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 obtain, the correct information. 9 Maximum penalty--20 penalty units or imprisonment for 6 months. 10 11 Bribery 327.(1) In this section-- 12 "election conduct" of a person means-- 13 (a) the way in which the person votes at an election; or 14 (b) the person's nominating as a candidate for an election; or 15 (c) the person's support of, or opposition to, a candidate or a political 16 party at an election. 17 (2) A person must not-- 18 (a) ask for or receive; or 19 (b) offer, or agree, to ask for or receive; 20 property or a benefit of any kind (whether for the person or someone else) 21 on the understanding that the person's election conduct will be influenced or 22 affected. 23 (3) A person must not, in order to influence or affect another person's 24 election conduct, give, or promise or offer to give, property or a benefit of 25 any kind to anyone else. 26 Maximum penalty--85 penalty units or imprisonment for 2 years. 27

196 Local Government money for illegal payments 1 Providing 328. A person must not knowingly give money for-- 2 (a) any payment that is contrary to law relating to elections; or 3 (b) replacing any money that has been spent in making a payment 4 mentioned in paragraph (a). 5 Maximum penalty--85 penalty units or imprisonment for 2 years. 6 influencing electoral officers 7 Improperly 329. A person must not improperly influence an electoral officer in the 8 performance of the officer's duties under this Act. 9 Maximum penalty--35 penalty units or imprisonment for 1 year. 10 with election right or duty 11 Interfering 330. A person must not hinder or interfere with the free exercise or 12 performance, by another person, of another right or duty under this Act that 13 relates to an election. 14 Maximum penalty--20 penalty units or imprisonment for 6 months. 15 or uttering electoral papers 16 Forging 331.(1) A person must not-- 17 (a) forge an electoral paper; or 18 (b) utter a forged electoral paper knowing it to be forged. 19 Maximum penalty--20 penalty units or imprisonment for 6 months. 20 (2) A person must not make someone else's signature on an electoral 21 paper. 22 Maximum penalty--20 penalty units. 23 neglect etc. of electoral officers 24 Wilful 332. An electoral officer must not wilfully neglect or fail to perform a 25 duty under this Act. 26

197 Local Government Maximum penalty--20 penalty units. 1 record to be made of vote cast 2 No 333. An electoral officer, or scrutineer, must not make a mark, 3 memorandum or note on a voters roll or other list of voters or otherwise-- 4 (a) that indicates for whom a person has cast a vote; or 5 (b) that would enable the officer or scrutineer to know or remember 6 for whom a person has cast a vote. 7 Maximum penalty--10 penalty units. 8 B--Offences about electoral advertising and information 9 Subdivision for election matter 10 Responsibility 334.(1) A person must not, during the election period for an election-- 11 (a) print, publish, distribute or broadcast; or 12 (b) permit or authorise someone else to print, publish, distribute or 13 broadcast; 14 any advertisement, handbill, pamphlet or notice containing election matter 15 unless there appears, or is stated, at its end the particulars required by 16 subsection (2). 17 Maximum penalty--20 penalty units. 18 (2) The particulars are-- 19 (a) in any case--the name and address (other than a post office box 20 or facility) of the person who authorised the advertisement, 21 handbill, pamphlet or notice; and 22 (b) for an advertisement or notice printed except in a newspaper--the 23 name and place of business of the printer. 24 (3) Subsection (1) does not apply to an advertisement that-- 25 (a) is printed, published or distributed on a car sticker, T-shirt, lapel 26 badge, pen, pencil or balloon; or 27

198 Local Government (b) is of a kind prescribed by regulation. 1 to electoral advertisements 2 Headline 335. The proprietor of a newspaper commits an offence if-- 3 (a) an article, or a paragraph, containing matter about an election is 4 printed in the newspaper; and 5 (b) either-- 6 (i) the insertion of the article or paragraph is, or is to be, paid 7 for; or 8 (ii) any reward or compensation, or promise of reward or 9 compensation, is, or is to be, made for the insertion of the 10 article or paragraph; and 11 (c) the proprietor does not cause the word `advertisement' to be 12 printed as a headline to the article or paragraph in letters not 13 smaller than 10 point or long primer. 14 Maximum penalty--10 penalty units. 15 voters 16 Misleading 336.(1) A person must not, during an election period for an election, 17 print, publish, distribute or broadcast anything that is intended or likely to 18 mislead an elector about the way of voting at the election. 19 (2) A person must not, for the purpose of affecting the election of a 20 candidate, knowingly publish a false statement of fact about the personal 21 character or conduct of the candidate. 22 (3) A person must not, during an election period print, publish, distribute 23 or broadcast by television anything that purports to be a representation of a 24 ballot paper for use in the election, if it is likely to induce an elector to vote 25 other than in accordance with this Part. 26 Maximum penalty--40 penalty units. 27 Subdivision C--Offences about voting 28

199 Local Government to vote 1 Failure 337.(1) An elector must not-- 2 (a) fail to vote at an election without valid and sufficient reason; or 3 (b) fail to comply with the requirements of a notice given to the 4 elector under section 319 (Notice to elector failing to vote); or 5 (c) purport to comply with the requirements of a notice given to the 6 elector under section 319, make a statement the elector knows to 7 be false or misleading in a material particular. 8 Maximum penalty--1 penalty unit. 9 (2) An elector's belief that it is part of the elector's religious duty not to 10 vote at elections is valid and sufficient reason for the elector's failure to vote 11 in a particular election. 12 (3) A complaint against a person for a contravention of subsection (1)(c) 13 is sufficient if it states that the statement was false or misleading to the 14 person's knowledge. 15 to vote 16 Leave 338.(1) This section applies if-- 17 (a) an employee who is an elector asks his or her employer, before 18 polling day for an election, for leave of absence to vote at the 19 election; and 20 (b) the absence is necessary to enable the employee to vote at the 21 election. 22 (2) The employer must allow the employee leave of absence for a 23 reasonable period (not more than 2 hours) to enable the employee to vote at 24 the election, unless the absence is reasonably likely to cause danger or 25 substantial loss to the employer in relation to the employment concerned. 26 (3) The employer must not impose any penalty or disproportionate 27 deduction of pay for the leave of absence. 28 (4) An employee must not ask for leave of absence under subsection (1) 29 to vote at an election unless the employee genuinely intends to vote at the 30 election. 31

200 Local Government Maximum penalty--10 penalty units. 1 in or near polling booths 2 Canvassing 339.(1) During an election period, a person must not do any of the things 3 mentioned in subsection (2)-- 4 (a) inside a polling booth; or 5 (b) within 6 m of an entrance to a building if-- 6 (i) the building is, or is part of, a polling booth; and 7 (ii) either a ballot box is in the building for use in the election, or 8 a person is in the building for the purpose of casting a vote 9 in the election. 10 (2) The things are-- 11 (a) canvassing for votes; or 12 (b) inducing an elector not to-- 13 (i) vote in a particular way; or 14 (ii) vote at all in the election; or 15 (c) loitering; or 16 (d) obstructing the free passage of a person seeking to vote. 17 Maximum penalty--10 penalty units. 18 voting etc. 19 Interrupting 340. A person must not-- 20 (a) enter or remain in a polling booth other than under this Act; or 21 (b) wilfully interrupt, obstruct or disturb any proceeding at an 22 election; or 23 (c) enter a voting compartment other than under this Act; or 24 (d) prevent a scrutineer from entering or leaving a polling place-- 25 (i) during voting hours for the polling place; or 26 (ii) while votes are being counted at the polling place; or 27

201 Local Government (e) obstruct or wilfully mislead an electoral officer in the 1 performance of a duty. 2 Maximum penalty--10 penalty units. 3 voting 4 Influencing 341. A person must not, by violence or intimidation, influence a person's 5 vote at an election. 6 Maximum penalty--85 penalty units or imprisonment for 2 years. 7 badges not to be worn in polling booths 8 Party 342. A person must not wear or display any badge or emblem of a 9 political party in a polling booth. 10 Maximum penalty--1 penalty unit. 11 if not entitled 12 Voting 343. A person must not, at an election-- 13 (a) vote in someone else's name (including a dead or fictitious 14 person); or 15 (b) vote more than once; or 16 (c) cast a vote that the person knows the person is not entitled to cast; 17 or 18 (d) if the person knows someone else is not entitled to vote at the 19 election, procure the other person to vote. 20 Maximum penalty--20 penalty units or imprisonment for 6 months. 21 relating to ballot papers 22 Offences 344.(1) A person must not-- 23 (a) wilfully fail to comply with section 282 (Procedure for voting at a 24 polling booth) or 297 (Casting a declaration vote by post); or 25 (b) take a ballot paper out of a polling booth other than under this 26

202 Local Government Part; or 1 (c) place in a ballot box a ballot paper that has not been-- 2 (i) given to an elector under this Part; or 3 (ii) marked by the elector. 4 (2) A person must not, without lawful excuse, obtain possession of or 5 have in the person's possession-- 6 (a) a ballot paper that has been marked by anyone else; or 7 (b) a declaration form or envelope that has been signed by anyone 8 else. 9 Maximum penalty--20 penalty units or imprisonment for 6 months. 10 to deliver or post documents for someone else 11 Failure 345.(1) If a person is given, for delivery or posting to the returning 12 officer-- 13 (a) an application by someone else to be treated as a declaration voter; 14 or 15 (b) a declaration form that appears to be completed 16 the person must promptly deliver or post it to the returning officer. 17 (2) If a person is given, for delivery or posting to the returning officer, a 18 declaration envelope that appears to be completed, the person must give or 19 post it to the returning officer before 6 p.m. on polling day. 20 Maximum penalty--20 penalty units or imprisonment for 6 months. 21 of confidentiality of vote 22 Breach 346.(1) A person must not examine a ballot paper used in the election to 23 ascertain the candidates for whom an elector has voted. 24 (2) Subsection (1) does not apply to a proceeding in a court or a person 25 in the performance of functions under this Act. 26 (3) If, in performing a function for an election, a person has ascertained 27 the candidates for whom an elector has cast a vote, the person must not 28 disclose, or assist in disclosing, that fact, unless the person is required by 29

203 Local Government law to make the disclosure. 1 Maximum penalty--20 penalty units or imprisonment for 6 months. 2 seals on parcels 3 Breaking 347. A person must not wilfully open or break the seal of a parcel or 4 packet sealed under this Part unless the person is authorised under this Act 5 or ordered by a court to open or break the seal. 6 Maximum penalty--20 penalty units or imprisonment for 6 months. 7 of witness to signing of declaration voting papers 8 Duty 348. A person (the "witness") must not sign a declaration envelope as 9 witness under section 297 (Casting a declaration vote by post) unless-- 10 (a) the witness is satisfied of the identity of the elector who signs the 11 declaration before the witness; and 12 (b) the witness has seen the elector sign the declaration; and 13 (c) either-- 14 (i) the witness knows that the declaration made by the elector is 15 true; or 16 (ii) the witness is satisfied that the declaration is true because of 17 inquiries of the elector or otherwise. 18 Maximum penalty--20 penalty units or imprisonment for 6 months. 19 D--Injunctions 20 Subdivision to restrain contravention of Chapter 21 Injunctions 349.(1) An application may be made to the Supreme Court for an 22 injunction if-- 23 (a) either-- 24 (i) a person (the "offending party") has engaged, is engaging 25 or proposes to engage in conduct; or 26

204 Local Government (ii) a person (also the "offending party") has failed, is failing 1 or proposes to fail to do anything; and 2 (b) the conduct or failure constituted, constitutes or would constitute a 3 contravention of, or an offence against, this Chapter. 4 (2) The application may be made by the returning officer or a candidate 5 for election. 6 (3) The Court may grant an interim injunction pending determination of 7 the application. 8 (4) If a returning officer makes the application, the Court must not 9 require the officer or anyone else to give an undertaking about damages as a 10 condition of granting an interim injunction. 11 (5) On consideration of the application, the Court may-- 12 (a) if subsection (1)(a)(i) applies-- 13 (i) grant an injunction restraining the offending party from 14 engaging in the conduct concerned; and 15 (ii) also require the offending party to do anything to prevent or 16 remedy the contravention; or 17 (b) if subsection (1)(a)(ii) applies--grant an injunction requiring 18 the offending party to do the thing in question. 19 (6) The Court may grant the injunction-- 20 (a) if the Court is satisfied the offending party has engaged in the 21 conduct, or failed to do the thing, mentioned in 22 subsection (1)--whether or not it appears to the court that the 23 offending party intends-- 24 (i) to engage again or continue to engage in the conduct; or 25 (ii) to fail or continue to fail to do the thing; or 26 (b) if it appears to the Court that, if the injunction is not granted, it is 27 likely the offending party will engage in the conduct, or fail to do 28 the thing, mentioned in subsection (1), whether or not-- 29 (i) the offending party has previously engaged in the conduct or 30 failed to do the thing; or 31 (ii) there is imminent danger of substantial damage to any 32

205 Local Government person if the offending party engages in the conduct or fails 1 to do the thing. 2 (7) The Court may refuse to grant an injunction if it appears to the Court 3 that application was not made to the Court at the earliest possible 4 opportunity. 5 (8) The Court may discharge or vary the injunction or an interim 6 injunction. 7 (9) The powers conferred on the Court by this section are in addition to, 8 and do not limit, other powers of the Court. 9 PART 7--FRESH ELECTIONS 10 for fresh election 11 Requirements 350.(1) A regulation may direct that a fresh election of councillors of a 12 local government be held if the local government is dissolved under 13 section 113 (Dissolution of local government). 14 (2) A regulation may direct that a fresh election of councillors of a local 15 government, or a division of a local government, be held if action is taken to 16 implement a reviewable local government matter under Chapter 3 17 (Interaction with the State), Part 1 (Review of local government matters). 18 (3) A direction may be given at the time of the dissolution or the action is 19 taken as mentioned in subsection (1), or at a later time. 20 for fresh election 21 Time 351. The day on which a fresh election is to be held is a Saturday fixed 22 by regulation made under section 350 (Requirements for fresh election). 23 officer for fresh election 24 Returning 352. The returning officer for a fresh election of councillors of a local 25 government is the local government's chief executive officer or, if there is 26 no chief executive officer, a person appointed by the Minister. 27

206 Local Government roll for fresh election 1 Voters 353. A voters roll for a fresh election is to be compiled under the 2 regulation directing the holding of the fresh election. 3 provisions of Chapter apply 4 Other 354. The provisions of this Chapter (other than this Part) apply, with all 5 necessary changes and any changes prescribed by regulation, to a fresh 6 election as if the election were a triennial election. 7 of term of councillors 8 Extension 355. In directing a fresh election, a regulation may declare that the 9 councillors elected at the fresh election are elected for a term ending at the 10 conclusion of the triennial elections after the next triennial elections. 11 HAPTER 6--GENERAL OPERATION OF 12 C LOCAL GOVERNMENTS 13 PART 1--PROCEEDINGS OF LOCAL 14 GOVERNMENTS 15 Division 1--What meetings are held 16 meetings 17 Post-election 356. A local government must hold a meeting within 14 days after the 18 conclusion of the triennial elections and each fresh election of its 19 councillors. 20 of post-election meetings 21 Agenda 357. The matters a local government must consider at a meeting 22

207 Local Government mentioned in section 356 (Post-election meetings) include-- 1 (a) the day and time for holding other meetings; and 2 (b) the appointment of its deputy mayor; and 3 (c) the appointment of its standing committees. 4 meetings 5 Other 358.(1) Other meetings of a local government are to be held at the times 6 and places it decides. 7 (2) However, it must meet-- 8 (a) for a city or town--at least once in each month; or 9 (b) for a shire--at least once in each period of 3 months. 10 Division 2--Local government meetings 11 of meetings 12 Place 359.(1) All meetings of a local government must be held at its public 13 office. 14 (2) However, a local government may, by resolution, fix another place 15 for a particular meeting. 16 at meetings 17 Quorum 360.(1) A quorum of a local government is a majority of its councillors. 18 (2) However, if the number of councillors is an even number, one-half of 19 the number is a quorum. 20 at meetings 21 Procedure 361.(1) Business may be conducted at a meeting of a local government 22 only if a quorum is present. 23 (2) At a meeting-- 24

208 Local Government (a) voting must be open; and 1 (b) a question is decided by a majority of the votes of the councillors 2 present; and 3 (c) each councillor present has a vote on each question to be decided 4 and, if the votes are equal, the councillor presiding has a casting 5 vote; and 6 (d) if a councillor present fails to vote, the councillor is taken to have 7 voted in the negative. 8 inutes must be kept 9 M 362.(1) A local government must keep minutes of its proceedings. 10 (2) The minutes must be taken and confirmed under section 375 11 (Minutes). 12 of meetings 13 Adjournment 363.(1) The majority of councillors present at a meeting of a local 14 government may adjourn the meeting to a later hour of the same day or to a 15 later day. 16 (2) If a quorum is not present within 30 minutes after the time appointed 17 for a meeting, the meeting may be adjourned to a later hour or another day 18 within 14 days after the day of adjournment, by-- 19 (a) a majority of the councillors present; or 20 (b) if only 1 councillor is present--the councillor; or 21 (c) if no councillors are present--the chief executive officer. 22 of meetings 23 Notice 364.(1) Written notice of each meeting or adjourned meeting of a local 24 government must be given to each councillor at least 2 days before the day 25 of the meeting unless it is impracticable to give the notice. 26 (2) A notice must specify-- 27 (a) the day and time of the meeting; and 28

209 Local Government (b) for a special meeting--the object of the meeting. 1 (3) The only business that may be conducted at a special meeting is the 2 business specified in the notice of meeting. 3 or amendment of resolutions 4 Repeal 365.(1) A resolution of a local government may be repealed or amended 5 only if written notice of intention to propose the repeal or amendment is 6 given to each councillor at least 5 days before the meeting at which the 7 proposal is to be made. 8 (2) At the meeting to decide the proposal, the proposal is taken to have 9 been defeated unless it is agreed to by-- 10 (a) if the number of councillors present at the meeting is more than 11 the number present at the meeting at which the resolution was 12 adopted--a majority of the councillors present; or 13 (b) in any other case--a majority of all councillors. 14 Division 3--Committees and their meetings 15 of committees 16 Appointment 366. A local government may-- 17 (a) appoint, from its councillors, standing committees or special 18 committees; and 19 (b) appoint advisory committees; and 20 (c) fix the quorum of each committee; and 21 (d) appoint a chairperson of each committee. 22 committees 23 Advisory 367.(1) An advisory committee-- 24 (a) must not be appointed as a standing committee; and 25 (b) may include in its members persons who are not councillors. 26

210 Local Government (2) A member of an advisory committee who is not a councillor may 1 vote on business before the committee. 2 members of committees 3 Delegate 368.(1) A local government that appoints a committee may appoint 4 1 person as a delegate member of the committee. 5 (2) In the absence of a member of the committee, the delegate member 6 may attend meetings of the committee and act as a member of the 7 committee. 8 uorum 9 Q 369. A quorum of a committee is the number-- 10 (a) fixed by the local government; or 11 (b) if a number is not fixed by the local government--fixed by the 12 committee. 13 of committee 14 Chairperson 370.(1) If the local government does not appoint a chairperson for a 15 committee, the committee may appoint 1 of its members as chairperson. 16 (2) If the chairperson is not present at a meeting, the members present 17 may appoint a chairperson for the meeting. 18 meetings 19 Committee 371.(1) Meetings of a committee are to be held at the times and places it 20 decides. 21 (2) At a meeting-- 22 (a) voting must be open; and 23 (b) a question is decided by a majority of the votes of the members 24 present; and 25 (c) each member present has a vote on each question to be decided 26 and, if the votes are equal, the member presiding has a casting 27

211 Local Government vote; and 1 (d) if a member present fails to vote, the member is taken to have 2 voted in the negative. 3 4 Reports 372. A committee must report to the local government as directed by the 5 local government. 6 must be kept unless committee exempted 7 Minutes 373.(1) A committee must keep minutes of its proceedings unless it is 8 exempted under subsection (3). 9 (2) The minutes must be taken and confirmed under section 375 10 (Minutes). 11 (3) A local government may, by resolution, exempt a committee from 12 the requirement to keep minutes of its proceedings if the committee's 13 function is only to advise or recommend to the local government. 14 (4) If a committee is exempted under subsection (3), it must give to the 15 local government a written report of its deliberations and its advice or 16 recommendations. 17 Division 4--Meetings generally 18 applies to local governments and their committees 19 Division 374. This Division applies to a meeting of a local government or a 20 committee. 21 inutes 22 M 375.(1) A local government's chief executive officer must ensure that 23 minutes of each meeting are taken under the supervision of the person 24 presiding at the meeting. 25 (2) Minutes of each meeting must include-- 26

212 Local Government (a) the names of councillors or committee members present at the 1 meeting; and 2 (b) if a division is called on a question--the names of all persons 3 voting on the question and how they voted. 4 (3) At each meeting, the minutes of the previous meeting must be-- 5 (a) confirmed by the councillors or members present; and 6 (b) signed by the person presiding at the later meeting. 7 in public unless otherwise resolved 8 Meetings 376. A meeting is open to the public unless the local government or 9 committee has resolved that the meeting be closed under section 377 10 (Closed meetings). 11 meetings 12 Closed 377.(1) A local government or committee may resolve that a meeting be 13 closed to the public if its councillors or members consider it necessary to 14 close the meeting to discuss-- 15 (a) the appointment, dismissal or discipline of employees; or 16 (b) industrial matters affecting employees; or 17 (c) the local government's budget; or 18 (d) rating concessions; or 19 (e) contracts proposed to be made by it; or 20 (f) starting or defending legal proceedings involving it; or 21 (g) preparation and amendment of planning instruments, including 22 rezoning or development of land under a planning scheme; or 23 (h) other business for which a public discussion would be likely to 24 prejudice the interests of the local government or someone else, 25 or enable a person to gain a financial advantage. 26 (2) A resolution that a meeting be closed must specify the nature of the 27 matters to be considered while the meeting is closed. 28 (3) A local government or committee must not make a resolution (other 29

213 Local Government than a procedural resolution) in a closed meeting. 1 notice of meetings 2 Public 378.(1) A local government must, at least once in each year, publish in a 3 newspaper circulating generally in its area a notice of the days and times 4 when its ordinary meetings, and the ordinary meetings of its standing 5 committees, will be held. 6 (2) The local government must display in a conspicuous place in its 7 public office a notice of the days and times when-- 8 (a) its meetings will be held; or 9 (b) meetings of its committees will be held. 10 (3) The local government must immediately notify any change to the 11 days and times mentioned in subsection (1) or (2) in the same way as the 12 days and times were previously notified. 13 (4) A list of the items to be discussed at a meeting mentioned in 14 subsection (2) must be open to inspection at the time the agenda for the 15 meeting is made available to councillors. 16 (5) Subsection (4) does not affect the right to discuss or deal with, at any 17 meeting, items arising after the agenda for the meeting is made available to 18 councillors. 19 notice of resolution authorising remuneration etc. 20 Public 379.(1) A resolution authorising the payment or provision of 21 remuneration to councillors of a local government may be passed only if 22 notice has been given of the proposed resolution. 23 (2) Notice must be given by-- 24 (a) publishing, at least 4 weeks, and not more than 6 weeks, before 25 the meeting, a notice setting out the proposed resolution, and the 26 day and time of the proposed meeting, in a newspaper circulated 27 generally in its area; and 28 (b) putting a copy of the notice on display in a conspicuous place in 29 its public office on the day on which the notice is published under 30 paragraph (a); and 31

214 Local Government (c) keeping the copy of the notice on display until after the meeting. 1 5--Records 2 Division custody of records 3 Safe 380. The chief executive officer of a local government is responsible for 4 safe custody of-- 5 (a) all records about the proceedings, accounts or transactions of the 6 local government or its committees; and 7 (b) all documents owned or held by the local government. 8 or destruction of records 9 Loss 381.(1) If a document owned or held by a local government is lost or 10 destroyed, the Governor in Council may make regulations for the purpose 11 of repairing the loss. 12 (2) A regulation may, for example, provide that a copy of the document 13 is effective for all purposes, including being admissible in evidence, as if it 14 were the original. 15 of records by the public 16 Inspection 382.(1) A copy of the minutes of each meeting of a local government-- 17 (a) must be available for inspection at its public office within 10 days 18 after the end of the meeting; and 19 (b) when the minutes have been confirmed--must be available for 20 purchase at the public office. 21 (2) The price of a copy of confirmed minutes must not be more than-- 22 (a) the cost to the local government of having the copy printed and 23 made available for purchase; and 24 (b) if the copy is supplied to a purchaser by post--the cost of 25 postage. 26

215 Local Government of records by members 1 Inspection 383.(1) This section applies to local government records, whether or not 2 they are open to inspection under section 382 (Inspection of records by the 3 public). 4 (2) A councillor of the local government may inspect, and make a copy 5 of or take an extract from, a record about its operations or the operations of 6 any of its committees. 7 (3) A member of a committee may inspect, and make a copy of, a record 8 about the committee's operations. 9 (4) This section is subject to section 709 (Request to employees for help 10 or advice. 11 to make records available 12 Duty 384. A person who has charge of a document owned or held by a local 13 government must not obstruct or hinder the inspection or copying of the 14 document under section 382 (Inspection of records by the public) or 383 15 (Inspection of records by members). 16 Maximum penalty--10 penalty units. 17 Division 6--Miscellaneous 18 with local government 19 Correspondence 385.(1) All correspondence with a local government about matters 20 affecting it is taken to be addressed to the chief executive officer. 21 (2) The chief executive officer is responsible for taking the appropriate 22 action for the correspondence. 23 by local government 24 Delegation 386.(1) A local government may, by resolution, delegate its powers 25 under a local government Act. 26 (2) The delegation may be made to-- 27

216 Local Government (a) the mayor; or 1 (b) a standing committee consisting of only councillors; or 2 (c) the chairperson of a standing committee consisting only of 3 councillors; or 4 (d) the chief executive officer. 5 (3) However, a local government may not delegate a power if-- 6 (a) the power is to take disciplinary action against an employee 7 appointed by it; or 8 (b) an Act provides that the power must be exercised by resolution. 9 (4) All delegations made by a local government must be recorded in a 10 register of delegations kept by its chief executive officer. 11 (5) The register must contain the particulars prescribed by regulation. 12 (6) The register is open to inspection. 13 of proceedings 14 Preservation 387. Proceedings of a local government or any of its committees or 15 actions of a person acting as a councillor or member of a committee, are not 16 invalid merely because of-- 17 (a) vacancies in the membership of the local government or 18 committee; or 19 (b) a defect or irregularity in the election or appointment of any 20 councillor or committee member; or 21 (c) the disqualification of a councillor or committee member from 22 acting as a councillor or committee member. 23 ART 2--POLLS 24 P

217 Local Government to conduct poll 1 Authority 388. A local government may conduct a poll of the electors in its area or 2 a part of its area. 3 matter of polls 4 Subject 389. A poll may be conducted on any local government issue of concern 5 to a local government area or part of a local government area. 6 must be on Saturday 7 Poll 390. A poll must be conducted on a Saturday. 8 provisions that apply to a poll 9 Electoral 391.(1) The provisions mentioned in subsection (2) apply (with any 10 necessary changes and any changes prescribed by regulation) to a poll as 11 if-- 12 (a) if the poll is conducted on the day of triennial elections--the poll 13 were a triennial election; or 14 (b) if the poll is conducted on any other day--the poll were a 15 by-election. 16 (2) The relevant provisions are as follows-- 17 � Chapter 5 (Local government elections) 18 � Parts 2 (Returning officers) and 3 (Voters roll) 19 � section 230 (Compulsory voting) 20 � Part 6 (Conduct of elections). 21 for and against question in poll 22 Cases 392.(1) In every poll, a statement of the case for, and a statement of the 23 case against, the question to be voted on in the poll is open to inspection. 24 (2) In every poll, the returning officer for the poll must ensure that the 25 statements of the cases for and against the question to be voted on are given 26

218 Local Government to each elector a reasonable time before the day of the poll. 1 (3) A regulation may make provision about how the statements of the 2 cases for and against the question are to be prepared for the purposes of this 3 section. 4 of poll result 5 Publication 393. As soon as practicable after the result of a poll is decided, the 6 returning officer for the poll must give public notice of the result, by 7 advertisement in a newspaper circulating generally in the local government 8 area or part of the local government area. 9 on conducting another poll on the same question 10 Restrictions 394.(1) If a local government conducts a poll on a question in its area, it 11 must not conduct another poll on the same, or substantially the same, 12 question within 1 year of the poll. 13 (2) If a local government conducts a poll in part of its area, subsection (1) 14 applies for that part. 15 (3) However, subsections (1) and (2) do not apply to a second poll held 16 on the day of-- 17 (a) the next triennial elections; or 18 (b) if the second poll is conducted only in part of the local 19 government's area--a by-election for that part. 20 PART 3--CONTRACTS AND TENDERING 21 1--Preliminary 22 Division governing the making of contracts 23 Principles 395. In entering into contracts for the carrying out of work, or the supply 24 of goods or services, a local government must have regard to the following 25

219 Local Government principles-- 1 (a) open and effective competition; 2 (b) value for money; 3 (c) enhancement of the capabilities of local business and industry; 4 (d) environmental protection; 5 (e) ethical behaviour and fair dealing. 6 of entering into a contract 7 Ways 396. A local government may make, vary or discharge a contract-- 8 (a) under seal; or 9 (b) by a delegate under section 397 (Entering into a contract under 10 delegation). 11 into a contract under delegation 12 Entering 397.(1) A local government's delegate may make, vary or discharge a 13 contract for the local government in the same way as if the contract were 14 made, varied or discharged by an individual. 15 (2) However, subsection (1) applies only if-- 16 (a) the local government has provided for the cost of the contract in 17 its approved budget; or 18 (b) the contract has been entered into because of genuine emergency 19 or hardship. 20 (3) This section does not affect another law that requires-- 21 (a) an approval, consent or permission to be obtained; or 22 (b) a procedure to be complied with for the making, varying or 23 discharging of a contract. 24 Division 2--Purchasing 25

220 Local Government tenders are required 1 When 398.(1) A local government must invite tenders before making a contract 2 for the carrying out of work, or the supply of goods or services, involving a 3 cost of more than $100 000 or, if a greater amount is prescribed by 4 regulation, the greater amount. 5 (2) The invitation must-- 6 (a) be by an advertisement in a newspaper circulating generally in the 7 local government's area; and 8 (b) allow at least 21 days from the day of the advertisement for the 9 submission of tenders. 10 (3) This section applies subject to the following sections-- 11 � section 400 (Exceptions to the requirement to seek tenders or 12 quotations) 13 � section 403 (Shortlisting after calling for expressions of interest). 14 quotations are required 15 When 399.(1) A local government must invite written quotations before 16 making a contract for the carrying out of work, or the supply of goods or 17 services, involving a cost of between $10 000 and $100 000 or, if another 18 range of amounts is prescribed by regulation, the range of amounts. 19 (2) The invitation must be given to at least 3 persons who the local 20 government considers can meet its requirements at competitive prices. 21 (3) This section applies subject to section 400 (Exceptions to the 22 requirement to seek tenders or quotations). 23 to the requirement to seek tenders or quotations 24 Exceptions 400.(1) A local government may enter into a contract without complying 25 with section 398 (When tenders are required) or 399 (When quotations are 26 required) if-- 27 (a) it resolves that it is satisfied that there is only 1 supplier 28 reasonably available to it; or 29 (b) it resolves that a genuine emergency exists; or 30

221 Local Government (c) it resolves to obtain second-hand goods; or 1 (d) it resolves to purchase goods at an auction; or 2 (e) the contract is made under an exemption to open competition in 3 the Local Government Finance Standards; or 4 (f) the contract is made with, or under an arrangement with or made 5 by-- 6 (i) the State, a government entity, the Brisbane City Council or 7 another local government; or 8 (ii) another Australian government, an entity of another 9 Australian government or a local government of another 10 State or a Territory. 11 (2) A local government also may enter into a contract for the supply of 12 services without complying with section 398 or 399 if-- 13 (a) the contract is made with a person on the panel mentioned in 14 section 401 (Panel of suitable providers); or 15 (b) it resolves that it is satisfied that the services to be supplied are of 16 such a specialised or confidential nature that it would be 17 impractical or disadvantageous to the local government to invite 18 tenders or quotations. 19 of suitable providers 20 Panel 401.(1) A local government may compile a panel of the names of 21 persons suitably qualified to provide a service. 22 (2) A panel must be compiled by-- 23 (a) inviting expressions of interest from persons to be included on 24 the panel in the way provided for inviting tenders under 25 section 398 (When tenders are required); and 26 (b) selecting persons on the basis of the principles mentioned in 27 section 395 (Principles governing the making of contracts). 28

222 Local Government to tenders 1 Changes 402.(1) This section applies if-- 2 (a) a local government invites tenders for a contract; and 3 (b) the invitation to tender states that the local government might later 4 invite all tenderers to change their tenders. 5 (2) Before making a decision on the tenders, the local government may 6 invite all the persons who have submitted a tender to change their tender to 7 take account of a change in the tender specifications. 8 listing after calling for expressions of interest 9 Short 403.(1) A local government may invite expressions of interest under this 10 section before inviting tenders if it resolves that it is satisfied that it would 11 be in the public interest. 12 (2) The local government must record its reasons for making the 13 resolution. 14 (3) Expressions of interest must be invited in the way provided for 15 inviting tenders under section 398 (When tenders are required). 16 (4) The local government may prepare a short list from the persons who 17 responded to the invitation and invite tenders from the persons on the short 18 list. 19 (5) If a local government makes a contract after inviting tenders under 20 subsection (4), section 398 does not apply to the contract. 21 of tender or quotation 22 Acceptance 404.(1) If a local government decides to accept a tender or quotation, it 23 must accept the tender or quotation most advantageous to it. 24 (2) In deciding the tender or quotation most advantageous to it, the local 25 government must have regard to the principles mentioned in section 395 26 (Principles governing the making of contracts). 27 (3) However, a local government may decide not to accept any tender or 28 quotation available to it. 29

223 Local Government Division 3--Disposal of land or goods 1 tenders or auctions are required 2 When 405.(1) This section applies to-- 3 (a) land (including an interest in land); or 4 (b) goods with an apparent value of $1000 or, if a greater amount is 5 prescribed by regulation, the greater amount. 6 (2) A local government may dispose of the land or goods only-- 7 (a) by auction; or 8 (b) after inviting tenders in the way mentioned in section 398(2) 9 (When tenders are required). 10 (3) If it invites tenders, sections 402 (Changes to tenders) and 404(1) and 11 (3) (Acceptance of tender or quotation) apply. 12 (4) This section is subject to section 406 (Exemptions). 13 14 Exemptions 406.(1) A local government may dispose of land (including an interest in 15 land) or goods without complying with section 405 (When tenders or 16 auctions are required) if-- 17 (a) the disposal is to-- 18 (i) the State; or 19 (ii) a government entity; or 20 (iii) another local government; or 21 (iv) a community organisation; or 22 (v) another Australian government, an entity of another 23 Australian government or a local government of another 24 State or a Territory; or 25 (b) for land--the land would not be rateable land after the disposal; or 26 (c) the Minister exempts the local government from complying with 27 the section; or 28

224 Local Government (d) the land or goods were previously offered for sale under 1 section 405 and were not sold; or 2 (e) the disposal is declared by regulation to be a disposal to which 3 this Division does not apply. 4 (2) If subsection (1)(d) applies, the land or goods must not be sold for 5 less than the highest bid or tender received. 6 (3) In this section-- 7 "community organisation" means an entity that is a non-profit entity or 8 otherwise exists for a public purpose. 9 PART 4--ENTERPRISES 10 1--Preliminary 11 Division to Brisbane City Council 12 Application 407. This Part applies to Brisbane City Council. 13 relevant to good rule and government 14 Matters 408.(1) A matter that, in a local government's opinion, is directed to 15 benefiting, and can reasonably be expected to benefit, its area, or a part of its 16 area, is taken to be conducive to the good rule and government of its 17 territorial unit. 18 (2) The matters that may be of benefit to a local government area include, 19 for example-- 20 (a) promoting or contributing to economic development of a part of 21 the area; and 22 (b) promoting or attracting commerce, industry or tourism in or to a 23 part of the area; and 24 (c) promoting or providing opportunities for employment in a part of 25 the area; and 26

225 Local Government (d) promoting or helping the supply of services to a part of the area; 1 and 2 (e) helping the finances of the area's local government; and 3 (f) helping the exercise the jurisdiction of local government in the 4 area. 5 Application of Part 6 409.(1) This Part does not apply to an enterprise (an "exempt 7 enterprise") declared by regulation to be an exempt enterprise. 8 (2) However, if the exempt enterprise is undertaken as a joint venture 9 with someone else, this Part applies to the enterprise unless-- 10 (a) the local government is authorised to conduct the enterprise under 11 another Act; or 12 (b) the joint venture is with any of the following-- 13 (i) the State; 14 (ii) a government entity; 15 (iii) another local government; 16 (iv) another Australian government, an entity of another 17 Australian government or a local government of another 18 State or a Territory. 19 2--Enterprise powers 20 Division in or help to enterprises 21 Engagement 410.(1) A local government may engage in or help an enterprise if the 22 enterprise concerns a matter that, in its opinion, is directed to benefiting, and 23 can reasonably be expected to benefit, its area or a part of its area. 24 (2) A local government may exercise a power under subsection (1) (the 25 "enterprise power") either alone or with another entity. 26 (3) A local government may do all things necessary or convenient to be 27 done to exercise an enterprise power. 28

226 Local Government enterprise powers 1 Specific 411.(1) For the purpose of exercising an enterprise power, a local 2 government may-- 3 (a) form or take part in forming-- 4 (i) a company limited by shares that are not listed on a stock 5 exchange (a "permissible company"); or 6 (ii) a partnership; or 7 (iii) an association of persons; or 8 (b) be a member of a permissible company, acquire and dispose of 9 shares, debentures and securities of a permissible company and 10 take part in the management of a permissible company; or 11 (c) be a member of a partnership or other association of persons and 12 take part in the management of the business of a partnership or 13 association of persons; or 14 (d) commercially exploit its property rights (whether tangible or 15 intangible). 16 (2) In subsection (1)-- 17 "association of persons" does not include a company. 18 Division 3--Safeguards 19 for exercise of enterprise powers 20 Requirements 412.(1) A local government may exercise an enterprise power only by 21 resolution. 22 (2) Before exercising an enterprise power, a local government must 23 consult with, and have proper regard to the advice of, persons who, in its 24 opinion, possess relevant competence about-- 25 (a) the end to which the exercise of the power is, or would be, 26 directed; and 27 (b) the ways of achieving the end; and 28 (c) the lawfulness of the exercise of the power. 29

227 Local Government on exercise of enterprise powers 1 Restrictions 413. In exercising, or before exercising, an enterprise power, a local 2 government must not-- 3 (a) engage in or help enterprises in a financial year to an extent that 4 requires the local government to commit in the year an amount 5 that is more than the amount calculated under section 414 6 (Establishing enterprise powers limits); or 7 (b) borrow or provide a guarantee for a borrowing; or 8 (c) form, take part in forming, be a member of, or take part in the 9 management of, a company other than a permissible company; or 10 (d) be a member of a partnership other than as a limited partner; or 11 (e) enter into an agreement or arrangement that does not restrict the 12 liability of the local government, as between the parties, to the 13 amount committed by the local government under the agreement 14 or arrangement. 15 enterprise powers limits 16 Establishing 414.(1) The amount of commitment to enterprises in a financial year to 17 which a local government is limited includes the value of all property 18 committed by the local government to any enterprise. 19 (2) A regulation may prescribe for the purposes of this Part-- 20 (a) the components of a local government's own source revenue; and 21 (b) the percentage of its own source revenue by reference to which 22 the maximum amount of commitment to enterprises in a financial 23 year to which a local government is limited by section 413(a) 24 (Restrictions on exercise of enterprise powers) is to be 25 established. 26 (3) If, in a financial year, a local government does not commit to 27 enterprises an amount provided for in its budget for the purpose, the 28 uncommitted amount may be carried forward to be committed to 29 enterprises in a later financial year. 30 (4) However, if a maximum number of years for which local 31 governments may carry forward uncommitted amounts under subsection 32

228 Local Government (3) is prescribed by regulation, a local government must not exercise the 1 power under the subsection for a financial year beyond the maximum 2 number until the local government has lawfully applied the total amount 3 carried forward by it. 4 (5) An amount carried forward under subsection (3), an accumulation of 5 amounts carried forward under the subsection, or assets to the value of the 6 amount or accumulation, may be committed (in whole or part) to 7 enterprises by the local government in a financial year in addition to the 8 amount of commitment permitted to the local government in the year under 9 section 413(a). 10 (6) An amount carried forward under subsection (3) must be held in a 11 reserve established by the local government in its operating fund until it is 12 lawfully applied by it. 13 of enterprises 14 Register 415.(1) A local government that exercises an enterprise power must keep 15 a register that includes a record of-- 16 (a) each enterprise engaged in, or helped by, the local government; 17 and 18 (b) the identity of any entity with which the local government has 19 engaged in, or helped, an enterprise as a joint venture; and 20 (c) particulars of the purpose to be achieved by the engagement or 21 help; and 22 (d) the value of property committed by the local government to each 23 enterprise engaged in, or helped by, the local government; and 24 (e) for each enterprise--the identity of the persons of relevant 25 competence with whom the local government has consulted in 26 exercising an enterprise power. 27 (2) Subsection (1)(d) is complied with if the value of property committed 28 to an enterprise is shown as the market value of the property when it is 29 committed. 30 (3) The register is open to inspection. 31 (4) A local government must give to the chief executive of the 32

229 Local Government department and the Auditor-General written notice of-- 1 (a) the establishment of a register as soon as practicable after it is 2 established; and 3 (b) each entry in the register as soon as practicable after it is made. 4 CHAPTER 7--FINANCIAL OPERATION AND 5 ACCOUNTABILITY OF LOCAL GOVERNMENTS 6 PART 1--LOCAL GOVERNMENT FINANCE 7 STANDARDS 8 ssue of standards 9 I 416.(1) The Minister may make standards (the "Local Government 10 Finance Standards") about-- 11 (a) the policies and principles to be complied with in financial 12 management, including internal audit, by-- 13 (i) local governments; or 14 (ii) the trustees of a superannuation scheme (a "relevant 15 superannuation scheme") established by a local 16 government (whether alone or with other local 17 governments); and 18 (b) the content of financial statements and annual reports by-- 19 (i) local governments; or 20 (ii) the trustees of a relevant superannuation scheme; and 21 (c) any matter that is required or permitted to be prescribed by 22 standard. 23 (2) Before making a standard, the Minister must consult with the 24 Auditor-General about the standard. 25 (3) The standards may include practice statements if the Minister 26

230 Local Government considers a uniform standard of practice or procedure is necessary or 1 desirable. 2 (4) In preparing standards, the Minister must have regard to relevant 3 standards made by appropriate professional bodies. 4 (5) A standard made under subsection (1) is subordinate legislation. 5 must be complied with 6 Standards 417. Every local government, and the trustees of every relevant 7 superannuation scheme, must comply with the Local Government Finance 8 Standards. 9 ART 2--CORPORATE AND OPERATIONAL PLANS 10 P and adoption of corporate plan 11 Preparation 418.(1) A local government must, from time to time, prepare and, by 12 resolution, adopt a corporate plan. 13 (2) The local government must ensure each corporate plan is prepared 14 and adopted in enough time, before the start of the first financial year 15 covered by the plan, to allow preparation and adoption of a budget for the 16 financial year consistent with the plan. 17 of corporate plan 18 Period 419.(1) A corporate plan of a local government continues in force for the 19 period specified in the plan or until the earlier adoption by the local 20 government of a new corporate plan. 21 (2) The specified period for a corporate plan must be at least 3 years. 22 of corporate plan 23 Amendment 420. A local government may, by resolution, amend its corporate plan at 24 any time. 25

231 Local Government of corporate plans 1 Requirements 421. A corporate plan or amendment of a corporate plan-- 2 (a) must comply with the Local Government Finance Standards; and 3 (b) must be open to inspection for 30 days at least before the local 4 government adopts the plan or amendment. 5 and adoption of operational plan 6 Preparation 422.(1) A local government must, for each financial year, prepare and, 7 by resolution, adopt an operational plan. 8 (2) The local government must ensure each operational plan is prepared 9 and adopted in enough time, before the start of the financial year for which 10 it is prepared, to allow preparation and adoption of a budget for the financial 11 year consistent with the plan. 12 (3) When the plan is adopted by a local government, it becomes its 13 operational plan for the financial year for which it is prepared. 14 of operational plan 15 Amendment 423. A local government may, by resolution, amend an operational plan 16 at any time before the end of the financial year for which it is prepared. 17 of operational plan 18 Requirements 424. A local government's operational plan or an amendment of its 19 operational plan must comply with the Local Government Finance 20 Standards and its corporate plan. 21 with corporate and operational plans 22 Compliance 425. A local government's exercise of the jurisdiction of local 23 government must be consistent with its corporate plan and operational plan. 24 of activities 25 Evaluation 426.(1) A local government must make assessments of its progress 26

232 Local Government towards implementing its corporate and operational plans. 1 (2) The chief executive officer must present a written report on the 2 assessments to a meeting of the local government at regular intervals, of not 3 more than 3 months, decided by it. 4 of plans to be available for inspection and purchase 5 Copies 427.(1) A local government must have its corporate and operational 6 plans printed and a reasonable number of copies of the plans made. 7 (2) The local government must-- 8 (a) keep the plans open for inspection; and 9 (b) make copies available for purchase at its public office at a price 10 not more than the cost to the local government of producing the 11 copy and, if a copy is supplied to a purchaser by post, the cost of 12 postage. 13 PART 3--FUNDS AND ACCOUNTING PROCEDURES 14 unds 15 F 428. A local government must establish and keep-- 16 (a) an operating fund; and 17 (b) a trust fund. 18 19 Reserves 429.(1) A local government may establish specific reserves within its 20 operating fund. 21 (2) It must keep separate accounting records for each reserve. 22 (3) Amounts held in a reserve that are no longer required may be applied 23 for any purpose. 24

233 Local Government rust fund 1 T 430.(1) A local government must credit to its trust fund-- 2 (a) an amount paid to the local government-- 3 (i) by way of deposit; or 4 (ii) in trust for a person; and 5 (b) an amount required by an Act to be paid to the trust fund. 6 (2) An amount credited to the trust fund must be applied-- 7 (a) in payment to or for the person entitled to the amount according 8 to law; or 9 (b) as required by the Act under which the amount was paid to the 10 trust fund. 11 (3) An amount credited to the trust fund may, with the Minister's earlier 12 agreement, be transferred to the operating fund if the purpose for which the 13 amount was credited has ceased to exist. 14 (4) A local government must keep a separate bank account for its trust 15 fund. 16 with sound accounting principles and procedures 17 Compliance 431.(1) Payment to, and withdrawal from, funds kept by a local 18 government must be consistent with sound accounting principles and 19 procedures. 20 (2) A local government must establish and comply with-- 21 (a) systems for managing its finances; and 22 (b) procedures for recording and reporting its financial operations and 23 position. 24 (3) The systems and procedures must comply with the Local 25 Government Finance Standards. 26 PART 4--BUDGET 27

234 Local Government of budget 1 Adoption 432.(1) A local government must adopt a budget for each financial year 2 for its operating fund. 3 (2) The budget must be adopted-- 4 (a) after 31 May before the financial year; and 5 (b) before-- 6 (i) 1 September in the financial year; or 7 (ii) a later date fixed by the Minister. 8 of budgets 9 Requirements 433.(1) The adoption of a budget, or an amendment, that does not 10 comply with this section is void. 11 (2) Each budget of a local government-- 12 (a) must be developed consistently with its corporate plan and 13 operational plan; and 14 (b) must be clearly linked with the matters specified in the plans; and 15 (c) must comply with the Local Government Finance Standards. 16 (3) A local government may amend its budget for a financial year at any 17 time before the year ends. 18 (4) A local government may incur, for a purpose of genuine emergency 19 or hardship, spending that is not authorised by its budget. 20 of operating fund budgets 21 Content 434.(1) A local government's budget developed for its operating fund 22 must specify the following matters for the financial year-- 23 (a) its estimated costs in total, and for each of its significant activities; 24 (b) the sources of funds necessary for spending provided for in the 25 budget; 26 (c) the local government's revenue policy. 27 (2) The budget also must specify the matters mentioned in 28

235 Local Government subsection (1), in general terms, for the next 2 financial years. 1 (3) The budget must be the basis on which rates are to be made and 2 levied by the local government for the financial year. 3 information to be presented to budget meeting 4 Financial 435.(1) The chief executive officer of a local government must present to 5 its budget meeting for a financial year a document about the financial 6 operations and financial position of the local government for the previous 7 financial year. 8 (2) If the budget meeting for a financial year is held in June, a document 9 presented to the meeting under subsection (1)-- 10 (a) must relate to the financial operations of the local government for 11 the financial year in which the meeting is held to the latest day to 12 which the document can reasonably be compiled; and 13 (b) must contain an estimate of the financial operations of the local 14 government from that day to the end of the financial year in 15 which the meeting is held. 16 (3) The document must comply with the Local Government Finance 17 Standards. 18 of local government pending adoption of budget 19 Spending 436. A local government may, in a financial year, incur spending before 20 adoption of its budget for the year, but the spending must be provided for in 21 the appropriate budget for the year. 22 liability for disbursements 23 Councillors' 437.(1) This section applies if-- 24 (a) a local government makes a disbursement in a financial year from 25 an operating fund; and 26 (b) the disbursement is not provided for in the budget adopted for the 27 fund for the year. 28 (2) The councillors who knowingly agreed to the disbursement are 29

236 Local Government jointly and severally liable to repay to the local government-- 1 (a) the amount of the disbursement; and 2 (b) interest on the amount, calculated from the day of the 3 disbursement to the day of repayment, at the rate at which interest 4 accrues on overdue rates. 5 (3) However, subsection (2) does not apply if the disbursement was 6 made for a purpose of genuine emergency or hardship. 7 (4) An amount for which councillors are jointly and severally liable 8 under subsection (2) may be recovered, as a debt payable to the local 9 government, by-- 10 (a) the local government; or 11 (b) a person appointed by the Minister for the purpose; or 12 (c) an elector or ratepayer. 13 (5) An amount recovered by a person mentioned in subsection (4)(b) or 14 (c) must be immediately paid to the local government. 15 to be available for inspection and purchase 16 Budgets 438.(1) A local government must have its budget printed and a 17 reasonable number of copies of the budget made. 18 (2) The local government must-- 19 (a) keep the budget open for inspection; and 20 (b) make copies available for purchase at its public office at a price 21 not more than the cost to the local government of producing the 22 copy and, if a copy is supplied to a purchaser by post, the cost of 23 postage. 24 PART 5--BORROWING AND INVESTMENT 25

237 Local Government of Statutory Bodies Financial Arrangements Act 1 Application 439. A local government is a statutory body under the Statutory Bodies 2 Financial Arrangements Act 1982. 3 or raising money as a statutory body 4 Borrowing 440. A local government may enter into financial arrangements under 5 section 22 of the Statutory Bodies Financial Arrangements Act 1982. 6 money as a statutory body 7 Investing 441. A local government may invest money under section 48 of the 8 Statutory Bodies Financial Arrangements Act 1982. 9 liability for unauthorised borrowings 10 Councillors' 442.(1) If a local government borrows money-- 11 (a) without authority conferred under the Statutory Bodies Financial 12 Arrangements Act 1982; or 13 (b) for a purpose that is not a proper exercise of its jurisdiction; or 14 (c) in contravention of this Act; 15 the councillors who knowingly agreed to the borrowing are jointly and 16 severally liable to pay to the local government the amount borrowed and all 17 interest, and other penalties incurred by the local government, for the 18 borrowing. 19 (2) An amount for which councillors are jointly and severally liable 20 under subsection (1) may be recovered, as a debt to the local government 21 by-- 22 (a) the local government; or 23 (b) a person appointed by the Minister for the purpose; or 24 (c) an elector or ratepayer. 25 (3) An amount recovered by a person mentioned in subsection (2)(b) or 26 (c) must be immediately paid to the local government. 27 (4) This section must be given effect despite-- 28

238 Local Government (a) the issue of a security for the borrowing by a local government; 1 and 2 (b) section 31(2) of the Statutory Bodies Financial Arrangements Act 3 1982. 4 ART 6--ACCOUNTS 5 P records to be kept 6 Accounting 443.(1) A local government must keep accounting records that present 7 fairly its financial operations for a financial year and give a comparison with 8 its budget for the year. 9 (2) The accounting records must be kept in a way that complies with the 10 Local Government Finance Standards. 11 of account to be presented to local government 12 Statements 444.(1) The chief executive officer of a local government must present 13 statements of its accounts to the local government. 14 (2) The statements must be presented-- 15 (a) if the local government holds its ordinary meetings monthly or 16 less frequently--to each meeting; or 17 (b) if the local government holds its ordinary meetings more 18 frequently--to a meeting in each month. 19 (3) Statements presented to a meeting must be for the period of the 20 financial year up to a day as near as practicable to the end of the previous 21 month. 22 (4) A statement must be consistent with the Local Government Finance 23 Standards. 24

239 Local Government of accounts open to inspection 1 Statements 445. The statements presented under section 444 (Statements of account 2 to be presented to local government) are open to inspection. 3 PART 7--AUDIT 4 reporting provisions 5 General 446.(1) The Auditor-General may prepare a report on any audit 6 performed by the Auditor-General. 7 (2) A copy of the report must be given to-- 8 (a) the Minister; and 9 (b) the mayor and chief executive officer of the relevant local 10 government. 11 (3) If the report is on an audit of the accounts of a scheme for 12 superannuation benefits under section 186 (Superannuation benefits for 13 councillors), a copy of the report also must be given to-- 14 (a) the trustees of the scheme; and 15 (b) the mayor of the local government. 16 (4) The mayor must table a copy of any report at the next ordinary 17 meeting of the local government. 18 ART 8--ANNUAL REPORT 19 P report to be prepared and adopted 20 Annual 447.(1) A local government must prepare an annual report for each 21 financial year. 22 (2) The report must be presented to the local government for adoption, 23

240 Local Government and must be adopted by it before 30 November in the year after the end of 1 the financial year to which the report relates. 2 (3) However, the Minister may allow a longer period for a local 3 government to comply with subsection (2). 4 of report about financial position of local government 5 Content 448. An annual report must contain-- 6 (a) the financial statements for the year as certified by the 7 Auditor-General; and 8 (b) the Auditor-General's certificate on the financial statements. 9 of report about implementing corporate and operational 10 Content plans 11 449. A local government's annual report also must contain an 12 assessment of its performance in implementing its corporate and 13 operational plans. 14 of report about other issues of public interest 15 Content 450. In addition, a local government's annual report must contain-- 16 (a) details of its revenue policy for the financial year; and 17 (b) a list of all action taken under section 402(2) (Changes to tenders) 18 during the year; and 19 (c) a list of all resolutions made during the year under section 403(1) 20 (Short listing after calling for expressions of interest); and 21 (d) a list of the registers kept by it and open for inspection; and 22 (e) its policy on rebates and concessions for rates levied, and 23 particulars of all the rebates and concessions allowed; and 24 (f) a copy of any resolution made during the year authorising the 25 payment or provision of remuneration to councillors or members 26 of committees of the local government; and 27 (g) particulars of-- 28

241 Local Government (i) the total remuneration paid or provided by it to each of its 1 councillors during the year; and 2 (ii) the total superannuation contributions paid by it for each of 3 its councillors during the year; and 4 (h) details of the number of meetings attended by each councillor 5 during the year; and 6 (i) a statement of its activities during the year to implement its plan 7 for equal opportunity in employment; and 8 (j) particulars of other issues relevant to making an informed 9 assessment of its operations and performance in the financial 10 year; and 11 (k) particulars of issues that may be required by the Local 12 Government Finance Standards. 13 of report to be available for inspection and purchase 14 Copies 451.(1) A local government must have the annual report adopted by it 15 printed and a reasonable number of copies of the report made. 16 (2) The local government must-- 17 (a) keep the report open for inspection; and 18 (b) make copies available for purchase at its public office at a price 19 not more than the cost to the local government of producing the 20 copy and, if a copy is supplied to a purchaser by post, the cost of 21 postage. 22 PART 9--DUTIES ABOUT PROPERTY STOLEN OR 23 UNACCOUNTED FOR 24 of missing property 25 Report 452.(1) If a local government becomes aware that property of, or 26 received by, it may have been stolen, the local government must 27

242 Local Government immediately give written notice to-- 1 (a) the police officer in charge of the police station at, or nearest to, 2 the place where the property is suspected to have been stolen; and 3 (b) the Auditor-General. 4 (2) If a local government becomes aware that property of, or received by 5 it, is missing, but the property is not suspected to have been stolen, the local 6 government must immediately give written notice to the Auditor-General. 7 (3) Subsection (2) applies only to property that has a total value of at 8 least-- 9 (a) $1 000; or 10 (b) if a greater amount is prescribed by regulation--the greater 11 amount. 12 Government to take part in prosecution 13 Local 453.(1) A local government must not-- 14 (a) obstruct, attempt to obstruct or fail to take part in a prosecution 15 for an offence committed in relation to property mentioned in 16 section 452 (Report of missing property); or 17 (b) deliberately withhold evidence relevant to the prosecution. 18 (2) The local government must not promise-- 19 (a) to do anything prohibited under subsection (1); or 20 (b) to secure discontinuance of the prosecution. 21 ART 10--JOINT LOCAL GOVERNMENTS 22 P by component local governments 23 Contribution 454. Each component local government of a joint local government must 24 pay to the operating fund of the joint local government the proportion 25 prescribed by regulation of the amount required in each financial year for 26

243 Local Government the operations of the joint local government. 1 for contribution to joint local government 2 Notice 455.(1) To inform a component local government of the amount required 3 to be paid by it in a financial year, a joint local government may issue a 4 contribution notice. 5 (2) The contribution notice must-- 6 (a) be signed by the president or deputy president, and bear the 7 common seal of the joint local government; and 8 (b) specify the amount of contribution payable by the component 9 local government; and 10 (c) require the component local government to pay the specified 11 amount on or before a specified day (not earlier than 30 days after 12 the notice is given to the component local government). 13 of failure to pay contribution 14 Results 456.(1) If a component local government liable to pay an amount 15 specified by a contribution notice fails to pay the amount to the joint local 16 government by the specified day or within a longer period allowed by the 17 joint local government-- 18 (a) the unpaid amount bears interest at the rate decided by the joint 19 local government; and 20 (b) the joint local government may recover the unpaid amount (and 21 interest). 22 (2) The rate of interest must not be more than-- 23 (a) the rate prescribed by regulation; or 24 (b) if no rate is prescribed--15% a year. 25 of a budget by joint local government for part of a year 26 Adoption 457.(1) This section applies to a joint local government if a regulation 27 specifies that its first budget must be for a specified part of a financial year. 28

244 Local Government (2) Section 432 (Adoption of budget) applies to the joint local 1 government's first budget as if a reference to `financial year' were a 2 reference to the specified part of the financial year. 3 of surplus in operating fund of joint local government 4 Disbursement 458.(1) If at the end of a financial year there is a surplus in the operating 5 fund of a joint local government, the surplus may be disbursed to any 6 purpose within the jurisdiction of local government approved by all the 7 component local governments. 8 (2) Despite section 437 (Disbursements not in budget), a purpose to 9 which the surplus is disbursed need not be a purpose within the jurisdiction 10 of the joint local government. 11 HAPTER 8--LOCAL LAWS AND LOCAL LAW 12 C POLICIES 13 PART 1--PRELIMINARY 14 1--Object and application 15 Division 16 Object 459.(1) A local government's jurisdiction to make laws is stated in 17 Chapter 2 (The local government system), Part 1 (Local governments), 18 Division 3 (Jurisdiction of local government). 19 (2) This Chapter provides a common law-making process for all laws 20 made by local governments. 21 (3) It also provides for local law policies to assist the detailed 22 implementation of a local law's objects. 23

245 Local Government of Chapter to Brisbane City Council 1 Application 460. This Chapter applies to the Brisbane City Council. 2 2--Local laws and related concepts 3 Division of "local law" 4 Meaning 461. A "local law"is a law made by a local government. 5 of "model local law" 6 Meaning 462.(1) A "model local law" is a law about a matter within the 7 jurisdiction of local government that is proposed by the Minister as suitable 8 for adoption by local governments as a local law. 9 (2) A model local law must be gazetted. 10 of "interim local law" 11 Meaning 463. An "interim local law" of a local government is a local law that the 12 local government and Minister agree may be made using the process stated 13 in Part 2 (Making local laws and policies), Division 2 (Making interim local 14 laws) because of the nature of the law. 15 of "local law policy" 16 Meaning 464. If-- 17 (a) a local law expressly states that a local government may make a 18 policy about a matter; and 19 (b) the local government makes a policy about the matter; 20 the policy is a "local law policy". 21 ART 2--MAKING LOCAL LAWS AND POLICIES 22 P

246 Local Government Division 1--Making model local laws 1 local law process 2 Model 465.(1) The process stated in this Division or Division 3 (Making other 3 local laws) must be used to make a model local law. 4 (2) If a local government purports to make a model local law in 5 contravention of subsection (1), the purported law is of no effect. 6 1--make a law 7 Step 466.(1) A local government makes a model local law if, by resolution, 8 it-- 9 (a) adopts a model local law about a matter; and 10 (b) if there is an existing local law about the matter that is inconsistent 11 with what is adopted--amends or repeals the existing local law so 12 that there is no inconsistency. 13 (2) The local government's chief executive officer must certify the 14 required number of copies of the local law to be the local law as made by 15 the local government. 16 2--give public notice of law 17 Step 467.(1) A notice of the making of the model local law must be published 18 in the Gazette stating-- 19 (a) the name of the local government making the local law; and 20 (b) the name of the local law; and 21 (c) the date of the local government's resolution making the local 22 law; and 23 (d) the name of any existing local law amended or repealed by the 24 new local law. 25 (2) The notice also may state the following-- 26 (a) that the local law is a model local law proposed by the Minister as 27 suitable for adoption by local governments; 28

247 Local Government (b) the purposes and general effect of the local law; 1 (c) that a certified copy of the local law is open to inspection at the 2 local government's public office and at the department's State 3 office; 4 (d) that a copy of the certified copy of the local law may be purchased 5 at the local government's public office. 6 (3) If the local law is not notified within 1 year of the date of the local 7 government's resolution making the local law (or a longer period decided 8 by the Minister), the process stated in this Division must be used again 9 before the local law is notified in the Gazette. 10 (4) On the day of notification (or as soon as practicable after the day), the 11 local government must give the Minister-- 12 (a) a copy of the notice; and 13 (b) the required number of certified copies of the local law. 14 Division 2--Making interim local laws 15 local law process 16 Interim 468.(1) The process stated in this Division must be used to make an 17 interim local law. 18 (2) If a local government purports to make an interim local law in 19 contravention of subsection (1), the purported law is of no effect. 20 1--propose a law 21 Step 469.(1) The local government must, by resolution, propose to-- 22 (a) make a law; and 23 (b) get the Minister's agreement to make the law as an interim local 24 law. 25 (2) The proposed local law must include a sunset provision stating the 26 law will expire-- 27 (a) 6 months after its commencement; or 28

248 Local Government (b) at the end of a longer period gazetted by the Minister. 1 2--get Minister's agreement to use interim local law process 2 Step 470.(1) The local government must-- 3 (a) advise the Minister of the proposed local law and state why it is 4 necessary or desirable for the local law to be made on an interim 5 basis; and 6 (b) give the Minister information about the proposed local law 7 required by the Minister or by regulation. 8 (2) If the Minister agrees the local law should be made on an interim 9 basis, the Minister must advise the local government of this. 10 (3) The Minister's agreement may be subject to conditions the Minister 11 considers appropriate. 12 (4) Before proceeding to Step 3, the local government must-- 13 (a) get an advice under subsection (2); and 14 (b) agree to satisfy any condition imposed by the Minister; and 15 (c) agree to immediately begin the process stated in Division 3 16 (Making other local laws) to make the proposed interim local law 17 as a local law under that Division. 18 (5) The local government must satisfy any agreed conditions and begin 19 the process stated in Division 3 to make the proposed interim local law as a 20 local law under that Division. 21 3--make proposed law 22 Step 471.(1) The local government must, by resolution, make the proposed 23 interim local law. 24 (2) The local government's chief executive officer must certify the 25 required number of copies of the local law to be the local law as made by 26 the local government. 27

249 Local Government 4--give public notice of law 1 Step 472.(1) A notice of the making of the interim local law must be 2 published in the Gazette stating-- 3 (a) the name of the local government making the local law; and 4 (b) the name of the local law; and 5 (c) the date of the local government's resolution making the local 6 law; and 7 (d) the name of any existing local law amended or repealed by the 8 new local law. 9 (2) The notice also may state the following-- 10 (a) that the local law is an interim local law; 11 (b) the purposes and general effect of the local law; 12 (c) the date the local law will expire and that the Minister may extend 13 this date by Gazette notice; 14 (d) that a certified copy of the local law is open to inspection at the 15 local government's public office and at the department's State 16 office; 17 (e) that a copy of the certified copy of the local law may be purchased 18 at the local government's public office. 19 (3) The notice must be published as soon as practicable after the 20 resolution making the local law is made. 21 (4) On the day of notification (or as soon as practicable after the day), the 22 local government must give the Minister-- 23 (a) a copy of the notice; and 24 (b) the required number of certified copies of the local law. 25 Division 3--Making other local laws 26 law process 27 Local 473.(1) The process stated in this Division must be used to make a local 28 law (other than a model local law or interim local law). 29

250 Local Government (2) The process stated in this Division also may be used to make a model 1 local law. 2 (3) If a local government purports to make a local law in contravention of 3 subsection (1), the purported law is of no effect. 4 1--propose a law 5 Step 474. The local government must, by resolution, propose to make a law. 6 2--ensure proposed law satisfactorily deals with any State 7 Step interest 8 475.(1) The local government must-- 9 (a) advise the Minister of the proposed local law; and 10 (b) give the Minister information about the proposed local law 11 required by the Minister or by regulation. 12 (2) If the Minister considers State interests are satisfactorily dealt with by 13 the proposed local law, the Minister must advise the local government that it 14 may proceed further in making the law. 15 (3) Alternatively, if the Minister considers State interests would be 16 satisfactorily dealt with by the proposed local law if the local government 17 satisfied particular conditions, the Minister-- 18 (a) may impose conditions on the local government that the Minister 19 considers appropriate; and 20 (b) must advise the local government that it may proceed further in 21 making the law if it-- 22 (i) satisfies any conditions about the content of the proposed 23 local law; and 24 (ii) agrees to satisfy any other conditions. 25 (4) If the Minister considers that the proposed local law only makes a 26 minor amendment of an existing law (including, for example, the correction 27 of a minor error), the advice of the Minister also may state that the local 28 government may proceed to Step 8 without satisfying Steps 3 to 7. 29 (5) Steps 3 to 7 do not apply if the Minister's advice to the local 30

251 Local Government government includes the statement mentioned in subsection (4). 1 (6) The advice of the Minister also may state that the local government 2 may proceed without satisfying Step 7 if the local government agrees to 3 satisfy particular conditions. 4 (7) Before proceeding further in making a proposed local law, the local 5 government must-- 6 (a) get an advice under subsection (2) or (3); and 7 (b) satisfy any condition about the content of the proposed local law; 8 and 9 (c) agree to satisfy any other conditions. 10 3--consult with public about proposed law 11 Step 476.(1) The local government must consult with the public about the 12 proposed local law for at least 21 days (the "consultation period"). 13 (2) However, a longer consultation period may be-- 14 (a) fixed by a condition agreed by the Minister and the local 15 government in Step 2; or 16 (b) prescribed by regulation. 17 (3) The consultation period begins on the day when the notice mentioned 18 in subsection (4) is first published. 19 (4) A notice about the proposed local law must be-- 20 (a) published at least once in a newspaper circulating generally in the 21 local government's area; and 22 (b) displayed in a conspicuous place in the local government's public 23 office from the first day of the consultation period until the end of 24 the last day of the consultation period. 25 (5) The notice must state the following-- 26 (a) the name of the local government proposing to make the local 27 law; 28 (b) the name of the proposed local law; 29 (c) the purposes and general effect of the proposed local law; 30

252 Local Government (d) the length of the consultation period and the first and last days of 1 the period; 2 (e) that a copy of the proposed local law is open to inspection at the 3 local government's public office on or before the last day; 4 (f) that a copy of the proposed local law may be purchased at the 5 local government's public office on or before the last day at a 6 stated price; 7 (g) that written submissions by any person supporting or objecting to 8 the proposed local law may be made and given to the local 9 government on or before the last day stating-- 10 (i) the grounds of the submission; and 11 (ii) the facts and circumstances relied on in support of the 12 grounds. 13 (6) The price of a copy of the proposed local law must be no more than 14 the cost to the local government of having the copy available for purchase, 15 and, if the copy is posted to the purchaser, the postage cost. 16 4--give public access to proposed law 17 Step 477. On the first day of the consultation period and until the end of the 18 last day of the consultation period-- 19 (a) a copy of the proposed local law must be open to inspection at the 20 local government's public office; and 21 (b) copies of the proposed local law must be available for purchase at 22 the local government's public office at the price stated in the 23 notice about the proposed local law. 24 5--accept and consider all submissions 25 Step 478.(1) The local government must consider every submission properly 26 made to it. 27 (2) A submission is properly made to the local government if it-- 28 (a) is a written submission of any person about the proposed local 29 law; and 30

253 Local Government (b) states-- 1 (i) the grounds of the submission; and 2 (ii) the facts and circumstances relied on in support of the 3 grounds; and 4 (c) is given to the local government on or before the last day of the 5 consultation period. 6 6--decide whether to proceed with making proposed law 7 Step 479. After considering every submission properly made to it, the local 8 government must, by resolution, decide whether to-- 9 (a) proceed with the making of the proposed local law as advertised 10 (the "advertised proposed law"); or 11 (b) proceed with the making of the proposed local law with 12 amendments (the "amended proposed law"); or 13 (c) not proceed with the making of the proposed local law. 14 7--again ensure proposed law satisfactorily deals with any State 15 Step interest 16 480.(1) This step does not apply in the following cases-- 17 (a) if the local government got an advice under section 475(4) or (6) 18 (Step 2--ensure proposed law satisfactorily deals with any State 19 interest) and has satisfied any agreed conditions; 20 (b) if the local government decides not to proceed with the proposed 21 local law; 22 (c) if a regulation states the step does not apply. 23 (2) The local government must-- 24 (a) advise the Minister of its decision under Step 6; and 25 (b) give the Minister information about the proposed local law 26 required by the Minister or by regulation. 27 (3) If the Minister considers that State interests are satisfactorily dealt 28 with by the proposed local law, the Minister must advise the local 29

254 Local Government government it may proceed to Step 8. 1 (4) Alternatively, if the Minister considers that State interests would be 2 satisfactorily dealt with by the proposed local law if the local government 3 satisfied particular conditions, the Minister-- 4 (a) may impose conditions on the local government that the Minister 5 considers appropriate; and 6 (b) must advise the local government that it may proceed to Step 8 if 7 it-- 8 (i) satisfies any conditions about the content of the proposed 9 local law; and 10 (ii) agrees to satisfy any other conditions. 11 (5) Before proceeding further in making a proposed local law, the local 12 government must-- 13 (a) get an advice under subsection (3) or (4); and 14 (b) satisfy any condition about the content of the proposed local law; 15 and 16 (c) agree to satisfy any other conditions. 17 8--make proposed law 18 Step 481.(1) The local government must, by resolution, make-- 19 (a) the advertised proposed law; or 20 (b) the amended proposed law; or 21 (c) the proposed law for which the local government received advice 22 from the Minister that it could proceed to this Step without 23 satisfying Steps 3 to 7. 24 (2) The local government's chief executive officer must certify the 25 required number of copies of the local law to be the local law as made by 26 the local government. 27 9--give public notice of law 28 Step 482.(1) A notice of the making of the local law must be published in the 29

255 Local Government Gazette stating-- 1 (a) the name of the local government making the local law; and 2 (b) the name of the local law; and 3 (c) the date of the local government's resolution making the local 4 law; and 5 (d) that a certified copy of the local law is open to inspection at the 6 local government's public office and at the department's State 7 office. 8 (2) The notice also may state the following-- 9 (a) the purposes and general effect of the local law; 10 (b) the name of any existing local law amended or repealed by the 11 new local law; 12 (c) that a copy of the certified copy of the local law may be purchased 13 at the local government's public office. 14 (3) If the local law is not notified within 1 year of the date of the local 15 government's resolution making the local law (or a longer period decided 16 by the Minister), the process stated in this Division must be used again 17 before the local law is notified in the Gazette. 18 (4) On the day of notification (or as soon as practicable after the day), the 19 local government must give the Minister-- 20 (a) a copy of the notice; and 21 (b) the required number of certified copies of the local law. 22 4--Making local law policies 23 Division law policy process 24 Local 483.(1) The process stated in this Division must be used to make a local 25 law policy. 26 (2) If a local government purports to make a local law policy in 27 contravention of subsection (1), the purported policy is of no effect. 28

256 Local Government 1--propose a policy 1 Step 484. The local government must, by resolution, propose to make a local 2 law policy. 3 2--consult with public about proposed policy 4 Step 485.(1) The local government must consult with the public about the 5 proposed local law policy for at least 21 days (the "consultation period"). 6 (2) However, a longer consultation period may be prescribed by 7 regulation. 8 (3) The consultation period begins on the day when the notice mentioned 9 in subsection (4) is first published. 10 (4) A notice about the proposed local law policy must be-- 11 (a) published at least once in a newspaper circulating generally in the 12 local government's area; and 13 (b) displayed in a conspicuous place in the local government's public 14 office from the first day of the consultation period until the end of 15 the last day of the consultation period. 16 (5) The notice must state the following-- 17 (a) the name of the local government proposing to make the local law 18 policy; 19 (b) the name of the proposed local law policy; 20 (c) the name of the local law allowing the policy to be made; 21 (d) the purposes and general effect of the proposed local law policy; 22 (e) the length of the consultation period and the first and last days of 23 the period; 24 (f) that a copy of the proposed local law policy is open to inspection 25 at the local government's public office on or before the last day; 26 (g) that a copy of the proposed local law policy may be purchased at 27 the local government's public office on or before the last day at a 28 stated price; 29 (h) that written submissions by any person supporting or objecting to 30

257 Local Government the proposed local law policy may be made and given to the local 1 government on or before the last day stating-- 2 (i) the grounds of the submission; and 3 (ii) the facts and circumstances relied on in support of the 4 grounds. 5 (6) The price of a copy of the proposed local law policy must be no more 6 than the cost to the local government of having the copy available for 7 purchase, and, if the copy is posted to the purchaser, the postage cost. 8 3--give public access to proposed policy 9 Step 486. On the first day of the consultation period and until the end of the 10 last day of the consultation period-- 11 (a) a copy of the proposed local law policy must be open to 12 inspection at the local government's public office; and 13 (b) copies of the proposed local law policy must be available for 14 purchase at the local government's public office at the price stated 15 in the notice about the proposed local law policy. 16 4--accept and consider all submissions 17 Step 487.(1) The local government must consider every submission properly 18 made to it. 19 (2) A submission is properly made to the local government if it-- 20 (a) is the written submission of any person about the proposed local 21 law policy; and 22 (b) states-- 23 (i) the grounds of the submission; and 24 (ii) the facts and circumstances relied on in support of the 25 grounds; and 26 (c) is given to the local government on or before the last day of the 27 consultation period. 28

258 Local Government 5--make proposed policy 1 Step 488.(1) If after considering every submission properly made to it, the 2 local government decides to make the proposed local law policy (whether as 3 advertised or with amendments), it must, by resolution, make the local law 4 policy. 5 (2) The local government's chief executive officer must certify the 6 required number of copies of the local law policy to be the local law policy 7 as made by the local government. 8 6--give public notice of policy 9 Step 489.(1) A notice of the making of the local law policy must be published 10 in a newspaper circulating generally in the local government's area stating-- 11 (a) the name of the local government making the local law policy; 12 and 13 (b) the name of the local law policy. 14 (2) The notice also may state the following-- 15 (a) the name of the local law allowing the policy to be made; 16 (b) the date of the local government's resolution making the local law 17 policy; 18 (c) the purposes and general effect of the local law policy; 19 (d) the name of any existing local law policy amended or repealed by 20 the new local law policy; 21 (e) that a certified copy of the local law policy is open to inspection at 22 the local government's public office and at the department's State 23 office; 24 (f) that a copy of the certified copy of the local law policy may be 25 purchased at the local government's public office. 26 (3) On the day of notification (or as soon as practicable after the day), the 27 local government must give the Minister-- 28 (a) a copy of the notice; and 29 (b) the required number of certified copies of the local law policy. 30

259 Local Government (4) The local law policy commences-- 1 (a) on the day on which it is notified; or 2 (b) if a later day or time is fixed in the policy--on that day or at that 3 time. 4 (5) If the local law policy is notified on a day after the day or time fixed 5 by the policy for its commencement, the policy is valid, but commences on 6 the day on which it is notified. 7 ART 3--PUBLIC ACCESS TO LOCAL LAWS AND 8 P LOCAL LAW POLICIES 9 and policies available for inspection and purchase 10 Laws 490.(1) On and from the day of publication of a notice of the making of a 11 local law or local law policy (or as soon as practicable after the day)-- 12 (a) a certified copy of the local law or local law policy must be open 13 to inspection at the local government's public office and the State 14 department's office; and 15 (b) copies of the certified copy of the local law or local law policy 16 must be available for purchase at the local government's public 17 office. 18 (2) The price of a copy of a local law or a local law policy must be no 19 more than the cost to the local government of having the copy available for 20 purchase and, if the copy is posted to the purchaser, the postage cost. 21 register 22 Policy 491.(1) A local government must keep a register of its local law policies. 23 (2) The register must comply with the regulation. 24 (3) The register must be open to inspection at the local government's 25 public office. 26

260 Local Government PART 4--STATUS OF LOCAL LAWS AND LOCAL 1 LAW POLICIES 2 of local laws 3 Effect 492. On commencement, a local law made by a local government has the 4 force of law. 5 law policy binding on local government 6 Local 493. A local government's local law policy is binding on the local 7 government. 8 of local laws and local law policies 9 Proof 494.(1) In a proceeding, a certified copy of a local law or local law policy 10 is evidence of the content of the local law or local law policy. 11 (2) All courts, Judges and persons acting judicially must take judicial 12 notice of a certified copy of a local law or local law policy. 13 (3) In a proceeding, a copy of the Gazette or newspaper containing a 14 notice about the making of a local law or local law policy is-- 15 (a) evidence of the matters stated in the notice; and 16 (b) evidence that the local law or local law policy has been properly 17 made. 18 law and local law policy presumed to be within jurisdiction 19 Local 495. In a proceeding, the competence of a local government to make a 20 particular local law or local law policy is presumed unless the issue is 21 raised. 22 HAPTER 9--LOCAL GOVERNMENT 23 C INFRASTRUCTURE 24

261 Local Government PART 1--EXTENDED APPLICATION OF CHAPTER 1 to Brisbane City Council 2 Application 496. This Chapter applies to the Brisbane City Council. 3 ART 2--ROADS 4 P 1--Control of roads 5 Division governments' control of roads 6 Local 497.(1) A local government has control of all roads in its area. 7 (2) Control of roads includes capacity to take all necessary steps for-- 8 (a) survey and resurvey of roads; and 9 (b) construction, maintenance and improvement of roads; and 10 (c) regulation of use of roads; and 11 (d) regulation of movement of traffic and parking vehicles on roads. 12 (3) Subsection (2)(d) is subject to the Traffic Act 1949. 13 (4) Regulation of use of roads includes-- 14 (a) requiring, by local law, an owner of land adjoining a road to fence 15 the land to prevent animals escaping from the land onto the road; 16 and 17 (b) specifying, by local law, the obligations of the owner of the land. 18 Division 2--Realignment and widening of roads 19 of roads 20 Realignment 498.(1) A local government may realign a road to widen it. 21

262 Local Government (2) A road may be realigned-- 1 (a) by acquisition of land necessary for the purpose; or 2 (b) if a structure or part of a structure is on land affected by the 3 realignment between the existing and proposed 4 alignments--under a notice of realignment. 5 (3) A local government must serve a notice (the "notice of 6 realignment") on the owner of land affected by a realignment. 7 (4) The notice must inform the owner in general terms of this section and 8 section 500 (Compensation for realignment of road). 9 (5) The local government must lodge a copy of the notice of realignment 10 with the registrar of titles for the registration on the instrument of title to the 11 land. 12 of notice of realignment 13 Effect 499.(1) The owner of land the subject of a notice of realignment, must 14 not erect, place, re-erect, replace or repair any structure or part of a structure 15 on the land between the existing and proposed alignments of the road 16 without the permission of the local government. 17 (2) Despite service of the notice, land between the existing and proposed 18 alignments of a road does not form part of the road until it has been 19 acquired by the local government and dedicated to public use as a road. 20 (3) The registrar of titles may register the notice despite the 21 non-production of a relevant instrument of title. 22 for realignment of road 23 Compensation 500.(1) A person who would be entitled to claim compensation on 24 acquisition by a local government of land affected by a notice of 25 realignment situated between the existing and proposed alignments of a 26 road is entitled to compensation from the local government for injurious 27 affection to the person's interest in the land because of-- 28 (a) service of the notice; or 29 (b) refusal by the local government of permission mentioned in 30 section 499(1) (Effect of notice of realignment). 31

263 Local Government (2) However, compensation is not payable on service of the notice 1 until-- 2 (a) the land is first sold after service of the notice; or 3 (b) the owner of the land has, after service of the notice, offered the 4 land for sale in good faith, but cannot sell the land for a fair and 5 reasonable price. 6 for compensation 7 Claims 501.(1) A claim for compensation must-- 8 (a) be made to the chief executive officer of the local government in a 9 form approved by the chief executive officer; and 10 (b) be made within 3 years after the entitlement to compensation 11 arose. 12 (2) The claim is taken to have been properly made when the claimant has 13 given the local government all information reasonably required by it to 14 decide the claim. 15 (3) If, within 40 days after the claim is made, the local government has 16 not given to the claimant written notice of its decision on the claim, it is 17 taken to have refused compensation to the claimant on the 41st day after the 18 claim is made. 19 20 Appeals 502.(1) A claimant aggrieved by the decision of a local government 21 made on a claim for compensation may appeal against the decision to the 22 Planning and Environment Court. 23 (2) The appeal must be started within 30 days after notice of the decision 24 is given to the claimant or the decision is taken to have been made. 25 of compensation 26 Assessment 503. Assessment of compensation for injurious affection of an interest in 27 land because of a notice of realignment must be consistent with the 28 following principles-- 29

264 Local Government (a) the amount of compensation must represent the difference 1 between the market value of the interest immediately after service 2 of the notice and what would be the market value of the interest at 3 that time if the notice had not been served; 4 (b) any benefit that may accrue, because of the realignment, to land 5 adjacent to the land affected by the realignment, and in which the 6 claimant has an interest, must be taken into account; 7 (c) the amount of compensation must not be increased because the 8 land affected by the realignment has, since the service of the 9 notice, become or ceased to be separate from other land. 10 of compensation 11 Award 504. Before awarding compensation for injurious affection, the Planning 12 and Environment Court must be satisfied-- 13 (a) if the land has been sold-- 14 (i) the sale price is less than the seller might reasonably have 15 expected to receive had there been no notice of realignment; 16 and 17 (ii) the seller sold the land in good faith; and 18 (iii) the seller took reasonable steps to obtain a reasonable price 19 for the land; or 20 (b) if a local government has refused permission mentioned in 21 section 499(1) (Effect of notice of realignment)--the permission 22 was applied for in good faith. 23 of land instead of compensation 24 Acquisition 505.(1) Unless land between the existing and proposed alignments of a 25 road has been sold, a local government may acquire the land instead of 26 paying compensation for injurious affection. 27 (2) If, after a notice of realignment is served, land between the existing 28 and proposed alignments of a road has been cleared of all structures, a local 29 government may, and, if required by the owner of the land, must, acquire 30 the land. 31

265 Local Government (3) Land acquired under subsection (1) or (2) must be dedicated for 1 public use as a road within 3 months after its acquisition. 2 (4) Compensation for the compulsory acquisition of land under 3 subsection (1) or (2), if not agreed between the parties, must be assessed as 4 at the date of the acquisition. 5 of realignment not effective in certain circumstances 6 Notice 506.(1) A local government cannot, without the consent of the Planning 7 and Environment Court, serve notice of realignment on an owner of land 8 after the owner has applied to it-- 9 (a) for its approval of subdivision of the land; or 10 (b) for its approval, consent or permission-- 11 (i) to erect or use a structure on the land; or 12 (ii) to use the land for any purpose. 13 (2) The Court may consent to service of the notice only if it is satisfied 14 the purpose of the notice is to enable the local government to make, in good 15 faith, a reasonable widening of the road. 16 not carried out 17 Realignment 507.(1) This section does not apply to a realignment of road necessary to 18 comply with the requirements of a local government under a planning 19 scheme approved by the Governor in Council in its application to particular 20 developments in the local government's area. 21 (2) A local government may, before a realignment of a road has been 22 carried out, decide not to proceed with the realignment or with a part of it. 23 (3) The local government must serve notice of its decision on-- 24 (a) all owners of land who were served with notice of the 25 realignment; and 26 (b) all owners of land that, after the realignment has been carried out 27 in part, adjoins the realigned boundary of the road. 28 (4) The notice must inform the owners in general terms of this section 29 and section 508 (Compensation if realignment not carried out). 30

266 Local Government (5) The local government must-- 1 (a) withdraw all notices of realignment, or, if the decision relates to 2 part only of a realignment, all notices of realignment for the part, 3 lodged with the registrar of titles but not registered; and 4 (b) lodge with the registrar of titles a notice of its decision on all 5 instruments of title on which notice of realignment has been 6 registered, or, if the decision relates to part only of a realignment, 7 on which notice of realignment for the part has been registered. 8 if realignment not carried out 9 Compensation 508.(1) This section applies if-- 10 (a) a local government decides not to proceed with a realignment, or 11 part of a realignment, of a road; and 12 (b) structural improvements are made on land adjoining the road on 13 the basis of the proposed realignment being effected. 14 (2) The local government must pay the owner of the land reasonable 15 compensation for the decrease in value of the land because of the decision. 16 (3) The amount of compensation is the difference between the value of 17 the land before and after the decision. 18 (4) If the local government and the owner fail to agree on the amount of 19 compensation, the amount is to be decided by the Land Court. 20 (5) The provisions of the Acquisition of Land Act 1967 about the making, 21 hearing and deciding of claims for compensation for land taken under that 22 Act apply, with any necessary changes and any changes prescribed by 23 regulation, to claims for compensation under this section. 24 (6) A decision by a local government not to proceed with a realignment, 25 or part of a realignment, of a road does not give rise to an entitlement to 26 compensation or a cause of action in any owner or occupier of land or other 27 person other than under this section. 28 of land for use as footpath 29 Acquisition 509.(1) A local government may widen a road by acquiring from the 30 owner of land adjoining the road land for use as a footpath. 31

267 Local Government (2) The acquisition of land may be subject to a reservation in favour of 1 the owner of any of the following rights as the local government decides, at 2 or before the acquisition, to be appropriate-- 3 (a) a right to ownership, possession, occupation and use of any 4 existing structure, room or cellar at a specified height above or 5 depth below the level of the new footpath, subject to the local 6 government's right to enter, and make structural alterations to, the 7 structure, room or cellar as it considers to be necessary; 8 (b) a right to erect a structure, in accordance with law, at a specified 9 height above and extending over the new footpath and to the 10 ownership, possession, occupation and use of the structure; 11 (c) a right of support for a structure mentioned in paragraph (a) or 12 (b). 13 3--Opening and closure of roads 14 Division to local government of opening or closure of roads 15 Notice 510.(1) If an application is made under the Land Act 1962 for the 16 opening or closure of a road in a local government's area by a person (other 17 than the local government), the Minister administering that Act must give 18 written notice of the application to the local government. 19 (2) The notice must specify a date (no earlier than 1 month or later than 20 2 months after the local government is given the notice) on or before which 21 the local government may object to the opening or closure of the road. 22 (3) An objection must state fully the reasons for the objection. 23 (4) The Minister must have regard to any objections properly made by 24 the local government. 25 (5) If the Minister decides the road should be opened or closed, the 26 Minister must give written notice to the local government of the decision 27 and, if the decision is contrary to the local government's objection, the 28 reasons for it. 29

268 Local Government closure of roads by local government 1 Limited 511.(1) A local government may, by public notice, close a road, or part 2 of a road, permanently or temporarily, to particular traffic, if there is another 3 road, or route, reasonably available for use by the traffic. 4 (2) A local government may, by public notice, close a road to all traffic 5 or particular traffic-- 6 (a) during a temporary obstruction to traffic; or 7 (b) if it is necessary or desirable to close the road for-- 8 (i) a temporary purpose; or 9 (ii) in the interests of public safety. 10 (3) Notice under subsection (1) or (2) may be published in the way the 11 local government considers appropriate in each particular case. 12 (4) If a road, or part of a road, in a local government's area is closed to 13 traffic under subsection (1) or (2), the local government may do everything 14 necessary to stop traffic using the road or the part of the road. 15 Division 4--Miscellaneous 16 roads 17 Temporary 512.(1) A local government may, to remake or repair part of a road, 18 make a temporary road through land adjoining the road, to be used while 19 the part is being remade or repaired. 20 (2) However, the temporary road may be made only if it is not 21 reasonably practicable to temporarily close the part of the road to traffic 22 while it is remade or repaired. 23 road levels 24 Fixing 513.(1) The owner or occupier of land adjoining a road may give written 25 notice to the local government requiring it to advise the owner or occupier 26 of the permanent level fixed or to be fixed for the road. 27 (2) If the local government has not, within 6 months after receiving the 28 notice, given to the owner or occupier written advice about the permanent 29

269 Local Government level of the road, the local government is taken to have fixed the apparent 1 level of the road when the notice was given as the permanent level of the 2 road. 3 for change in road level 4 Compensation 514.(1) This section applies if-- 5 (a) after a local government has fixed the permanent level of a road, 6 the local government changes the level of the road; and 7 (b) the owner or occupier of land adjoining the road is injuriously 8 affected by the change. 9 (2) The owner or occupier, or the person's successor in title, is entitled to 10 the reasonable compensation because of the injurious affection that is agreed 11 between the local government and the person or, failing agreement, decided 12 by the Planning and Environment Court. 13 works and encroachments on roads 14 Ancillary 515.(1) In this section-- 15 "ancillary works and encroachments" means-- 16 (a) gates or grids; or 17 (b) private railways; or 18 (c) tramways, including sugar cane tramways; or 19 (d) viaducts; or 20 (e) cellars. 21 (2) A local government may, by local law, regulate the construction, 22 maintenance and operation of ancillary works and encroachments in, on, 23 along, across, under or over roads in its area. 24 of roads 25 Categorisation 516. A local government must categorise roads in its area according to 26 the surface of the road. 27

270 Local Government map and register 1 Roads 517.(1) A local government must prepare and keep up-to-date a map and 2 a register of roads in its area. 3 (2) The map of roads must show every road in its area. 4 (3) The register of roads must show-- 5 (a) the category of every road in its area; and 6 (b) the level of every road of which the level is fixed; and 7 (c) other particulars prescribed by regulation. 8 (4) The register of roads also may show other particulars the local 9 government considers appropriate. 10 (5) The map and register are open to inspection. 11 (6) On application and payment of a reasonable fee fixed by resolution or 12 local law, a person may obtain-- 13 (a) a copy of, or an extract from, a map or register of roads; or 14 (b) a certificate of an employee of the local government authorised 15 for the purpose-- 16 (i) about the category, alignment and levels of roads in its area; 17 or 18 (ii) about the fact that the alignment or level of a road in its area 19 has not been fixed. 20 ART 3--MALLS 21 P of Part 22 Purpose 518. This Part contains the provisions under which a mall may be 23 established in a road. 24

271 Local Government of roads to traffic 1 Closure 519.(1) For the purpose of establishing a mall in a road, the Governor in 2 Council may, by Gazette notice, and a notice published in a newspaper 3 circulating generally in the locality of the road, temporarily close a road to 4 traffic for the proposed mall. 5 (2) The Governor in Council may, by Gazette notice, amend or revoke 6 the road closure. 7 (3) A notice of a road closure or amendment of a road closure must 8 specify the day it becomes effective. 9 of works for mall 10 Provision 520.(1) A local government may undertake and provide the works 11 necessary or desirable for establishing a mall in a road. 12 (2) The local government also may do everything incidental to 13 undertaking or providing the works. 14 of mall 15 Establishment 521. The Governor in Council may, by Gazette notice, nominate a day 16 (the "mall opening day") on which a road closed to traffic for a proposed 17 mall is to reopen as a mall. 18 of mall 19 Closure 522. The Governor in Council may, by Gazette notice, declare that a 20 specified road ceases to be a mall on a specified day. 21 of mall 22 Operation 523.(1) A local government may do everything necessary or desirable 23 for the promotion, development, management, maintenance, cleaning, 24 operation and use of a mall. 25 (2) A local government also may do everything incidental to its powers 26 under subsection (1). 27 (3) The local government may permit the use of any part of the mall, 28

272 Local Government including the erection of any structure, on the conditions it considers 1 appropriate. 2 (4) The local government may exercise any of its powers in relation to 3 the mall before the mall opening day if it is necessary or desirable for the 4 mall's benefit immediately on its establishment. 5 of vehicles and animals in malls 6 Control 524. A local government may, by local law, regulate the entry of vehicles 7 and animals into, and the presence and use of vehicles and animals in, 8 malls. 9 entitlement to compensation for mall 10 No 525. A person has no entitlement at law to compensation for injurious 11 affection to any right or interest of a business, commercial or industrial 12 nature because of-- 13 (a) the existence of a mall; or 14 (b) anything done under this Part. 15 PART 4--MARINE AND AQUATIC MATTERS 16 service in local government area 17 Ferry 526. A local government has the exclusive right to provide a ferry service 18 across a watercourse at a place where the land forming both banks of the 19 watercourse is in its area. 20 service on boundary of local government areas 21 Ferry 527. If a watercourse is the boundary between 2 or more local 22 government areas, the Governor in Council may, by regulation, declare that 23 a specified local government has exclusive control of-- 24 (a) provision of a service by ferry across the watercourse at a place 25

273 Local Government where it forms the boundary; and 1 (b) all proper approaches to the ferry and the part of either bank of the 2 watercourse that, in the Governor in Council's opinion, is 3 necessary for the convenient construction and use of the ferry and 4 the proper approaches to it. 5 of ferries 6 Lease 528. A local government may lease the right to operate a ferry, alone or 7 with the land under its control that is required for the use of the ferry, for the 8 period and on the terms it considers appropriate. 9 laws about ferries 10 Local 529. A local government may make local laws for managing and 11 regulating the use of ferries operated or leased by it. 12 jetties, breakwaters and ramps 13 Harbours, 530.(1) A local government may construct, maintain, manage and 14 regulate the use of-- 15 (a) harbours for small vessels in or over tidal waters; and 16 (b) jetties, breakwaters and ramps in or over tidal waters. 17 (2) A local government may exercise powers under subsection (1) for a 18 harbour or proposed harbour whether its waters are within or outside the 19 limits of a harbour under the Harbours Act 1955. 20 (3) A local government may occupy and use foreshore, tidal land or tidal 21 waters to undertake work in exercising the powers. 22 (4) While the local government occupies or uses foreshore, tidal land or 23 tidal waters, the foreshore, land or waters are taken to be in its area. 24 (5) This section has effect subject to the Harbours Act 1955. 25 and regulation of bathing reserves 26 Management 531.(1) In this section-- 27

274 Local Government "seashore" means-- 1 (a) foreshore; or 2 (b) State land above high-water mark at ordinary spring tides that is 3 ordinarily covered by sand or shingle; 4 "State land" does not include land that is subject to a licence, permit or 5 other authority granted under an Act by the State. 6 (2) The Governor in Council may, by Gazette notice, place under the 7 control of a local government as a bathing reserve-- 8 (a) a part of the seashore; and 9 (b) land under the sea adjacent to that part of the seashore and 10 seawards for a distance not more than 1 km beyond low-water 11 mark at ordinary spring tides; and 12 (c) sea above that part of the seashore and land. 13 (3) The local government may-- 14 (a) manage and regulate the use of the bathing reserve; or 15 (b) construct and maintain enclosures, structures and facilities in the 16 bathing reserve; or 17 (c) provide, or authorise someone else to provide, life-saving 18 services for the bathing reserve. 19 (4) While the bathing reserve is under the local government's control, the 20 bathing reserve is taken to be in its area. 21 of foreshore 22 Control 532.(1) The Governor in Council may, by Gazette notice, place foreshore 23 under the control of-- 24 (a) the local government of the local government area adjoining the 25 foreshore; or 26 (b) if there is no local government area adjoining the foreshore--the 27 local government of a local government area convenient to the 28 foreshore. 29 (2) The local government may manage and regulate the use of the 30

275 Local Government foreshore. 1 (3) While the foreshore is under the local government's control, the 2 foreshore is taken to be in its area. 3 PART 5--LOCAL GOVERNMENT CONTROL OVER 4 LEVEE BANKS 5 Division 1--Jurisdiction of Local Governments 6 exclusion of jurisdiction of local government 7 Limited 533. The jurisdiction of a local government under this Part to prohibit or 8 regulate the construction and maintenance of levee banks does not extend to 9 a part of its area included in an approved plan within the meaning of the Soil 10 Conservation Act 1986. 11 2--Control of levee banks 12 Division of levee banks etc. 13 Regulation 534.(1) A local government may, by a local law-- 14 (a) prohibit construction of levee banks without the local 15 government's permission; and 16 (b) regulate the construction and maintenance of levee banks; and 17 (c) require changes to levee banks constructed before or after the 18 commencement of this Part, although their construction may have 19 complied with the requirements and approval of the local 20 government. 21 (2) A local law prohibiting construction of levee banks without the local 22 government's permission must provide for-- 23 (a) particulars to be supplied by an applicant for the local 24 government's permission; and 25

276 Local Government (b) public notice of applications for the local government's 1 permission to be given by advertisement at least twice in a 2 newspaper circulating generally in the local government's area; 3 and 4 (c) submissions supporting applications and the requirements 5 applying to the submissions; and 6 (d) procedures of the local government in considering and deciding 7 applications; and 8 (e) all other issues the local government considers necessary for 9 properly disposing of applications. 10 on application for permission 11 Decision 535.(1) If a local government decides to give permission for a levee bank 12 construction, it may decide the permission is subject to conditions. 13 (2) The decision on an application must-- 14 (a) be given to the applicant by written notice; and 15 (b) be given to each person who made a submission on the 16 application; and 17 (c) if the decision is to give permission, but the permission is to be 18 subject to conditions--specify the conditions. 19 of permit 20 Issue 536.(1) A permission has effect only if a permit is issued setting out the 21 terms of the permission. 22 (2) A permit must not be issued before the end of 30 days after notice of 23 the decision is given under section 535(2) (Decision on application for 24 permission). 25 (3) However, if an appeal is started within the 30 days mentioned in 26 subsection (2), a permit may be issued only if-- 27 (a) the decision on appeal confirms the giving of permission, with or 28 without conditions, or changed conditions, applying to the 29 permission; or 30

277 Local Government (b) the appeal is struck out or is discontinued. 1 (4) An issued permit is subject only to the conditions stated in the permit. 2 for permission for existing levee banks 3 Application 537.(1) If, when a local law mentioned in section 534 (Regulation of 4 levee banks etc.) commences, there is on land to which the local law applies 5 a levee bank that, in the local government's opinion, affects or is likely to 6 affect natural drainage to an extent that it causes or may cause damage to 7 land or a public work, service or undertaking, the local government may, by 8 written notice, require the owner of the land to apply to it within a specified 9 reasonable period for permission to keep the levee bank or part of the levee 10 bank. 11 (2) This Part applies to an application made in response to a requirement 12 under subsection (1) as if the application were an application for permission 13 to construct the levee bank or part concerned. 14 (3) A person must not keep on the person's land, or allow another 15 person to keep on the person's land, a levee bank or part of a levee bank to 16 which a requirement under subsection (1) applies-- 17 (a) after the end of the period allowed by the request for applying for 18 the local government's permission to keep the levee bank or part 19 of the levee bank, if the application has not been properly made; 20 or 21 (b) after the local government's permission has been refused; or 22 (c) in breach of the conditions stated in a permit issued by the local 23 government. 24 Maximum penalty--50 penalty units. 25 (4) If a person convicted of an offence against subsection (3) continues to 26 commit the offence, the person commits a continuing offence. 27 Maximum penalty--1 penalty unit for each day on which the offence is 28 continued. 29 Division 3--Appeals 30

278 Local Government against local government's decision 1 Appeal 538.(1) An appeal tribunal for hearing and deciding appeals against 2 decisions of a local government on an application is formed by the chief 3 executive of the department within which the Water Resources Act 1989 is 4 administered or that chief executive's delegate. 5 (2) A person aggrieved by a decision of a local government on an 6 application may appeal to an appeal tribunal. 7 (3) The appeal must be started within 30 days after the person aggrieved 8 is given written notice of the decision. 9 (4) The appeal is started by the person filing a notice of appeal with the 10 chief executive mentioned in subsection (1) and giving a copy of the notice 11 to the local government. 12 (5) As soon as practicable after the appeal is started, the chief executive 13 officer of the local government must inform the chief executive mentioned 14 in subsection (1) of the persons, other than the appellant, who made the 15 application and who made submissions on the application. 16 (6) The person who is to form the appeal tribunal on the appeal must 17 inform the appellant, the local government, and the persons mentioned in 18 subsection (5) of the day, time and place for hearing of the appeal. 19 on appeal 20 Decision 539.(1) An appeal tribunal may-- 21 (a) dismiss an appeal and confirm the decision of the local 22 government; or 23 (b) allow the appeal, set aside the decision of the local government 24 and substitute the decision it considers should have been made on 25 the application. 26 (2) The decision of an appeal tribunal is taken to be the decision of the 27 local government on the application. 28 (3) Section 536 (Issue of permit) does not apply to the issue of a permit 29 on the decision of an appeal tribunal. 30

279 Local Government of appeal tribunal 1 Duties 540. In hearing an appeal, the appeal tribunal-- 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 5 of the issues. 6 tribunal may decide procedures 7 Appeal 541.(1) An appeal is by way of rehearing. 8 (2) The appeal tribunal-- 9 (a) is not bound by the rules of evidence; and 10 (b) may inform itself in any way it considers appropriate; and 11 (c) may decide the procedures to be followed in the appeal. 12 (3) However, the appeal tribunal must comply with this Division and any 13 procedural rules prescribed by regulation. 14 tribunal's powers 15 Appeal 542.(1) In hearing an appeal, the appeal tribunal may-- 16 (a) act in the absence of a person who has been given reasonable 17 notice; and 18 (b) receive evidence on oath or by statutory declaration; and 19 (c) adjourn the appeal; and 20 (d) permit a document to be amended; and 21 (e) disregard any defect, error, omission or insufficiency in a 22 document. 23 (2) The appeal tribunal may administer an oath to a person appearing as a 24 witness before the tribunal. 25

280 Local Government before appeal tribunal 1 Representation 543. A party to an appeal may be represented by counsel, a solicitor or an 2 agent appointed in writing. 3 of appeal 4 Prosecution 544.(1) An appeal must be prosecuted diligently. 5 (2) An appeal tribunal may strike out an appeal if it considers the 6 appellant is not prosecuting the appeal diligently. 7 (3) An appeal may be discontinued by the appellant by written notice 8 given to the appeal tribunal and to the respondent. 9 to witness 10 Notice 545.(1) The person forming the appeal tribunal may, by written notice 11 given to a person, require the person to attend an appeal at a specified time 12 and place to give 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 appeal tribunal until excused 16 from further attendance. 17 Maximum penalty--35 penalty units. 18 (3) A person required to appear as a witness before an appeal 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 appeal tribunal. 21 of witness at appeal 22 Duty 546.(1) A person appearing as a witness at an appeal must not-- 23 (a) fail to take an oath or make an affirmation when required by the 24 appeal tribunal; or 25 (b) fail, without reasonable excuse, to answer a question the person is 26 required to answer by the appeal tribunal; or 27 (c) fail, without reasonable excuse, to produce a document that the 28

281 Local Government person is required to produce by a notice under section 545(1) 1 (Notice to witness). 2 Maximum penalty--35 penalty units. 3 (2) It is a reasonable excuse for a person to fail to answer a question or 4 produce a document if answering the question or producing the document 5 might tend to incriminate the person. 6 of appeal tribunal 7 Contempt 547. A person must not-- 8 (a) insult the person forming the appeal tribunal in an appeal; or 9 (b) deliberately interrupt an appeal; or 10 (c) create or continue, or join in creating or continuing, a disturbance 11 in or near a place where the appeal tribunal is conducting an 12 appeal; or 13 (d) do anything that would be a contempt of court if the person 14 forming the appeal tribunal were a Judge acting judicially. 15 Maximum penalty--50 penalty units. 16 of person forming appeal tribunal 17 Change 548. An appeal is not affected by a change in the person forming the 18 appeal tribunal. 19 of appeal 20 Costs 549.(1) An appeal tribunal may make an order for payment of costs of 21 an appeal as it considers just. 22 (2) Unless an appeal tribunal's order states otherwise, costs of 23 proceedings on an appeal are on the scale applying to taxation of costs in the 24 District Court. 25

282 Local Government on orders of appeal tribunal 1 Recovery 550.(1) An order of an appeal tribunal for payment of costs must be in 2 written form and a copy of the order must be given to-- 3 (a) the appellant or other person to whom an amount is ordered to be 4 paid; and 5 (b) the local government or other person by whom an amount is 6 ordered to be paid. 7 (2) A document purporting to be a copy of an order of an appeal tribunal 8 for payment of a stated amount of costs may be filed in the registry of a 9 court having jurisdiction in an action for debt in the amount stated in the 10 order, and enforced as an order of the court. 11 (3) If an order of an appeal tribunal for payment of costs does not state 12 the amount to be paid, the costs payable may be recovered by action in a 13 court of competent jurisdiction as a debt payable by the person by whom 14 the costs are ordered to be paid to the person to whose benefit the order was 15 made. 16 Division 4--Effect of Part 17 of Part on legal rights and remedies 18 Effect 551. A permission given on an application under this Part does not affect 19 a right or remedy a person had about a levee bank the subject of the 20 permission. 21 Division 5--Expiry of Part 22 of Part 23 Expiry 552. This Part expires 1 year after it commences. 24 HAPTER 10--RATES AND CHARGES 25 C

283 Local Government PART 1--GENERAL 1 Division 1--Rateable land 2 land is rateable? 3 What 553.(1) All land is rateable land other than-- 4 (a) vacant State land; and 5 (b) land occupied by the State or a government entity (other than a 6 non-exempt GOC), except under a lease from a private person; 7 and 8 (c) land in a State forest or timber reserve, other than land occupied 9 under an occupation permit or stock grazing permit under the 10 Forestry Act 1959 or under a lease under the Land Act 1962; and 11 (d) Aboriginal land under the Aboriginal Land Act 1991 or Torres 12 Strait Islander land under the Torres Strait Islander Land Act 13 1991, other than land used for commercial or residential 14 purposes; and 15 (e) land exempt from rating under an Act or a regulation made under 16 this Act. 17 (2) A regulation under subsection (1)(e) may, for example, exempt from 18 rating land used for religious, charitable, educational or public purposes. 19 (3) If part of a parcel of land mentioned in subsection (1)(d) is used for 20 commercial or residential purposes and another part (the "remainder") of 21 the parcel is used for other purposes, the remainder is not rateable land, 22 even though the other part of the parcel is rateable land. 23 (4) In this section-- 24 "non-exempt GOC" means a GOC, or a subsidiary of a GOC, within the 25 meaning of the Government Owned Corporations Act 1993 other than 26 a GOC or subsidiary that is exempt from rating under an Act in 27 relation to the relevant land; 28 "private person" means a person other than the State or a government 29 entity. 30

284 Local Government 2--Averaging of valuations 1 Division to Brisbane City Council 2 Application 554. This Division applies to the Brisbane City Council. 3 government may decide to average land values for rating 4 Local purposes 5 555.(1) A local government may decide by resolution that, for the 6 purpose of making and levying rates for a financial year on rateable land in 7 its area, the unimproved value of the land is to be its averaged value under 8 this Division. 9 (2) The resolution must specify whether the averaged value must be 10 calculated under section 556 (Averaging over 3 years) or section 557 11 (Averaging over 2 years). 12 over 3 years 13 Averaging 556.(1) If this section applies to a financial year, the averaged value of 14 rateable land for the financial year is the lesser of-- 15 (a) the land's effective value for the financial year; or 16 (b) the amount calculated as follows-- 17 (i) if the land has effective values for the financial year and each 18 of the previous 2 financial years--the average of the 19 3 effective values; or 20 (ii) in any other case--an amount equal to the land's effective 21 value for the financial year multiplied by the averaging 22 factor. 23 (2) In subsection (1)-- 24 "averaging factor", for a financial year, means the number calculated, to 25 2 decimal places, using the formula-- 26 T 27 3V 28 where-- 29

285 Local Government "T" means the total of the effective values of all rateable land in the 1 local government's area for the financial year and the previous 2 2 financial years; 3 "V" means the effective value of all rateable land in the local government's 4 area for the financial year. 5 over 2 years 6 Averaging 557.(1) If this section applies to a financial year, the averaged value of 7 rateable land for the financial year is the lesser of-- 8 (a) the land's effective value for the financial year; or 9 (b) the amount calculated as follows-- 10 (i) if the land has effective values for the financial year and the 11 previous financial year--the average of the 2 effective 12 values; or 13 (ii) in any other case--an amount equal to the land's effective 14 value for the financial year multiplied by the averaging 15 factor. 16 (2) In subsection (1)-- 17 "averaging factor", for a financial year, means the number calculated, to 18 2 decimal places, using the formula-- 19 T 20 2V 21 where-- 22 "T" means the total of the effective values of all rateable land in the 23 local government's area for the financial year and the previous 24 financial year; 25 "V" means the effective value of all rateable land in the local government's 26 area for the financial year. 27 available to calculate "averaging factor" 28 Information 558. A local government may calculate the averaging factor using only 29 the effective values of which it is aware at the time of making its resolution. 30

286 Local Government PART 2--MAKING AND LEVYING RATES AND 1 CHARGES 2 to make and levy rates and charges 3 Power 559.(1) A local government may, for a financial year, make and levy-- 4 (a) a general rate or differential general rates; and 5 (b) minimum general rate levies; and 6 (c) separate rates and charges; and 7 (d) special rates and charges; and 8 (e) utility charges. 9 (2) A local government also may fix general charges. 10 of rates and charges 11 Making 560. A rate or charge mentioned in section 559(1) (Power to make and 12 levy rates and charges) may only be made for a financial year by resolution 13 at the local government's budget meeting for the year. 14 rate or differential general rates must be made each year 15 General 561. A local government must make a general rate or differential general 16 rates for each financial year. 17 general rate 18 Differential 562.(1) Before a differential general rate is made and levied, rateable land 19 must be categorised into 2 or more categories under Part 3 (Categorisation 20 of land for differential rating). 21 (2) A differential general rate made and levied on rateable land in a 22 category may be the same as or different to the differential general rate 23 made and levied on land in another category. 24 (3) If a local government makes and levies a differential general rate for 25 rateable land for a financial year, the local government must not make and 26

287 Local Government levy a general rate for the land for the year. 1 (4) A differential general rate may be made and levied on a lot under a 2 community titles Act as if it were a parcel of rateable land. 3 general rate levy 4 Minimum 563.(1) A local government may identify rateable land for the purpose of 5 making and levying a minimum general rate levy in any way it considers 6 appropriate. 7 (2) If a local government makes and levies a differential general rate, it 8 may make and levy different minimum general rate levies on rateable land 9 in different categories. 10 general rate levy on time shared property 11 Minimum 564.(1) This section applies to a local government levying a minimum 12 general rate levy on-- 13 (a) rateable land where there is a structure wholly or partially subject 14 to a time share scheme; or 15 (b) a lot within the meaning of a community titles Act, wholly or 16 partially subject to a time share scheme. 17 (2) The local government may decide that the minimum general rate levy 18 is to be worked out using the formula-- 19 L x RU 20 where-- 21 "L" means the minimum general rate levy that would, apart from this 22 section, be payable for the part of the land or lot that is subject to the 23 time share scheme; 24 "RU" means the number of units of the structure or lot that are subject to 25 the time share scheme and are available at any time for separate 26 exclusive occupation. 27

288 Local Government general rate levy on mining tenements 1 Minimum 565.(1) A local government may decide that the minimum general rate 2 levy on land mentioned in subsection (2) is different to the minimum 3 general rate levy on other rateable land in its area. 4 (2) Subsection (1) applies to rateable land if the land is-- 5 (a) a mining claim; or 6 (b) a mining lease granted for mining for minerals of not more 7 than 2 ha; or 8 (c) a mining lease granted for a purpose associated with mining for 9 minerals of not more than 4 ha. 10 (3) A local government also may decide that different minimum general 11 rate levies apply to-- 12 (a) a mining claim of not more than 900 m2; and 13 (b) a mining claim of more than 900 m2; and 14 (c) a mining lease mentioned in subsection (2). 15 value of mining claims 16 Unimproved 566. The unimproved value of a mining claim is-- 17 (a) for a mining claim of not more than 900 m2--$150 or, if a 18 greater amount is prescribed by regulation, the greater amount; or 19 (b) for a mining claim of more than 900 m2--$450 or, if a greater 20 amount is prescribed by regulation, the greater amount. 21 rates and charges 22 Special 567.(1) A local government may make and levy a special rate or charge 23 on rateable land if-- 24 (a) the rate or charge is for a service, facility or activity; and 25 (b) in the local government's opinion, the land has or will specially 26 benefit from, or has or will have special access to, the service, 27 facility or activity. 28 (2) The special rate or charge may be made and levied on the bases the 29

289 Local Government local government considers appropriate. 1 (3) Without limiting subsection (2), the amount of the special rate or 2 charge may vary according to the extent to which, in the local government's 3 opinion, the land has or will specially benefit from, or has or will have 4 special access to, the service, facility or activity. 5 (4) The local government's resolution making the special rate or charge 6 must identify the rateable land to which the rate or charge applies. 7 (5) The local government may identify parcels of rateable land to which 8 the rate or charge applies in any way it considers appropriate. 9 (6) Subsection (1) is taken to have been complied with if the special rate 10 or charge is made and levied on-- 11 (a) all rateable land that, at the time of making and levying the rate or 12 charge, could reasonably be identified as land on which the rate or 13 charge may be made and levied; or 14 (b) all rateable land on which the rate or charge may be made and 15 levied, other than land accidentally omitted. 16 rates and charges 17 Separate 568. A local government may make and levy a separate rate or charge 18 equally on all rateable land in its area for a service, facility or activity. 19 charges 20 Utility 569.(1) A local government may make and levy a utility charge on-- 21 (a) any land, whether vacant or occupied, and whether or not it is 22 rateable land; or 23 (b) a structure. 24 (2) A utility charge may be for-- 25 (a) supplying water, gas or sewerage services; or 26 (b) for occupied land or a structure--supplying cleansing services. 27 (3) A utility charge may be made and levied for supplying water or 28 sewerage services while the facilities for supplying the services are being 29

290 Local Government constructed. 1 (4) A utility charge may be made and levied on the bases a local 2 government considers appropriate. 3 (5) The amounts of utility charges may differ on the basis of-- 4 (a) the use made of particular land, or a particular structure or a class 5 of land or structure; or 6 (b) any other circumstances peculiar to the supply of the relevant 7 service to particular land, a particular structure or a class of land 8 or structure. 9 charges 10 General 570.(1) A local government may, by local law or resolution, fix charges 11 for services and facilities supplied by it, including for example-- 12 (a) supplying an entitlement, facility, service or thing; or 13 (b) giving an approval, consent, licence, permission or registration; or 14 (c) giving information; or 15 (d) admitting a person to a structure or place; or 16 (e) receiving an application; or 17 (f) recording a change of ownership. 18 (2) A charge mentioned in subsection (1) is a general charge. 19 (3) A local government may fix a general charge by resolution despite 20 the fact that a corresponding charge had previously been fixed by local law. 21 of charges 22 Register 571. A local government must keep a register of general charges open 23 for inspection. 24 ART 3--CATEGORISATION OF LAND FOR 25 P DIFFERENTIAL RATING 26

291 Local Government 1--Categorisation of land 1 Division must be categorised for differential general rates 2 Land 572. A local government may make and levy a differential general rate 3 on land for a financial year only if all the land in its area has been 4 categorised under this Part. 5 criteria and categories 6 Establishing 573. Before making and levying a differential general rate for a financial 7 year, a local government must decide by resolution-- 8 (a) the categories into which rateable land in its area is to be 9 categorised; and 10 (b) the criteria by which land is to be categorised. 11 of categories for parcels of land 12 Identification 574.(1) After the categories and criteria have been decided, all rateable 13 land in the local government's area must be categorised by-- 14 (a) the local government identifying the category in which each parcel 15 of rateable land is included; or 16 (b) the valuation authority, at the local government's request, 17 identifying the category in which each parcel of rateable land is 18 included. 19 (2) If the valuation authority identifies the category in which a parcel of 20 rateable land is included, the valuation authority must give written notice to 21 the local government of the category of the parcel. 22 (3) If the valuation authority cannot identify the category in which a 23 parcel of rateable land is included, the valuation authority must give written 24 notice to the local government. 25 (4) The category in which a parcel of rateable land is included may be 26 identified in any way the valuation authority or local government considers 27 appropriate. 28

292 Local Government of categories for parcels of land 1 Specification 575.(1) If a local government resolves to make and levy a differential 2 general rate, the resolution must specify the categories in which rateable 3 land is to be included. 4 (2) The rateable land included in a category may be identified in any way 5 the local government considers appropriate. 6 (3) The accidental omission from categorisation of parcels of rateable 7 land does not prevent the making and levying of the differential general rate. 8 Division 2--Entry on land for categorisation 9 of "authorised person" for Division 10 Meaning 576. In this Division-- 11 "authorised person" means-- 12 (a) a person authorised by a local government for this Division; or 13 (b) the valuation authority; or 14 (c) a person authorised by the valuation authority for this Division; or 15 (d) a member of the Land Court; or 16 (e) a person authorised by a member of the Land Court for this 17 Division. 18 for which powers may be exercised 19 Purposes 577. An authorised person may exercise the powers mentioned in 20 section 578 (Power of entry) only for the purpose of-- 21 (a) deciding the categories into which rateable land in a local 22 government area is to be categorised or the criteria by which it is 23 to be categorised; or 24 (b) identifying the category in which a parcel of rateable land should 25 be included; or 26 (c) deciding an objection or appeal about the categorisation of land. 27

293 Local Government of entry 1 Power 578.(1) An authorised person may-- 2 (a) enter on land at any reasonable time; and 3 (b) inspect the land and the uses made of the land; and 4 (c) do anything reasonable and necessary to exercise powers under 5 paragraphs (a) and (b). 6 (2) Before entering on the land, the authorised person must-- 7 (a) obtain the agreement of the occupier or, if there is no occupier, an 8 owner of the land; or 9 (b) give at least 14 days' notice to the person mentioned in 10 paragraph (a) of-- 11 (i) the person's intention to enter on the land; and 12 (ii) the proposed purpose in entering on the land; and 13 (iii) the day and time when the person proposes to enter the land. 14 (3) In exercising a power under subsection (1), an authorised person 15 must take all reasonable steps to ensure the person causes as little 16 inconvenience, and does as little damage, as is practicable. 17 3--Notice of categorisation 18 Division to owner of categorisation 19 Notice 579.(1) If a local government resolves to make and levy a differential 20 general rate on land, a rate notice given to the owner of the land must 21 contain, or be accompanied by, a statement that complies with 22 subsection (2). 23 (2) The notice must-- 24 (a) specify the categories of rateable land in its area (the "rating 25 categories") and the criteria by which land is categorised; and 26 (b) specify the rating category in which the owner's land is included; 27 and 28 (c) inform the owner-- 29

294 Local Government (i) whether the rating category in which the land is included was 1 identified by the local government or valuation authority (the 2 "decision maker"); and 3 (ii) that the owner may object to the categorisation of the land by 4 giving to the decision maker notice of objection, in the form 5 approved by the decision maker, within 30 days after the 6 date of issue of the rate notice or any further period the 7 decision maker allows; and 8 (iii) that the sole ground on which the owner may object is that, 9 having regard to the criteria decided by the local government 10 by which rateable land is categorised, the land should have 11 been included, as at the date of issue of the rate notice, in 12 another of the rating categories; and 13 (iv) that giving a notice of objection will not, in the meantime, 14 affect the levy and recovery of rates; and 15 (v) that, if the owner's land is included in another rating 16 category because of the objection, an adjustment of rates will 17 be made. 18 4--Objections and appeals 19 Division objection to categorisation 20 Owner's 580.(1) An owner of rateable land categorised under Division 1 21 (Categorisation of land) may object to the categorisation of the land on the 22 sole ground that, having regard to the criteria decided by the local 23 government by which rateable land is categorised, the land should have 24 been included, as at the date of issue of the relevant rate notice, in another 25 rating category. 26 (2) The objection must be made by giving notice of the objection to the 27 decision maker. 28 (3) The notice of the objection must-- 29 (a) be given within 30 days after the date of issue of the rate notice or 30 any further period the decision maker allows; and 31 (b) be in the form approved by the decision maker; and 32

295 Local Government (c) nominate the rating category in which the owner claims the land 1 should have been included; and 2 (d) specify the facts and circumstances on which the claim is based. 3 on owner's objection 4 Decision 581.(1) If the owner of rateable land objects to the categorisation of the 5 land, a person authorised by the decision maker for the purpose must-- 6 (a) consider the categorisation of the land; and 7 (b) consider the facts and circumstances on which the claim is based. 8 (2) The person may-- 9 (a) allow the objection; or 10 (b) disallow the objection; or 11 (c) decide that the land should be included in another rating category. 12 (3) The person must decide the objection, and give written notice of the 13 decision to the owner, within 60 days after the end of the period within 14 which the objection had to be made. 15 (4) The notice must include the reasons for the decision. 16 of decision on objections 17 Effect 582.(1) Unless it is set aside on appeal, the decision on an objection to 18 the categorisation of land has effect under this section. 19 (2) If the decision allows the objection, the land is taken to be included, 20 for the period for which the relevant rate notice is issued, in the category 21 nominated by the objector in the notice of objection. 22 (3) If the decision disallows the objection, the land continues to be 23 included in the category specified in the relevant rate notice. 24 (4) If the decision is that the land should be in another rating category, the 25 land must be included in the category for the period for which the relevant 26 rate notice is issued. 27

296 Local Government of appeal against decision 1 Right 583. If the owner of rateable land is aggrieved by-- 2 (a) the decision on an objection to the categorisation of the land; or 3 (b) the failure by the decision maker to allow a further period to give 4 a notice of objection; 5 the owner may appeal to the Land Court against the decision or failure. 6 and how to start appeal 7 Where 584.(1) The appeal must be started by filing a notice of appeal in the 8 Land Court registry. 9 (2) The notice of appeal must-- 10 (a) be filed within 30 days after the owner received notice of the 11 decision or failure; and 12 (b) be in a form approved by the Land Court. 13 (3) The owner must give a copy of the notice of appeal to the decision 14 maker within 7 days after the notice of appeal is filed in the Land Court 15 registry. 16 (4) Failure to comply with subsection (3) does not affect the making of 17 the appeal or the jurisdiction of the Land Court to decide the appeal, but 18 costs of any adjournment caused by the failure may be awarded against the 19 owner of the land. 20 and procedure of Land Court 21 Constitution 585.(1) When exercising jurisdiction in an appeal under this Division, the 22 Land Court-- 23 (a) is constituted by 1 member; and 24 (b) may sit in chambers; and 25 (c) is not bound by rules of evidence. 26 (2) The appeal must be conducted as directed by the Land Court with a 27 view to its prompt disposal. 28

297 Local Government on appeal by Land Court 1 Decision 586.(1) In deciding an appeal against a decision on an objection to the 2 categorisation of land, the Land Court may-- 3 (a) set aside the decision and decide that the land should be included 4 in a different rating category; or 5 (b) disallow the appeal. 6 (2) In deciding an appeal against a failure to allow a further period to give 7 a notice of objection, the Land Court may-- 8 (a) allow a further period to give the notice; or 9 (b) disallow the appeal. 10 (3) If the Land Court sets aside the decision on the objection, the land is 11 taken to be included in the category decided by the Land Court for the 12 period for which the relevant rate notice is issued. 13 and recovery of rate unaffected by objection or appeal 14 Levy 587. The making of an objection, or the starting of an appeal, about the 15 categorisation of land does not affect the levy and recovery of rates on the 16 land. 17 5--Late categorisation 18 Division categorisation 19 Late 588. If rateable land in a local government area has been categorised 20 and-- 21 (a) the decision maker is later satisfied, having regard to the criteria 22 decided by the local government, that the land should be included 23 in a different rating category; or 24 (b) rateable land is not categorised by the decision maker because of 25 accidental omission; or 26 (c) land later becomes rateable land; or 27 (d) land that was included in 2 or more parcels of rateable land, either 28

298 Local Government in the same rating category or different rating categories, is later 1 amalgamated into a single parcel; 2 the decision maker must decide that the land should be included in a 3 specified rating category. 4 of effect of late categorisation 5 Time 589. A decision under section 588 (Late categorisation) has effect-- 6 (a) if the decision is made because of section 588(a)--for rates levied 7 after the decision is made; or 8 (b) if the decision is made because of section 588(b)--from the start 9 of the relevant financial year; or 10 (c) if the decision is made because of section 588(c)--from when the 11 land became rateable land; or 12 (d) if the decision is made because of section 588(d)--from the day 13 of registration in the office of the registrar of titles of the survey 14 plan of the amalgamation. 15 PART 4--LAND RECORD OF LOCAL 16 GOVERNMENT 17 1--Land record 18 Division record to be kept 19 Land 590.(1) A local government must keep a record of every parcel of 20 rateable land in its area. 21 (2) A land record must comply with the regulations. 22 record open to inspection 23 Land 591.(1) A land record is open to inspection 24

299 Local Government (2) A person may inspect particulars of land in a land record free of 1 charge if the person is, or is the agent of a person who is-- 2 (a) an owner, lessee or occupier of the land; or 3 (b) an owner, lessee or occupier of adjoining land. 4 (3) For the purposes of subsection (2), the appointment of an agent must 5 be evidenced in writing. 6 (4) A person may otherwise inspect a land record on payment of the fee 7 decided by the local government. 8 of land record 9 Amendment 592.(1) The chief executive officer of a local government must ensure the 10 particulars contained in its land record are amended whenever necessary to 11 make the record comply with the regulations. 12 (2) If an amendment of a land record (other than an amendment made 13 because of a general valuation of all rateable land in a local government area 14 by the valuation authority) changes a rate that is or may be levied on land, 15 the chief executive officer of the local government must immediately give 16 written notice of the amendment to the owner of the land. 17 to remove valueless land from land record 18 Resolution 593.(1) A reference to a particular parcel of rateable land in the land 19 record of a local government may be removed, on the local government's 20 resolution, if-- 21 (a) rates levied on the land by the local government for at least 22 3 years are overdue; and 23 (b) the overdue rates total more than the unimproved value of the 24 land; and 25 (c) the land is considered to be-- 26 (i) valueless; or 27 (ii) of so little value that, if offered for sale, it would not realise 28 the overdue rates. 29 (2) If a local government resolves to remove a reference to rateable land 30

300 Local Government from its land record, the local government may acquire the land under 1 Part 7 (Recovery of rates), Division 3 (Acquisition by local government of 2 valueless land). 3 of valueless land to land record 4 Restoration 594. If-- 5 (a) a local government gives a notice of intention to acquire land 6 under section 648(1) (Local government must first give notice); 7 and 8 (b) before the end of 6 months after the giving of the notice to the 9 owner of the land, the overdue rates for the land are paid to the 10 local government; 11 the local government must restore reference to the land in the land record. 12 2--Appeal against amendment of land record 13 Division of appeal 14 Right 595. A person aggrieved by an amendment of a land record, other than a 15 removal of land under section 593 (Resolution to remove valueless land 16 from land record), may appeal to a Magistrates Court against the 17 amendment. 18 and how to start appeal 19 Where 596.(1) An appeal must be made to the Magistrates Court nearest the 20 relevant land. 21 (2) The appeal is started by-- 22 (a) filing a written notice of appeal with the clerk of the court of the 23 Magistrates Court; and 24 (b) giving a copy of the notice to the chief executive officer of the 25 local government. 26 (3) The notice must state the grounds of the appeal. 27

301 Local Government procedures 1 Hearing 597.(1) The power to make rules of court under the Magistrates Courts 2 Act 1921 includes power to make rules of court for appeals to Magistrates 3 Courts under this Division. 4 (2) The procedure for an appeal to a Magistrates Court under this 5 Division is to be-- 6 (a) in accordance with the rules made under the Magistrates Courts 7 Act 1921; or 8 (b) in the absence of relevant rules, as directed by a Magistrate. 9 (3) In deciding the appeal, the Magistrates Court-- 10 (a) is not bound by the rules of evidence; and 11 (b) must observe natural justice; and 12 (c) may hear the appeal in court or in chambers. 13 of Magistrates Courts on appeal 14 Powers 598. In deciding the appeal, the Magistrates Court may-- 15 (a) confirm the amendment; or 16 (b) set aside the amendment and order the particulars previously 17 contained in the land record be restored. 18 to District Court on question of law only 19 Appeal 599. A party aggrieved by a decision of the Magistrates Court may 20 appeal to a District Court, but only on a question of law. 21 3--Notices of change in ownership 22 Division of sale of land 23 Notice 600.(1) In this section-- 24 "vendor", for land that has been sold, means the person who was the 25 land's owner immediately before its sale. 26

302 Local Government (2) If land is sold, the vendor must give the local government concerned 1 written notice of the sale within 30 days after it happens. 2 (3) The vendor complies with subsection (2) if-- 3 (a) the notice is given by the vendor's agent in the sale; or 4 (b) the vendor (or the vendor's agent in the sale)-- 5 (i) properly completes a combined form for the sale; and 6 (ii) files the form, together with the instrument of transfer of the 7 land, with the registrar of titles within 30 days after the sale. 8 of surrender or forfeiture to State 9 Notice 601.(1) A person who surrenders land, or an entitlement to occupy or 10 use land, to the State must give to the local government written notice of the 11 surrender within 30 days after the instrument of surrender is signed. 12 (2) If land, or an entitlement to occupy or use land, is forfeited to the 13 State, written notice of the forfeiture must be given to the local government, 14 within 30 days after the forfeiture takes effect -- 15 (a) for a forfeiture by action of the State--by the State; or 16 (b) in any other case--by the person who makes the forfeiture. 17 (3) A notice under subsection (1) or (2) must state the description of the 18 land. 19 of change in ownership 20 Notice 602.(1) In this section-- 21 "required person", for land whose ownership has changed, means the 22 person who was the land's owner immediately before the change. 23 (2) If ownership of any land in a local government area changes, except 24 as mentioned in section 600 (Notice of sale of land) or 601 (Notice of 25 surrender or forfeiture to the State), the required person must give written 26 notice of the change to the local government within 30 days after the change 27 happens. 28 (3) The notice must specify-- 29

303 Local Government (a) the date of the change; and 1 (b) the nature of the change; and 2 (c) the description of the land; and 3 (d) the full name and address of the land's owner before the change; 4 and 5 (e) the full name and address of the land's owner after the change. 6 (4) The required person complies with subsection (2) if the notice is 7 given by the person's agent in dealing with the land. 8 of failure to give notice of change in ownership 9 Result 603. If written notice is not given as required by a section of this 10 Division (other than under section 601(2)(a) (Notice of surrender or 11 forfeiture to State)), the person who was owner of the land immediately 12 before the change in ownership-- 13 (a) is liable for payment of all rates levied on the land, and all interest 14 accrued, before the notice is given to the local government, as if 15 no change in ownership had happened; and 16 (b) commits an offence. 17 Maximum penalty--5 penalty units. 18 ART 5--LEVYING AND PAYMENT OF RATES 19 P Division 1--Levying of rates 20 rates 21 Levying 604.(1) A rate may be levied only by a rate notice given to-- 22 (a) for a utility charge on a structure or land that is not rateable 23 land--the person at whose request the service is supplied; and 24 (b) in any other case--the owner of the land on which the rate is 25

304 Local Government levied. 1 (2) A rate notice must specify the date of its issue. 2 (3) A rate must be levied-- 3 (a) for a utility charge for supply of a water service based on the 4 quantity of water supplied during a period as calculated by 5 measurement at intervals--at the intervals the local government 6 considers appropriate; and 7 (b) in any other case--for the whole, a half or a quarter of the 8 relevant financial year, as the local government considers 9 appropriate. 10 (4) Except for a charge mentioned in subsection (3)(a), rates must be 11 levied on all persons liable to pay them for the same period of a financial 12 year. 13 (5) In this section-- 14 "person" includes-- 15 (a) for a utility charge under subsection (1)(a)--any of the 16 following-- 17 (i) the Commonwealth; 18 (ii) a Commonwealth instrumentality, agency, authority or 19 entity; 20 (iii) a division, branch or other part of a Commonwealth 21 instrumentality, agency, authority or entity; and 22 (b) in all cases--the State and a government entity. 23 may be levied or adjusted after end of financial year 24 Rate 605. A local government may, in a financial year, levy a rate, or adjust a 25 rate levy, even though its resolution for making the rate was made for an 26 earlier financial year. 27 2--Payment of rates 28 Division

305 Local Government who is liable to pay rate 1 Person 606.(1) The owner for the time being of land is liable to pay a rate levied 2 by a local government on the land. 3 (2) The person at whose request a utility service is supplied to a structure 4 or land that is not rateable land is liable to pay a rate levied by a local 5 government for supplying the service. 6 (3) If there is more than 1 owner or other person liable to pay a rate, all 7 the owners or other persons are jointly and severally liable. 8 (4) In this section-- 9 "person" has the same meaning as in section 604 (Levying rates). 10 to pay rate if change of ownership 11 Liability 607. A local government may recover the whole amount of a rate 12 payable for rateable land from the owner for the time being of the land. 13 responsibility for rates on land that ceases to be rateable 14 Continuing land 15 608.(1) This section applies to land that ceases to be rateable land because 16 of-- 17 (a) termination of the tenure of a holding; or 18 (b) surrender or forfeiture of the land to the State; or 19 (c) acquisition of the land by the State or the Commonwealth; or 20 (d) exemption of the land from rating; or 21 (e) the property description of the land ceasing to exist. 22 (2) The owner of the land immediately before it ceased to be rateable land 23 is taken to continue as the owner of the land, and the land is taken to 24 continue to be rateable land, for the levy, collection or refund of a rate on the 25 land for any period before it ceased to be rateable land. 26

306 Local Government rates can be paid 1 Where 609.(1) A rate is payable at the local government's public office. 2 (2) Payment of a rate may be accepted at-- 3 (a) another place used by the local government to receive rate 4 payments; or 5 (b) a place of business of a person appointed by the local government 6 to receive rate payments. 7 within which rates must be paid 8 Time 610.(1) A local government must specify on a rate notice whether the 9 rate must be paid within 30 days or 60 days after the day the notice is 10 issued. 11 (2) A person liable to pay a rate must pay the rate within the specified 12 time. 13 by instalments 14 Payment 611.(1) At its budget meeting, a local government may resolve that a rate 15 may be paid by instalments on the terms specified in the resolution. 16 (2) The terms may provide for payment of a premium. 17 (3) The terms may provide for-- 18 (a) the application of section 614 (Overdue rates may bear interest) to 19 the payment of the rate; and 20 (b) the immediate payment of future instalments; 21 if the terms are not met. 22 Division 3--Overdue rates 23 of "overdue rate" 24 Meaning 612. An "overdue rate" is the amount of a rate payable to a local 25 government that remains unpaid at the end of the period specified in the rate 26

307 Local Government notice as the period within which the amount of the rate is payable, 1 (including any amount of interest on the rate under section 614 (Overdue 2 rates may bear interest)), but does not include the amount of a rate if the 3 amount is being paid under-- 4 (a) the terms specified in a resolution under section 611 (Payment by 5 instalments); or 6 (b) the terms of an arrangement under section 627 (Remission, 7 composition and settlement of rates); or 8 (c) the terms of an arrangement under section 628 (Deferral of 9 liability to pay rates). 10 of overdue rates 11 Recovery 613. A local government may recover an overdue rate as a debt payable 12 by the person liable under this Part to pay the rate. 13 rates may bear interest 14 Overdue 614.(1) An overdue rate bears interest-- 15 (a) at the percentage decided by the local government; and 16 (b) after it becomes an overdue rate, from the day decided by the 17 local government. 18 (2) The interest is compound interest, calculated on daily rests. 19 (3) The rate of interest must not be more than-- 20 (a) the percentage prescribed by regulation; or 21 (b) if no percentage is prescribed--15% a year. 22 (4) A decision of the local government about the rate of interest, and the 23 date from which an overdue rate bears interest, must apply equally to all 24 overdue rates. 25 4--Discounts and other benefits for prompt payment of rates 26 Division

308 Local Government for payment within 30 days 1 Discount 615.(1) If the full amount of a rate is paid within 30 days after the date of 2 issue of the relevant rate notice, a local government may allow a discount. 3 (2) The discount must be a percentage of the rate that is not more than-- 4 (a) the percentage prescribed by regulation; or 5 (b) if no percentage is prescribed--15%. 6 for payment within 60 days 7 Discount 616.(1) If the full amount of a rate is paid after 30 days, but within 8 60 days, after the date of issue of the relevant rate notice, a local government 9 may allow a discount. 10 (2) The discount must not be more than 50% of the discount it has 11 decided to allow for payment within the 30 days. 12 when special circumstances prevent prompt payment 13 Discount 617. A local government may allow a discount on a rate under 14 section 615 (Discount for payment within 30 days) or 616 (Discount for 15 payment within 60 days) if the local government is satisfied that the person 16 liable to pay the rate was prevented, by circumstances beyond the person's 17 control, from paying the rate within the period required by the section. 18 discount if other rates are overdue 19 No 618. A discount is not allowable for a rate levied on land if there are other 20 overdue rates for the land. 21 benefits for prompt payment 22 Other 619. A local government may give, or join in giving, benefits (other than 23 discounts) as inducements for the prompt payment of rates. 24 5--Changes to land that affect rates 25 Division

309 Local Government Subdivision A--General 1 period starts on day of change 2 Different 620. For this Division, the period after a change is taken to start on the 3 day the change happens. 4 on which a rate is levied 5 Basis 621.(1) Despite Subdivision B (Changes affecting rates), a local 6 government may levy a rate on rateable land on the basis of the relevant 7 information of which it has been notified on or before the day it levies the 8 rate. 9 (2) However, if a change mentioned in Subdivision B happens, 10 section 622 (Rate levied for a period in which a change takes effect) applies. 11 levied for a period in which a change takes effect 12 Rate 622.(1) This section applies if-- 13 (a) a local government becomes aware that a change has happened to 14 which a section of Subdivision B applies; and 15 (b) a rate has already been levied on the relevant land for the period in 16 which the change takes effect. 17 (2) The local government must adjust the rate in accordance with the 18 section. 19 (3) If the owner or occupier has already paid the rate at the time it is 20 adjusted, the local government-- 21 (a) if the amount of the rate has decreased--must refund the overpaid 22 amount; or 23 (b) if the amount of the rate has increased--may recover the 24 underpaid amount. 25 B--Changes affecting rates 26 Subdivision

310 Local Government in unimproved value of land 1 Change 623.(1) This section applies if the unimproved value of rateable land 2 changes. 3 (2) A rate levied on the land after the change must be calculated on the 4 basis of-- 5 (a) for the period before the change--the previous unimproved value; 6 and 7 (b) for the period after the change--the new unimproved value. 8 becomes or ceases to be rateable land 9 Land 624.(1) This section applies if land becomes or ceases to be rateable land. 10 (2) A rate levied on the land after the change must be calculated only on 11 the proportion of the relevant period for which the land was rateable land. 12 included in a new rating category 13 Land 625.(1) This section applies if land is included in a rating category under 14 any of the following sections-- 15 � section 582 (Effect of decision on objections) 16 � section 586 (Decision on appeal by Land Court) 17 � section 588 (Late categorisation). 18 (2) A rate levied on the land after its inclusion must be calculated on the 19 basis of-- 20 (a) for the period before the inclusion--any previous categorisation 21 that applied to the land; and 22 (b) for the period after the inclusion--the new rating category. 23 to occupy land is ended 24 Entitlement 626.(1) This section applies if-- 25 (a) a person is entitled to occupy land-- 26 (i) that is a holding; or 27

311 Local Government (ii) under a licence or permission given by the State; and 1 (b) the person loses the entitlement because of expiry, surrender or 2 forfeiture of the relevant lease, licence or permission, or for some 3 other reason. 4 (2) A rate levied on the land must be calculated only on the proportion of 5 the relevant period for which the person was entitled to occupy the land. 6 PART 6--CONCESSIONS 7 composition and settlement of rates 8 Remission, 627.(1) A local government may-- 9 (a) remit the whole or a part of unpaid rates; or 10 (b) accept a composition or another arrangement for unpaid rates. 11 (2) If land for which unpaid rates are owing is free of encumbrance, the 12 local government may accept a transfer to it of the land in full or part 13 settlement of an owner's liability for the rates. 14 (3) The terms of an arrangement under this section may provide for-- 15 (a) the application of section 614 (Overdue rates may bear interest) to 16 the payment of a rate; or 17 (b) the immediate payment of the outstanding amount; 18 if the terms are not met. 19 (4) This section is subject to the following sections-- 20 � section 629 (Resort to remission, composition, settlement or 21 deferral requires justification) 22 � section 631 (Conditions on exercise of concession powers). 23 of liability to pay rates 24 Deferral 628.(1) A local government may enter into an arrangement to defer 25 payment of a rate until a specified time. 26

312 Local Government (2) The deferment may be for the lifetime of an owner of the land if the 1 owner is a pensioner. 2 (3) The arrangement may provide for payment of a premium because of 3 deferment. 4 (4) The terms of the arrangement may provide for-- 5 (a) the application of section 614 (Overdue rates may bear interest) to 6 the payment of the rate; or 7 (b) the immediate payment of the deferred rate; 8 if the terms are not met. 9 (5) This section is subject to the following sections-- 10 � section 629 (Resort to remission, composition, settlement or 11 deferral requires justification) 12 � section 631 (Conditions on exercise of concession powers). 13 to remission, composition, settlement or deferral requires 14 Resort justification 15 629.(1) A local government may exercise a power under section 627 16 (Remission, composition and settlement of rates) or 628 (Deferral of 17 liability to pay rates) only if-- 18 (a) it resolves that the case justifies the exercise of the power; or 19 (b) the case is of a kind that has been accepted, by resolution of the 20 local government, as justifying the exercise of the power. 21 (2) Circumstances or factors that may justify the exercise of the power 22 include-- 23 (a) that an owner of the land concerned is-- 24 (i) a pensioner; or 25 (ii) an entity whose objects do not include the making of profit; 26 or 27 (iii) an entity that provides assistance or encouragement for the 28 arts or cultural development; and 29 (b) that payment of the rate would cause the owner of land hardship; 30

313 Local Government and 1 (c) the assistance or encouragement of economic development of the 2 whole or part of the area; and 3 (d) the preservation, restoration or maintenance of structures or 4 places of cultural, environmental, historic, heritage or scientific 5 significance to the local government's area; and 6 (e) circumstances and factors prescribed by regulation. 7 for occupancy by pensioners 8 Remission 630.(1) A local government may remit, wholly or partially, the payment 9 of a rate if the land is occupied, but not owned, only by pensioners or by 10 pensioners and other persons. 11 (2) If the land is occupied only by pensioners, the local government may 12 remit the payment of a rate only if the owner of the land has given a binding 13 undertaking to the local government that the benefit of the remission will be 14 extended to each pensioner. 15 (3) If land is occupied by pensioners and other persons, the local 16 government may remit the payment of a rate only-- 17 (a) for the part of the rate that, in its opinion, is fairly attributable to 18 the parts of the land where a pensioner has rights to exclusive 19 occupancy; and 20 (b) if the owner of the land has given a binding undertaking to the 21 local government that the benefit of the remission will be 22 extended to each pensioner. 23 (4) This section is subject to section 631 (Conditions on exercise of 24 concession powers). 25 on exercise of concession powers 26 Conditions 631.(1) This section applies to a power under any of the following 27 sections-- 28 � section 627 (Remission, composition and settlement of rates) 29 � section 628 (Deferral of liability to pay rates) 30

314 Local Government � section 630 (Remission for occupancy by pensioners). 1 (2) A local government may exercise the power-- 2 (a) only on application of the owner of the land concerned, made in 3 the form and way approved by the local government; and 4 (b) for-- 5 (i) a period resolved by the local government; or 6 (ii) without limit of time while the owner continues to be eligible 7 for the benefit conferred by the exercise of the power. 8 of increase in rate levied 9 Limitation 632.(1) When a local government resolves to make and levy a rate, it 10 also may resolve that, for all or specified classes of land, the amount levied 11 will not be more than the amount of the rate levied for the previous financial 12 year increased by a specified percentage. 13 (2) The resolution may specify different percentages for-- 14 (a) different land or classes of land; or 15 (b) different rates. 16 PART 7--RECOVERY OF RATES 17 Division 1--Extended application of Part 18 to Brisbane City Council 19 Application 633. This Part applies to the Brisbane City Council. 20 2--Recovery of overdue rates 21 Division

315 Local Government by court action 1 Recovery 634.(1) Overdue rates may be recovered-- 2 (a) by a proceeding in a Magistrates Court on the complaint of a 3 person authorised by the local government for the purpose; or 4 (b) by a proceeding for debt brought in a court of competent 5 jurisdiction by the local government. 6 (2) A person against whom an order for payment of an amount is made 7 in a proceeding under subsection (1)(a) is not liable to imprisonment on 8 default. 9 (3) An unsatisfied order or judgment made in a proceeding by or for a 10 local government for recovery of an amount from a person is not a bar to 11 recovery of the amount from any other person who is liable to pay the 12 amount. 13 3--Sale of land for overdue rates 14 Division of Division 15 Application 635. This Division applies if an overdue rate has remained unpaid for 16 3 years or, for a mining claim, 3 months. 17 of sale 18 Power 636.(1) The local government may, under this Division, sell the land on 19 which the rate was levied. 20 (2) However, the local government may not sell land if the liability of the 21 owner of the land to pay the overdue rate is the subject of a proceeding 22 pending in a court. 23 (3) A decision to sell the land may only be made by resolution. 24 (4) This section is also subject to section 652 (Restrictions on local 25 government dealing with land). 26

316 Local Government government must first give notice 1 Local 637.(1) If a local government decides to sell land under this Division, it 2 must immediately give the information mentioned in subsection (2), in 3 writing, to-- 4 (a) the owner of the land; and 5 (b) each encumbrancee, lessee or trustee who has given written notice 6 to the local government of the person's interest in the land. 7 (2) The information is-- 8 (a) notice of intention to sell the land; and 9 (b) the provisions, or a general outline of the provisions of, the 10 following sections-- 11 � section 638 (Starting and ending of sale procedures) 12 � section 639 (Procedures for sale) 13 � section 640 (Reserve price at auction) 14 � section 641 (Sale by agreement after auction) 15 � section 642 (Unsold land acquired by local government) 16 � section 643 (Application of proceeds of sale). 17 (3) The notice of intention to sell must comply with a regulation that may 18 be made for this section. 19 and ending of sale procedures 20 Starting 638.(1) The local government must start the procedures for selling the 21 land within the required period after giving the notice of intention to sell, 22 unless the amount of the overdue rate has been paid to it. 23 (2) The required period is from 3 to 6 months after giving the notice or, 24 for a mining claim, 1 to 6 months after giving the notice. 25 (3) The local government may only end, and must end, procedures for 26 selling the land if the amount of the overdue rate, and all expenses incurred 27 by it for the intended sale, are paid to it. 28 (4) A decision under subsection (3) must be made by resolution. 29

317 Local Government for sale 1 Procedures 639.(1) Land intended for sale under this Division must first be offered 2 for sale by public auction. 3 (2) The local government must prepare a notice containing-- 4 (a) the time and place of the proposed auction; and 5 (b) a full description of the land. 6 (3) At least 14 days but not more than 21 days before the day of the 7 proposed auction, the local government must-- 8 (a) advertise the notice in a newspaper circulating generally in its 9 area; and 10 (b) attach a copy of the notice to a conspicuous part of the land; and 11 (c) give a copy of the notice to-- 12 (i) the owner of the land; and 13 (ii) each encumbrancee, lessee and trustee who has given written 14 notice to the local government of the person's interest in the 15 land. 16 (4) On the day it complies with subsection (3)(a), the local government 17 must place a copy of the notice on display in a conspicuous place at its 18 public office. 19 (5) The notice must be kept on display until the day of the auction. 20 (6) If the land is a lot under a community titles Act the copy mentioned 21 in subsection (3)(b) may be attached to a conspicuous part of the common 22 property for the lot if it is not practicable to attach it to a conspicuous part of 23 the lot. 24 price at auction 25 Reserve 640.(1) A local government that offers land for auction under this 26 Division must place a reserve price on the land. 27 (2) The reserve price must be at least-- 28 (a) the amount of the overdue rate for the land; or 29 (b) the unimproved value of the land; 30

318 Local Government whichever is greater. 1 by agreement after auction 2 Sale 641.(1) If the reserve price is not reached at the auction, the local 3 government may enter into negotiations with the highest bidder at the 4 auction to sell the land by agreement. 5 (2) A sale of the land by agreement must be at a price greater than the 6 highest bid for the land at the auction. 7 land acquired by local government 8 Unsold 642.(1) If land offered for auction under this Division is not sold at 9 auction and-- 10 (a) the local government does not enter into negotiations under 11 section 641 (Sale by agreement after auction) with the highest 12 bidder at the auction; or 13 (b) the negotiations are unsuccessful; 14 the land is taken to have been sold at the auction to the local government at 15 the reserve price, unless it is held on a tenure that the local government is 16 not competent to hold. 17 (2) This section applies subject to section 652 (Restrictions on local 18 government dealing with land). 19 of proceeds of sale 20 Application 643.(1) The local government must apply the proceeds of sale of land 21 under this Division, in priority to all encumbrances, as follows-- 22 (a) first, in payment of the expenses of the sale; 23 (b) second, in payment of the overdue rate for the land; 24 (c) third, in payment of other rates that may be payable to the local 25 government by the person (the "former owner") who was the 26 owner of the land immediately before its sale; 27 (d) fourth, in payment of other amounts that may be payable to the 28 local government by the former owner. 29

319 Local Government (2) After application of the proceeds of sale under subsection (1), any 1 remainder must be paid to the person who was entitled to the rents and 2 profits of the land immediately before its sale. 3 (3) Any part of the proceeds of sale that remains unclaimed for 2 years 4 must be paid to the Public Trustee as unclaimed money. 5 (4) Subsection (1) is subject to section 653 (Priority of State debts 6 preserved). 7 operates as a discharge 8 Sale 644. After a sale of land under this Division, including a sale taken to be 9 to the local government under section 642 (Unsold land acquired by local 10 government), a proceeding for the recovery of rates for any period before 11 the sale may not be started or continued. 12 of title on certificate of sale 13 Issue 645.(1) On a sale of land under this Division, other than a sale taken to 14 be to the local government under section 642 (Unsold land acquired by local 15 government), a local government must give to the registrar of titles a 16 certificate specifying-- 17 (a) that the land has been sold under this Division; and 18 (b) the full description of the land; and 19 (c) the full name and address of the purchaser; and 20 (d) the purchase price of the land. 21 (2) The certificate must be under the local government's seal and must 22 comply with the regulations that may be made for this section. 23 (3) On receiving the certificate, the registrar of titles must register the 24 purchaser for the interest held in the land by the owner of the land 25 immediately before the sale, free of all encumbrances. 26 (4) The registrar of titles may comply with subsection (3) despite 27 non-production of a relevant instrument of title. 28 (5) This section is subject to section 652 (Restrictions on local 29 government dealing with land). 30

320 Local Government by local government of title to land 1 Acquisition 646.(1) If land offered for sale under this Division is taken to have been 2 sold to it under section 642 (Unsold land acquired by local government), a 3 local government must apply to the registrar of titles to be registered for the 4 interest held by the owner of the land immediately before the sale, free of all 5 encumbrances. 6 (2) The application must comply with the regulations. 7 (3) On receiving the application, the registrar of titles must register the 8 local government for the interest held by the owner of the land immediately 9 before the land was sold, free of all encumbrances. 10 (4) The registrar of titles may comply with subsection (3) despite 11 non-production of a relevant instrument of title. 12 (5) This section is subject to section 652 (Restrictions on local 13 government dealing with land). 14 Division 4--Acquisition by local government of valueless land 15 government may acquire valueless land 16 Local 647.(1) A local government may acquire, under this Division, land it has 17 resolved to remove from its land record under section 593 (Resolution to 18 remove valueless land from land record). 19 (2) This section applies subject to the following sections-- 20 � section 652 (Restrictions on local government dealing with land) 21 � section 653 (Priority of State debts preserved). 22 government must first give notice 23 Local 648.(1) If a local government decides to acquire land under this Division, 24 it must immediately give a written notice of its intention to acquire the land 25 to-- 26 (a) the owner of the land; and 27 (b) each encumbrancee, lessee or trustee who has given written notice 28 to the local government of the person's interest in the land. 29

321 Local Government (2) The notice of intention to acquire must comply with a regulation that 1 may be made for this section. 2 to be registered as owner 3 Application 649.(1) If, at the end of 6 months after the day, or the last day, that the 4 notice of intention to acquire is given, there is any overdue rate for the land, 5 the local government may apply to the registrar of titles to be registered for 6 the interest of the owner of the land, free of all encumbrances. 7 (2) If a local government makes an application under subsection (1), it 8 must discharge all rates payable for the land. 9 (3) The application must comply with the regulations. 10 (4) On receiving the application, the registrar of titles must-- 11 (a) register the local government for the interest of the owner of the 12 land, free of all encumbrances; and 13 (b) give the local government an instrument of title to the land. 14 (5) The registrar of titles may comply with subsection (4) despite 15 non-production of a relevant instrument of title. 16 (6) This section is subject to the following sections-- 17 � section 652 (Restrictions on local government dealing with land) 18 � section 653 (Priority of State debts preserved). 19 Division 5--Provisions about dealing with land under this Part 20 instrument of title for conterminous land 21 One 650. The registrar of titles may issue 1 instrument of title for 2 or more 22 parcels of land acquired under this Part if-- 23 (a) the local government asks; and 24 (b) the parcels are conterminous. 25

322 Local Government of land and title valid despite irregularities 1 Sale 651.(1) A dealing by a local government with land under this Part is 2 valid, and effective to confer a paramount title to the land on a purchaser or 3 on the local government, despite a failure to comply with a provision of this 4 Part. 5 (2) The purchaser of land dealt with under this Part or the registrar of 6 titles-- 7 (a) need not inquire whether this Part has been fully complied with 8 for a sale of land or an application for registration of title to land; 9 and 10 (b) is not affected by notice, actual or constructive, of a failure to 11 comply with a provision of this Part for the sale or application. 12 (3) A claim may not be made against a fund administered by the State 13 about-- 14 (a) a dealing with land under this Part; or 15 (b) a registration of title by the registrar of titles purporting to give 16 effect to a provision of this Part. 17 (4) This section does not protect-- 18 (a) a person who commits fraud or wilful default; or 19 (b) a local government that does not comply with a provision of this 20 Part; 21 from liability for loss caused by the fraud, default or non-compliance. 22 on local government dealing with land 23 Restrictions 652.(1) This section applies to land held on a tenure that-- 24 (a) requires the holder to have particular qualifications; or 25 (b) requires the agreement or permission of a particular government 26 entity before a person can lawfully hold an interest in the land. 27 (2) A local government may sell an interest in the land under this Part 28 only to a person who has the required qualifications or has obtained the 29 required agreement or permission. 30

323 Local Government (3) A local government may not acquire an interest in land held on a 1 tenure that prohibits a corporation from holding an interest in the land. 2 of State debts preserved 3 Priority 653.(1) This section applies if-- 4 (a) a local government intends to deal with land under this Part; and 5 (b) the land is subject to an encumbrance that confers rights on the 6 State or a government entity. 7 (2) The local government must give written notice of its intention to deal 8 with the land, to the State or government entity, before dealing with the 9 land. 10 (3) The local government may sell, or acquire, the land only-- 11 (a) subject to the encumbrance; or 12 (b) free of the encumbrance to the extent, and subject to any 13 conditions, agreed by the State or government entity. 14 of rates and charges on termination of tenure 15 Satisfaction 654.(1) If the tenure of a holding is terminated for the whole or part of 16 the land, an amount received by the State from an incoming holder of the 17 whole or part of the land may, after deduction of any amount payable to the 18 State, be applied by the State towards satisfaction of a liability for rates 19 payable to a local government for the land. 20 (2) If an amount is applied under subsection (1), only the remainder of 21 the amount received by the State is payable to the former holder of the land. 22 HAPTER 11--PROVISIONS AIDING LOCAL 23 C GOVERNMENT 24 PART 1--EXTENDED APPLICATION OF CHAPTER 25

324 Local Government to Brisbane City Council 1 Application 655. This Part (other than sections 689 (Proof of voters roll) and 690 2 (Proof of proceedings of local government)) applies to the Brisbane City 3 Council. 4 PART 2--RIGHT TO TAKE MATERIALS 5 materials from land 6 Taking 656.(1) A local government may authorise its employees or agents-- 7 (a) to enter rateable land, other than-- 8 (i) a protected area under the Nature Conservation Act 1992; or 9 (ii) the Wet Tropics Area within the meaning of the Wet Tropics 10 World Heritage Protection and Management Act 1993; or 11 (iii) a State forest or timber reserve under the Forestry Act 1959; 12 or 13 (iv) improved land; and 14 (b) to search for, dig, raise and gather on the land and remove 15 from the land any materials necessary for the exercise of the 16 local government's jurisdiction. 17 (2) A power under subsection (1) may-- 18 (a) be exercised on land in the local government's area or, with the 19 Minister's approval, land outside its area; and 20 (b) be exercised only-- 21 (i) with the agreement of the owner and occupier of the land; or 22 (ii) if the local government has given at least 7 days written 23 notice to the owner and occupier. 24 (3) The notice must inform the owner and occupier of-- 25 (a) the intention to enter the land; and 26 (b) the purpose of the entry; and 27

325 Local Government (c) the days and times when the entry is to be made. 1 (4) In exercising a power under subsection (1), the authorised employee 2 or agent must take all reasonable steps to ensure the employee or agent 3 causes as little inconvenience, and does as little damage, as is practicable in 4 the circumstances. 5 (5) Subsection (1) does not authorise-- 6 (a) causing, or contributing to, damage to any structure or works; or 7 (b) searching for, digging, raising or gathering materials, or 8 removing materials from, within 50 m of a dwelling-house, 9 bridge, dam, wharf, jetty or other structure or works. 10 (6) If a person incurs loss or damage because of the exercise of a power 11 under subsection (1), the person is entitled to be paid by the local 12 government the reasonable compensation because of the loss or damage 13 that is agreed between the local government and the person, or failing 14 agreement, decided by a court having jurisdiction for the recovery of 15 amounts up to the amount of compensation claimed. 16 (7) The court may make the order about costs it considers just. 17 (8) In this section-- 18 "loss" includes the value of materials taken. 19 ART 3--EXECUTION OF LOCAL GOVERNMENT 20 P ACTS 21 Division 1--Compliance with requirements of local government Acts 22 right of entry to comply with notice or order 23 Owner's 657.(1) If an owner of land occupied by someone else is given a notice 24 or order under a local government Act requiring work to be performed on 25 the land or a structure on the land (the "order"), the owner and the owner's 26 employees and agents may, at reasonable times-- 27

326 Local Government (a) enter the land and, if necessary, the structure to comply with the 1 order; and 2 (b) perform work necessary to comply with the order. 3 (2) However, before entering the land or structure, the owner must-- 4 (a) give at least 7 days written notice to the occupier of-- 5 (i) the intention to enter the land or structure; and 6 (ii) the purpose of the entry; and 7 (iii) the days and times when the entry is to be made; and 8 (b) produce a copy of the order for inspection by the occupier. 9 (3) This section does not affect any rights the owner has apart from this 10 section. 11 on occupier who refuses entry 12 Order 658.(1) If an occupier of land or a structure refuses to permit a person 13 who is seeking-- 14 (a) to properly exercise the jurisdiction of local government; or 15 (b) to exercise a power under a local government Act; 16 from entering the land or structure and performing work necessary for the 17 purpose for which entry is sought, the person may make written application 18 to a Magistrate for an order under this section. 19 (2) The applicant must give written notice of the application to the 20 occupier. 21 (3) If the Magistrate is satisfied the entry sought is reasonable and 22 necessary for the purpose, the Magistrate may, by written order, direct the 23 occupier to permit the person, within 48 hours after the order is given-- 24 (a) to enter the land or structure; and 25 (b) to perform all work necessary for the purpose. 26 (4) The person to whom the order is directed must comply with it. 27 Maximum penalty for subsection (3)--50 penalty units. 28

327 Local Government of owner against occupier's obstruction 1 Protection 659. An owner of land who fails to perform work in contravention of a 2 local government Act because of an occupier's refusal to permit entry is not 3 liable for the failure if the owner takes reasonable steps to enter the land to 4 perform the work. 5 of obligations by occupier on failure of owner 6 Discharge 660.(1) If the owner of land occupied by someone else fails to perform 7 work or pay an amount the owner is required under a local government Act 8 to perform or pay, the occupier may perform the work or pay the amount. 9 (2) If the occupier performs the work or pays the amount, the amount 10 incurred by the occupier in performing the work, or the amount paid by the 11 occupier, is a debt payable to the occupier by the owner. 12 (3) If the occupier is a tenant of the owner, the occupier may deduct, 13 from rent payable to the owner by the occupier, the amount payable to the 14 occupier by the owner under subsection (2). 15 (4) The owner cannot terminate the tenancy of the occupier because of a 16 deduction made from rent under subsection (3). 17 work for owner or occupier 18 Performing 661.(1) If the owner of land or a structure on land fails to perform work 19 required to be performed under a local government Act, a local government 20 may, by its employees and agents-- 21 (a) enter the land or structure; and 22 (b) perform the work. 23 (2) However, the powers under subsection (1) may be exercised only-- 24 (a) with the agreement of the owner and occupier; or 25 (b) under an order under section 658 (Order on occupier who refuses 26 entry). 27 (3) However, if it is not practicable to obtain the agreement of the owner 28 or occupier to the exercise of the powers, the local government may 29 exercise powers if it is satisfied, on reasonable grounds, that because of the 30

328 Local Government circumstances in the particular case, urgent action is required to be taken in 1 the interests of public health or safety. 2 (4) The amount properly and reasonably incurred by the local 3 government in performing the work is a debt payable to the local 4 government by the owner of the land. 5 (5) If the occupier of the land or structure on land is, in addition to the 6 owner of the land, required to perform the work, the amount incurred by a 7 local government in performing the work is payable to it by the owner and 8 occupier jointly and severally. 9 of work recoverable as a rate 10 Cost 662.(1) The local government may recover the amount payable by the 11 owner of land for the work performed by it as if the amount (together with 12 interest on the amount under subsection (2))-- 13 (a) were an overdue rate properly levied by the local government for 14 the land; and 15 (b) became payable to the local government at the end of 30 days 16 after the local government gave to the owner written notice of the 17 amount payable by the owner for the work performed. 18 (2) The amount payable to the local government bears interest as if it 19 were an amount of overdue rate payable to the local government. 20 of work a charge over land 21 Cost 663.(1) This section applies if an amount (including any interest on the 22 amount) (the "unpaid amount") is payable by the owner of land for work 23 performed by a local government under section 661 (Performing work for 24 owner or occupier). 25 (2) The unpaid amount is a charge on the land. 26 (3) The local government may lodge a request to register the charge in 27 the appropriate form over the land with the registrar of titles. 28 (4) The request must be accompanied by a certificate signed by the local 29 government's chief executive officer stating there is a charge over the land 30 under this section. 31

329 Local Government (5) A registered charge has priority over all encumbrances over the land 1 other than-- 2 (a) encumbrances in favour of the State or a government entity; and 3 (b) rates payable to the local government. 4 (6) The charge is in addition to any other remedy the local government 5 has for recovery of the unpaid amount. 6 of time in absence of notice of work done 7 Limitation 664. If work on land or a structure is performed without an approval that 8 is required under a local government Act, then, for any limitation of time 9 for taking a proceeding or doing anything else about the work, the work is 10 taken to have been performed when an employee or agent of the local 11 government first finds out about the work. 12 Division 2--Entry on land 13 on land for local government purposes etc. 14 Entry 665.(1) An employee or agent of a local government may enter land or a 15 structure, at all reasonable times, if the entry is necessary for the proper 16 exercise of the local government's jurisdiction, including-- 17 (a) to carry facilities into, through, across or under the land; or 18 (b) to perform work on the land or structure; or 19 (c) to inspect, maintain, repair, alter or add to facilities of the local 20 government on the land or structure. 21 (2) The powers under subsection (1) may be exercised only-- 22 (a) with the agreement of the owner and occupier of the land or 23 structure; or 24 (b) under an order under section 658 (Order on occupier who refuses 25 entry). 26 (3) However, if it is not practicable to obtain the agreement of the owner 27 or occupier to the exercise of the powers, the local government may 28 exercise powers if it is satisfied, on reasonable grounds, that because of the 29

330 Local Government circumstances in the particular case, urgent action is required to be taken in 1 the interests of public health or safety. 2 for loss or damage 3 Compensation 666.(1) This section applies if a person incurs loss or damage because of 4 the exercise by a local government of a power under section 665 (Entry on 5 land for local government purposes etc.). 6 (2) The person is entitled to be paid by the local government the 7 reasonable compensation because of the loss or damage that is agreed 8 between the local government and the person, or failing agreement, decided 9 by a court having jurisdiction for the recovery of amounts up to the amount 10 of compensation claimed. 11 (3) The court may make the order about costs it considers just. 12 3--General 13 Division execution of local government Act etc. 14 Obstructing 667.(1) A person must not obstruct or hinder, or attempt to obstruct or 15 hinder, a local government or any person in taking any action the local 16 government or person is required or authorised to take under a local 17 government Act or a notice or order given to the person under a local 18 government Act. 19 Maximum penalty--50 penalty units. 20 (2) An occupier of land or a structure who obstructs a person as 21 mentioned in section 658 (Order on occupier who refuses entry) may be 22 proceeded against under that section or under this section, but cannot be 23 proceeded against under both sections. 24 (3) A person must not destroy, pull down, damage or deface a board or 25 anything else on which a local law, order, notice or other matter is displayed 26 under authority of a local government. 27 Maximum penalty--35 penalty units. 28 (4) An occupier of land or a structure, when required by or for a local 29 government to disclose the name of the owner of the premises, must not-- 30

331 Local Government (a) without reasonable excuse, fail to disclose the owner's name; or 1 (b) knowingly state a false name. 2 Maximum penalty--35 penalty units. 3 officer may require name and address 4 Police 668.(1) A police officer may require a person to state the person's name 5 and address if the officer-- 6 (a) finds the person committing an offence against a local 7 government Act; or 8 (b) finds the person in circumstances that lead, or has information 9 that leads, the officer to suspect on reasonable grounds that the 10 person has just committed an offence against a local government 11 Act. 12 (2) When making the requirement, the police officer must warn the 13 person it is an offence to fail to state the person's name and address, unless 14 the person has a reasonable excuse. 15 (3) The police officer may require the person to give evidence of the 16 correctness of the person's name or address if the officer suspects, on 17 reasonable grounds, that the name or address given is false. 18 (4) A person must comply with a police officer's requirement under 19 subsection (1) or (3), unless the person has a reasonable excuse for not 20 complying with the requirement. 21 Maximum penalty--35 penalty units. 22 (5) The person does not commit an offence against this section if-- 23 (a) the police officer required the person to state the person's name 24 and address on suspicion of the person having committed an 25 offence against a local government Act; and 26 (b) the person is not proved to have committed the offence. 27 power of police officers about malls 28 Direction 669.(1) A police officer may give a person who is in a mall a direction to 29 do or stop doing something if the police officer believes, on reasonable 30

332 Local Government grounds, that it is necessary to give the direction to protect-- 1 (a) public safety or order; or 2 (b) the rights of members of the public to enjoy the mall; or 3 (c) the rights of persons to carry on lawful business in or in 4 association with the mall. 5 (2) When giving the direction, the police officer must warn the person it 6 is an offence not to comply with the direction. 7 (3) The person must comply with the direction, unless the person has a 8 reasonable excuse for not complying with it. 9 Maximum penalty--35 penalty units. 10 (4) This section has effect subject to the Peaceful Assembly Act 1992. 11 to arrest persons 12 Power 670.(1) This section applies to an offence against either of the following 13 sections-- 14 � section 668 (Police officer may require name and address) 15 � section 669 (Direction power of police officers about malls). 16 (2) A police officer may arrest a person if-- 17 (a) the officer-- 18 (i) finds the person committing an offence to which this section 19 applies; or 20 (ii) finds the person in circumstances that lead, or has 21 information that leads, the officer to suspect on reasonable 22 grounds that the person has just committed an offence to 23 which this section applies; and 24 (b) the officer believes on reasonable grounds that a proceeding by 25 way of complaint and summons against the person would be 26 ineffective. 27

333 Local Government 1 Fines 671.(1) If a proceeding for an offence against a local government Act 2 about a local government is taken and a court imposes a fine for the offence, 3 the fine must be paid to the operating fund of the local government. 4 (2) If a person other than the local government prosecutes the offence, 5 subsection (1) does not apply to any part of the fine the court orders be paid 6 to the person. 7 for offences 8 Proceedings 672.(1) An offence against this Act is a summary offence. 9 (2) A proceeding for an offence must start-- 10 (a) within 1 year after the commission of the offence; or 11 (b) within 6 months after the offence comes to the complainant's 12 knowledge, but within 2 years after the commission of the 13 offence; 14 whichever is the later. 15 to commit offence 16 Attempt 673. A person who attempts to commit an offence against this Act 17 commits an offence and, on conviction, is liable to the same penalties as if 18 the person had committed the offence. 19 ART 4--INFRINGEMENT NOTICE OFFENCES 20 P of authorised persons 21 Appointment 674. A local government may, by resolution, appoint any of its 22 employees to be an authorised person. 23

334 Local Government and duration of appointment of authorised persons 1 Terms 675.(1) An authorised person holds office under the conditions specified 2 in the resolution of appointment. 3 (2) An authorised person ceases to hold office if the person ceases to be 4 an employee of the local government that appointed the person. 5 of authorised persons 6 Powers 676. An authorised person has the powers given under this and any other 7 Act. 8 of identity cards 9 Issue 677.(1) A local government must issue an identity card in an appropriate 10 form to each authorised person appointed by it. 11 (2) The identity card must-- 12 (a) contain a recent photograph of the authorised person; and 13 (b) be signed by the person. 14 of identity card 15 Production 678.(1) An authorised person may exercise a power about a person only 16 if the authorised person first displays his or her identity card for inspection 17 by the person. 18 (2) If, for any reason, it is not practicable to comply with subsection (1), 19 the authorised person must produce the identity card for inspection by the 20 person at the first reasonable opportunity. 21 person may require name and address 22 Authorised 679.(1) This section applies if an authorised person believes, on 23 reasonable grounds, a person has just committed an infringement notice 24 offence. 25 (2) The authorised person may require the person to state the person's 26 name and address. 27

335 Local Government (3) When making the requirement, the authorised person must warn the 1 person it is an offence to fail to state the person's name and address, unless 2 the person has a reasonable excuse. 3 (4) The authorised person may require the person to give evidence of the 4 correctness of the person's name or address if the authorised person 5 suspects, on reasonable grounds, that the name or address given is false. 6 (5) A person must comply with the authorised person's requirement 7 under subsection (2) or (4), unless the person has a reasonable excuse for 8 not complying with it. 9 Maximum penalty--35 penalty units. 10 (6) The person does not commit an offence against this section if the 11 person is not proved to have committed the infringement notice offence. 12 13 Offences 680. A person must not abuse or insult an authorised person who is 14 exercising, or attempting to exercise, a power under this or another Act. 15 Maximum penalty--50 penalty units. 16 ART 5--LEGAL PROCESSES INVOLVING LOCAL 17 P GOVERNMENTS 18 of documents made by local governments 19 Authentication 681. A document made by a local government-- 20 (a) is sufficiently authenticated if it is signed for the local government 21 by-- 22 (i) the local government's mayor or chief executive officer; or 23 (ii) an employee of the local government authorised by the 24 mayor or chief executive officer for the purpose; and 25 (b) is not sufficiently authenticated if the only signature purporting to 26 be for the local government is that of a person other than a person 27

336 Local Government mentioned in paragraph (a). 1 of documents on local governments 2 Service 682. A document required or permitted to be served on a local 3 government is properly served if it is given in a way authorised by law to 4 the local government's chief executive officer. 5 service 6 Substituted 683.(1) If an owner of rateable land is known to be absent from the State, 7 a local government may serve a document on the owner by serving it on the 8 owner's agent in the State. 9 (2) If a local government does not know, or is uncertain about, the 10 current address of the place of residence or business of a person, a 11 document may be served on the person-- 12 (a) if the identity of the person is known--by addressing the 13 document to the person and publishing notice of its substance 14 once in the Gazette and once in a newspaper circulating generally 15 throughout the State; or 16 (b) if the identity of the person is not known--by addressing the 17 document to the `owner' or `occupier' of the land or premises 18 identified in the address and publishing notice of its substance 19 once in the Gazette and once in a newspaper circulating generally 20 throughout the State. 21 from stating law in the case of substituted service 22 Exemption 684.(1) A provision of a local government Act requiring a document 23 given to any person to contain or be accompanied by a statement of any 24 relevant provision of law is taken to be complied with despite the absence of 25 the statement if-- 26 (a) the document is served in a way permitted by section 683 27 (Substituted service); and 28 (b) subsection (2) is complied with. 29 (2) A document served in circumstances mentioned in subsection (1) 30

337 Local Government must contain a statement to the effect that particulars of the relevant 1 provision of law may be obtained, free of charge, on application to the local 2 government. 3 on time share owners 4 Service 685. A document is taken to be properly served under a local 5 government Act on the owners of a structure subject to a time share scheme 6 if it is addressed to the `owners' of the land or structure identified in the 7 address and served in a way authorised by law-- 8 (a) on the person named in the notice given to the local government 9 under section 698 (Notice of time share scheme to local 10 government) as the person responsible for administration of the 11 scheme as between the participants in the scheme; and 12 (b) at the address for service specified in the notice. 13 for local government in legal proceedings 14 Acting 686.(1) In a legal proceeding, the chief executive officer of a local 15 government or other employee authorised in writing by the local 16 government-- 17 (a) may give instructions and act as authorised agent for the local 18 government; and 19 (b) may sign all documents for the local government. 20 (2) A local government must pay the costs incurred by the chief 21 executive officer or other employee of the local government in a legal 22 proceeding. 23 (3) If the Attorney-General could take a proceeding on the relation of a 24 local government to secure compliance with an Act, the local government is 25 taken to sufficiently represent the public interest and may take the 26 proceeding in its own name. 27 not disqualified from adjudicating 28 Judiciary 687. A Judge, Magistrate or justice is not disqualified from adjudicating 29 in a proceeding to which a local government is a party merely because the 30

338 Local Government Judge, Magistrate or justice is, or is liable to be, a ratepayer of the local 1 government. 2 ART 5--EVIDENTIARY MATTERS 3 P and limits of local government need not be proved 4 Constitution 688. It is not necessary for the plaintiff in a legal proceeding started by, 5 for or against a local government to prove-- 6 (a) the local government's constitution; or 7 (b) the limits of the local government's area; or 8 (c) the limits of a division of the local government's area. 9 of voters roll 10 Proof 689. In a proceeding, a document purporting to be a copy of the voters 11 roll for a local government's area or a division of a local government's area, 12 and to be certified by the chief executive officer of the local government, is 13 evidence of the roll and of the matters contained in the roll. 14 of proceedings of local government 15 Proof 690. In a proceeding-- 16 (a) an entry in a record kept by the chief executive officer of a local 17 government purporting to record the proceedings of the local 18 government, or of any of its committees, and to be signed by the 19 mayor of the local government or chairperson of the committee, 20 at the time the entry was made; or 21 (b) a document purporting to be a copy of, or an extract from, the 22 entry, under the local government's seal, and to be certified by the 23 local government's current chief executive officer; 24 is evidence of the proceedings recorded by the entry and that the meeting at 25 which the recorded proceedings happened was properly held. 26

339 Local Government value of land record 1 Evidentiary 691. In a proceeding in which the liability for rates is relevant, an entry in 2 the land record kept by a local government under this Act, or a document 3 purporting to be a copy of or an extract from the entry, under the local 4 government's seal and to be certified by the local government's chief 5 executive officer is evidence-- 6 (a) of the matters contained in the entry; and 7 (b) that the valuation and rate recorded in the entry were properly 8 made; and 9 (c) that the person recorded in the entry as owner of the land 10 mentioned in the entry is liable for payment of the rates levied for 11 the land. 12 value of copies and certificates 13 Evidentiary 692.(1) A copy of a document purporting to be made under authority of 14 a local government or its mayor and purporting to be verified by the mayor 15 or an employee authorised by it, is taken to be, or to evidence, a document 16 made under the local government's authority or its mayor in the absence of 17 evidence to the contrary. 18 (2) The copy of the document is evidence in a proceeding as if it were the 19 original of the document. 20 (3) A certificate purporting to be signed by the chief executive officer of a 21 local government about the state of, or a fact appearing from, a record of the 22 local government is evidence in a proceeding of the matters contained in the 23 certificate. 24 of matters about roads 25 Proof 693.(1) In this section-- 26 "appropriate officer" of a local government means an employee of the 27 local government responsible for a road register kept by the local 28 government under this Act. 29 (2) In a proceeding-- 30 (a) a road register kept by a local government under this Act or a 31

340 Local Government document purporting to be certified by the appropriate officer to 1 be a copy of, or an extract from, an entry in the register is 2 evidence of the categorisation and levels of a road in the local 3 government's area; and 4 (b) a certificate purporting to be that of the appropriate officer that the 5 alignment or level of a road in the local government's area has not 6 been fixed is evidence of the matters contained in the certificate. 7 of directions given to local government 8 Proof 694. In a proceeding, a document purporting to be certified by or for the 9 Minister as a true copy of a direction given to a local government by the 10 Governor in Council or the Minister under this Act is evidence of the giving 11 of the direction and of the matters contained in the direction. 12 of orders for costs 13 Proof 695. In a proceeding, a document purporting to be certified by the person 14 who constitutes an appeal tribunal or a responsible person associated with 15 the conduct of an appeal tribunal as a true copy of an order for payment of 16 costs made by the appeal tribunal under this Act is evidence of the making 17 of the order and of the matters contained in the order. 18 PART 6--GENERAL ADMINISTRATIVE MATTERS 19 of things in local government's control 20 Ownership 696.(1) In this section-- 21 "roadway" means the part of road used by vehicles, bicycles or 22 pedestrians, and includes-- 23 (a) a bridge, culvert, ferry, ford, tunnel or viaduct; and 24 (b) works associated with the road, including, for example, gutters, 25 stormwater drains, kerbing and channelling. 26 (2) The materials in wharves, jetties and other structures or works under 27

341 Local Government the control of a local government, and in improvements to them, are the 1 local government's property. 2 (3) If a local government, in exercise of the jurisdiction of local 3 government, constructs a roadway or other structure or performs any works 4 on someone else's land, the materials in the roadway, structure or works are 5 the local government's property. 6 (4) Subsection (3) does not apply to the materials in-- 7 (a) an open drain other than any lining of the drain; or 8 (b) a house drain or soil pipe within the meaning of the Standard 9 Sewerage Law. 10 against liability 11 Insurance 697. A local government must insure itself by way of-- 12 (a) public liability insurance; and 13 (b) professional indemnity insurance; 14 in relation to its exercise of local government jurisdiction to a minimum 15 amount prescribed by regulation. 16 of time share scheme to local government 17 Notice 698.(1) If a time share scheme is implemented for a structure on land, 18 the owner of the land must, within 30 days after the implementation, give to 19 the local government written notice of the implementation. 20 (2) The notice must-- 21 (a) include information about the number of parts of the structure that 22 may at any time be occupied for residential purposes by a person 23 to the exclusion of other occupants of the structure; and 24 (b) specify the name and address for service of notices of the person 25 responsible for administration (including maintenance of the 26 structure and other property) of the scheme as between the 27 participants in the scheme; and 28 (c) be signed by or for the owner and person mentioned in 29 paragraph (b). 30

342 Local Government (3) A time share scheme is taken to be implemented when any person 1 becomes or agrees to become a participant in the scheme. 2 affecting time share schemes 3 Changes 699.(1) If the address for service of a person (the "previous nominated 4 person") whose name and address for service are notified to a local 5 government under section 698 (Notice of time share scheme to local 6 government) changes, the person must immediately give to the local 7 government written notice of the new address for service. 8 (2) If at any time after a notice has been given to a local government 9 under section 698 another person becomes responsible for administration of 10 the time share scheme as between the participants in the scheme, the 11 previous nominated person and the person (the "new nominated person") 12 who has become responsible for the administration must immediately give 13 to the local government notice of the name and address for service of 14 notices of the new nominated person. 15 registry searches free of charge 16 Land 700.(1) This section applies to any of the following persons-- 17 (a) the chief executive officer of a local government; 18 (b) an employee of a local government who is authorised by the chief 19 executive officer; 20 (c) a solicitor or other agent acting for a local government; 21 (d) an employee of a solicitor or agent mentioned in paragraph (c) 22 who is authorised by the solicitor or agent. 23 (2) The person may conduct searches of registers or documents about 24 land in the land registry in accordance with the practice of the registry 25 without payment of a fee. 26 CHAPTER 12--LOCAL GOVERNMENT STAFF 27

343 Local Government PART 1--CORPORATE STRUCTURE AND STAFF 1 RESOURCES 2 structure 3 Corporate 701.(1) A local government must have a corporate structure appropriate 4 for the conduct of its affairs. 5 (2) The corporate structure must be approved by the local government by 6 resolution. 7 for staff 8 Resources 702. A local government must, by resolution, decide the resources to be 9 allocated to the employment of staff. 10 PART 2--EMPLOYMENT OF STAFF AND 11 PERSONNEL PRACTICES 12 of staff 13 Employment 703.(1) A local government-- 14 (a) must appoint and employ an individual as its chief executive 15 officer; and 16 (b) may employ other employees for the exercise of its jurisdiction of 17 local government. 18 (2) The chief executive officer is to appoint the other employees of the 19 local government. 20 (3) However, the local government may decide that it, rather than the 21 chief executive officer, is to appoint employees to fill particular senior 22 executive positions. 23 (4) In appointing employees, the chief executive officer must act 24 consistently with-- 25

344 Local Government (a) the corporate structure approved by the local government; and 1 (b) the resources the local government has decided to allocate to the 2 employment of staff. 3 (5) The terms of employment of a local government's employees are to 4 be decided by it. 5 (6) However, subsection (5) has effect subject to any relevant industrial 6 award or agreement. 7 practices 8 Personnel 704.(1) A local government must comply with the following principles 9 in its personnel practices-- 10 (a) processes for appointing persons to positions are to be directed 11 towards ensuring proper assessment of merit of each applicant; 12 (b) employees are to be treated fairly and equitably without resort to 13 arbitrary action, irrelevant personal preference or coercion; 14 (c) employees are to be given, as far as practicable, effective 15 education, training and development directed to better 16 organisational and individual performance. 17 (2) A regulation may require each local government to adopt and 18 implement a plan for equal opportunity in employment. 19 PART 3--CHIEF EXECUTIVE OFFICER AND 20 OTHER EMPLOYEES 21 of chief executive officer 22 Role 705.(1) The chief executive officer of a local government has the role of 23 implementing the local government's policies and decisions. 24 (2) On a day-to-day basis, the chief executive officer's role includes 25 managing the local government's affairs. 26 (3) The chief executive officer alone is responsible for-- 27

345 Local Government (a) organising the presentation of reports and reporting to the local 1 government; and 2 (b) conducting correspondence between the local government and 3 other persons; and 4 (c) managing and overseeing the administration of the local 5 government and its corporate plan; and 6 (d) coordinating the activities of all employees of the local 7 government. 8 (4) The chief executive officer has-- 9 (a) all the powers necessary for performing the chief executive 10 officer's role; and 11 (b) the powers the local government specifically delegates to the chief 12 executive officer. 13 by chief executive officer 14 Delegation 706.(1) The chief executive officer of a local government may delegate 15 the chief executive officer's powers (including powers delegated to the chief 16 executive officer by the local government) to another employee of the local 17 government. 18 (2) However, the chief executive officer may not delegate-- 19 (a) a power delegated by the local government if the local 20 government has directed the chief executive officer not to further 21 delegate the power; or 22 (b) a power under section 195 (Registers of interests) or 713 23 (Registers of interests). 24 (3) All delegations made by the chief executive officer must be recorded 25 in a register of delegations kept by the chief executive officer. 26 (4) The register must contain the particulars prescribed by regulation. 27 (5) The register is open to inspection. 28 (6) In this section-- 29 "employee" of a local government includes a person who contracts with it 30 to provide services to it. 31

346 Local Government of chief executive officer 1 Selection 707.(1) In selecting a person to be its chief executive officer, a local 2 government must have regard to-- 3 (a) the role of the chief executive officer; and 4 (b) the extent of its resources and jurisdiction of local government. 5 (2) A local government must appoint as its chief executive officer a 6 person with enough ability, experience, knowledge and skills to effectively 7 perform the chief executive officer's role. 8 chief executive officer 9 Acting 708. A local government may appoint a person to act as its chief 10 executive officer during-- 11 (a) any vacancy, or all vacancies, in the position; or 12 (b) any period, or all periods, when the chief executive officer is 13 absent from duty or cannot, for another reason, perform the 14 position's duties. 15 to employees for help or advice 16 Requests 709.(1) A local government councillor may ask for help or advice 17 from-- 18 (a) the chief executive officer; or 19 (b) if the request is made under guidelines made by the chief 20 executive officer--another employee of the local government. 21 (2) If a councillor asks for help or advice from another employee of the 22 local government other than under guidelines made by the chief executive 23 officer, the employee must tell the chief executive officer about the request 24 as soon as is practicable. 25 (3) However, the mayor of the local government may ask for reasonable 26 help or advice from any employee. 27 (4) In this section-- 28 "employee" of a local government includes a person who contracts with the 29

347 Local Government local government to provide services to it. 1 of other local government employees 2 Role 710. The employees of a local government, under the chief executive 3 officer's direction, help the chief executive officer to implement the local 4 government's policies and decisions. 5 employment of local government employees 6 Concurrent 711.(1) An employee of a local government, other than its chief 7 executive officer-- 8 (a) may hold more than 1 position under the local government; and 9 (b) may, with the agreement of each of the local governments 10 concerned, be employed by more than 1 local government. 11 (2) The chief executive officer of a local government may not-- 12 (a) hold more than 1 position under the local government; or 13 (b) be employed by another local government. 14 (3) However, the chief executive officer of a component local 15 government also may hold a position under the joint local government. 16 PART 4--OBLIGATIONS OF LOCAL GOVERNMENT 17 EMPLOYEES 18 of local government employees 19 Integrity 712. An employee of a local government must-- 20 (a) act with integrity in the position held by the employee; and 21 (b) act in a way that shows a proper concern for the public interest. 22

348 Local Government of interests 1 Registers 713.(1) The mayor of the local government must keep-- 2 (a) a register of interests of the chief executive officer; and 3 (b) a register of interests of the persons who, under a regulation, are 4 related to the chief executive officer. 5 (2) The chief executive officer must keep-- 6 (a) a register of interests of each senior executive officer; and 7 (b) a register of interests of other employees of the local government 8 decided by the local government; and 9 (c) a register of interests of the persons who, under a regulation, are 10 related to the persons mentioned in paragraphs (a) and (b). 11 (3) A register-- 12 (a) must relate to only 1 person; and 13 (b) must contain the financial and non-financial particulars prescribed 14 by regulation. 15 (4) If the chief executive officer knows-- 16 (a) of an interest that the mayor must record in a register of interests 17 kept under subsection (1) in relation to the chief executive officer 18 or a person who, under a regulation, is related to the chief 19 executive officer (a "related person"); or 20 (b) that particulars of an interest recorded in a register kept under 21 subsection (1) about the chief executive officer or a related person 22 are no longer correct; 23 the chief executive officer must tell the mayor of the interest, or the correct 24 particulars, within the time prescribed by regulation. 25 Maximum penalty--85 penalty units. 26 (5) If another local government employee knows-- 27 (a) of an interest that the chief executive officer must record in a 28 register of interests kept under subsection (1) in relation to the 29 employee or a person who, under a regulation, is related to the 30 employee (a "related person"); or 31

349 Local Government (b) that particulars of an interest recorded in a register kept under 1 subsection (1) about the employee or a related person are no 2 longer correct; 3 the employee must tell the chief executive officer of the interest, or the 4 correct particulars, within the time prescribed by regulation. 5 Maximum penalty--85 penalty units. 6 (6) In this section-- 7 "employee" of a local government includes a person who contracts with the 8 local government to provide services to it. 9 to register of interests 10 Access 714.(1) A register kept by the mayor or chief executive officer (the 11 "keeper of the register") of a local government is not open to inspection 12 other than by-- 13 (a) a councillor of the local government; or 14 (b) the chief executive officer; or 15 (c) a person permitted by law to have access to information in the 16 register, or the person's agent. 17 (2) A person seeking access to a register must apply in writing to the 18 keeper of the register. 19 (3) The keeper of the register must record-- 20 (a) the name and home or business address of each person given 21 access to the register; and 22 (b) the day the access is given. 23 (4) The keeper of the register must advise-- 24 (a) if the keeper of the register is the mayor--the chief executive 25 officer of any access given to the chief executive officer's register 26 and any register of a person who, under a regulation, is related to 27 the chief executive officer; and 28 (b) if the keeper of the register is the chief executive officer--an 29 employee of any access given to the employee's register and any 30 register of a person who, under a regulation, is related to the 31

350 Local Government employee. 1 (5) A person must not knowingly disclose information obtained from a 2 register to a person other than a person mentioned in subsection (1)(a), (b) 3 or (c). 4 Maximum penalty--85 penalty units. 5 on content of register 6 Queries 715.(1) A person who suspects on reasonable grounds that a register 7 does not contain particulars that should be in the register may inform the 8 keeper of the register. 9 (2) The keeper of the register must immediately inform the employee 10 concerned. 11 (3) The employee must, within 30 days of being informed-- 12 (a) if the register needs to be amended--give the keeper of the 13 register the appropriate particulars in writing; or 14 (b) if the register does not need to be amended-- 15 (i) complete a statutory declaration to the effect that the 16 particulars in the register are a true record of fact; and 17 (ii) give the statutory declaration to the keeper of the register. 18 Maximum penalty--85 penalty units. 19 (4) In this section-- 20 "employee" of a local government includes a person who contracts with the 21 local government to provide services to it. 22 of employee's interest in particular issues 23 Disclosure 716.(1) An employee of a local government who has a material personal 24 interest in an issue to be, or being, dealt with by the employee in the course 25 of the employee's duties-- 26 (a) must immediately inform the chief executive officer, in writing, 27 of the interest; and 28 (b) must not deal with, or further deal with, the issue except under the 29

351 Local Government chief executive officer's written directions. 1 Maximum penalty--35 penalty units. 2 (2) If the employee mentioned in subsection (1) is the chief executive 3 officer, the references in paragraphs (a) and (b) to the chief executive officer 4 are taken to be references to the mayor. 5 (3) In this section-- 6 "employee" of a local government includes a person who provides services 7 to the local government under a contract. 8 conduct by local government employees 9 Improper 717.(1) A local government employee must not ask for or accept a fee or 10 another benefit (other than remuneration paid by the local government) for 11 doing something as a local government employee. 12 Maximum penalty--35 penalty units. 13 (2) A person who is or has been a local government employee must not 14 make improper use of information acquired as a local government 15 employee-- 16 (a) to gain, directly or indirectly, an advantage for the person or 17 someone else; or 18 (b) to cause harm to the local government. 19 Maximum penalty--35 penalty units. 20 (3) A local government employee must not wilfully destroy or damage 21 property or records of the local government. 22 Maximum penalty--35 penalty units. 23 (4) A person who is or has been a local government employee must not 24 release information the person knows, or should reasonably know, is 25 information that-- 26 (a) is confidential to the local government; and 27 (b) the local government wishes to keep confidential. 28 Maximum penalty--35 penalty units. 29 (5) In this section-- 30

352 Local Government "employee" of a local government includes a person who provides services 1 to the local government under a contract. 2 for local government employees 3 Indemnity 718.(1) A local government employee does not incur civil liability for an 4 act or omission done honestly and without negligence under this Act. 5 (2) A liability that would, apart from this section, attach to a local 6 government employee attaches instead to the local government. 7 ART 5--DISCIPLINARY ACTION 8 P on who may take disciplinary action 9 Limitations 719. Disciplinary action against an employee of a local government may 10 be taken only by the appointer of the employee. 11 disciplinary action may be taken 12 When 720. The appointer of a local government employee may take 13 disciplinary action against the employee if the appointer is satisfied the 14 employee-- 15 (a) has engaged in misconduct; or 16 (b) has been incompetent or neglected the employee's duty. 17 of disciplinary action 18 Types 721.(1) Disciplinary action against an employee of a local government 19 may be-- 20 (a) dismissal; or 21 (b) demotion; or 22 (c) a deduction from salary or wages of an amount of not more than 23 2 penalty units; or 24

353 Local Government (d) a written reprimand. 1 (2) Not later than 2 years after a local government takes disciplinary 2 action against an employee, it must destroy any record it has of the 3 disciplinary action taken. 4 from salary or wages 5 Deductions 722. If disciplinary action taken against a local government employee 6 consists of a deduction from the salary or wages of the employee, the local 7 government may make the deduction-- 8 (a) if no appeal is brought against the disciplinary action--once the 9 period for starting an appeal against the disciplinary action has 10 ended; or 11 (b) if an appeal is brought against the disciplinary action and the 12 decision on the appeal confirms the deduction or changes the 13 amount of the deduction--once notice of the decision is given to 14 the employee; or 15 (c) if an appeal is brought against the disciplinary action and the 16 decision on appeal changes the disciplinary action to a deduction 17 from the salary or wages of the employee--once notice of the 18 decision is given to the employee; or 19 (d) if an appeal is brought against the disciplinary action and the 20 appeal is discontinued or struck out--once the appeal is 21 discontinued or struck out. 22 of employees 23 Suspension 723.(1) If it appears on reasonable grounds to the appointer of a local 24 government employee that the employee is liable to disciplinary action 25 under section 720 (When disciplinary action may be taken), the appointer 26 may suspend the employee from duty. 27 (2) If disciplinary action is not taken against an employee who is 28 suspended from duty within 14 days after the suspension happens, the 29 suspension stops. 30 (3) Suspension of an employee from duty does not affect-- 31

354 Local Government (a) the continuity of the employee's service in employment with the 1 local government; and 2 (b) the entitlements previously accrued to the employee from 3 employment with the local government; or 4 (c) the accrual of entitlements to the employee during the period of 5 suspension. 6 (4) A suspended employee must be paid the employee's full 7 remuneration as at the start of the suspension for the period of suspension 8 if-- 9 (a) the disciplinary action taken against the employee is other than 10 dismissal; or 11 (b) if the disciplinary action taken against the employee is 12 dismissal--on an appeal under any Act, an order is made for the 13 employee's reinstatement or re-employment; or 14 (c) no disciplinary action is taken against the employee. 15 (5) A suspended employee must not be paid remuneration while the 16 suspension is in force. 17 to be given notice of grounds for disciplinary action 18 Employee 724.(1) A local government employee against whom disciplinary action 19 is taken must, when the employee is given notice of the disciplinary action 20 taken, be given written notice of-- 21 (a) the grounds on which the action is taken; and 22 (b) the particulars of conduct claimed to support the grounds. 23 (2) The grounds and particulars are taken to be the only grounds and 24 particulars for the disciplinary action taken, and no other ground or 25 particular of conduct can be advanced in any proceeding to support the 26 disciplinary action. 27 PART 6--APPEALS ABOUT DISCIPLINARY ACTION 28

355 Local Government against disciplinary action 1 Appeal 725.(1) A local government employee who is dissatisfied disciplinary 2 action taken against the employee may appeal to an appeal tribunal. 3 (2) However, an employee may not appeal to an appeal tribunal if the 4 disciplinary action taken against the employee is dismissal. 5 (3) This section does not prevent an employee from seeking relief against 6 a dismissal under the Industrial Relations Act 1990. 7 of appeal tribunal 8 Formation 726. An appeal tribunal for this Part is formed by a person, appointed by 9 the Minister, who is independent of the local government and the employee. 10 of appeal tribunals 11 Secretary 727.(1) The chief executive of the department is the secretary of each 12 appeal tribunal formed under this Part. 13 (2) A regulation may provide for-- 14 (a) how the chief executive is to help appeal tribunals to operate; and 15 (b) how the chief executive is to advise parties of the results of 16 appeals; and 17 (c) certification by the chief executive of amounts payable by persons 18 under this Part; and 19 (d) the use of the certificates in proceedings for the recovery of the 20 amounts. 21 of tribunal 22 Expenses 728.(1) A person forming an appeal tribunal is entitled to be paid the 23 salary, fees and allowances decided by the Governor in Council. 24 (2) A local government whose employee appeals under this Part to an 25 appeal tribunal must meet-- 26 (a) all expenses properly incurred by the appeal tribunal (including 27 salaries, fees and allowances payable to the person forming the 28

356 Local Government appeal tribunal); and 1 (b) the cost to the department of providing the services of a secretary 2 and other necessary administrative services to the appeal tribunal. 3 of appeal 4 Grounds 729. An appeal to an appeal tribunal may be brought on 1 or more of the 5 following grounds-- 6 (a) there has been a failure to comply with procedures required by 7 law for taking disciplinary action against the appellant; 8 (b) the appellant is innocent of the matter claimed as grounds for the 9 disciplinary action; 10 (c) the grounds for the disciplinary action are unreasonable or 11 insufficient; 12 (d) the disciplinary action taken is excessive. 13 open to appeal tribunal 14 Decisions 730.(1) On an appeal the appeal tribunal may-- 15 (a) if the appeal is against demotion--allow the appeal and order 16 reinstatement of the appellant in the position held by the appellant 17 immediately before demotion, without loss of service; or 18 (b) allow the appeal, set aside the disciplinary action taken and order 19 the taking of the disciplinary action that, in the tribunal's opinion, 20 should be taken against the appellant; or 21 (c) if the appeal is against disciplinary action other than 22 demotion--allow the appeal and set aside the disciplinary action 23 taken; or 24 (d) dismiss the appeal and confirm the disciplinary action taken. 25 (2) If an appeal tribunal is satisfied that an appellant was not given 26 written notice under section 724 (Employee to be given notice of grounds 27 for disciplinary action), the tribunal must allow the appeal and order that the 28 appellant be restored, in all respects, to a position no less favourable than the 29 appellant would have been in if the disciplinary action had not been taken. 30

357 Local Government (3) In assessing whether disciplinary action is excessive, an appeal 1 tribunal may have regard to the appellant's employment record. 2 of appeal tribunal 3 Duties 731. In hearing an appeal, the appeal tribunal-- 4 (a) must observe natural justice; and 5 (b) must act as quickly, and with as little formality and technicality, 6 as is consistent with a fair and proper consideration of the issues. 7 to start an appeal 8 How 732.(1) An appeal is started by-- 9 (a) filing a written notice of appeal with the chief executive of the 10 department; and 11 (b) giving a copy of the notice to the local government. 12 (2) The notice of appeal must be filed within 1 month after the employee 13 is given notice of the disciplinary action taken. 14 (3) However, if an appeal is filed late-- 15 (a) the Minister still must appoint a person to form an appeal tribunal 16 for the appeal; and 17 (b) whether or not the appeal is heard is in the discretion of the appeal 18 tribunal. 19 (4) The notice of appeal must state the grounds of appeal. 20 tribunal may decide procedures 21 Appeal 733.(1) The appeal tribunal-- 22 (a) is not bound by the rules of evidence; and 23 (b) may inform itself in any way it considers appropriate; and 24 (c) may decide the procedures to be followed before the appeal starts, 25 and in the appeal. 26 (2) However, the appeal tribunal must comply with this Part and any 27

358 Local Government procedural rules prescribed by regulation. 1 hearing of appeals 2 Preliminary 734.(1) Without limiting section 733(1)(c) (Appeal tribunal may decide 3 procedures), the appeal tribunal may conduct a preliminary hearing of an 4 appeal to decide interlocutory and other preliminary matters. 5 (2) In a preliminary hearing, the appeal tribunal may-- 6 (a) make orders for the conduct of the appeal; or 7 (b) require parties to make discovery or permit inspection of 8 evidentiary material; or 9 (c) require parties to file pleadings; or 10 (d) give a party leave to be represented by counsel or a solicitor; or 11 (e) strike out the appeal because it is frivolous or vexatious. 12 tribunal's powers 13 Appeal 735. In hearing an appeal, the appeal tribunal may-- 14 (a) act in the absence of a person who has been given reasonable 15 notice; and 16 (b) receive evidence on oath or by statutory declaration; and 17 (c) adjourn the appeal; and 18 (d) permit a document to be amended; and 19 (e) disregard any defect, error, omission or insufficiency in a 20 document; and 21 (f) give a party leave to be represented by counsel or a solicitor. 22 of appeal 23 Prosecution 736.(1) An appeal must be prosecuted diligently. 24 (2) An appeal tribunal may strike out an appeal if it considers the 25 appellant is not prosecuting the appeal diligently. 26

359 Local Government (3) An appeal may be discontinued by the appellant by written notice 1 given to the appeal tribunal and to the respondent. 2 to witness 3 Notice 737.(1) The person forming the appeal tribunal may, by written notice 4 given to a person, require the person to attend an appeal at a specified time 5 and place to give evidence or produce specified documents. 6 (2) A person required to appear as a witness before an appeal tribunal is 7 entitled to the witness fees prescribed by regulation or, if no witness fees are 8 prescribed, the reasonable witness fees decided by the appeal tribunal. 9 (3) Fees to which a witness is entitled under subsection (2) must be paid 10 to the witness-- 11 (a) if the witness is called by the appellant to give evidence--by the 12 appellant; and 13 (b) if the witness is not called by the appellant--by the local 14 government. 15 of witness at appeal 16 Duty 738.(1) A person appearing as a witness at an appeal must not-- 17 (a) fail to take an oath or make an affirmation when required by the 18 appeal tribunal; or 19 (b) fail, without reasonable excuse, to answer a question the person is 20 required to answer by the appeal tribunal; or 21 (c) fail, without reasonable excuse, to produce a document the person 22 is required to produce by a notice under section 737(1) (Notice to 23 witness). 24 Maximum penalty--35 penalty units. 25 (2) It is a reasonable excuse for a person to fail to answer a question or 26 produce a document if answering the question or producing the document 27 might tend to incriminate the person. 28

360 Local Government for attending an appeal 1 Leave 739.(1) A local government must give leave of absence on full pay to an 2 employee who-- 3 (a) gives evidence at an appeal; or 4 (b) is the agent of the appellant at an appeal. 5 (2) The leave of absence must be for the period reasonably necessary for 6 attending the appeal. 7 of appeal tribunal 8 Contempt 740. A person must not-- 9 (a) insult the person forming the appeal tribunal in an appeal; or 10 (b) deliberately interrupt an appeal; or 11 (c) create or continue, or join in creating or continuing, a disturbance 12 in or near a place where the appeal tribunal is conducting an 13 appeal; or 14 (d) do anything that would be a contempt of court if the person 15 forming the appeal tribunal were a Judge acting judicially. 16 Maximum penalty--50 penalty units. 17 of person forming appeal tribunal 18 Change 741. An appeal is not affected by a change in the person forming the 19 appeal tribunal. 20 of appeal 21 Costs 742.(1) An appeal tribunal may make an order for payment of costs of 22 an appeal as it considers just. 23 (2) Unless an appeal tribunal's order states otherwise, costs of a 24 proceeding on an appeal are on the scale that applies to taxation of costs in 25 the District Court. 26 (3) In making an order for payment of costs, an appeal tribunal may 27 order-- 28

361 Local Government (a) the local government to reimburse the appellant for some or all of 1 the amounts payable by the appellant under section 737(3) 2 (Notice to witness); or 3 (b) the appellant to reimburse the local government concerned for 4 some or all of the amounts payable by the local government 5 under-- 6 (i) section 737(3); or 7 (ii) if the appeal tribunal, having heard the evidence in the 8 appeal, considers that the appeal was vexatious or 9 frivolous--section 728(2) (Expenses of tribunal). 10 on orders of appeal tribunal 11 Recovery 743.(1) An order of an appeal tribunal for payment of costs must be in 12 written form and a copy of the order must be given to-- 13 (a) the appellant; and 14 (b) the local government. 15 (2) A document purporting to be a copy of an order of an appeal tribunal 16 for payment of a stated amount of costs may be filed in the registry of a 17 court having jurisdiction in an action for debt in the amount stated in the 18 order, and enforced as an order of the court. 19 (3) If an order of an appeal tribunal for payment of costs does not state 20 the amount to be paid, the costs payable may be recovered by action in a 21 court of competent jurisdiction as a debt payable by the person by whom 22 the costs are ordered to be paid, to the person to whose benefit the order 23 was made. 24 HAPTER 13--GENERAL 25 C PART 1--LOCAL GOVERNMENT ASSOCIATION 26

362 Local Government of corporation 1 Establishment 744.(1) The Local Government Association of Queensland 2 (Incorporated) is established under this Act. 3 (2) The Local Government Association-- 4 (a) is a body corporate with perpetual succession; and 5 (b) has a common seal; and 6 (c) may sue and be sued in its name. 7 (3) The Local Government Association has, in the performance of its 8 objects and functions, all the powers of an individual. 9 (4) It may, for example-- 10 (a) enter into contracts; and 11 (b) acquire, hold, deal with and dispose of property. 12 (5) Judicial notice must be taken of the imprint of the Local Government 13 Association's seal appearing on a document and the document must be 14 presumed to have been properly sealed unless the contrary is established. 15 16 Rules 745.(1) The Local Government Association may, by resolution, make 17 rules with respect to-- 18 (a) all matters necessary or convenient for the management of the 19 Association; and 20 (b) payment to the Association by each local government that is a 21 member of annual subscriptions and of levies fixed by an entity 22 specified under the rule. 23 (2) A rule is not subordinate legislation. 24 (3) A rule has effect only if approved by the Governor in Council. 25 (4) If the Local Government Association makes a rule, it must give to the 26 Minister a copy of its resolution making the rule and a statement of the 27 reasons for the rule. 28 (5) If the Governor in Council approves the rule, notice of the approval 29 and of the rule must be published in the Gazette. 30

363 Local Government of common interest 1 Litigation 746.(1) A local government may contribute to the Local Government 2 Association amounts towards expenses of litigation for matters of common 3 interest to local governments. 4 (2) The Local Government Association may pay amounts towards 5 expenses of litigation for matters of common interest to local governments. 6 payments by local governments are payable 7 When 747.(1) An amount payable for any purpose to the Local Government 8 Association by a local government is payable within 30 days after a written 9 notice signed by the executive director of the Association specifying the 10 amount payable is given to the chief executive officer of the local 11 government. 12 (2) An unpaid amount is a debt payable by the local government to the 13 Local Government Association. 14 15 Accounts 748. The Local Government Association must keep-- 16 (a) full and accurate accounts of all amounts received or paid by it; 17 and 18 (b) an accurate record of the purposes for which the amounts have 19 been received or paid. 20 balance and audit 21 Annual 749.(1) In each financial year, the Local Government Association must 22 prepare an annual account as at the date fixed under its rules. 23 (2) The annual account must-- 24 (a) be prepared as soon as practicable after the date mentioned in 25 subsection (1); and 26 (b) show a true statement of the Local Government Association's 27 receipts and payments during the previous year; and 28 (c) show the balance of the account. 29

364 Local Government ART 2--MISCELLANEOUS 1 P by Minister 2 Delegation 750. The Minister may delegate the Minister's powers under this Act or 3 another local government Act to an officer of the department. 4 by chief executive of department 5 Delegation 751. The chief executive of the department may delegate the chief 6 executive's powers under this Act or another local government Act to an 7 officer of the department. 8 making power 9 Regulation 752. The Governor in Council may make regulations under this Act. 10 CHAPTER 14--TRANSITIONAL AND SAVINGS 11 PROVISIONS, REPEALS AND AMENDMENTS 12 ART 1--TRANSITIONAL AND SAVINGS 13 P PROVISIONS 14 1--Preliminary 15 Division 16 Definitions 753. In this Part-- 17 "pre-existing law" means-- 18 (a) a by-law or ordinance, made by a local government, as in force 19 immediately before the commencement of Chapter 8 (Local laws 20 and local law policies); or 21

365 Local Government (b) a by-law or ordinance made under section 777 (Status of 1 proposed laws); 2 "repealed Local Government Act" means the Local Government Act 3 1936 as in force immediately before it was repealed; 4 "unamended City of Brisbane Act" means the City of Brisbane Act 1924 5 as in force immediately before it was amended by this Act. 6 to "commencement day" 7 References 754. In this Part, a reference in a provision to the "commencement day" 8 is a reference to the day the provision commences. 9 to local authority etc. 10 References 755.(1) A reference in an Act or document-- 11 (a) to a local authority is a reference to a local government; and 12 (b) to the area of a local authority is a reference to the basic territorial 13 unit of a local government, and includes a reference to the joint 14 local government area of a joint local government; and 15 (c) to a joint local authority board, joint local authority or joint board 16 is a reference to a joint local government; and 17 (d) to the area of a joint local authority board, joint local authority or 18 joint board is a reference to the joint local government area of a 19 joint local government; and 20 (e) to the chairman or chairperson of a local authority is a reference to 21 the mayor of a local government, and includes a reference to the 22 president of a joint local government; and 23 (f) to the deputy chairman or deputy chairperson of a local authority 24 is a reference to the deputy mayor of a local government, and 25 includes a reference to a deputy president of a joint local 26 government; and 27 (g) to the president, chairman or chairperson of a joint local authority 28 board, joint local authority or joint board is a reference to the 29 president of a joint local government; and 30

366 Local Government (h) to the deputy president, deputy chairman or deputy chairperson of 1 a joint local authority board, joint local authority or joint board is a 2 reference to the deputy president of a joint local government; and 3 (i) to an alderman, councillor or member of a local authority is a 4 reference to a councillor of a local government, and includes a 5 reference to a member of a joint local government; and 6 (j) to the town clerk, shire clerk or clerk of a local authority (other 7 than the Brisbane City Council) is a reference to the chief 8 executive officer of a local government, and includes a reference 9 to the chief executive officer of a joint local government; and 10 (k) to the clerk of a joint local authority board, joint local authority or 11 joint board is a reference to the chief executive officer of a joint 12 local government; and 13 (l) to a by-law or ordinance of a local government is a reference to a 14 local law; and 15 (m) to any fund (other than the trust fund) of a local authority (other 16 than the Brisbane City Council) is a reference to the operating 17 fund of a local government; and 18 (n) to the Director of Local Government is a reference to the chief 19 executive of the department. 20 (2) Subsection (1) does not affect the application of section 14H 21 (References taken to be included in citation of law) of the Acts 22 Interpretation Act 1954. 23 (3) The application of subsection (1) to a reference is not displaced, 24 wholly or partly, merely because the reference is accompanied by a 25 reference-- 26 (a) to the Local Government Act 1936, or a provision of that Act, as 27 amended from time to time as in force at a particular time; or 28 (b) to a particular time. 29 2--The local government system 30 Division

367 Local Government of local government entities 1 Saving 756.(1) On the commencement day-- 2 (a) a local authority under the repealed Local Government Act 3 becomes a local government with the name given under this Act; 4 and 5 (b) a joint local authority board under the repealed Local Government 6 Act becomes a joint local government under this Act; and 7 (c) an administrator of a local authority under the repealed Local 8 Government Act becomes an administrator of a local government 9 appointed under this Act with the name given by this Act; or 10 (d) for a local government--affects its composition; or 11 (e) for a joint local authority board--affect its name, jurisdiction or 12 composition. 13 (2) The operation of this section on an entity does not-- 14 (a) affect the legal personality or identity of the entity; or 15 (b) affect a right or obligation of the entity or anyone else; or 16 (c) make a proceeding by or against the entity defective. 17 (3) If a proceeding might have been continued or started by or against the 18 entity under its former name, it may be continued or started by or against it 19 under its new name. 20 (4) The operation of this section on an entity-- 21 (a) does not place the entity in breach of contract or otherwise make 22 the entity guilty of a civil wrong; and 23 (b) does not make the entity in breach of any instrument, including an 24 instrument prohibiting, restricting or regulating the assignment or 25 transfer of any right or liability; and 26 (c) is not taken to satisfy a condition-- 27 (i) allowing a person to terminate an instrument or obligation or 28 change the operation or effect of an instrument or obligation; 29 or 30 (ii) requiring any amount to be paid before its stated maturity; 31 and 32

368 Local Government (d) does not release a surety or other obligee (in whole or part) from 1 an obligation. 2 (5) No fee is payable for recording in relation to an interest in land the 3 change of an entity's name under this section by the registrar of titles. 4 (6) Stamp duty is not payable on an instrument used for the purpose of 5 having the registrar of titles record the change of an entity's name. 6 of local government areas 7 Saving 757. On the commencement day, an area under the repealed Local 8 Government Act becomes a local government area with the same name and 9 class. 10 of divisions 11 Saving 758.(1) If an area under the repealed Local Government Act is divided 12 under that Act for the purpose of electing members of the local authority of 13 the area, then, on the commencement day, the division, and the assignment 14 of a number of members to each division, take effect as if they had been 15 made under this Act. 16 (2) If an area under the repealed Local Government Act is divided under 17 that Act for financial purposes, the area remains divided for those purposes 18 until 30 June 1994. 19 of Joint Local Authority Board areas 20 Saving 759. On the commencement day, an area under the repealed Local 21 Government Act of a Joint Local Authority Board becomes a joint local 22 government area with the same name. 23 of local government areas etc. 24 Declaration 760.(1) A regulation may be made under section 752 (Regulation 25 making power) declaring every local government and its area, class, 26 composition, divisions, and assignment of members to each division. 27 (2) A regulation may also be made declaring every joint local 28 government and its area, name, jurisdiction and composition. 29

369 Local Government (3) Chapter 3 (Interaction with the State), Part 1 (Review of local 1 government matters) does not apply to a regulation under this section. 2 of Division 3 Expiry 761.(1) This Division expires 1 year after it commences. 4 (2) However, the expiry of this Division does not affect a regulation 5 made for the purposes of section 760 (Declaration of local government 6 areas etc.) 7 3--Interaction with the State 8 Division A--Review of local government matters 9 Subdivision of existing appointment of Local Government Commissioner 10 Saving 762. If, immediately before the commencement day, there is a person 11 appointed as Local Government Commissioner, then, on the 12 commencement day, the person is taken to be appointed as Local 13 Government Commissioner for the remainder of the period for which the 14 person was originally appointed. 15 of action taken in review of local government matters 16 Saving 763.(1) If-- 17 (a) an action in the review process has, before the commencement 18 day, happened under the repealed Local Government Act in 19 relation to a local government matter; and 20 (b) the local government matter has not been fully implemented 21 before the commencement day; 22 the action is taken to have happened under this Act. 23 (2) In this section-- 24 "action in the review process" means-- 25 (a) the Minister has referred a local government matter to the 26

370 Local Government Commissioner; or 1 (b) the Commissioner has asked the Minister to refer a reviewable 2 local government matter to the Commissioner; or 3 (c) the Commissioner has given public notice of a proposed 4 recommendation; or 5 (d) the Commissioner has received submissions about a proposed 6 recommendation; or 7 (e) the Commissioner has reported to the Minister on a reference of a 8 local government matter; or 9 (f) the Commissioner has published notice of an inquiry; or 10 (g) the Commissioner has started an inquiry for a reference that deals 11 with a reviewable local government matter; or 12 (h) the Commissioner has given notice to a person to attend at an 13 inquiry; or 14 (i) anything else has been done, or omitted to be done, under the 15 repealed Local Government Act by the Commissioner or anyone 16 else in relation to the review of a local government matter. 17 of Commissioner's recommendations 18 Validation 764. If-- 19 (a) the Commissioner has, under the Local Government Act 1936, 20 made a recommendation to the Minister on a local government 21 matter; and 22 (b) the local government matter has not been fully implemented 23 before the commencement of this section; and 24 (c) the recommendation would be valid if it were made under this 25 Act; 26 the recommendation is taken to have been validly made. 27 about a reviewable local government matter 28 Regulation 765.(1) A regulation may be made under the Local Government Act 29

371 Local Government 1936 with respect to any of the following matters-- 1 (a) a recommendation about a matter to which section 764 2 (Validation of Commissioner's recommendations) applies; 3 (b) the cancellation of the 1994 triennial election for a local 4 government because of the implementation of a reviewable local 5 government matter; 6 (c) a matter prescribed by regulation under this Act. 7 (2) If the regulation directs that a fresh election be held for the 8 implementation of a reviewable local government matter, the election must 9 be held under Chapter 5 (Local government elections) with all necessary 10 changes and any changes prescribed by the regulation as if the election were 11 a triennial election. 12 Example-- 13 14 The voters roll is to close on the day the roll closes for the 1994 triennial 15 elections. of regulations implementing reviewable local government 16 Saving matters 17 766. A regulation made under the repealed Local Government Act 18 implementing a reviewable local government matter and in force 19 immediately before the commencement day continues in force after that day 20 and is taken to have been made under this Act. 21 B--Local Government Grants Commission 22 Subdivision of existing appointments to Commission 23 Saving 767. If, immediately before the commencement day, there is a person 24 appointed as a member (including as chairperson), or as a deputy of a 25 member, of the Local Government Grants Commission under the Local 26 Government Grants Commission Act 1976 (the "repealed Act"), then, on 27 the commencement day, the person is taken to be appointed as a member 28 (including as chairperson), or as a person to act in the office of a member, 29 for the remainder of the period for which the person was last appointed 30 under the repealed Act. 31

372 Local Government C--Expiry 1 Subdivision of Division 2 Expiry 768. This Division expires 1 year after this section commences. 3 4--Local government councillors 4 Division of earlier resolutions 5 Application 769.(1) A resolution of the type mentioned in section 185(1) 6 (Remuneration for service on local government and advisory committees) 7 that is in force immediately before the commencement day continues to 8 have effect for 6 months after the commencement day, even though it may 9 not comply with section 185(2) to (4). 10 (2) The resolution expires 6 months after the commencement day. 11 (3) This Division expires 7 months after the commencement day. 12 Division 5--Local government elections 13 Government Act 1936 not to apply to 1994 triennial elections 14 Local 770. The Local Government Act 1936 does not apply to the 15 1994 triennial elections. 16 to local government etc. for purposes of 1994 triennial 17 References elections 18 771.(1) For the purposes of the application of this Act to the 19 1994 triennial elections, a reference in this Act to-- 20 (a) a local government is a reference to a local authority; and 21 (b) a local government area is a reference to an area under the 22 repealed Local Government Act; and 23 (c) the mayor of a local government is a reference to the chairperson 24 of a local authority; and 25

373 Local Government (d) the deputy mayor of a local government is a reference to the 1 deputy chairperson of a local authority; and 2 (e) a councillor of a local government is a reference to an alderman, 3 councillor or member of a local authority; and 4 (f) the chief executive officer of a local government is a reference to 5 the town clerk, shire clerk or clerk of a local authority. 6 (2) A direction in force under rule 26 of Schedule 3 to the Local 7 Government Act 1936 immediately before the commencement day has 8 effect for the 1994 triennial elections as if it were made under section 264 9 (Direction that poll be conducted by postal ballot). 10 (3) This Act applies to the 1994 triennial election with any changes 11 prescribed by regulation. 12 of Division 13 Expiry 772. This Division expires 1 year after it commences. 14 Division 6--Financial operation and accountability 15 and operational plans 16 Corporate 773.(1) Despite Chapter 7 (Financial operation and accountability of local 17 governments), Part 2 (Corporate and operational plans), a local government 18 is not required to prepare and adopt a corporate or operational plan for-- 19 (a) the financial year ending 30 June 1994; or 20 (b) the financial year ending 30 June 1995. 21 (2) This section expires on 30 June 1995. 22 reports 23 Annual 774.(1) Despite Chapter 7 (Financial operation and accountability of local 24 governments), Part 8 (Annual report), a local government is not required to 25 prepare an annual report for the financial year ending 30 June 1994. 26 (2) This section expires on 30 June 1994. 27

374 Local Government of sinking fund for liquidation of current borrowings 1 Administration 775.(1) The corporation continued in existence by section 28(15) of the 2 repealed Local Government Act under the name `Trustees of the Local 3 Authorities Debt Redemption Fund' (the "Trustees") is continued in 4 existence under the name `Trustees of the Local Governments Debt 5 Redemption Fund'. 6 (2) Its function is to administer sinking funds for the liquidation of 7 amounts borrowed by local governments before the commencement day. 8 (3) Section 28(15) of the repealed Local Government Act continues to 9 apply to the Trustees with any necessary changes and any changes 10 prescribed by regulation. 11 7--Local laws and local law policies 12 Division to Brisbane City Council 13 Application 776. This Division applies to the Brisbane City Council. 14 of pre-existing laws 15 Status 777. A by-law or ordinance, made by a local government, as in force 16 immediately before the commencement of Chapter 8 (Local laws and local 17 law policies) is a local law (a "pre-existing law"). 18 of proposed laws 19 Status 778.(1) If a notice under section 31(27)(iii) of the repealed Local 20 Government Act has been published about a proposed by-law before the 21 commencement of Chapter 8 (Local laws and local law policies), the 22 process stated in section 31 of the repealed Local Government Act may be 23 used to make the by-law. 24 (2) If a notice under section 38(4) of the unamended City of Brisbane 25 Act has been published about a proposed ordinance before the 26 commencement of Chapter 8, the process stated in section 38 of the 27 unamended City of Brisbane Act may be used to make the ordinance. 28 (3) A by-law or ordinance made under this section is a local law (a 29

375 Local Government "pre-existing law"). 1 of pre-existing law 2 Review 779.(1) A local government must review its pre-existing laws to identify 3 any provision of a pre-existing law that serves no useful purpose (a 4 "redundant provision"). 5 (2) After reviewing a pre-existing law, the local government must, by 6 resolution, decide whether the pre-existing law contains any redundant 7 provisions. 8 (3) On the day of its decision (or as soon as practicable after that day), 9 the local government must advise the Minister of its decision. 10 (4) If the local government decides the pre-existing law does not contain 11 any redundant provisions, a notice about the review must be published in 12 the Gazette stating the following-- 13 (a) the name of the local government; 14 (b) the name of the pre-existing law reviewed; 15 (c) that the pre-existing law was reviewed by it to identify any 16 provision that serves no useful purpose but no provision was 17 identified; 18 (d) the date of the local government's resolution about the review. 19 (5) If the local government decides the pre-existing law contains a 20 redundant provision, it must, by resolution, make a local law repealing the 21 identified provision. 22 (6) A notice of the making of the local law must be published in the 23 Gazette stating-- 24 (a) the name of the local government making the local law; and 25 (b) the name of the local law; 26 (7) The notice may also state the following-- 27 (a) the date of the local government's resolution making the local 28 law; 29 (b) the name of the pre-existing law reviewed; 30

376 Local Government (c) that the pre-existing law was reviewed by it to identify any 1 provision that serves no useful purpose; 2 (d) what provision of the pre-existing law was identified and 3 repealed; 4 (e) that a certified copy of the local law is open to inspection at the 5 local government's public office and at the department's State 6 office. 7 (8) The local government's chief executive officer must certify the 8 required number of copies of the local law to be the local law as made by 9 the local government. 10 (9) On the day of notification about the review or the making of the law 11 (or as soon as practicable after that day), the local government must give the 12 Minister-- 13 (a) a copy of the notice; and 14 (b) if a law is made--the required number of certified copies of the 15 local law. 16 (10) Chapter 8 (Local laws and local law policies), Part 2 (Making local 17 laws and policies) does not apply to a local law made under this section. 18 if no review of pre-existing law 19 Repeal 780. A pre-existing law for which a notice is not published under section 20 778 (Review of pre-existing laws) within 3 years of the commencement of 21 Chapter 8 (Local laws and local law policies) expires at the end of that 22 period. 23 of Division 24 Expiry 781. This Division expires 3 years after it commences. 25 Division 8--Local government infrastructure 26

377 Local Government of roads 1 Realignment 782.(1) This section applies if, under the repealed Local Government 2 Act, a local government has served a notice for the realignment of a road on 3 the owner of land. 4 (2) The repealed Local Government Act continues to apply to-- 5 (a) the realignment; and 6 (b) a claim for, and the assessment of, compensation because of the 7 realignment. 8 (3) This section applies to the Brisbane City Council. 9 pedestrian malls 10 Existing 783. Pedestrian malls established under the repealed Local Government 11 Act are taken to have been established under Chapter 9 (Local government 12 infrastructure), Part 2 (Malls). 13 and bathing reserves 14 Foreshores 784.(1) A statutory rule made under section 45 or 45A of the repealed 15 Local Government Act and in force immediately before the commencement 16 of section 531 (Management and regulation of bathing reserves) or 17 section 532 (Control of foreshore) of this Act, continues in force after the 18 commencement and is taken to be a Gazette notice made under section 531 19 or 532, as the case requires. 20 (2) This section applies to the Brisbane City Council. 21 for levee banks 22 Permission 785. A permission given under the repealed Local Government Act for 23 the construction or maintenance of a levee bank is taken to be a permission 24 given under this Act. 25 of Division 26 Expiry 786. This Division expires 1 year after it commences. 27

378 Local Government Division 9--Rates and charges 1 of rates and charges 2 Saving 787.(1) If-- 3 (a) a local government has, before the commencement day, made or 4 levied a rate under the repealed Local Government Act; and 5 (b) the rate has not been fully paid; 6 the rate is taken to have been made or levied under this Act. 7 (2) If a local government has, before the commencement day, fixed a 8 charge for services or facilities provided by it, the charge is taken to have 9 been fixed under this Act. 10 of categorisation of land for rating purposes etc. 11 Saving 788.(1) If, before the commencement day and under the repealed Local 12 Government Act, a local government has-- 13 (a) categorised land in its area for the purpose of making and levying 14 rates; or 15 (b) decided on categories for the land; or 16 (c) adopted criteria for categorising the land; or 17 (d) done, or omitted to do, anything else in relation to the 18 categorisation of land that could be done under this Act; 19 the categorisation or other action is taken to have happened under this Act. 20 (2) Anything done, or omitted to be done, under the repealed Local 21 Government Act by anyone else in relation to the categorisation of land 22 (including, for example, any objection made to, or any appeal started 23 against, the categorisation of land) is taken to have been done, or omitted to 24 be done, under this Act. 25 (3) This Act applies to an act or omission mentioned in subsection (2) 26 with any necessary changes and any changes prescribed by regulation. 27

379 Local Government of averaged land values for rating purposes 1 Saving 789.(1) This section applies if, before the commencement day and under 2 the Local Government (Averaging of Valuations) Act 1991, a local 3 government has decided by resolution that, for the purpose of making and 4 levying rates for the financial year ending 30 June 1994, the rateable value 5 of each parcel of rateable land in its area is to be the land's averaged rateable 6 value within the meaning given by that Act. 7 (2) The resolution has effect as if it were made under section 555 (Local 8 government may decide to average land values for rating purposes). 9 (3) This section applies to the Brisbane City Council. 10 of proceedings to recover overdue rates 11 Saving 790.(1) This section applies if a local government has, before the 12 commencement day and under the repealed Local Government Act, started 13 a proceeding to recover an overdue rate. 14 (2) If, on the commencement day, the proceeding is not finished, it may 15 be continued under the repealed Act. 16 (3) If, on the commencement day, the proceeding is finished but an order 17 or judgment made in the proceeding is unsatisfied, the order or judgment 18 may be satisfied under the repealed Act. 19 (4) This section applies to the Brisbane City Council. 20 of action to sell or acquire land for overdue rates 21 Saving 791.(1) If-- 22 (a) a local government has, before the commencement day and under 23 the repealed Local Government Act, taken action to acquire or sell 24 land for unpaid rates; but 25 (b) has not yet acquired the land, or sold the land and applied the 26 proceeds under that Act; 27 the acquisition or sale may be completed under the repealed Act. 28 (2) This section applies to the Brisbane City Council. 29

380 Local Government of Division 1 Expiry 792. This Division expires 3 years after it commences. 2 Division 10--Provisions aiding the local government 3 concerning protected areas 4 References 793. Until Part 13 of the Nature Conservation Act 1992 commences, a 5 reference in section 655(1)(a)(i) (Taking materials from land) to a protected 6 area under that Act includes a reference to-- 7 (a) a National Park under the National Parks and Wildlife Act 1975; 8 and 9 (b) an environmental park under the Land Act 1962. 10 Division 11--Local government staff 11 clerk, shire clerk or clerk become chief executive officer 12 Town 794.(1) This section applies to a person who, immediately before the 13 commencement day, was the town clerk, shire clerk or clerk of a local 14 authority or Joint Local Authority Board under the repealed Local 15 Government Act. 16 (2) On the commencement day, the person becomes the chief executive 17 officer of the relevant local government or joint local government. 18 of position 19 Filling 795.(1) This section applies if, before the commencement day, 20 applications for filling a position in a local authority under the repealed 21 Local Government Act were sought by advertisement. 22 (2) The procedure for filling the position may be continued as if the 23 repealed Local Government Act were still in force and this Act had not 24 commenced. 25

381 Local Government suspended before commencement of this section 1 Employees 796.(1) This section applies to an employee of a local authority under the 2 repealed Local Government Act who, immediately before the 3 commencement day, was suspended from office. 4 (2) The employee may be dealt with as if the employee had been 5 suspended under this Act, except that the local government concerned must 6 either-- 7 (a) discontinue the disciplinary action against the employee; or 8 (b) dismiss the employee. 9 of provisions for appeal against dismissal 10 Continuation 797.(1) Despite the repeal of the Local Government Act 1936, 11 section 17B and Schedule 4 of the repealed Local Government Act continue 12 in force. 13 (2) In section 17B as continued in force by this section, a reference to 14 Schedule 4 is a reference to Schedule 4 of the repealed Local Government 15 Act as continued in force by this section. 16 (3) In Schedule 4 as continued in force by this section, a reference to 17 section 17B is a reference to section 17B of the repealed Local Government 18 Act as continued in force by this section. 19 (4) Section 755 (References to local authority etc.) applies to section 17B 20 and Schedule 4 of the repealed Local Government Act as continued in force 21 by this section as if the section and the Schedule were parts of an Act. 22 of Division 23 Expiry 798. This Division expires 2 years after it commences. 24 12--General 25 Division rules of Local Government Association 26 Existing 799. The rules of the Local Government Association in force 27 immediately before the commencement day are taken to have been made, 28

382 Local Government and approved by the Governor in Council, under this Act on that day. 1 regulations 2 Transitional 800.(1) A regulation may make provision with respect to any matter for 3 which-- 4 (a) it is necessary or convenient to assist the transition from the 5 operation of the repealed Local Government Act to the operation 6 of this Act; and 7 (b) this Act does not make provision or sufficient provision. 8 (2) A regulation under subsection (1) may be given retrospective 9 operation to a date not earlier than the date of assent. 10 (3) This section applies to the City of Brisbane. 11 of Division 12 Expiry 801. This Division expires on the day it commences. 13 PART 2--REPEALS 14 of Local Government Act 1936 15 Repeal 802. The following Acts are repealed-- 16 Local Government Act 1936 17 Local Government Act Amendment Act 1940 18 Local Government Acts Amendment Act 1941 19 Local Government Acts and Another Act Amendment Act 1942 20 Local Government Acts and Other Acts Amendment Act 1943 21 Local Government Acts and Another Act Amendment Act 1945 22 Local Government Acts Amendment Act 1946 23 Local Government Acts Amendment Act 1946 (No. 2) 24

383 Local Government Valuation of Lands Acts Amendment Act 1947 1 Local Government Acts Amendment Act 1947 2 Local Government Acts Amendment Act 1948 3 Local Government Acts Amendment Act 1948 (No. 2) 4 Local Government Acts Amendment Act 1949 5 Local Government Acts Amendment Act 1949 (No. 2) 6 Local Government Acts Amendment Act 1950 7 Local Government Acts and Another Act Amendment Act 1951 (No. 2) 8 City of Brisbane Acts Amendment Act 1952 9 Local Government Acts Amendment Act 1953 10 Local Government Acts Amendment Act 1954 11 Local Government Acts Amendment Act 1955 12 Local Government Acts Amendment Act 1956 13 Local Government Acts and Another Act Amendment Act 1957 14 Local Government Acts and Another Act Amendment Act 1958 15 Local Government Acts Amendment Act 1958 16 Local Government Acts Amendment Act 1958 (No. 2) 17 Local Government Acts Amendment Act 1959 18 Local Government Acts Amendment Act 1960 19 Local Government Acts Amendment Act 1961 20 Local Government Acts Amendment Act 1962 21 Local Government Acts Amendment Act 1963 22 Local Government Acts Amendment Act 1964 23 Local Government Acts Amendment Act 1965 24 Local Government Acts Amendment Act 1966 25 Local Government Acts Amendment Act 1967 26 Local Government Acts and Another Act Amendment Act 1967 27

384 Local Government Local Government Acts Amendment Act 1967 (No. 2) 1 Local Government Act Amendment Act 1968 2 Local Government Act Amendment Act 1969 3 Local Government Act and Another Act Amendment Act 1970 4 Local Government Act Amendment Act 1971 5 Local Government Act Amendment Act 1973 6 Local Government Act and Another Act Amendment Act 1973 7 Local Government Act Amendment Act 1974 8 Local Government Act Amendment Act 1975 9 Local Government Act Amendment Act 1975 (No. 2) 10 Local Government Act Amendment Act 1976 11 Local Government Act Amendment Act 1976 (No. 2) 12 Albert Shire Council Budget Adjustment Act 1976 13 Local Government Act Amendment Act 1977 14 Local Government Act Amendment Act 1978 15 Local Government Act Amendment Act 1978 (No. 2) 16 Local Government Act Amendment Act 1979 17 Local Government Act and Another Act Amendment Act 1979 18 Local Government Act and Another Act Amendment Act 1980 19 Local Government Act and Another Act Amendment Act 1981 20 Local Government Act Amendment Act 1982 21 Local Government Act Amendment Act 1983 22 Local Government Act Amendment Act 1984 23 Local Government Act and Another Act Amendment Act 1985 24 Local Government Act Amendment Act 1985 25 Local Government and City of Brisbane Town Planning Acts Amendment 26 Act 1985 27 Local Government Act and Another Act Amendment Act 1987 28

385 Local Government Local Government Act Amendment Act 1987 1 Local Government Act Amendment Act 1989 2 Stock Act and Local Government Act Amendment Act 1989 3 Local Government Acts Amendment Act 1990 4 Referendums Legislation Amendment Act 1990 5 Local Government Act and Other Acts Amendment Act 1990 6 Local Government Legislation Amendment Act 1991 7 Local Government (Swimming Pool Fencing) Amendment Act 1991 8 Local Government Legislation Amendment Act 1992 9 Local Government Legislation Amendment Act (No. 2) 1992 10 Local Government Legislation Amendment Act 1993 11 Local Government Legislation Amendment Act (No. 2) 1993. 12 of other Acts 13 Repeal 803.(1) The following Acts are repealed-- 14 Brisbane Tramway Trust Act 1922 15 City of Brisbane (Variation of Refuse Contracts) Act 1985 16 Heroes Avenue Trust Act 1987 17 Local Authorities Act 1901 18 Local Government (Averaging of Valuations) Act 1991 19 Local Government Grants Commission Act 1976 20 Local Government Grants Commission Act Amendment Act 1979 21 Local Government Grants Commission Act Amendment Act 1988 22 Local Government Grants Commission Act Amendment Act 1989 23 Local Government Grants Commission Amendment Act 1992 24 Local Government Grants Commission (Ratification of Actions) Act 1978 25 Local Government (Palm Beach Land) Act 1992 26

386 Local Government Local Government (Rateable Value Adjustment) Act 1981 1 Local Government (Validation of Application for Redland Shire Town 2 Planning Scheme) Act 1987 3 Local Government Validation of Powers Act 1938 4 New Farm Library Validation Act 1975 5 Nundah Library Validation Act 1975 6 Redland Shire Council (Clarification of Boundaries) Act 1990 7 Robertson Park Trust Variation Act 1991 8 Trust (Reserve 1030) Variation Act 1989. 9 (2) The Redland Shire Council (Clarification of Boundaries) Act 1990 is 10 a law to which section 20A of the Acts Interpretation Act 1954 applies. 11 (3) This section expires on the day on which it commences. 12 PART 3--AMENDMENTS 13 of Acts--Schedule 14 Amendment 804. An Act mentioned in the Schedule is amended as specified in the 15 Schedule. 16

387 Local Government CHEDULE 1 �S AMENDMENTS OF ACTS 2 section 804 3 CTS INTERPRETATION ACT 1954 4 �A 1. Section 36 (definition "local authority")-- 5 omit. 6 2. Section 36-- 7 ` "Aboriginal local government" means a body that has the function of 8 local government under the Community Services (Aborigines) Act 9 1984; 10 "additional territorial unit" of a local government (other than an 11 Aboriginal Torres Strait Islander or joint local government) means any 12 place outside its basic territorial unit that is put under its control or 13 acquired by it; 14 "area" of a local government means-- 15 (a) for an Aboriginal, Torres Strait Islander or joint local 16 government--its territorial unit; or 17 (b) for another local government--its basic territorial unit; 18 "basic territorial unit" of a local government (other than an Aboriginal, 19 Torres Strait Islander or joint local government) means its local 20 government area; 21 "joint local government" means a joint local government established 22 under the Local Government Act 1993; 23 "local government" means-- 24 (a) the Brisbane City Council; or 25

388 Local Government SCHEDULE (continued) (b) a local government or joint local government established under 1 the Local Government Act 1993; or 2 (c) an Aboriginal or Torres Strait Islander local government; 3 "local law" means a local law made by a local government, and includes a 4 by-law or ordinance made by a local government; 5 "local law policy" means a local law policy made by a local government; 6 "territorial unit" means-- 7 (a) for an Aboriginal or Torres Strait Islander local government--the 8 area for which it may exercise the functions of local government; 9 or 10 (b) for a joint local government--its joint local government area; or 11 (c) for another local government--its basic territorial unit and any 12 additional territorial units; 13 "Torres Strait Islander local government" means a body that has the 14 function of local government under the Community Services (Torres 15 Strait) Act 1984;'. 16 MBULANCE SERVICES ACT 1991 17 �A 1. Section 3.8-- 18 omit. 19 BUILDING ACT 1975 20 � 1. Long title-- 21 omit, insert-- 22 `An Act to authorise the making of standard laws for local 23 governments about the erection of buildings and other structures, 24 to provide for the powers of local governments in relation to 25

389 Local Government SCHEDULE (continued) certain buildings and other structures, and for other purposes'. 1 2. Sections 4 and 4A-- 2 omit `By-laws', insert `Law'. 3 3. Section 5 (definitions "area", "by-law", "chairperson" and 4 "Director")-- 5 omit. 6 4. Section 5-- 7 insert-- 8 ` "Director" means the chief executive of the department; 9 "interim development control provisions" has the meaning given by the 10 Local Government (Planning and Environment) Act 1990; 11 "planning application" means an application for-- 12 (a) the rezoning of land the subject of an application for approval-- 13 (i) to carry out building work to permit the use of the land; or 14 (ii) to erect or use buildings or other structures on the land; 15 for the purpose for which the application was made; or 16 (b) the approval, consent or permission of a local government to 17 permit the use of land the subject of an application for approval-- 18 (i) to carry out building work; or 19 (ii) to erect or use buildings or other structures on the land; 20 for the purpose for which the application was made; 21 "planning scheme" has the meaning given by the Local Government 22 (Planning and Environment) Act 1990; 23 "planning scheme area" has the meaning given by the Local Government 24 (Planning and Environment) Act 1990; 25

390 Local Government SCHEDULE (continued) "Standard Building Law" means the regulations in force under 1 section 6.'. 2 5. Section 5 (definition "building work")-- 3 omit words after `does not include', 4 insert `work declared by the Standard Building Law not to be building 5 work'. 6 6. Heading to Part 2-- 7 omit `BY-LAWS', insert `LAW'. 8 7. Section 6-- 9 omit, insert-- 10 `Standard Building Law 11 `6.(1) A regulation may make provision with respect to the carrying out 12 of building work. 13 `(2) The Standard Building Law-- 14 (a) applies to the areas of all local governments; and 15 (b) is to be administered by local governments; and 16 (c) except as provided in this Act--is a complete code for the 17 carrying out of the building work.'. 18 8. Section 12B-- 19 omit `By-Laws', insert `Law'. 20 9. Section 12B(1)-- 21 omit `those by-laws', insert `the Standard Building Law'. 22

391 Local Government SCHEDULE (continued) 10. Section 12B(2)-- 1 omit `the by-laws', insert `the Standard Building Law'. 2 11. Section 12B(4)(b)-- 3 omit `clerk of the local authority', insert `local government'. 4 12. Section 12D-- 5 omit `By-laws', insert `Law'. 6 13. Section 12D(a)-- 7 omit `they', insert `it'. 8 14. Section 12D(b)-- 9 omit `those by-laws are', insert `the Standard Building Law is'. 10 15. Section 14-- 11 insert-- 12 `(3) In this section-- 13 "by-law" of a local authority includes an ordinance of the Brisbane City 14 Council.'. 15 16. Section 16(1)(c)-- 16 omit. 17 17. Section 16(2)-- 18 omit `Department of Housing and Local Government or of any other 19 department of public service of the State', 20

392 Local Government SCHEDULE (continued) insert `public service'. 1 18. Sections 19B(2) and 27(c)-- 2 omit `By-laws', insert `Law'. 3 19. Section 30A(1)-- 4 omit `By-laws require', insert `Law requires'. 5 20. Section 30A(1) and (2)-- 6 omit `By-laws', insert `Law'. 7 21. Section 30B-- 8 omit `By-laws', insert `Law'. 9 22. Section 30B(1A)-- 10 omit `those by-laws', insert `the Standard Building Law'. 11 23. Section 30B(3)-- 12 omit `clerk', insert `chief executive officer'. 13 24. Section 30BA-- 14 omit, insert-- 15 `Local government to tell applicant of planning law requirements 16 `30BA.(1) This section applies if-- 17 (a) an application for approval to carry out building work is made 18 under this Act to a local government; and 19 (b) a planning scheme applies, or interim development control 20

393 Local Government SCHEDULE (continued) provisions apply, to the land to which the application relates. 1 `(2) The local government must consider the purpose of the application 2 and must decide whether, because of the planning scheme or the interim 3 development control provisions, the building work may be lawfully carried 4 out only if-- 5 (a) the land is rezoned; or 6 (b) the local government's approval, consent or permission is 7 obtained; or 8 (c) the land is rezoned and the local government's approval, consent 9 or permission is obtained. 10 `(3) If the local government decides the building work may be lawfully 11 carried out only if subsection (2) (a), (b) or (c) is satisfied, it must give the 12 applicant written notice of its decision. 13 `(4) The local government must comply with subsections (2) and (3) 14 within 14 days of receiving the application. 15 `(5) However, the local government does not have to give the written 16 notice mentioned in subsection (3) if, within 14 days after receiving the 17 application, it receives the necessary planning application. 18 `(6) If the applicant is aggrieved by the decision of the local government 19 in a notice given under subsection (3), the applicant may appeal to the 20 Planning and Environment Court. 21 `(7) The Planning and Environment Court may allow an appeal under 22 subsection (6) in whole or in part or may dismiss the appeal. 23 `(8) An appeal under subsection (6) must be started within 30 days after 24 the applicant is given written notice of the local government's decision 25 under subsection (3).'. 26 25. Section 30BB-- 27 omit `town'. 28

394 Local Government SCHEDULE (continued) 26. Section 30BB-- 1 omit `By-laws', insert `Law'. 2 27. Section 30BB(2)(b)(ii)-- 3 omit `by section 22 of the City of Brisbane Town Planning Act 1964 or 4 section 33(18) of the Local Government Act 1936', 5 insert `under the Local Government (Planning and Environment) Act 6 1990'. 7 28. Section 30BB(3)-- 8 omit `notification', insert `written notice'. 9 29. Section 30BB(3)-- 10 omit `30BA(2)', insert `30BA(3)'. 11 30. Section 30BB(3)(b)-- 12 omit `30BA(3)', insert `30BA(6)'. 13 31. Section 30BB(3)-- 14 omit `Local Government Court', 15 insert `Planning and Environment Court'. 16 32. Section 30BC-- 17 omit `town'. 18 33. Section 30BC(1)-- 19 omit `notification', insert `written notice'. 20

395 Local Government SCHEDULE (continued) 34. Section 30BC(1)-- 1 omit `30BA(2)', insert `30BA(3)'. 2 35. Section 30BC(1)-- 3 omit `30BA(3)', insert `30BA(6)'. 4 36. Section 30BC(1)(b)-- 5 omit `Local Government Court', 6 insert `Planning and Environment Court'. 7 37. Section 30 BE-- 8 omit. 9 38. Section 30BF-- 10 omit `those sections', insert `this section'. 11 39. Section 30BG(1)-- 12 omit `30BA(1)', insert `30BA(2)'. 13 40. Section 30BG(1)-- 14 omit `By-laws', insert `Law'. 15 41. Section 30BH(1A)-- 16 omit `By-laws require', insert `Law requires'. 17 42. Section 30BH(3)-- 18 omit `By-laws', insert `Law'. 19

396 Local Government SCHEDULE (continued) 43. Sections 30C and 30D-- 1 omit `By-laws', insert `Law'. 2 44. After section 30D-- 3 insert-- 4 `PART 4B--SWIMMING POOL FENCING 5 `Meaning of terms 6 `30E.(1) In this Part-- 7 "dividing fence" has the meaning given by the Dividing Fences Act 1953; 8 "existing building" means a class 1 or 2 building for which approval to 9 construct was obtained under this Act before 1 April 1992; 10 "existing swimming pool" means an outdoor swimming pool-- 11 (a) the construction or installation of which started before 1 February 12 1991; or 13 (b) for which approval to construct or install was given under this 14 Act before 1 February 1991; 15 "indoor swimming pool" means a swimming pool-- 16 (a) wholly enclosed by the walls of a building; or 17 (b) on a building; 18 "new swimming pool" means an outdoor swimming pool other than an 19 existing swimming pool; 20 "outdoor swimming pool" means a swimming pool other than an indoor 21 swimming pool; 22 "residential land" means land on which is constructed, or for which local 23 government approval is given to construct, a class 1 or 2 building 24 under the Standard Building Law and includes land that-- 25 (a) is adjacent to residential land; and 26

397 Local Government SCHEDULE (continued) (b) is in the same ownership as the residential land; and 1 (c) is used in association with the residential land; 2 "swimming pool" has the meaning given by the Standard Building Law; 3 "tourist resort complex" means a development that operates as a single 4 integrated facility providing all or substantially all the recreational and 5 personal needs of guests resident at the complex and visitors at the 6 complex; 7 "watercourse" means-- 8 (a) a canal, creek, river or stream in which water flows permanently 9 or intermittently; or 10 (b) a lake or other natural collection of water (whether permanent or 11 intermittent). 12 `(2) A reference in this Part to a building as a class of building is a 13 reference to a building of that class as classified under the Standard Building 14 Law. 15 `Control of swimming pool fencing 16 `30F. The jurisdiction of a local government includes control and 17 regulation of swimming pool fencing and related issues. 18 `Local law for fencing of swimming pools 19 `30G.(1) A local government may make a local law-- 20 (a) requiring the construction of fencing around swimming pools; 21 and 22 (b) requiring doors, windows and other openings giving access to 23 swimming pools to comply with specified requirements. 24 `(2) Subsection (1) has effect-- 25 (a) only if the local law can or could reasonably be characterised as 26 being directed to inhibiting the access of young children to 27 swimming pools; and 28

398 Local Government SCHEDULE (continued) (b) subject to subsections (3) to (6). 1 `(3) A local government does not have power to make a local law 2 requiring the construction of fencing around swimming pools on land used, 3 or to be used, for a tourist resort complex, if the land is specified under a 4 regulation. 5 `(4) A local government does not have power to make a local law 6 requiring the construction of fencing around outdoor swimming pools on 7 residential land to a standard less effective than section 30H requires. 8 `(5) A by-law made under the Local Government Act 1936, or an 9 ordinance made under the City of Brisbane Act 1924, continues to be 10 inoperative if-- 11 (a) it was declared under section 49H of that Act to be inoperative; 12 and 13 (b) it requires the construction of fencing around swimming pools on 14 residential land to a standard less effective than section 30H 15 requires. 16 `(6) A local law mentioned in subsection (1) does not limit the discretion 17 of a Magistrates Court under the Dividing Fences Act 1953. 18 `Outdoor swimming pools to be fenced 19 `30H.(1) The owner of residential land on which there is an outdoor 20 swimming pool must construct fencing around the swimming pool so 21 that-- 22 (a) the swimming pool is isolated from-- 23 (i) adjoining lands; and 24 (ii) watercourses wholly or partially forming the boundary of 25 the residential land; and 26 (b) access by young children to the swimming pool from buildings 27 (other than class 10 buildings completely enclosed by the fencing) 28 is inhibited. 29 Maximum penalty--85 penalty units. 30

399 Local Government SCHEDULE (continued) `(2) The design, construction and performance of the fencing-- 1 (a) if the fencing was constructed before 1 February 1991 and 2 complied with the standards prescribed under this Act--must 3 continue to comply with the standards; and 4 (b) if paragraph (a) does not apply--must comply with the standards 5 prescribed under this Act that apply to fencing after 1 February 6 1991. 7 `(3) The owner must keep the fencing-- 8 (a) in good condition; and 9 (b) so it complies with the standards prescribed under subsection (2) 10 for the fencing. 11 Maximum penalty--85 penalty units. 12 `(4) Despite subsection (3)(b), if fencing ceases to comply with the 13 standards prescribed in subsection (2) because the owner or occupier of 14 adjoining land has constructed or placed something on the adjoining land, 15 the owner of the land with the swimming pool on it is not required to 16 construct additional fencing or change existing fencing to comply with the 17 standards prescribed in subsection (2). 18 `(5) Subsection (1) is subject to sections 30I to 30R. 19 `Fencing of above-ground outdoor swimming pools 20 `30I. An owner does not have to construct fencing around a part of the 21 swimming pool if the walls of the swimming pool or associated structure 22 adjacent to the swimming pool comply with the standards prescribed under 23 the Standard Building Law. 24 `Incorporation of buildings as part of fencing--existing swimming 25 pools 26 `30J. An owner does not have to construct fencing around a part of an 27 existing swimming pool if the part is enclosed by-- 28 (a) the exterior wall of an existing building and-- 29

400 Local Government SCHEDULE (continued) (i) there is no opening in the wall giving access from the 1 building to the swimming pool; or 2 (ii) each opening in the wall giving access from the building to 3 the swimming pool complies, and is kept so it complies, 4 with the standards prescribed under the Standard Building 5 Law; or 6 (b) the exterior wall of a class 10 building if each opening in the wall 7 merely gives access from the building to the swimming pool; or 8 (c) the exterior wall of another building if-- 9 (i) there is no opening in the wall giving access from the 10 building to the swimming pool; or 11 (ii) each opening in the wall giving access from the building to 12 the swimming pool complies, and is kept so it complies, 13 with the standards prescribed under the Standard Building 14 Law. 15 `Incorporation of buildings as part of fencing--new swimming pools 16 `30K. An owner does not have to construct fencing around a part of a 17 new swimming pool if the part is enclosed by-- 18 (a) the exterior wall of an existing building and there is no opening in 19 the wall giving access from the building to the swimming pool; 20 or 21 (b) the exterior wall of an existing building and-- 22 (i) each window in the wall giving access from the building to 23 the swimming pool complies, and is kept so it complies, 24 with the standards prescribed under the Standard Building 25 Law; and 26 (ii) there are no other openings in the wall giving access from 27 the building to the swimming pool; or 28 (c) the exterior wall of an existing building and-- 29 (i) there is a door in the wall giving access from the building to 30

401 Local Government SCHEDULE (continued) the swimming pool; and 1 (ii) the local government decides it is physically impracticable to 2 construct fencing inhibiting access from the building to the 3 swimming pool; and 4 (iii) each opening in the wall giving access from the building to 5 the swimming pool complies, and is kept so it complies, 6 with the standards prescribed under the Standard Building 7 Law; or 8 (d) the exterior wall of a class 10 building and each opening in the 9 wall merely gives access from the building to the swimming 10 pool; or 11 (e) the exterior wall of a class 1 or 2 building (other than an existing 12 building) and-- 13 (i) there is no opening in the wall giving access from the 14 building to the swimming pool; or 15 (ii) each window in the wall giving access from the building to 16 the swimming pool complies, and is kept so it complies, 17 with the standards prescribed under the Standard Building 18 Law, and there are no other openings in the wall giving 19 access from the building to the swimming pool; or 20 (f) the exterior wall of another building and-- 21 (i) there is no opening in the wall giving access from the 22 building to the swimming pool; or 23 (ii) each opening in the wall giving access from the building to 24 the swimming pool complies, and is kept so it complies, 25 with the standards prescribed under the Standard Building 26 Law. 27 `Further provision about incorporation of class 10 building as part of 28 fencing 29 `30L.(1) An owner does not have to construct fencing around a part of a 30 swimming pool enclosed by the exterior wall of a class 10 building if the 31

402 Local Government SCHEDULE (continued) class 10 building has a protected opening or protected openings giving 1 access from a class 1 or 2 building to the swimming pool. 2 `(2) In subsection (1)-- 3 "protected opening" means-- 4 (a) a door-- 5 (i) fitted with a self-closing and self-latching device complying 6 with the standards prescribed under the Standard Building 7 Law; and 8 (ii) kept so it complies with the standards prescribed under the 9 Standard Building Law; or 10 (b) a window-- 11 (i) enclosed, fixed and located in a way complying with the 12 standards prescribed under the Standard Building Law; and 13 (ii) kept so it complies with the standards prescribed under the 14 Standard Building Law. 15 `Variations 16 `30M.(1) A local government may vary the requirements of section 30H 17 (Outdoor swimming pools to be fenced) for a swimming pool on land on 18 which there is an existing building if it is satisfied that-- 19 (a) it is inappropriate or impracticable to comply with the 20 requirements because of-- 21 (i) the physical nature or location of the land; or 22 (ii) the design or construction of the swimming pool or fencing; 23 or 24 (iii) the location of the swimming pool or fencing; and 25 (b) reasonable provision exists for inhibiting access by young 26 children to the swimming pool. 27 `(2) A variation may be made without conditions or subject to conditions 28 the local government considers appropriate to ensure reasonable provision 29

403 Local Government SCHEDULE (continued) is made for inhibiting access by young children to the swimming pool. 1 `Exemptions--general 2 `30N.(1) A local government may, on the written application of an 3 owner, decide that section 30H (Outdoor swimming pools to be fenced) 4 does not apply for a swimming pool, if it is satisfied that it is unlikely a 5 young child would gain access to the swimming pool because of-- 6 (a) the physical nature or location of the residential land concerned; or 7 (b) the design or construction of the swimming pool or fencing; or 8 (c) the location of the swimming pool or fencing. 9 `(2) A local government may, on written application made by the owners 10 of adjoining parcels of land on which there are constructed or installed 11 outdoor swimming pools, decide that the owners are not required to 12 construct fencing to inhibit access by young children from a swimming 13 pool to the other swimming pool if the owners have otherwise complied 14 with this Part. 15 `(3) A decision may be made without conditions or subject to the 16 conditions the local government considers appropriate to ensure effective 17 provision is made for inhibiting access by young children to the swimming 18 pool. 19 `Exemptions--waterfront land 20 `30O.(1) The owner of land-- 21 (a) adjoining a watercourse; and 22 (b) where there is an existing swimming pool or a new swimming 23 pool is constructed or installed; 24 is required to construct fencing to isolate the swimming pool from the 25 watercourse only if the local government decides the fencing is necessary to 26 inhibit access by young children to the swimming pool. 27 `(2) If the local government makes a decision under subsection (1), it 28 must give written notice to the owner of the reasons for the decision and of 29

404 Local Government SCHEDULE (continued) the day by which the owner is required to construct the fencing. 1 `Exemptions--land over 4000 m2 2 `30P.(1) A local government may, on written application made by the 3 owner of land-- 4 (a) that is more than 4 000 m2 in area; and 5 (b) where-- 6 (i) there is an existing swimming pool; or 7 (ii) there is an existing building and a new swimming pool is or 8 is to be constructed or installed; 9 decide that section 30H (Outdoor swimming pools to be fenced) does not 10 apply to the swimming pool if it is satisfied it is unlikely a young child 11 would gain access to the swimming pool. 12 `(2) A decision under subsection (1) may be made without conditions or 13 subject to the conditions the local government considers appropriate to 14 ensure reasonable provision is made for inhibiting access by young children 15 to the swimming pool. 16 `Exemptions--fencing enclosing swimming pool and existing building 17 `30Q.(1) A local government may, on written application made by the 18 owner of land where-- 19 (a) there is an existing building; and 20 (b) there is an existing swimming pool, or a new swimming pool is 21 or is to be constructed or installed; 22 decide that section 30H(1)(a) does not apply to the swimming pool. 23 `(2) The local government may make a decision only if-- 24 (a) each opening in the building complies, and the local government 25 is satisfied that it is likely to be maintained so that it complies, 26 with the standards prescribed under the Standard Building Law; 27 and 28

405 Local Government SCHEDULE (continued) (b) subsection (3) or (4) is complied with. 1 `(3) If the swimming pool is an existing swimming pool, the building 2 and the swimming pool must be fully enclosed by fencing that-- 3 (a) if the fencing was constructed before 1 February 1991--complies 4 with the standards mentioned in section 30H(2)(a); or 5 (b) if paragraph (a) does not apply--complies with the standards 6 mentioned in section 30H(2)(b). 7 `(4) If the swimming pool is a new swimming pool-- 8 (a) the building and the swimming pool must be, or will be when the 9 swimming pool is constructed or installed, fully enclosed by 10 fencing that complies with the standards mentioned in 11 section 30H(2)(b); and 12 (b) the local government decides it is physically impracticable to 13 construct fencing to inhibit access by young children from the 14 building to the swimming pool. 15 `(5) A decision may be made without conditions or subject to the 16 conditions the local government considers appropriate to ensure effective 17 provision is made for inhibiting access by young children to the swimming 18 pool. 19 `Effect of variation or exemption subject to conditions 20 `30R. If-- 21 (a) under this Part, a local government varies section 30H (Outdoor 22 swimming pools to be fenced) or decides that the section or any 23 provision of it does not apply; and 24 (b) the variation or decision is made subject to conditions; 25 the variation or decision has effect only if the conditions are complied with. 26 `Revocation of variations and determinations 27 `30S.(1) A local government may, by written notice served on the owner 28 of the land concerned-- 29

406 Local Government SCHEDULE (continued) (a) revoke a variation under section 30M (Variations), if-- 1 (i) the variation was based on a false or misleading particular 2 given by the owner; or 3 (ii) a significant change happens so that reasonable provision no 4 longer exists for inhibiting access by young children to the 5 swimming pool; or 6 (iii) if a variation is subject to conditions--the owner contravenes 7 a condition; or 8 (b) revoke a decision made under section 30N 9 (Exemptions--general), 30O (Exemptions--waterfront land) or 10 30P (Exemptions--land over 4000 m 2), if-- 11 (i) a significant change happens so a young child may gain 12 access to the swimming pool; or 13 (ii) if the decision was made subject to conditions--the owner 14 contravenes a condition. 15 Examples of significant change in paragraphs (a)(ii) and (b)(i)-- 16 17 1. The erection, alteration or demolition of a structure or natural barrier. 18 2. The carrying out of building work. `(2) If a local government serves a notice on an owner under 19 subsection (1), the notice must specify what must be done to comply with 20 section 30H (Outdoor swimming pools to be fenced) and the day by which 21 the owner is required to comply with the section. 22 `(3) Before a local government gives a notice under subsection (1), it 23 must give the owner an opportunity to show cause why the notice should 24 not be given. 25 `(4) To give the owner an opportunity to show cause, it must give the 26 owner written notice of a day (not earlier than 30 days after the owner is 27 given the notice under this subsection), time and place when and where the 28 owner may show cause to the local government why the notice under 29 subsection (1) should not be given. 30 `(5) An owner may attempt to show cause-- 31

407 Local Government SCHEDULE (continued) (a) by appearing at the day, time and place notified; or 1 (b) in writing, given to the chief executive officer of the local 2 government, at any time before the time notified. 3 `Time for compliance 4 `30T. The owner of land on which a new swimming pool is to be 5 constructed or installed must comply with section 30H (Outdoor 6 swimming pools to be fenced)-- 7 (a) within 30 days after the swimming pool is filled with water to a 8 depth of 300 mm or more; or 9 (b) within the shorter time after the swimming pool is filled with 10 water to a depth of 300 mm or more, that the local government 11 may decide as a condition of the approval to perform the building 12 work for the swimming pool. 13 `Advice as to compliance 14 `30U.(1) The owner of land where there is an existing swimming pool 15 may apply in writing to the local government for written advice as to 16 whether the swimming pool fencing concerned complies with section 30H. 17 `(2) If an application is made under subsection (1), the local government 18 must decide if the swimming pool fencing complies with section 30H and 19 advise the owner of its decision. 20 `(3) If the local government decides the swimming pool fencing does not 21 comply with section 30H, the local government must include in the written 22 advice given under subsections (1) and (2) the reasons why the fencing 23 does not comply and what must be done to make it comply. 24 `Access to outdoor swimming pools to be kept secure 25 `30V. The occupier of residential land on which there is an outdoor 26 swimming pool must ensure that a gate or door providing access to the 27 swimming pool is kept securely closed at all times when the gate or door is 28 not in actual use. 29

408 Local Government SCHEDULE (continued) Maximum penalty--85 penalty units. 1 `Apportionment of cost of constructing dividing fence 2 `30W.(1) The cost of constructing, altering, repairing, replacing and 3 maintaining a swimming pool fence consisting of the whole or part of a 4 dividing fence is, to the extent it is attributable to work done to comply with 5 section 30H (Outdoor swimming pools to be fenced), to be borne-- 6 (a) by the owner of the residential land on which the swimming pool 7 is constructed or installed; or 8 (b) if the work or part of the work is done to comply with this Part in 9 relation to more than 1 parcel of residential land--by the owners 10 of the parcels of land where the swimming pools are constructed 11 or installed, equally. 12 `(2) Subsection (1) applies despite the Dividing Fences Act 1953. 13 `Objections and appeals 14 `30X.(1) An owner of residential land where there is an existing 15 swimming pool, or where a new swimming pool is or is to be constructed 16 or installed, who is dissatisfied with a decision of a local government under 17 this Part has the same rights of objection and appeal under this Act as if the 18 owner were an applicant for approval to the carrying out of building work. 19 `(2) If a difficulty arises in the application of subsection (1) in or for a 20 particular objection or appeal, the building tribunal, committee or court 21 exercising jurisdiction in the objection or appeal may, on the application of a 22 party to the objection or appeal or on the initiative of the building tribunal, 23 committee or court, give directions and make orders appropriate to resolve 24 the difficulty. 25 `Liability of State for offences 26 `30Y.(1) Nothing in this Part makes the State liable to be prosecuted for 27 an offence. 28 `(2) However, subsection (1) does not prevent the prosecution of an 29

409 Local Government SCHEDULE (continued) officer, employee or agent of the State for an offence. 1 `Offences 2 `30Z.(1) A person must not-- 3 (a) contravene a condition of a variation under section 30M or a 4 decision under section 30N, 30P or 30Q; or 5 (c) contravene a notice served on the person under section 30O or 6 30S. 7 Maximum penalty--85 penalty units. 8 `(2) A person convicted of an offence mentioned in subsection (1), who 9 continues to contravene the condition or notice commits a continuing 10 offence. 11 Maximum penalty--8 penalty units for each day on which the offence is 12 continued.'. 13 45. Section 31(2)-- 14 omit. 15 46. Sections 32, 34(1), 36(1), 36B and 36C-- 16 omit `clerk', insert `chief executive officer'. 17 47. Section 36D(1A)-- 18 omit `By-laws', insert `Law'. 19 48. Sections 36G(1) and 36I-- 20 omit `clerk', insert `chief executive officer'. 21

410 Local Government SCHEDULE (continued) 49. Section 36J-- 1 omit `By-laws', insert `Law'. 2 50. Section 36J-- 3 omit `those by-laws', insert `the Standard Building Law'. 4 51. Section 36L(2)(b) and 36M(1)-- 5 omit `clerk', insert `chief executive officer'. 6 52. Section 36N(1)(b)-- 7 omit `By-laws', insert `Law'. 8 53. Section 38(4)(a)-- 9 omit `clerk', insert `chief executive officer'. 10 54. Section 41(3)-- 11 omit `Local Government Court's', 12 insert `Planning and Environment Court's'. 13 55. Section 42 (heading)-- 14 omit `Local Government', insert `Planning and Environment'. 15 56. Section 42(1)-- 16 omit `Local Government Court constituted under the City of Brisbane 17 Town Planning Act 1964', 18 insert `Planning and Environment Court'. 19

411 Local Government SCHEDULE (continued) 57. Section 42(2)-- 1 omit. 2 58. Section 43-- 3 omit `Local Government Court', 4 insert `Planning and Environment Court'. 5 59. Section 43(2)-- 6 omit. 7 60. Section 45-- 8 omit `Local Government Court', 9 insert `Planning and Environment Court'. 10 61. Section 46-- 11 omit `Local Government Court', 12 insert `Planning and Environment Court'. 13 63. Section 46-- 14 omit `City of Brisbane Town Planning Act 1964', 15 insert `Local Government (Planning and Environment) Act 1990'. 16 64. Section 47-- 17 omit `Local Government Court', 18 insert `Planning and Environment Court'. 19

412 Local Government SCHEDULE (continued) 65. Sections 50(1), 51(1), 52(1) and 52A-- 1 omit `By-laws', insert `Law'. 2 66. Section 54(2)(b) and 60(2)(a)-- 3 omit `clerk', insert `chief executive officer'. 4 67. Section 64(1)-- 5 omit `chairperson or clerk', insert `chief executive officer'. 6 68. Section 64(2)-- 7 omit. 8 69. Section 64A-- 9 omit, insert-- 10 `Restriction on local government's power to delegate 11 `64A. A local government may not delegate a power under section 52 or 12 53 to cause a building or structure to be demolished or taken down.'. 13 70. Section 64B-- 14 omit, insert-- 15 `Chief executive's power to delegate 16 `64B. The chief executive may delegate the chief executive's powers 17 under this Act to an officer of the department.'. 18 71. Section 64C(2)(b)(i)-- 19 omit `By-laws', insert `Law'. 20

413 Local Government SCHEDULE (continued) 72. Section 64E (heading)-- 1 omit `By-laws', insert `Standard Building Law'. 2 73. Section 64E-- 3 omit `By-laws', insert `Law'. 4 74. Section 65(1)-- 5 omit `By-laws as enacted in the schedule or', insert `Law as'. 6 75. Section 66B-- 7 omit `By-laws', insert `Law'. 8 76. Section 66B-- 9 omit `the by-laws', insert `the Standard Building Law'. 10 77. Section 67-- 11 omit, insert-- 12 `Regulation making power 13 `67.(1) The Governor in Council may make regulations under this Act. 14 `(2) A regulation may make provision with respect to-- 15 (a) the payment of remuneration to referees, members of the 16 committee and subcommittees; and 17 (b) the fees payable under the Act; and 18 (c) flammable and combustible liquids; and 19 (d) fixing a penalty for an offence against a regulation (including 20 different penalties for successive offences against a regulation) of 21 a fine of not more than 20 penalty units.'. 22

414 Local Government SCHEDULE (continued) 78. Heading to Part 8-- 1 omit, insert-- 2 `PART 8--SAVINGS AND TRANSITIONAL 3 PROVISIONS'. 4 79. Sections 71(2) and 75(2)-- 5 omit `By-laws', insert `Law'. 6 80. Sections 71(2) and 75(2)-- 7 omit `By-law', insert `section'. 8 81. Sections 71(2) and 75(2)-- 9 omit `those by-laws', insert `the Standard Building Law'. 10 82. Section 76-- 11 omit, insert-- 12 `Swimming pool fencing compliance--hardship 13 `76.(1) This section applies if-- 14 (a) before the commencement of this section, a local authority, under 15 section 49H(11)(b) of the Local Government Act 1936, extended 16 the time for an owner to comply with section 49H(4) of the Act; 17 and 18 (b) immediately before the commencement of this section, the 19 extension was still in force. 20 `(2) The extension continues, in accordance with its terms, as an 21 extension of time for the owner to comply with section 30H (Outdoor 22 swimming pools to be fenced). 23 `(3) The local government concerned may at any time, and subject to the 24 reasonable conditions it considers appropriate, extend the time for the owner 25

415 Local Government SCHEDULE (continued) to comply with section 30H if-- 1 (a) the owner files a written application for an extension with the 2 local government while a previously given extension is still in 3 force; and 4 (b) the local government is satisfied that compliance within the time 5 provided for in the previously given extension would cause the 6 owner financial hardship. 7 `Standard Building By-law 1991 is regulation 8 `77.(1) On the commencement of this section, the Standard Building 9 By-laws 1991 is taken to be a regulation made under section 6. 10 `(2) This section expires on the day it commences. 11 `References to Standard Building By-laws 1991 etc. 12 `78. A reference in an Act or document to the Standard Building 13 By-laws 1991 or the Standard Building By-laws (however described) is a 14 reference to the Standard Building Law. 15 Example-- 16 17 A reference to the Standard Building By-laws as `those by-laws' is a reference to 18 the Standard Building Law.'. UILDING UNITS AND GROUP TITLES ACT 1980 19 �B 1. Section 7(1) (definitions "local authority", "Minister" and "town 20 planning scheme")-- 21 omit. 22 2. Section 7(1)-- 23 insert-- 24

416 Local Government SCHEDULE (continued) ` "planning scheme" means a planning scheme under the Local 1 Government (Planning and Environment) Act 1990;'. 2 3. Section 7(3) and (4)-- 3 omit, insert-- 4 `(3) In this Act, a reference to the Local Government (Planning and 5 Environment) Act 1990 includes a reference to a planning scheme.'. 6 4. Section 9(7)-- 7 omit `Local Government Act 1936-1979', 8 insert `Local Government (Planning and Environment) Act 1990'. 9 5. Section 22(5)-- 10 omit `Local Government Act 1936-1979', 11 insert `Local Government (Planning and Environment) Act 1990'. 12 6. Section 24(1) and (2)-- 13 omit `Local Government Act 1936-1979', 14 insert `Local Government (Planning and Environment) Act 1990'. 15 7. Section 24(3)-- 16 omit. 17 8. Section 24(4)(a)-- 18 omit `(1), (2) and (3)', insert `(1) and (2)'. 19

417 Local Government SCHEDULE (continued) 9. Section 24(4)(b)(i)-- 1 omit, insert-- 2 `(i) a planning scheme; or 3 (ii) a local law; or 4 (iii) interim development control provisions within the meaning 5 of the Local Government (Planning and Environment) Act 6 1990 (the "control provisions");'. 7 10. Section 24(4)(b)(ii)-- 8 renumber as section 24(4)(b)(iv). 9 11. Section 24(4)(c)-- 10 omit, insert-- 11 `(c) any consent or approval required under a planning scheme, a local 12 law or control provisions has been given for the separate 13 occupation of the proposed lots; and'. 14 12. Section 24(5)(a)-- 15 omit `Local Government Act 1936-1979', 16 insert `Local Government (Planning and Environment) Act 1990'. 17 13. Section 24(5)(a)-- 18 omit `by the ordinances or by-laws, as the case may be, of the local 19 authority'. 20 14. Section 24(5)(b)-- 21 omit `the requirements of or pursuant to the ordinances or by-laws, as the 22 case may be,', 23

418 Local Government SCHEDULE (continued) insert `the lawful requirements'. 1 15. Section 24(6)(b)-- 2 omit `Local Government Act 1936-1979', 3 insert `Local Government (Planning and Environment) Act 1990'. 4 16. Section 24(6) (all words from `may appeal to the Local 5 Government Court')-- 6 omit, insert-- 7 `may appeal to the Planning and Environment Court.'. 8 17. Section 24(7)-- 9 omit, insert-- 10 `(7) Part 7 (Appeals) of the Local Government (Planning and 11 Environment) Act 1990 applies to an appeal under subsection (6) as if the 12 right to appeal was given by that Act.'. 13 18. Section 25(3)(a)-- 14 omit `the requirements of the ordinances or by-laws, as the case may 15 be,', 16 insert `the lawful requirements'. 17 19. Section 25(3)(b)-- 18 omit `the provisions of the ordinances or by-laws, as the case may be,', 19 insert `the lawful requirements'. 20 20. Section 25(4) and (5)-- 21 omit `Local Government Act 1936-1979', 22

419 Local Government SCHEDULE (continued) insert `Local Government (Planning and Environment) Act 1990'. 1 21. Section 25(5) (all words from `may appeal to the Local 2 Government Court')-- 3 omit, insert-- 4 `may appeal to the Planning and Environment Court.'. 5 22. After section 25(5)-- 6 insert-- 7 `(5A) Part 7 (Appeals) of the Local Government (Planning and 8 Environment) Act 1990 applies to an appeal under subsection (5) as if the 9 right to appeal was given by that Act.'. 10 23. Section 64-- 11 omit `Local Government Act 1936-1979', 12 insert `Local Government Act 1993 or the City of Brisbane Act 1924'. 13 24. Section 66-- 14 omit. 15 25. Section 68-- 16 omit. 17 CITY OF BRISBANE ACT 1924 18 � 1. Section 3(1) (definitions "Alderman", "City", "Election", "Leader of 19 the Opposition", "Local Government Act" and "owner")-- 20 omit. 21

420 Local Government SCHEDULE (continued) 2. Section 3(1)-- 1 insert-- 2 ` "City" means the City of Brisbane; 3 "councillor" means a councillor of the City, and includes the mayor and 4 deputy mayor; 5 "election" means an election of the mayor or another councillor; 6 "Leader of the Opposition" means the councillor recognised for the time 7 being as leader of the opposition in the Council; 8 "Local Government Act" means the Local Government Act 1993; 9 "owner" has the meaning given by section 5 of the Local Government 10 Act;'. 11 3. After section 3-- 12 insert-- 13 `Application of the Local Government Act 14 `3A.(1) The Local Government Act applies to the Council only so far as 15 is expressly provided by that or another Act. 16 `(2) The provisions of the Local Government Act that apply to the 17 Council include the following-- 18 � Chapter 2 (The local government system) 19 � Part 1 (Local governments), Divisions 2 (Roles of local 20 governments) and 3 (Jurisdiction of local government) 21 � Part 2 (Joint local governments) 22 � Part 3 (Joint action by local governments) 23 � Chapter 3 (Interaction with the State) 24 � Part 1 (Review of local government matters) 25 � Part 3 (Local Government Grants Commission) 26 � Chapter 4 (Local government councillors) 27

421 Local Government SCHEDULE (continued) � Part 1 (Membership of local governments) 1 � Part 3 (Entitlements and obligations), Division 2 2 (Obligations of councillors) 3 � Part 4 (Vacancies in membership of local governments) 4 � section 244 (Qualification for nomination) 5 � section 245 (Prohibition of dual candidature) 6 � section 246 (Leave to local government employee to contest 7 election) 8 � Chapter 6 (General operation of local governments) 9 � Part 4 (Enterprises) 10 � Chapter 8 (Local laws and local law policies) 11 � Chapter 9 (Local government infrastructure) 12 � Chapter 10 (Rates and charges) 13 � Part 1 (General), Division 2 (Averaging of valuations) 14 � Part 8 (Recovery of rates) 15 � Chapter 11 (Provisions aiding local government) 16 � Chapter 14 (Transitional provisions, repeals and amendments) 17 � Part 1 (Transitional and savings provisions) 18 � Division 7 (Local laws and local law policies) 19 � section 781 (Realignment of roads) 20 � section 783 (Foreshores and bathing reserves) 21 � section 788 (Saving of averaged land values for rating 22 purposes) 23 � section 789 (Saving of proceedings to recover overdue 24 rates) 25 � section 790 (Saving of action to sell or acquire land for 26 overdue rates) 27 � section 798 (Transitional regulations). 28

422 Local Government SCHEDULE (continued) `(3) If the Brisbane City Council is a component local government in a 1 joint local government, the Local Government Act applies to the Council as 2 a component local government as if it were a local government established 3 under that Act.'. 4 4. Section 4(2)-- 5 omit, insert-- 6 `(2) The boundaries of the City are the boundaries of the City 7 immediately before the commencement of the Local Government Act 1993, 8 as subsequently varied under that Act.'. 9 5. Section 5(1)-- 10 omit `alderman', insert `councillors'. 11 6. Section 5(2)-- 12 omit, insert-- 13 `(2) A reference in this or another Act to an alderman of the Council is a 14 reference to a councillor of the Council.'. 15 7. Sections 7 to 12-- 16 omit. 17 8. Section 14AA-- 18 omit. 19 9. Sections 18 and 19-- 20 omit. 21

423 Local Government SCHEDULE (continued) 10. Section 24B-- 1 omit. 2 11. Section 36-- 3 omit. 4 12. Section 36A(2)-- 5 omit. 6 13. Part 2, Division 10-- 7 omit. 8 14. Section 65(2) and (3)-- 9 omit. 10 15. Section 106(2)-- 11 omit. 12 16. Section 128(15)-- 13 omit `Local Government Act 1936', 14 insert `Statutory Bodies Financial Arrangements Act 1982'. 15 17. Section 130-- 16 omit. 17 18. Section 131-- 18 omit. 19

424 Local Government SCHEDULE (continued) COMMUNITY SERVICES (ABORIGINES) ACT 1984 1 � 1. Section 34-- 2 omit, insert-- 3 `Borrowing powers 4 `34.(1) An Aboriginal Council may enter into financial arrangements 5 under Part 4 of the Statutory Bodies Financial Arrangements Act 1982. 6 `(2) Section 442 (Councillors' liability for unauthorised borrowings) of 7 the Local Government Act 1993 applies to an Aboriginal Council as if it 8 were a local government and its members were councillors of the local 9 government.'. 10 COMMUNITY SERVICES (TORRES STRAIT) ACT 11 � 1984 12 1. Section 32-- 13 `Borrowing powers 14 `32.(1) An Island Council may enter into financial arrangements under 15 Part 4 of the Statutory Bodies Financial Arrangements Act 1982. 16 `(2) Section 442 (Councillors' liability for unauthorised borrowings) of 17 the Local Government Act 1993 applies to an Island Council as if it were a 18 local government and its members were councillors of the local 19 government.'. 20 ORRECTIVE SERVICES ACT 1988 21 �C 1. Section 57(2)-- 22 omit. 23

425 Local Government SCHEDULE (continued) CRIMINAL CODE 1 � 1. Section 98 (definition "municipal election")-- 2 omit. 3 2. Section 98A-- 4 omit, insert-- 5 `Chapter doesn't apply to certain elections 6 `98A. This Chapter does not apply to an election for the Legislative 7 Assembly or a local government.'. 8 3. Section 104-- 9 omit. 10 4. Section 105, last sentence-- 11 omit. 12 5. Section 106, last sentence-- 13 omit. 14 6. Section 107-- 15 omit all words from `, or, if'. 16 LECTRICITY ACT 1976 17 �E 1. Section 203(1)-- 18 omit, insert-- 19

426 Local Government SCHEDULE (continued) `203.(1) Despite section 5.3 of the Local Government (Planning and 1 Environment) Act 1990, the Registrar of Titles may register or record any 2 instrument dealing with land in a subdivision under that Act to an Electricity 3 Authority.'. 4 FINANCIAL ADMINISTRATION AND AUDIT ACT 5 � 1977 6 1. Sections 114 to 116-- 7 omit. 8 IRE SERVICE ACT 1990 9 �F 1. Section 6 (definition "Local Authority")-- 10 omit. 11 2. Section 105 (definition "component Local Authority")-- 12 omit, insert-- 13 "component local government" means a local government whose area, or 14 part of whose area, comprises an urban district or part of an urban 15 district;'. 16 3. Section 114(3)-- 17 omit `for general rates given under the Local Government Act 18 1936-1989', 19 insert `under the Local Government Act 1993'. 20

427 Local Government SCHEDULE (continued) 4. Section 115(2)-- 1 omit, insert-- 2 `(2) In this subsection-- 3 "relevant provisions" means-- 4 (a) Chapter 10 (Rates and charges) of the Local Government Act 5 1993, other than the following provisions-- 6 � section 560 (Making of rates and charges) 7 � section 593 (Resolution to remove valueless land from land 8 record) 9 � section 604(3) (Levying rates) 10 � Part 5 (Levying and payment of rates), Division 4 11 (Discounts and other benefits for prompt payment of rates) 12 � section 623 (Change in unimproved value of land) 13 � section 624 (Land becomes or ceases to be rateable land) 14 � section 626 (Entitlement to occupy land is ended) 15 � Part 6 (Concessions) 16 � Part 8 (Recovery of rates), Division 3 (Acquisition by local 17 government of valueless land); and 18 (b) for the Brisbane City Council--any corresponding provisions of 19 Part 3 (Rates and charges) of the City of Brisbane Act 1924.'. 20 5. Section 116-- 21 omit, insert-- 22 `Contribution to be paid into fund of component local government 23 `116. An amount received or recovered by a component local 24 government under this Part must be paid into-- 25 (a) for the Brisbane City Council--the City Fund; or 26 (b) for any other local government--its operating fund.'. 27

428 Local Government SCHEDULE (continued) ISHING INDUSTRY ORGANISATION AND 1 �F MARKETING ACT 1982 2 1. Section 6 (definition "Local Authority")-- 3 omit. 4 FORESTRY ACT 1959 5 � 1. Section 71-- 6 omit. 7 LADSTONE AREA WATER BOARD ACT 1984 8 �G 1. Section 6 (definitions "Local Authority Area" or "Area" and "town 9 planning scheme")-- 10 omit. 11 2. Section 6-- 12 insert-- 13 ` "town planning scheme" means a planning scheme under the Local 14 Government (Planning and Environment) Act 1990;'. 15 3. Part 7, Division 2-- 16 omit. 17 EALTH ACT 1937 18 �H

429 Local Government SCHEDULE (continued) 1. Section 5 (definitions "Area", By-laws", "General fund", "Local 1 Authority", "Local Government Act", "Sanitary convenience" and 2 "Sewerage")-- 3 omit. 4 2. Section 5-- 5 insert-- 6 ` "Local Government Act" means the Local Government Act 1993, and 7 includes the City of Brisbane Act 1924;'. 8 3. Section 21(2) (2nd sentence)-- 9 omit. 10 4. Section 22(1) (2nd and 3rd sentences)-- 11 omit. 12 5. Section 22(2)(b) and (c)-- 13 omit. 14 6. Section 22(3)-- 15 omit `with the approval of the Director-General'. 16 7. Section 22(4)-- 17 omit. 18 8. Section 22(5)-- 19 omit `general fund', insert `operating fund'. 20

430 Local Government SCHEDULE (continued) 9. Section 22(6)-- 1 omit. 2 10. Section 23-- 3 omit. 4 11. Section 169-- 5 omit `Chairman of the Local Authority', 6 insert `chief executive officer of a local government'. 7 12. Section 169-- 8 omit `general fund', insert `operating fund'. 9 13. Section 171-- 10 omit `the chairman or, if the matter is one of emergency, the clerk', 11 insert `the chief executive officer'. 12 14. Section 176 (2nd sentence)-- 13 omit `the general fund', insert `its operating fund'. 14 15. Section 179-- 15 omit. 16 HEALTH SERVICES ACT 1991 17 �

431 Local Government SCHEDULE (continued) 1. Section 1.5(1) (definition "Area of Local Authority")-- 1 omit. 2 INDY CAR GRAND PRIX ACT 1990 3 � 1. Section 1.2 (definition "local authority")-- 4 omit. 5 JUSTICES ACT 1886 6 � 1. Section 4(1) (definition "chairperson of a local authority")-- 7 omit. 8 AND ACT 1962 9 �L 1. Section 216(5)(d)-- 10 omit, insert-- 11 `(5A) The lessee may appeal to the Minister administering the Local 12 Government Act 1993 against a decision of the local government about the 13 type, standard and specifications of any works to be performed by the 14 lessees. 15 `(5B) For the purposes of the appeal, Part 7 of the Local Government 16 (Planning and Environment) Act 1990 applies with any necessary changes 17 and any changes prescribed by regulation.'. 18 2. Section 365B(1)-- 19 omit `section 34 of the Local Government Act 1936-1986', 20 insert `Part 5 of the Local Government (Planning and Environment) Act 21

432 Local Government SCHEDULE (continued) 1990'. 1 LEGISLATIVE STANDARDS ACT 1992 2 � 1. Section 2 (definition "exempt instrument", paragraph (a))-- 3 omit, insert-- 4 `(a) a local law; or'. 5 OCAL GOVERNMENT (ABORIGINAL LANDS) ACT 6 �L 1978 7 1. Section 3 (definitions "Aborigine" and "Minister")-- 8 omit. 9 2. Section 3(2)-- 10 omit. 11 3. Sections 4 and 5-- 12 omit. 13 4. Section 9(2) and (3)-- 14 omit. 15 5. Section 12(2) to (4)-- 16 omit. 17

433 Local Government SCHEDULE (continued) 6. Section 13-- 1 omit. 2 7. Section 15-- 3 omit. 4 8. Section 16-- 5 omit, insert-- 6 `Modification of power to dissolve Shire Councils 7 `16. The Council of the Shire of Aurukun or the Council of the Shire of 8 Mornington may be dissolved under section 113 (Dissolution of local 9 government) of the Local Government Act 1993 only after consultation 10 between appropriate State and Commonwealth Ministers.'. 11 9. Section 35-- 12 omit. 13 10. Section 36(6)-- 14 omit `in accordance with section 23(10) of the Local Government Act 15 1936�1978'. 16 11. Section 39(1) to (3)-- 17 omit. 18 OCAL GOVERNMENT (CHINATOWN AND THE 19 �L VALLEY MALLS) ACT 1984 20

434 Local Government SCHEDULE (continued) 1. Section 38-- 1 omit. 2 OCAL GOVERNMENT (PLANNING AND 3 �L ENVIRONMENT) ACT 1990 4 1. Section 1.4 (definitions "Area", "by-law", "Chairman", "Clerk", 5 "Council", "Joint Board", "Local Authority" and "Local Government 6 Act")-- 7 omit. 8 2. Section 1.4-- 9 insert-- 10 ` "Council" means local government; 11 "Local Government Act" means the Local Government Act 1993;'. 12 3. Section 1.4 (definition "adjoining owner", paragraph (b))-- 13 omit `section 52A', 14 insert `section 698 (Notice of time share scheme to local government'. 15 4. Section 2.23(9)(a)-- 16 renumber as section 2.23(9). 17 5. Section 2.23(9)(b)-- 18 omit, insert-- 19 `(9A) For the purpose of subsection (9), section 663 (Cost of work a 20 charge over land) of the Local Government Act applies to a local 21 government as if-- 22

435 Local Government SCHEDULE (continued) (a) the Brisbane City Council were a local government under that 1 section; and 2 (b) the reference in that section to section 661 (Performing work for 3 owner or occupier) were a reference to this section.'. 4 6. Section 2.24(8)(a)-- 5 renumber as section 2.24(8). 6 7. Section 2.24(8)(b)-- 7 omit, insert-- 8 `(9) For the purpose of subsection (8), section 663 (Cost of work a 9 charge over land) of the Local Government Act applies to a local 10 government as if-- 11 (a) the Brisbane City Council were a local government under that 12 section; and 13 (b) the reference in that section to section 661 (Performing work for 14 owner or occupier) were a reference to this section.'. 15 8. Section 3.5(4)(c)-- 16 omit `pursuant to its power under section 35(9) of the Local Government 17 Act', 18 insert `under the Local Government Act'. 19 9. Section 5.8(7)-- 20 omit, insert-- 21 `(7) If there is no planning scheme in force for a local government area, 22 the local government for the area may make a local law, under the Local 23 Government Act, regulating the subdivision of land in the area. 24 `(8) The local law must be consistent with this Act.'. 25

436 Local Government SCHEDULE (continued) 10. Section 8.1(4)(b)-- 1 omit `section 19', 2 insert `Chapter 6 (General operation of local governments), Part 3 3 (Contracts and Tendering), Division 3 (Disposal of land or goods)'. 4 11. Section 8.6(2)-- 5 omit `section 52(14)', 6 insert `section 672 (Proceedings for offences)'. 7 LOCAL GOVERNMENT (QUEEN STREET MALL) 8 � ACT 1981 9 1. Section 3 (definitions "financial year", "Minister" and "the 10 Court")-- 11 omit. 12 2. Section 3-- 13 insert-- 14 ` "Court" means the Planning and Environment Court;'. 15 3. Section 3 (definition "rateable property", paragraph (a))-- 16 omit, insert-- 17 `(a) if the Council makes and levies a separate rate or charge under the 18 City of Brisbane Act 1924 on land for a function of local 19 government mentioned in section 7 or 9--that land; or'. 20 4. Section 32-- 21 omit. 22

437 Local Government SCHEDULE (continued) INERAL RESOURCES ACT 1989 1 �M 1. Section 1.8(1) (definitions "area", "local authority" and "town 2 planning scheme")-- 3 omit. 4 2. Section 1.8-- 5 insert-- 6 ` "chief executive (planning)" means the chief executive of the department 7 in which the Local Government (Planning and Environment) Act 1990 8 is administered; 9 "planning scheme" has the meaning given by the Local Government 10 (Planning and Environment) Act 1990;'. 11 3. Part 8 (heading)-- 12 omit `TOWN'. 13 4. Section 8.1 (heading)-- 14 omit `town'. 15 5. Section 8.1(1) and (4)-- 16 omit `notwithstanding the provisions of the Local Government Act 1936 17 or the City of Brisbane Town Planning Act 1964', 18 insert `despite the Local Government (Planning and Environment) Act 19 1990'. 20 6. Section 8.1(1)-- 21 omit `those Acts', insert `that Act'. 22

438 Local Government SCHEDULE (continued) 7. Section 8.1(2) and (3)-- 1 omit `Director of Local Government', insert `chief executive (planning)'. 2 8. Section 8.1(3) , (4) and (5)-- 3 omit `town'. 4 9. Section 8.1(5)-- 5 omit `the Local Government Act 1936 or the City of Brisbane Town 6 Planning Act 1964;', 7 insert `the Local Government (Planning and Environment) Act 1990'. 8 EGULATORY REFORM ACT 1986 9 �R 1. Section 3 (definition "subordinate legislation", subparagraph (i))-- 10 omit, insert-- 11 `(i) a local law; or'. 12 IVER IMPROVEMENT TRUST ACT 1940 13 �R 1. Section 5(8)-- 14 omit, insert-- 15 `(8) Chapter 4 (Local government councillors), Part 3 (Entitlements and 16 obligations), Division 2 (Obligation of councillors) of the Local 17 Government Act 1993 applies to a member of the Trust as if-- 18 (a) a reference to a councillor were a reference to a member of the 19 Trust; and 20 (b) a reference to a local government, or the chief executive officer of 21 a local government, were a reference to the Trust; and 22

439 Local Government SCHEDULE (continued) (c) a reference to a local government's area were a reference to the 1 Trust's river improvement area; and 2 (d) all other necessary changes, and any changes prescribed by 3 regulation, were made.'. 4 RURAL LANDS PROTECTION ACT 1985 5 � 1. Section 6 (definitions "Area", "functions" and "Joint Local 6 Authority")-- 7 omit. 8 2. Section 67(2) and 83(4)-- 9 omit `section 50(7) of the Local Government Act 1936-1984', 10 insert `section 663 (Cost of work a charge over land) of the Local 11 Government Act 1993'. 12 3. Section 220(1)(c)(iii)-- 13 omit, insert-- 14 `(iii) the person's address shown in a land record kept by a local 15 government under the Local Government Act 1993; or'. 16 4. Section 222(4)(a)-- 17 omit. 18 EWERAGE AND WATER SUPPLY ACT 1949 19 �S 1. Long title-- 20 omit, insert-- 21

440 Local Government SCHEDULE (continued) `An Act to make provision about sewerage, sanitary conveniences, 1 stormwater drainage and water supply'. 2 2. Section 4 (definitions "area", "by-law", "Shire", "standard 3 by-laws", "standard sewerage by-laws", "standard water supply 4 by-laws" and "Town")-- 5 omit. 6 3. Section 4-- 7 insert-- 8 ` "Standard Sewerage Law" means the regulations in force under 9 section 5; 10 "Standard Water Supply Law" means the regulations in force under 11 section 6.'. 12 4. Part 2-- 13 omit, insert-- 14 `PART 2--STANDARD SEWERAGE LAW AND 15 STANDARD WATER SUPPLY LAW 16 `Standard Sewerage Law 17 `5.(1) A regulation may make provision with respect to sewerage, 18 sanitary conveniences and stormwater drainage. 19 `(2) The Standard Sewerage Law-- 20 (a) applies to the areas of all local governments; and 21 (b) is to be administered by local governments. 22 `(3) Without limiting subsection (1), the Standard Sewerage Law may 23 provide for-- 24 (a) the powers of inspectors to enter premises and inspect works 25

441 Local Government SCHEDULE (continued) with which the Standard Sewerage Law is concerned; and 1 (b) the performance of works by, or on behalf of, local governments 2 and the recovery of reasonable costs for the works; and 3 (c) the creation of offences and prescribing penalties of not more than 4 40 penalty units for the offences. 5 `Standard Water Supply Law 6 `6.(1) A regulation may make provision with respect to water supply. 7 `(2) The Standard Water Supply Law-- 8 (a) applies to the areas of all local governments; and 9 (b) is to be administered by local governments. 10 `(3) Without limiting subsection (1), the Standard Water Supply Law 11 may provide for-- 12 (a) the powers of inspectors to enter premises and inspect works 13 with which the Standard Water Supply Law is concerned; and 14 (b) the performance of works by, or on behalf of, local governments 15 and the recovery of reasonable costs for the works; and 16 (c) the creation of offences and prescribing penalties of not more than 17 40 penalty units for the offences.'. 18 5. Section 7(2)(iv)-- 19 omit, insert-- 20 `(iv) a representative of local governments nominated by the 21 Local Government Association of Queensland 22 (Incorporated);'. 23 6. Section 7(2)-- 24 omit `by notification in the Gazette'. 25

442 Local Government SCHEDULE (continued) 7. Section 15(1), (3) and (4)-- 1 omit `By-laws', insert `Law'. 2 8. Section 15(2)-- 3 omit, insert-- 4 `(2) The holder of a Country Plumber's Licence or Interim Country 5 Plumber's Licence may perform plumbing work-- 6 (a) under the Standard Water Supply Law; and 7 (b) for septic tank installations--under the Standard Sewerage Law. 8 `(2A) However, the holder of a licence mentioned in subsection (2) may 9 not perform plumbing work under the Standard Sewerage Law for septic 10 tank installations in-- 11 (a) the area of the City of Brisbane; or 12 (b) a local government area that is a city or town if the whole or a part 13 of the area is a sewered area within the meaning of the Standard 14 Sewerage Law; or 15 (c) a part of a local government area that is a shire if the part is a 16 sewered area within the meaning of the Standard Sewerage 17 Law.'. 18 9. Section 16(1)-- 19 omit `standard by-laws', 20 insert `Standard Sewerage Law or Standard Water Supply Law'. 21 10. Section 17(1)-- 22 omit `Standard By-laws', 23 insert `Standard Sewerage Law or Standard Water Supply Law'. 24

443 Local Government SCHEDULE (continued) 11. Section 18(4)(a)-- 1 omit `By-laws', insert `Law'. 2 12. Section 18(5)-- 3 omit. 4 13. Section 19(2)(ixa)-- 5 omit `By-laws', insert `Law'. 6 14. Section 20-- 7 omit, insert-- 8 `Standard Sewerage By-laws 1981 is regulation 9 `20.(1) On the commencement of this section, the Standard Sewerage 10 By-laws 1981 is taken to be a regulation made under section 5. 11 `(2) This section expires on the day it commences. 12 `Standard Water Supply By-laws 1949 is regulation 13 `21.(1) On the commencement of this section, the Standard Water 14 Supply By-laws 1949 is taken to be a regulation made under section 6. 15 `(2) This section expires on the day it commences. 16 `Reference to Standard Sewerage By-laws 1981 etc. 17 `22. A reference in an Act or document to the Standard Sewerage 18 By-laws 1981 or the Standard Sewerage By-laws (however described) is a 19 reference to the Standard Sewerage Law. 20 Example-- 21 22 A reference to the Standard Sewerage By-laws as `those by-laws' is a reference to 23 the Standard Sewerage Law.

444 Local Government SCHEDULE (continued) `Reference to Standard Water Supply By-laws 1949 etc. 1 `23. A reference in an Act or document to the Standard Water Supply 2 By-laws 1949 or the standard Water Supply By-laws (however described) 3 is a reference to the Standard Water Supply Law. 4 Example-- 5 6 A reference to the Standard Water Supply By-laws is a reference to the Standard 7 Water Supply Law.'. SOIL CONSERVATION ACT 1986 8 � 1. Section 5-- 9 omit, insert-- 10 `Restriction on subdivision 11 `5.(1) A regulation may provide that a local government must not, 12 without the chief executive's consent, approve a plan of subdivision of land 13 specified in the regulation, if the land is the subject of an approved plan. 14 `(2) If a regulation mentioned in subsection (1) is made, the chief 15 executive may withhold consent to a subdivision if the chief executive 16 considers the subdivision would hinder or prevent the effective operation of 17 an approved plan.'. 18 2. Section 6 (definitions "Director-General" and "Minister")-- 19 omit. 20 3. Section 6-- 21 insert-- 22 ` "chief executive" means the chief executive of the department; 23 "Director-General" means the chief executive;'. 24

445 Local Government SCHEDULE (continued) OUTH BANK CORPORATION ACT 1989 1 �S 1. Section 4 (definition "Town Plan")-- 2 omit. 3 2. Section 4-- 4 insert-- 5 ` "town plan" means the planning scheme for the City of Brisbane in force 6 under the Local Government (Planning and Environment) Act 1990.'. 7 3. Schedule 7, section 7(1) (definition "Principal Act")-- 8 omit, insert-- 9 ` "Principal Act" means the South Bank Corporation Act 1989;'. 10 4. Schedule 7, section 7(3)-- 11 omit. 12 5. Schedule 7, section 24(4)(b)(i)-- 13 omit, insert-- 14 `(i) the town plan; or'. 15 6. Schedule 7, section 24(7)-- 16 omit. 17 7. Schedule 7, section 24(8)-- 18 omit `(4), (6) and (7)', insert `(4) and (6)'. 19

446 Local Government SCHEDULE (continued) 8. Schedule 7, section 66-- 1 omit. 2 9. Schedule 7, section 68-- 3 omit. 4 OUTH EAST QUEENSLAND WATER BOARD ACT 5 �S 1979 6 1. Section 4(1) (definitions "Local Authority", "member" and "town 7 planning scheme")-- 8 omit. 9 2. Section 4(1)-- 10 insert-- 11 ` "town planning scheme" means a planning scheme under the Local 12 Government (Planning and Environment) Act 1990;'. 13 TATE HOUSING ACT 1945 14 �S 1. Section 4 (definitions "By-law" and "Local Government Acts")-- 15 omit. 16 2. Section 4-- 17 insert-- 18 ` "Local Government Acts" means the Local Government Act 1993, and 19 the City of Brisbane Act 1924;'. 20

447 Local Government SCHEDULE (continued) 3. Section 23(9)-- 1 omit `Local Government Acts', insert `Building Act 1975'. 2 STATUTORY INSTRUMENTS ACT 1992 3 � 1. Section 7(3)-- 4 omit, insert-- 5 `(3) The instrument must be of 1 of the following types-- 6 � a regulation 7 � an order in council 8 � a rule 9 � a local law 10 � a by-law 11 � an ordinance 12 � a statute 13 � a proclamation 14 � a notification of a public nature 15 � a standard of a public nature 16 � a guideline of a public nature 17 � another instrument of a public nature by which the entity making 18 the instrument unilaterally affects a right or liability of another 19 entity.'. 20 2. Section 9(2)(a)-- 21 omit, insert-- 22 `(a) a local law or other statutory instrument made by a local 23 government;'. 24

448 Local Government SCHEDULE (continued) UGAR INDUSTRY ACT 1991 1 �S 1. Section 11.12(1)(a)(ii)-- 2 omit `section 35(24) of the Local Government Act 1936-1990', 3 insert `section 515 (Ancillary works and encroachments on roads) of the 4 Local Government Act 1993'. 5 TOWNSVILLE BREAKWATER ENTERTAINMENT 6 � CENTRE ACT 1991 7 1. Section 3 (definition "Area")-- 8 omit. 9 2. Section 8(1) (after `Act')-- 10 insert `(including the Local Government Act 1993)'. 11 3. Section 8(2)-- 12 omit. 13 OWNSVILLE/THURINGOWA WATER SUPPLY 14 �T BOARD ACT 1987 15 1. Section 6 (definitions "Local Authority Area" or "Area" and "town 16 planning scheme")-- 17 omit. 18

449 Local Government SCHEDULE (continued) 2. Section 6-- 1 insert-- 2 ` "town planning scheme" means a planning scheme under the Local 3 Government (Planning and Environment) Act 1990;'. 4 3. Part 7, Division 2-- 5 omit. 6 TRAFFIC ACT 1949 7 � 1. Section 5(1) to (4)-- 8 omit, insert-- 9 `5.(1) Subject to this Act, a local government may not-- 10 (a) make a local law about anything provided in this Act, including 11 anything about which a regulation may be made under this Act; 12 or 13 (b) exercise a power conferred by this Act on someone else. 14 `(2) However, a local government may exercise a power that is not 15 inconsistent with this Act.'. 16 2. Section 5(6) (words before `the following matters')-- 17 omit, insert-- 18 `(6) Despite subsection (1), a local government may make local laws 19 with respect to'. 20 3. Section 8-- 21 omit. 22

450 Local Government SCHEDULE (continued) 4. Section 9(1) (definitions "Area", "By-law", "Local Authority" and 1 "Town Clerk")-- 2 omit. 3 5. Section 9(1) (definition "Road", paragraph (b))-- 4 omit, insert-- 5 `(b) a railway or tramway constructed on a road;'. 6 TRANSPORT INFRASTRUCTURE (RAILWAYS) ACT 7 � 1991 8 1. Section 6.11-- 9 omit. 10 2. Section 6.17(7)-- 11 omit `Despite anything contained in section 35(4) of the Local 12 Government Act 1936, where', 13 insert `If'. 14 3. Section 6.17(12)-- 15 omit `Despite section 35(17) of the Local Government Act 1936,'. 16 4. Section 6.20(7) and (8)-- 17 omit. 18 VALUATION OF LAND ACT 1944 19 �

451 Local Government SCHEDULE (continued) 1. Section 5(1) (definition "area")-- 1 omit, insert-- 2 ` "area" means the area of a local government (other than an Aboriginal or 3 Torres Strait Islander local government);'. 4 2. After section 13B-- 5 insert-- 6 `Alteration of valuation for rate adjustment under Local Government 7 Act or City of Brisbane Act 8 `13BA.(1) The chief executive may alter a valuation that is no longer in 9 force to enable a rate adjustment to be made under section 622 (Rate levied 10 for a period in which a change takes effect) of the Local Government 11 Act 1993 or section 70 (Levy of rate on alteration in unimproved value etc.) 12 of the City of Brisbane Act 1974. 13 `(2) However, the chief executive may decide not to alter a valuation 14 under subsection (1) if the chief executive if of the opinion, formed on 15 reasonable grounds, that the rate adjustment resulting from the valuation 16 alteration would be so small that making the alteration cannot be justified in 17 the circumstances.'. 18 3. Section 25(1)-- 19 omit `The valuation', 20 insert `The valuation (other than a valuation for rental purposes)'. 21 4. Section 25(1)(b)-- 22 omit, insert-- 23 `(b) the unimproved value of the land for the Local Government Act 24 1993;'. 25 ATER RESOURCES ACT 1989 26 �W

452 Local Government SCHEDULE (continued) 1. Section 7.1-- 1 omit. 2 2. Section 7.5-- 3 omit. 4 3. After section 7.6-- 5 insert-- 6 `Levee banks under Local Government Act not controlled works 7 `7.6A.(1) In this section-- 8 "levee bank" means a levee bank within the meaning of the Local 9 Government Act 1993 that is constructed, maintained or kept under a 10 permission given under that Act. 11 `(2) Levee banks are not controlled works if the permission for their 12 construction, maintenance or keeping has not expired.'. 13 14 � State of Queensland 1993

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