LOCAL GOVERNMENT BILL 1993

Queensland Bills

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This is a Bill, not an Act. For current law, see the Acts databases.

LOCAL GOVERNMENT BILL 1993

Queensland LOCAL GOVERNMENT BILL 1993

Queensland LOCAL GOVERNMENT BILL 1993 TABLE OF CONTENTS CHAPTER 1--PRELIMINARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 1--INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 2--OBJECTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 3--INTERPRETATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 4--APPLICATION OF ACT TO BRISBANE CITY COUNCIL . . . . . . PART 5--APPLICATION OF ACT TO JOINT LOCAL GOVERNMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 6--APPLICATION OF ACT TO ABORIGINAL AND TORRES STRAIT ISLAND LOCAL GOVERNMENTS . . . . . . . . . . . . . . . . . . CHAPTER 2--THE LOCAL GOVERNMENT SYSTEM . . . . . . . . . . . . . . . . . . . . . . . PART 1--LOCAL GOVERNMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 1--Local government areas . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 2--Roles of local governments . . . . . . . . . . . . . . . . . . . . . . . . Division 3--Jurisdiction of local government . . . . . . . . . . . . . . . . . . . . Division 4--Composition of local governments . . . . . . . . . . . . . . . . . . Division 5--Names, legal status and general powers of local governments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 6--Other provisions about local governments . . . . . . . . . . . . PART 2--JOINT LOCAL GOVERNMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 1--Extended application of Part . . . . . . . . . . . . . . . . . . . . . . . Division 2--Consultation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 3--Joint local government areas . . . . . . . . . . . . . . . . . . . . . . . Division 4--Establishment of joint local governments . . . . . . . . . . . . . Division 5--Jurisdiction of joint local governments . . . . . . . . . . . . . . . Division 6--Membership of joint local governments . . . . . . . . . . . . . . Division 7--Legal status and general powers of joint

2 Local Government local governments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 8--Other provisions about joint local governments . . . . . . . . PART 3--JOINT ACTION BY LOCAL GOVERNMENTS . . . . . . . . . . . . . . . Division 1--Extended application of Part . . . . . . . . . . . . . . . . . . . . . . . Division 2--Joint action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CHAPTER 3--INTERACTION WITH THE STATE . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 1--REVIEW OF LOCAL GOVERNMENT MATTERS . . . . . . . . . . . . Division 1--Preliminary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 2--The Local Government Commissioner . . . . . . . . . . . . . . . Subdivision A--Establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . Subdivision B--Functions of Commissioner . . . . . . . . . . . . . . . Subdivision C--References to Commissioner . . . . . . . . . . . . . . Division 3--Reports on Reviewable Local Government Matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Subdivision A--Report necessary before implementation . . . . Subdivision B--Making of reports by Commissioner . . . . . . . . Division 4--Inquiries by Commissioner . . . . . . . . . . . . . . . . . . . . . . . . . Subdivision A--General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Subdivision B--Conduct of inquiries . . . . . . . . . . . . . . . . . . . . . Division 5--Provisions about Commissioner and Deputy Commissioners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 6--General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 7--Implementing reviewable local government matters . . . . PART 2--INTERVENTION BY THE STATE . . . . . . . . . . . . . . . . . . . . . . . . . . Division 1--Powers of intervention . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 2--Inquiries, investigations and inspections . . . . . . . . . . . . . Division 3--Conduct of inquiries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 4--Administrators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 3--LOCAL GOVERNMENT GRANTS COMMISSION . . . . . . . . . . . . Division 1--Extended application of Part . . . . . . . . . . . . . . . . . . . . . . . Division 2--Commission membership . . . . . . . . . . . . . . . . . . . . . . . . . . Division 3--Role of Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 4--Recommendations, allocation and distribution . . . . . . . .

3 Local Government Division 5--Inquiries by Commission . . . . . . . . . . . . . . . . . . . . . . . . . . Subdivision A--General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Subdivision B--Conduct of inquiries . . . . . . . . . . . . . . . . . . . . . Division 6--Commission proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . Division 7--Miscellaneous . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CHAPTER 4--LOCAL GOVERNMENT COUNCILLORS . . . . . . . . . . . . . . . . . . . . . PART 1--MEMBERSHIP OF LOCAL GOVERNMENTS . . . . . . . . . . . . . . . . Division 1--Extended application of Part . . . . . . . . . . . . . . . . . . . . . . . Division 2--Qualifications and disqualifications . . . . . . . . . . . . . . . . . Division 3--Term of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 2--COUNCILLORS' ROLES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 1--Councillors' roles generally . . . . . . . . . . . . . . . . . . . . . . . . Division 2--Deputy mayor and acting mayor . . . . . . . . . . . . . . . . . . . . PART 3--ENTITLEMENTS AND OBLIGATIONS . . . . . . . . . . . . . . . . . . . . . Division 1--Entitlements of councillors and committee members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 2--Obligations of councillors . . . . . . . . . . . . . . . . . . . . . . . . . PART 4--VACANCIES IN MEMBERSHIP OF LOCAL GOVERNMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 5--MEMBERSHIP OF JOINT LOCAL GOVERNMENTS . . . . . . . . . . CHAPTER 5--LOCAL GOVERNMENT ELECTIONS . . . . . . . . . . . . . . . . . . . . . . . . PART 1--GENERAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 2--RETURNING OFFICERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 3--VOTERS ROLL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 4--VOTING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 5--DIVISION OF AREA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 6--CONDUCT OF ELECTIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 1--Preliminary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 2--Electoral officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 3--Candidates for election or appointment . . . . . . . . . . . . . . Division 4--Nominations of candidates for election . . . . . . . . . . . . . . Division 5--Ballots . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 6--Polling booths . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4 Local Government Division 7--Ballot boxes, papers and other documents . . . . . . . . . . . . Division 8--Scrutineers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 9--Voting generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 10--Declaration voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 11--Marking of ballot papers . . . . . . . . . . . . . . . . . . . . . . . . . Division 12--Replacement ballot papers . . . . . . . . . . . . . . . . . . . . . . . Division 13--Effect of ballot papers . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 14--Counting of votes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 15--Actions following poll . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 16--Enforcement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Subdivision A--Offences in general . . . . . . . . . . . . . . . . . . . . . . Subdivision B--Offences about electoral advertising and information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Subdivision C--Offences about voting . . . . . . . . . . . . . . . . . . . . Subdivision D--Injunctions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 7--FRESH ELECTIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CHAPTER 6--GENERAL OPERATION OF LOCAL GOVERNMENTS . . . . . . . . . . PART 1--PROCEEDINGS OF LOCAL GOVERNMENTS . . . . . . . . . . . . . . . Division 1--What meetings are held . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 2--Local government meetings . . . . . . . . . . . . . . . . . . . . . . . . Division 3--Committees and their meetings . . . . . . . . . . . . . . . . . . . . . Division 4--Meetings generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 5--Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 6--Miscellaneous . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 2--POLLS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 3--CONTRACTS AND TENDERING . . . . . . . . . . . . . . . . . . . . . . . . . . Division 1--Preliminary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 2--Purchasing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 3--Disposal of land or goods . . . . . . . . . . . . . . . . . . . . . . . . . . PART 4--ENTERPRISES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 1--Preliminary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 2--Enterprise powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 3--Safeguards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5 Local Government CHAPTER 7--FINANCIAL OPERATION AND ACCOUNTABILITY OF LOCAL GOVERNMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 1--LOCAL GOVERNMENT FINANCE STANDARDS . . . . . . . . . . . . PART 2--CORPORATE AND OPERATIONAL PLANS . . . . . . . . . . . . . . . . . PART 3--FUNDS AND ACCOUNTING PROCEDURES . . . . . . . . . . . . . . . . PART 4--BUDGET . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 5--BORROWING AND INVESTMENT . . . . . . . . . . . . . . . . . . . . . . . . PART 6--ACCOUNTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 7--AUDIT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 8--ANNUAL REPORT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 9--DUTIES ABOUT PROPERTY STOLEN OR UNACCOUNTED FOR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 10--JOINT LOCAL GOVERNMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . CHAPTER 8--LOCAL LAWS AND LOCAL LAW POLICIES . . . . . . . . . . . . . . . . . PART 1--PRELIMINARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 1--Object and application . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 2--Local laws and related concepts . . . . . . . . . . . . . . . . . . . . PART 2--MAKING LOCAL LAWS AND POLICIES . . . . . . . . . . . . . . . . . . . Division 1--Making model local laws . . . . . . . . . . . . . . . . . . . . . . . . . . Division 2--Making interim local laws . . . . . . . . . . . . . . . . . . . . . . . . . Division 3--Making other local laws . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 4--Making local law policies . . . . . . . . . . . . . . . . . . . . . . . . . PART 3--PUBLIC ACCESS TO LOCAL LAWS AND LOCAL LAW POLICIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 4--STATUS OF LOCAL LAWS AND LOCAL LAW POLICIES .................................................... CHAPTER 9--LOCAL GOVERNMENT INFRASTRUCTURE . . . . . . . . . . . . . . . . . PART 1--EXTENDED APPLICATION OF CHAPTER . . . . . . . . . . . . . . . . . . PART 2--ROADS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 1--Control of roads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 2--Realignment and widening of roads . . . . . . . . . . . . . . . . . Division 3--Opening and closure of roads . . . . . . . . . . . . . . . . . . . . . . . Division 4--Miscellaneous . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 3--MALLS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6 Local Government PART 4--MARINE AND AQUATIC MATTERS . . . . . . . . . . . . . . . . . . . . . . . PART 5--LOCAL GOVERNMENT CONTROL OVER LEVEE BANKS . . . . Division 1--Jurisdiction of Local Governments . . . . . . . . . . . . . . . . . . Division 2--Control of levee banks . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 3--Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 4--Effect of Part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 5--Expiry of Part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CHAPTER 10--RATES AND CHARGES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 1--GENERAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 1--Rateable land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 2--Averaging of valuations . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 2--MAKING AND LEVYING RATES AND CHARGES . . . . . . . . . . . PART 3--CATEGORISATION OF LAND FOR DIFFERENTIAL RATING .................................................... Division 1--Categorisation of land . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 2--Entry on land for categorisation . . . . . . . . . . . . . . . . . . . . . Division 3--Notice of categorisation . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 4--Objections and appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 5--Late categorisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 4--LAND RECORD OF LOCAL GOVERNMENT . . . . . . . . . . . . . . . . Division 1--Land record . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 2--Appeal against amendment of land record . . . . . . . . . . . . Division 3--Notices of change in ownership . . . . . . . . . . . . . . . . . . . . . PART 5--LEVYING AND PAYMENT OF RATES . . . . . . . . . . . . . . . . . . . . . Division 1--Levying of rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 2--Payment of rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 3--Overdue rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 4--Discounts and other benefits for prompt payment of rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 5--Changes to land that affect rates . . . . . . . . . . . . . . . . . . . . Subdivision A--General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Subdivision B--Changes affecting rates . . . . . . . . . . . . . . . . . . . PART 6--CONCESSIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7 Local Government PART 7--RECOVERY OF RATES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 1--Extended application of Part . . . . . . . . . . . . . . . . . . . . . . . Division 2--Recovery of overdue rates . . . . . . . . . . . . . . . . . . . . . . . . . Division 3--Sale of land for overdue rates . . . . . . . . . . . . . . . . . . . . . . Division 4--Acquisition by local government of valueless land . . . . . Division 5--Provisions about dealing with land under this Part . . . . . CHAPTER 11--PROVISIONS AIDING LOCAL GOVERNMENT . . . . . . . . . . . . . . . PART 1--EXTENDED APPLICATION OF CHAPTER . . . . . . . . . . . . . . . . . . PART 2--RIGHT TO TAKE MATERIALS . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 3--EXECUTION OF LOCAL GOVERNMENT ACTS . . . . . . . . . . . . . Division 1--Compliance with requirements of local government Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 2--Entry on land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 3--General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 4--INFRINGEMENT NOTICE OFFENCES . . . . . . . . . . . . . . . . . . . . . PART 5--LEGAL PROCESSES INVOLVING LOCAL GOVERNMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 6--EVIDENTIARY MATTERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 7--GENERAL ADMINISTRATIVE MATTERS . . . . . . . . . . . . . . . . . . CHAPTER 12--LOCAL GOVERNMENT STAFF . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 1--CORPORATE STRUCTURE AND STAFF RESOURCES . . . . . . PART 2--EMPLOYMENT OF STAFF AND PERSONNEL PRACTICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 3--CHIEF EXECUTIVE OFFICER AND OTHER EMPLOYEES . . . . PART 4--OBLIGATIONS OF LOCAL GOVERNMENT EMPLOYEES . . . . PART 5--DISCIPLINARY ACTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 6--APPEALS ABOUT DISCIPLINARY ACTION . . . . . . . . . . . . . . . . CHAPTER 13--GENERAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 1--LOCAL GOVERNMENT ASSOCIATION . . . . . . . . . . . . . . . . . . . . PART 2--MISCELLANEOUS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CHAPTER 14--TRANSITIONAL AND SAVINGS PROVISIONS, REPEALS AND AMENDMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 1--TRANSITIONAL AND SAVINGS PROVISIONS . . . . . . . . . . . . . . Division 1--Preliminary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8 Local Government Division 2--The local government system . . . . . . . . . . . . . . . . . . . . . . Division 3--Interaction with the State . . . . . . . . . . . . . . . . . . . . . . . . . . Subdivision A--Review of local government matters . . . . . . . . Subdivision B--Local Government Grants Commission . . . . . . Subdivision C--Expiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 4--Local government councillors . . . . . . . . . . . . . . . . . . . . . . Division 5--Local government elections . . . . . . . . . . . . . . . . . . . . . . . . Division 6--Financial operation and accountability . . . . . . . . . . . . . . Division 7--Local laws and local law policies . . . . . . . . . . . . . . . . . . . Division 8--Local government infrastructure . . . . . . . . . . . . . . . . . . . . Division 9--Rates and charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 10--Provisions aiding the local government . . . . . . . . . . . . . Division 11--Local government staff . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 2--REPEALS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 3--AMENDMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SCHEDULE ....................................................

9 Local Government TABLE OF PROVISIONS Section Page CHAPTER 1--PRELIMINARY PART 1--INTRODUCTION 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 PART 2--OBJECTS 3 Objects of this Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 PART 3--INTERPRETATION 4 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 5 Meaning of "owner" of land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 6 Meaning of "conclusion" of local government election . . . . . . . . . . . . . . . . 51 7 Meaning of "material personal interest" . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 8 Meaning of "open to inspection" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 PART 4--APPLICATION OF ACT TO BRISBANE CITY COUNCIL 9 Act applies only so far as expressly provided . . . . . . . . . . . . . . . . . . . . . . . . 54 10 How Act applies to Brisbane City Council . . . . . . . . . . . . . . . . . . . . . . . . . . 56 PART 5--APPLICATION OF ACT TO JOINT LOCAL GOVERNMENTS 11 Act applies except so far as application displaced . . . . . . . . . . . . . . . . . . . . 56 12 How Act applies to joint local governments . . . . . . . . . . . . . . . . . . . . . . . . . 57 PART 6--APPLICATION OF ACT TO ABORIGINAL AND TORRES STRAIT ISLAND LOCAL GOVERNMENTS 13 Act applies only so far as expressly provided . . . . . . . . . . . . . . . . . . . . . . . . 58 14 How Act applies to Aboriginal and Torres Strait Island local governments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 CHAPTER 2--THE LOCAL GOVERNMENT SYSTEM PART 1--LOCAL GOVERNMENTS Division 1--Local government areas 15 Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 16 Declaration of areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 17 Local government required for each area . . . . . . . . . . . . . . . . . . . . . . . . . . . 59

10 Local Government 18 Declaration of classes of areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 Division 2--Roles of local governments 19 Application to Brisbane City Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 20 Roles of local government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 Division 3--Jurisdiction of local government 21 Application to Brisbane City Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 22 Exercise of jurisdiction for its area--the "basic territorial unit" . . . . . . . . . 61 23 Exercise of jurisdiction outside its area--the "additional territorial units" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 24 Territorial unit of local government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 25 Jurisdiction of local government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 26 Law-making matters included in jurisdiction of local government . . . . . . . 61 27 Limitation on exercise of jurisdiction for basic territorial unit . . . . . . . . . . 62 28 Limitation on exercise of jurisdiction for additional territorial units . . . . . . 62 29 Local laws apply to additional territorial units only if expressly applied . . 62 30 General limitations on exercise of jurisdiction . . . . . . . . . . . . . . . . . . . . . . . 62 31 Inconsistency with State law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 Division 4--Composition of local governments 32 Membership of local governments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 33 Number of councillors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 Division 5--Names, legal status and general powers of local governments 34 Local government name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 35 Local governments are bodies corporate etc. . . . . . . . . . . . . . . . . . . . . . . . . 63 36 General powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 Division 6--Other provisions about local governments 37 Site of public office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 38 Local government's seal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 PART 2--JOINT LOCAL GOVERNMENTS Division 1--Extended application of Part 39 Application to Brisbane City Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 40 Application to Aboriginal and Torres Strait Island local governments . . . . 65 Division 2--Consultation

11 Local Government 41 Consultation before exercise of powers under Part . . . . . . . . . . . . . . . . . . . . 65 Division 3--Joint local government areas 42 Declaration of joint areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 Division 4--Establishment of joint local governments 43 Establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 44 Matters about establishment etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 Division 5--Jurisdiction of joint local governments 45 Jurisdiction generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 46 Jurisdiction exclusive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 Division 6--Membership of joint local governments 47 Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 48 Number of representatives etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 Division 7--Legal status and general powers of joint local governments 49 Joint legal governments are bodies corporate etc. . . . . . . . . . . . . . . . . . . . . 67 50 General powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 51 Restriction on power to make or levy rate . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 52 Delegation to component local governments . . . . . . . . . . . . . . . . . . . . . . . . 68 Division 8--Other provisions about joint local governments 53 Joint local government's seal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 54 Adjustments between joint local government and component local governments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 PART 3--JOINT ACTION BY LOCAL GOVERNMENTS Division 1--Extended application of Part 55 Application to Brisbane City Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 56 Application to Aboriginal and Torres Strait Island local governments . . . . 69 Division 2--Joint action 57 Joint responsibility for boundary works . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 58 Extension of operations outside area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 59 Cooperation between local governments . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 60 Interstate cooperation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 CHAPTER 3--INTERACTION WITH THE STATE

12 Local Government PART 1--REVIEW OF LOCAL GOVERNMENT MATTERS Division 1--Preliminary 61 Application to Brisbane City Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 62 Local government does not include joint local government in Part . . . . . . 71 63 Types of local government matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 64 Meaning of "reviewable local government matter" . . . . . . . . . . . . . . . . . . . 72 65 Meaning of "referable local government matter" . . . . . . . . . . . . . . . . . . . . . 73 Division 2--The Local Government Commissioner Subdivision A--Establishment 66 Local Government Commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 Subdivision B--Functions of Commissioner 67 Reviewable local government matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 68 Referable local government matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 Subdivision C--References to Commissioner 69 Minister may refer matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 70 Examples of permissible references . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 71 References of reviewable local government matters to be tabled etc. . . . . 75 72 References of referable local government matters may be tabled etc. . . . . 76 73 Request by Commissioner for reference . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 Division 3--Reports on Reviewable Local Government Matters Subdivision A--Report necessary before implementation 74 Report must be obtained before implementation of reviewable local government matter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 Subdivision B--Making of reports by Commissioner 75 Commissioner must have regard to prescribed principles and criteria . . . . 77 76 Assessment of impact of certain proposals . . . . . . . . . . . . . . . . . . . . . . . . . . 77 77 Public notice of proposed recommendation to implement reviewable local government matter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 78 Commissioner's role when submissions received . . . . . . . . . . . . . . . . . . . . . 79 79 Requirements of Commissioner's report . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 Division 4--Inquiries by Commissioner Subdivision A--General

13 Local Government 80 Commissioner may decide to hold inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . 79 81 Notice of decision to hold inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 Subdivision B--Conduct of inquiries 82 Extended meaning of "Commissioner" in Subdivision . . . . . . . . . . . . . . . . . 80 83 Commissioner's duties on inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 84 Commissioner may decide procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 85 Public may attend . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 86 Commissioner's powers on inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 87 Notice to witness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 88 Duty of witness at inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 89 Contempt of Commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 90 Change of Commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 Division 5--Provisions about Commissioner and Deputy Commissioners 91 Meaning of "commissioner" in Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 92 Deputy Commissioners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 93 Appointment of commissioners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 94 Accrued entitlements as officer of the public service . . . . . . . . . . . . . . . . . 84 95 Terms of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 96 Leave of absence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 97 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 98 Conflict of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 99 Termination of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 100 Acting Deputy Commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 101 Notice of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 Division 6--General 102 Staff and administrative support . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 103 Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 104 Reports on reviewable local government matters to be tabled etc. . . . . . . . 87 105 Other reports may be tabled etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 Division 7--Implementing reviewable local government matters 106 Implementation of reviewable local government matter . . . . . . . . . . . . . . . 87 107 Requirement before implementation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88

14 Local Government 108 Liability for State taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 PART 2--INTERVENTION BY THE STATE Division 1--Powers of intervention 109 Procedures before exercise of certain powers . . . . . . . . . . . . . . . . . . . . . . . . 89 110 Revocation and suspension of resolutions and orders . . . . . . . . . . . . . . . . . . 90 111 Effect of revocation or suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 112 Overruling local laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 113 Dissolution of local government after inquiry . . . . . . . . . . . . . . . . . . . . . . . . 91 114 Exclusion of part of an area from Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 115 Abolition of joint local government area . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 Division 2--Inquiries, investigations and inspections 116 Inquiries, investigations and inspections by authorised persons . . . . . . . . . 92 117 Reports on inquiries, investigations and inspections . . . . . . . . . . . . . . . . . . 93 118 Chief executive may request information from local government . . . . . . . . 93 Division 3--Conduct of inquiries 119 Authorised person's duties on inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 120 Authorised person may decide procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 121 Public may attend . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 122 Authorised person's powers on inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 123 Notice to witness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 124 Duty of witness at inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 125 Contempt of authorised person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 126 Change of authorised person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 Division 4--Administrators 127 When administrator may be appointed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 128 Jurisdiction, powers and duties of administrator . . . . . . . . . . . . . . . . . . . . . . 96 129 Title of administrator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 130 Committee to help administrator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 131 Conditions of appointment as administrator or member of committee . . . . 97 132 Recovery of amounts from local governments . . . . . . . . . . . . . . . . . . . . . . . 97 133 Role of committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 134 Decision by Minister on referral by administrator . . . . . . . . . . . . . . . . . . . . . 98

15 Local Government 135 Procedures of committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 136 Termination of administrator's appointment . . . . . . . . . . . . . . . . . . . . . . . . . 99 137 Termination of appointment of committee member etc. . . . . . . . . . . . . . . . 99 PART 3--LOCAL GOVERNMENT GRANTS COMMISSION Division 1--Commission membership 138 Local Government Grants Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 139 Members of the Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 140 Appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 141 Terms of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 142 Vacation of and removal from office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 143 Acting members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 Division 2--Commission proceedings 144 Time and place of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 145 Quorum at meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 146 Presiding member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 147 Voting at meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 148 Way business to be conducted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 Division 3--Inquiries by Commission Subdivision A--General 149 Commission may decide to hold inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 150 Notice of decision to hold inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 Subdivision B--Conduct of inquiries 151 Extended meaning of "Commission" in Subdivision . . . . . . . . . . . . . . . . . 103 152 Commission's duties on inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 153 Commission may decide procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 154 Public may attend . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 155 Commission's powers on inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 156 Notice to witness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 157 Duty of witness at inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 158 Contempt of Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 159 Change of member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 Division 4--Role of Commission

16 Local Government 160 Commission makes recommendations to Minister . . . . . . . . . . . . . . . . . . . 106 Division 5--Recommendations, allocation and distribution 161 Preparing recommendations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 162 Commission's recommendations to Minister . . . . . . . . . . . . . . . . . . . . . . . . 107 163 Allocation of amount after recommendations . . . . . . . . . . . . . . . . . . . . . . . 107 164 Recommendations to be tabled . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 165 Distribution of financial assistance amount . . . . . . . . . . . . . . . . . . . . . . . . . 108 Division 6--Miscellaneous 166 Cooperation by departments etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 167 Assistance to the Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 CHAPTER 4--LOCAL GOVERNMENT COUNCILLORS PART 1--MEMBERSHIP OF LOCAL GOVERNMENTS Division 1--Extended application of Part 168 Application to Brisbane City Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 Division 2--Qualifications and disqualifications 169 General qualifications for membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 170 General disqualifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 171 Disqualification and vacation of office for certain offences . . . . . . . . . . . 110 172 Review of lawfulness of membership of local government . . . . . . . . . . . . 110 173 Termination of membership of Legislative Assembly on becoming councillor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 174 Termination of local government employment on becoming councillor . . 111 Division 3--Term of office 175 Duration of membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 176 Resignation from office as a councillor . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112 PART 2--COUNCILLORS' ROLES Division 1--Councillors' roles generally 177 Councillors' role . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112 178 Limitations on councillors' roles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 179 Additional roles of mayor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 Division 2--Deputy mayor and acting mayor 180 Deputy mayor of local government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114

17 Local Government 181 Office of deputy mayor may be declared vacant . . . . . . . . . . . . . . . . . . . . 114 182 Additional role of deputy mayor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114 183 Appointment of acting mayor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114 184 Role of acting mayor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 PART 3--ENTITLEMENTS AND OBLIGATIONS Division 1--Entitlements of councillors and committee members 185 Remuneration for service on local government and advisory committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 186 Superannuation benefits for councillors . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 187 Insurance of councillors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 188 Indemnity for councillors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118 Division 2--Obligations of councillors 189 Application to Brisbane City Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118 190 Councillor's declaration of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118 191 Acting as councillor without authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119 192 Exclusion from meeting of councillor with material personal interest . . . 119 193 Removal of disability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119 194 Penalty for contravening exclusion from meeting . . . . . . . . . . . . . . . . . . . . 120 195 Registers of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120 196 Access to registers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121 197 Queries on contents of register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121 198 Improper use of information by councillors . . . . . . . . . . . . . . . . . . . . . . . . . 122 PART 4--VACANCIES IN MEMBERSHIP OF LOCAL GOVERNMENTS 199 Application to Brisbane City Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123 200 When councillor's office becomes vacant . . . . . . . . . . . . . . . . . . . . . . . . . . 123 201 Filling of earlier vacancies by by-election . . . . . . . . . . . . . . . . . . . . . . . . . 123 202 Filling of later vacancies by appointment . . . . . . . . . . . . . . . . . . . . . . . . . . 124 203 Duty to seek political party's nominee for appointment to vacancy . . . . . 125 204 Duty to seek other nominees for appointment to vacancy . . . . . . . . . . . . . 125 PART 5--MEMBERSHIP OF JOINT LOCAL GOVERNMENTS 205 Election of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126 206 When members are to be elected . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126

18 Local Government 207 Delegate members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126 208 Filling of casual vacancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127 209 Returning officer for elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127 210 Appointment of representatives on default . . . . . . . . . . . . . . . . . . . . . . . . . 127 211 President and deputy president . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127 212 Presiding at meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128 213 Overriding duty of joint local government member . . . . . . . . . . . . . . . . . . 128 CHAPTER 5--LOCAL GOVERNMENT ELECTIONS PART 1--GENERAL 214 Triennial elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128 215 Types of elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 216 Elections to be held on a Saturday . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 217 Date of next triennial elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 218 Date of later triennial elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 219 Date of by-elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 PART 2--RETURNING OFFICERS 220 Chief executive officer is returning officer . . . . . . . . . . . . . . . . . . . . . . . . . 130 221 Appointment of returning officer if chief executive officer cannot act . . . 130 222 Returning officer's duty for by-election . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130 PART 3--VOTERS ROLL 223 Returning officer must compile voters roll . . . . . . . . . . . . . . . . . . . . . . . . . 131 224 Qualification for enrolment on voters roll . . . . . . . . . . . . . . . . . . . . . . . . . . 131 225 Cut-off day for voters roll . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131 226 Use of electoral roll when practicable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131 227 Requirements of voters roll . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 228 Voters roll to be open to inspection and purchase . . . . . . . . . . . . . . . . . . . 132 229 Electoral registrars to help returning officers . . . . . . . . . . . . . . . . . . . . . . . . 132 PART 4--VOTING 230 Compulsory voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133 231 System of voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133 PART 5--DIVISION OF AREA 232 Equitable division of area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133

19 Local Government 233 Quota to be complied with in division of area and assignment of councillors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133 234 Disclosure of compliance or non-compliance with quota requirements . . 134 235 Matter of area's division referred to Commissioner . . . . . . . . . . . . . . . . . . 134 PART 6--CONDUCT OF ELECTIONS Division 1--Preliminary 236 Conduct of elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135 237 Chief executive of department may approve forms . . . . . . . . . . . . . . . . . . 135 Division 2--Electoral officers 238 Returning officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135 239 Presiding officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135 240 Issuing officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136 241 Declaration by issuing officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136 242 Returning officer may act through authorised issuing officer . . . . . . . . . . . 136 243 Supply and use of voters rolls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136 Division 3--Candidates for election or appointment 244 Qualification for nomination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137 245 Prohibition of dual candidature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137 246 Leave to local government employee to contest election . . . . . . . . . . . . . 137 247 Endorsed candidates must identify endorsement . . . . . . . . . . . . . . . . . . . . . 138 Division 4--Nominations of candidates for election 248 Calling for nominations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138 249 Who may nominate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138 250 How and when nomination is given . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138 251 Deposit to accompany nomination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139 252 Certificate of returning officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139 253 Display of nominations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140 254 Termination of candidature before noon on nomination day . . . . . . . . . . . 140 255 Death of candidate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140 256 Procedure if number of candidates not more than number required . . . . . 141 257 Procedure if number of candidates exceeds number required . . . . . . . . . . 141 258 Supply of voters roll . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142 259 Procedure on death of candidate when poll to be conducted . . . . . . . . . . . 142

20 Local Government 260 Disposal of deposits generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143 261 If successful candidate dies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143 262 Extension of times . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143 Division 5--Ballots 263 Poll by ballot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144 264 Direction that poll be conducted by postal ballot . . . . . . . . . . . . . . . . . . . . 144 Division 6--Polling booths 265 Polling booths--general . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144 266 Provision of ordinary polling booths . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145 267 Declaration of mobile polling booths . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146 268 Duty of person in charge of institution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146 269 Privacy of voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147 Division 7--Ballot boxes, papers and other documents 270 Ballot boxes generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147 271 Requirements of ballot papers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147 272 Separate ballot papers for separate polls . . . . . . . . . . . . . . . . . . . . . . . . . . . 148 273 Order of listing of candidates' names . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149 274 Distribution of ballot papers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149 275 Correction of errors etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150 Division 8--Scrutineers 276 Candidates' entitlement to scrutineers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151 277 Appointment of scrutineers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151 278 Proof of identification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151 279 Powers of scrutineers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151 Division 9--Voting generally 280 Who may vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152 281 When votes may be cast at an ordinary polling booth or mobile polling booth . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152 282 Procedure for voting at a polling booth . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152 283 Duties of issuing officer for returned papers . . . . . . . . . . . . . . . . . . . . . . . . 153 284 Arrangements for electors with disability . . . . . . . . . . . . . . . . . . . . . . . . . . 154 285 Arrangements for electors at institutions . . . . . . . . . . . . . . . . . . . . . . . . . . 155 286 Arrangements for electoral visitor voting . . . . . . . . . . . . . . . . . . . . . . . . . . 155

21 Local Government 287 Help for electors in voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157 288 Adjournment of poll . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157 Division 10--Declaration voting 289 Who may cast a declaration vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158 290 Who must cast a declaration vote in ordinary elections . . . . . . . . . . . . . . 158 291 Declaration voting for postal ballot elections . . . . . . . . . . . . . . . . . . . . . . . 159 292 How declaration vote is cast . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159 293 Distribution of ballot papers to electors who may or must cast declaration vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160 294 How declaration vote may be cast at a polling booth . . . . . . . . . . . . . . . . 160 295 Distribution of ballot papers to electors for postal ballot election . . . . . . . 161 296 Record of ballot papers given to postal voters . . . . . . . . . . . . . . . . . . . . . . 162 297 Casting a declaration vote by post . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162 298 Declaration voting before polling day . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162 Division 11--Marking of ballot papers 299 Optional-preferential voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164 300 First-past-the-post voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164 Division 12--Replacement ballot papers 301 Use of replacement ballot papers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165 Division 13--Effect of ballot papers 302 Effect of ballot papers--optional-preferential voting . . . . . . . . . . . . . . . . . 167 303 Effect of ballot papers--first-past-the-post voting . . . . . . . . . . . . . . . . . . . . 168 304 Posted vote presumed valid until contrary proved . . . . . . . . . . . . . . . . . . . 169 305 Formal and informal ballot papers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 169 306 Ballot paper partly formal and partly informal . . . . . . . . . . . . . . . . . . . . . . 169 Division 14--Counting of votes 307 Votes to be counted in accordance with Division . . . . . . . . . . . . . . . . . . . . 169 308 Preliminary counting by presiding officer . . . . . . . . . . . . . . . . . . . . . . . . . . 169 309 Preliminary processing of declaration votes by returning officer . . . . . . . . 171 310 Procedure for processing declaration envelopes . . . . . . . . . . . . . . . . . . . . . 172 311 Official counting of votes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172 312 Treatment of ballot paper to which objection is made . . . . . . . . . . . . . . . . 174 313 Counting of votes for optional-preferential system . . . . . . . . . . . . . . . . . . . 174

22 Local Government 314 Counting of votes for first-past-the-post system . . . . . . . . . . . . . . . . . . . . . . 176 315 Returning officer's duty after counting votes . . . . . . . . . . . . . . . . . . . . . . . . 176 Division 15--Actions following poll 316 Declaration of poll . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177 317 Notice of final result of poll . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178 318 List of electors failing to vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178 319 Notice to elector failing to vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178 320 Recording response to notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 179 321 Evidentiary value of list under s.318 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180 322 Disposal of material resulting from election . . . . . . . . . . . . . . . . . . . . . . . . 180 323 Ballot papers as evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180 324 Notice to Electoral Commission of certain declaration votes . . . . . . . . . . 181 Division 16--Enforcement Subdivision A--Offences in general 325 False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181 326 False, misleading or incomplete electoral documents . . . . . . . . . . . . . . . . 181 327 Bribery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 182 328 Providing money for illegal payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 182 329 Improperly influencing electoral officers . . . . . . . . . . . . . . . . . . . . . . . . . . . 183 330 Interfering with election right or duty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 183 331 Forging or uttering electoral papers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 183 332 Wilful neglect etc. of electoral officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . 183 333 No record to be made of vote cast . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 183 Subdivision B--Offences about electoral advertising and information 334 Responsibility for election matter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 184 335 Headline to electoral advertisements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 184 336 Misleading voters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 185 Subdivision C--Offences about voting 337 Failure to vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 185 338 Leave to vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 186 339 Canvassing in or near polling booths . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 186 340 Interrupting voting etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 187

23 Local Government 341 Influencing voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 187 342 Party badges not to be worn in polling booths . . . . . . . . . . . . . . . . . . . . . . . 187 343 Voting if not entitled . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188 344 Offences relating to ballot papers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188 345 Failure to deliver or post documents for someone else . . . . . . . . . . . . . . . 188 346 Breach of confidentiality of vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 189 347 Breaking seals on parcels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 189 348 Duty of witness to signing of declaration voting papers . . . . . . . . . . . . . . . 189 Subdivision D--Injunctions 349 Injunctions to restrain contravention of Chapter . . . . . . . . . . . . . . . . . . . . . 190 PART 7--FRESH ELECTIONS 350 Requirements for fresh election . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191 351 Time for fresh election . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 192 352 Returning officer for fresh election . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 192 353 Voters roll for fresh election . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 192 354 Other provisions of Chapter apply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 192 355 Extension of term of councillors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 192 CHAPTER 6--GENERAL OPERATION OF LOCAL GOVERNMENTS PART 1--PROCEEDINGS OF LOCAL GOVERNMENTS Division 1--What meetings are held 356 Post-election meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 193 357 Agenda of post-election meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 193 358 Other meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 193 Division 2--Local government meetings 359 Place of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194 360 Quorum at meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194 361 Procedure at meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194 362 Minutes must be kept . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194 363 Adjournment of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195 364 Notice of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195 365 Repeal or amendment of resolutions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195 Division 3--Committees and their meetings

24 Local Government 366 Appointment of committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 196 367 Advisory committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 196 368 Delegate members of committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 196 369 Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 196 370 Chairperson of committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 197 371 Committee meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 197 372 Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 197 373 Minutes must be kept unless committee exempted . . . . . . . . . . . . . . . . . . 197 Division 4--Meetings generally 374 Division applies to local governments and their committees . . . . . . . . . . 198 375 Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 198 376 Meetings in public unless otherwise resolved . . . . . . . . . . . . . . . . . . . . . . . 198 377 Closed meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 198 378 Public notice of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 199 379 Public notice of resolution authorising remuneration etc. . . . . . . . . . . . . . 200 Division 5--Records 380 Safe custody of records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 200 381 Loss or destruction of records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 200 382 Inspection of records by the public . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 201 383 Inspection of records by members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 201 384 Duty to make records available . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 201 Division 6--Miscellaneous 385 Correspondence with local government . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202 386 Delegation by local government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202 387 Preservation of proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202 PART 2--POLLS 388 Authority to conduct poll . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 203 389 Subject matter of polls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 203 390 Poll must be on Saturday . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 203 391 Electoral provisions that apply to a poll . . . . . . . . . . . . . . . . . . . . . . . . . . . 203 392 Cases for and against question in poll . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 204 393 Publication of poll result . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 204

25 Local Government 394 Restrictions on conducting another poll on the same question . . . . . . . . . 204 PART 3--CONTRACTS AND TENDERING Division 1--Preliminary 395 Principles governing the making of contracts . . . . . . . . . . . . . . . . . . . . . . . 205 396 Ways of entering into a contract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 205 397 Entering into a contract under delegation . . . . . . . . . . . . . . . . . . . . . . . . . . 205 Division 2--Purchasing 398 When tenders are required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 206 399 When quotations are required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 206 400 Exceptions to the requirement to seek tenders or quotations . . . . . . . . . . . 206 401 Panel of suitable providers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 207 402 Changes to tenders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 208 403 Short listing after calling for expressions of interest . . . . . . . . . . . . . . . . . . 208 404 Acceptance of tender or quotation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 208 Division 3--Disposal of land or goods 405 When tenders or auctions are required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 209 406 Exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 209 PART 4--ENTERPRISES Division 1--Preliminary 407 Application to Brisbane City Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 210 408 Matters relevant to good rule and government . . . . . . . . . . . . . . . . . . . . . . 210 Division 2--Enterprise powers 409 Engagement in or help to enterprises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 211 410 Specific enterprise powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 211 Division 3--Safeguards 411 Application of Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 212 412 Requirements for exercise of enterprise powers . . . . . . . . . . . . . . . . . . . . . 212 413 Restrictions on exercise of enterprise powers . . . . . . . . . . . . . . . . . . . . . . . 213 414 Establishing enterprise powers limits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 213 415 Register of enterprises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 214 CHAPTER 7--FINANCIAL OPERATION AND ACCOUNTABILITY OF LOCAL GOVERNMENTS PART 1--LOCAL GOVERNMENT FINANCE STANDARDS

26 Local Government 416 Issue of standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 215 417 Standards must be complied with . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 216 PART 2--CORPORATE AND OPERATIONAL PLANS 418 Preparation and adoption of corporate plan . . . . . . . . . . . . . . . . . . . . . . . . . 216 419 Period of corporate plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 216 420 Amendment of corporate plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 216 421 Requirements of corporate plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 216 422 Preparation and adoption of operational plan . . . . . . . . . . . . . . . . . . . . . . . 217 423 Amendment of operational plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 217 424 Requirements of operational plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 217 425 Compliance with corporate and operational plans . . . . . . . . . . . . . . . . . . . 217 426 Evaluation of activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 217 427 Copies of plans to be available for inspection and purchase . . . . . . . . . . . 218 PART 3--FUNDS AND ACCOUNTING PROCEDURES 428 Funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 218 429 Reserves . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 218 430 Trust fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 218 431 Compliance with sound accounting principles and procedures . . . . . . . . . 219 PART 4--BUDGET 432 Adoption of budget . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 219 433 Requirements of budgets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 220 434 Content of operating fund budgets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 220 435 Financial information to be presented to budget meeting . . . . . . . . . . . . . 221 436 Spending of local government pending adoption of budget . . . . . . . . . . . . 221 437 Disbursements not in budget . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 221 438 Budgets to be available for inspection and purchase . . . . . . . . . . . . . . . . . 222 PART 5--BORROWING AND INVESTMENT 439 Application of Statutory Bodies Financial Arrangements Act . . . . . . . . . . 222 440 Borrowing or raising money as a statutory body . . . . . . . . . . . . . . . . . . . . . 222 441 Investing money as a statutory body . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 223 442 Councillors' liability for unauthorised borrowings . . . . . . . . . . . . . . . . . . . . 223 PART 6--ACCOUNTS

27 Local Government 443 Accounting records to be kept . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 224 444 Statements of account to be presented to local government . . . . . . . . . . . 224 445 Statements of accounts open to inspection . . . . . . . . . . . . . . . . . . . . . . . . . 224 PART 7--AUDIT 446 General reporting provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 225 PART 8--ANNUAL REPORT 447 Annual report to be prepared and adopted . . . . . . . . . . . . . . . . . . . . . . . . . . 225 448 Content of report about financial position of local government . . . . . . . . . 226 449 Content of report about implementing corporate and operational plans . . 226 450 Content of report about other issues of public interest . . . . . . . . . . . . . . . . 226 451 Copies of report to be available for inspection and purchase . . . . . . . . . . 227 PART 9--DUTIES ABOUT PROPERTY STOLEN OR UNACCOUNTED FOR 452 Report of missing property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 227 453 Local Government to take part in prosecution . . . . . . . . . . . . . . . . . . . . . . 228 PART 10--JOINT LOCAL GOVERNMENTS 454 Contribution by component local governments . . . . . . . . . . . . . . . . . . . . . . 228 455 Notice for contribution to joint local government . . . . . . . . . . . . . . . . . . . . 228 456 Results of failure to pay contribution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 229 457 Adoption of a budget by joint local government for part of a year . . . . . . 229 458 Disbursement of surplus in operating fund of joint local government . . . . 229 CHAPTER 8--LOCAL LAWS AND LOCAL LAW POLICIES PART 1--PRELIMINARY Division 1--Object and application 459 Object . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 230 460 Application of Chapter to Brisbane City Council . . . . . . . . . . . . . . . . . . . . 230 Division 2--Local laws and related concepts 461 Meaning of "local law" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 230 462 Meaning of "model local law" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 230 463 Meaning of "interim local law" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 231 464 Meaning of "local law policy" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 231 PART 2--MAKING LOCAL LAWS AND POLICIES Division 1--Making model local laws

28 Local Government 465 Model local law process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 231 466 Step 1--make a law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 231 467 Step 2--give public notice of law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 232 Division 2--Making interim local laws 468 Interim local law process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 233 469 Step 1--propose a law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 233 470 Step 2--get Minister's agreement to use interim local law process . . . . . 233 471 Step 3--make proposed law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 234 472 Step 4--give public notice of law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 234 Division 3--Making other local laws 473 Local law process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 235 474 Step 1--propose a law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 235 475 Step 2--ensure proposed law satisfactorily deals with any State interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 235 476 Step 3--consult with public about proposed law . . . . . . . . . . . . . . . . . . . . 236 477 Step 4--give public access to proposed law . . . . . . . . . . . . . . . . . . . . . . . . 237 478 Step 5--accept and consider all submissions . . . . . . . . . . . . . . . . . . . . . . . 238 479 Step 6--decide whether to proceed with making proposed law . . . . . . . . 238 480 Step 7--again ensure proposed law satisfactorily deals with any State interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 238 481 Step 8--make proposed law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 239 482 Step 9--give public notice of law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 240 Division 4--Making local law policies 483 Local law policy process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 241 484 Step 1--propose a policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 241 485 Step 2--consult with public about proposed policy . . . . . . . . . . . . . . . . . . 241 486 Step 3--give public access to proposed policy . . . . . . . . . . . . . . . . . . . . . . 242 487 Step 4--accept and consider all submissions . . . . . . . . . . . . . . . . . . . . . . . 242 488 Step 5--make proposed policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 243 489 Step 6--give public notice of policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 243 PART 3--PUBLIC ACCESS TO LOCAL LAWS AND LOCAL LAW POLICIES 490 Laws and policies available for inspection and purchase . . . . . . . . . . . . . 244

29 Local Government 491 Policy register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 244 PART 4--STATUS OF LOCAL LAWS AND LOCAL LAW POLICIES 492 Effect of local laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 245 493 Local law policy binding on local government . . . . . . . . . . . . . . . . . . . . . . 245 494 Proof of local laws and local law policies . . . . . . . . . . . . . . . . . . . . . . . . . . 245 495 Local law and local law policy presumed to be within jurisdiction . . . . . 245 CHAPTER 9--LOCAL GOVERNMENT INFRASTRUCTURE PART 1--ROADS Division 1--Control of roads 496 Local governments' control of roads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 246 Division 2--Realignment and widening of roads 497 Realignment of roads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 246 498 Notice of realignment to affected owners . . . . . . . . . . . . . . . . . . . . . . . . . . 247 499 Effect of notice of realignment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 247 500 Compensation for realignment of road . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 247 501 Claims for compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 248 502 Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 248 503 Assessment of compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 248 504 Award of compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 249 505 Acquisition of land instead of compensation . . . . . . . . . . . . . . . . . . . . . . . . 249 506 Notice of realignment not effective in certain circumstances . . . . . . . . . . 250 507 Realignment not carried out . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 250 508 Compensation if realignment not carried out . . . . . . . . . . . . . . . . . . . . . . . 251 509 Acquisition of land for use as footpath . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 251 Division 3--Opening and closure of roads 510 Notice to local government of opening or closure of roads . . . . . . . . . . . . 252 511 Limited closure of roads by local government . . . . . . . . . . . . . . . . . . . . . . 252 Division 4--Miscellaneous 512 Temporary roads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 253 513 Fixing road levels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 253 514 Compensation for change in road level . . . . . . . . . . . . . . . . . . . . . . . . . . . . 253 515 Ancillary works and encroachments on roads . . . . . . . . . . . . . . . . . . . . . . . 254

30 Local Government 516 Categorisation of roads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 254 517 Roads map and register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 254 PART 2--MALLS 518 Purpose of Part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 255 519 Closure of roads to traffic . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 255 520 Provision of works for mall . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 255 521 Establishment of mall . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 256 522 Closure of mall . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 256 523 Operation of mall . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 256 524 Control of vehicles and animals in malls . . . . . . . . . . . . . . . . . . . . . . . . . . 256 525 No entitlement to compensation for mall . . . . . . . . . . . . . . . . . . . . . . . . . . 256 PART 3--MARINE AND AQUATIC MATTERS 526 Ferry service in area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 257 527 Ferry service on boundary of areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 257 528 Lease of ferries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 257 529 Local laws about ferries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 257 530 Harbours, jetties, breakwaters and ramps . . . . . . . . . . . . . . . . . . . . . . . . . . 257 531 Management and regulation of bathing reserves . . . . . . . . . . . . . . . . . . . . . 258 532 Control of foreshore . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 259 PART 4--LOCAL GOVERNMENT CONTROL OVER LEVEE BANKS Division 1--Jurisdiction of Local Governments 533 Limited exclusion of jurisdiction of local government . . . . . . . . . . . . . . . . 259 Division 2--Control of levee banks 534 Regulation of levee banks etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 259 535 Decision on application for permission . . . . . . . . . . . . . . . . . . . . . . . . . . . . 260 536 Issue of permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 260 537 Application for permission for existing levee banks . . . . . . . . . . . . . . . . . . 261 Division 3--Appeals 538 Appeal against local government's decision . . . . . . . . . . . . . . . . . . . . . . . . 262 539 Decision on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262 540 Duties of appeal tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263 541 Appeal tribunal may decide procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263

31 Local Government 542 Appeal tribunal's powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263 543 Representation before appeal tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263 544 Prosecution of appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264 545 Notice to witness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264 546 Duty of witness at appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264 547 Contempt of appeal tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265 548 Change of person forming appeal tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . 265 549 Costs of appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265 550 Recovery on orders of appeal tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265 Division 4--Effect of Part 551 Effect of Part on legal rights and remedies . . . . . . . . . . . . . . . . . . . . . . . . . 266 Division 5--Expiry of Part 552 Expiry of Part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 266 CHAPTER 10--RATES AND CHARGES PART 1--GENERAL Division 1--Rateable land 553 What land is rateable? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 266 Division 2--Averaging of valuations 554 Application to Brisbane City Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 267 555 Local government may decide to average land values for rating purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 267 556 Averaging over 3 years . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 268 557 Averaging over 2 years . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 268 558 Information available to calculate "averaging factor" . . . . . . . . . . . . . . . . 269 PART 2--MAKING AND LEVYING RATES AND CHARGES 559 Power to make and levy rates and charges . . . . . . . . . . . . . . . . . . . . . . . . . 269 560 Making of rates and charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 270 561 General rate or differential general rates must be made each year . . . . . . 270 562 Differential general rate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 270 563 Minimum general rate levy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 270 564 Minimum general rate levy on time shared property . . . . . . . . . . . . . . . . . 271 565 Minimum general rate levy on mining tenements . . . . . . . . . . . . . . . . . . . 271 566 Unimproved value of mining claims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 272

32 Local Government 567 Special rates and charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 272 568 Separate rates and charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 273 569 Utility charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 273 570 General charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 273 571 Register of charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 274 PART 3--CATEGORISATION OF LAND FOR DIFFERENTIAL RATING Division 1--Categorisation of land 572 Land must be categorised for differential general rates . . . . . . . . . . . . . . . 274 573 Establishing criteria and categories . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 274 574 Identification of categories for parcels of land . . . . . . . . . . . . . . . . . . . . . . 275 575 Specification of categories for parcels of land . . . . . . . . . . . . . . . . . . . . . . 275 Division 2--Entry on land for categorisation 576 Meaning of "authorised person" for Division . . . . . . . . . . . . . . . . . . . . . . . 275 577 Purposes for which powers may be exercised . . . . . . . . . . . . . . . . . . . . . . . 276 578 Power of entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 276 Division 3--Notice of categorisation 579 Notice to owner of categorisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 277 Division 4--Objections and appeals 580 Owner's objection to categorisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 278 581 Decision on owner's objection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 278 582 Effect of decision on objections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 279 583 Right of appeal against decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 279 584 Where and how to start appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 279 585 Constitution and procedure of Land Court . . . . . . . . . . . . . . . . . . . . . . . . . . 280 586 Decision on appeal by Land Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 280 587 Levy and recovery of rate unaffected by objection or appeal . . . . . . . . . . 280 Division 5--Late categorisation 588 Late categorisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 281 589 Time of effect of late categorisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 281 PART 4--LAND RECORD OF LOCAL GOVERNMENT Division 1--Land record 590 Land record to be kept . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 282

33 Local Government 591 Land record open to inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 282 592 Amendment of land record . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 282 593 Resolution to remove valueless land from land record . . . . . . . . . . . . . . . . 283 594 Restoration of valueless land to land record . . . . . . . . . . . . . . . . . . . . . . . . 283 Division 2--Appeal against amendment of land record 595 Right of appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 283 596 Where and how to start appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 284 597 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 284 598 Powers of Magistrates Courts on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . 284 599 Appeal to District Court on question of law only . . . . . . . . . . . . . . . . . . . . 285 Division 3--Notices of change in ownership 600 Notice of sale of land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 285 601 Notice of surrender or forfeiture to State . . . . . . . . . . . . . . . . . . . . . . . . . . . 285 602 Notice of change in ownership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 286 603 Result of failure to give notice of change in ownership . . . . . . . . . . . . . . . 286 PART 5--LEVYING AND PAYMENT OF RATES Division 1--Levying of rates 604 Levying rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 287 605 Rate may be levied or adjusted after end of financial year . . . . . . . . . . . . 288 Division 2--Payment of rates 606 Person who is liable to pay rate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 288 607 Liability to pay rate if change of ownership . . . . . . . . . . . . . . . . . . . . . . . . 288 608 Continuing responsibility for rates on land that ceases to be rateable land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 288 609 Where rates can be paid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 289 610 Time within which rates must be paid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 289 611 Payment by instalments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 289 Division 3--Overdue rates 612 Meaning of "overdue rate" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 290 613 Recovery of overdue rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 290 614 Overdue rates may bear interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 290 Division 4--Discounts and other benefits for prompt payment of rates

34 Local Government 615 Discount for payment within 30 days . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 291 616 Discount for payment within 60 days . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 291 617 Discount when special circumstances prevent prompt payment . . . . . . . . 291 618 No discount if other rates are overdue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 291 619 Other benefits for prompt payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 291 Division 5--Changes to land that affect rates Subdivision A--General 620 Different period starts on day of change . . . . . . . . . . . . . . . . . . . . . . . . . . . 292 621 Basis on which a rate is levied . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 292 622 Rate levied for a period in which a change takes effect . . . . . . . . . . . . . . 292 Subdivision B--Changes affecting rates 623 Change in unimproved value of land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 293 624 Land becomes or ceases to be rateable land . . . . . . . . . . . . . . . . . . . . . . . . 293 625 Land included in a new rating category . . . . . . . . . . . . . . . . . . . . . . . . . . . . 293 626 Entitlement to occupy land is ended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 293 PART 6--CONCESSIONS 627 Remission, composition and settlement of rates . . . . . . . . . . . . . . . . . . . . . 294 628 Deferral of liability to pay rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 294 629 Resort to remission, composition, settlement or deferral requires justification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 295 630 Remission for occupancy by pensioners . . . . . . . . . . . . . . . . . . . . . . . . . . . 296 631 Conditions on exercise of concession powers . . . . . . . . . . . . . . . . . . . . . . . 296 632 Limitation of increase in rate levied . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 297 PART 7--RECOVERY OF RATES Division 1--Recovery of overdue rates 633 Recovery by court action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 297 Division 2--Sale of land for overdue rates 634 Application of Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 298 635 Power of sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 298 636 Local government must first give notice . . . . . . . . . . . . . . . . . . . . . . . . . . . 298 637 Time limit for starting sale procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . 299 638 Procedures for sale may be stopped . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 299 639 Procedures for sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 299

35 Local Government 640 Reserve price at auction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 300 641 Sale by agreement after auction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 300 642 Unsold land acquired by local government . . . . . . . . . . . . . . . . . . . . . . . . . 301 643 Application of proceeds of sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 301 644 Sale operates as a discharge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 301 645 Issue of title on certificate of sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 302 646 Acquisition by local government of title to land . . . . . . . . . . . . . . . . . . . . . 302 Division 3--Acquisition by local government of valueless land 647 Local government may acquire valueless land . . . . . . . . . . . . . . . . . . . . . . 303 648 Local government must first give notice . . . . . . . . . . . . . . . . . . . . . . . . . . . 303 649 Application to be registered as owner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 303 Division 4--Provisions about dealing with land under this Part 650 One instrument of title for conterminous land . . . . . . . . . . . . . . . . . . . . . . . 304 651 Sale of land and title valid despite irregularities . . . . . . . . . . . . . . . . . . . . 304 652 Restrictions on local government dealing with land . . . . . . . . . . . . . . . . . . 305 653 Priority of State debts preserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 305 654 Satisfaction of rates and charges on termination of tenure . . . . . . . . . . . . 306 CHAPTER 11--PROVISIONS AIDING LOCAL GOVERNMENT PART 1--RIGHT TO TAKE MATERIALS 655 Taking materials from land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 306 656 Owners and occupiers of land to be compensated . . . . . . . . . . . . . . . . . . . 307 PART 2--EXECUTION OF LOCAL GOVERNMENT ACTS Division 1--Compliance with requirements of local government Acts 657 Owner's right of entry to comply with notice or order . . . . . . . . . . . . . . . . 308 658 Order on occupier who refuses entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 308 659 Protection of owner against occupier's obstruction . . . . . . . . . . . . . . . . . . . 309 660 Discharge of obligations by occupier on failure of owner . . . . . . . . . . . . . 309 661 Performing work for owner or occupier . . . . . . . . . . . . . . . . . . . . . . . . . . . . 309 662 Cost of work recoverable as a rate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 310 663 Cost of work a charge over land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 310 664 Limitation of time in absence of notice of work done . . . . . . . . . . . . . . . . 311 Division 2--Entry on land

36 Local Government 665 Entry on land for local government purposes . . . . . . . . . . . . . . . . . . . . . . . . 311 Division 3--Compensation 666 Compensation for damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 312 Division 4--General 667 Obstructing execution of local government Act etc. . . . . . . . . . . . . . . . . . . 312 668 Police officer may require name and address . . . . . . . . . . . . . . . . . . . . . . . 313 669 Direction power of police officers about malls . . . . . . . . . . . . . . . . . . . . . . 314 670 Power to arrest persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 314 671 Fines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 315 672 Proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 315 673 Attempt to commit offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 315 PART 3--INFRINGEMENT NOTICE OFFENCES 674 Appointment of authorised persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 315 675 Terms and duration of appointment of authorised persons . . . . . . . . . . . . . 315 676 Powers of authorised persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 316 677 Issue of identity cards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 316 678 Production of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 316 679 Authorised person may require name and address . . . . . . . . . . . . . . . . . . . 316 680 Offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 317 PART 4--LEGAL PROCESSES INVOLVING LOCAL GOVERNMENTS 681 Authentication of documents made by local governments . . . . . . . . . . . . . 317 682 Service of documents on local governments . . . . . . . . . . . . . . . . . . . . . . . . 318 683 Substituted service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 318 684 Exemption from stating law in the case of substituted service . . . . . . . . . 318 685 Service on time share owners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 319 686 Acting for local government in legal proceedings . . . . . . . . . . . . . . . . . . . 319 687 Judiciary not disqualified from adjudicating . . . . . . . . . . . . . . . . . . . . . . . . 319 PART 5--EVIDENTIARY MATTERS 688 Constitution and limits of local government need not be proved . . . . . . . 320 689 Proof of voters roll . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 320 690 Proof of proceedings of local government . . . . . . . . . . . . . . . . . . . . . . . . . . 320 691 Evidentiary value of land record . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 320

37 Local Government 692 Evidentiary value of copies and certificates . . . . . . . . . . . . . . . . . . . . . . . . 321 693 Proof of matters about roads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 321 694 Proof of directions given to local government . . . . . . . . . . . . . . . . . . . . . . . 322 695 Proof of orders for costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 322 PART 6--GENERAL ADMINISTRATIVE MATTERS 696 Ownership of things in local government's control . . . . . . . . . . . . . . . . . . . 322 697 Insurance against liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 323 698 Notice of time share scheme to local government . . . . . . . . . . . . . . . . . . . 323 699 Changes affecting time share schemes . . . . . . . . . . . . . . . . . . . . . . . . . . . . 323 700 Land registry searches free of charge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 324 CHAPTER 12--LOCAL GOVERNMENT STAFF PART 1--CORPORATE STRUCTURE AND STAFF RESOURCES 701 Corporate structure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 324 702 Resources for staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 325 PART 2--EMPLOYMENT OF STAFF AND PERSONNEL PRACTICES 703 Employment of staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 325 704 Personnel practices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 325 PART 3--CHIEF EXECUTIVE OFFICER AND OTHER EMPLOYEES 705 Role of chief executive officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 326 706 Delegation by chief executive officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 327 707 Selection of chief executive officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 327 708 Acting chief executive officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 328 709 Requests to employees for help or advice . . . . . . . . . . . . . . . . . . . . . . . . . . 328 710 Role of other local government employees . . . . . . . . . . . . . . . . . . . . . . . . . 328 711 Concurrent employment of local government employees . . . . . . . . . . . . . 328 PART 4--OBLIGATIONS OF LOCAL GOVERNMENT EMPLOYEES 712 Integrity of local government employees . . . . . . . . . . . . . . . . . . . . . . . . . . . 329 713 Registers of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 329 714 Access to register of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 330 715 Queries on content of register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 331

38 Local Government 716 Disclosure of employee's interest in particular issues . . . . . . . . . . . . . . . . 332 717 Improper conduct by local government employees . . . . . . . . . . . . . . . . . . . 332 718 Indemnity for local government employees . . . . . . . . . . . . . . . . . . . . . . . . . 333 PART 5--DISCIPLINARY ACTION 719 Limitations on who may take disciplinary action . . . . . . . . . . . . . . . . . . . . 333 720 When disciplinary action may be taken . . . . . . . . . . . . . . . . . . . . . . . . . . . 334 721 Types of disciplinary action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 334 722 Deductions from salary or wages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 334 723 Suspension of employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 335 724 Employee to be given notice of grounds for disciplinary action . . . . . . . . 335 PART 6--APPEALS ABOUT DISCIPLINARY ACTION 725 Appeal against disciplinary action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 336 726 Formation of appeal tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 336 727 Secretary of appeal tribunals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 336 728 Expenses of tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 337 729 Grounds of appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 337 730 Decisions open to appeal tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 337 731 Duties of appeal tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 338 732 How to start an appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 338 733 Appeal tribunal may decide procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . 339 734 Preliminary hearing of appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 339 735 Appeal tribunal's powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 339 736 Prosecution of appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 340 737 Notice to witness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 340 738 Duty of witness at appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 340 739 Leave for attending an appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 341 740 Contempt of appeal tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 341 741 Change of person forming appeal tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . 341 742 Costs of appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 341 743 Recovery on orders of appeal tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 342 CHAPTER 13--GENERAL PART 1--LOCAL GOVERNMENT ASSOCIATION

39 Local Government 744 Establishment of corporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 343 745 Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 343 746 Litigation of common interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 344 747 When payments by local governments are payable . . . . . . . . . . . . . . . . . . 344 748 Accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 344 749 Annual balance and audit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 344 PART 2--MISCELLANEOUS 750 Delegation by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 345 751 Delegation by chief executive of department . . . . . . . . . . . . . . . . . . . . . . . 345 752 Regulation making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 345 CHAPTER 14--TRANSITIONAL AND SAVINGS PROVISIONS, REPEALS AND AMENDMENTS PART 1--TRANSITIONAL AND SAVINGS PROVISIONS Division 1--Preliminary 753 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 346 754 References to "commencement day" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 346 755 References to local authority etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 346 Division 2--The local government system 756 Saving of areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 348 757 Saving of divisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 348 758 Saving of Joint Local Authority Board areas . . . . . . . . . . . . . . . . . . . . . . . . 348 759 Saving of local government entities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 348 760 Declaration of areas etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 349 761 Expiry of Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 350 Division 3--Interaction with the State Subdivision A--Review of local government matters 762 Saving of existing appointment of Local Government Commissioner . . . 350 763 Saving of action taken in review of local government matters . . . . . . . . . 350 764 Validation of Commissioner's recommendations . . . . . . . . . . . . . . . . . . . . 351 Subdivision B--Local Government Grants Commission 765 Regulation about a reviewable local government matter . . . . . . . . . . . . . . 351 766 Saving of existing appointments to Commission . . . . . . . . . . . . . . . . . . . . 352 Subdivision C--Expiry

40 Local Government 767 Expiry of Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 352 Division 4--Local government councillors 768 Application of earlier resolutions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 352 Division 5--Local government elections 769 Local Government Act 1936 not to apply to 1994 triennial elections . . . . 353 770 References to local government etc. for purposes of 1994 triennial elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 353 771 Expiry of Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 353 Division 6--Financial operation and accountability 772 Corporate and operational plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 354 773 Annual reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 354 774 Administration of sinking fund for liquidation of current borrowings . . . . . 354 Division 7--Local laws and local law policies 775 Application to Brisbane City Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 354 776 Status of pre-existing laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 355 777 Status of proposed laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 355 778 Review of pre-existing laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 355 779 Repeal if no review of pre-existing law . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356 780 Expiry of Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 357 Division 8--Local government infrastructure 781 Realignment of roads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 357 782 Existing pedestrian malls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 357 783 Foreshores and bathing reserves . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 358 784 Permission for levee banks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 358 785 Expiry of Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 358 Division 9--Rates and charges 786 Saving of rates and charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 358 787 Saving of categorisation of land for rating purposes . . . . . . . . . . . . . . . . . . 358 788 Saving of averaged land values for rating purposes . . . . . . . . . . . . . . . . . . 359 789 Saving of proceedings to recover overdue rates . . . . . . . . . . . . . . . . . . . . . 359 790 Saving of action to sell or acquire land for overdue rates . . . . . . . . . . . . . 359 791 Expiry of Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 360

41 Local Government Division 10--Local government staff 792 Town clerk, shire clerk or clerk become chief executive officer . . . . . . . 360 793 Filling of position . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 360 794 Employees suspended before commencement of this section . . . . . . . . . . 360 795 Continuation of provisions for appeal against dismissal . . . . . . . . . . . . . . . 361 796 Expiry of Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 361 Division 11--General 797 Existing rules of Association . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 361 798 Expiry of Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 361 PART 2--REPEALS 799 Repeal of Local Government Act 1936 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 362 800 Repeal of other Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 364 PART 3--AMENDMENTS 801 Amendment of Acts--Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 366 SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . 367 AMENDMENTS OF ACTS ACTS INTERPRETATION ACT 1954 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 367 AMBULANCE SERVICES ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 367 BUILDING ACT 1975 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 368 BUILDING UNITS AND GROUP TITLES ACT 1980 . . . . . . . . . . . . . . . . 392 CITY OF BRISBANE ACT 1924 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 397 COMMUNITY SERVICES (ABORIGINES) ACT 1984 . . . . . . . . . . . . . . 400 COMMUNITY SERVICES (TORRES STRAIT) ACT 1984 . . . . . . . . . . . 401 CORRECTIVE SERVICES ACT 1988 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 401 CRIMINAL CODE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 401 ELECTRICITY ACT 1976 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 402 FINANCIAL ADMINISTRATION AND AUDIT ACT 1977 . . . . . . . . . . . 403 FIRE SERVICE ACT 1990 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 403 FISHING INDUSTRY ORGANISATION AND MARKETING ACT 1982 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 404 FORESTRY ACT 1959 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 405 GLADSTONE AREA WATER BOARD ACT 1984 . . . . . . . . . . . . . . . . . . 405 HEALTH ACT 1937 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 405

42 Local Government HEALTH SERVICES ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 407 INDY CAR GRAND PRIX ACT 1990 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 407 JUSTICES ACT 1886 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 408 LAND ACT 1962 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 408 LEGISLATIVE STANDARDS ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . 408 LOCAL GOVERNMENT (ABORIGINAL LANDS) ACT 1978 . . . . . . . . 409 LOCAL GOVERNMENT (CHINATOWN AND THE VALLEY MALLS) ACT 1984 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 410 LOCAL GOVERNMENT (PLANNING AND ENVIRONMENT) ACT 1990 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 410 LOCAL GOVERNMENT (QUEEN STREET MALL) ACT 1981 . . . . . . . 413 MINERAL RESOURCES ACT 1989 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 413 REGULATORY REFORM ACT 1986 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 415 RIVER IMPROVEMENT TRUST ACT 1940 . . . . . . . . . . . . . . . . . . . . . . . 415 RURAL LANDS PROTECTION ACT 1985 . . . . . . . . . . . . . . . . . . . . . . . . 416 SEWERAGE AND WATER SUPPLY ACT 1949 . . . . . . . . . . . . . . . . . . . 416 SOIL CONSERVATION ACT 1986 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 421 SOUTH BANK CORPORATION ACT 1989 . . . . . . . . . . . . . . . . . . . . . . . 421 SOUTH EAST QUEENSLAND WATER BOARD ACT 1979 . . . . . . . . . 423 STATE HOUSING ACT 1945 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 423 STATUTORY INSTRUMENTS ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . 424 SUGAR INDUSTRY ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 425 TOWNSVILLE BREAKWATER ENTERTAINMENT CENTRE ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 425 TOWNSVILLE/THURINGOWA WATER SUPPLY BOARD ACT 1987 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 425 TRAFFIC ACT 1949 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 426 TRANSPORT INFRASTRUCTURE (RAILWAYS) ACT 1991 . . . . . . . . 427 WATER RESOURCES ACT 1989 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 428

1993 A BILL FOR An Act to provide for local government in Queensland, and for related purposes

44 Local Government The Parliament of Queensland enacts-- 1 HAPTER 1--PRELIMINARY 2 C PART 1--INTRODUCTION 3 title 4 Short 1. This Act may be cited as the Local Government Act 1993. 5 6 Commencement 2.(1) The following provisions commence on the date of assent-- 7 � Chapter 1 (Preliminary) 8 � Chapter 4 (Local government councillors) 9 � Part 1 (Membership of local governments) 10 � Chapter 5 (Local government elections) 11 � Chapter 6 (General operation of local governments) 12 � Part 2 (Polls) 13 � section 689 (Proof of voters roll) 14 � Chapter 13 (General) 15 � Part 2 (Miscellaneous) 16 � Chapter 14 (Transitional and savings provisions, repeals and 17 amendments) 18 � Part 1 (Transitional and savings provisions) 19 � section 764 (Validation of Commissioner's 20 recommendations) 21 � section 765 (Regulation about a reviewable local 22 government matter) 23

45 Local Government � Division 5 (Local government elections) 1 � section 798 (Transitional regulations). 2 (2) Section 395 (Principles governing the making of contracts) 3 commences on 1 July 1994. 4 (3) The amendment of the Forestry Act 1959 made by this Act 5 commences immediately after the amendment of section 71 of that Act 6 made by the Nature Conservation Act 1992 or on 26 March 1994 7 (whichever is the later). 8 (4) The amendments of section 6.17 of the Transport Infrastructure 9 (Railways) Act 1991 made by this Act commence immediately after the 10 amendment of that section made by the Transport Infrastructure 11 (Railways) Amendment Act 1993 or on 26 March 1994 (whichever is the 12 later). 13 (5) The remaining provisions commence on 26 March 1994. 14 ART 2--OBJECTS 15 P of this Act 16 Objects 3. The objects of this Act include-- 17 (a) providing a legal framework for an effective, efficient and 18 accountable system of local government in Queensland; and 19 (b) recognising a jurisdiction of local government sufficient to allow 20 a local government to take autonomous responsibility for the 21 good rule and government of its area with a minimum of 22 intervention by the State; and 23 (c) providing for community participation in the local government 24 system; and 25 (d) defining the role of participants in the local government system; 26 and 27 (e) establishing an independent process for ongoing review of certain 28 important local government issues. 29

46 Local Government ART 3--INTERPRETATION 1 P 2 Definitions 4. In this Act-- 3 "Aboriginal local government" means a body that has the function of 4 local government under the Community Services (Aborigines) 5 Act 1984; 6 "additional territorial unit" of a local government has the meaning given 7 by section 23 (Exercise of jurisdiction outside its local government 8 area--the "additional territorial units"); 9 "appointer" of a local government employee means-- 10 (a) for the chief executive officer--the local government; or 11 (b) for a senior executive officer appointed by the local 12 government--the local government; or 13 (c) for another employee--the chief executive officer; 14 "area" means-- 15 (a) for a local government--its basic territorial unit; or 16 (b) for a joint local government--its territorial unit; 17 "authorised person"-- 18 (a) in Chapter 3 (Interaction with the State), Part 2 (Intervention by 19 the State)--means a person who is appointed under section 116 20 (Inquiries, investigations and inspections by authorised persons); 21 and 22 (b) in Chapter 10 (Rates and charges), Part 3 (Categorisation of land 23 for differential rating), Division 2 (Entry on land for 24 categorisation)--has the meaning given by section 576 (Meaning 25 of "authorised person" for Division); and 26 (c) in Chapter 11 (Provisions aiding local government), Part 3 27 (Infringement notice offences)--means a person who is 28 appointed under section 674 (Appointment of authorised 29 persons); 30 "basic territorial unit" of a local government has the meaning given by 31

47 Local Government section 22 (Exercise of jurisdiction for its local government area--the 1 "basic territorial unit"); 2 "budget meeting" of a local government means a meeting of the local 3 government at which it adopts its budget for a financial year; 4 "certified copy" of a local government's local law or local law policy 5 means a copy of the local law or local law policy certified by the local 6 government's chief executive officer to be the local law or local law 7 policy as made by the local government; 8 "cleansing services" includes services for the removal of nightsoil, refuse 9 or recyclable material; 10 "combined form" means a form that-- 11 (a) gives information required by this Act and other Acts about a 12 change of ownership of land; and 13 (b) may be given to the registrar of titles; 14 "Commission" means the Local Government Grants Commission; 15 "Commissioner" means the Local Government Commissioner; 16 "community titles Act" means-- 17 � the Building Units and Group Titles Act 1980 18 � the Integrated Resort Development Act 1987 19 � the Mixed Use Development Act 1993 20 � another Act prescribed by regulation; 21 "company limited by shares" has the same meaning as in the 22 Corporations Law; 23 "component local government" means a local government entitled to be 24 represented on a joint local government, either in its own right or as a 25 member of a group of local governments; 26 "conclusion" of a local government election has the meaning given by 27 section 6 (Meaning of "conclusion" of local government election); 28 "consultation period"-- 29 (a) for a proposed local law--means the period mentioned in 30 section 476 (Step 3--consult with public about proposed law); 31

48 Local Government and 1 (b) for a proposed local law policy--means the period mentioned in 2 section 485 (Step 2--consult with public about proposed policy); 3 "continuing candidate", for a counting of votes, means a candidate who 4 has not been excluded at a previous count of votes; 5 "councillor" of a local government includes the local government's mayor; 6 "cut-off day", for the voters roll for an election, means the day to which 7 the voters roll for the election must be compiled under section 225 8 (Cut-off day for voters roll); 9 "decision maker", for the categorisation of land for a differential general 10 rate, has the meaning given by section 579(2)(c)(i) (Notice to owner of 11 categorisation); 12 "declaration envelope" means an envelope on which there is a declaration 13 to be made by an elector; 14 "declaration form" means a form on which there is a declaration to be 15 made by an elector; 16 "declaration vote" means a vote for which a declaration envelope must be 17 completed; 18 "declaration voter" means a person mentioned in any of the following 19 sections-- 20 � section 289 (Who may cast a declaration vote) 21 � section 290 (Who must cast a declaration vote in ordinary 22 elections) 23 � section 291 (Declaration voting for postal ballot elections); 24 "differential general rate" means a rate (other than a special rate) made 25 and levied equally on the unimproved value of all rateable land in a 26 local government's area included in a category decided by the local 27 government in levying the rate; 28 "dispose" of land or goods includes sell the land or goods; 29 "division" of a local government area means a division of the area 30 established for the election of councillors or a councillor; 31 "effective value" of land for a financial year (the "relevant financial 32

49 Local Government year"), for the purpose of calculating the land's unimproved value to 1 make and levy rates for a financial year (the "current financial year") 2 means-- 3 (a) if the relevant financial year is a financial year other than the 4 current financial year--the unimproved value of the land decided 5 under the Valuation of Land Act 1944 effective on the last day of 6 the financial year; or 7 (b) if the relevant financial year is the current financial year--the 8 unimproved value of the land decided under the Valuation of 9 Land Act 1944; 10 "elect" includes re-elect; 11 "election" means an election of councillors, or a councillor, of a local 12 government; 13 "election matter" means anything able to, or intended to-- 14 (a) influence an elector about voting at an election; or 15 (b) affect the result of an election; 16 "election period", for an election, means the period-- 17 (a) starting on the day when public notice of the holding of the 18 election is given under section 248(1) (Calling for nominations); 19 and 20 (b) ending on the close of the poll in the election; 21 "elector" means a person entitled to vote under this Act; 22 "electoral officer", for an election, means the returning officer or a 23 presiding or issuing officer; 24 "electoral paper" means a ballot paper or declaration envelope or form; 25 "electoral roll" means a roll kept under the Electoral Act 1992; 26 "encumbrance" includes any of the following that affects land-- 27 (a) a mortgage, lien or charge; 28 (b) a caveat; 29 (c) an agreement; 30 (d) a judgment, writ or process; 31

50 Local Government (e) an interest adverse to the interest of the land's owner; 1 but does not include an easement; 2 "enterprise" includes any business, undertaking and activity; 3 "enterprise power" has the meaning given by section 409(2) (Engagement 4 in or help to enterprises); 5 "exhausted ballot paper", for a count of votes, means a ballot paper on 6 which there is not recorded a vote for a continuing candidate; 7 "facility" includes work; 8 "ferry" includes a punt and floating pontoon; 9 "foreshore" means the land lying between high-watermark and 10 low-watermark at ordinary spring tides; 11 "fresh election" means an election under Chapter 5 (Local government 12 elections), Part 7 (Fresh elections); 13 "general charge" means a charge mentioned in section 570 (General 14 charges); 15 "general rate" means a rate (other than a separate rate) made and levied by 16 a local government equally on the unimproved value of all rateable 17 land in its area; 18 "government entity" has the same meaning as in the Government Owned 19 Corporations Act 1993; 20 "holding" means land held from the State for a leasehold interest; 21 "improved land" means land, or the part of land, that is-- 22 (a) the site or curtilage of a building; or 23 (b) a garden, lawn, yard or court; or 24 (c) a park, plantation, planted walk or avenue; or 25 (d) a nursery for trees; or 26 (e) land under cultivation; 27 "infringement notice", for an infringement notice offence, means a notice 28 under section 98C of the Justices Act 1886; 29 "infringement notice offence" means an offence to which Part 4A of the 30

51 Local Government Justices Act 1886 applies; 1 "institution" means any of the following-- 2 (a) a hospital; 3 (b) a convalescent home; 4 (c) a nursing home; 5 (d) a home for the aged; 6 (e) a hostel for the aged or infirm; 7 (f) a prison or other place of confinement; 8 (g) another place prescribed by regulation as an institution; 9 "interim development control provisions" has the meaning given by the 10 Local Government (Planning and Environment) Act 1990; 11 "interim local law" has the meaning given by section 463 (Meaning of 12 "interim local law"); 13 "issuing officer" means a person appointed to issue ballot papers, 14 declaration envelopes or declaration forms to electors, and includes a 15 returning officer and presiding officer; 16 "joint local government" means a joint local government established 17 under this Act; 18 "joint local government area" means a part of the State that is established 19 as a joint local government area under this Act; 20 "jurisdiction of local government" has the meaning given by section 25 21 (Jurisdiction of local government); 22 "keeper of the register" has the meaning given by section 714 (Access to 23 register of interests); 24 "land" includes-- 25 (a) freehold land; and 26 (b) a holding; and 27 (c) a mining claim; 28 "land record" of a local government means the record of rateable land in 29 its area it is required to keep under section 590 (Land record to be 30

52 Local Government kept); 1 "levee bank" means an embankment or structure by which-- 2 (a) water is prevented or reduced from flowing into or from land; or 3 (b) the flooding of land is prevented or reduced; 4 "limited partner" has the same meaning as in the Partnership (Limited 5 Liability) Act 1988; 6 "local governing body" has the meaning given by the Local Government 7 (Financial Assistance) Act 1986 (Cwlth); 8 "local government" means a local government established under this Act; 9 "local government Act" means an Act under which a local government 10 can exercise the jurisdiction of local government, and includes, for 11 example, this Act, the Local Government (Planning and Environment) 12 Act 1990, a local law, a planning scheme or interim development 13 provisions; 14 "local government area" means a part of the State that is established as a 15 local government area under this Act; 16 "local government matter" means a matter about local government; 17 "Local Government Association" means the Local Government 18 Association of Queensland (Incorporated); 19 "Local Government Finance Standards" means the standards in force 20 under section 416 (Issue of standards); 21 "local law" has the meaning given by section 461 (Meaning of "local 22 law"); 23 "local law policy" has the meaning given by section 464 (Meaning of 24 "local law policy"); 25 "material personal interest" of a person has the meaning given by 26 section 7 (Meaning of "material personal interest"); 27 "member" includes-- 28 (a) for a joint local government--the president and deputy president 29 of the joint local government; or 30 (b) for a local government committee--the chairperson and deputy 31 chairperson of the committee; 32

53 Local Government (c) for the Commission--the chairperson, deputy chairperson and an 1 acting member; 2 "merit" of an applicant includes the applicant's abilities, knowledge and 3 skills relevant to the position concerned; 4 "minimum general rate levy" means an amount fixed as the minimum 5 amount payable as a general rate or differential general rate for all or 6 any rateable land in a local government's area; 7 "mining claim" means a mining claim to which the Mineral Resources Act 8 1989 applies; 9 "mining lease" means a mining lease to which the Mineral Resources Act 10 1989 applies; 11 "misconduct" of a local government employee means-- 12 (a) disgraceful or improper conduct that shows unfitness to be or to 13 continue as a local government employee; or 14 (b) behaviour that does not satisfy a standard of behaviour generally 15 expected of local government employees; or 16 (c) a contravention of a provision of this or another Act setting out 17 what the employee must or must not do (whether or not the Act 18 provides for a penalty for contravening the provision); 19 "mobile polling booth" means a place declared by a returning officer as a 20 mobile polling booth for a ballot in a poll; 21 "model local law" has the meaning given by section 462 (Meaning of 22 "model local law"); 23 "nomination day" means the day specified as the nomination day for an 24 election-- 25 (a) in a notice under section 248 (Calling for nominations); or 26 (b) in a Gazette notice under section 262 (Extension of times); 27 "notice of realignment" means a notice under section 498 (Notice of 28 realignment to affected owners); 29 "open to inspection" has the meaning given by section 8 (Meaning of 30 "open to inspection"); 31 "ordinary polling booth" means a place, or part of a place, a returning 32

54 Local Government officer arranges to be used on polling day to enable electors in general 1 to vote; 2 "ordinary voting hours" means the hours between 8 a.m. and 6 p.m.; 3 "overdue rate" has the meaning given by section 612 (Meaning of 4 "overdue rate"); 5 "owner" of land has the meaning given by section 5 (Meaning of "owner" 6 of land); 7 "pensioner" means a person receiving a pension, allowance or benefit 8 prescribed by regulation; 9 "perform work" includes take action to comply with a local government 10 Act; 11 "permissible company" has the meaning given by section 410 (Specific 12 enterprise powers); 13 "place" includes a vehicle; 14 "planning scheme" has the meaning given by the Local Government 15 (Planning and Environment) Act 1990; 16 "political party" means an organisation registered as a political party under 17 the Electoral Act 1992; 18 "polling booth" means-- 19 (a) an ordinary polling booth; or 20 (b) a mobile polling booth; or 21 (c) the place declared as a polling booth to enable an elector to cast a 22 declaration vote under section 298 (Declaration voting before 23 polling day); 24 "polling day", for an election, means the day-- 25 (a) specified in a notice under section 257 (Procedure if number of 26 candidates exceeds number required); or 27 (b) fixed by notice under section 259 (Procedure on death of 28 candidate when poll to be conducted); or 29 (c) fixed by a notice under section 262 (Extension of times); or 30 (d) fixed by a notice under section 288 (Adjournment of poll); 31

55 Local Government "postal ballot election" means an election for a local government area, a 1 division of a local government area or a part of a local government area 2 for which the Governor in Council has directed that the poll be 3 conducted by postal ballot; 4 "public office" of a local government means the premises kept as its public 5 office under section 37 (Site of public office); 6 "rate" means a rate or charge mentioned in section 559(1) (Power to make 7 and levy rates and charges), and includes any interest accrued, or 8 premium owing, on a rate or charge mentioned in the section; 9 "rateable land" has the meaning given by section 553 (What land is 10 rateable?); 11 "rating category" has the meaning given by section 579(2)(a) (Notice to 12 owner of categorisation); 13 "referable local government matter" has the meaning given by section 65 14 (Meaning of "referable local government matter"); 15 "registrar of titles" means a public official or authority responsible for 16 registering title to land and dealings affecting land; 17 "remuneration" of a councillor or member of a committee of a local 18 government includes-- 19 (a) any fees or allowances, or reimbursement of expenses, paid to the 20 councillor or member by the local government; and 21 (b) any benefit or entitlement provided to the councillor or member 22 by the local government; 23 "required number", in Chapter 8 (Local laws and local law policies), 24 means the number decided by the Minister; 25 "reviewable local government matter" has the meaning given by 26 section 64 (Meaning of "reviewable local government matter"); 27 "road" means-- 28 (a) an area of land dedicated to public use as a road; or 29 (b) an area that is open to or used by the public and is developed for, 30 or has as 1 of its main uses, the driving or riding of motor 31 vehicles; or 32

56 Local Government (c) a bridge, culvert, ferry, ford, tunnel or viaduct; or 1 (d) a pedestrian or bicycle path; or 2 (e) a part of an area, bridge, culvert, ferry, ford, tunnel, viaduct or 3 path mentioned in paragraphs (a) to (d); 4 but does not include a State-controlled road under the Transport 5 Infrastructure Act 1993; 6 "senior executive officer" of a local government means an employee of the 7 local government-- 8 (a) who reports directly to the chief executive officer; and 9 (b) whose position ordinarily would be considered to be a senior 10 position in the local government's corporate structure; 11 "separate charge" means a charge made and levied by a local government 12 on all rateable land in its area; 13 "separate rate" means a rate made and levied by a local government 14 equally on the unimproved value of all rateable land in its area; 15 "sign" a thing includes the making of a mark on the thing before someone 16 else who signs the thing as witness; 17 "special charge" means a charge made and levied by a local government 18 on some, but not all, rateable land in its area; 19 "special rate" means a rate made and levied by a local government-- 20 (a) on some, but not all, rateable land in its area; and 21 (b) equally on the unimproved value of all rateable land to which it 22 applies; 23 "State interest" for a local law, a provision of a local law or a proposed 24 local law, is-- 25 (a) an interest that, in the Governor in Council or Minister's opinion, 26 affects an economic, social or environmental interest of the State 27 or a region; or 28 (b) an interest in ensuring there is an efficient, effective and 29 accountable system of local government; or 30 (c) an interest prescribed by regulation; 31

57 Local Government "State land" has the meaning given by section 5(1) of the Land Act 1962; 1 "State office" of the department means the department's address 2 prescribed by regulation; 3 "structure" means anything built or constructed, whether or not attached to 4 land; 5 "territorial unit"-- 6 (a) for a local government--has the meaning given by section 24 7 (Territorial unit of local government); or 8 (b) for a joint local government--means its joint local government 9 area; 10 "time share scheme", for a structure or lot, means a scheme or 11 arrangement that is to operate for at least 3 years during which time the 12 participants in the scheme or arrangement are, or may become, entitled 13 to use, occupy or possess the structure or lot, or part of the structure or 14 lot, for 2 or more periods; 15 "Torres Strait Islander local government" means a body that has the 16 function of local government under the Community Services (Torres 17 Strait) Act 1984; 18 "unimproved value" of land for a financial year-- 19 (a) if the relevant local government has made a resolution under 20 section 555 (Local government may decide to average land values 21 for rating purposes) for the financial year--means the averaged 22 value of the land calculated under Chapter 10 (Rates and charges), 23 Part 1 (General), Division 2 (Averaging of valuations); or 24 (b) for a mining claim--is the amount specified under section 566 25 (Unimproved value of mining claims); or 26 (c) in any other case--has the meaning given by the Valuation of 27 Land Act 1944; 28 "utility charge" means a charge for the supply by a local government of 29 water, gas, sewerage or cleansing services to any land or structure; 30 "valuation authority" means the chief executive within the meaning of the 31 Valuation of Land Act 1944; 32 "voters roll", for an election, is the roll compiled by the returning officer of 33

58 Local Government persons entitled to vote at the election; 1 "voting hours", for voting at a mobile polling booth or declaration voting 2 at a place under section 298 (Declaration voting before polling day), 3 means the hours when electors may enter the booth or place to vote at 4 an election; 5 "watercourse" means a river, creek or channel where water flows 6 naturally. 7 of "owner" of land 8 Meaning 5.(1) An owner of land is the person who-- 9 (a) is entitled to receive the rent for the land; or 10 (b) would be entitled to receive the rent for the land if it were leased at 11 a rack-rent.1 12 (2) However, an owner does not include the State, but includes-- 13 (a) a registered proprietor of freehold land; and 14 (b) a purchaser of land to be held as freehold land that is being 15 purchased from the State under an Act; and 16 (c) a lessee of land held from the State, and a manager, overseer or 17 superintendent of the lessee who lives on the land; and 18 (d) a holder of-- 19 (i) a mining claim or lease; or 20 (ii) an area mentioned in clause 5 of Schedule 2 to the Mineral 21 Resources Act 1989; and 22 (e) a lease under the Petroleum Act 1923; and 23 (f) a lessee of land held from a government entity or local 24 government; and 25 (g) the holder of-- 26 (i) an occupation permit or stock grazing permit under the 27 1 Rack-rent of land is a rent for the land that is the highest possible rent for the land. It implies that the land is leased commercially.

59 Local Government Forestry Act 1959; or 1 (ii) a permission to occupy under the Land Act 1962; or 2 (iii) a permission to occupy from the Primary Industries 3 Corporation; and 4 (h) a licensee under an occupation licence or road licence under the 5 Land Act 1962; and 6 (i) for land on which there is a structure subject to a time share 7 scheme--the person notified to the local government concerned 8 as the person responsible for the administration of the scheme as 9 between participants in the scheme. 10 of "conclusion" of local government election 11 Meaning 6. The "conclusion" of the election of a councillor is-- 12 (a) if the councillor is elected at an election of all councillors of the 13 local government--the day on which the last declaration of a poll 14 conducted in the election is published as required by this Act; or 15 (b) if the councillor is elected at a by-election and-- 16 (i) a poll is conducted--the day on which the declaration of the 17 poll is published as required by this Act; or 18 (ii) a poll is not conducted--the day after the nomination day for 19 the by-election; or 20 (c) if, because the number of candidates nominated for election 21 is the same or less than the number of councillors to be 22 elected, the councillor is elected (other than at a by-election) 23 and-- 24 (i) 1 or more polls are conducted in the local government 25 area--the day on which the last declaration of a poll 26 conducted in the local government area is published as 27 required by this Act; or 28 (ii) no poll is conducted in the local government area--6 p.m. 29 on the day that a poll would have been required under this 30 Act to be conducted. 31

60 Local Government of "material personal interest" 1 Meaning 7.(1) A person has a "material personal interest" in an issue if the 2 person has, or should reasonably have, a realistic expectation that, whether 3 directly or indirectly, the person or an associate stands to gain a benefit or 4 suffer a loss depending on the issue's outcome. 5 (2) An "associate" is any of the following persons-- 6 (a) a spouse or other member of the person's household; 7 (b) an entity (other than a government entity) of which the person or 8 the person's nominee is a member; 9 (c) a partner of the person; 10 (d) an employer (other than a government entity) of the person; 11 (e) a person prescribed by regulation. 12 (3) However, a person does not have a material personal interest in an 13 issue-- 14 (a) if the issue is about-- 15 (i) the remuneration of councillors or members of a local 16 government committee; or 17 (ii) salary, wages or other remuneration of local government 18 employees; or 19 (iii) the terms on which goods, services or facilities are to be 20 offered by the local government for use or enjoyment of the 21 public in its area; or 22 (iv) the making of a rate or the levying of a rate or a general 23 charge by the local government; or 24 (v) a planning scheme of general application in the local 25 government's area; or 26 (vi) provision of superannuation entitlements or accident 27 insurance for councillors or employees of the local 28 government; or 29 (b) if the interest is merely-- 30 (i) as an elector, ratepayer or resident of the local government's 31 area; or 32

61 Local Government (ii) as a user of goods, services or facilities supplied, or to be 1 supplied, by the local government (whether under a contract 2 or otherwise) as a member of the public in common with 3 other members of the public; or 4 (iii) as a member of a non-profit, charitable or religious 5 organisation involving no personal gain or loss to the 6 person; or 7 (iv) as a member of another entity in which the member does not 8 have personal financial interest; or 9 (c) merely because the person-- 10 (i) is an employee of the State or a government entity; or 11 (ii) is a candidate for election or appointment as mayor or 12 deputy mayor of the local government or chairperson, 13 deputy chairperson, member or delegate member of any of 14 its committees; or 15 (iii) may become entitled to benefits under a policy of accident 16 insurance, public liability or professional indemnity 17 insurance held, or to be held, by the local government. 18 of "open to inspection" 19 Meaning 8.(1) If a document is "open to inspection"-- 20 (a) if it is a document of a local government--it must be held in the 21 local government's public office; and 22 (b) if it is a document of another entity--it must be held in an office 23 of the entity that is open to the public. 24 (2) If a person is authorised under this Act to inspect the document, the 25 person may, free of charge and at any time when the office in which the 26 document is held is open for business-- 27 (a) inspect the document; and 28 (b) make copies of, or take extracts from, the document. 29 (3) The following persons are authorised to inspect the document-- 30 (a) if this Act specifies a description of person who may inspect the 31

62 Local Government document--the person and the person's agents; 1 (b) in another case--all persons. 2 (4) The person (the "custodian") who has the custody of the document 3 is not required to supply any facility or service to a person in making a copy 4 of, or taking an extract from, the document. 5 (5) However, if the custodian supplies a facility or service to a person in 6 making a copy or extract, the custodian may charge a reasonable fee for the 7 facility or service. 8 PART 4--APPLICATION OF ACT TO BRISBANE 9 CITY COUNCIL 10 applies only so far as expressly provided 11 Act 9.(1) This Act applies to the Brisbane City Council only so far as is 12 expressly provided by this or another Act. 13 (2) The provisions of this Act that apply to the Brisbane City Council 14 include the following-- 15 � Chapter 2 (The local government system) 16 � Part 1 (Local governments), Divisions 2 (Roles of local 17 governments) and 3 (Jurisdiction of local government) 18 � Part 2 (Joint local governments) 19 � Part 3 (Joint action by local governments) 20 � Chapter 3 (Interaction with the State) 21 � Part 1 (Review of local government matters) 22 � Part 3 (Local Government Grants Commission) 23 � Chapter 4 (Local government councillors) 24 � Part 1 (Membership of local governments) 25 � Part 3 (Entitlements and obligations), Division 2 26 (Obligations of councillors) 27

63 Local Government � Part 4 (Vacancies in membership of local governments) 1 � section 244 (Qualification for nomination) 2 � section 245 (Prohibition of dual candidature) 3 � section 246 (Leave to local government employee to contest 4 election) 5 � Chapter 6 (General operation of local governments) 6 � Part 4 (Enterprises) 7 � Chapter 8 (Local laws and local law policies) 8 � Chapter 9 (Local government infrastructure) 9 � Chapter 10 (Rates and charges) 10 � Part 1 (General), Division 2 (Averaging of valuations) 11 � Part 7 (Recovery of rates) 12 � Chapter 11 (Provisions aiding local government) 13 � Chapter 14 (Transitional and savings provisions, repeals and 14 amendments) 15 � Part 1 (Transitional and savings provisions) 16 � Division 7 (Local laws and local law policies) 17 � section 781 (Realignment of roads) 18 � section 783 (Foreshores and bathing reserves) 19 � section 788 (Saving of averaged land values for rating 20 purposes) 21 � section 789 (Saving of proceedings to recover overdue 22 rates) 23 � section 790 (Saving of action to sell or acquire land for 24 overdue rates) 25 � section 798 (Transitional regulations). 26 (3) If the Brisbane City Council is or is to become a component local 27 government in a joint local government, this Act applies to the Brisbane 28 City Council as a component local government as if it were a local 29 government. 30

64 Local Government local government Acts apply to Brisbane City Council 1 How 10. If a provision of a local government Act applies to the Brisbane City 2 Council-- 3 (a) a reference in the provision-- 4 (i) to a local government area includes a reference to the City of 5 Brisbane; and 6 (ii) to a local government includes a reference to the Brisbane 7 City Council; and 8 (iii) to a division of a local government area includes a reference 9 to a ward of the City of Brisbane; and 10 (iv) to the chief executive officer of a local government includes 11 a reference to the town clerk of the Brisbane City Council; 12 and 13 (v) to the operating fund of a local government includes a 14 reference to the City Fund; and 15 (vi) to a local government Act includes the City of Brisbane Act 16 1924; and 17 (b) the provision applies with all necessary changes and any changes 18 prescribed by regulation. 19 PART 5--APPLICATION OF ACT TO JOINT LOCAL 20 GOVERNMENTS 21 applies except so far as application displaced 22 Act 11.(1) This Act applies to a joint local government except so far as its 23 application is displaced by a contrary intention. 24 (2) The provisions of this Act that apply only to a joint local government 25 include the following-- 26 � Chapter 2 (The local government system) 27 � Part 2 (Joint local governments) 28

65 Local Government � section 115 (Abolition of joint local government area) 1 � Chapter 4 (Local government councillors) 2 � Part 5 (Membership of joint local governments) 3 � Chapter 7 (Financial operation and accountability of local 4 governments) 5 � Part 10 (Joint local governments) 6 � section 711(3) (Concurrent employment of local government 7 employees). 8 (3) Other provisions that affect the application of this Act to a joint local 9 government include the following-- 10 � section 62 (Local government does not include joint local 11 government in Part) 12 � section 64(3) to (5) (Meaning of "reviewable local government 13 matter"). 14 Act applies to joint local governments 15 How 12.(1) Unless a contrary intention appears, a reference in this Act-- 16 (a) to a local government area includes a reference to a joint local 17 government area; and 18 (b) to a local government includes a reference to a joint local 19 government; and 20 (c) to the mayor of a local government includes a reference to the 21 president of a joint local government; and 22 (d) to the deputy mayor of a local government includes a reference to 23 the deputy president of a joint local government; and 24 (e) to a councillor of a local government includes a reference to a 25 member of a joint local government; and 26 (f) to the chief executive officer of a local government includes a 27 reference to the chief executive officer of a joint local government. 28 (2) This Act applies to a joint local government with all necessary 29 changes and any changes prescribed by regulation. 30

66 Local Government PART 6--APPLICATION OF ACT TO ABORIGINAL 1 AND TORRES STRAIT ISLANDER LOCAL 2 GOVERNMENTS 3 applies only so far as expressly provided 4 Act 13.(1) This Act applies to an Aboriginal or Torres Strait Islander local 5 government only so far as is expressly provided by this or another Act. 6 (2) The provisions of this Act that apply to an Aboriginal or Torres Strait 7 Islander local government include the following-- 8 � Chapter 2 (The local government system) 9 � Part 2 (Joint local governments) 10 � Part 3 (Joint action by local governments). 11 (3) If an Aboriginal or Torres Strait Islander local government is or is to 12 become a component local government in a joint local government, this Act 13 applies to the Aboriginal or Torres Strait Islander local government as a 14 component local government as if it were a local government established 15 under this Act. 16 Act applies to Aboriginal and Torres Strait Islander local 17 How governments 18 14. If a provision of this Act applies to an Aboriginal or Torres Strait 19 Islander local government-- 20 (a) a reference in the provision-- 21 (i) to a local government area includes a reference an Aboriginal 22 or Torres Strait Islander local government's area; and 23 (ii) to a local government includes a reference to an Aboriginal 24 or Torres Strait Islander local government; and 25 (iii) to the chief executive officer of a local government includes 26 a reference to the clerk of an Aboriginal Council or Island 27 Council; and 28 (b) the provision applies with all necessary changes and any changes 29 prescribed by regulation. 30

67 Local Government HAPTER 2--THE LOCAL GOVERNMENT 1 C SYSTEM 2 PART 1--LOCAL GOVERNMENTS 3 1--Local government areas 4 Division 5 Areas 15. The local government area provides the fundamental geographical 6 limitation on which Queensland's local government system is based. 7 of local government areas 8 Declaration 16.(1) A regulation may declare a part of the State to be a local 9 government area.2 10 (2) The regulations may not declare more than 1 local government area 11 for a part of the State. 12 government required for each local government area 13 Local 17. There must be a local government for each local government area. 14 of classes of local government areas 15 Declaration 18.(1) A regulation may declare the class of a local government area.3 16 (2) The class of a local government area may be 1 of the following-- 17 � city 18 2 This is a reviewable local government matter and requires a report and recommendation by the Commissioner before implementation. 3 This is a reviewable local government matter and requires a report and recommendation by the Commissioner before implementation.

68 Local Government � town 1 � shire. 2 (3) A local government area may be declared to be a city or town only if 3 it satisfies the criteria prescribed by regulation. 4 Division 2--Roles of local governments 5 to Brisbane City Council 6 Application 19. This Division applies to the Brisbane City Council. 7 of local government 8 Roles 20. In exercising its jurisdiction of local government, a local government 9 has-- 10 (a) a law-making role for local laws; and 11 (b) an executive role for-- 12 (i) adoption and implementation of policy; and 13 (ii) administration of local government; and 14 (iii) enforcement of its local laws. 15 Division 3--Jurisdiction of local governments 16 to Brisbane City Council 17 Application 21. This Division applies to the Brisbane City Council. 18 of jurisdiction for its local government area--the "basic 19 Exercise territorial unit" 20 22.(1) A local government may exercise the jurisdiction of local 21 government for all parts of its local government area. 22 (2) Its local government area is its "basic territorial unit". 23

69 Local Government of jurisdiction outside its local government area--the 1 Exercise "additional territorial units" 2 23. A local government also may exercise the jurisdiction of local 3 government for any place (an "additional territorial unit") outside its 4 basic territorial unit that is put under its control or acquired by it. 5 unit of local government 6 Territorial 24. The "territorial unit" of a local government consists of its basic 7 territorial unit and any additional territorial units. 8 of local government 9 Jurisdiction 25. Each local government has jurisdiction (the "jurisdiction of local 10 government") to make local laws for, and otherwise ensure, the good rule 11 and government of, its territorial unit. 12 matters included in jurisdiction of local government 13 Law-making 26.(1) A local government's jurisdiction of local government includes 14 jurisdiction to make local laws with respect to any matter-- 15 (a) required or permitted to be prescribed under this or another Act; 16 or 17 (b) necessary or convenient to be prescribed or exercised for carrying 18 out or giving effect to its local laws. 19 (2) To avoid any doubt, a local law may be made-- 20 (a) making it an offence to contravene a local law; and 21 (b) fixing a penalty for an offence against a local law (including 22 different penalties for successive offences against a local law) of 23 not more than 850 penalty units. 24 on exercise of jurisdiction for basic territorial unit 25 Limitation 27. A local government may not exercise the jurisdiction of local 26 government for a part of its basic territorial unit to the extent to which 27 another local government may exercise the jurisdiction of local government 28

70 Local Government for the part. 1 on exercise of jurisdiction for additional territorial units 2 Limitation 28. A local government may exercise the jurisdiction of local 3 government for an additional territorial unit only for the purpose for which 4 the place was put under its control or acquired by it. 5 laws apply to additional territorial units only if expressly 6 Local applied 7 29. A local government's local law applies to an additional territorial unit 8 of the local government only if the local law expressly states that it applies 9 to the additional territorial unit. 10 limitations on exercise of jurisdiction 11 General 30.(1) A local government has no jurisdiction to make a local law-- 12 (a) that the Parliament could not validly make; or 13 (b) purporting to exclude or limit the future repeal or amendment of 14 the law. 15 (2) A local government also has no jurisdiction to do anything else that 16 the State cannot do. 17 with State law 18 Inconsistency 31. If a State law and a local law (whether made before or after the State 19 law) are inconsistent, the State law prevails over the local law to the extent 20 of the inconsistency. 21 Division 4--Composition of local governments 22 of local governments 23 Membership 32. A local government consists of a mayor and other councillors. 24

71 Local Government of councillors 1 Number 33. A local government consists of the number of councillors, at least 5, 2 prescribed by regulation.4 3 Division 5--Names, legal status and general powers of local 4 governments 5 government name 6 Local 34. A local government may be called either-- 7 (a) `Council of the ... (insert City/Town/Shire) of ... (insert name of 8 local government area)'; or 9 (b) `... (insert name of local government area) ... (insert 10 City/Town/Shire) Council'. 11 governments are bodies corporate etc. 12 Local 35. A local government-- 13 (a) is a body corporate with perpetual succession; and 14 (b) has a common seal; and 15 (c) may sue and be sued in its name. 16 powers 17 General 36.(1) A local government has, in the exercise of its jurisdiction, all the 18 powers of an individual. 19 (2) A local government may, for example-- 20 (a) enter into contracts; and 21 (b) acquire, hold, deal with and dispose of property; and 22 (c) make charges for services and facilities it supplies; and 23 4 This is a reviewable local government matter and requires a report and recommendation by the Commissioner before implementation.

72 Local Government (d) do other things necessary or convenient to be done in the exercise 1 of its jurisdiction. 2 (3) A local government also has the powers given to it under this or 3 another Act. 4 (4) A local government may exercise its powers inside and outside its 5 territorial unit. 6 (5) A local government may exercise its powers outside the State and 7 outside Australia. 8 Division 6--Other provisions about local governments 9 of public office 10 Site 37.(1) A local government must keep premises for use as its public 11 office. 12 (2) The public office must be in the local government's area or within a 13 reasonable distance outside its area. 14 government's seal 15 Local 38.(1) A local government's common seal must include its name. 16 (2) The seal must be kept in the custody directed by the local government 17 and may be used only as authorised by it. 18 (3) The attaching of the seal to a document must be witnessed as 19 authorised by the local government. 20 (4) Judicial notice must be taken of the imprint of the seal appearing on a 21 document and the document must be presumed to have been properly 22 sealed unless the contrary is proved. 23 PART 2--JOINT LOCAL GOVERNMENTS 24 Division 1--Extended application of Part 25

73 Local Government to Brisbane City Council 1 Application 39. This Part applies to the Brisbane City Council. 2 to Aboriginal and Torres Strait Islander local 3 Application governments 4 40. This Part applies to all Aboriginal and Torres Strait Islander local 5 governments. 6 2--Consultation 7 Division before exercise of powers under Part 8 Consultation 41. Before the Governor in Council exercises a power under this Part, the 9 Minister must consult with the local governments that would be affected by 10 the exercise of the power and take any views expressed by them into 11 account. 12 Division 3--Joint local government areas 13 of joint local government areas 14 Declaration 42. A regulation may declare a part of the State consisting of the whole 15 or parts of 2 or more local government areas to be a joint local government 16 area. 17 4--Establishment of joint local governments 18 Division 19 Establishment 43.(1) A regulation may establish a joint local government for a joint 20 local government area. 21 (2) A regulation may establish 2 or more joint local governments for a 22 joint local government area, or part of a joint local government area, if the 23 joint local governments have different jurisdictions. 24

74 Local Government about establishment etc. 1 Matters 44. A regulation may, for a joint local government (the "joint body")-- 2 (a) specify its name; and 3 (b) provide for the election or appointment of a president and deputy 4 president of the joint body; and 5 (c) fix the time and place for holding the first meeting of the joint 6 body; and 7 (d) specify the proportion of the cost of the operations of the joint 8 body that must be contributed by each of its component local 9 governments; and 10 (e) specify that the first budget of the joint body be for a specified 11 part of a financial year; and 12 (f) provide for its initial local laws; and 13 (g) provide for any other matter for which-- 14 (i) it is necessary or convenient to provide for its establishment 15 or operation; and 16 (ii) this Act does not make provision or adequate provision. 17 5--Jurisdiction of joint local governments 18 Division generally 19 Jurisdiction 45. A joint local government has the jurisdiction of local government that 20 it is given by regulation. 21 exclusive 22 Jurisdiction 46.(1) A component local government may not exercise its jurisdiction 23 within its joint local government's area about a matter within the joint local 24 government's jurisdiction. 25 (2) However, the component local government may exercise jurisdiction 26 as a delegate of the joint local government. 27 (3) The component local government also may make and levy a rate on 28

75 Local Government land for a matter within its jurisdiction, even though-- 1 (a) the land is within its joint local government's area; and 2 (b) the purpose relates to a matter within the joint local government's 3 jurisdiction. 4 6--Membership of joint local governments 5 Division 6 Members 47. A joint local government consists of representatives of the local 7 governments that are its component local governments. 8 of representatives etc. 9 Number 48.(1) A regulation may specify the number of representatives to which 10 each component local government is entitled, either in its own right or as a 11 member of a group of local governments, on its joint local government. 12 (2) A regulation also may specify that a particular councillor of a 13 component local government must be a member of the joint local 14 government. 15 Division 7--Legal status and general powers of joint local governments 16 legal governments are bodies corporate etc. 17 Joint 49. A joint local government-- 18 (a) is a body corporate with perpetual succession; and 19 (b) has a common seal; and 20 (c) may sue and be sued in its name. 21 powers 22 General 50.(1) A joint local government has, in the exercise of its jurisdiction, all 23 the powers of an individual. 24

76 Local Government (2) A joint local government may, for example-- 1 (a) enter into contracts; and 2 (b) acquire, hold, deal with and dispose of property; and 3 (c) make charges for services and facilities it supplies; and 4 (d) do other things necessary or convenient to be done in the exercise 5 of its jurisdiction. 6 (3) A joint local government also has the powers given to it under this or 7 another Act. 8 (4) A joint local government may exercise its powers inside and outside 9 its territorial unit. 10 (5) A joint local government may exercise its powers outside the State 11 and outside Australia. 12 on power to make or levy rate 13 Restriction 51. A joint local government cannot make or levy a rate on land. 14 to component local governments 15 Delegation 52.(1) A joint local government may delegate its powers about a 16 component local government's area to the component local government. 17 (2) Subsection (1) does not limit by implication the persons to whom the 18 joint local government may make a delegation. 19 8--Other provisions about joint local governments 20 Division local government's seal 21 Joint 53.(1) A joint local government's common seal must include its name. 22 (2) The seal must be kept in the custody directed by the joint local 23 government and may be used only as authorised by it. 24 (3) The attaching of the seal to a document must be witnessed as 25 authorised by the joint local government. 26

77 Local Government (4) Judicial notice must be taken of the imprint of the seal appearing on a 1 document and the document must be presumed to have been properly 2 sealed unless the contrary is proved. 3 between joint local government and component local 4 Adjustments governments 5 54. A regulation may make provision with respect to-- 6 (a) transferring assets and liabilities-- 7 (i) to a joint local government--from its component local 8 governments; or 9 (ii) from a joint local government to a local government that has 10 ceased to be a component local government of it; and 11 (b) deciding, adjusting or settling anything in dispute between-- 12 (i) a joint local government and any of its component local 13 governments; or 14 (ii) a joint local government and a local government that has 15 ceased to be a component local government of it. 16 PART 3--JOINT ACTION BY LOCAL 17 GOVERNMENTS 18 Division 1--Extended application of Part 19 to Brisbane City Council 20 Application 55. This Part applies to the Brisbane City Council. 21 to Aboriginal and Torres Strait Islander local 22 Application governments 23 56. This Part applies to all Aboriginal and Torres Strait Islander local 24

78 Local Government governments. 1 2--Joint action 2 Division responsibility for boundary works 3 Joint 57.(1) The cost of planning, constructing, maintaining and managing a 4 bridge, road or other work that is to be, or is, built along the boundary 5 between 2 or more local government areas, and partly in each of the areas, 6 is the joint responsibility of the local governments of the areas. 7 (2) The local governments must enter into the arrangements, and make 8 the contracts, that are necessary for the proper performance of the 9 responsibility. 10 of operations outside local government area 11 Extension 58. A local government may, under arrangements entered into by it with 12 another local government, extend the operation of a facility, service or 13 activity supplied or undertaken by it into the other local government's area. 14 between local governments 15 Cooperation 59.(1) Local governments may enter into arrangements, and make 16 contracts, between themselves for exercising the jurisdiction of local 17 government in their areas. 18 (2) The local governments may establish standing or advisory 19 committees to exercise the jurisdiction of local government for matters to 20 which the arrangement or contract relates. 21 (3) A standing committee must consist of councillors from each of the 22 local governments. 23 cooperation 24 Interstate 60.(1) If a local government's area borders another State or a Territory, 25 the local government may-- 26 (a) enter into arrangements, and make contracts, with a person (the 27

79 Local Government "responsible person") responsible for any jurisdiction of local 1 government in an adjoining part of the other State or the Territory; 2 or 3 (b) acquire and hold land in the adjoining part and construct any 4 facility on the land; or 5 (c) contribute to the cost of the responsible person exercising its 6 jurisdiction of local government. 7 (2) The local government that holds property in another State or a 8 Territory for any purpose under subsection (1) may dispose of the property 9 when it is no longer required for the purpose. 10 (3) This section does not limit by implication the powers of a local 11 government. 12 CHAPTER 3--INTERACTION WITH THE STATE 13 ART 1--REVIEW OF LOCAL GOVERNMENT 14 P MATTERS 15 1--Preliminary 16 Division to Brisbane City Council 17 Application 61. This Part applies to the Brisbane City Council. 18 government does not include joint local government in this Part 19 Local 62. In this Part-- 20 "local government" does not include a joint local government. 21

80 Local Government of local government matters 1 Types 63. A local government matter is-- 2 (a) a reviewable local government matter; or 3 (b) a referable local government matter; or 4 (c) a combination of reviewable and referable local government 5 matters whether or not the matters can be separately identified as 6 reviewable or referable local government matters. 7 of "reviewable local government matter" 8 Meaning 64.(1) The following are "reviewable local government matters"-- 9 (a) creating a new local government area, including, for example, 10 creating a new local government area from-- 11 (i) 2 or more local government areas that are abolished; or 12 (ii) a local government area that is abolished and a part of 13 another local government area; or 14 (iii) a part of a local government area that is excluded from the 15 local government area; or 16 (iv) a part of the State that is not part of a local government area; 17 (b) naming a new local government area; 18 (c) changing the external boundaries of a local government area by 19 excluding part of the local government area and including the part 20 in another local government area; 21 (d) changing the name of a local government area; 22 (e) including in a local government area a part of the State that is not 23 part of a local government area; 24 (f) abolishing a local government area and merging the local 25 government area with another area; 26 (g) dividing, redividing and abolishing divisions of a local 27 government area; 28 (h) changing the boundaries of divisions of a local government area 29 by-- 30

81 Local Government (i) excluding part of a division and including the part in another 1 division of the local government area; or 2 (ii) creating a new division of the local government area; 3 (i) assigning and reassigning councillors of a local government to 4 divisions of its area; 5 (j) deciding and changing the class of a local government area; 6 (k) deciding and changing the composition of a local government; 7 (l) anything else relating to local government declared by regulation 8 to be a reviewable local government matter. 9 (2) A reviewable local government matter includes-- 10 (a) any aspect of a matter mentioned in subsection (1); and 11 (b) a particular proposal about a matter, or an aspect of a matter, 12 mentioned in subsection (1). 13 (3) A reviewable local government matter does not include a matter 14 relating to-- 15 (a) the creation, naming, abolition or area of a joint local government; 16 or 17 (b) the composition of a joint local government. 18 (4) A matter (the "relevant matter") relating to a local government area, 19 the whole or part of which is in a joint local government's area, may be a 20 reviewable local government matter although its implementation would, 21 apart from subsection (5), affect a matter mentioned in subsection (3)(a) or 22 (b). 23 (5) If the relevant matter is a reviewable local government matter, 24 implementation of the relevant matter does not affect the existence or extent 25 of a joint local government's area or the composition of a joint local 26 government. 27 (6) In this section-- 28 "local government area" includes a proposed local government area. 29

82 Local Government of "referable local government matter" 1 Meaning 65.(1) A "referable local government matter" is a local government 2 matter-- 3 (a) that is not a reviewable local government matter; or 4 (b) so far as it is not a reviewable local government matter. 5 (2) A referable local government matter may be, but is not required to be, 6 referred to the Commissioner before implementation. 7 2--The Local Government Commissioner 8 Division A--Establishment 9 Subdivision Government Commissioner 10 Local 66. There is to be a Local Government Commissioner. 11 Subdivision B--Functions of Commissioner 12 local government matters 13 Reviewable 67. The Commissioner must examine, and report and make 14 recommendations to the Minister on, each reviewable local government 15 matter referred to the Commissioner by the Minister. 16 local government matters 17 Referable 68. The Commissioner also must examine, and report and make 18 recommendations to the Minister on, each referable local government 19 matter referred to the Commissioner by the Minister. 20 Subdivision C--References to Commissioner 21

83 Local Government may refer matters 1 Minister 69. The Minister may refer to the Commissioner any local government 2 matter. 3 of permissible references 4 Examples 70.(1) A reference to the Commissioner may, for example, deal with-- 5 (a) both a reviewable local government matter and a referable local 6 government matter; or 7 (b) a local government matter that includes a reviewable local 8 government matter. 9 (2) A reference need not separately identify a reviewable local 10 government matter dealt with in, or included in a local government matter 11 dealt with in, the reference. 12 (3) A reference may deal with any local government matter in-- 13 (a) general or specific terms; or 14 (b) a combination of general and specific terms. 15 (4) A reference may specify a local government matter in any way. 16 (5) A reference may, for example, specify a local government matter 17 by-- 18 (a) naming the local governments the reference directly affects; or 19 (b) describing in a suitable way the geographical area to which the 20 reference relates; or 21 (c) specifying with reasonable certainty things that are, or are not, 22 included in the reference. 23 Examples of suitable ways of describing a geographical area-- 24 25 1. By reference to real property descriptions. 26 2. By reference to a map or plan held by an entity, or to a particular entry in a 27 register kept by an entity, if the map, plan or register is available for inspection by 28 the public. 29 3. By reference to a region of the State that is identified, or can be decided, with 30 reasonable certainty.

84 Local Government 1 4. By reference to areas of named local governments. 2 5. By reference to a part of the area of a named local government that is 3 identified, or can be decided, with reasonable certainty. (6) A reference may make the reference of a local government matter 4 contingent on a recommendation the Commissioner proposes to make on 5 another local government matter. 6 of reviewable local government matters to be tabled etc. 7 References 71. The Minister must-- 8 (a) table a copy of each reference of a reviewable local government 9 matter given to the Commissioner in the Legislative Assembly 10 within 7 sitting days; and 11 (b) give a copy of the reference to each local government mentioned 12 in the reference. 13 of referable local government matters may be tabled etc. 14 References 72. The Minister may-- 15 (a) table a copy of a reference of a referable local government matter 16 given to the Commissioner in the Legislative Assembly; and 17 (b) give a copy of the reference to the local governments the Minister 18 considers appropriate. 19 by Commissioner for reference 20 Request 73.(1) The Commissioner may ask the Minister to refer a reviewable 21 local government matter to the Commissioner. 22 (2) The request must include reasons for the request. 23 (3) As soon as possible after receiving the request, the Minister must-- 24 (a) refer the matter to the Commissioner; or 25 (b) advise the Commissioner that the matter will not be referred. 26 (4) The Minister must table a copy of the request, and the reference or 27 advice, in the Legislative Assembly within 7 sitting days after giving the 28

85 Local Government reference or advice. 1 3--Reports on reviewable local government matters 2 Division Subdivision A--Report necessary before implementation 3 must be obtained before implementation of reviewable local 4 Report government matter 5 74. A report and recommendation from the Commissioner must be 6 obtained before any action is taken to implement a reviewable local 7 government matter. 8 Subdivision B--Making of reports by Commissioner 9 must have regard to prescribed principles and criteria 10 Commissioner 75.(1) When considering a reviewable local government matter, the 11 Commissioner must have regard to the principles and criteria that may be 12 prescribed by regulation. 13 (2) If the matter relates to the external boundaries of a local government 14 area, the Commissioner also must have regard to the need to ensure the 15 provision of efficient and effective local government in the area. 16 of impact of certain proposals 17 Assessment 76.(1) If the Commissioner proposes to recommend to the Minister that 18 a reviewable local government matter mentioned in section 64(1)(a), (c), (e) 19 or (f) (Meaning of "reviewable local government matter") be implemented, 20 the Commissioner must examine, and report and make recommendations 21 to the Minister on-- 22 (a) the apportionment of assets and liabilities between the local 23 governments concerned; and 24 (b) the application of existing local laws; and 25 (c) the preservation of-- 26

86 Local Government (i) valuations of rateable land affected by the change; and 1 (ii) rates levied on rateable land affected by the change; and 2 (iii) any existing debentures issued by the local governments; 3 and 4 (d) the rationalisation of staff of the local governments because of the 5 change; and 6 (e) anything else prescribed by regulation. 7 (2) In this section-- 8 "local law" includes a planning scheme and interim development control 9 provisions. 10 notice of proposed recommendation to implement reviewable 11 Public local government matter 12 77.(1) If the Commissioner proposes to recommend in a report that a 13 reviewable local government matter be implemented, the Commissioner 14 must first give public notice, by advertisement published at least once in-- 15 (a) the Gazette; and 16 (b) a newspaper circulating generally in local government areas that 17 would be affected by the matter if it were implemented. 18 (2) The notice must specify-- 19 (a) the general effect of the proposed recommendation; and 20 (b) that particulars of the proposed recommendation, including 21 reasons, views and any relevant maps, are open to inspection at-- 22 (i) the office of the Commissioner at Brisbane; and 23 (ii) the public office of each local government that would be 24 affected by the matter if it were implemented; and 25 (c) that submissions about the proposed recommendation-- 26 (i) may be made, in writing, to the Commissioner at a specified 27 address; and 28 (ii) must specify the grounds of the submission and the facts 29 and circumstances relied on in support of the grounds; and 30

87 Local Government (d) a specified day on or before which the particulars may be 1 inspected and submissions made. 2 (3) The specified day must not be earlier than 30 days after-- 3 (a) the publication of the advertisement in the Gazette; or 4 (b) the publication, or first publication, of the advertisement in the 5 newspaper; 6 whichever is the later. 7 (4) As soon as practicable after the publication of the advertisement in the 8 Gazette, the Commissioner must give a copy of the particulars mentioned in 9 subsection (2)(b) to each local government that would be affected by the 10 matter if it were implemented. 11 (5) The particulars are open to inspection at the local government's public 12 office until the day after the specified day. 13 role when submissions received 14 Commissioner's 78.(1) The Commissioner must consider all submissions properly made 15 about a proposed recommendation that a reviewable local government 16 matter be implemented. 17 (2) The Commissioner may amend the proposed recommendation to 18 take account of the submissions. 19 (3) However, the Commissioner may substantially amend the proposed 20 recommendation only if the Commissioner gives public notice of the 21 amended proposed recommendation under section 77 (Public notice of 22 proposed recommendation to implement reviewable local government 23 matter). 24 of Commissioner's report 25 Requirements 79. The Commissioner's report to the Minister on a reference of a 26 reviewable local government matter must-- 27 (a) include reasons for the recommendations and views contained in 28 the report; and 29 (b) include a summary of the submissions made to the 30

88 Local Government Commissioner on the matter; and 1 (c) be accompanied by copies of the submissions. 2 4--Inquiries by Commissioner 3 Division Subdivision A--General 4 may decide to hold inquiry 5 Commissioner 80.(1) In considering a reference that deals with a reviewable local 6 government matter, the Commissioner may decide to hold an inquiry under 7 this Division. 8 (2) This Division may apply to a reference whether or not it deals with-- 9 (a) both a reviewable local government matter and a referable local 10 government matter; or 11 (b) a local government matter that includes a reviewable local 12 government matter. 13 of decision to hold inquiry 14 Notice 81. Before starting the inquiry, the Commissioner must-- 15 (a) publish in a newspaper circulating in the areas of the local 16 governments concerned a notice outlining the processes to be 17 followed in the inquiry; and 18 (b) give a copy of the notice to the local governments. 19 Subdivision B--Conduct of inquiries 20 meaning of "Commissioner" in Subdivision 21 Extended 82. In this Subdivision-- 22 "Commissioner" includes a Deputy Commissioner holding an inquiry on 23 a direction given by the Commissioner. 24

89 Local Government duties on inquiry 1 Commissioner's 83. When conducting an inquiry, the Commissioner-- 2 (a) must observe natural justice; and 3 (b) must act as quickly as possible, and with as little formality and 4 technicality as is consistent with a fair and proper consideration of 5 the issues. 6 may decide procedures 7 Commissioner 84.(1) The Commissioner-- 8 (a) is not bound by the rules of evidence; and 9 (b) may inform himself or herself in any way the Commissioner 10 considers appropriate; and 11 (c) may decide the procedures to be followed at an inquiry. 12 (2) However, the Commissioner must comply with this Subdivision and 13 any procedural rules prescribed by regulation. 14 may attend 15 Public 85. The Commissioner must allow members of the public to attend an 16 inquiry. 17 powers on inquiry 18 Commissioner's 86.(1) In conducting an inquiry, the Commissioner may-- 19 (a) act in the absence of a person who has been given reasonable 20 notice; and 21 (b) receive evidence on oath or affirmation or by statutory 22 declaration; and 23 (c) adjourn the inquiry; and 24 (d) permit a document to be amended; and 25 (e) disregard any defect, error, omission or insufficiency in a 26 document; and 27

90 Local Government (f) permit or refuse to permit a person (including a legal practitioner 1 enrolled in Queensland or elsewhere) to represent someone else at 2 the inquiry. 3 (2) The Commissioner may administer an oath or affirmation to a person 4 appearing as a witness before the inquiry. 5 to witness 6 Notice 87.(1) The Commissioner may, by written notice given to a person, 7 require the person to attend an inquiry at a specified time and place to give 8 evidence or produce specified documents. 9 (2) A person who is given a notice must-- 10 (a) attend as required by the notice; and 11 (b) continue to attend as required by the Commissioner until excused 12 from further attendance. 13 Maximum penalty--35 penalty units. 14 (3) A person required to appear as a witness before an inquiry is entitled 15 to the witness fees prescribed by regulation or, if no witness fees are 16 prescribed, the reasonable witness fees decided by the Commissioner. 17 of witness at inquiry 18 Duty 88.(1) A person appearing as a witness at an inquiry must not-- 19 (a) fail to take an oath or make an affirmation when required by the 20 Commissioner; or 21 (b) fail, without reasonable excuse, to answer a question the person is 22 required to answer by the Commissioner; or 23 (c) fail, without reasonable excuse, to produce a document the person 24 is required to produce by a notice under section 87(1) (Notice to 25 witness). 26 Maximum penalty--35 penalty units. 27 (2) It is a reasonable excuse for a person to fail to answer a question or 28 produce a document if answering the question or producing the document 29 might tend to incriminate the person. 30

91 Local Government of Commissioner 1 Contempt 89. A person must not-- 2 (a) insult the Commissioner in an inquiry; or 3 (b) deliberately interrupt an inquiry; or 4 (c) create or continue, or join in creating or continuing, a disturbance 5 in or near a place where the Commissioner is conducting an 6 inquiry; or 7 (d) do anything that would be a contempt of court if the 8 Commissioner were a Judge acting judicially. 9 Maximum penalty--50 penalty units. 10 of person holding inquiry 11 Change 90. An inquiry is not affected by a change in the person holding the 12 inquiry. 13 5--Provisions about Commissioner and Deputy 14 Division Commissioners 15 Commissioners 16 Deputy 91. There may be 1 or more Deputy Commissioners to help the 17 Commissioner. 18 of Deputy Commissioners 19 Role 92.(1) A Deputy Commissioner is to hold the inquiries, and perform the 20 other duties, that the Commissioner directs. 21 (2) The Deputy Commissioner, or, if there are 2 or more Deputy 22 Commissioners, the Deputy Commissioner who is directed by the 23 Minister, is to act as the Commissioner-- 24 (a) during any vacancy, or all vacancies, in the office of the 25 Commissioner; or 26 (b) during any period, or all periods, when the Commissioner is 27

92 Local Government absent from duty or Australia or cannot, for another reason, 1 perform the functions of the office; or 2 (c) for any matter, or all matters, in which the Commissioner has a 3 potential conflict of interest. 4 of Commissioners 5 Appointment 93.(1) The Commissioner and Deputy Commissioners are to be 6 appointed by the Governor in Council. 7 (2) The Governor in Council may appoint a person as the Commissioner 8 or a Deputy Commissioner only if, in the Governor in Council's opinion, 9 the person has had appropriate experience in local government or other 10 relevant experience. 11 (3) A person who is a member of a political party may not be appointed 12 as the Commissioner or a Deputy Commissioner. 13 (4) The Commissioner must only be appointed on a full-time basis. 14 (5) A Deputy Commissioner may be appointed on a full-time or 15 part-time basis. 16 (6) The Commissioner or a Deputy Commissioner is to be appointed for 17 a term of not longer than 5 years. 18 (7) The Public Service Management and Employment Act 1988 does not 19 apply to the appointment of the Commissioner or a Deputy Commissioner. 20 entitlements as officer of the public service 21 Accrued 94. If an officer of the public service is appointed as a commissioner on a 22 full-time basis, the person-- 23 (a) keeps the entitlements that have accrued to the person because of 24 employment in the public service; and 25 (b) continues to accrue entitlements as if the person were continuing 26 to serve as an officer of the public service. 27

93 Local Government of appointment 1 Terms 95.(1) The Commissioner or a Deputy Commissioner is entitled to be 2 paid the remuneration and allowances that the Governor in Council decides. 3 (2) The Commissioner or a Deputy Commissioner holds office on other 4 terms not provided in this Act as the Governor in Council decides. 5 of absence 6 Leave 96. The Minister may give leave of absence to the Commissioner or a 7 Deputy Commissioner on the terms decided by the Minister. 8 9 Resignation 97. The Commissioner or a Deputy Commissioner may resign by giving 10 a signed notice of resignation to the Minister. 11 of interests 12 Conflict 98.(1) This section applies if the Commissioner or a Deputy 13 Commissioner-- 14 (a) has a direct or indirect financial interest in an issue; or 15 (b) could reasonably be otherwise regarded as having a conflict of 16 interest in an issue. 17 (2) As soon as practicable after the person becomes aware of the 18 application of this section to the issue, the person must inform the Minister. 19 (3) The person must not take part, or take further part, in any 20 consideration of the issue. 21 of appointment 22 Termination 99.(1) The Governor in Council may terminate the appointment of the 23 Commissioner or a Deputy Commissioner for misbehaviour or physical or 24 mental incapacity. 25 (2) The Governor in Council must terminate the appointment of the 26 Commissioner or a Deputy Commissioner if the person-- 27

94 Local Government (a) nominates for election to an Australian Parliament; or 1 (b) becomes a member of a political party; or 2 (c) becomes bankrupt, applies to take the benefit of a law for the 3 relief of bankrupt or insolvent debtors, compounds with creditors 4 or makes an assignment of remuneration for their benefit; or 5 (d) if appointed on a full-time basis-- 6 (i) is absent for 14 consecutive days, or 28 days in 1 year, 7 without the Minister's leave or a reasonable excuse; or 8 (ii) engages in paid employment outside the duties of the office 9 without the Minister's approval; or 10 (e) contravenes section 98 (Conflict of interests) without reasonable 11 excuse. 12 (3) The Governor in Council must terminate the appointment of the 13 Commissioner or a Deputy Commissioner if the person nominates for 14 election to a local government or accepts appointment as a local government 15 councillor. 16 Deputy Commissioner 17 Acting 100. The Governor in Council may appoint a person to act as a Deputy 18 Commissioner during any period, or all periods, when a Deputy 19 Commissioner-- 20 (a) is absent from duty or Australia; or 21 (b) is acting as the Commissioner; or 22 (c) cannot, for another reason, perform the office's duties. 23 of appointment 24 Notice 101. Notice of the appointment of a person as, or to act as, the 25 Commissioner or a Deputy Commissioner must be published in the 26 Gazette. 27 6--General 28 Division

95 Local Government and administrative support 1 Staff 102.(1) The Commissioner is attached to the Electoral Commission. 2 (2) The Electoral Commission must ensure that the Commissioner has 3 the staff and administrative support services required to carry out the 4 Commissioner's functions effectively and efficiently. 5 report 6 Annual 103.(1) As soon as practicable, but no later than 4 months, after the end 7 of each financial year, the Commissioner must give to the Minister a report 8 of the Commissioner's operations for the year. 9 (2) The Minister must table a copy of the report in the Legislative 10 Assembly within 7 sitting days after receiving it. 11 on reviewable local government matters to be tabled etc. 12 Reports 104.(1) In this section-- 13 "report" means a report on a reference of a reviewable local government 14 matter. 15 (2) The Minister must table a copy of a report in the Legislative 16 Assembly within 7 sitting days after receiving it. 17 (3) The Minister also must ensure that copies of the report are open to 18 inspection, and available for purchase, at-- 19 (a) the department's State office; and 20 (b) the public office of each local government that would be directly 21 affected by the report's implementation. 22 (4) The price of a copy of a report must not be more than-- 23 (a) the cost of having the copy printed and made available for 24 purchase; and 25 (b) if the copy is supplied to a purchaser by post--the cost of 26 postage. 27

96 Local Government reports may be tabled etc. 1 Other 105. The Minister also may table a copy of, or make available for 2 inspection or purchase, a report of the Commissioner other than a report 3 mentioned in section 103 (Annual report) or 104 (Reports on reviewable 4 local government matters to be tabled etc.). 5 7--Implementing reviewable local government matters 6 Division of reviewable local government matter 7 Implementation 106.(1) A reviewable local government matter may be implemented by 8 regulation. 9 (2) A regulation may provide for-- 10 (a) holding, postponing or cancelling an election for a local 11 government area or a division of a local government area; or 12 (b) appointing a returning officer for an election; or 13 (c) recovering unpaid rates; or 14 (d) the application of budgets; or 15 (e) giving or keeping records; or 16 (f) matters the Commissioner is required to examine, and report and 17 make recommendations to the Minister on, under section 76(1)(a) 18 to (e) (Assessment of impact of certain proposals); or 19 (g) the giving of directions by the Governor in Council or the 20 Minister about a matter; or 21 (h) the transfer of assets and liabilities; or 22 (i) any other matter for which-- 23 (i) it is necessary or convenient to provide to implement the 24 reviewable local government matter; and 25 (ii) this Act does not make provision or adequate provision. 26 (3) A regulation under subsection (2)(a) applies despite the following 27 provisions-- 28 � section 218 (Date of later triennial elections) 29

97 Local Government � section 219 (Date of by-elections). 1 (4) Chapter 5 (Local government elections) applies to an election for the 2 implementation of a reviewable local government matter with all necessary 3 changes and any changes prescribed by regulation as if the election were a 4 triennial election of the appropriate type. 5 (5) In this section-- 6 "division" includes a proposed division; 7 "local government area" includes a proposed local government area. 8 before implementation 9 Requirement 107.(1) A reviewable local government matter may be implemented 10 under section 106 (Implementation of local government matter) only if the 11 Commissioner has complied with this Act in relation to the matter. 12 (2) For the purposes of subsection (1), strict compliance with this Act is 13 not necessary and substantial compliance is sufficient. 14 (3) A reviewable local government matter may be implemented only if 15 the Governor in Council is informed that-- 16 (a) proper regard has been had to a report and recommendation of the 17 Commissioner on the matter; and 18 (b) section 104 (Reports on reviewable local government matters to 19 be tabled etc.) has been, or will be, complied with in relation to 20 the report. 21 (4) The implementation of a reviewable local government matter-- 22 (a) may be different, but not substantially different, to the 23 implementation of the matter recommended by the 24 Commissioner; and 25 (b) may include, not include, or include in a different way, the 26 implementation of a referable local government matter 27 recommended by the Commissioner. 28

98 Local Government for State taxes 1 Liability 108.(1) A local government is not liable to pay a State tax in relation to a 2 transfer or other arrangement made to implement a local government matter 3 under this Division. 4 (2) In this section-- 5 "State tax" means stamp duty or another tax, fee, duty, levy or charge 6 imposed under an Act. 7 PART 2--INTERVENTION BY THE STATE 8 1--Powers of intervention 9 Division before exercise of certain powers 10 Procedures 109.(1) Before the Governor in Council or Minister exercises a power 11 under this Division in relation to a local government, the Minister must give 12 written notice of the proposed exercise of the power to the local 13 government. 14 (2) However, notice need not be given if-- 15 (a) the power is proposed to be exercised at the local government's 16 request; or 17 (b) in the Minister's opinion, giving notice-- 18 (i) is likely to defeat the purpose of the proposed exercise of the 19 power; or 20 (ii) would serve no useful purpose. 21 (3) The notice must state-- 22 (a) the reasons for the proposed exercise of power; and 23 (b) a time within which the local government may make submissions 24 to the Minister about the proposed exercise of power. 25 (4) Reasons stated in the notice are the only reasons that can be relied on 26 in support of the exercise of the power. 27 (5) The Minister must have regard to all submissions made by the local 28

99 Local Government government within the specified time. 1 (6) If-- 2 (a) the proposed exercise of power is to proceed despite submissions 3 of the local government; or 4 (b) no submissions of the local government are received by the 5 Minister within the specified time; 6 the power may be exercised without further notice to the local government. 7 and suspension of resolutions and orders 8 Revocation 110.(1) The Governor in Council may, by regulation-- 9 (a) revoke, or suspend the operation of, a resolution of a local 10 government or an order issued by a local government to give 11 effect to a resolution; and 12 (b) end the suspension of the resolution or order. 13 (2) The suspension may be for a specified period or indefinite. 14 of revocation or suspension 15 Effect 111.(1) A resolution or order of a local government that is revoked by 16 regulation-- 17 (a) ceases to have effect on the day specified by the regulation; or 18 (b) if no day is specified--is taken never to have had effect. 19 (2) A resolution or order of a local government whose operation is 20 suspended by a regulation does not have effect while it is suspended. 21 (3) The State is not legally liable for any loss or expense incurred by a 22 person because of the revocation or suspension by regulation of a local 23 government's resolution or order. 24 local laws 25 Overruling 112.(1) The Governor in Council may, by regulation, declare that a local 26 law, or a provision of a local law, ceases to have effect, if the Governor in 27 Council is of the opinion that it is necessary to make the declaration to 28

100 Local Government protect State interests. 1 (2) The Governor in Council may, by regulation, later declare that the 2 local law or provision again has effect, if the Governor in Council is of the 3 opinion that it is no longer necessary for the declaration under 4 subsection (1) to continue to have effect to protect State interests. 5 of local government 6 Dissolution 113.(1) The Governor in Council may, by regulation, dissolve a local 7 government if the Minister is satisfied that the local government-- 8 (a) has acted unlawfully or corruptly; or 9 (b) has acted in a way that puts at risk its capacity to exercise properly 10 its jurisdiction of local government ; or 11 (c) is incompetent or cannot properly exercise its jurisdiction of local 12 government. 13 (2) Subsection (1) is subject to section 55 of the Constitution Act 1867 14 (Manner of appointing persons to exercise powers, authorities, duties and 15 functions of local government). 16 (3) On dissolution of the local government-- 17 (a) the local government's councillors go out of office; and 18 (b) an administrator must be appointed; and 19 (c) the local government continues in existence as a body corporate 20 and is constituted by the administrator. 21 of part of local government area from Act 22 Exclusion 114.(1) The Governor in Council may, by regulation, declare that this 23 Act does not apply to a specified part of a local government's area. 24 (2) On the making of the declaration, the local government's local laws 25 and local law policies cease to apply to the specified part of its area. 26 (3) The Governor in Council may, by regulation, later declare that this 27 Act again applies to the specified part of the local government's area. 28 (4) On the making of the declaration, the local government's local laws 29

101 Local Government and local law policies again apply to the specified part of its area. 1 (5) Subsections (2) and (4) do not limit by implication the effect of a 2 declaration under this section. 3 (6) In this section-- 4 "local law" includes a planning scheme and interim development control 5 provisions. 6 of joint local government and its area 7 Abolition 115.(1) The Governor in Council may, by regulation, abolish a joint local 8 government and its area. 9 (2) A regulation may provide for-- 10 (a) the apportionment of the joint local government's assets and 11 liabilities among its component local governments; and 12 (b) any other matter for which it is necessary or convenient to make 13 provision on the dissolution of the joint local government. 14 Division 2--Inquiries, investigations and inspections 15 investigations and inspections by authorised persons 16 Inquiries, 116.(1) The chief executive of the department may appoint an officer of 17 the department or another appropriately qualified person (an "authorised 18 person") to conduct an inquiry, investigation or inspection about-- 19 (a) the functioning of local government in the State; or 20 (b) any matter relevant to the administration of this Act. 21 (2) However, subsection (1) does not permit the chief executive to 22 appoint a person to conduct an inquiry, investigation or inspection about a 23 reviewable local government matter. 24 (3) A local government must cooperate fully with an inquiry, 25 investigation or inspection by a person appointed under subsection (1). 26

102 Local Government on inquiries, investigations and inspections 1 Reports 117.(1) When an authorised person has completed the inquiry, 2 investigation or inspection for which the person was appointed, the 3 authorised person must, as quickly as possible, give the chief executive of 4 the department a written report on the inquiry, investigation or inspection. 5 (2) The Minister may table a copy of the report in the Legislative 6 Assembly. 7 executive may request information from local government 8 Chief 118.(1) The chief executive of the department may, by written notice, 9 request a local government to give to the chief executive information in 10 writing about anything within its jurisdiction of local government. 11 (2) The request must specify a reasonable time within which the 12 information must be given to the chief executive. 13 (3) The local government must comply with the request. 14 Maximum penalty for subsection (3)--35 penalty units. 15 3--Conduct of inquiries 16 Division person's duties on inquiry 17 Authorised 119. When conducting an inquiry, an authorised person-- 18 (a) must observe natural justice; and 19 (b) must act as quickly as possible, and with as little formality and 20 technicality as is consistent with a fair and proper consideration of 21 the issues. 22 person may decide procedures 23 Authorised 120.(1) The authorised person-- 24 (a) is not bound by the rules of evidence; and 25 (b) may inform himself or herself in any way the authorised person 26 considers appropriate; and 27

103 Local Government (c) may decide the procedures to be followed at the inquiry. 1 (2) However, the authorised person must comply with this Division and 2 any procedural rules prescribed by regulation. 3 may attend 4 Public 121. The authorised person must allow members of the public to attend 5 the inquiry. 6 person's powers on inquiry 7 Authorised 122.(1) In conducting the inquiry, the authorised person may-- 8 (a) act in the absence of a person who has been given reasonable 9 notice; and 10 (b) receive evidence on oath or affirmation or by statutory 11 declaration; and 12 (c) adjourn the inquiry; and 13 (d) permit a document to be amended; and 14 (e) disregard any defect, error, omission or insufficiency in a 15 document; and 16 (f) permit or refuse to permit a person (including a legal practitioner 17 enrolled in Queensland or elsewhere) to represent someone else at 18 the inquiry. 19 (2) The authorised person may administer an oath or affirmation to a 20 person appearing as a witness before the inquiry. 21 to witness 22 Notice 123.(1) The authorised person may, by written notice given to a person, 23 require the person to attend at a specified time and place to give evidence or 24 produce specified documents. 25 (2) A person who is given a notice must-- 26 (a) attend as required by the notice; and 27 (b) continue to attend as required by the authorised person until 28

104 Local Government excused from further attendance. 1 Maximum penalty--35 penalty units. 2 (3) A person required to appear as a witness before an inquiry is entitled 3 to the witness fees prescribed by regulation or, if no witness fees are 4 prescribed, the reasonable witness fees decided by the authorised person. 5 of witness at inquiry 6 Duty 124.(1) A person appearing as a witness at the inquiry must not-- 7 (a) fail to take an oath or make an affirmation when required by the 8 authorised person; or 9 (b) fail, without reasonable excuse, to answer a question the person is 10 required to answer by the authorised person; or 11 (c) fail, without reasonable excuse, to produce a document the person 12 is required to produce by a notice under section 123(1) (Notice to 13 witness). 14 Maximum penalty--35 penalty units. 15 (2) It is a reasonable excuse for a person to fail to answer a question or 16 produce a document if answering the question or producing the document 17 might tend to incriminate the person. 18 of authorised person 19 Contempt 125. A person must not-- 20 (a) insult the authorised person in the inquiry; or 21 (b) deliberately interrupt an inquiry; or 22 (c) create or continue, or join in creating or continuing, a disturbance 23 in or near a place where the authorised person is conducting the 24 inquiry; or 25 (d) do anything that would be a contempt of court if the authorised 26 person were a Judge acting judicially. 27 Maximum penalty--50 penalty units. 28

105 Local Government of authorised person 1 Change 126. An inquiry is not affected by a change in the authorised person 2 holding the inquiry. 3 Division 4--Administrators 4 administrator may be appointed 5 When 127. If a local government is dissolved under section 113 (Dissolution of 6 local government), the Governor in Council must, by Gazette notice, 7 appoint a person as administrator of the local government. 8 powers and duties of administrator 9 Jurisdiction, 128.(1) The administrator of a local government has all the jurisdiction, 10 powers and duties of the local government concerned. 11 (2) However-- 12 (a) a regulation may limit the jurisdiction, powers and duties of the 13 administrator; and 14 (b) the administrator does not have a duty of a local government 15 appropriate only to a body of persons. 16 (3) If the mayor of a local government is required or permitted by law to 17 exercise a power, the administrator is required or permitted to exercise the 18 power instead of the mayor. 19 (4) This Act and other Acts apply to the administrator, with all necessary 20 changes and any changes prescribed by regulation, as if the administrator 21 were the local government. 22 of administrator 23 Title 129. For the purpose of exercising the jurisdiction of local government, 24 the title of an administrator is `Administrator of the ... (name of the local 25 government).'. 26

106 Local Government to help administrator 1 Committee 130.(1) When an administrator is appointed, the Minister may appoint a 2 committee of persons to help the administrator in exercising the jurisdiction 3 of local government of the local government concerned. 4 (2) A person may be appointed as a member of a committee for a limited 5 time or indefinitely. 6 (3) The administrator is chairperson of the committee and must preside 7 at every meeting of the committee at which the administrator is present. 8 (4) If, because of absence or incapacity, the administrator cannot perform 9 the functions of chairperson of the committee, the other members of the 10 committee must appoint a member to act as chairperson at meetings of the 11 committee until the Administrator is able to perform the functions. 12 of appointment as administrator or member of committee 13 Conditions 131.(1) An administrator or a member of a committee is entitled to the 14 fees, allowances and expenses decided by the Governor in Council. 15 (2) The fees, allowances and expenses are payable by the local 16 government concerned. 17 (3) An officer of the public service who is appointed as an administrator 18 or as a member of a committee may hold the appointment as well as the 19 public service office. 20 of amounts from local governments 21 Recovery 132.(1) The Governor in Council may direct a local government for 22 which an administrator is appointed to pay to the Minister an amount 23 specified in the direction as the costs and expenses of the administrator. 24 (2) The specified amount may include salary and allowances payable to 25 an officer of the public service who is appointed as administrator or a 26 member of a committee. 27 (3) The direction may specify a time for payment. 28 (4) The specified amount is a debt payable to the State. 29

107 Local Government of committee 1 Role 133.(1) An administrator appointed for a local government must ensure 2 that every decision of the committee about the exercise of the jurisdiction of 3 local government for the local government's area is implemented as soon as 4 is practicable after the committee's decision is taken. 5 (2) However, if the administrator considers that implementing a decision 6 of the committee would not be in the best interests of the area, the 7 administrator must refer the issue to the Minister for decision. 8 (3) The referral must be made within 14 days after the administrator 9 becomes aware of the committee's decision. 10 by Minister on referral by administrator 11 Decision 134.(1) If an issue is referred to the Minister by an administrator under 12 section 133(2) (Role of committee), the Minister may cause the chief 13 executive of the department to make the inquiries, investigations and 14 inspections that the Minister considers appropriate. 15 (2) The Minister's decision on the issue is taken to be the decision of the 16 committee and is final and binding on the administrator and the committee. 17 (3) The administrator must ensure the Minister's decision is 18 implemented as soon as is practicable after the administrator becomes 19 aware of the decision. 20 of committee 21 Procedures 135.(1) In this section-- 22 "relevant provision" means a provision of this Act that deals with any of 23 the following matters for a local government-- 24 (a) the times of meetings; 25 (b) the quorum at its meetings; 26 (c) notice of its meetings; 27 (d) adjournment of its meetings; 28 (e) entitlements of members to vote at its meetings; 29

108 Local Government (f) disability of a member to vote because of material personal 1 interest; 2 (g) registers of interests; 3 (h) minutes of its proceedings; 4 (i) revocation or amendment of its resolutions; 5 (j) another matter prescribed. 6 (2) A relevant provision applies to a committee appointed to help an 7 administrator as if-- 8 (a) the committee were a local government; and 9 (b) the administrator, or person acting as chairperson of the 10 committee, were the mayor of the local government. 11 of administrator's appointment 12 Termination 136.(1) The appointment of an administrator-- 13 (a) may be terminated by the Governor in Council for any reason; or 14 (b) ceases on the conclusion of a fresh election of the councillors of 15 the local government concerned. 16 (2) It is the intention of the Parliament that a fresh election of the 17 councillors of the local government should be held as soon as possible after 18 the appointment of an administrator for the local government. 19 of appointment of committee member etc. 20 Termination 137.(1) The appointment of all members or any member of a committee 21 to help an administrator may be terminated by the Minister, for any reason, 22 by written notice signed by the Minister and given to the members or 23 member. 24 (2) A committee appointed to help an administrator ceases to exist on the 25 conclusion of a fresh election of councillors of the local government 26 concerned. 27

109 Local Government PART 3--LOCAL GOVERNMENT GRANTS 1 COMMISSION 2 Division 1--Extended application of Part 3 to Brisbane City Council 4 Application 138. This Part applies to the Brisbane City Council. 5 2--Commission membership 6 Division Government Grants Commission 7 Local 139. The Local Government Grants Commission is established. 8 of the Commission 9 Members 140.(1) The Commission is to consist of 5 members. 10 (2) The 5 members of the Commission are to comprise-- 11 (a) 4 persons with knowledge of local government; and 12 (b) an officer of the department. 13 (3) The chairperson of the Commission is to be a member mentioned in 14 subsection (2)(a), and the deputy chairperson of the Commission is to be 15 the member mentioned in subsection (2)(b). 16 ppointments 17 A 141.(1) The members and chairperson of the Commission are to be 18 appointed by the Governor in Council. 19 (2) A member of the Commission is to be appointed for a term of not 20 longer than 3 years. 21 (3) A member is to be paid the remuneration, fees and allowances 22 decided by the Governor in Council. 23

110 Local Government (4) A member holds office on other terms not provided in this Act as are 1 decided by the Governor in Council. 2 (5) Payment for a member (as a member or in an additional or other 3 capacity) may differ according to class or rate of payment from payment for 4 another member. 5 (6) If a provision of another Act-- 6 (a) requires the holder of an office to devote all of the person's time 7 to the duties of the office; or 8 (b) prohibits the holder of an office from engaging in employment 9 outside the duties of the office; 10 the provision does not disqualify the holder of the office from-- 11 (c) holding the office and the office of member of the Commission at 12 the same time; and 13 (d) accepting and retaining the remuneration, fees and allowances 14 payable under this section. 15 of and removal from office 16 Vacation 142.(1) The office of a member of the Commission becomes vacant if 17 the member-- 18 (a) resigns by signed notice of resignation given to the Minister; or 19 (b) is convicted of an indictable offence; or 20 (c) is removed from office under subsection (2); or 21 (d) if the member is the officer of the department mentioned in 22 section 139(2)(b) (Members of the Commission)--stops being 23 an officer of the department. 24 (2) The Governor in Council may remove a member from office if the 25 member-- 26 (a) engages in misbehaviour; or 27 (b) becomes incapable of performing the duties of a member because 28 of physical or mental incapacity; or 29 (c) is incompetent; or 30

111 Local Government (d) uses the office for party political purposes; or 1 (e) does anything else that, in the Governor in Council's opinion, is a 2 reasonable and sufficient justification for removal from office. 3 members 4 Acting 143.(1) The Governor in Council may appoint a person to act in the 5 office of the member if the member is absent or unable to discharge the 6 functions of the office (whether because of illness or otherwise). 7 (2) The acting member for the chairperson of the Commission is the 8 chairperson of the Commission while acting. 9 (3) The acting member for the deputy chairperson of the Commission is 10 the deputy chairperson of the Commission while acting. 11 Division 3--Role of Commission 12 makes recommendations to Minister 13 Commission 144.(1) The Commission must make recommendations to the Minister 14 about the allocation of the amount (the "financial assistance amount") the 15 State is entitled to receive from the Commonwealth under the Local 16 Government (Financial Assistance) Act 1986 (Cwlth) (the 17 "Commonwealth Act") for financial assistance for local government 18 purposes. 19 (2) The Commission must also make recommendations to the Minister 20 about a matter referred to it by the Minister concerning the finances of 1 or 21 more local governing bodies. 22 (3) In making recommendations under subsection (1), the Commission 23 must comply with the Commonwealth Act. 24 4--Recommendations, allocation and distribution 25 Division

112 Local Government recommendations 1 Preparing 145.(1) In preparing its recommendations, the Commission may inform 2 itself in the way it considers appropriate. 3 (2) The Commission must accept and consider any submission made to 4 it by a local governing body or association of local governing bodies. 5 recommendations to Minister 6 Commission's 146.(1) When the Commission makes a recommendation to the Minister 7 under section 144(1) (Commission makes recommendations to Minister), 8 the Minister may-- 9 (a) accept the recommendation; or 10 (b) refer the recommendation back to the Commission and ask it-- 11 (i) to reconsider its recommendation or a part of it; or 12 (ii) to consider a matter raised by the Minister about the 13 recommendation. 14 (2) The Minister must give the Commission reasons for asking it to do 15 something under subsection (1)(b). 16 (3) After doing what it is asked to do under subsection (1)(b), the 17 Commission must consider whether any change should be made to its 18 recommendation, and resubmit its recommendation to the Minister with or 19 without change. 20 (4) A member of the Commission may submit a minority 21 recommendation to the Minister. 22 of amount after recommendations 23 Allocation 147. In allocating the financial assistance amount, the Minister must-- 24 (a) have regard to the Commission's recommendations about the 25 allocation; and 26 (b) comply with the Commonwealth Act. 27

113 Local Government to be tabled 1 Recommendations 148. When the Minister has allocated the financial assistance amount 2 among local governing bodies, the following must be tabled in the 3 Legislative Assembly-- 4 (a) the Commission's recommendations; and 5 (b) particulars of the allocation of the financial assistance amount. 6 of financial assistance amount 7 Distribution 149. When the financial assistance amount is received from the 8 Commonwealth, it must be distributed among local governing bodies as 9 allocated by the Minister. 10 5--Inquiries by Commission 11 Division Subdivision A--General 12 may decide to hold inquiry 13 Commission 150. In considering a matter about which it is to make recommendations, 14 the Commission may decide to hold an inquiry under this Division. 15 of decision to hold inquiry 16 Notice 151. Before starting the inquiry, the Commission must-- 17 (a) publish in a newspaper circulating generally in the State a notice 18 outlining the processes to be followed in the inquiry; and 19 (b) give a copy of the notice to all local governing bodies likely to be 20 concerned in the inquiry. 21 Subdivision B--Conduct of inquiries 22

114 Local Government meaning of "Commission" in Subdivision 1 Extended 152. In this Subdivision-- 2 "Commission" includes a member or members of the Commission 3 holding an inquiry on a direction given by the Commission. 4 duties on inquiry 5 Commission's 153. When conducting an inquiry, the Commission-- 6 (a) must observe natural justice; and 7 (b) must act as quickly as possible, and with as little formality and 8 technicality as is consistent with a fair and proper consideration of 9 issues raised in the inquiry. 10 may decide procedures 11 Commission 154.(1) The Commission-- 12 (a) is not bound by the rules of evidence; and 13 (b) may inform itself in any way it considers appropriate; and 14 (c) may decide the procedures to be followed at an inquiry. 15 (2) However, the Commission must comply with this Subdivision and 16 any procedural rules prescribed by regulation. 17 may attend 18 Public 155. The Commission must allow members of the public to attend an 19 inquiry unless in the Commission's opinion it is in the public interest not to 20 allow members of the public to attend the inquiry. 21 powers on inquiry 22 Commission's 156.(1) In conducting an inquiry, the Commission may-- 23 (a) act in the absence of a person who has been given reasonable 24 notice; and 25 (b) receive evidence on oath or by statutory declaration; and 26

115 Local Government (c) adjourn the inquiry; and 1 (d) permit a document to be amended; and 2 (e) disregard any defect, error, omission or insufficiency in a 3 document; and 4 (f) permit or refuse to permit a person (including a legal practitioner 5 enrolled in Queensland or elsewhere) to represent someone else at 6 the inquiry. 7 (2) The Commission may administer an oath to a person appearing as a 8 witness before the inquiry. 9 to witness 10 Notice 157.(1) The Commission may, by written notice given to a person, 11 require the person to attend an inquiry at a specified time and place to give 12 evidence or produce specified documents. 13 (2) A person who is given a notice must-- 14 (a) attend as required by the notice; and 15 (b) continue to attend as required by the Commission until excused 16 from further attendance. 17 Maximum penalty--35 penalty units. 18 (3) A person required to appear as a witness before an inquiry is entitled 19 to the witness fees prescribed by regulation or, if no witness fees are 20 prescribed, the reasonable witness fees decided by the Commission. 21 of witness at inquiry 22 Duty 158.(1) A person appearing as a witness at an inquiry must not-- 23 (a) fail to take an oath or make an affirmation when required by the 24 Commission; or 25 (b) fail, without reasonable excuse, to answer a question the person is 26 required to answer by the Commission; or 27 (c) fail, without reasonable excuse, to produce a document the person 28 is required to produce by a notice under section 157 (Notice to 29

116 Local Government witness). 1 Maximum penalty--35 penalty units. 2 (2) It is a reasonable excuse for a person to fail to answer a question or 3 produce a document if answering the question or producing the document 4 might tend to incriminate the person. 5 of Commission 6 Contempt 159. A person must not-- 7 (a) insult a member of the Commission in an inquiry; or 8 (b) deliberately interrupt an inquiry; or 9 (c) create or continue, or join in creating or continuing, a disturbance 10 in or near a place where the Commission is conducting an 11 inquiry; or 12 (d) do anything that would be a contempt of court if the Commission 13 were a Judge acting judicially. 14 Maximum penalty--50 penalty units. 15 of member 16 Change 160. An inquiry is not affected by a change in the member or members 17 of the Commission holding the inquiry. 18 Division 6--Commission proceedings 19 and place of meetings 20 Time 161.(1) Meetings of the Commission are to be held at the times and 21 places it decides. 22 (2) However, the chairperson (or, in the absence of the chairperson, the 23 deputy chairperson) of the Commission may at any time call a meeting by 24 giving the other members of the Commission at least 7 days written notice 25 of the meeting. 26 (3) The chairperson (or in the absence of the chairperson, the deputy 27

117 Local Government chairperson) of the Commission must call a Commission meeting if asked 1 by the Minister. 2 at meetings 3 Quorum 162. Business may be conducted at a Commission meeting only if at 4 least 3 members of the Commission are present. 5 member 6 Presiding 163. At a meeting-- 7 (a) the chairperson (or, in the absence of the chairperson, the deputy 8 chairperson) of the Commission presides; or 9 (b) in the absence of the chairperson and deputy chairperson, the 10 member chosen by the members present as chairperson for the 11 meeting presides. 12 at meetings 13 Voting 164. At a meeting-- 14 (a) a question is to be decided by a majority of the members of the 15 Commission present and voting; and 16 (b) each member (including the member presiding) has a vote on 17 each question to be decided and, if the votes are equal, the 18 member presiding has a casting vote. 19 business to be conducted 20 Way 165. The Commission must conduct its business in the way prescribed 21 by regulation or, in the absence of a regulation, may conduct its business as 22 it considers appropriate. 23 Division 7--Miscellaneous 24

118 Local Government by departments etc. 1 Cooperation 166.(1) This section applies to the following entities-- 2 (a) a government entity; 3 (b) a local governing body. 4 (2) An entity must-- 5 (a) cooperate with the Commission in performing its role; and 6 (b) give the Commission all information it reasonably requires to 7 perform its role. 8 to the Commission 9 Assistance 167. The chief executive of the department must make available to the 10 Commission the staff assistance it needs to perform its role effectively. 11 HAPTER 4--LOCAL GOVERNMENT 12 C COUNCILLORS 13 PART 1--MEMBERSHIP OF LOCAL 14 GOVERNMENTS 15 Division 1--Extended application of Part 16 to Brisbane City Council 17 Application 168. This Part applies to the Brisbane City Council. 18 2--Qualifications and disqualifications 19 Division

119 Local Government qualifications for membership 1 General 169.(1) A person is qualified to become a councillor of a local 2 government if the person lives in the local government's area and is an 3 elector. 4 (2) This section is subject to the following sections-- 5 � section 170 (General disqualifications) 6 � section 171 (Disqualification and vacation of office for certain 7 offences). 8 disqualifications 9 General 170. A person is not qualified to become a councillor if-- 10 (a) the person is an undischarged bankrupt under the Bankruptcy 11 Act 1966 (Cwlth); or 12 (b) the person has executed a deed of arrangement under Part X of 13 the Bankruptcy Act 1966 (Cwlth) and the terms of the deed have 14 not been fully complied with; or 15 (c) the person's creditor's have accepted a composition under Part X 16 of the Bankruptcy Act 1966 (Cwlth) and a final payment has not 17 been made under the composition; or 18 (d) the person is in prison or subject to a periodic detention order; or 19 (e) the person is not entitled to be elected as a member of the 20 Legislative Assembly under section 176 of the Electoral Act 1992 21 or under another law; or 22 (f) the person is a member of an Australian Parliament. 23 and vacation of office for certain offences 24 Disqualification 171.(1) This section applies if a person is found guilty of an offence 25 against any of the following provisions-- 26 � section 194 (Penalty for contravening exclusion from meeting) 27 � section 195 (Registers of interests) 28 � section 326 (False, misleading or incomplete electoral 29

120 Local Government documents) 1 � section 341 (Influencing voting) 2 � section 343(a) or (b) (Voting if not entitled). 3 (2) The person is not qualified to become a local government councillor 4 for 3 years after the conviction and, if the person is a local government 5 councillor, the person vacates the office-- 6 (a) if the person appeals against the conviction--on the appeal being 7 dismissed, struck out or discontinued; or 8 (b) if the person does not appeal against the conviction--at the end of 9 the time fixed by law within which an appeal must be started. 10 (3) A court may, by order, direct that this section does not apply to a 11 person if the court is satisfied that it would be just to give the direction. 12 of lawfulness of membership of local government 13 Review 172.(1) This section applies to an application for review under the 14 Judicial Review Act 1991 of-- 15 (a) the lawfulness of the election or appointment of a councillor; or 16 (b) the continued eligibility of a person to act as a councillor. 17 (2) For the purposes of the Judicial Review Act 1991, any elector of the 18 local government is a person who may make the application. 19 (3) However, subsection (2) does not limit the persons who may make 20 the application. 21 of membership of Legislative Assembly on becoming 22 Termination councillor 23 173. If a member of the Legislative Assembly is elected or appointed as 24 a councillor, the person is taken to have resigned as a member of the 25 Legislative Assembly on the day the person becomes a councillor. 26 of local government employment on becoming councillor 27 Termination 174.(1) If a local government employee is elected or appointed as a 28

121 Local Government councillor, the person is taken to have resigned as an employee on the day 1 the person becomes a councillor. 2 (2) In this section-- 3 "local government employee" does not include-- 4 (a) a person employed under a Commonwealth funded community 5 development project for Aborigines or Torres Strait Islanders; or 6 (b) a person prescribed by regulation. 7 Division 3--Term of office 8 of membership 9 Duration 175.(1) If a councillor is elected at a triennial election, the councillor is 10 elected until the next triennial election. 11 (2) If a councillor (the "new councillor") is elected or appointed to fill a 12 vacancy in the office of a councillor (the "former councillor"), the new 13 councillor is elected or appointed for the balance of the former councillor's 14 term of office. 15 (3) If a councillor is elected at a fresh election, the councillor is elected for 16 a term of office to-- 17 (a) if a declaration under section 355 (Extension of term of 18 councillors) applies to the election--the triennial election after the 19 next triennial elections; and 20 (b) in any other case--the next triennial elections. 21 (4) A councillor's term of office starts-- 22 (a) if the councillor is elected--the day after the day of the conclusion 23 of the councillor's election; or 24 (b) if the councillor is appointed--the day on which the councillor is 25 appointed. 26 (5) A councillor's term of office ends on the day-- 27 (a) the next triennial elections conclude; or 28 (b) the local government is dissolved; or 29

122 Local Government (c) the councillor's office otherwise becomes vacant. 1 from office as a councillor 2 Resignation 176.(1) A councillor may resign by signed notice of resignation given to 3 the local government's chief executive officer. 4 (2) The resignation takes effect when it is given to the chief executive 5 officer unless it is expressed to take effect on a future date. 6 ART 2--COUNCILLORS' ROLES 7 P Division 1--Councillors' roles generally 8 role 9 Councillors' 177.(1) A local government councillor-- 10 (a) represents the overall public interest of the local government's 11 area and, if the councillor is a councillor for a division of the area, 12 also represents the public interest of the division; and 13 (b) takes part in deciding the facilities, services and enterprises that 14 are appropriate for the area; and 15 (c) takes part in formulating, adopting and reviewing-- 16 (i) the local government's corporate plan and operational plans; 17 and 18 (ii) the policies and goals of the local government; and 19 (d) takes part in making decisions for achieving the goals and 20 implementing the policies of the local government. 21 (2) In performing the role, a councillor-- 22 (a) must serve the overall public interest of the area and, if the 23 councillor is a councillor for a division, the public interest of the 24 division; and 25

123 Local Government (b) if conflict arises between the public interest and the private interest 1 of the councillor or another person--must give preference to the 2 public interest. 3 (3) A councillor must ensure there is no conflict, or possible conflict, 4 between the councillor's private interest and the honest performance of the 5 councillor's role of serving the public interest. 6 on councillors' roles 7 Limitations 178.(1) A councillor who is not the mayor must not assume any part of 8 the mayor's role without the mayor's prior approval. 9 (2) A councillor cannot direct, and must not attempt to direct, an 10 employee of the local government about the way in which the employee's 11 duties are to be performed. 12 roles of mayor 13 Additional 179.(1) The mayor of a local government-- 14 (a) presides at, and is responsible for the orderly conduct of, 15 meetings of the local government at which the mayor is present; 16 and 17 (b) ensures the carrying out of the local government's decisions; and 18 (c) exercises the powers, and performs the duties, given to the mayor 19 by the local government; and 20 (d) ensures the appropriate representation of the local government at 21 civic or ceremonial functions. 22 (2) In performing the role mentioned in subsection (1)(b), the mayor 23 may identify to the chief executive officer of the local government the 24 officer's duty in carrying out policies and decisions of the local government. 25 2--Deputy mayor and acting mayor 26 Division

124 Local Government mayor of local government 1 Deputy 180. A local government must appoint a deputy mayor from its 2 councillors, by resolution, at-- 3 (a) its first meeting after the conclusion of each of the triennial 4 elections; and 5 (b) its first meeting after the conclusion of a fresh election of all of its 6 councillors; and 7 (c) its first meeting after the deputy mayor's office as councillor 8 otherwise becomes vacant. 9 of deputy mayor may be declared vacant 10 Office 181.(1) A local government may, by resolution, declare that the office of 11 deputy mayor is vacant. 12 (2) The resolution may be passed only if written notice of the resolution 13 has been given to the councillors at least 14 days before the meeting. 14 (3) If a local government declares that the office is vacant, it must 15 immediately appoint a deputy mayor from its councillors. 16 role of deputy mayor 17 Additional 182. The deputy mayor of a local government acts in the office, and 18 performs the role, of the mayor during-- 19 (a) a vacancy in the office of mayor; or 20 (b) the absence or temporary incapacity of the mayor. 21 of acting mayor 22 Appointment 183. A local government may, by resolution, appoint from its councillors 23 an acting mayor, if at any time-- 24 (a) vacancies exist in the offices of mayor and deputy mayor; or 25 (b) a vacancy exists in the office of mayor and the deputy mayor is 26 prevented, by absence or temporary incapacity, from acting in the 27 office; or 28

125 Local Government (c) the mayor and deputy mayor are prevented, by absence or 1 temporary incapacity, from performing the role of mayor. 2 of acting mayor 3 Role 184. The acting mayor of a local government acts in the office of the 4 mayor while the circumstances in which the person was appointed as acting 5 mayor continue. 6 PART 3--ENTITLEMENTS AND OBLIGATIONS 7 Division 1--Entitlements of councillors and committee members 8 for service on local government and advisory 9 Remuneration committees 10 185.(1) A local government may, by resolution, authorise the payment or 11 provision of remuneration to a person who is-- 12 (a) a councillor of the local government; or 13 (b) a member of an advisory committee of the local government who 14 is not a councillor. 15 (2) The resolution must specify-- 16 (a) the purpose for which the remuneration is to be paid or provided; 17 and 18 (b) the persons entitled to remuneration; and 19 (c) the amount or value of the remuneration or the basis on which it 20 is calculated. 21 (3) The basis on which remuneration is calculated may vary according 22 to-- 23 (a) the purpose for which the remuneration is paid or provided; or 24 (b) whether or not the person entitled to the remuneration is a 25

126 Local Government councillor of the local government. 1 (4) The resolution must specify-- 2 (a) the principles or remuneration system on which the remuneration 3 is based; and 4 (b) the reasons for adopting the principles or system. 5 (5) A resolution under this section operates for no longer than 6 months 6 after the next triennial elections. 7 benefits for councillors 8 Superannuation 186.(1) In this section-- 9 "scheme" means a superannuation scheme for councillors. 10 (2) A local government may-- 11 (a) establish and amend a scheme; or 12 (b) join in establishing and amending a scheme; or 13 (c) take part in a scheme. 14 (3) However, a local government may not establish or take part in a 15 scheme-- 16 (a) under which the proportion of contribution to the scheme payable 17 by a councillor is less than the proportion of contribution to the 18 Local Government Superannuation Scheme under the Local 19 Government Superannuation Act 1985 payable by an employee 20 of the local government; or 21 (b) under which the proportion of contribution to the scheme payable 22 by the local government for its councillors is greater than the 23 proportion of contribution to the Local Government 24 Superannuation Scheme under the Local Government 25 Superannuation Act 1985 payable by the local government for its 26 employees; or 27 (c) under which the annual contribution to the scheme payable by the 28 local government for its councillors (expressed as a percentage of 29 payment in the nature of salary) is greater than the annual 30 contribution to the Local Government Superannuation Scheme 31

127 Local Government under the Local Government Superannuation Act 1985 payable 1 by the local government for its employees (expressed as 2 percentage of salary); or 3 (d) under which the annual contribution to the scheme payable by a 4 councillor (expressed as a percentage of payment in the nature of 5 salary) is less than the annual contribution to the Local 6 Government Superannuation Scheme under the Local 7 Government Superannuation Act 1985 payable by an employee 8 of the local government (expressed as percentage of salary); or 9 (e) under which the local government is required to contribute to the 10 scheme for a person who has ceased to be a councillor; or 11 (f) that does not meet the requirements of the Occupational 12 Superannuation Standards Act 1987 (Cwlth). 13 (4) A local government acting under subsection (2) may pay an amount 14 from its operating fund by way of a subsidy or contribution to the scheme. 15 (5) If a local government establishes or joins with another local 16 government in establishing a scheme under subsection (2), it must, by 17 resolution, make rules-- 18 (a) defining the scheme and the obligations and entitlements of 19 contributors to the scheme; and 20 (b) providing for the appointment, powers and functions of trustees 21 of the scheme. 22 (6) The rules bind all contributors to the scheme and persons claiming an 23 entitlement under the scheme. 24 (7) A rule under subsection (5) must be approved by the Governor in 25 Council. 26 (8) Accounting records for a scheme established by a local government 27 (whether alone or with another local government) are taken to be accounting 28 records of the local government and must be audited by the 29 Auditor-General. 30 of councillors 31 Insurance 187.(1) A local government may enter into a contract of insurance with 32

128 Local Government the Workers' Compensation Board, or another insurer, to provide insurance 1 cover for injury (within the meaning of the Workers' Compensation 2 Act 1990) suffered by a councillor. 3 (2) For the purpose of the insurance cover, the definition "injury" in the 4 Workers' Compensation Act 1990 is interpreted as if the reference to 5 employment were a reference to performance of the councillor's role. 6 (3) A local government may enter into a contract of insurance with an 7 insurer other than the Workers' Compensation Board only if the 8 entitlements to compensation under the contract are, as far as practicable, the 9 same as the entitlements provided under a contract of insurance with the 10 Board. 11 (4) For the purpose of the insurance cover, a councillor's role includes, 12 for example, attendance-- 13 (a) at the meetings of the local government or its committees that the 14 councillor is entitled or asked to attend, or at which the councillor 15 has business for a resident of the local government's area; and 16 (b) at inspections or deputations, conferences and meetings at which 17 the councillor's attendance is permitted by the local government; 18 and 19 (c) at official functions organised for the local government; and 20 (d) on residents of the area for the purpose of local government 21 business. 22 for councillors 23 Indemnity 188.(1) A councillor does not incur civil liability for an act or omission 24 done honestly and without negligence under this Act. 25 (2) A liability that would, apart from this section, attach to a councillor 26 attaches instead to the local government. 27 2--Obligations of councillors 28 Division

129 Local Government to Brisbane City Council 1 Application 189. This Division applies to the Brisbane City Council. 2 declaration of office 3 Councillor's 190.(1) A person elected or appointed as a councillor, before acting in the 4 office, must make a declaration of office in the following form-- 5 `I, ......., having been elected/appointed as a councillor of the 6 Council of the City/Town/Shire of ......, declare that I will 7 faithfully and impartially fulfil the duties of the office to the best 8 of my judgment and ability.'. 9 (2) The chief executive officer of the local government is authorised to 10 take the declaration. 11 (3) The chief executive officer must keep a record of the taking of the 12 declaration. 13 (4) The person ceases to hold office as a councillor if the person does not 14 make the declaration within 1 month after being elected or appointed or a 15 longer period that the Minister may allow. 16 as councillor without authority 17 Acting 191. A person must not act as a councillor if the person knows that-- 18 (a) the person is not qualified to be a councillor; or 19 (b) the person's office as a councillor has been vacated. 20 Maximum penalty--85 penalty units. 21 from meeting of councillor with material personal interest 22 Exclusion 192.(1) A councillor who has a material personal interest in an issue to 23 be considered at a meeting of the local government, or any of its 24 committees-- 25 (a) must disclose the interest to the meeting; and 26 (b) must not be present at or take part in the meeting while the issue 27 is being considered or voted on. 28

130 Local Government (2) A councillor who is barred from a meeting under subsection (1) must 1 not be in the chamber where the meeting is being conducted, including any 2 area set apart for the public. 3 of disability 4 Removal 193.(1) The Minister may, by signed notice, relieve a councillor of a local 5 government of a disability to which the councillor is subject under 6 section 192 (Exclusion from meeting of councillor with material personal 7 interest) if-- 8 (a) because of the number of councillors subject to the disability, 9 conduct of a meeting of the local government or committee 10 would be obstructed if relief were not given; or 11 (b) it appears to the Minister to be in the interests of the local 12 government's area that relief be given. 13 (2) The Minister may give the relief subject to conditions specified in the 14 notice. 15 (3) A councillor does not contravene section 192 by taking part in a 16 meeting, or being in the chamber where the meeting is being conducted, 17 if-- 18 (a) the councillor is a person to whom relief is given under 19 subsection (1); and 20 (b) the councillor is complying with the conditions on which the 21 relief is given. 22 for contravening exclusion from meeting 23 Penalty 194. A councillor of a local government who contravenes section 192 24 (Exclusion from meeting of councillor with material personal interest) is 25 liable to a maximum penalty of-- 26 (a) if the councillor voted on the issue with an intention to gain an 27 advantage for the councillor or anyone else--200 penalty units; 28 (b) in any other case--85 penalty units. 29

131 Local Government of interests 1 Registers 195.(1) The chief executive officer of a local government must keep-- 2 (a) a register of interests of each local government councillor; and 3 (b) a register of interests of the persons who, under a regulation, are 4 related to the councillor. 5 (2) A register-- 6 (a) must relate to only 1 person; and 7 (b) must contain the financial and non-financial particulars prescribed 8 by regulation. 9 (3) If a councillor knows-- 10 (a) of an interest that the chief executive officer must record in a 11 register of interests kept under subsection (1) in relation to the 12 councillor or a person who, under a regulation, is related to the 13 councillor (a "related person"); or 14 (b) that particulars of an interest recorded in a register kept under 15 subsection (1) in relation to the councillor or a related person are 16 no longer correct; 17 the councillor must tell the chief executive officer of the interest, or the 18 correct particulars, within the time prescribed by regulation. 19 Maximum penalty for subsection (3)--85 penalty units. 20 to registers 21 Access 196.(1) A register of councillor's interests is open to inspection. 22 (2) A register of other persons' interests is not open to inspection other 23 than by-- 24 (a) a councillor of the local government; and 25 (b) a person permitted by law to have access to information in the 26 register, or the person's agent. 27 (3) A person seeking access to a register must apply in writing to the 28 chief executive officer. 29 (4) The chief executive officer must record-- 30

132 Local Government (a) the name and home or business address of each person given 1 access to the register; and 2 (b) the day the access is given. 3 (5) The chief executive officer must advise a councillor of any access 4 given to the councillor's register and any register of a person who, under a 5 regulation, is related to a councillor. 6 (6) A person must not knowingly disclose information obtained from the 7 register-- 8 (a) if it is not a true copy, or a fair summary, of the particulars in the 9 register; or 10 (b) for information from a register of other persons' interests--to a 11 person other than-- 12 (i) a councillor or the chief executive officer; or 13 (ii) a person mentioned in subsection (2)(b). 14 Maximum penalty for subsection (6)--85 penalty units 15 on contents of register 16 Queries 197.(1) A person who suspects on reasonable grounds that a register 17 does not contain particulars that should be in the register may inform the 18 chief executive officer of the local government. 19 (2) The chief executive officer must immediately inform the councillor 20 concerned. 21 (3) The councillor must, within 30 days of being informed-- 22 (a) establish whether the register should be amended to make it a true 23 record of fact; and 24 (b) if the register should be amended--give the chief executive 25 officer the appropriate particulars in writing. 26 (4) If the councillor establishes that the register does not need to be 27 amended, the councillor must-- 28 (a) complete a statutory declaration to the effect that the particulars in 29 the register are a true record of fact; and 30

133 Local Government (b) give the statutory declaration to the chief executive officer. 1 use of information by councillors 2 Improper 198.(1) A person who is or has been a local government councillor must 3 not make improper use of information acquired as a councillor-- 4 (a) to gain, directly or indirectly, a financial advantage for the person 5 or someone else; or 6 (b) to harm the local government. 7 (2) A person who is or has been a local government councillor must not 8 release information that the person knows, or should reasonably know, is 9 information that-- 10 (a) is confidential to the local government; and 11 (b) the local government wishes to keep confidential. 12 Maximum penalty--35 penalty units. 13 PART 4--VACANCIES IN MEMBERSHIP OF LOCAL 14 GOVERNMENTS 15 to Brisbane City Council 16 Application 199. This Part applies to the Brisbane City Council. 17 councillor's office becomes vacant 18 When 200.(1) A person's office as a local government councillor becomes 19 vacant if the person-- 20 (a) ceases to be qualified to become a councillor under Part 1 21 (Membership of local governments), Division 2 (Qualifications 22 and disqualifications); or 23 (b) without the local government's leave, is absent from 3 or more 24 consecutive ordinary meetings of the local government over at 25

134 Local Government least 3 months; or 1 (c) on a review under the Judicial Review Act 1991, is found to be 2 unlawfully elected or appointed, or ineligible to continue to act as, 3 a councillor of the local government; or 4 (d) resigns as a councillor; or 5 (e) becomes a local government employee; or 6 (f) otherwise ceases to hold the office before the end of the 7 councillor's term of office. 8 (2) In this section-- 9 "local government employee" does not include-- 10 (a) a person employed under a Commonwealth funded community 11 development project for Aborigines or Torres Strait Islanders; or 12 (b) a person prescribed by regulation. 13 of earlier vacancies by by-election 14 Filling 201.(1) This section applies if a person's office as a local government 15 councillor becomes vacant before 1 March (the "cut-off date") in the year 16 before the year in which the next triennial elections for the local government 17 are to be held. 18 (2) The vacancy must be filled by a by-election. 19 of later vacancies by appointment 20 Filling 202.(1) This section applies if the office of a person (the "former 21 councillor") as a local government councillor becomes vacant on or after 22 the cut-off date. 23 (2) The local government must fill the office by appointing a person (the 24 "new councillor") to the office. 25 (3) The new councillor must be-- 26 (a) a qualified person; and 27 (b) if the former councillor was, at the last filling of the office, a 28 candidate endorsed by, or a nominee of, a political party--the 29

135 Local Government political party's nominee. 1 (4) If the former councillor held office as mayor of the local government, 2 the local government must fill that office by appointing-- 3 (a) an existing councillor as mayor; or 4 (b) another qualified person as mayor. 5 (5) If the former councillor held office as mayor and was, at the last 6 filling of the office, a candidate endorsed by, or a nominee of, a political 7 party, the person appointed under subsection (4) must be the political 8 party's nominee. 9 (6) If the former councillor held office as mayor, the local government 10 may act under subsection (3) for the vacancy only if it has already appointed 11 an existing councillor as mayor. 12 (7) If a vacancy that should be filled under this section is not properly 13 filled within 2 months after the vacancy happens, the Governor in Council 14 may appoint a qualified person to fill the vacancy. 15 (8) In this section-- 16 "qualified person" means a person who-- 17 (a) is qualified to become a councillor of the local government; and 18 (b) has been an elector for the local government for at least 30 days 19 before the person is appointed. 20 to seek political party's nominee for appointment to vacancy 21 Duty 203.(1) This section applies if there is a vacancy in the office of a local 22 government councillor and the vacancy is to be filled by the nominee of a 23 political party. 24 (2) Within 14 days after the vacancy happens, the chief executive officer 25 of the local government must, by written notice given to the political party, 26 request the party to inform the officer of the full name and address of its 27 nominee to fill the vacancy. 28 (3) The notice may be given to the political party by giving it to the 29 party's registered officer under the Electoral Act 1992. 30

136 Local Government to seek other nominees for appointment to vacancy 1 Duty 204.(1) This section applies if there is a vacancy in the office of a local 2 government councillor and the vacancy is not to be filled by the nominee of 3 a political party. 4 (2) Within 14 days after the vacancy happens, the chief executive officer 5 must-- 6 (a) by notice published in a newspaper circulating generally in the 7 local government's area, invite nominations from persons 8 qualified to fill the vacancy; and 9 (b) by written notice to each person who was a candidate for the 10 office at the last election-- 11 (i) inform the person of the vacancy; and 12 (ii) ask the person to indicate in writing whether the person is 13 willing to accept the office if appointed. 14 (3) If persons qualified to fill the vacancy nominate for appointment or 15 indicate a willingness to accept the office if appointed, the local government 16 must fill the vacancy by appointment from among the persons. 17 PART 5--MEMBERSHIP OF JOINT LOCAL 18 GOVERNMENTS 19 of members 20 Election 205.(1) Each component local government or group of component local 21 governments of a joint local government must elect the number of 22 representatives to which the local government or group is entitled on the 23 joint local government. 24 (2) The representatives must be elected from-- 25 (a) for a component local government--its councillors; or 26 (b) for a group of local governments--the councillors of the local 27 governments in the group. 28

137 Local Government (3) This section is subject to any regulation made for the joint local 1 government under section 48(2) (Number of representatives etc.). 2 members are to be elected 3 When 206. The election of the members of a joint local government must be 4 held-- 5 (a) before the first meeting of the joint local government; and 6 (b) within 1 month after each of the later triennial elections of local 7 governments. 8 members 9 Delegate 207.(1) Each component local government or group of component local 10 governments must elect 1 person as a delegate representative on the joint 11 local government. 12 (2) The delegate representative must be elected from-- 13 (a) for a component local government--its councillors; or 14 (b) for a group of local governments--the councillors of the local 15 governments in the group. 16 (3) In the absence of a representative of a component local government 17 or group of component local governments, the delegate representative may 18 act as the representative. 19 of casual vacancies 20 Filling 208.(1) If a vacancy happens in the office of a representative or delegate 21 representative of a component local government or group of component 22 local governments, the component local government or group must, within 23 2 months after the vacancy happens, elect a new representative or new 24 delegate representative to fill the vacancy. 25 (2) The representative or delegate representative must be elected from-- 26 (a) for a component local government--its councillors; or 27 (b) for a group of local governments--the councillors of the local 28 governments in the group. 29

138 Local Government (3) This section is subject to any regulation made for the joint local 1 government under section 48(2) (Number of representatives etc.). 2 officer for elections 3 Returning 209. The returning officer for an election of a representative or delegate 4 representative of a group of component local governments in a joint local 5 government is-- 6 (a) the joint local government's chief executive officer; or 7 (b) if there is no chief executive officer of the joint local 8 government--a person appointed by the Minister for the purpose. 9 of representatives on default 10 Appointment 210. If a component local government or group of component local 11 governments fails to elect the number of representatives in a joint local 12 government to which it is entitled at or within the time it is required to elect 13 them, the Governor in Council may, by Gazette notice, appoint a number of 14 councillors of the component local government or group of component 15 local governments necessary to make up the required number of 16 representatives. 17 and deputy president 18 President 211.(1) A joint local government must appoint a president and deputy 19 president from its members, by resolution, at-- 20 (a) the first meeting of the joint local government; and 21 (b) at its first meeting after each of the later triennial elections of local 22 governments. 23 (2) For the purpose of electing the president, the chief executive officer or 24 someone else appointed by the Minister is to preside (without entitlement to 25 vote). 26 (3) This section applies subject to any regulation made for the joint local 27 government under section 44(b) (Matters about establishment etc.). 28

139 Local Government at meetings 1 Presiding 212.(1) The president of a joint local government presides at meetings of 2 the joint local government at which the president is present. 3 (2) If the president is not present at a meeting, the deputy president is to 4 preside. 5 duty of joint local government member 6 Overriding 213. In taking part in the exercise of a joint local government's 7 jurisdiction, a member of the joint local government must act in the best 8 interests of-- 9 (a) the whole of its area; and 10 (b) the responsible exercise by the joint local government's 11 jurisdiction in its area. 12 HAPTER 5--LOCAL GOVERNMENT 13 C ELECTIONS 14 PART 1--GENERAL 15 elections 16 Triennial 214. Councillors of a local government are to be elected once every 17 3 years. 18 of elections 19 Types 215.(1) A triennial or fresh election of the mayor of a local government 20 is an election for the whole of the local government's area. 21 (2) A triennial or fresh election for another councillor of a local 22 government is-- 23 (a) if the local government's area does not have divisions--an 24

140 Local Government election for the whole of the area; or 1 (b) if the local government's area has divisions--an election for each 2 division of the area. 3 (3) A by-election to fill a vacancy in the office of a local government 4 councillor is an election for its area, or the division of its area, for which the 5 councillor was elected. 6 to be held on a Saturday 7 Elections 216. Every local government election must be held on a Saturday. 8 of next triennial elections 9 Date 217.(1) Triennial elections are to be held on 26 March 1994. 10 (2) However, a regulation may fix a different date for the elections. 11 of later triennial elections 12 Date 218.(1) Later triennial elections are to be held in every third year on the 13 last Saturday in March. 14 (2) However, a regulation may fix a different date for a particular year. 15 of by-elections 16 Date 219.(1) A by-election to fill a vacancy in the office of a local government 17 councillor is to be held on the date fixed by the returning officer for the 18 election. 19 (2) The date fixed must be within 2 months after the vacancy happens. 20 PART 2--RETURNING OFFICERS 21

141 Local Government executive officer is returning officer 1 Chief 220.(1) The chief executive officer of a local government is the returning 2 officer for every election of a councillor of the local government. 3 (2) This section is subject to section 221 (Appointment of returning 4 officer if chief executive officer cannot act). 5 of returning officer if chief executive officer cannot act 6 Appointment 221.(1) If the chief executive officer cannot perform the duties of the 7 returning officer for an election because of other duties of office, the officer 8 must appoint someone else as returning officer for the election. 9 (2) If the chief executive officer believes the officer cannot properly 10 perform the duties of returning officer for an election because of a possible 11 conflict of interest, the officer must ask the Minister to appoint a returning 12 officer for the election. 13 (3) The Minister may appoint another person as returning officer for the 14 election. 15 officer's duty for by-election 16 Returning 222. As soon as practicable after fixing the day for holding a by-election, 17 the returning officer must-- 18 (a) publish, in a newspaper circulating generally in the local 19 government area and in the other ways that the officer may 20 consider appropriate, notice of-- 21 (i) the day fixed; and 22 (ii) the cut-off day for the voters roll for the by-election; and 23 (b) take the steps required by this Act for holding the by-election. 24 ART 3--VOTERS ROLL 25 P

142 Local Government officer must compile voters roll 1 Returning 223. The returning officer for a local government election must compile 2 the roll of persons entitled to vote at the election (the "voters roll"). 3 for enrolment on voters roll 4 Qualification 224. A person is entitled to vote at a local government election if the 5 person is an elector under the Electoral Act 1992 for an electoral district, or 6 a part of an electoral district, included-- 7 (a) for an election for the whole of the local government's area--in 8 the area; or 9 (b) for an election for a division of the local government's area--in 10 the division. 11 day for voters roll 12 Cut-off 225. A voters roll must be compiled to 1 of the following dates-- 13 (a) for a triennial election for a local government area, or a division of 14 a local government area, in which a postal ballot is to be taken in 15 any part of the area or division--31 December in the year before 16 the year of the election; 17 (b) for another triennial election--31 January in the year of the 18 election; 19 (c) for a by-election to fill a vacancy in the office of a local 20 government councillor--at least 5 days, and not more than 21 7 days, after the publication in a newspaper, under section 222 22 (Returning officer's duty for by-election), of notice of the day of 23 the by-election. 24 of electoral roll when practicable 25 Use 226.(1) The voters roll for an election for a local government must 26 consist of the persons enrolled on an electoral roll for an electoral district, or 27 a part of an electoral district, included-- 28 (a) for an election for the whole of the local government's area--in 29

143 Local Government the area; or 1 (b) for an election for a division of the local government's area--in 2 the division. 3 (2) However, the returning officer may make the changes to the electoral 4 roll, compiled to the cut-off day for the voters roll, that are necessary 5 because the boundaries of the area or its divisions are not identical with the 6 boundaries of the electoral district. 7 of voters roll 8 Requirements 227.(1) A voters roll for an election must-- 9 (a) show the names of all persons entitled to vote at the election; and 10 (b) be in the form of the electoral roll used for elections of the 11 Legislative Assembly. 12 (2) The returning officer must not include in a voters roll an elector's 13 address that, under the Electoral Act 1992, is excluded from the publicly 14 available part of an electoral roll. 15 roll to be open to inspection and purchase 16 Voters 228.(1) A voters roll for an election is open to inspection. 17 (2) Copies of the voters roll must be available for purchase at the local 18 government's public office. 19 (3) The price of a copy of the voters roll must be no more than the cost to 20 the local government of having the copy available for purchase and, if the 21 copy is posted to the purchaser, the postage cost. 22 registrars to help returning officers 23 Electoral 229. An electoral registrar under the Electoral Act 1992 must give a 24 returning officer the assistance that the returning officer reasonably requires 25 to compile a voters roll for a local government election. 26

144 Local Government ART 4--VOTING 1 P voting 2 Compulsory 230. Voting at an election for a local government is compulsory and each 3 elector is entitled to 1 vote only. 4 of voting 5 System 231. The system of voting at an election for a councillor is-- 6 (a) for a local government area divided into single-member 7 divisions--optional-preferential voting; and 8 (b) in any other case--first-past-the-post voting. 9 ART 5--DIVISION OF LOCAL GOVERNMENT 10 P AREAS 11 division of local government areas 12 Equitable 232.(1) For each divided local government area and each local 13 government area, or proposed local government area, that is proposed to be 14 divided, there must be a quota of voters for each councillor to be elected for 15 a division of the area. 16 (2) The quota is worked out by dividing the total number of electors, as 17 nearly as can be found out, by the number of councillors (other than the 18 mayor) of the local government. 19 to be complied with in division of local government area and 20 Quota assignment of councillors 21 233.(1) The quota worked out for a local government area or proposed 22 local government area under section 232 (Equitable division of local 23 government areas) must be complied with in dividing the area and the 24 assignment of councillors to the divisions. 25

145 Local Government (2) However, a margin of allowance may be adopted if necessary, but the 1 quota must not be departed from-- 2 (a) for a local government area with more than 10 000 electors--by 3 more than 10%; or 4 (b) for another local government area--by more than 20%. 5 (3) If the Commissioner takes action under Chapter 3 (Interaction with 6 the State), Part 1 (Review of local government matters) that requires a quota 7 of electors to be worked out, the quota must be worked out as near as 8 practicable to the time public notice about the action is given under 9 section 77 (Public notice of proposed recommendation to implement 10 reviewable local government matter). 11 of compliance or non-compliance with quota requirements 12 Disclosure 234.(1) Not later than 1 March (the "information date") in the year 13 before the year of the triennial elections for local governments, each local 14 government whose area is divided must inform the Minister, in writing, 15 whether each division of its area is consistent with the basis specified in 16 section 233 (Quota to be complied with in division of local government area 17 and assignment of councillors). 18 (2) The information must be based on the roll of electors in each division 19 available as near as practicable to the information date. 20 of area's division referred to Commissioner 21 Matter 235. The Minister must refer the matter of the division of a local 22 government's area to the Commissioner if-- 23 (a) the local government informs the Minister that a division of its 24 area is not consistent with the basis specified in section 233 25 (Quota to be complied with in division of a local government area 26 and assignment of councillors); or 27 (b) the local government fails to inform the Minister as required by 28 section 234 (Disclosure of compliance or non-compliance with 29 quota requirements) about its area; or 30 (c) the Minister suspects that information given under section 234 is 31 incorrect. 32

146 Local Government ART 6--CONDUCT OF ELECTIONS 1 P 1--Preliminary 2 Division of elections 3 Conduct 236. An election must be conducted under this Part. 4 executive of department may approve forms 5 Chief 237. The chief executive of the department may approve forms for the 6 purposes of this Part. 7 2--Electoral officers 8 Division officer 9 Returning 238. The returning officer for an election is responsible for its proper 10 conduct. 11 officers 12 Presiding 239.(1) The returning officer-- 13 (a) may be presiding officer at a polling booth; and 14 (b) must appoint an adult as presiding officer at each polling booth 15 other than the booth where the returning officer is the presiding 16 officer. 17 (2) A presiding officer at a polling booth is responsible for the proper 18 conduct of the poll at the booth and for carrying out the other duties for the 19 election that are required by the returning officer. 20 (3) If a person is unable to act as presiding officer at a polling booth, the 21 returning officer, or someone else with the returning officer's approval, 22 may appoint an adult as presiding officer at the booth while the person is 23 unable to act. 24 (4) An appointment under subsection (1) or (3) must be in the approved 25

147 Local Government form. 1 officers 2 Issuing 240.(1) The returning officer, or a presiding officer with the returning 3 officer's approval, may appoint adults to-- 4 (a) give ballot papers, declaration envelopes and declaration forms to 5 electors; and 6 (b) perform the other duties for the election that are required by the 7 presiding officer. 8 (2) The appointment must be in the approved form. 9 by issuing officers 10 Declaration 241. An issuing officer must make a declaration in the approved form 11 before acting as an issuing officer. 12 officer may act through authorised issuing officer 13 Returning 242. If-- 14 (a) a returning officer is required under this Part to do anything; and 15 (b) the returning officer authorises an issuing officer to do the thing; 16 and 17 (c) the issuing officer does the thing; 18 the thing is taken to have been done by the returning officer. 19 and use of voters rolls 20 Supply 243.(1) The returning officer must give to the presiding officer at each 21 polling booth enough copies of the voters roll certified in the approved form 22 by the returning officer. 23 (2) An issuing officer must use a certified copy of the voters roll for 24 taking the ballot in the election. 25

148 Local Government 3--Candidates for election or appointment 1 Division for nomination 2 Qualification 244.(1) A person who is qualified under Chapter 4 (Local government 3 councillors), Part 1 (Membership of local governments), Division 2 4 (Qualifications and disqualifications), to become a councillor of a local 5 government may nominate for election or appointment to a local 6 government. 7 (2) A person is not disqualified from nominating because the person is a 8 member of the Legislative Assembly or a local government employee. 9 (3) This section applies to the Brisbane City Council. 10 of dual candidature 11 Prohibition 245.(1) A person cannot, at the same time, be a candidate-- 12 (a) for election as mayor of a local government and as another 13 councillor of the local government; or 14 (b) for election as a councillor of a local government for more than 1 15 division of the local government's area. 16 (2) If, at noon on the nomination day, a person is nominated as a 17 candidate in contravention of subsection (1), each of the nominations is of 18 no effect. 19 (3) This section applies to the Brisbane City Council. 20 to local government employee to contest election 21 Leave 246.(1) A local government employee who nominates as a candidate for 22 election as a local government councillor is entitled to leave of absence for a 23 period of not more than 2 months to contest the election. 24 (2) A local government employee may use any entitlement to accrued 25 leave with pay as leave to which the employee is entitled under 26 subsection (1). 27 (3) Unless leave is taken under subsection (2), the local government 28 employee is not entitled to payment of salary or wages for any period of 29

149 Local Government leave taken under subsection (1). 1 (4) This section applies to the Brisbane City Council. 2 candidates must identify endorsement 3 Endorsed 247. A person whose candidature for election to a local government is 4 endorsed by a political party must include that fact in the form of 5 nomination. 6 Division 4--Nominations of candidates for election 7 for nominations 8 Calling 248.(1) The returning officer must publish notice of the election in a 9 newspaper circulating generally in the local government area, or division of 10 the local government area, for which the election is to be held. 11 (2) The notice must-- 12 (a) be in the approved form; and 13 (b) specify a day as the nomination day-- 14 (i) not less than 10, or more than 21, days after the day of 15 publication of the notice; and 16 (ii) not less than 21, or more than 42, days before the day on 17 which the election is to be held; and 18 (c) specify a place of nomination; and 19 (d) invite nominations of candidates for the election. 20 (3) A place of nomination must be-- 21 (a) the local government's public office; or 22 (b) a place in its area convenient generally to persons in its area. 23 may nominate 24 Who 249. A candidate for election as a councillor of a local government must 25 be a person who is qualified under section 244 (Qualification for 26

150 Local Government nomination) to nominate for the election. 1 and when nomination is given 2 How 250.(1) A person who wishes to be a candidate for election must be 3 nominated by-- 4 (a) the registered officer under the Electoral Act 1992 of a political 5 party that has endorsed the person as a candidate for the election; 6 or 7 (b) at least 6 electors for the local government area, or division of the 8 local government area, for which the election is to be held. 9 (2) A nomination must be-- 10 (a) in the approved form; and 11 (b) given to the returning officer after the nominations are invited for 12 the election but before noon on the nomination day. 13 to accompany nomination 14 Deposit 251.(1) Before noon on the nomination day, the person nominating as a 15 candidate must deposit, in cash or by bank cheque, with the returning 16 officer-- 17 (a) $150; or 18 (b) if another amount is prescribed by regulation--the amount. 19 (2) The deposit must be held in the trust fund of the local government 20 until it is refunded, or becomes the property of the local government, under 21 this Part. 22 of returning officer 23 Certificate 252.(1) If the returning officer is satisfied a person has been properly 24 nominated for election, the returning officer must-- 25 (a) certify the nomination, in the approved form; and 26 (b) give a copy of the certificate to the candidate. 27 (2) A person is properly nominated for election if-- 28

151 Local Government (a) sections 249 (Who may nominate) to 251 (Deposit to accompany 1 nomination) have been complied with, or have been substantially 2 complied with apart from a mere formal defect or error in the 3 nomination; and 4 (b) section 245 (Prohibition of dual candidature) does not apply to the 5 person's nomination; and 6 (c) the nomination has not been withdrawn. 7 (3) The returning officer is not obliged to look beyond-- 8 (a) the form of nomination and payment of the deposit; and 9 (b) the voters roll; and 10 (c) documentary evidence produced by the nominee or a nominator 11 that the nominee or a nominator is an elector for the election. 12 (4) If a nomination is wrongly certified by the returning officer, the 13 certification, or the issue of a copy of the certificate, does not validate the 14 nomination. 15 of nominations 16 Display 253. As soon as practicable after receipt of a nomination, the returning 17 officer must display a copy of the nomination in a conspicuous position at 18 the place of nomination and, if that place is not the local government's 19 public office, at the public office. 20 of candidature before noon on nomination day 21 Termination 254.(1) A person nominated as a candidate for election may withdraw 22 the person's agreement to the nomination by signed notice given to the 23 returning officer before noon on the nomination day. 24 (2) If this happens-- 25 (a) the nomination is of no effect; and 26 (b) the person's deposit must be refunded to the person. 27

152 Local Government of candidate 1 Death 255. If a person nominated as a candidate for election dies before noon 2 on the nomination day-- 3 (a) the nomination is of no effect; and 4 (b) the person's deposit must be refunded to the person's personal 5 representative. 6 if number of candidates not more than number required 7 Procedure 256.(1) If the number of candidates properly nominated for election does 8 not exceed the number required to be elected-- 9 (a) the nominees are taken to have been elected; and 10 (b) the returning officer must, as soon as practicable after the 11 nomination day, publish a notice in the approved form in a 12 newspaper circulating generally in the local government area, or 13 division of the local government area, for which the election was 14 to be held, that the nominees are taken to have been elected. 15 (2) If-- 16 (a) no-one is nominated as a candidate for an election; or 17 (b) the number of candidates nominated is less than the number 18 required to be elected; 19 the Governor in Council may, by Gazette notice, appoint as councillors of 20 the local government, the number of persons necessary to constitute fully 21 the local government. 22 (3) Each person appointed as a councillor must be qualified to be elected 23 as a councillor of the local government for the local government area, or 24 division of the local government area, for which the election was to be held. 25 (4) The persons appointed are taken to have been properly elected as 26 councillors of the local government. 27 if number of candidates exceeds number required 28 Procedure 257.(1) If the number of candidates properly nominated for election 29 exceeds the number required to be elected, a poll must be conducted under 30

153 Local Government this Part. 1 (2) The returning officer must give public notice that a poll will be 2 conducted. 3 (3) The notice must-- 4 (a) be in the approved form; and 5 (b) specify-- 6 (i) the day the poll will be conducted; and 7 (ii) the names of all candidates properly nominated for election 8 in the order decided under section 273 (Order of listing of 9 candidates' names); and 10 (iii) the location of all ordinary polling booths to be used for 11 taking the ballot in the poll; and 12 (iv) that the ordinary voting hours are from 8 a.m. to 6 p.m.; and 13 (c) be displayed in a conspicuous position at the place of nomination 14 and, if that place is not the local government's public office, 15 displayed at the public office; and 16 (d) be published in a newspaper circulating generally in the local 17 government area, or division of the local government area, for 18 which the poll will be conducted. 19 (4) Display of a notice under subsection (3)(c) must-- 20 (a) start as soon as practicable after noon on the nomination day; and 21 (b) continue until the close of the poll. 22 of voters roll 23 Supply 258.(1) If a poll is to be conducted in the election, the returning officer 24 must give a copy of the voters roll to each candidate as soon as practicable 25 after the nomination day. 26 (2) The copy of the roll must be certified by the returning officer in the 27 approved form. 28

154 Local Government on death of candidate when poll to be conducted 1 Procedure 259.(1) If a poll is to be conducted and a candidate dies after noon on the 2 nomination day but before the polling day-- 3 (a) for a candidate as mayor--the proceedings for the election of the 4 mayor must start again; and 5 (b) for a candidate as councillor (other than mayor) if the local 6 government's area is undivided--the proceedings for the election 7 of the councillors must start again; and 8 (c) for a candidate as a councillor for a division of local 9 government's area--the proceedings for the election of 10 councillors for the division must start again. 11 (2) The deceased candidate's deposit must be refunded to the candidate's 12 personal representative. 13 (3) The deposits of other candidates must be refunded to the candidates. 14 (4) Despite subsection (1), the Governor in Council may, by Gazette 15 notice, direct that proceedings for holding an election of all councillors of 16 the local government start again. 17 (5) If proceedings are started again, the Governor in Council must, by 18 Gazette notice, fix a new polling day for the election. 19 of deposits generally 20 Disposal 260.(1) As soon as practicable after the declaration of the result of a poll, 21 each candidate's deposit must be refunded to the candidate if-- 22 (a) the candidate is elected; or 23 (b) if the system of voting at the election is optional-preferential 24 voting--the number of first preference votes received by the 25 candidate is more than 4% of the total number of formal first 26 preference votes cast in the election; or 27 (c) if the system of voting at the election is first-past-the-post 28 voting--the number of votes received by the candidate is more 29 than 4% of the total number of formal votes cast in the election. 30 (2) All other candidates' deposits become the property of the local 31 government and must be paid into its operating fund. 32

155 Local Government successful candidate dies 1 If 261. If a candidate who is successful at the election dies before the final 2 result of the poll is declared, the candidate must be declared elected to the 3 office for which the person was a candidate. 4 of times 5 Extension 262.(1) This section applies if-- 6 (a) a nomination day is specified under section 248 (Calling for 7 nominations) for the election; or 8 (b) a polling day is specified under section 257 (Procedure if number 9 of candidates exceeds number required) for the election. 10 (2) The Governor in Council may, by Gazette notice, fix a later day as the 11 nomination or polling day. 12 (3) The returning officer must publish a notice in a newspaper circulating 13 generally in the local government area, or division of the local government 14 area, for which the election is to be held giving any necessary directions to 15 candidates for election, and to electors, about the procedures to be followed. 16 5--Ballots 17 Division by ballot 18 Poll 263. A poll must be conducted by ballot taken under this Part. 19 that poll be conducted by postal ballot 20 Direction 264.(1) If the local government's area includes a large rural sector, the 21 Governor in Council may, by Gazette notice, direct that a poll be conducted 22 by postal ballot. 23 (2) The direction may be given for-- 24 (a) the whole of its area; or 25 (b) 1 or more divisions of its area; or 26 (c) a part of its area marked on a map. 27

156 Local Government (3) The map is open to inspection. 1 6--Polling booths 2 Division booths--general 3 Polling 265.(1) A place on or from which liquor may lawfully be sold cannot be 4 used as a polling booth. 5 (2) However, a civic or cultural centre, community hall or similar place 6 under the local government's control, may be used as a polling booth if-- 7 (a) the floor area for taking the ballot is designated in the notice of the 8 conduct of the poll under section 257 (Procedure if number of 9 candidates exceeds number required); and 10 (b) the local government ensures that no liquor will be sold or 11 supplied in that area during the taking of the ballot. 12 (3) The returning officer-- 13 (a) may arrange for a polling booth within or outside the local 14 government area, or division of the local government area, to be 15 used in an election; and 16 (b) may arrange for 2 or more polling booths at any place if the 17 number of electors likely to vote at the place is greater than could 18 conveniently vote in 1 booth at the place; and 19 (c) must ensure that each polling booth is provided with enough 20 ballot boxes, ballot papers and materials to enable electors to 21 mark the ballot papers. 22 of ordinary polling booths 23 Provision 266.(1) For the purpose of taking a ballot in the election, the returning 24 officer must arrange for places, or parts of places, to be used on polling day 25 as ordinary polling booths to enable electors in general to vote. 26 (2) The returning officer may-- 27 (a) less than 3 days before polling day arrange for an ordinary polling 28 booth to be used; or 29

157 Local Government (b) less than 6 days before polling day cancel arrangements for the 1 use of an ordinary polling booth; 2 only if it is necessary because of circumstances beyond the returning 3 officer's control. 4 (3) If, after publication of the notice under section 257 (Procedure if 5 number of candidates exceeds number required), the returning officer 6 arranges for the use of an ordinary polling booth, the officer must give 7 public notice-- 8 (a) of the location of the booth; and 9 (b) that the ordinary voting hours of the booth are from 8 a.m. to 10 6 p.m.. 11 (4) If the returning officer cancels arrangements for the use of an 12 ordinary polling booth, the officer must give public notice of the 13 cancellation. 14 (5) Notice under subsection (3) or (4) must be given in the way that the 15 returning officer considers is the best way to inform electors generally. 16 of mobile polling booths 17 Declaration 267.(1) If the returning officer is satisfied residents in an institution 18 should be able to vote at the institution in a poll, the returning officer may 19 arrange for the whole or a part of the institution to be available as a mobile 20 polling booth to enable residents in the institution to vote there in the poll. 21 (2) If the returning officer is satisfied a part of the local government area 22 or division of the local government area does not have enough electors to 23 justify the use of an ordinary polling booth in the part, the returning officer 24 may arrange for the whole or part of any place in the part to be available as a 25 mobile polling booth to enable electors in the part to vote in the poll. 26 (3) If the returning officer acts under subsection (1) or (2), the officer 27 must fix the times, during the period starting 11 days before the polling day 28 and ending at 6 p.m. on the polling day, when the mobile polling booth may 29 be used for voting. 30 (4) The returning officer must, by notice published in a newspaper 31 circulating generally in the relevant part of the local government area-- 32

158 Local Government (a) declare the whole or part of the relevant institution or place as a 1 mobile polling booth for the election; and 2 (b) specify the times at which votes may be cast at the booth. 3 (5) The notice must be in the approved form. 4 (6) The returning officer also must give written notice to the candidates 5 for election of the declaration of the mobile polling booth and the times at 6 which votes may be cast at the booth. 7 (7) On the declaration of a mobile polling booth for an election, the 8 electors resident in the relevant institution or the electors resident in the part 9 of the local government area in which the booth is situated, may vote in the 10 election at the booth during the times specified for the booth in the notice 11 published under subsection (4). 12 of person in charge of institution 13 Duty 268.(1) If the returning officer arranges for the whole or part of an 14 institution to be used as an ordinary polling booth, the person in charge of 15 the institution must allow electors and issuing officers to have access to the 16 booth whenever votes may be cast at the booth. 17 (2) If the returning officer declares the whole or part of an institution as a 18 mobile polling booth, the person in charge of the institution must allow 19 residents in the institution and issuing officers to have access to the booth 20 whenever votes may be cast at the booth. 21 of voting 22 Privacy 269. The returning officer must ensure that each polling booth is 23 provided with enough voting compartments, or other adequate facilities, to 24 allow the casting of votes in private. 25 Division 7--Ballot boxes, papers and other documents 26 boxes generally 27 Ballot 270.(1) A ballot box used in a poll must be under the scrutiny and 28 effective control of an issuing officer. 29

159 Local Government (2) A ballot box must-- 1 (a) have an opening of a size sufficient to allow folded ballot papers 2 and declaration envelopes to be put in the box; and 3 (b) be open to inspection by issuing officers, candidates for election 4 at the poll, and scrutineers properly appointed for the poll, before 5 the box is locked or sealed for receipt of ballot papers. 6 of ballot papers 7 Requirements 271.(1) If a poll is to be conducted, the returning officer must arrange for 8 the printing of all ballot papers to be used in taking the ballot in the poll. 9 (2) A ballot paper must-- 10 (a) be in the approved form; and 11 (b) be of material that, when folded, the vote cast by the elector on the 12 paper is effectively concealed; and 13 (c) be attached to a butt that-- 14 (i) is not part of the ballot paper; and 15 (ii) is perforated to allow the ballot paper to be easily detached 16 from the butt; and 17 (iii) is numbered in regular arithmetical sequence, starting with 18 the numeral 1 and proceeding by intervals of one whole 19 numeral, so that each butt for the local government area, or 20 division of the local government area, for which the poll is 21 conducted has a unique number; and 22 (d) show the name of each candidate for election as required by 23 subsection (3); and 24 (e) if the names of 2 or more candidates are so similar as to be likely 25 to cause confusion to electors--must contain an appropriate 26 description or addition, in the returning officer's opinion, to 27 distinguish the persons' names; and 28 (f) if a candidate endorsed by a political party was nominated under 29 section 250(1)(a) (How and when nomination is given)--contain, 30 printed adjacent to the candidate's name, the name of the political 31 party as it would be required to be shown in a ballot paper under 32

160 Local Government the Electoral Act 1992. 1 (3) A ballot paper must-- 2 (a) contain the name of each candidate once only by showing first the 3 surname followed by the given name or names; and 4 (b) show the names of the candidates in the order decided under 5 section 273 (Order of listing of candidates' names). 6 (4) A ballot paper must not contain anyone else's name. 7 ballot papers for separate polls 8 Separate 272.(1) This section applies if a poll for election of mayor of the local 9 government is to be conducted when a poll for election of another councillor 10 of the local government is conducted. 11 (2) One ballot paper must be used in both polls, unless the local 12 government, by resolution, instructs the returning officer that separate ballot 13 papers be printed for use in the polls. 14 (3) The returning officer must comply with the instruction. 15 of listing of candidates' names 16 Order 273.(1) The order in which names of candidates for election are to be 17 listed on ballot papers and notices under section 257 (Procedure if number 18 of candidates exceeds number required) is to be decided under this section. 19 (2) The order must be decided by the returning officer as soon as 20 practicable after noon on the nomination day. 21 (3) The returning officer must, in the presence of 2 witnesses-- 22 (a) write the name of each candidate on a separate sheet of paper; and 23 (b) ensure that each piece of paper is of the same kind, shape, size 24 and colour; and 25 (c) put each separate piece of paper in a separate envelope and, if it is 26 necessary to fold the piece of paper to make it fit in the envelope, 27 fold each piece of paper in the same way to make each the same 28 size and thickness; and 29

161 Local Government (d) ensure that each envelope is opaque and of the same kind, shape, 1 size and colour; and 2 (e) after each piece of paper has been placed in an envelope, seal the 3 envelope; and 4 (f) put all the envelopes in a container and shuffle them; and 5 (g) draw out the envelopes, 1 at a time; and 6 (h) as each envelope is drawn out, open it and record the name of the 7 candidate shown on the piece of paper in the envelope. 8 (4) The order in which the names are recorded is the order in which the 9 names are to appear on the ballot paper and notices under section 257 10 (Procedure if number of candidates exceeds number required). 11 (5) The returning officer must-- 12 (a) give written notice to each candidate of the day, time and place at 13 which the order of candidates' names will be decided; and 14 (b) allow the candidate, or the candidate's representative, to be 15 present. 16 of ballot papers 17 Distribution 274.(1) The returning officer must ensure a sufficient number of ballot 18 papers is available at all polling booths. 19 (2) The returning officer must prepare a delivery note in the approved 20 form in triplicate for each parcel of ballot papers supplied by the returning 21 officer to presiding officers at polling booths. 22 (3) The approved form must-- 23 (a) show details of the number of ballot papers supplied; and 24 (b) show the range of numbers of the ballot papers; and 25 (c) include a form of acknowledgment of receipt of the ballot papers. 26 (4) Two copies of the delivery note must be included in the parcel of 27 ballot papers. 28 (5) As soon as practicable after a presiding officer receives a parcel of 29 ballot papers, the presiding officer must-- 30

162 Local Government (a) check the contents against the details shown in the delivery note; 1 and 2 (b) complete the particulars prescribed by the delivery note; and 3 (c) sign the form of acknowledgment included in the delivery note. 4 (6) If there is a discrepancy between the details shown in the delivery 5 note and the contents of the parcel, the presiding officer must cause a 6 countercheck to be made by-- 7 (a) if another presiding officer is available--the other presiding 8 officer; or 9 (b) if another presiding officer is not available--a responsible person. 10 (7) A discrepancy confirmed by a countercheck must be noted in the 11 form of acknowledgment and the form must be signed by the presiding 12 officer and the person who made the countercheck. 13 (8) The presiding officer must return 1 copy of the delivery note to the 14 returning officer and retain the other copy of the delivery note until it is 15 given to the returning officer with the sealed parcels of ballot papers under 16 section 308 (Preliminary counting by presiding officer). 17 of errors etc. 18 Correction 275. Any error, omission or delay in respect of any voters roll, ballot 19 papers or other document to be used in a poll may be corrected by 20 procedures directed by the Governor in Council, by Gazette notice. 21 Division 8--Scrutineers 22 entitlement to scrutineers 23 Candidates' 276. A candidate for election is entitled to have 1 scrutineer present for 24 each issuing officer at a polling booth or at a place for examination of 25 declaration envelopes or counting of votes-- 26 (a) before and at all times when electors may vote in the booth; and 27 (b) at all times during the examination or counting. 28

163 Local Government of scrutineers 1 Appointment 277.(1) A candidate for election may, in the approved form, appoint 2 adults as scrutineers for the candidate. 3 (2) On appointment, a scrutineer must make a declaration in the 4 approved form before the returning officer or a presiding officer. 5 of identification 6 Proof 278. A scrutineer must-- 7 (a) carry evidence of identification and of the person's appointment 8 as a scrutineer; and 9 (b) on demand, produce the evidence to an issuing officer. 10 of scrutineers 11 Powers 279.(1) A scrutineer for a candidate for election is entitled to be present-- 12 (a) in a polling booth--before taking the ballot in the poll starts to 13 inspect ballot boxes; and 14 (b) in a polling booth and any office of the presiding officer at the 15 booth--when electors may vote in the booth; and 16 (c) in a polling booth or other place--to watch the examination of 17 declaration envelopes and counting of votes. 18 (2) A scrutineer may-- 19 (a) object to an issuing officer's decision on a person's entitlement to 20 vote at the election; and 21 (b) object to the acceptance or rejection of a ballot paper by the 22 returning or presiding officer; and 23 (c) record details of persons who vote at the election at a polling 24 booth and remove the record from the booth. 25 Division 9--Voting generally 26

164 Local Government may vote 1 Who 280.(1) Only electors may vote in a ballot taken in a poll. 2 (2) The returning officer must not vote in the election. 3 votes may be cast at an ordinary polling booth or mobile 4 When polling booth 5 281.(1) Voting at an ordinary polling booth must take place between 6 8 a.m. and 6 p.m. on polling day. 7 (2) However, an elector who is in an ordinary polling booth at 6 p.m. on 8 polling day, for the purpose of voting in the poll, must be allowed to vote. 9 (3) Voting at a mobile polling booth must take place during the times 10 fixed for the booth by the returning officer. 11 (4) However, an elector who is in a mobile polling booth at the time of 12 the close of voting at the booth, for the purpose of voting in the poll, must 13 be allowed to vote. 14 for voting at a polling booth 15 Procedure 282.(1) Subject to sections 284 (Arrangements for electors with 16 disability) and 286 (Arrangements for electoral visitor voting), an elector, 17 other than a declaration voter, must vote at a polling booth under the 18 procedures set out in this section. 19 (2) The elector must enter a polling booth for the local government area, 20 or division of the local government area, during voting hours at the booth. 21 (3) In the polling booth, the elector must give the elector's full name and 22 address to an issuing officer. 23 (4) If the elector-- 24 (a) has a ballot paper and declaration envelope for the election; and 25 (b) does not intend to cast a declaration vote; 26 the elector must return the ballot paper and declaration envelope to the 27 issuing officer. 28 (5) The issuing officer must give a ballot paper to a person asking for it if 29

165 Local Government the issuing officer is satisfied the person is entitled to vote at the election. 1 (6) The issuing officer may ask a person questions to decide whether the 2 person is entitled to vote at the election. 3 (7) If, because of the answers to the questions, the issuing officer 4 suspects, on reasonable grounds, a person is not entitled to vote at the 5 election, the person must cast a declaration vote as if the person were an 6 elector. 7 (8) The issuing officer must place a mark, in ink, on the officer's copy of 8 the voters roll against the name of each person given a ballot paper by the 9 officer. 10 (9) An issuing officer who gives a ballot paper to a person must, if asked 11 by a scrutineer, keep a record of the objection by the scrutineer to the 12 entitlement of the person to vote. 13 (10) On being given the ballot paper, the elector must, without delay-- 14 (a) go alone into an unoccupied voting compartment in the polling 15 booth; and 16 (b) there, in private, mark a vote on the ballot paper in accordance 17 with Division 11 (Marking of ballot papers); and 18 (c) fold the ballot paper, concealing the vote, and put it in the 19 appropriate ballot box in the polling booth; and 20 (d) leave the polling booth. 21 of issuing officer for returned papers 22 Duties 283.(1) An issuing officer must-- 23 (a) record in the approved form the giving of a ballot paper to a 24 person who has returned a ballot paper and declaration envelope 25 to the officer under section 282(4) (Procedure for voting at a 26 polling booth); and 27 (b) attach to the form all ballot papers and declaration envelopes 28 returned to the officer; and 29 (c) give the form and the attached documents to the presiding officer. 30 (2) The presiding officer must set aside the form and attached documents 31

166 Local Government in the officer's custody for separate identification under section 308(1)(g)(ii) 1 (Preliminary counting by presiding officer). 2 for electors with disability 3 Arrangements 284.(1) This section applies if an elector cannot enter a polling booth 4 because of illness, disability or advanced pregnancy, but is able to come to a 5 place (the "voting place") close to the polling booth. 6 (2) The issuing officer may perform the issuing officer's functions, and 7 the elector may vote at the voting place, as if it were the polling booth. 8 (3) However, the issuing officer must-- 9 (a) before taking any action under subsection (2), inform the 10 scrutineers present of the proposed action; and 11 (b) allow 1 scrutineer for each candidate to be present at the voting 12 place; and 13 (c) ensure that after the ballot paper is marked, it is-- 14 (i) folded to conceal the vote; and 15 (ii) put in an envelope or, if the vote is a declaration vote, a 16 declaration envelope; and 17 (d) seal the envelope; and 18 (e) if-- 19 (i) the vote is a declaration vote--put the sealed declaration 20 envelope in the appropriate ballot box inside the polling 21 booth; or 22 (ii) if the vote is not a declaration vote--open the envelope 23 inside the polling booth in the presence of any scrutineers, 24 ensuring the ballot paper remains folded, and put the folded 25 ballot paper in the appropriate ballot box. 26 (4) The issuing officer must ensure that, as far as practicable-- 27 (a) for a declaration vote--section 294 (How declaration vote may be 28 cast at a polling booth) is complied with when the elector votes; 29 or 30 (b) for another vote--section 282 (Procedure for voting at a polling 31

167 Local Government booth) is complied with when the elector votes. 1 (5) Subsections (2) and (3) apply to all types of voting under this 2 Division. 3 for electors at institutions 4 Arrangements 285.(1) If a polling booth is an institution or part of an institution, an 5 issuing officer may visit electors resident in the institution, or part of the 6 institution, for the purpose of enabling them to vote. 7 (2) Before taking action under subsection (1), the issuing officer must 8 inform the scrutineers present of the proposed action. 9 (3) When visiting an elector in an institution, the issuing officer must-- 10 (a) take to the elector-- 11 (i) a ballot paper or a declaration form, ballot paper and 12 declaration envelope; and 13 (ii) a ballot box; and 14 (iii) anything else necessary to enable the elector to vote; and 15 (b) if a scrutineer wishes--be accompanied by the scrutineer. 16 (4) The issuing officer must ensure that, as far as practicable-- 17 (a) for a declaration vote--section 294 (How declaration vote may be 18 cast at a polling booth) is complied with when the elector votes; 19 or 20 (b) for another vote--section 282 (Procedure for voting at a polling 21 booth) is complied with when the elector votes. 22 for electoral visitor voting 23 Arrangements 286.(1) The following electors are entitled to be electoral visitor voters-- 24 (a) electors who, because of illness, disability or advanced 25 pregnancy, will be prevented from voting at a polling booth; 26 (b) electors who, because they are caring for a person who is ill, has a 27 disability or is pregnant, will be prevented from voting at a 28 polling booth. 29

168 Local Government (2) An elector who is entitled to be an electoral visitor voter may apply to 1 the returning officer to vote as an electoral visitor voter. 2 (3) The application must be in the approved form. 3 (4) If the application is received not later than 6 p.m. on the Thursday 4 before polling day, the returning officer must direct an issuing officer to 5 visit the elector to enable the elector to vote. 6 (5) As soon as practicable after the returning officer has directed an 7 issuing officer to visit electors, the returning officer must inform each 8 candidate for election of-- 9 (a) the place from which the issuing officer proposes to start making 10 visits; and 11 (b) the time or times on the day or days when the issuing officer 12 proposes to start making visits. 13 (6) The issuing officer must visit an elector at a reasonable hour before 14 6 p.m. on polling day. 15 (7) When visiting an elector, the issuing officer must-- 16 (a) take to the elector-- 17 (i) a ballot paper or a declaration form, ballot paper and 18 declaration envelope; and 19 (ii) a ballot box; and 20 (iii) anything else necessary to enable the elector to vote; and 21 (b) if a scrutineer wishes--be accompanied by the scrutineer. 22 (8) The issuing officer must ensure that, as far as practicable-- 23 (a) for a declaration vote--section 294 (How declaration vote may be 24 cast at a polling booth) is complied with when the elector votes; 25 or 26 (b) for another vote--section 282 (Procedure for voting at a polling 27 booth) is complied with when the elector votes. 28 for electors in voting 29 Help 287.(1) If an elector satisfies an issuing officer that the elector cannot 30

169 Local Government vote without help, the elector may be accompanied into an unoccupied 1 voting compartment in a polling booth, or be otherwise helped, by someone 2 chosen by the elector. 3 (2) The person may help the elector in any of the following ways-- 4 (a) if asked by the elector--stating the names of candidates; 5 (b) acting as interpreter; 6 (c) explaining the ballot paper and the requirements of Division 11 7 (Marking of ballot papers) about its marking; 8 (d) marking, or helping to mark, the ballot paper in the way the 9 elector wishes; 10 (e) folding the ballot paper and putting it into a ballot box or a 11 declaration envelope; 12 (f) sealing a declaration envelope or putting it into a ballot box. 13 (3) Subsections (1) and (2) apply to all types of voting. 14 (4) This section applies despite any of the following provisions-- 15 � section 282(10) (Procedure for voting at a polling booth) 16 � section 294 (How declaration vote may be cast at a polling booth) 17 � section 297 (Casting a declaration vote by post). 18 of poll 19 Adjournment 288.(1) If the conduct of a poll is, or is likely to be, obstructed or 20 interrupted from any cause, the returning officer may adjourn the conduct of 21 the poll generally or at a particular polling booth. 22 (2) If the conduct of a poll at a particular polling booth is, or is likely to 23 be, obstructed or interrupted from any cause, the presiding officer at the 24 booth may adjourn the conduct of the poll at the booth. 25 (3) If a poll is adjourned under subsection (1) or (2), the returning officer 26 must fix a day (not later than 34 days after the day on which the poll is 27 adjourned) for conducting the adjourned poll. 28 (4) The returning officer must give public notice of the day fixed-- 29 (a) in a newspaper circulating generally in the relevant part of the 30

170 Local Government local government area; and 1 (b) in other ways the returning officer considers appropriate. 2 Division 10--Declaration voting 3 may cast a declaration vote 4 Who 289. The following electors may cast a declaration vote-- 5 (a) an elector who, during ordinary voting hours on polling day, will 6 not be within 8 km, by the nearest practicable route, from a 7 polling booth; 8 (b) an elector who, during ordinary voting hours on polling day, will 9 be working or travelling under conditions that prevent voting at a 10 polling booth; 11 (c) an elector who, because of illness, disability or advanced 12 pregnancy, will be prevented from voting at a polling booth; 13 (d) an elector who, because the elector is caring for a person who is 14 ill, has a disability or is pregnant, will be prevented from voting at 15 a polling booth; 16 (e) an elector who, because of membership of a religious order or 17 because of religious beliefs, will be prevented from voting at a 18 polling booth for all, or most, of the ordinary voting hours on 19 polling day; 20 (f) an elector who, on polling day, will be serving a sentence of 21 imprisonment, or under other detention; 22 (g) an elector whose address has been omitted from a voters roll-- 23 (i) because of section 58 of the Electoral Act 1992; or 24 (ii) under an arrangement under section 62 of the Electoral Act 25 1992 because of section 104 of the Electoral Act 1918 26 (Cwlth). 27

171 Local Government must cast a declaration vote in ordinary elections 1 Who 290. In an election (other than a postal ballot election), the following 2 persons must cast a declaration vote-- 3 (a) an elector whose name is not on the voters roll apparently because 4 of an official error; 5 (b) an elector who is not enrolled on the voters roll, but is entitled to 6 be enrolled, because of section 64(1)(a)(ii) of the Electoral 7 Act 1992; 8 (c) an elector who appears, from a record apparently made in error, 9 to have already voted in the election; 10 (d) a person who is given a ballot paper and declaration envelope for 11 voting because an issuing officer suspects, on reasonable 12 grounds, that the person is not a particular elector. 13 voting for postal ballot elections 14 Declaration 291. An elector in a postal ballot election must cast a declaration vote. 15 declaration vote is cast 16 How 292. Subject to section 282 (Procedure for voting at a polling booth), an 17 elector who may or must make a declaration vote must cast the vote by-- 18 (a) if the elector cannot enter a polling booth because of illness, 19 disability or advanced pregnancy--going to a place close to a 20 polling booth and voting at that place; or 21 (b) going to a polling booth in the local government area, or division 22 of the local government area, during voting hours at the booth and 23 following the procedures set out in section 294 (How declaration 24 vote may be cast at a polling booth); or 25 (c) going to the local government's public office before polling day 26 and following the procedures set out in section 298 (Declaration 27 voting before polling day); or 28 (d) if the elector is an elector mentioned in section 289 (Who may 29 cast a declaration vote) or an elector for a postal ballot 30 election--using the ballot paper and declaration envelope given to 31

172 Local Government the elector by the returning officer, and following the procedures 1 set out in section 297 (Casting a declaration vote by post). 2 of ballot papers to electors who may or must cast 3 Distribution declaration vote 4 293.(1) An elector mentioned in section 289 (Who may cast a declaration 5 vote) may apply to the returning officer, or a presiding officer for the 6 election, for a ballot paper and a declaration envelope. 7 (2) The application must be in the approved form. 8 (3) The returning officer or presiding officer must, as soon as practicable, 9 give a ballot paper and the approved declaration envelope to the applicant 10 if-- 11 (a) the application is received by the officer not later than 6 p.m. on 12 the Thursday before polling day; and 13 (b) the officer is satisfied the applicant is entitled to vote and make the 14 application. 15 (4) If the returning officer or presiding officer is satisfied the applicant is 16 an elector mentioned in section 290 (Who must cast a declaration vote in 17 ordinary elections), the officer-- 18 (a) must not give a ballot paper to the applicant; but 19 (b) must give to the applicant an approved declaration form. 20 (5) If the returning officer or presiding officer is satisfied the applicant 21 has properly completed the declaration form, the officer must, as soon as 22 practicable, give a ballot paper and the approved declaration envelope to the 23 applicant. 24 (6) The things given to an applicant under subsection (3) or (5) must be 25 accompanied by an unsealed prepaid post envelope addressed to the 26 returning officer and bearing the words `Ballot paper--(insert City, Town 27 or Shire) of (insert name of local government area)'. 28 declaration vote may be cast at a polling booth 29 How 294.(1) An elector who must cast a declaration vote, other than an elector 30 for a postal ballot election, may cast the vote by-- 31

173 Local Government (a) entering a polling booth in the local government area, or division 1 of the local government area, during voting hours at the booth; 2 and 3 (b) completing the declaration form given to the elector by an issuing 4 officer. 5 (2) If the issuing officer is satisfied the elector has properly completed 6 the declaration form, the officer must give a ballot paper and the approved 7 declaration envelope to the elector. 8 (3) On being given the ballot paper and the declaration envelope, the 9 elector must, without delay-- 10 (a) sign the appropriate declaration on the declaration envelope before 11 the issuing officer and have the officer sign the envelope as 12 witness; and 13 (b) go alone into an unoccupied voting compartment in the polling 14 booth; and 15 (c) there, in private, mark a vote on the ballot paper in accordance 16 with Division 11 (Marking of ballot papers); and 17 (d) fold the ballot paper, put it in the envelope and seal the envelope; 18 and 19 (e) put the sealed envelope in the appropriate ballot box in the polling 20 booth; and 21 (f) leave the polling booth. 22 of ballot papers to electors for postal ballot election 23 Distribution 295.(1) For a postal ballot election, the returning officer must post a 24 ballot paper and approved declaration envelope to each elector for the postal 25 ballot election as soon as practicable after the nomination day. 26 (2) However, if the returning officer is satisfied an elector is one 27 mentioned in section 290 (Who must cast a declaration vote in ordinary 28 elections), the officer-- 29 (a) must not give a ballot paper and declaration envelope to the 30 elector; and 31 (b) must give to the elector an approved declaration form. 32

174 Local Government (3) If the returning officer is satisfied the elector has properly completed 1 the declaration form, the officer must, as soon as practicable, give a ballot 2 paper and the approved declaration envelope to the elector. 3 (4) The things posted to electors under subsection (1) or (3) must be 4 accompanied by an unsealed prepaid post envelope addressed to the 5 returning officer and bearing the words `Ballot paper--(insert City, Town 6 or Shire) of (insert name of local government area).'. 7 of ballot papers given to postal voters 8 Record 296. The issuing officer who gives a ballot paper and declaration 9 envelope under section 293 (Distribution of ballot papers to electors who 10 may or must cast declaration vote) or 295 (Distribution of ballot papers to 11 electors for postal ballot election) must-- 12 (a) keep a record of the ballot paper and envelope given; and 13 (b) sign the record. 14 a declaration vote by post 15 Casting 297.(1) An elector who has received a ballot paper and declaration 16 envelope under section 293 (Distribution of ballot papers to electors who 17 may or must cast declaration vote) or 295 (Distribution of ballot papers to 18 electors for postal ballot election) must, before 6 p.m. on polling day-- 19 (a) sign the declaration on the declaration envelope in the presence of 20 an adult, and have the adult sign the envelope as witness; and 21 (b) in private, mark a vote on the ballot paper in accordance with 22 Division 11 (Marking of ballot papers); and 23 (c) fold the ballot paper, put it in the declaration envelope and seal the 24 envelope; and 25 (d) put the sealed declaration envelope containing the ballot paper in 26 the prepaid post envelope mentioned in section 293(6) or 295(4) 27 and post or give the envelope to the returning officer for the 28 election. 29 (2) On receipt of the sealed envelope, the returning officer must put it in 30 the appropriate ballot box. 31

175 Local Government voting before polling day 1 Declaration 298.(1) The returning officer must declare 1 of the following places as a 2 polling booth to enable electors entitled to cast a declaration vote under 3 section 289 (Who may cast a declaration vote) to cast a vote at the election 4 before polling day-- 5 (a) the local government's public office, or a part of the public office; 6 or 7 (b) another office used by the local government to receive rate 8 payments; or 9 (c) if the returning officer is satisfied it is impracticable for a place 10 mentioned in paragraph (a) or (b) to be used as a polling 11 booth--another convenient place in the local government area. 12 (2) An elector mentioned in subsection (1) may, at any time during the 13 relevant election period when the public office is open for the conduct of 14 business, ask an issuing officer at the public office for a ballot paper. 15 (3) Subject to section 282(5) to (7) (Procedure for voting at a polling 16 booth), the issuing officer must comply with the request. 17 (4) An elector who wishes to vote under subsection (1)-- 18 (a) must complete and sign the approved application form; and 19 (b) must comply with section 282; and 20 (c) need not complete a declaration envelope. 21 (5) If an elector is an elector who must cast a declaration vote under 22 section 290 (Who must cast a declaration vote in ordinary elections), the 23 elector-- 24 (a) must complete and sign the approved application form and 25 declaration form; and 26 (b) on being given a ballot paper and the approved declaration 27 envelope, must comply with section 294(3) (How declaration 28 vote may be cast at a polling booth) without delay. 29 (6) In subsection (2)-- 30 "relevant election period" means the period-- 31 (a) not earlier than-- 32

176 Local Government (i) 14 days before polling day; or 1 (ii) the longer period that the returning officer fixes and notifies 2 in a newspaper circulating in the local government area, or 3 division of the local government area; and 4 (b) not later than 6 p.m. on the day before polling day. 5 Division 11--Marking of ballot papers 6 voting 7 Optional-preferential 299.(1) For an election of a councillor if the local government area is 8 divided into single-member divisions, a vote is validly cast if the elector 9 votes in accordance with subsection (2) or (3). 10 (2) An elector may vote by marking on a ballot paper the numeral 1, or a 11 tick or a cross, in the square opposite the name of the candidate whom the 12 elector prefers. 13 (3) Instead of voting in accordance with subsection (2), an elector may 14 vote by-- 15 (a) marking on a ballot paper the numeral 1, or a tick or a cross, in 16 the square opposite the name of a candidate to record the elector's 17 first preference for the candidate; and 18 (b) marking-- 19 (i) the numeral 2 in another square; or 20 (ii) the numerals 2, 3, and so on (in regular arithmetical 21 sequence by intervals of 1 whole numeral) in other squares; 22 to record the order of the elector's preferences for 1 or more (but 23 not necessarily all) of the other candidates. 24 voting 25 First-past-the-post 300.(1) For an election other than one mentioned in section 299 26 (Optional-preferential voting), a vote is validly cast if the elector votes in 27 accordance with this section. 28 (2) For an election of mayor, the elector must mark on the ballot paper 29

177 Local Government the numeral 1, or a tick or cross, in the square opposite the name of the 1 candidate whom the elector prefers. 2 (3) For an election of other councillors, the elector must mark on the 3 ballot paper-- 4 (a) if 1 candidate is to be elected--the numeral 1, or a tick or cross, in 5 the square opposite the name of the candidate whom the elector 6 prefers; or 7 (b) if 2 or more candidates are to be elected-- 8 (i) the numeral 1, or a tick or a cross, in the square opposite the 9 name of 1 candidate for whom the elector wishes to vote; 10 and 11 (ii) the numeral 2, or the numerals 2, 3 and so on (in regular 12 arithmetical sequence by intervals of 1 whole numeral), as 13 the case may be, in the squares opposite the names of the 14 other candidate or candidates for whom the elector wishes to 15 vote, up to the number of candidates to be elected. 16 Division 12--Replacement ballot papers 17 of replacement ballot papers 18 Use 301.(1) If, while voting at a polling booth or voting under section 284 19 (Arrangements for electors with disability) or 286 (Arrangements for 20 electoral visitor voting), a ballot paper given to an elector is accidentally 21 defaced or destroyed, an issuing officer must give to the elector a 22 replacement ballot paper for use in the poll. 23 (2) However, before a replacement ballot paper can be given-- 24 (a) the ballot paper it replaces (the "replaced ballot paper") must 25 not have been already put in a ballot box in use in the poll; and 26 (b) the elector must declare, in the approved declaration form, before 27 the issuing officer that-- 28 (i) the replaced ballot paper has been accidentally defaced or 29 destroyed; and 30 (ii) the elector has not voted in the election; and 31

178 Local Government (c) if the replaced ballot paper has been accidentally defaced--the 1 elector must give the defaced ballot paper to the issuing officer; 2 and 3 (d) if the replaced ballot paper has been accidentally destroyed--the 4 elector must give to the issuing officer, if practicable, the remains 5 of the ballot paper; and 6 (e) the issuing officer must put the defaced ballot paper, or any 7 remains of the destroyed ballot paper, in an envelope, seal the 8 envelope and set it aside in the officer's custody for separate 9 identification under section 308(1)(g)(ii) (Preliminary counting by 10 presiding officer). 11 (3) If a ballot paper given to an elector under section 293 (Distribution of 12 ballot papers to electors who may or must cast declaration vote), or 295 13 (Distribution of ballot papers to electors for postal ballot election) is lost in 14 transit or is accidentally defaced or destroyed, the returning officer for the 15 election must, before 6 p.m. on polling day, give to the elector a 16 replacement ballot paper and the approved declaration envelope for use in 17 the election. 18 (4) However, before a replacement ballot paper can be given-- 19 (a) the elector must declare, in the approved declaration form, before 20 the issuing officer or an adult witness that-- 21 (i) the ballot paper it replaces (the "replaced ballot paper") 22 has not been received by the elector or has been accidentally 23 defaced or destroyed; and 24 (ii) the elector has not voted in the election; and 25 (b) if the replaced ballot paper has been accidentally defaced--the 26 elector must put the defaced ballot paper into the elector's original 27 declaration envelope or a replacement declaration envelope, seal 28 the envelope and give the envelope to the issuing officer; and 29 (c) if the replaced ballot paper has been accidentally destroyed--the 30 elector must, if practicable, put the remains of the destroyed ballot 31 paper into the elector's original declaration envelope or a 32 replacement declaration envelope, seal the envelope and give the 33 envelope to the issuing officer; and 34 (d) the issuing officer must set aside the elector's declaration 35

179 Local Government envelope in the officer's custody for separate identification under 1 section 308(1)(g)(ii) (Preliminary counting by presiding officer). 2 (5) The returning officer must record, in the approved form, the name 3 and place of residence of each person to whom a replacement ballot paper is 4 given. 5 (6) If a replacement ballot paper is used for voting-- 6 (a) the voting must take place under the appropriate provisions of 7 Division 9 (Voting generally) or 10 (Declaration voting); and 8 (b) the vote cast must be dealt with under the appropriate provisions 9 of Division 11 (Marking of ballot papers). 10 13--Effect of ballot papers 11 Division of ballot papers--optional-preferential voting 12 Effect 302.(1) This section applies to the election if the system of voting is 13 optional-preferential voting. 14 (2) For a ballot paper to have effect as recording a vote in the election-- 15 (a) the ballot paper-- 16 (i) must be completed in accordance with section 299 17 (Optional-preferential voting); or 18 (ii) must contain writing or marking, other than marks 19 mentioned in the section, indicating the elector's intended 20 preference, or intended order of preferences; and 21 (b) the ballot paper must not contain any writing or mark (other than 22 one permitted by this Part) by which the elector can, in the 23 returning officer's opinion, be identified; and 24 (c) the ballot paper must have been put into the appropriate ballot box 25 as required by this Part; and 26 (d) for a ballot paper put into a declaration envelope as required by 27 section 297 (Casting a declaration vote by post)-- 28 (i) section 297(1) must have been complied with; and 29

180 Local Government (ii) if the elector is an elector mentioned in section 289 (Who 1 may cast a declaration vote) and the declaration on the 2 envelope is witnessed by a person other than an issuing 3 officer--the signature of the declarant must correspond to 4 the signature of the relevant applicant under section 293 5 (Distribution of ballot papers to electors who may or must 6 cast declaration vote); and 7 (iii) if the declaration envelope is posted to the returning 8 officer--it must be received by the returning officer within 9 10 days after polling day. 10 (3) If a ballot paper shows 2 or more squares in which the same numeral 11 is marked, those numerals and any higher numerals marked in other 12 squares must be disregarded. 13 (4) If a ballot paper shows a break in the sequence of numerals marked 14 in the squares on the ballot paper to indicate preferences, the numeral that 15 breaks the sequence and any higher numerals marked in other squares must 16 be disregarded. 17 of ballot papers--first-past-the-post voting 18 Effect 303.(1) This section applies to the election if the system of voting is 19 first-past-the-post voting. 20 (2) For a ballot paper to have effect as recording a vote in the election-- 21 (a) the ballot paper-- 22 (i) must be completed in accordance with section 300 23 (First-past-the-post voting); or 24 (ii) must contain writing or marking indicating the elector's 25 intended preference, or intention to vote for any particular 26 candidate or candidates; and 27 (b) the ballot paper must not contain any writing or mark (other than 28 one authorised by this Part) by which the elector can, in the 29 returning officer's opinion, be identified; and 30 (c) the ballot paper must have been put in the appropriate ballot box 31 as required by this Part; and 32

181 Local Government (d) for a ballot paper put into a declaration envelope as required by 1 section 297 (Casting a declaration vote by post)-- 2 (i) section 297(1) must have been complied with; and 3 (ii) if the elector is an elector mentioned in section 289 (Who 4 may cast a declaration vote) and the declaration on the 5 envelope is witnessed by a person other than an issuing 6 officer--the signature of the declarant must correspond to 7 the signature of the relevant applicant under section 293 8 (Distribution of ballot papers to electors who may or must 9 cast declaration vote); and 10 (iii) if the declaration envelope is posted to the returning 11 officer--it must be received by the returning officer within 12 10 days after polling day. 13 (3) If 2 or more candidates are to be elected, a ballot paper must not be 14 rejected merely because it indicates the elector's intention to vote for a 15 number of candidates greater than the number to be elected. 16 vote presumed valid until contrary proved 17 Posted 304. If a declaration envelope and ballot paper to which section 297 18 (Casting a declaration vote by post) applies is received by a returning officer 19 by post, it must be presumed the provisions of section 297(1) have been 20 complied with in relation to the declaration on the envelope until the 21 contrary is proved. 22 and informal ballot papers 23 Formal 305.(1) A ballot paper that has effect to record a vote is a formal ballot 24 paper. 25 (2) A ballot paper that has no effect to record a vote is an informal ballot 26 paper. 27 paper partly formal and partly informal 28 Ballot 306.(1) This section applies if-- 29 (a) an election for mayor and an election for the other councillors of 30

182 Local Government the local government are held at the same time and 1 ballot paper 1 is used for both elections; and 2 (b) the ballot paper, as completed for an election, is informal but, as 3 completed for the other election, is formal. 4 (2) The informal part of the ballot paper must be rejected and the formal 5 part of the ballot paper must be counted under Division 14 (Counting of 6 votes). 7 Division 14--Counting of votes 8 to be counted in accordance with this Division 9 Votes 307. Votes cast in an election are to be counted as required by this 10 Division. 11 counting by presiding officer 12 Preliminary 308.(1) As soon as practicable after the end of ordinary voting hours on 13 polling day, the presiding officer for a polling booth, at a place nominated 14 by the presiding officer, in the presence of another issuing officer and any 15 candidates and scrutineers who wish to attend, must-- 16 (a) open all ballot boxes used at the polling booth; and 17 (b) identify, and keep in a separate parcel, all declaration votes; and 18 (c) examine all ballot papers that are not in declaration envelopes, 19 and-- 20 (i) identify, and keep in a separate parcel, all informal ballot 21 papers; and 22 (ii) if the system of voting is first-past-the-post voting--count 23 the number of votes for each candidate marked on all formal 24 ballot papers, and keep the ballot papers in a separate parcel; 25 (iii) if the system of voting is optional-preferential 26 voting--arrange all formal ballot papers under the names of 27 the candidates by putting in a separate parcel all formal ballot 28 papers on which a first preference vote is recorded for the 29

183 Local Government same candidate; and 1 (d) prepare a written statement in duplicate in the approved form 2 that-- 3 (i) sets out, in words and numerals, the number of votes for 4 each candidate if subsection (1)(c)(ii) applies, or the number 5 of first preference votes for each candidate if 6 subsection (1)(c)(iii) applies; and 7 (ii) sets out the number of declaration envelopes and informal 8 ballot papers; and 9 (iii) is signed by the presiding officer, and the issuing officer and 10 any scrutineers who are present and wish to sign; and 11 (e) seal up in separate parcels all formal and informal ballot papers, 12 declaration envelopes and unused ballot papers; and 13 (f) endorse on each parcel a description of its contents, sign the 14 endorsement and allow any scrutineers, who wish to do so, to 15 countersign the endorsement; and 16 (g) put into separate parcels-- 17 (i) the voters roll and all books and papers used by the 18 presiding officer in the poll with 1 copy of the statement 19 prepared under paragraph (d); and 20 (ii) all ballot papers or remains of ballot papers set aside, under 21 section 283(2) (Duties of issuing officer for returned papers) 22 or 301(2)(e) or (4)(d) (Use of replacement ballot papers), for 23 separate identification; 24 and endorse on each parcel a description of its contents; and 25 (h) endorse on each parcel-- 26 (i) the name of the local government area, or division of the 27 local government area, for which the election was held; and 28 (ii) the name of the polling booth from which the parcel has 29 come; and 30 (i) sign each endorsement. 31 (2) The presiding officer must then, if the officer is not the returning 32

184 Local Government officer, give to the returning officer, or to a person nominated by the 1 returning officer, as soon as practicable-- 2 (a) the parcels mentioned in subsection (1); and 3 (b) the copy of the statement prepared under subsection (1)(d) (other 4 than the copy mentioned in subsection (1)(g)); and 5 (c) a reconciliation statement for all ballot papers given out at the 6 presiding officer's polling booth and all votes put in ballot boxes 7 at the booth. 8 (3) A person must give to a presiding officer a receipt for the things 9 received by the person from the presiding officer under subsection (2). 10 processing of declaration votes by returning officer 11 Preliminary 309.(1) After 8 a.m. on polling day, the returning officer may open all 12 ballot boxes containing only declaration votes and examine the declaration 13 envelopes to decide whether the ballot papers in the envelopes are to be 14 accepted for counting. 15 (2) As soon as practicable after 6 p.m. on polling day, the returning 16 officer may open all other ballot boxes containing declaration votes and 17 examine the declaration envelopes to decide whether the ballot papers in the 18 envelopes are to be accepted for counting. 19 (3) As soon as practicable after receipt by the returning officer of a parcel 20 of declaration votes from a polling booth, the returning officer may open the 21 parcel and examine the declaration envelopes to decide whether the ballot 22 papers in the envelopes are to be accepted for counting. 23 for processing declaration envelopes 24 Procedure 310.(1) The returning officer must inform all candidates for election of 25 the times when, and the places where, declaration envelopes will be 26 examined by the returning officer and allow them, or their scrutineers, to 27 attend at the processing of declaration votes. 28 (2) If the returning officer is satisfied-- 29 (a) a declaration envelope has been properly completed; and 30 (b) the declarant on the envelope is entitled to cast a declaration vote 31

185 Local Government in the election; 1 the returning officer must, before opening the envelope, place a mark in ink 2 against the declarant's name on the voters roll. 3 (3) If a declaration envelope is accepted, the returning officer must take 4 from the envelope the ballot paper without unfolding it, or allowing anyone 5 else to unfold it, put it in a sealed ballot box and keep it there until it is dealt 6 with in the official counting of votes. 7 (4) The returning officer must-- 8 (a) put all ballot papers (not in declaration envelopes) that are in a 9 ballot box opened under section 309(2) (Preliminary processing 10 of declaration votes by returning officer) into a sealed ballot box, 11 without unfolding them, or allowing anyone else to unfold them; 12 and 13 (b) keep them there until they are dealt with in the official counting of 14 votes. 15 (5) If a declaration envelope is rejected, the returning officer must set it 16 aside in the officer's custody for separate identification. 17 (6) The returning officer must seal up in separate parcels, and keep in the 18 officer's custody for separate identification, all opened and unopened 19 declaration envelopes. 20 counting of votes 21 Official 311.(1) As soon as practicable after close of the poll in an election, the 22 returning officer must follow the procedures set out in this section, in the 23 presence of candidates for election, or scrutineers, who wish to attend. 24 (2) First, the returning officer must ascertain from the presiding officers' 25 statements under section 308(2) (Preliminary counting by presiding 26 officer)-- 27 (a) if the system of voting is first-past-the-post voting--the number 28 of votes cast for each candidate; or 29 (b) if the system of voting is optional-preferential voting--the 30 number of first preference votes cast for each candidate. 31 (3) Second, the returning officer must-- 32

186 Local Government (a) open all sealed parcels of ballot papers given to the returning 1 officer under section 308(2); and 2 (b) examine all ballot papers that are not in declaration envelopes 3 and-- 4 (i) if the system of voting is first-past-the-post voting--count 5 the number of votes cast for each candidate on formal ballot 6 papers, and keep the ballot papers in a separate parcel; or 7 (ii) if the system of voting is optional-preferential 8 voting--arrange all formal ballot papers under the names of 9 the candidates by putting in a separate parcel the formal 10 ballot papers on which a first preference vote is indicated for 11 the same candidate, and count the number of first preference 12 votes for each candidate on the formal ballot papers. 13 (4) Third, the returning officer must-- 14 (a) open all other ballot boxes on hand; and 15 (b) identify, and keep in a separate parcel, all informal ballot papers; 16 and 17 (c) examine all formal ballot papers and-- 18 (i) if the system of voting is first-past-the-post voting--count 19 the number of votes cast for each candidate on the ballot 20 papers, and keep the ballot papers in a separate parcel; or 21 (ii) if the system of voting is optional-preferential 22 voting--arrange the ballot papers under the names of the 23 candidates by putting in a separate parcel the ballot papers on 24 which a first preference vote is recorded for the same 25 candidate, and count the number of first preference votes for 26 each candidate on the ballot papers. 27 (5) Fourth, the returning officer must add together-- 28 (a) if the system of voting is first-past-the-post voting--the number 29 counted under subsections (3)(b)(i) and (4)(c)(i); or 30 (b) if the system of voting is optional-preferential voting--the 31 number counted under subsections (3)(b)(ii) and (4)(c)(ii). 32 (6) Fifth, the returning officer must reapply subsections (4) and (5) as 33

187 Local Government more declaration envelopes are received by the returning officer under 1 section 297 (Casting a declaration vote by post) after close of the poll. 2 of ballot paper to which objection is made 3 Treatment 312.(1) If, while a presiding officer or returning officer is complying 4 with section 308 (Preliminary counting by presiding officer) or 311 5 (Official counting of votes), a candidate or scrutineer objects to treatment of 6 a ballot paper as informal, the officer must mark on the back of it `formal' 7 or `informal' according to whether the officer's decision is to treat it as 8 formal or informal. 9 (2) If, while a presiding officer or returning officer, is complying with 10 section 308 or 311, a candidate or scrutineer objects to the counting of a 11 vote for a particular candidate, the officer must mark on the back of the 12 relevant ballot paper the name of the candidate for whom it is counted. 13 of votes for optional-preferential system 14 Counting 313.(1) This section applies to the counting of votes in an election in 15 which the system of voting is optional-preferential voting. 16 (2) If, on final counting under section 311 (Official counting of votes), a 17 majority of the first preference votes is for 1 candidate, that candidate is 18 elected. 19 (3) If not, a second count must take place. 20 (4) On the second count-- 21 (a) the candidate who has the fewest first preference votes must be 22 excluded; and 23 (b) each ballot paper that records a first preference vote for the 24 excluded candidate, and is not an exhausted ballot paper, must be 25 transferred to the candidate next in the order of the elector's 26 preference; and 27 (c) the ballot paper must be counted as recording a vote for the 28 candidate to whom it is transferred. 29 (5) If, on the second count, a candidate has a majority of the votes 30 remaining in the count, the candidate is elected. 31

188 Local Government (6) If not, the process of-- 1 (a) excluding the candidate who has fewest votes; and 2 (b) transferring each ballot paper that records a vote for the excluded 3 candidate, and is not an exhausted ballot paper, to the continuing 4 candidate next in order of the elector's preference; and 5 (c) counting the ballot paper as recording a vote for the candidate to 6 whom it is transferred; 7 must be repeated until 1 candidate has a majority of the votes remaining in 8 the count. 9 (7) The candidate who under subsection (6) has a majority of the votes 10 remaining in the count is elected. 11 (8) If, 2 or more candidates have an equal number of votes and 1 of them 12 must be excluded-- 13 (a) if there has been an earlier count--the candidate who had the 14 fewest votes at the last count at which the candidates did not have 15 an equal number of votes must be excluded; or 16 (b) if there has not been an earlier count or the candidates had an 17 equal number of votes at all earlier counts--the candidate whose 18 name is on a slip chosen under subsection (9) must be excluded. 19 (9) For the purposes of subsection (8)(b), the returning officer must-- 20 (a) write the names of the candidates who have an equal number of 21 votes on similar slips of paper; and 22 (b) fold the slips, concealing the names; and 23 (c) put the slips in an opaque container and shuffle them; and 24 (d) raise the container so that its contents cannot be seen and choose a 25 slip at random. 26 (10) If, after a count at which the candidate with fewest votes must be 27 excluded, 2 candidates have an equal number of votes and are the only 28 candidates not excluded, the returning officer must decide, by way of a 29 casting vote, which candidate is elected. 30 (11) In casting a vote under subsection (10), the returning officer need 31 not complete a ballot paper. 32

189 Local Government (12) Subsection (10) has effect despite section 280 (Who may vote). 1 of votes for first-past-the-post system 2 Counting 314.(1) This section applies to the counting of votes in an election in 3 which the system of voting is first-past-the-post voting. 4 (2) If the election is for mayor of the local government, the candidate 5 who receives the greatest number of votes is elected. 6 (3) If the election is for councillors (other than the mayor) of the local 7 government-- 8 (a) if 1 person only is to be elected--the candidate who receives the 9 greatest number of votes is elected; and 10 (b) if 2 or more persons are to be elected--the candidates elected 11 are-- 12 (i) the candidate who receives the greatest number of votes; and 13 (ii) the candidate who receives the next highest number of votes; 14 and 15 (iii) the candidate who receives the next highest number of votes; 16 and so on, up to the number of persons to be elected. 17 (4) If 2 or more candidates receive the same number of votes so that 18 subsection (2) or (3)(a) or (b) cannot be applied, the returning officer must 19 decide, by way of a casting vote, which candidate is elected. 20 (5) In casting a vote under subsection (4), the returning officer need not 21 complete a ballot paper. 22 (6) Subsection (4) has effect despite section 280 (Who may vote). 23 officer's duty after counting votes 24 Returning 315.(1) When the result of the poll for the election is known, the 25 returning officer must-- 26 (a) seal up all of the formal ballot papers, informal ballot papers, 27 declaration envelopes, defaced ballot papers, remains of destroyed 28 ballot papers, unused ballot papers, books and papers (other than 29

190 Local Government the voters roll) of each presiding officer used in the poll; and 1 (b) endorse on each parcel a description of its contents and sign the 2 endorsement; and 3 (c) allow any scrutineers, who wish to do so, to countersign the 4 endorsement. 5 (2) The returning officer must then-- 6 (a) examine the voters rolls used in the election and marked by 7 issuing officers to ascertain whether any elector has voted more 8 than once; and 9 (b) make a list in the approved form of the names and numbers on 10 the voters roll of all electors who appear to have voted more than 11 once in the election, enclose the original of the list with the voters 12 rolls in a sealed up parcel, and give a copy of the list to each 13 person who was a candidate in the election. 14 Division 15--Actions following poll 15 of poll 16 Declaration 316.(1) As soon as practicable after the result of a poll for the election is 17 known, the returning officer must, by notice in the approved form, 18 declare-- 19 (a) the result of the poll; and 20 (b) the names of each candidate who has been elected. 21 (2) The returning officer must-- 22 (a) display the notice in a conspicuous place in the local 23 government's public office; and 24 (b) publish the notice in a newspaper circulating generally in the local 25 government area, or the division of the local government area, for 26 which the election was held. 27 (3) The returning officer must not delay complying with subsection (1) 28 or (2) merely because some ballot papers have not been received by the 29 returning officer, if it is clear the votes recorded on the ballot papers could 30

191 Local Government not affect the result of the election. 1 of final result of poll 2 Notice 317.(1) The returning officer must give notice of the final result of the 3 poll to each candidate as soon as practicable after-- 4 (a) all ballot papers used in the poll have been examined; and 5 (b) all votes cast in the poll on ballot papers that appear to be formal 6 have been counted. 7 (2) The notice must be in the approved form. 8 of electors failing to vote 9 List 318.(1) The returning officer must make a list of the names and 10 addresses, and the numbers shown on the voters roll, of all electors who-- 11 (a) have not been issued with ballot papers for the election; or 12 (b) in the case of electors mentioned in section 289 (Who may cast a 13 declaration vote) or electors for a postal ballot election--have not 14 given their ballot papers to the returning officer. 15 (2) The returning officer must-- 16 (a) certify the list by declaration in the approved form; and 17 (b) deposit the list with the local government; and 18 (c) give a copy of the list to any person who-- 19 (i) was a candidate in the election; and 20 (ii) applies to the returning officer for a copy of the list no later 21 than 28 days after the final result of the poll is declared. 22 (3) The list is to be held in the local government's public office, in the 23 chief executive officer's custody. 24 to elector failing to vote 25 Notice 319.(1) The local government-- 26 (a) may cause notice under this section to be given to each elector 27

192 Local Government shown on the list deposited under section 318 (List of electors 1 failing to vote), at the elector's address shown on the list; and 2 (b) if it does give notice--must record on the list, against the elector's 3 name, the fact that notice has been given. 4 (2) The notice must-- 5 (a) show the elector's full name and address and number on the 6 voters roll; and 7 (b) state that-- 8 (i) the elector appears to have failed to vote at the election; and 9 (ii) it is an offence to fail, without a valid and sufficient reason, 10 to vote at an election; and 11 (c) require the elector to-- 12 (i) state, in a form included in or with the notice, whether the 13 elector voted and, if not, the reason for failing to vote; and 14 (ii) sign the form and post or deliver it to the local government's 15 chief executive officer so that it is received by a specified 16 day, not earlier than 21 days after the elector receives the 17 notice. 18 (3) The elector must comply with the notice. 19 (4) If-- 20 (a) the elector is absent, or unable, because of incapacity, to comply 21 with the notice; and 22 (b) someone else who has personal knowledge of the facts satisfies 23 the requirements of the notice; 24 the elector is taken to have complied with the notice. 25 response to notice 26 Recording 320. The local government must record against the name of an elector 27 who is given a notice under section 319 (Notice to elector failing to vote) on 28 the list made under section 318 (List of electors failing to vote) whether the 29 elector-- 30

193 Local Government (a) has complied with the requirements of the notice; and 1 (b) had a valid and sufficient reason for failing to vote at the election. 2 value of list under s.318 3 Evidentiary 321. In a proceeding, a document purporting to be a list, or a copy of or 4 extract from a list, made under section 318 (List of electors failing to vote), 5 and to be certified by the local government's chief executive officer is 6 evidence of the matters contained in the document. 7 of material resulting from election 8 Disposal 322.(1) As soon as practicable after giving notice of the final result of the 9 poll to candidates, the returning officer must-- 10 (a) destroy all unused ballot papers; and 11 (b) seal up in packets all other parcels sealed up under section 315 12 (Returning officer's duty after counting votes); and 13 (c) endorse on each packet-- 14 (i) a description of its contents; and 15 (ii) the name of the local government area, or division of the 16 local government area, for which the election was held; and 17 (iii) the polling day; 18 and sign the endorsement; and 19 (d) if the returning officer is not the local government's chief 20 executive officer--give each packet to the chief executive officer. 21 (2) The chief executive officer must keep the packets in safe custody for 22 1 year. 23 (3) At the end of the year, the chief executive officer must-- 24 (a) destroy all ballot papers contained in the packets; and 25 (b) dispose of the other contents of the packets in the way the officer 26 considers appropriate. 27 (4) Each councillor of the local government may attend during the 28 destruction of ballot papers by, or at the direction of, its chief executive 29

194 Local Government officer to ensure the papers are destroyed. 1 papers as evidence 2 Ballot 323. In a proceeding, a ballot paper apparently used at an election and 3 identified by evidence as 1 of the ballot papers given to, or held by, the local 4 government's chief executive officer under section 322 (Disposal of 5 material resulting from election) is evidence of the vote or votes cast in the 6 election as recorded on the ballot paper. 7 to Electoral Commission of certain declaration votes 8 Notice 324. As soon as practicable after the election, the returning officer must 9 give to the Electoral Commission notice of the names and addresses of all 10 persons permitted to vote at the election whose names are not on the voters 11 roll, apparently because of official error, if the error relates to the keeping of 12 an electoral roll under the Electoral Act 1992. 13 Division 16--Enforcement 14 A--Offences in general 15 Subdivision or misleading statements 16 False 325.(1) A person must not-- 17 (a) state something under this Chapter that the person knows is false 18 or misleading in a material particular; or 19 (b) omit from a statement made under this Chapter anything without 20 which the statement is, to the person's knowledge, misleading in 21 a material particular. 22 Maximum penalty--20 penalty units or imprisonment for 6 months. 23 (2) A complaint against a person for a contravention of subsection (1) is 24 sufficient if it states that the statement was false or misleading to the 25 person's knowledge. 26

195 Local Government misleading or incomplete electoral documents 1 False, 326. A person must not give a document under this Chapter containing 2 information that the person knows is false, misleading or incomplete in a 3 material particular without-- 4 (a) indicating that the document is false, misleading or incomplete 5 and the respect in which the document is false, misleading or 6 incomplete; and 7 (b) giving the correct information if the person has, or can reasonably 8 o