27
the term for which the member was appointed. 28
`(2) The person who, immediately before the commencement, was 29
the member of the Island Industries Board under the repealed 30
Torres Strait Act who held appointment as chairperson of the 31
Island Industries Board continues as chairperson of IIB until 32
the end of the term for which the member was appointed as 33
chairperson. 34
s 46 48 s 46
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
`(3) The person who, immediately before the commencement, was 1
the member of the Island Industries Board under the repealed 2
Torres Strait Act who held appointment as deputy chairperson 3
of the Island Industries Board continues as deputy chairperson 4
of IIB until IIB otherwise decides. 5
`(4) The provisions of part 7A about disqualification from or 6
vacation of office as a member or chairperson of IIB apply to 7
a member or chairperson mentioned in subsection (1) or (2), 8
including in relation to any period for which the person held 9
appointment before the commencement. 10
`(5) Subject to part 7A, all other matters relating to the Island 11
Industries Board under the repealed Torres Strait Act, 12
including for example contracts and employment 13
arrangements entered into before the commencement, are not 14
affected by the repeal of that Act and the commencement of 15
part 7A. 16
`84 Community justice groups for Injinoo, New Mapoon 17
and Umagico community government areas 18
`(1) A community justice group for a relevant community 19
government area, existing immediately before the 20
commencement, continues as the community justice group for 21
the relevant community area. 22
`(2) A person who, immediately before the commencement, was a 23
member of a community justice group for a relevant 24
community government area continues as a member of the 25
community justice group for the relevant community area 26
until-- 27
(a) the end of the term for which the member was 28
appointed; or 29
(b) the Minister decides the member is no longer eligible or 30
suitable for appointment to the membership of the 31
community justice group and revokes the appointment; 32
or 33
(c) the office of the member is otherwise vacated under a 34
regulation. 35
s 46 49 s 46
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
`(3) The person who, immediately before the commencement, 1
held appointment as a coordinator for a community justice 2
group for a relevant community government area is, without 3
further appointment, taken to hold appointment as a 4
coordinator for the community justice group for the relevant 5
community area. 6
`(4) Subject to part 4, all other matters relating to a community 7
justice group for a relevant community government area, 8
including, for example, contracts entered into before the 9
commencement, are not affected by the amendment of part 4'. 10
`(5) In this section-- 11
relevant community government area means each of the 12
following community government areas under the Local 13
Government (Community Government Areas) Act 2004-- 14
(a) Injinoo; 15
(b) New Mapoon; 16
(c) Umagico. 17
`85 Community justice groups for relevant Bamaga and 18
Seisia areas 19
`(1) A community justice group for the relevant Bamaga or Seisia 20
area, existing immediately before the commencement, 21
continues as the community justice group for the relevant 22
community area. 23
`(2) A person who, immediately before the commencement, was a 24
member of a community justice group for the relevant 25
Bamaga or Seisia area continues as a member of the 26
community justice group for the relevant community area 27
until-- 28
(a) the end of the term for which the member was 29
appointed; or 30
(b) the member resigns; or 31
(c) the Minister decides the member is no longer eligible or 32
suitable for appointment to the membership of the 33
community justice group and revokes the appointment. 34
s 47 50 s 48
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
`(3) The person who, immediately before the commencement, 1
held appointment under the repealed Torres Strait Act as a 2
coordinator for a community justice group for the relevant 3
Bamaga or Seisia area is, without further appointment, taken 4
to hold appointment as a coordinator for the community 5
justice group for the relevant community area. 6
`(4) Subject to part 4, all other matters relating to a community 7
justice group for the relevant Bamaga or Seisia area under the 8
the repealed Torres Strait Act, including for example contracts 9
entered into before the commencement, are not affected by the 10
repeal of that Act.'. 11
Part 3 Amendment of Aborigines and 12
Torres Strait Islanders (Land 13
Holding) Act 1985 14
Clause 47 Act amended in pt 3 15
This part amends the Aborigines and Torres Strait Islanders 16
(Land Holding) Act 1985. 17
Clause 48 Amendment of s 4 (Interpretation) 18
(1) Section 4(1), definitions Aboriginal council, council area, 19
Island council and visiting justice-- 20
omit. 21
(2) Section 4(1)-- 22
insert-- 23
indigenous council means-- 24
(a) an indigenous regional council under the Local 25
Government Act 1993; or 26
(b) a community government under the Local Government 27
(Community Government Areas) Act 2004. 28
s 48 51 s 48
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
indigenous council area means the local government area of 1
an indigenous council. 2
visiting justice means a visiting justice holding appointment 3
under section 32A.'. 4
(3) Section 4(1), definition qualified person, paragraph (a), 5
`Aboriginal Communities (Justice and Land Matters) Act 6
1984'-- 7
omit, insert-- 8
`Aboriginal and Torres Strait Islander Communities (Justice, 9
Land and Other Matters) Act 1984'. 10
(4) Section 4(1), definition qualified person, paragraph (a), 11
`Aboriginal council'-- 12
omit, insert-- 13
`indigenous council'. 14
(5) Section 4(1), definition qualified person, paragraph (b), 15
`Community Services (Torres Strait) Act 1984'-- 16
omit, insert-- 17
`Aboriginal and Torres Strait Islander Communities (Justice, 18
Land and Other Matters) Act 1984'. 19
(6) Section 4(1), definition qualified person, paragraph (b), 20
`Island council'-- 21
omit, insert-- 22
`indigenous council'. 23
(7) Section 4(1), definition trustee council, paragraph (a), `an 24
Aboriginal council--that Aboriginal council'-- 25
omit, insert-- 26
`an indigenous council--the indigenous council'. 27
(8) Section 4(1), definition trustee council, paragraph (b)-- 28
omit. 29
(9) Section 4(1), definition trustee council, paragraph (c)-- 30
renumber as paragraph (b). 31
s 49 52 s 51
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
(10) Section 4(1), definition trustee council, paragraph (d)-- 1
omit. 2
Clause 49 Amendment of s 10 (Divesting and vesting of title to land) 3
(1) Section 10(1), `Aboriginal or Island council'-- 4
omit, insert-- 5
`indigenous council'. 6
(2) Section 10(4), `a council'-- 7
omit, insert-- 8
`an indigenous council'. 9
(3) Section 10(4)(c), `Community Services (Torres Strait) Act 10
1984'-- 11
omit, insert-- 12
`Aboriginal and Torres Strait Islander Communities (Justice, 13
Land and Other Matters) Act 1984'. 14
(4) Section 10(4), `Island council'-- 15
omit, insert-- 16
`indigenous council'. 17
Clause 50 Amendment of s 16 (Assessment of rent) 18
Section 16(1) and (2), `Aboriginal council or the Island 19
council'-- 20
omit, insert-- 21
`indigenous council'. 22
Clause 51 Amendment of s 17 (Payment of rent) 23
Section 17(1), `Aboriginal council or the Island council'-- 24
omit, insert-- 25
`indigenous council'. 26
s 52 53 s 56
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
Clause 52 Amendment of s 18 (Dealings with leases) 1
Section 18(4), `Aboriginal council or an Island council'-- 2
omit, insert-- 3
`indigenous council'. 4
Clause 53 Amendment of s 21 (Forfeiture upon default in rent) 5
(1) Section 21(1)(b), `Aboriginal council or the Island council'-- 6
omit, insert-- 7
`indigenous council'. 8
(2) Section 21(4), `Aboriginal council or an Island council'-- 9
omit, insert-- 10
`indigenous council'. 11
Clause 54 Amendment of s 22 (Action upon nonoccupation) 12
Section 22(1), `Aboriginal council or the Island council'-- 13
omit, insert-- 14
`indigenous council'. 15
Clause 55 Amendment of s 23 (Action upon nonutilisation) 16
Section 23(1), `Aboriginal council or the Island council'-- 17
omit, insert-- 18
`indigenous council'. 19
Clause 56 Amendment of s 25 (Procedure upon forfeiture) 20
Section 25(1)(a), `Aboriginal council or an Island council'-- 21
omit, insert-- 22
`indigenous council'. 23
s 57 54 s 60
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
Clause 57 Amendment of s 27 (Consequences of forfeiture) 1
Section 27(a), `Aboriginal council or an Island council'-- 2
omit, insert-- 3
`indigenous council'. 4
Clause 58 Amendment of s 28 (Appeal against classification of as 5
nonqualified person) 6
Section 28(1), `Aboriginal council or an Island council'-- 7
omit, insert-- 8
`indigenous council'. 9
Clause 59 Amendment of s 29 (Nomination of panels) 10
(1) Section 29(1), `Aboriginal council'-- 11
omit, insert-- 12
`indigenous council'. 13
(2) Section 29(1), `Aboriginal Communities (Justice and Land 14
Matters) Act 1984'-- 15
omit, insert-- 16
`Aboriginal and Torres Strait Islander Communities (Justice, 17
Land and Other Matters) Act 1984'. 18
(3) Section 29(2)-- 19
omit. 20
(4) Section 29(3), `Aboriginal council or an Island council'-- 21
omit, insert-- 22
`indigenous council'. 23
(5) Section 29(3), as amended-- 24
renumber as section 29(2). 25
Clause 60 Amendment of s 30 (Constitution of appeal tribunals) 26
Section 30(2), `Aboriginal council or Island council'-- 27
s 61 55 s 63
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
omit, insert-- 1
`indigenous council'. 2
Clause 61 Amendment of s 31 (Representations to council or 3
appeals tribunal) 4
Section 31, `Aboriginal council or an Island council'-- 5
omit, insert-- 6
`indigenous council'. 7
Clause 62 Amendment of s 32 (Land deemed part of trust area for 8
certain purposes) 9
(1) Section 32(1), `a council area'-- 10
omit, insert-- 11
`an indigenous council area'. 12
(2) Section 32(1)(c), `Community Services (Torres Strait) Act 13
1984'-- 14
omit, insert-- 15
`Aboriginal and Torres Strait Islander Communities (Justice, 16
Land and Other Matters) Act 1984'. 17
(3) Section 32(1), `Island council'-- 18
omit, insert-- 19
`indigenous council'. 20
Clause 63 Insertion of new s 32A 21
After section 32-- 22
insert-- 23
`32A Visiting justices 24
`The Governor in Council may appoint a justice to be a 25
visiting justice to 1 or more trust areas for the purposes of 26
sections 25 and 30.'. 27
s 64 56 s 67
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
Clause 64 Amendment of s 33B (Transitional) 1
Section 33B(2)(a), `Aboriginal council or Island council'-- 2
omit, insert-- 3
`indigenous council'. 4
Part 4 Amendment of Bail Act 1980 5
Clause 65 Act amended in pt 4 6
This part amends the Bail Act 1980. 7
Clause 66 Amendment of s 6 (Definitions) 8
Section 6, definition community justice group, paragraph (a), 9
`Aboriginal Communities (Justice and Land Matters) Act 10
1984, part 5, division 1, or the Community Services (Torres 11
Strait) Act 1984, part 5, division 1'-- 12
omit, insert-- 13
`Aboriginal and Torres Strait Islander Communities (Justice, 14
Land and Other Matters) Act 1984, part 4, division 1'. 15
Clause 67 Insertion of new ss 34C34E 16
After section 34B-- 17
insert-- 18
`34C Access to court files by representative of community 19
justice group in defendant's community 20
`(1) This section applies if a defendant is an Aboriginal or Torres 21
Strait Islander person. 22
`(2) A representative of the community justice group in the 23
defendant's community may inspect a court file, or a 24
document in a court file, or obtain a copy of information from 25
a court file or document, that may be relevant to making a 26
s 67 57 s 67
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
submission about the defendant under section 15(1)(f) or 1
16(2)(e). 2
`(3) However, subsection (2) applies only if the court directs that 3
the information be made available or given to the 4
representative. 5
`(4) The court may make the direction whether or not the 6
representative has made an application to the court for the 7
direction. 8
`(5) In deciding whether to direct that information be made 9
available or given to the representative, the court may have 10
regard to the following-- 11
(a) whether the representative would otherwise have access 12
to the information; 13
(b) whether the defendant consents to the information being 14
made available or given to the representative. 15
`(6) Subsection (5) does not limit the matters to which the court 16
may have regard. 17
`34D Confidentiality 18
`(1) A person who is a member of a community justice group must 19
not-- 20
(a) record or use information the person, or another person 21
who is a member of the community justice group, gains 22
through performing a function under this Act, or 23
intentionally disclose it to anyone, other than under 24
subsection (2); or 25
(b) recklessly disclose the information to anyone. 26
Maximum penalty--100 penalty units or 2 years 27
imprisonment. 28
`(2) A person who is a member of a community justice group 29
may-- 30
(a) record, use or disclose the information if the recording, 31
use or disclosure-- 32
(i) is done as part of making submissions to-- 33
s 67 58 s 67
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
(A) the court under section 15(1)(f); or 1
(B) the court or a police officer under section 2
16(2)(e); or 3
(ii) is otherwise required or permitted by law; or 4
(b) disclose the information to another member of the 5
community justice group. 6
`(3) In this section-- 7
disclose information to someone else means-- 8
(a) orally disclose the information to the other person; or 9
(b) produce to the other person, or give the other person 10
access to, a document containing the information; or 11
(c) disclose the information to the other person in another 12
way. 13
`34E Protection from liability 14
`(1) This section applies to a person who-- 15
(a) is a member of the community justice group in a 16
defendant's community; and 17
(b) is responsible for the making of a submission about the 18
defendant to-- 19
(i) a court under section 15(1)(f); or 20
(ii) a court or a police officer under section 16(2)(e). 21
`(2) For subsection (1)(b), it does not matter that the person did 22
not personally make the submission to the court or the police 23
officer. 24
`(3) The person is not civilly liable for an act done, or an omission 25
made, honestly and without negligence in relation to the 26
making of the submission.'. 27
s 68 59 s 69
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
Part 5 Amendment of Criminal Code 1
Clause 68 Act amended in pt 5 2
This part amends the Criminal Code. 3
Clause 69 Amendment of s 119B (Retaliation against judicial officer, 4
juror, witness or family) 5
(1) Section 119B, heading, `or family'-- 6
omit, insert-- 7
`etc'. 8
(2) Section 119B, after `witness', first mention-- 9
insert-- 10
`or member of a community justice group,'. 11
(3) Section 119B, `or witness', first mention-- 12
omit, insert-- 13
`, witness or member of a community justice group,'. 14
(4) Section 119B-- 15
insert-- 16
`(c) anything lawfully done by any member of the 17
community justice group a representative of which 18
makes a submission-- 19
(i) to a court or police officer under the Bail Act 1980 20
about a defendant who is an Aboriginal or Torres 21
Strait Islander person; or 22
(ii) to a court or police officer under the Juvenile 23
Justice Act 1992 about a child who is an 24
Aboriginal or Torres Strait Islander person; or 25
(iii) to a court under the Penalties and Sentences Act 26
1992 about an offender who is an Aboriginal or 27
Torres Strait Islander person.'. 28
(5) Section 119B-- 29
s 70 60 s 72
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
insert-- 1
`(2) In this section-- 2
community justice group means-- 3
(a) for a defendant under the Bail Act 1980--see the Bail 4
Act 1980, section 6; or 5
(b) for a child under the Juvenile Justice Act 1992--see the 6
Juvenile Justice Act 1992, schedule 4; or 7
(c) for an offender under the Penalties and Sentences Act 8
1992--see the Penalties and Sentences Act 1992, 9
section 4.'. 10
Clause 70 Amendment of s 552C (Constitution of Magistrates Court) 11
Section 552C(5)(a), `council area under the Community 12
Services (Torres Strait) Act 1984' -- 13
omit, insert-- 14
`a local government area of an indigenous regional council 15
under the Local Government Act 1993'. 16
Part 6 Amendment of Indigenous 17
Communities Liquor Licences 18
Act 2002 19
Clause 71 Act amended in pt 6 20
This part amends the Indigenous Communities Liquor 21
Licences Act 2002. 22
Clause 72 Amendment of schedule (Dictionary) 23
(1) Schedule, definitions community justice group and indigenous 24
council-- 25
omit. 26
s 73 61 s 74
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
(2) Schedule-- 1
insert-- 2
`community justice group means a community justice group 3
established under the Aboriginal and Torres Strait Islander 4
Communities (Justice, Land and Other Matters) Act 1984, 5
part 4. 6
indigenous council means-- 7
(a) a community government under the Local Government 8
(Community Government Areas) Act 2004; or 9
(b) the Council of the Shire of Aurukun; or 10
(c) the Council of the Shire of Mornington; or 11
(d) NPARC; or 12
(e) TSIRC. 13
NPARC means the Northern Peninsula Area Regional 14
Council. 15
TSIRC means the Torres Strait Island Regional Council.'. 16
Part 7 Amendment of Justices of the 17
Peace and Commissioners for 18
Declarations Act 1991 19
Clause 73 Act amended in pt 7 20
This part amends the Justices of the Peace and Commissioners 21
for Declarations Act 1991. 22
Clause 74 Amendment of s 35 (Prohibition on reward) 23
Section 35(2), definition reward, after `consideration'-- 24
insert-- 25
`but, for a justice of the peace (magistrates court), does not 26
include a daily sitting fee paid to the person for constituting a 27
s 75 62 s 77
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
court at a place at which a Magistrates Court may be 1
constituted, if the place is within a community area under the 2
Aboriginal and Torres Strait Islander Communities (Justice, 3
Land and Other Matters) Act 1984'. 4
Part 8 Amendment of Juvenile Justice 5
Act 1992 6
Clause 75 Act amended in pt 8 7
This part amends the Juvenile Justice Act 1992. 8
Clause 76 Amendment of s 285 (When does someone gain 9
information through involvement in the administration of 10
this Act) 11
(1) Section 285(1)(g)-- 12
renumber as paragraph (h). 13
(2) Section 285(1)-- 14
insert-- 15
`(g) a member of the community justice group in a child's 16
community;'. 17
Clause 77 Amendment of s 289 (Recording, use or disclosure for 18
authorised purpose) 19
(1) Section 289(c) to (h)-- 20
renumber as section 289(d) to (i). 21
(2) Section 289-- 22
insert-- 23
`(c) if the person is a member of the community justice 24
group in a child's community, as part of making 25
submissions about the child to-- 26
s 78 63 s 79
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
(i) a court or police officer under section 48(3)(da); or 1
(ii) a court under section 150(1)(g); or'. 2
Clause 78 Insertion of new s 289A 3
After section 289-- 4
insert-- 5
`289A Disclosure to another member of the community 6
justice group in a child's community 7
`(1) This section applies if the person is a member of the 8
community justice group in a child's community. 9
`(2) The person may disclose the information to another member 10
of the community justice group.'. 11
Clause 79 Insertion of new s 301A 12
Part 9, after section 301-- 13
insert-- 14
`301A Protection from liability 15
`(1) This section applies to a person who-- 16
(a) is a member of the community justice group in a child's 17
community; and 18
(b) is responsible for the making of a submission about the 19
child to-- 20
(i) a court or a police officer under section 48(3)(da); 21
or 22
(ii) a court under section 150(1)(g). 23
`(2) For subsection (1)(b), it does not matter that the person did 24
not personally make the submission to the court or the police 25
officer. 26
`(3) The person is not civilly liable for an act done, or an omission 27
made, honestly and without negligence in relation to the 28
making of the submission.'. 29
s 80 64 s 82
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
Clause 80 Amendment of sch 4 (Dictionary) 1
Schedule 4, definition community justice group, paragraph (a), 2
`Aboriginal Communities (Justice and Land Matters) Act 3
1984, part 5 or the Community Services (Torres Strait) Act 4
1984, part 5'-- 5
omit, insert-- 6
`Aboriginal and Torres Strait Islander Communities (Justice, 7
Land and Other Matters) Act 1984, part 4'. 8
Part 9 Amendment of Liquor Act 1992 9
Clause 81 Act amended in pt 9 10
This part amends the Liquor Act 1992. 11
Clause 82 Amendment of s 4 (Definitions) 12
(1) Section 4, definitions Aboriginal police officer, community 13
area and Island police officer-- 14
omit. 15
(2) Section 4 16
insert-- 17
`community area means a community area under the 18
Aboriginal and Torres Strait Islander Communities (Justice, 19
Land and Other Matters) Act 1984. 20
community police officer means a person who is-- 21
(a) appointed as a community police officer under the 22
Aboriginal and Torres Strait Islander Communities 23
(Justice, Land and Other Matters) Act 1984, or as an 24
Aboriginal police officer under the Local Government 25
(Aboriginal Lands) Act 1978, for a community area; and 26
(b) authorised under that Act to exercise the powers of an 27
investigator under part 7 of this Act for the 28
s 83 65 s 83
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
administration and enforcement of a prescribed 1
provision and sections 168B, 169 and 171 in the area. 2
indigenous regional council means an indigenous regional 3
council under the Local Government Act 1993.'. 4
(3) Section 4, definition community justice group, `Aboriginal 5
Communities (Justice and Land Matters) Act 1984, part 5 or 6
the Community Services (Torres Strait) Act 1984, part 5'-- 7
omit, insert-- 8
`Aboriginal and Torres Strait Islander Communities (Justice, 9
Land and Other Matters) Act 1984, part 4'. 10
(4) Section 4, definition Council, paragraph (b)-- 11
omit, insert-- 12
`(b) an indigenous regional council under the Local 13
Government Act 1993; or'. 14
(5) Section 4, definition investigator, paragraph (c)(ii), `an 15
Aboriginal police officer or Island police officer'-- 16
omit, insert-- 17
`a community police officer'. 18
(6) Section 4, definition prescribed provision, from `means--'-- 19
omit, insert-- 20
`means the Aboriginal and Torres Strait Islander 21
Communities (Justice, Land and Other Matters) Act 1984, 22
section 35.'. 23
Clause 83 Amendment of s 174A (Powers of Aboriginal and Island 24
police officers) 25
(1) Section 174A, heading, `Aboriginal and Island police 26
officers'-- 27
omit, insert-- 28
`community police officers'. 29
(2) Section 174A, `an Aboriginal police officer or Island police 30
officer'-- 31
s 84 66 s 85
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
omit, insert-- 1
`a community police officer'. 2
(3) Section 174A(3), examples, `An Aboriginal or Island police 3
officer'-- 4
omit, insert-- 5
`A community police officer'. 6
Clause 84 Amendment of s 176 (Entry and search--monitoring 7
compliance) 8
Section 176(2)(e), `Aboriginal Communities (Justice and 9
Land Matters) Act 1984, part 5, or the Community Services 10
(Torres Strait) Act 1984, part 6,'-- 11
omit, insert-- 12
`Aboriginal and Torres Strait Islander Communities (Justice, 13
Land and Other Matters) Act 1984, part 5'. 14
Clause 85 Amendment of s 187EB (Forfeiture of seized property to 15
prevent commission of particular offences--chief 16
executive) 17
Section 187EB(5)(b), from `place'-- 18
omit, insert-- 19
`place in-- 20
(i) if the community area is an IRC division area 21
under the Aboriginal and Torres Strait Islander 22
Communities (Justice, Land and Other Matters) 23
Act 1984--the IRC division area's office; or 24
(ii) otherwise--the Council's office for the area.'. 25
s 86 67 s 89
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
Part 10 Amendment of Local 1
Government (Aboriginal Lands) 2
Act 1978 3
Clause 86 Act amended in pt 10 4
This part amends the Local Government (Aboriginal Lands) 5
Act 1978. 6
Clause 87 Amendment of s 2 (Definitions) 7
Section 2, definition liquor provisions, paragraph (a)-- 8
omit, insert-- 9
`(a) the Aboriginal and Torres Strait Islander Communities 10
(Justice, Land and Other Matters) Act 1984, section 35;1 11
and'. 12
Clause 88 Amendment of s 14 (Composition of committees) 13
Section 14(1)(b), `Aboriginal Communities (Justice and Land 14
Matters) Act 1984'-- 15
omit, insert-- 16
`Aboriginal and Torres Strait Islander Communities (Justice, 17
Land and Other Matters) Act 1984'. 18
Clause 89 Amendment of s 17 (Functions of committees) 19
Section 17(e), `Aboriginal Communities (Justice and Land 20
Matters) Act 1984'-- 21
omit, insert-- 22
`Aboriginal and Torres Strait Islander Communities (Justice, 23
Land and Other Matters) Act 1984'. 24
1 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other
Matters) Act 1984, section 35 (Possession or consumption of alcohol in or on dry
place)
s 90 68 s 93
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
Clause 90 Insertion of new s 18A 1
Part 5-- 2
insert-- 3
`18A Application of pt 5 4
`This part, apart from section 32,2 applies only in relation to 5
that part of the local government area of the Shire of 6
Mornington that was the local government area of the Shire of 7
Mornington immediately before the day that, under the Local 8
Government Act 1993, part 1B, is the changeover day for the 9
adjusted local government area of Mornington.'. 10
Clause 91 Replacement of sch 1 hdg 11
Schedule 1, heading-- 12
omit, insert-- 13
`Schedule 1 Conditions and reservations'. 14
Part 11 Amendment of Local 15
Government Act 1993 16
Clause 92 Act amended in pt 11 17
This part amends the Local Government Act 1993. 18
Clause 93 Omission of ch 1, pt 6 (Application of Act to Torres Strait 19
Islander local governments) 20
Chapter 1, part 6-- 21
omit. 22
2 Section 32 (Appointment of chief executive officer of councils)
s 94 69 s 99
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
Clause 94 Amendment of s 18 (Declaration of classes of local 1
government areas) 2
Section 18(4), `3 classes of city, town and shire or to the'-- 3
omit. 4
Clause 95 Omission of s 40 (Application of part to Torres Strait 5
Islander local governments) 6
Section 40-- 7
omit. 8
Clause 96 Omission of s 56 (Application of part to Torres Strait 9
Islander local governments) 10
Section 56-- 11
omit. 12
Clause 97 Omission of ch 2A (Townsville-Thuringowa water supply 13
joint board) 14
Chapter 2A-- 15
omit. 16
Clause 98 Amendment of s 159YA (Application of pt 1B) 17
Section 159YA-- 18
insert-- 19
`(3) This part does not apply to a joint local government. 20
`(4) Subsection (3) does not prevent a reform implementation 21
regulation from making provision for joint local 22
governments.'. 23
Clause 99 Amendment of s 159YD (Definitions for pt 1B) 24
Section 159YD, definition transferring area C, `LGTA3'-- 25
s 100 70 s 102
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
omit, insert-- 1
`LGTA3, edition 2'. 2
Clause 100 Amendment of s 159YE (Changeover day) 3
Section 159YE(3), after `local government'-- 4
insert-- 5
`area'. 6
Clause 101 Insertion of new s 159YHA 7
Chapter 3, part 1B, division 2, subdivision 2-- 8
insert-- 9
`159YHA Particular entities go out of existence 10
`Each merging local government whose local government 11
area is totally abolished under this part goes out of existence 12
immediately the abolition of the local government area is 13
complete. 14
Examples-- 15
Calliope Shire Council goes out of existence on the changeover day for 16
the new local government area of Gladstone. Taroom Shire Council goes 17
out of existence on the changeover day for the adjusted local 18
government area of Banana or on the changeover day for the new local 19
government area of Dalby, whichever day is the later. 20
Note-- 21
This section does not apply to Ipswich City Council or Torres Shire 22
Council as their respective merging local government areas are not 23
totally abolished under this part.'. 24
Clause 102 Amendment of s 159ZB (Functions of interim chief 25
executive officer before changeover day) 26
Section 159ZB-- 27
insert-- 28
`(4) In addition to the functions of an interim chief executive 29
officer stated in subsections (1) and (2), the interim chief 30
executive officer for each of the new local governments of the 31
s 103 71 s 105
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
Northern Peninsula Area Regional Council and the Torres 1
Strait Island Regional Council must conduct the elections of 2
the members of the community forums for the new local 3
government.'. 4
Clause 103 Amendment of s 159ZH (Local government workforce 5
transition code of practice) 6
Section 159ZH-- 7
insert-- 8
`(6) A workforce transition code of practice, whether made before 9
or after the commencement of this subsection, is not 10
subordinate legislation, but is a statutory instrument.'. 11
Clause 104 Amendment of s 159ZK (Holding of 2008 quadrennial 12
elections) 13
Section 159ZK-- 14
insert-- 15
`(5) The exclusion, under the Local Government (Community 16
Government Areas) Act 2004, section 11(2), of the application 17
of chapter 5 to a community government area or the 18
community government for an area has no effect for the 2008 19
quadrennial elections.'. 20
Clause 105 Amendment of s 159ZM (Changed application of s 220 for 21
Northern Peninsula Area and Torres Strait Island 22
regional councils) 23
Section 159ZM, from `Council,'-- 24
omit, insert-- 25
`Council-- 26
(a) a person is qualified to become a councillor, other than 27
the mayor, of the Northern Peninsula Area Regional 28
Council only if the person lives in the particular division 29
for which the person is to be a candidate; and 30
s 106 72 s 106
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
(b) a person is qualified to become a councillor, including 1
the mayor, of the Torres Strait Island Regional Council 2
only if the requirements stated in part 1C, division 2 in 3
relation to the application of sections 220 and 254 are 4
complied with.'. 5
Clause 106 Insertion of new ch 3, pt 1C 6
Chapter 3-- 7
insert-- 8
`Part 1C Particular provisions for 9
implementation of reform 10
matters for indigenous regional 11
councils 12
`Division 1 Preliminary 13
`159ZZB Application of pt 1B definitions 14
`Words defined for part 1B have the same meaning in this 15
part. 16
`159ZZC Definitions for pt 1C 17
`In this part-- 18
NPARC means the new local government known as the 19
Northern Peninsula Area Regional Council. 20
TSIRC means the new local government known as the Torres 21
Strait Island Regional Council. 22
`Division 2 Torres Strait Island Regional 23
Council 24
s 106 73 s 106
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
`159ZZD Particular entities go out of existence 1
`(1) On the changeover day for the Torres Strait Island Region, 2
each relevant entity, as in existence immediately before the 3
changeover day, goes out of existence. 4
`(2) In this section-- 5
relevant entity means each Island council under the repealed 6
Torres Strait Act, other than the Island councils for the 7
following council areas under that Act-- 8
(a) Bamaga council area; 9
(b) Seisia council area. 10
`159ZZE TSIRC jurisdiction extends to Island custom 11
`In exercising the jurisdiction of local government under 12
section 25, TSIRC may take account of Island custom. 13
`159ZZF Changed application of ss 220 and 254 14
`(1) For applying section 220(1)3 to the local government area of 15
TSIRC, including for the 2008 quadrennial elections-- 16
(a) a person is qualified to become a councillor, other than 17
the mayor, of TSIRC only if-- 18
(i) the person is a Torres Strait Islander or an 19
Aborigine; and 20
(ii) the person, on the nomination day for the election, 21
has lived in the particular division for which the 22
person is to be a candidate for the 2 years 23
immediately preceding the nomination day; and 24
(b) a person is qualified to become the mayor of TSIRC 25
only if-- 26
(i) the person is a Torres Strait Islander or an 27
Aborigine; and 28
3 Section 220 (General qualifications for membership)
s 106 74 s 106
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
(ii) the person, on the nomination day for the election, 1
has lived in the local government area of TSIRC 2
for the 2 years immediately preceding the 3
nomination day. 4
`(2) For applying section 2544 to the local government area of 5
TSIRC, a person is qualified to be appointed as the mayor or 6
other councillor of TSIRC only if-- 7
(a) the person is a Torres Strait Islander or an Aborigine; 8
and 9
(b) on the day of the appointment, the person would be 10
qualified to be nominated for election if the day of the 11
appointment were the nomination day for an election. 12
`Division 3 Northern Peninsula Area Regional 13
Council 14
`159ZZG Particular entities go out of existence 15
`(1) On the changeover day for the Northern Peninsula Area 16
Region, each relevant entity, as in existence immediately 17
before the changeover day, goes out of existence. 18
`(2) In this section-- 19
relevant entity means-- 20
(a) each of the Island councils under the repealed Torres 21
Strait Act for the following council areas under that 22
Act-- 23
(i) Bamaga council area; 24
(ii) Seisia council area; and 25
(b) each of the community governments under the Local 26
Government (Community Government Areas) Act 2004 27
for the following community government areas under 28
that Act-- 29
(i) Injinoo; 30
4 Section 254 (Filling of later vacancies by appointment)
s 106 75 s 106
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
(ii) New Mapoon; 1
(iii) Umagico. 2
`159ZZH NPARC jurisdiction extends to Aboriginal tradition 3
and Island custom 4
`(1) In exercising the jurisdiction of local government under 5
section 25, NPARC may take account of -- 6
(a) in relation to the relevant Aboriginal areas--Aboriginal 7
tradition; and 8
(b) in relation to the relevant Torres Strait areas--Island 9
custom. 10
`(2) In this section-- 11
relevant Aboriginal area means each of the following 12
community government areas under the Local Government 13
(Community Government Areas) Act 2004, immediately 14
before the changeover day for NPARC-- 15
(a) Injinoo; 16
(b) New Mapoon; 17
(c) Umagico. 18
relevant Torres Strait area means the area that, immediately 19
before the changeover day for NPARC, was the Bamaga or 20
Seisia council area under the repealed Torres Strait Act. 21
`Division 4 Indigenous regional councils 22
generally 23
`Subdivision 1 Community forums 24
`159ZZI Function of community forum 25
`(1) A community forum established under this subdivision has 26
the function of advising its indigenous regional council about 27
the following-- 28
s 106 76 s 106
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
(a) planning, including land use planning; 1
(b) service delivery; 2
(c) culture. 3
`(2) An indigenous regional council must not establish any other 4
body to perform the functions of a community forum. 5
`159ZZJ Establishing community forums 6
`(1) The Minister must establish a group of persons (a community 7
forum) for each division into which the local government area 8
of an indigenous regional council is divided for electoral 9
purposes. 10
`(2) In deciding, subject to subsections (3) and (4), the name of 11
each community forum and its number of members, the 12
Minister must seek the advice of-- 13
(a) for the first community forum--the local transition 14
committee for the new local government area of the 15
indigenous regional council; or 16
(b) otherwise--the indigenous regional council. 17
`(3) Each community forum must have-- 18
(a) at least 3, but not more than 7, ordinary members; and 19
(b) a chairperson who is the councillor for the division for 20
which the community forum is established. 21
`(4) A community forum must be called `... (insert name of 22
division or other distinguishing title) ... Community Forum'. 23
`(5) Any processes in relation to establishing a community forum, 24
including electing ordinary members of the community forum 25
and filling casual vacancies, must be carried out in accordance 26
with a regulation. 27
`(6) The election of the ordinary members of a community forum 28
must be held at the time, provided for under a regulation, that 29
is at the same time as, or is as close as practicable to, the 30
quadrennial elections for the community forum's indigenous 31
regional council. 32
s 106 77 s 106
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
`(7) An ordinary member of a community forum holds office until 1
the completion of the next election of the ordinary members 2
of the forum that happens after the election at which the 3
ordinary member was elected. 4
`(8) Subject to the requirements of this section, including a 5
regulation under subsection (5), a community forum's 6
indigenous regional council must decide all matters necessary 7
for the operation of the forum. 8
`(9) The Minister must publish in the gazette the name of each 9
community forum and the names of its members. 10
`159ZZK Mayor or mayoral candidate ineligible for community 11
forum membership 12
`A person is not qualified to be elected as an ordinary member 13
of a community forum if the person is-- 14
(a) if the election for the ordinary members of the 15
community forum happens at the same time as an 16
election for the mayor of the community forum's 17
indigenous regional council--a candidate for election as 18
mayor of the council; or 19
(b) otherwise--the mayor of the community forum's 20
indigenous regional council. 21
`159ZZL Payment of expenses to ordinary members of 22
community forum 23
`(1) An ordinary member of a community forum is not entitled to 24
payment of any remuneration. 25
`(2) However, an indigenous regional council may authorise-- 26
(a) the payment to the ordinary members of a community 27
forum of the expenses incurred, or to be incurred, by the 28
members; or 29
(b) the provision of facilities to the ordinary members of a 30
community forum. 31
s 106 78 s 106
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
`159ZZM Community forum convenor 1
`(1) The indigenous regional council must, for each community 2
forum, appoint a qualified person as the convenor for the 3
community forum. 4
`(2) A councillor, including the mayor, of the indigenous regional 5
council can not be appointed as the convenor of a community 6
forum. 7
`(3) The same person may be appointed as convenor for 2 or more 8
community forums if the indigenous regional council is 9
satisfied the person can effectively exercise the convenor's 10
functions for the 2 or more community forums. 11
`(4) The convenor for a community forum-- 12
(a) may be appointed on a full time or part time basis; and 13
(b) may perform functions for the indigenous regional 14
council in addition to the convenor's functions as a 15
convenor. 16
`(5) The terms and conditions of appointment of the convenor are 17
decided by the indigenous regional council. 18
`(6) The person appointed as convenor for a community forum 19
must not also be an ordinary member or the chairperson of the 20
forum. 21
`(7) The convenor is otherwise taken to be a member of the forum, 22
but may not vote as a member at meetings of the forum. 23
`(8) In this section-- 24
qualified means having experience in the administration of 25
land. 26
`159ZZN Functions of community forum convenor 27
`The convenor for a community forum has the following 28
functions-- 29
(a) to facilitate the meetings of the community forum; 30
(b) to report the decisions of the forum to the indigenous 31
regional council; 32
s 106 79 s 106
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
(c) to provide necessary administrative support to the 1
community forum. 2
`159ZZO Meetings open to public 3
`(1) All meetings of a community forum, including of a 4
community forum constituted as a land panel under 5
subdivision 2, must be open to the public. 6
`(2) The convenor of the community forum must give public 7
notice, within the division for which the community forum is 8
established, of the time and date of each meeting at least 7 9
days before the meeting takes place. 10
`Subdivision 2 Management of community deeds 11
of grant in trust 12
`159ZZP Indigenous regional council as trustee of community 13
deed of grant in trust 14
`(1) An indigenous regional council, as the trustee of community 15
deeds of grant in trust, must separately constitute itself to 16
perform its functions as the trustee. 17
`(2) The trustee, must, to the greatest practicable extent, establish 18
formal arrangements for advising the indigenous regional 19
council, in its capacity as a local government, of matters 20
relating to trust land. 21
`(3) The indigenous regional council must establish arrangements 22
for the keeping of any trustee accounts, but the trustee must 23
otherwise keep separate records for all matters relating to 24
community deeds of grant in trust. 25
`(4) Meetings of the trustee must be convened and conducted as 26
separate meetings from meetings of the indigenous regional 27
council. 28
`(5) Subsections (2) to (4) do not limit subsection (1). 29
s 106 80 s 106
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
`159ZZQ Restrictions on exercise of indigenous regional 1
council's powers as trustee under Land Act 2
`(1) The requirements applying under this subdivision to the 3
trustee of a community deed of grant in trust are additional to 4
all requirements applying under the Land Act 1994 and any 5
other law. 6
Example of other law-- 7
Aboriginal and Torres Strait Islanders (Land Holding) Act 1985 8
`(2) However, the ability of the trustee to manage land the subject 9
of the deed of grant in trust under the Land Act 1994 or this 10
Act is not otherwise affected. 11
`(3) Nothing in this division is intended to affect the status that any 12
land has under the Aboriginal Land Act 1991 or the Torres 13
Strait Islander Land Act 1991. 14
`159ZZR Mayor does not vote at meetings of trustee 15
`(1) Meetings of the trustee of a community deed of grant in trust 16
are chaired by the mayor of the indigenous regional council 17
that is the trustee. 18
`(2) However the mayor is not entitled to a vote on any matter 19
arising at a meeting of the trustee, including on any trustee 20
decision. 21
`159ZZS Community forum constituted as land panel 22
`(1) A community forum must separately constitute itself as a land 23
panel in relation to any community deed of grant in trust 24
whose trust land is within the division for which the 25
community forum is established. 26
`(2) The land panel has the separate function of advising the 27
trustee of the community deed of grant in trust in relation to 28
all matters arising about trust land the subject of the deed of 29
grant in trust. 30
`(3) The chairperson of the community forum is also the 31
chairperson of the land panel. 32
s 106 81 s 106
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
`(4) The Minister may decide the name of the land panel, but a 1
land panel must be called `... (insert name of division or other 2
distinguishing title) ... Land Panel'. 3
`(5) In deciding, subject to subsection (4), the name of the land 4
panel, the Minister must seek the advice of the trustee. 5
`(6) Subject to the requirements of this section, the trustee must 6
decide all matters necessary for the operation of the land 7
panel. 8
`(7) The Minister must publish in the gazette the name of each 9
land panel and the names of its members. 10
`159ZZT Convenor for land panel 11
`The convenor for a community forum that is also a land panel 12
is also the convenor for the land panel. 13
`159ZZU Functions of convenor for land panel 14
`The convenor for a land panel has the following functions-- 15
(a) to the greatest practicable extent, to ensure the land 16
panel operates in an effective and efficient way; 17
(b) if asked by the trustee of the community deed of grant in 18
trust for which the land panel is constituted, to help the 19
trustee to manage the trustee's responsibilities-- 20
(i) under the Land Act 1994; and 21
(ii) under any other Act that applies to the trustee; 22
(c) to facilitate the meetings of the land panel; 23
(d) to report the decisions of the land panel to the trustee; 24
(e) to provide necessary administrative support to the land 25
panel; 26
(f) to facilitate the attendance of the local community at 27
meetings of the land panel; 28
(g) to communicate the trustee's views, information and 29
requests about land matters to the land panel, and the 30
s 106 82 s 106
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
land panel's views, information and requests about land 1
matters to the trustee; 2
(h) other functions decided by the trustee by resolution. 3
`159ZZV Trustee decisions 4
`Requirements stated under this subdivision apply to the 5
trustee of a community deed of grant in trust for any of the 6
following decisions (each a trustee decision) in relation to the 7
trust land under the deed of grant in trust-- 8
(a) any decision relating to the creation of an interest in the 9
trust land; 10
Example-- 11
a decision under the Land Act 1994 to lease the trust land, to 12
amend a trustee lease over the land, to approve the transfer, 13
mortgage or sublease of a trustee lease or to issue a trustee 14
permit 15
(b) any decision to establish an improvement on the trust 16
land; 17
(c) any other decision in relation to the trust land that the 18
trustee by resolution decides is a decision to which this 19
section applies. 20
`159ZZW Land panel participation in making of trustee decision 21
`(1) When a trustee decision is to be made in relation to a 22
community deed of grant in trust, the trustee must give written 23
notice of its intention to make the decision to the land panel 24
for the division that is the subject of the community deed of 25
grant in trust. 26
`(2) The written notice must give the land panel reasonably 27
sufficient information about the trustee decision to be made, 28
and reasonably sufficient time, to allow the land panel to form 29
a view on what the decision should be. 30
`(3) The land panel must within a reasonable time give written 31
notice to the trustee, advising the trustee of what the land 32
panel thinks the decision should be. 33
s 106 83 s 106
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
`(4) The convenor for the land panel must keep the trustee 1
informed of the progress of the land panel towards deciding 2
what to advise the trustee. 3
`(5) When the trustee makes the trustee decision, the trustee must 4
have regard to any advice received from the land panel. 5
`(6) Subsections (7) and (8) apply if-- 6
(a) the trustee makes its trustee decision; and 7
(b) the decision is not consistent with the advice received 8
from the land panel under this section. 9
`(7) The trustee must give the land panel written notice of the 10
reasons for its decision. 11
`(8) If the land panel advises the trustee, or gives advice to the 12
trustee to the effect, that it does not support the trustee's 13
decision, the trustee must take reasonable steps to make the 14
reasons publicly available. 15
`159ZZX Special requirements for absolute majority and for 16
agreement of councillor for relevant division 17
`(1) This section states 2 special requirements for an effective 18
trustee decision. 19
`(2) Firstly, to have effect, a trustee decision must have the 20
agreement of a majority of the councillors (other than the 21
mayor) of the indigenous regional council that is the trustee, 22
regardless of how many councillors take part in the meeting 23
that makes the decision. 24
Example-- 25
If the trustee is TSIRC, the number of votes needed would be 8, 26
regardless of how many attend the meeting. 27
`(3) Secondly, and subject to subsections (5) to (7), to have effect, 28
a trustee decision must have the agreement of the councillor 29
(the relevant councillor) for the division that is the subject of 30
the community deed of grant in trust. 31
`(4) For subsection (3), it does not matter whether the agreement 32
of the relevant councillor is given as part of the majority vote 33
s 106 84 s 106
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
of the trustee or is in some other way clearly communicated to 1
the trustee. 2
`(5) The trustee must take all reasonable steps to ensure that the 3
relevant councillor is able to vote on, or otherwise 4
communicate the councillor's agreement or disagreement 5
with, the trustee decision. 6
`(6) If, despite the trustee's reasonable steps under subsection (5), 7
the relevant councillor does not participate in the trustee 8
decision either by vote or by communication of agreement or 9
disagreement, the trustee-- 10
(a) may proceed to decide what the trustee decision is 11
proposed to be; and 12
(b) must advise the land panel of which the relevant 13
councillor is the chairperson of its proposed decision; 14
and 15
(c) must give the land panel a reasonable opportunity to 16
state its views on the proposed decision. 17
`(7) If the land panel does not advise its views to the trustee within 18
a reasonable time, the trustee may nevertheless proceed to 19
make the trustee decision. 20
`159ZZY Seeking advice and views other than about trustee 21
decision 22
`(1) The trustee of a community deed of grant in trust may, by 23
resolution, refer a matter, other than a trustee decision, about 24
land to a land panel to obtain its advice. 25
`(2) The trustee must allow the land panel a reasonable time to 26
provide its advice. 27
`159ZZZ Meetings of trustee to be open to the public unless 28
otherwise resolved 29
`(1) All meetings of the trustee of a community deed of grant in 30
trust must be open to the public unless the trustee has resolved 31
under this section that the meeting be closed to the public. 32
s 106 85 s 106
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
`(2) A trustee, may resolve that a meeting mentioned in subsection 1
(1) be closed to the public if the trustee considers it necessary 2
to close the meeting to discuss-- 3
(a) the appointment, dismissal or discipline of employees; 4
or 5
(b) industrial matters affecting employees; or 6
(c) the trustee's budget; or 7
(d) contracts proposed to be made by the trustee; or 8
(e) starting or defending legal proceedings involving the 9
trustee; or 10
(f) other business for which a public discussion would be 11
likely to prejudice the interests of the trustee or someone 12
else, or enable a person to gain a financial advantage. 13
`(3) A resolution that a meeting be closed must specify the nature 14
of the matters to be considered while the meeting is closed. 15
`(4) The trustee must not make a resolution (other than a 16
procedural resolution) in a closed meeting. 17
`159ZZZA Grouping of trust land not available 18
`The chief executive under the Land Act 1994 must not 19
approve the grouping of trust land under the Land Act 1994, 20
section 62, if any of the trust land is the subject of a 21
community deed of grant in trust. 22
`Subdivision 3 Other matters 23
`159ZZZB Extended jurisdiction 24
`For an indigenous regional council, the jurisdiction of local 25
government under section 255 includes to make local laws for, 26
and to otherwise ensure the promotion, maintenance and 27
regulation, in its local government area, of-- 28
5 Section 25 (Jurisdiction of local government)
s 106 86 s 106
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
(a) peace and order; and 1
(b) the delivery of services appropriate to the social needs 2
of its communities. 3
`159ZZZC Additional reasons for appointment of financial 4
controller 5
`Without limiting section 188B,6 the Minister may 6
recommend the Governor in Council act under section 7
188B(1) in relation to an indigenous regional council if the 8
Minister is satisfied on reasonable grounds that the indigenous 9
regional council-- 10
(a) has made a disbursement from a fund that is not 11
provided for in the indigenous regional council's 12
budget; or 13
(b) has made a disbursement from grant moneys for a 14
purpose other than the purpose for which the grant was 15
given; or 16
(c) has failed to implement adequate financial management 17
strategies for the funds under its control. 18
`159ZZZD Revocation or suspension of particular resolutions 19
or orders 20
`(1) This section applies to an indigenous regional council in 21
addition to section 188D.7 22
`(2) A financial controller for an indigenous regional council may, 23
by written notice to the indigenous regional council's chief 24
executive officer-- 25
(a) revoke, or suspend the operation of, a resolution of the 26
council or an order issued by the council to give effect to 27
a resolution; and 28
(b) end the suspension of the resolution or order. 29
6 Section 188B (Appointment of financial controller)
7 Section 188D (Power of financial controller to advise chief executive about
resolution or order)
s 106 87 s 106
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
`(3) However, the financial controller may revoke or suspend a 1
resolution or order under subsection (1) only if the financial 2
controller reasonably believes-- 3
(a) the resolution or order will result in unlawful 4
expenditure by the indigenous regional council; or 5
(b) the resolution or order will result in expenditure from 6
grant moneys for a purpose other than the purpose for 7
which the grant was given; or 8
(c) the resolution or order will cause the indigenous 9
regional council to become insolvent. 10
`(4) The notice must state the reasons for the revocation or 11
suspension. 12
`(5) The suspension may be for a stated period or indefinite. 13
`(6) A resolution or order that is revoked under this section-- 14
(a) ceases to have effect on the day stated in the notice to 15
the indigenous regional council's chief executive officer; 16
or 17
(b) if no day is stated--is taken never to have had effect. 18
`(7) A resolution or order of an indigenous regional council the 19
operation of which is suspended under this section does not 20
have effect while it is suspended. 21
`(8) Neither the State nor the financial controller is legally liable 22
for any loss or expense incurred by a person because of the 23
revocation or suspension of an indigenous regional council's 24
resolution or order under this section. 25
`159ZZZE Councillor to chair community forum 26
`(1) This section applies to a person who is a councillor of an 27
indigenous regional council in addition to section 229.8 28
`(2) The person must chair the community forum, and any land 29
panel, for the division for which the person is the councillor. 30
8 Section 229 (Councillors' role)
s 106 88 s 106
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
`159ZZZF Special accounting provision for particular payments 1
`(1) An indigenous regional council must keep separate 2
accounting records for payments made to it under the 3
Indigenous Communities Liquor Licences Act 2002, section 9. 4
`(2) The indigenous regional council must ensure the amounts 5
paid to it are used only for-- 6
(a) funding programs or services for the benefit of residents 7
of its local government area; or 8
(b) if an implementation regulation under the Indigenous 9
Communities Liquor Licences Act 2002, section 34, 10
states this paragraph applies--for making a payment 11
relating to the council's liabilities stated in the 12
regulation. 13
`159ZZZG Power of indigenous regional council to make and 14
levy charge on residents 15
`(1) An indigenous regional council may, by resolution, make and 16
levy a charge on residents of residential premises in its local 17
government area. 18
`(2) However, the indigenous regional council may exempt a 19
resident from payment of a charge under subsection (1). 20
`(3) Without limiting subsection (2), the indigenous regional 21
council may give an exemption if another amount is payable 22
to the indigenous regional council in relation to the premises. 23
`(4) This section does not limit section 973.9 24
`159ZZZH Limited application of ch 14 25
`Chapter 14 does not apply to an indigenous regional council, 26
or to the local government area of an indigenous regional 27
council, to the extent that its application relies on the 28
valuation of land under the Valuation of Land Act 1944. 29
9 Section 973 (Utility charges)
s 107 89 s 109
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
`159ZZZI Disposal of land 1
`(1) Chapter 6, part 3, division 3 does not apply to the disposal of
10
2
land, or an interest in land, the subject of a deed of grant in 3
trust of which an indigenous regional council is the trustee. 4
`(2) For applying section 492(1)(a)11 to any other land or interest 5
in land of an indigenous regional council, the exemption from 6
section 49112 is taken to include an exemption for the disposal 7
of the land or interest to persons whose restored enjoyment of 8
the land or interest would be consistent with Aboriginal 9
tradition or Island custom. 10
Note-- 11
Under transitional arrangements, chapter 6, part 3 applies to an 12
indigenous regional council only to the extent a regulation states that it 13
applies. See chapter 19, part 14.'. 14
Clause 107 Amendment of s 188B (Appointment of financial 15
controller) 16
Section 188B(1), `by regulation'-- 17
omit, insert-- 18
`by gazette notice'. 19
Clause 108 Omission of s 190 (Application of part to Torres Strait 20
Islander local governments) 21
Section 190-- 22
omit. 23
Clause 109 Amendment of s 191 (Local Government Grants 24
Commission and its members) 25
Section 191(3)(b)(ii)-- 26
omit, insert-- 27
10 Chapter 6 (General operation of local governments), part 3 (Contracts and related
activities), division 3 (Procedural contracting model)
11 Section 492 (Exemptions)
12 Section 491 (When tenders or auctions are required)
s 110 90 s 111
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
`(ii) local government in relation to local government 1
areas of indigenous regional councils; and'. 2
Clause 110 Amendment of s 242 (Requirements of councillors before 3
acting in office) 4
Section 242(4A), `City/'-- 5
omit, insert-- 6
`Region/City/'. 7
Clause 111 Amendment of s 250AK (Deciding remuneration) 8
(1) Section 250AK(1)(a), `mayor'-- 9
omit, insert-- 10
`mayor or deputy mayor'. 11
(2) Section 250AK(1)(b), `to'-- 12
omit. 13
(3) Section 250AK(1)-- 14
insert-- 15
`(c) a deputy mayor of a local government in the category.' 16
(4) Section 250AK-- 17
insert-- 18
`(2A) Also, the remuneration decided under subsection (1) must not 19
include any contribution a local government makes for a 20
councillor of the local government to a voluntary 21
superannuation scheme for councillors established or taken 22
part in by the local government under section 238.'. 23
(5) Section 250AK-- 24
insert-- 25
`(5) Remuneration decided under subsection (1) may include, or 26
may separately provide for, remuneration for the duties a 27
councillor may be required to perform if the councillor is 28
appointed to a committee, or as chairperson of a committee, 29
under section 452.'. 30
s 112 91 s 114
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
Clause 112 Amendment of s 250AN (Conduct of inquiries) 1
(1) Section 250AN(3), `into a particular matter'-- 2
omit. 3
(2) Section 250AN(3)(a), `on the matter'-- 4
omit. 5
(3) Section 250AN(4), `about the matter'-- 6
omit, insert-- 7
`for the purpose of performing its functions under this Act'. 8
Clause 113 Amendment of s 250B (Definitions for pt 3A) 9
Section 250B-- 10
insert-- 11
`special committee, of a local government, includes, in 12
relation to an indigenous regional council, a community 13
forum or a land panel of the indigenous regional council.'. 14
Clause 114 Insertion of new s 284AA 15
After section 284-- 16
insert-- 17
`284AA Non-application of part to indigenous regional 18
councils 19
`(1) This part does not apply to an indigenous regional council. 20
`(2) For any election of a councillor of an indigenous regional 21
council after the 2008 quadrennial elections, the following 22
matters must be provided for under a regulation-- 23
(a) whether the council's local government area is divided; 24
(b) if the area is divided-- 25
(i) what the divisions are; and 26
(ii) the number of councillors assigned to each 27
division.'. 28
s 115 92 s 120
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
Clause 115 Amendment of s 318 (Direction that poll be conducted by 1
postal ballot) 2
Section 318(1), after `rural sector,'-- 3
insert-- 4
`large remote areas or extensive island areas,'. 5
Clause 116 Amendment of s 346A (Distribution of ballot papers to 6
certain electors who may cast declaration vote) 7
Section 346A(2)(d), `City,'-- 8
omit, insert-- 9
`Region, City,'. 10
Clause 117 Amendment of s 347 (Distribution of ballot papers to 11
other electors who may or must cast declaration vote) 12
Section 347(6), `City,'-- 13
omit, insert-- 14
`Region, City,'. 15
Clause 118 Amendment of s 349 (Distribution of ballot papers to 16
electors for postal ballot election) 17
Section 349(4), `City,'-- 18
omit, insert-- 19
`Region, City,'. 20
Clause 119 Amendment of s 444 (Other meetings) 21
Section 444(2)(a), `for a city or town'-- 22
omit, insert-- 23
`for a region, city or town'. 24
Clause 120 Amendment of s 450 (Notice of meetings) 25
Section 450-- 26
s 121 93 s 124
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
insert-- 1
`(4) For an indigenous regional council, the 2 days mentioned in 2
subsection (1) must be taken to be 4 days.'. 3
Clause 121 Omission of s 465 (Public notice of resolution 4
authorising remuneration etc.) 5
Section 465-- 6
omit. 7
Clause 122 Amendment of s 472 (Delegation by local government) 8
Section 472-- 9
insert-- 10
`(10) An indigenous regional council can not under this section 11
delegate powers to a community forum of the council.'. 12
Clause 123 Insertion of new s 493A 13
After section 493-- 14
insert-- 15
`493A Non-application of part to indigenous regional 16
councils 17
`This part does not apply to an indigenous regional council.'. 18
Clause 124 Insertion of new ch 6, pt 6 19
Chapter 6-- 20
insert-- 21
`Part 6 Miscellaneous 22
`501G Prohibition on loans to individuals 23
`A local government must not, whether directly or 24
indirectly-- 25
(a) make a loan to any individual; or 26
s 125 94 s 126
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
(b) give a guarantee or provide security in connection with a 1
loan made to any individual.'. 2
Clause 125 Omission of s 1193C (Application to Torres Strait Islander 3
local governments) 4
Section 1193C-- 5
omit. 6
Clause 126 Insertion of new ch 19, pt 14 7
Chapter 19-- 8
insert-- 9
`Part 14 Transitional provisions for 10
Local Government and Other 11
Legislation (Indigenous 12
Regional Councils) 13
Amendment Act 2007 14
`Division 1 Preliminary 15
`1277 Application of ch 3, pt 1B definitions 16
`Words defined for chapter 3, part 1B have the same meaning 17
in this part. 18
`1278 Definitions for pt 14 19
`In this part-- 20
changeover day for NPARC means the changeover day for 21
the new local government area of NPARC. 22
changeover day for TSIRC means the changeover day for the 23
new local government area of TSIRC. 24
NPARC means the new local government known as the 25
Northern Peninsula Area Regional Council. 26
s 126 95 s 126
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
TSIRC means the new local government known as the Torres 1
Strait Island Regional Council. 2
`Division 2 Torres Strait Island Regional 3
Council 4
`1279 Amounts loaned to individuals 5
`(1) On the changeover day for TSIRC-- 6
(a) any adopted lending policy of a relevant Island council 7
under the relevant provision ceases to have effect; and 8
(b) all amounts payable, or that would have become 9
payable, to a relevant Island council because of a loan 10
made to a person under the relevant provision become 11
payable to TSIRC. 12
`(2) In this section-- 13
relevant Island council means each of the Island councils 14
under the repealed Torres Strait Act, as in existence 15
immediately before the changeover day for TSIRC, other than 16
the Island councils for the following council areas under that 17
Act-- 18
(a) Bamaga council area; 19
(b) Seisia council area. 20
relevant provision means the repealed Torres Strait Act, 21
section 46, as in force before the changeover day for TSIRC. 22
`1280 Delayed application of ch 7 to TSIRC 23
`(1) Until 1 July 2009, chapter 7, including the Local Government 24
Finance Standards, applies to TSIRC only to the extent a 25
regulation states that it applies. 26
`(2) A regulation-- 27
(a) may provide for the application to TSIRC of particular 28
provisions of chapter 7, including particular provisions 29
s 126 96 s 126
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
of the Local Government Finance Standards, to 1
commence at different times; and 2
(b) until chapter 7, including the Local Government 3
Finance Standards, applies in full to TSIRC, may 4
provide for either or both of the following-- 5
(i) the application of stated provisions of the repealed 6
Torres Strait Act, part 4, division 2 to TSIRC as if 7
the provisions had not been repealed; 8
(ii) the application of particular requirements stated in 9
the regulation. 10
`(3) This section does not limit the matters that may be provided 11
for, in relation to the application of chapter 7, in a reform 12
implementation regulation applying to any existing, adjusted 13
or new local government, including TSIRC. 14
`1281 TSIRC becomes trustee for deeds of grant in trust 15
for particular Island council areas 16
`(1) On the changeover day for TSIRC, TSIRC becomes the 17
trustee of each community deed of grant in trust in place of 18
the Island council that was the trustee immediately before the 19
changeover day. 20
`(2) Subsection (1) has effect despite any provision of the Land 21
Act 1994 that would otherwise apply in relation to the 22
changing of the trustee of a deed of grant in trust. 23
`(3) However, the relevant chief executive may take all necessary 24
action to ensure the registers kept by the relevant chief 25
executive under the Land Act 1994 are changed to reflect the 26
changing of the trustee. 27
`(4) The change of the trustee of a community deed of grant in 28
trust does not affect any interest in the land the subject of the 29
deed of grant in trust in existence immediately before the 30
changeover day for TSIRC. 31
`(5) In this section-- 32
community deed of grant in trust means a deed of grant in 33
trust under the Land Act 1994 of which, immediately before 34
s 126 97 s 126
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
the changeover day for TSIRC, a relevant Island council under 1
the repealed Torres Strait Act was the trustee. 2
Island council means an Island council under the repealed 3
Torres Strait Act. 4
relevant chief executive means the chief executive under the 5
Land Act 1994. 6
relevant Island council means an Island council other than 7
the Island councils for the following council areas under the 8
repealed Torres Strait Act-- 9
(a) Bamaga council area; 10
(b) Seisia council area. 11
`1282 Local laws and subordinate local laws for local 12
government area of TSIRC 13
`(1) From the changeover day for TSIRC, a by-law of a relevant 14
Island council as in force immediately before the changeover 15
day-- 16
(a) continues in force; and 17
(b) is taken to be a local law of TSIRC; and 18
(c) may be amended or repealed as a local law as provided 19
for under this Act; and 20
(d) subject to any amendment under this Act, applies only 21
to the area to which the by-law applied immediately 22
before changeover day. 23
`(2) From the changeover day for TSIRC, a subordinate by-law of 24
a relevant Island council as in force immediately before the 25
changeover day-- 26
(a) continues in force; and 27
(b) is taken to be a subordinate local law of TSIRC; and 28
(c) may be amended or repealed as a subordinate local law 29
as provided for under this Act; and 30
(d) subject to any amendment under this Act, applies only 31
to the area to which the subordinate by-law applied 32
immediately before changeover day. 33
s 126 98 s 126
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
`(3) In this section-- 1
relevant Island council means an Island council other than 2
the Island councils for the following council areas under the 3
repealed Torres Strait Act-- 4
(a) Bamaga council area; 5
(b) Seisia council area. 6
`1283 Continued application of rates and other charges 7
`(1) A rate or charge made and levied under the repealed Torres 8
Strait Act, section 50 (the relevant section), and in force 9
immediately before the changeover day for TSIRC, continues 10
in force after the changeover day in accordance with the terms 11
of its making and levying. 12
`(2) An exemption under the relevant section in force immediately 13
before the changeover day for TSIRC continues in force after 14
the changeover day in accordance with its terms. 15
`(3) Subsections (1) and (2) apply only to a rate or charge, or to an 16
exemption, having effect within an area that, from the 17
changeover day for TSIRC, is included in the new local 18
government area of Torres Strait Island. 19
`Division 3 Northern Peninsula Area Regional 20
Council 21
`1284 Amounts loaned to individuals 22
`(1) On the changeover day for NPARC-- 23
(a) any adopted lending policy of a relevant Island council 24
or relevant community government under a relevant 25
provision ceases to have effect; and 26
(b) all amounts payable, or that would have become 27
payable, to a relevant Island council or relevant 28
community government because of a loan made to a 29
person under the relevant provision become payable to 30
NPARC. 31
s 126 99 s 126
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
`(2) In this section-- 1
relevant community government means each of the 2
community governments under the Local Government 3
(Community Government Areas) Act 2004 for the following 4
community government areas under that Act, as in existence 5
immediately before the changeover day for NPARC-- 6
(a) Injinoo; 7
(b) New Mapoon; 8
(c) Umagico. 9
relevant Island council means each of the Island councils 10
under the repealed Torres Strait Act for the following council 11
areas under that Act, as in existence immediately before the 12
changeover day for NPARC-- 13
(a) Bamaga council area; 14
(b) Seisia council area. 15
relevant provision means-- 16
(a) the repealed Torres Strait Act, section 46, as in force 17
before the changeover day for NPARC; or 18
(b) the Local Government (Community Government Areas) 19
Act 2004, section 38, as in force before the changeover 20
day for NPARC. 21
`1285 Delayed application of ch 7 to NPARC 22
`(1) Until 1 July 2009, chapter 7, including the Local Government 23
Finance Standards, applies to NPARC only to the extent a 24
regulation states that it applies. 25
`(2) A regulation-- 26
(a) may provide for the application to NPARC of particular 27
provisions of chapter 7, including particular provisions 28
of the Local Government Finance Standards, to 29
commence at different times; and 30
(b) until chapter 7, including the Local Government 31
Finance Standards, applies in full to NPARC may 32
provide for any of the following-- 33
s 126 100 s 126
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
(i) the application of stated provisions of the repealed 1
Torres Strait Act, part 4, division 2 to NPARC as if 2
the provisions had not been repealed; 3
(ii) the continuing application of the Local 4
Government (Community Government Areas) Act 5
2004, part 4, division 2 to NPARC as if the 6
provisions still applied to part of NPARC's local 7
government area; 8
(iii) the application of particular requirements stated in 9
the regulation. 10
`(3) This section does not limit the matters that may be provided 11
for, in relation to the application of chapter 7, in a reform 12
implementation regulation applying to any existing, adjusted 13
or new local government, including NPARC. 14
`1286 NPARC becomes trustee for deeds of grant in trust 15
for particular Island council and community 16
government areas 17
`(1) On the changeover day for NPARC, NPARC becomes the 18
trustee of each community deed of grant in trust in place of 19
the relevant entity that was the trustee immediately before the 20
changeover day. 21
`(2) Subsection (1) has effect despite any provision of the Land 22
Act 1994 that would otherwise apply in relation to the 23
changing of the trustee of a deed of grant in trust. 24
`(3) However, the relevant chief executive may take all necessary 25
action to ensure the registers kept by the relevant chief 26
executive under the Land Act 1994 are changed to reflect the 27
changing of the trustee. 28
`(4) The change of the trustee of a community deed of grant in 29
trust does not affect any interest in the land the subject of the 30
deed of grant in trust in existence immediately before the 31
changeover day for NPARC. 32
`(5) In this section-- 33
community deed of grant in trust means a deed of grant in 34
trust under the Land Act 1994 of which, immediately before 35
s 126 101 s 126
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
the changeover day for NPARC, a relevant entity was the 1
trustee. 2
relevant chief executive means the chief executive under the 3
Land Act 1994. 4
relevant entity means-- 5
(a) each of the Island councils under the repealed Torres 6
Strait Act for the following council areas under that 7
Act-- 8
(i) Bamaga council area; 9
(ii) Seisia council area; and 10
(b) each of the community governments under the Local 11
Government (Community Government Areas) Act 2004 12
for the following community government areas under 13
that Act-- 14
(i) Injinoo; 15
(ii) New Mapoon; 16
(iii) Umagico. 17
`1287 Local laws and subordinate local laws for local 18
government area of NPARC 19
`(1) From the changeover day for NPARC, a by-law of a relevant 20
Island council as in force immediately before the changeover 21
day-- 22
(a) continues in force; and 23
(b) is taken to be a local law of NPARC; and 24
(c) may be amended or repealed as a local law as provided 25
for under this Act; and 26
(d) subject to any amendment under this Act, applies only 27
to the area to which the by-law applied immediately 28
before changeover day. 29
`(2) From the changeover day for NPARC, a subordinate by-law of 30
a relevant Island council as in force immediately before the 31
changeover day-- 32
s 126 102 s 126
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
(a) continues in force; and 1
(b) is taken to be a subordinate local law of NPARC; and 2
(c) may be amended or repealed as a subordinate local law 3
as provided for under this Act; and 4
(d) subject to any amendment under this Act, applies only 5
to the area to which the subordinate by-law applied 6
immediately before changeover day. 7
`(3) From the changeover day for NPARC, a local law of a relevant 8
community government as in force immediately before the 9
changeover day-- 10
(a) continues in force; and 11
(b) is taken to be a local law of NPARC; and 12
(c) may be amended or repealed as a local law as provided 13
for under this Act; and 14
(d) subject to any amendment under this Act, applies only 15
to the area to which the local law applied immediately 16
before changeover day. 17
`(4) From the changeover day for NPARC, a subordinate local law 18
of a relevant community government as in force immediately 19
before the changeover day-- 20
(a) continues in force; and 21
(b) is taken to be a subordinate local law of NPARC; and 22
(c) may be amended or repealed as a subordinate local law 23
as provided for under this Act; and 24
(d) subject to any amendment under this Act, applies only 25
to the area to which the subordinate local law applied 26
immediately before changeover day. 27
`(5) In this section-- 28
relevant community government means each of the 29
community governments under the Local Government 30
(Community Government Areas) Act 2004 for the following 31
community government areas under that Act-- 32
(a) Injinoo; 33
s 126 103 s 126
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
(b) New Mapoon; 1
(c) Umagico. 2
relevant Island council means each of the Island councils 3
under the repealed Torres Strait Act for the following council 4
areas under that Act-- 5
(a) Bamaga council area; 6
(b) Seisia council area. 7
`1288 Continued application of rates and other charges 8
under repealed Torres Strait Act 9
`(1) A rate or charge made and levied under the repealed Torres 10
Strait Act, section 50 (the relevant section), and in force 11
immediately before the changeover day for NPARC, 12
continues in force after the changeover day in accordance 13
with the terms of its making and levying. 14
`(2) An exemption under the relevant section in force immediately 15
before the changeover day for NPARC continues in force after 16
the changeover day in accordance with its terms. 17
`(3) Subsections (1) and (2) apply only to a rate or charge, or to an 18
exemption, having effect within an area that, from the 19
changeover day for NPARC, is included in the new local 20
government area of Northern Peninsula Area. 21
`1289 Continued application of charges under Community 22
Government Areas Act 23
`(1) A charge made and levied under the Local Government 24
(Community Government Areas) Act 2004, section 39 (the 25
relevant section), and in force immediately before the 26
changeover day for NPARC, continues in force after the 27
changeover day in accordance with the terms of its making 28
and levying. 29
`(2) An exemption under the relevant section in force immediately 30
before the changeover day for NPARC continues in force after 31
the changeover day in accordance with its terms. 32
s 126 104 s 126
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
`(3) Subsections (1) and (2) apply only to a charge, or to an 1
exemption, having effect within an area that, from the 2
changeover day for NPARC, is included in the new local 3
government area of Northern Peninsula Area. 4
`Division 4 Indigenous regional councils 5
generally 6
`1290 Delayed application of ch 6, pts 3 and 5 7
`Chapter 6, parts 3 and 513 apply to an indigenous regional 8
council only to the extent a regulation states that they apply. 9
`Division 5 Remuneration schedule 10
`1291 Remuneration schedule for 2008 11
`The remuneration schedule that applies for 2008 takes effect 12
on and from 15 March 2008. 13
`Division 6 Miscellaneous 14
`1292 Transitional provision for repeal of ch 2A 15
`(1) A regulation may provide for all matters necessary or 16
convenient for the repeal of chapter 2A. 17
`(2) The regulation may include provision for-- 18
(a) the dissolution of the Townsville-Thuringowa Water 19
Supply Joint Board; and 20
(b) the transfer of all matters coming within the jurisdiction 21
of the joint board to Townsville City Council; and 22
13 Chapter 6 (General operation of local governments), parts 3 (Contracts and related
activities) and 5 (General complaints process)
s 126 105 s 126
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
(c) the assumption by the council of all powers, assets and 1
liabilities, and the staff, of the joint board. 2
`1293 Special provisions for liquor licences and permits 3
`(1) This section applies if immediately before the changeover day 4
for a new or adjusted local government area, an existing local 5
government holds a licence or permit under the Liquor Act 6
1992. 7
`(2) Subsection (3) applies if, on the changeover day for the new 8
or adjusted local government area-- 9
(a) premises the subject of the licence or permit becomes 10
the premises of the local government for the new or 11
adjusted local government area; or 12
(b) otherwise--the circumstances of the licence or permit 13
are circumstances that would ordinarily be expected to 14
fall within the responsibilities of the local government 15
for the new or adjusted local government area. 16
`(3) From the changeover day for the new or adjusted local 17
government area-- 18
(a) the local government for the new or adjusted local 19
government area is taken to hold the licence or permit; 20
and 21
(b) the licence or permit is subject to the same conditions 22
that applied to the licence or permit immediately before 23
the changeover day for the new or adjusted local 24
government area. 25
`(4) A reform implementation regulation may, before or after the 26
changeover day for a new or adjusted local government area, 27
identify the new or adjusted local government as the successor 28
to a particular licence or permit mentioned in subsection (1), 29
if doubt arises as to which new or adjusted local government 30
is the successor under subsections (2) and (3). 31
`(5) A person who, under the Liquor Act 1992, is the nominee for a 32
licence or permit whose holder is changed under this section 33
continues to be the nominee for the licence or permit until the 34
nominee is changed under that Act.'. 35
s 127 106 s 128
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
Clause 127 Amendment of sch 1A (Local government reform 1
implementation) 2
(1) Schedule 1A, part 1, entries for Central Highlands and 3
Mackay, column 4, `divided'-- 4
omit, insert-- 5
`area not divided'. 6
(2) Schedule 1A, part 1, entry for Scenic Rim, column 3, `LGRB 7
7'-- 8
omit, insert-- 9
`LGRB 7 edition 2'. 10
(3) Schedule 1A, part 2, entry for Cook, column 4, `divided'-- 11
omit, insert-- 12
`area not divided'. 13
(4) Schedule 1A, part 2, entry for Ipswich, column 3, `LGRB 14
35'-- 15
omit, insert-- 16
`LGRB 35 edition 2'. 17
(5) Schedule 1A, part 3, entries for Boulia and Etheridge, column 18
4, `divided'-- 19
omit, insert-- 20
`area not divided'. 21
Clause 128 Amendment of sch 2 (Dictionary) 22
(1) Schedule 2, definition Torres Strait Islander local 23
government-- 24
omit. 25
(2) Schedule 2-- 26
insert-- 27
`community deed of grant in trust see sections 1281(5) and 28
1286(5). 29
community forum see section 159ZZJ. 30
s 129 107 s 131
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
indigenous regional council means the Torres Strait Island 1
Regional Council or the Northern Peninsula Area Regional 2
Council. 3
land panel means a community forum separately constituted 4
as a land panel under section 159ZZS. 5
repealed Torres Strait Act means the Community Services 6
(Torres Strait) Act 1984 as in force before its repeal under the 7
Local Government and Other Legislation (Indigenous 8
Regional Councils) Amendment Act 2007. 9
trustee decision see section 159ZZV. 10
trust land means land that is the subject of a community deed 11
of grant in trust.'. 12
Part 12 Amendment of Local 13
Government (Community 14
Government Areas) Act 2004 15
Clause 129 Act amended in pt 12 16
This part amends the Local Government (Community 17
Government Areas) Act 2004. 18
Clause 130 Omission of s 5 (Notes in text) 19
section 5-- 20
omit. 21
Clause 131 Amendment of pt 2 hdg (New local government areas and 22
local governments) 23
Part 2, heading, `New local government areas and local 24
governments'-- 25
omit, insert-- 26
`Community governments'. 27
s 132 108 s 135
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
Clause 132 Omission of pt 2, div 1 (Declaration of new local 1
government areas and establishment of new local 2
governments) 3
Part 2, division 1-- 4
omit. 5
Clause 133 Amendment of s 22 (Appointment of financial controller) 6
Section 22(1), `by regulation'-- 7
omit, insert-- 8
Clause 134 Omission of sch 2 (Declaration of new local government 9
areas) 10
Schedule 2-- 11
omit. 12
Clause 135 Amendment of sch 4 (Dictionary) 13
`(1) Schedule 4, definition community government area-- 14
omit. 15
`(2) Schedule 4-- 16
insert-- 17
`community government area means-- 18
(a) each of the following local government areas under the 19
Local Government Act 1993-- 20
· Cherbourg 21
· Doomadgee 22
· Hope Vale 23
· Kowanyama 24
· Lockhart River 25
· Mapoon 26
· Napranum 27
s 136 109 s 138
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
· Palm Island 1
· Pormpuraaw 2
· Woorabinda 3
· Wujal Wujal 4
· Yarrabah; or 5
(b) if the external boundaries of a local government area 6
mentioned in paragraph (a) are changed under the Local 7
Government Act 1993--the local government area, as 8
changed.'. 9
Part 13 Amendment of Penalties and 10
Sentences Act 1992 11
Clause 136 Act amended in pt 13 12
This part amends the Penalties and Sentences Act 1992. 13
Clause 137 Amendment of s 6 (Application to children and certain 14
courts) 15
Section 6(1)-- 16
omit. 17
Clause 138 Amendment of s 9 (Sentencing guidelines) 18
(1) Section 9(8), definition community justice group, paragraph 19
(a), `Aboriginal Communities (Justice and Land Matters) Act 20
1984, part 5, division 1, or the Community Services (Torres 21
Strait) Act 1984, part 5, division 1'-- 22
omit, insert-- 23
`Aboriginal and Torres Strait Islander Communities (Justice, 24
Land and Other Matters) Act 1984, part 4, division 1'. 25
s 139 110 s 139
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
(2) Section 9(8), definition community justice group, as amended 1
and definition offender's community-- 2
relocate to section 4. 3
(3) Section 9(8), as amended-- 4
omit. 5
Clause 139 Insertion of new ss 195B195D 6
After section 195A-- 7
insert-- 8
`195B Access to court files by representative of community 9
justice group in offender's community 10
`(1) This section applies if an offender is an Aboriginal or Torres 11
Strait Islander person. 12
`(2) A representative of the community justice group in the 13
offender's community may inspect a court file, or a document 14
in a court file, or obtain a copy of information from a court file 15
or document, that may be relevant to making a submission 16
about the offender under section 9(2)(o). 17
`(3) However, subsection (2) applies only if the court directs that 18
the information be made available or given to the 19
representative. 20
`(4) The court may make the direction whether or not the 21
representative has made an application to the court for the 22
direction. 23
`(5) In deciding whether to direct that information be made 24
available or given to the representative, the court may have 25
regard to the following-- 26
(a) whether the representative would otherwise have access 27
to the information; 28
(b) whether the offender consents to the information being 29
made available or given to the representative. 30
`(6) Subsection (5) does not limit the matters to which the court 31
may have regard. 32
s 139 111 s 139
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
`195C Confidentiality 1
`(1) A person who is a member of a community justice group must 2
not-- 3
(a) record or use information the person, or another person 4
who is a member of the community justice group, gains 5
through performing a function under this Act, or 6
intentionally disclose it to anyone, other than under 7
subsection (2); or 8
(b) recklessly disclose the information to anyone. 9
Maximum penalty--100 penalty units or 2 years 10
imprisonment. 11
`(2) A person who is a member of a community justice group 12
may-- 13
(a) record, use or disclose the information if the recording, 14
use or disclosure-- 15
(i) is done as part of making submissions to the court 16
under section 9(2)(o); or 17
(ii) is otherwise required or permitted by law; or 18
(b) disclose the information to another member of the 19
community justice group. 20
`(3) In this section-- 21
disclose information to someone else means-- 22
(a) orally disclose the information to the other person; or 23
(b) produce to the other person, or give the other person 24
access to, a document containing the information; or 25
(c) disclose the information to the other person in another 26
way. 27
`195D Protection from liability 28
`(1) This section applies to a person who-- 29
(a) is a member of the community justice group in an 30
offender's community; and 31
s 140 112 s 142
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
(b) is responsible for the making of a submission about the 1
offender to a court under section 9(2)(o). 2
`(2) For subsection (1)(b), it does not matter that the person did 3
not personally make the submission to the court. 4
`(3) The person is not civilly liable for an act done, or an omission 5
made, honestly and without negligence in relation to the 6
making of the submission.'. 7
Part 14 Amendment of Valuation of 8
Land Act 1944 9
Clause 140 Act amended in pt 14 10
This part amends the Valuation of Land Act 1944. 11
Clause 141 Amendment of s 2 (Definitions) 12
(1) Section 2-- 13
insert-- 14
`NPARC means the Northern Peninsula Area Regional 15
Council. 16
TSIRC means the Torres Strait Island Regional Council.'. 17
(2) Section 2, definition area, `or Torres Strait Islander local 18
government'-- 19
omit, insert-- 20
`or NPARC or TSIRC'. 21
Clause 142 Insertion of new pt 8, div 1A 22
Part 8-- 23
insert-- 24
s 142 113 s 142
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
`Division 1A Special arrangements for 1
implementation of local government 2
reform 3
`75K Definitions for div 1A 4
`In this division-- 5
adjusted local government area means an adjusted local 6
government area under the reform implementation provisions. 7
changeover day, for a new or adjusted local government area, 8
means the changeover day for the area under the reform 9
implementation provisions. 10
existing local government area means an existing local 11
government area under the reform implementation provisions. 12
new local government area means a new local government 13
area under the reform implementation provisions. 14
reform implementation provisions means the Local 15
Government Act 1993, chapter 3, part 1B. 16
`75L Continuation of valuation 17
`(1) The valuation of relevant land continues to be the valuation of 18
the land until a further valuation applies to the land. 19
`(2) Subsection (1) applies subject to an objection or appeal under 20
this Act about the valuation. 21
`(3) In this section-- 22
relevant land means land that-- 23
(a) forms part of an existing local government area; and 24
(b) on the changeover day for a new or adjusted local 25
government area, forms part of the new or adjusted local 26
government area. 27
s 143 114 s 143
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
`75M Valuation operations may be based on existing 1
local government boundaries 2
`(1) Until 31 August 2009, for all operational and administrative 3
purposes, this Act may be applied as if the local government 4
areas of Queensland continued to be those in existence on 27 5
July 2007. 6
`(2) Subsection (1) applies despite the changes to local 7
government areas that happen on the changeover day for any 8
new or adjusted local government area under the reform 9
implementation provisions. 10
`(3) Without limiting subsections (1) and (2), it may be assumed, 11
for the operational and administrative purposes, that the 12
reform implementation provisions were never enacted. 13
`75N Local governments for new or adjusted local 14
government areas 15
`(1) This section applies if, on or after the changeover day for a 16
new or adjusted local government area, the land the subject of 17
a valuation forms part of the new or adjusted local 18
government area. 19
`(2) If anything is required under this Act to be done by or given 20
to, or otherwise to involve, the local government in whose 21
local government area the land is situated, the thing may be 22
done by or given to, or may otherwise involve, the local 23
government for the new or adjusted local government area. 24
`(3) This section does not limit section 75M, but is intended to 25
facilitate its implementation.'. 26
Part 15 Amendment of Water Act 2000 27
Clause 143 Act amended in pt 15 28
This part amends the Water Act 2000. 29
s 144 115 s 146
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
Clause 144 Amendment of s 25A (Meaning of water supply 1
emergency) 2
Section 25A(3), definition essential water supply needs, 3
paragraph (c), `Calliope or Gladstone local government 4
areas'-- 5
omit, insert-- 6
`local government area of the Gladstone Regional Council'. 7
Clause 145 Amendment of s 341 (What is the SEQ region) 8
Section 341(1)(a)-- 9
omit, insert-- 10
`(a) the local government areas of the following local 11
governments-- 12
· Brisbane City Council 13
· Gold Coast City Council 14
· Ipswich City Council 15
· Lockyer Valley Regional Council 16
· Logan City Council 17
· Moreton Bay Regional Council 18
· Redland City Council 19
· Scenic Rim Regional Council 20
· Somerset Regional Council 21
· Sunshine Coast Regional Council; and'. 22
Clause 146 Amendment of s 599 (Composition of board for 23
Gladstone Area Water Board) 24
(1) Section 599(a)-- 25
omit, insert-- 26
`(a) 4 persons nominated by the Gladstone Regional 27
Council; and'. 28
(2) Section 599(b)-- 29
s 147 116 s 149
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
omit. 1
(3) Section 599(c)-- 2
renumber as section 599(b). 3
Clause 147 Amendment of s 1037A (Other continuing authorities) 4
Section 1037A(2), `An entity mentioned in subsection (1)(a) 5
or (b)'-- 6
omit, insert-- 7
`A local government mentioned in subsection (1)(a), or 8
Toowoomba Regional Council in relation to the Cooby Creek 9
Dam,'. 10
Clause 148 Amendment of s 1041 (Completed water allocation and 11
management plans) 12
Section 1041(2)(d)(ii), `Rockhampton City Council'-- 13
omit, insert-- 14
`Rockhampton Regional Council'. 15
Clause 149 Insertion of new ch 9, pt 5, div 10 16
Chapter 9, part 5-- 17
insert-- 18
`Division 10 Transitional provisions for Local 19
Government and Other Legislation 20
(Indigenous Regional Councils) 21
Amendment Act 2007 22
`1156 Definitions for div 10 23
`In this division-- 24
adjusted local government area means an adjusted local 25
government area under the reform implementation provisions. 26
s 149 117 s 149
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
changeover day, for a new or adjusted local government area, 1
means the changeover day for the area under the reform 2
implementation provisions. 3
existing local government means an existing local 4
government under the reform implementation provisions. 5
new local government area means a new local government 6
area under the reform implementation provisions. 7
reform implementation provisions means the Local 8
Government Act 1993, chapter 3, part 1B. 9
`1157 Particular new and adjusted local governments 10
taken to be service providers 11
`(1) This section applies in relation to an existing local 12
government's infrastructure for supplying a water or sewerage 13
service if-- 14
(a) the existing local government is the service provider for 15
the service; and 16
(b) after the changeover day for a new or adjusted local 17
government area, the infrastructure for supplying the 18
service is on land that forms part of the new or adjusted 19
local government area. 20
`(2) On and from the changeover day for the new or adjusted local 21
government area, the local government for the new or adjusted 22
local government area-- 23
(a) is taken to be the service provider for the service; and 24
(b) has, to the greatest practicable extent, the same 25
functions, powers and obligations of the existing local 26
government in relation to its operation as a service 27
provider for the service. 28
`1158 New and adjusted local governments must give 29
regulator service provider documents 30
`(1) The local government for a new or adjusted local government 31
area must prepare service provider documents for its area. 32
s 149 118 s 149
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
`(2) Each service provider document must be prepared in the way 1
required under this Act for the document. 2
`(3) The local government for a new or adjusted local government 3
area must give the regulator a copy of each of its service 4
provider documents-- 5
(a) for a service provider document other than a system 6
leakage management plan--within 1 year after the 7
changeover day for the new or adjusted local 8
government area; or 9
(b) for a system leakage management plan--within 2 years 10
after the changeover day for the new or adjusted local 11
government area; or 12
(c) if the regulator agrees that the local government may 13
give a service provider document on a later day--on the 14
later day. 15
`(4) In this section-- 16
service provider document means each of the following-- 17
(a) customer service standard; 18
(b) drought management plan; 19
(c) strategic asset management plan; 20
(d) system leakage management plan. 21
`1159 Amending the register of service providers 22
`(1) This section applies if there is a change relating to information 23
kept by the regulator under section 516 in the register of 24
service providers because of the changes to local government 25
areas that happen on the changeover day for a new or adjusted 26
local government area under the reform implementation 27
provisions. 28
`(2) The regulator must, as soon as practicable after the 29
changeover day for the new or adjusted local government 30
area, amend the register of service providers to reflect the 31
change. 32
s 149 119 s 149
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
`(3) The local government for the new or adjusted local 1
government area must give the regulator any information the 2
regulator requires for the purposes of amending the register 3
under subsection (2). 4
`1160 Declaration of service areas 5
`(1) This section applies if-- 6
(a) an existing local government has, under section 449, 7
declared-- 8
(i) all or part of its local government area to be a 9
service area; and 10
(ii) the service provider for the service area; and 11
(b) from the changeover day for a new or adjusted local 12
government area, the service area forms part of the new 13
or adjusted local government area. 14
`(2) On and from the changeover day for the new or adjusted local 15
government area-- 16
(a) the service area is taken to be a service area declared by 17
the local government for the new or adjusted local 18
government area; and 19
(b) the service provider for the service area is-- 20
(i) if the existing local government declared itself to 21
be the service provider for the area--the local 22
government for the new or adjusted local 23
government area; or 24
(ii) otherwise--the entity the existing local 25
government declared to be the service provider for 26
the service area.'. 27
s 150 120 s 152
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
Part 16 Repeals 1
Clause 150 Repeal of Community Services (Torres Strait) Act 1984 2
The Community Services (Torres Strait) Act 1984, No. 52 is 3
repealed. 4
Clause 151 Repeal of Nambour Library Act 1973 5
The Nambour Library Act 1973, No. 27 is repealed. 6
Part 17 Consequential and minor 7
amendments 8
Clause 152 Acts amended 9
The schedule amends the Acts mentioned in it. 10
121
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
Schedule Consequential and minor 1
amendments 2
section 152 3
Acts Interpretation Act 1954 4
1 Section 36, definition Torres Strait Islander local 5
government-- 6
omit. 7
2 Section 36, definition additional territorial unit, `Torres 8
Strait Islander or'-- 9
omit. 10
3 Section 36, definition area, paragraph (a), `Torres Strait 11
Islander or'-- 12
omit. 13
4 Section 36, definition basic territorial unit, `Torres Strait 14
Islander or'-- 15
omit. 16
5 Section 36, definition local government, paragraph (c)-- 17
omit. 18
6 Section 36, definition territorial unit, paragraph (a)-- 19
omit. 20
122
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
Schedule (continued)
7 Section 36, definition territorial unit, paragraphs (b) and 1
(c)-- 2
renumber as paragraphs (a) and (b). 3
Coastal Protection and Management Act 1995 4
1 Schedule, definition local government area-- 5
omit, insert-- 6
`local government area means the part of the State established as a 7
local government area under the Local Government Act 1993.'. 8
Domestic and Family Violence Protection Act 1989 9
1 Section 50(3), examples, item 4, `Torres Strait Islander 10
local government'-- 11
omit, insert-- 12
`indigenous regional council under the Local Government Act 13
1993'. 14
Electoral Act 1992 15
1 Section 152(2)(a)(v), `Community Services (Torres Strait) 16
Act 1984'-- 17
omit, insert-- 18
`Aboriginal and Torres Strait Islander Communities (Justice, Land 19
and Other Matters) Act 1984'. 20
123
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
Schedule (continued)
Financial Administration and Audit Act 1977 1
1 Schedule 3, definition appropriate Minister, paragraph (c), 2
`or the Community Services (Torres Strait) Act 1984'-- 3
omit. 4
Freedom of Information Act 1992 5
1 Section 7, definition responsible Minister, paragraph (c), 6
`or the Community Services (Torres Strait) Act 1984--the 7
Minister administering those Acts'-- 8
omit, insert-- 9
`--the Minister administering that Act'. 10
Housing Act 2003 11
1 Section 21(c) and (d)-- 12
omit. 13
2 Section 21(e)-- 14
renumber as section 21(c). 15
3 Schedule 3, definitions Island Coordinating Council and 16
Island council-- 17
omit. 18
124
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
Schedule (continued)
Integrated Planning Act 1997 1
1 Schedule 8, part 1, table 4, item 1A, paragraph (i), 2
subparagraphs (ii) and (iii)-- 3
omit, insert-- 4
`(ii) use under the Aboriginal and Torres Strait Islander 5
Communities (Justice, Land and Other Matters) Act 6
1984, section 62; or'. 7
2 Schedule 10, definition local government area-- 8
omit, insert-- 9
`local government area means a part of the State established as a 10
local government area under the Local Government Act 1993.'. 11
Judicial Review Act 1991 12
1 Schedule 1, part 1, `section 159X'-- 13
omit, insert-- 14
`sections 159X and 159YP'. 15
Local Government (Chinatown and The Valley Malls) 16
Act 1984 17
1 Section 6, `person--'-- 18
omit, insert-- 19
`a person must not do either of the following--'. 20
125
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
Schedule (continued)
2 Section 6, `shall not'-- 1
omit. 2
3 Section 8(2)(a), `;'-- 3
omit, insert-- 4
`; and'. 5
4 Section 15(1), `specify'-- 6
omit, insert-- 7
`state the following'. 8
5 Section 15(3)(a) and (b), `;'-- 9
omit, insert-- 10
`; and'. 11
6 Section 15(5), `council'-- 12
omit, insert-- 13
`council may'. 14
7 Section 15(5)(a) and (b), `may'-- 15
omit. 16
8 Section 15(5)(a), `;'-- 17
omit, insert-- 18
`; or'. 19
126
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
Schedule (continued)
9 Section 37, heading, `s 371A'-- 1
omit, insert-- 2
`ch 4, pt 4'. 3
10 Section 44(4), `section 44'-- 4
omit. 5
11 Schedule 4, definition rateable property, paragraph (a), `, 6
section 44'-- 7
omit. 8
Ombudsman Act 2001 9
1 Schedule 3, definition responsible Minister, paragraph 10
(c)-- 11
omit. 12
Police Powers and Responsibilities Act 2000 13
1 Section 53(1)(a)(ii) and (iii)-- 14
omit, insert-- 15
`(ii) Aboriginal and Torres Strait Islander Communities 16
(Justice, Land and Other Matters) Act 1984, section 35 17
or 45(c) or (d); and'. 18
127
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
Schedule (continued)
2 Section 60(6), definition liquor provision, paragraphs (b) 1
and (c)-- 2
omit, insert-- 3
`(b) the Aboriginal and Torres Strait Islander Communities 4
(Justice, Land and Other Matters) Act 1984, section 35 5
or 45.'. 6
3 Section 135(5), definition liquor provision, paragraphs (b) 7
and (c)-- 8
omit, insert-- 9
`(b) the Aboriginal and Torres Strait Islander Communities 10
(Justice, Land and Other Matters) Act 1984, section 35 11
or 45.'. 12
4 Section 587-- 13
omit, insert-- 14
`587 General powers and role of community police officers 15
`A community police officer may exercise powers under this 16
part only in the community government or IRC area for which 17
the officer is appointed under the Aboriginal and Torres Strait 18
Islander Communities (Justice, Land and Other Matters) Act 19
1984.'. 20
5 Schedule 1, `Aboriginal Communities (Justice and Land 21
Matters) Act 1984'-- 22
omit, insert-- 23
`Aboriginal and Torres Strait Islander Communities (Justice, Land 24
and Other Matters) Act 1984'. 25
6 Schedule 6, definitions aboriginal police officer and 26
island police officer-- 27
omit. 28
128
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
Schedule (continued)
7 Schedule 6-- 1
insert-- 2
`community police officer means a community police officer 3
under the Aboriginal and Torres Strait Islander Communities 4
(Justice, Land and Other Matters) Act 1984.'. 5
8 Schedule 6, definition police officer, paragraph (a), from 6
`part 3--'-- 7
omit, insert-- 8
`part 3--a community police officer; and'. 9
Prostitution Act 1999 10
1 Insertion of new pt 9, div 3 11
Part 9-- 12
insert-- 13
`Division 3 Transitional provision for Local 14
Government and Other Legislation 15
(Indigenous Regional Councils) 16
Amendment Act 2007 17
`150 Continuation of refusal of development applications 18
`(1) This section applies if-- 19
(a) after the changeover day for a new or adjusted local 20
government area, land forms part of the new or adjusted 21
local government area; and 22
(b) before the changeover day the assessment manager for a 23
development application for the land would have been 24
129
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
Schedule (continued)
required to refuse the development application under 1
section 64(c). 2
`(2) After the changeover day for the new or adjusted local 3
government area, all development applications for the land 4
must continue to be refused until-- 5
(a) the local government for the new or adjusted local 6
government area no longer requires that development 7
applications for the land be refused; or 8
(b) the Minister decides that the local government for the 9
new or adjusted local government area may approve 10
development applications for the land. 11
`(3) In this section-- 12
adjusted local government area means an adjusted local 13
government area under the reform implementation provisions. 14
changeover day, for a new or adjusted local government area, 15
means the changeover day for the area under the reform 16
implementation provisions. 17
new local government area means a new local government 18
area under the reform implementation provisions. 19
reform implementation provisions means the Local 20
Government Act 1993, chapter 3, part 1B.'. 21
Public Sector Ethics Act 1994 22
1 Schedule, definition local government legislation, 23
paragraph (a), `· Community Services (Torres Strait) Act 24
1984'-- 25
omit. 26
130
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
Schedule (continued)
Recreation Areas Management Act 2006 1
1 Schedule, definition relevant Aboriginal or Torres Strait 2
Islander entity, paragraph (d), `Aboriginal Communities 3
(Justice and Land Matters) Act 1984, section 174(1) or the 4
Community Services (Torres Strait) Act 1984, section 5
184(1)'-- 6
omit, insert-- 7
`Aboriginal and Torres Strait Islander Communities (Justice, Land 8
and Other Matters) Act 1984, section 61'. 9
Residential Tenancies Act 1994 10
1 Section 252(1)(a)(i), `an Island Council under the 11
Community Services (Torres Strait) Act 1984'-- 12
omit, insert-- 13
`an indigenous regional council under the Local Government Act 14
1993'. 15
Schools of Arts (Winding Up and Transfer) Act 1960 16
1 Sections 4, 5 and 6-- 17
omit. 18
2 Schedule-- 19
omit. 20
131
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
Schedule (continued)
Southern Moreton Bay Islands Development 1
Entitlements Protection Act 2004 2
1 Schedule, definition council-- 3
omit, insert-- 4
`council means-- 5
(a) in relation to any matter arising before the commencement of 6
this definition--the Redland Shire Council; or 7
(b) otherwise--the Redland City Council.'. 8
Torres Strait Islander Land Act 1991 9
1 Section 3, definition Torres Strait Island council-- 10
omit. 11
2 Section 3-- 12
insert-- 13
`NPARC means the Northern Peninsula Area Regional 14
Council. 15
repealed Torres Strait Act means the Community Services 16
(Torres Strait) Act 1984 as in force before its repeal under the 17
Local Government and Other Legislation (Indigenous 18
Regional Councils) Amendment Act 2007. 19
Torres Strait Island council means-- 20
(a) in relation to any area that, immediately before the day 21
that under the Local Government Act 1993 is the 22
changeover day for NPARC, was included in the 23
Bamaga or Seisia Council area under the repealed 24
Torres Strait Act--NPARC; or 25
132
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
Schedule (continued)
(b) in relation to any area included in the local government 1
area of TSIRC--TSIRC. 2
TSIRC means the Torres Strait Island Regional Council.'. 3
4
© State of Queensland 2007
AMENDMENTS TO BILL
1
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
Local Government and Other Legislation
(Indigenous Regional Councils)
Amendment Bill 2007
Amendments agreed to during Consideration
1 After clause 101--
At page 70, after line 24--
insert--
`101A Amendment of s 159YJ (Operation of sch 1A, pt 2)
`Section 159YJ(2)--
insert--
`(da) if the entry in schedule 1A, part 2, column 4 states
division numbers--
(i) its local government area is divided into divisions
that have the division boundaries shown in the area
map stated in schedule 1A, part 2, column 3; and
(ii) it has the number of councillors assigned to each
division as stated in the entry in schedule 1A, part
2, column 4;'.'.
2 Clause 106 (Insertion of new ch 3, pt 1C)--
At page 76, line 19, after `members'--
insert--
`, qualified as prescribed under a regulation'.
3 Clause 127 (Amendment of sch 1A (Local government
reform implementation))--
At page 106, line 10--
omit, insert--
`LGRB 7 edition 3'.
2
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
`(2A) Schedule 1A, part 1, entry for Scenic Rim, column 4,
`divided'--
omit, insert--
`division 1--1
division 2--1
division 3--1
division 4--1
division 5--1
division 6--1'.'.
4 Clause 127 (Amendment of sch 1A (Local government
reform implementation))--
At page 106, line 17--
omit, insert--
`LGRB 35 edition 3'.
`(4A) Schedule 1A, part 2, entry for Ipswich, column 4, `divided'--
omit, insert--
`division 1--1
division 2--1
division 3--1
division 4--1
division 5--1
division 6--1
division 7--1
division 8--1
division 9--1
division 10--1'.'.
5 Clause 133 (Amendment of s 22 (Appointment of financial
controller))--
At page 108, after line 8--
3
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
insert--
`by gazette notice'.'.
6 Before clause 134--
At page 108, before line 9--
insert--
`133A Omission of s 38 (Power of community government to
lend an amount to an adult resident)
`Section 38--
omit.
`133B Amendment of pt 8, div 2, hdg (Other transitional
provisions)
`Part 8, division 2, heading, `provisions'--
omit, insert--
`provisions for Local Government (Community
Government Areas) Act 2004'.
`133C Insertion of new pt 8, div 3
`Part 8--
insert--
`Division 3 Transitional provisions for Local
Government and Other Legislation
(Indigenous Regional Councils)
Amendment Act 2007
`85 Amounts loaned to individuals
`(1) On the commencement of this section--
(a) any adopted lending policy of a community government
under repealed section 38 ceases to have effect; and
4
Local Government and Other Legislation (Indigenous
Regional Councils) Amendment Bill 2007
(b) all amounts payable, or that would have become
payable, to the community government because of a
loan made to a person under the section become payable
to the community government.
`(2) This section does not apply to an adopted lending policy of, or
an amount payable to, a community government for any of the
following community government areas as in existence
immediately before the day that, under the Local Government
Act 1993, chapter 3, part 1B, is the changeover day for the
new local government area of Northern Peninsula Area--
(a) Injinoo;
(b) New Mapoon;
(c) Umagico.'.'.
[Index] [Search] [Download] [Related Items] [Help]