LOCAL GOVERNMENT LEGISLATION AMENDMENT BILL 1996
Queensland LOCAL GOVERNMENT LEGISLATION AMENDMENT BILL 1996
Queensland LOCAL GOVERNMENT LEGISLATION AMENDMENT BILL 1996 TABLE OF PROVISIONS Section Page PART 1--PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 PART 2--AMENDMENT OF CITY OF BRISBANE ACT 1924 2 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 3 Amendment of s 3A (Application of the Local Government Act) . . . . . . . . 12 4 Amendment of pt 2, div 4 (Distribution and redistribution of wards) . . . . . 13 5 Omission of pt 2, div 4, subdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 6 Amendment of pt 2, div 4, subdiv 3 (General provisions) . . . . . . . . . . . . . . 13 7 Omission of ss 14L-14P . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 8 Amendment of s 14Q (Electoral rolls) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 9 Amendment of s 16 (Triennial elections) . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 10 Amendment of s 17 (Provisions concerning elections) . . . . . . . . . . . . . . . . 14 11 Repeal of s 20 (Conclusion of elections) . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 12 Amendment of s 58 (Utility charges) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 13 Amendment of s 69 (Other benefits for prompt payment) . . . . . . . . . . . . . . 16 14 Insertion of new pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 PART 6--TRANSITIONAL AND SAVINGS PROVISION FOR AMENDMENTS UNDER LOCAL GOVERNMENT LEGISLATION AMENDMENT ACT 1996 136 Provisions about electoral roll for triennial elections . . . . . . . . . . . . 17 137 Expiry of pt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 PART 3--AMENDMENT OF LOCAL GOVERNMENT ACT 1993 15 Act amended in pt 3 and schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
2 Local Government Legislation Amendment 16 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 17 Amendment of s 6 (Meaning of "conclusion" of local government election) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 18 Amendment of s 8 (Meaning of "open to inspection") . . . . . . . . . . . . . . . . 22 19 Amendment of s 9 (Act applies only so far as expressly provided) . . . . . . 23 20 Amendment of s 10 (How local government Acts apply to Brisbane City Council) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 21 Replacement of s 62 (Local government does not include joint local government in part) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 62 Definitions for pt 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 22 Replacement of s 63 (Types of local government matters) . . . . . . . . . . . . . 24 63 Meaning of "owner" of land for pt 1 . . . . . . . . . . . . . . . . . . . . . . . . . 25 23 Amendment of s 64 (Meaning of "reviewable local government matter") . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 24 Replacement of s 65 (Meaning of "referable local government matter") . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 65 Meaning of "limited reviewable local government matter" . . . . . . 26 25 Replacement of ch 3, pt 1, divs 2 and 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Division 2--Local Government Electoral and Boundaries Review Commissions Subdivision 1--Establishment, constitution and functions of commissions 66 Establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 66A Constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 66B Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Subdivision 2--Business and meetings of commissions 67 Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 67A Times and places of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 67B Quorum at meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 67C Presiding member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 67D Voting at meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 67E Disclosure of interests by members of expanded commission . . . . . 29 67F Additional provisions for disclosure of interests by commissioner and deputy commissioner . . . . . . . . . . . . . . . . . . . . . . 30 Subdivision 3--Miscellaneous 68 Resignation and removal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
3 Local Government Legislation Amendment Division 3--References of, and applications for, reviewable local government matters Subdivision 1--References to commissioner by Minister 69 Minister may refer certain reviewable local government matters to commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 69A References of reviewable local government matters to be tabled etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 69B Request by commissioner for reference . . . . . . . . . . . . . . . . . . . . . . . 32 Subdivision 2--Applications to commissioner by local governments 70 Limited reviewable local government matters . . . . . . . . . . . . . . . . . 33 Division 3A--Procedures for major and minor references of reviewable local government matters Subdivision 1--Preliminary 71 References of reviewable local government matters . . . . . . . . . . . . 34 71A Appointment of additional review commissioners . . . . . . . . . . . . . . 34 71B Commissions may declare major references . . . . . . . . . . . . . . . . . . . 35 71C Commissions must have regard to prescribed issues . . . . . . . . . . . . 35 71D Restrictions on determinations for City of Brisbane . . . . . . . . . . . . . 35 Subdivision 2--Major references of reviewable local government matters 72 Application of subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 72A Commission may make inquiries . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 72B Preliminary procedures for certain references . . . . . . . . . . . . . . . . . . 36 72C Determination not to implement matter . . . . . . . . . . . . . . . . . . . . . . . 37 72D Public notice of proposed determination to implement matter . . . . 38 72E Commission to consider submissions . . . . . . . . . . . . . . . . . . . . . . . . . 39 72F Holding of referendum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 72G Making final determination and preparation of report . . . . . . . . . . . 40 72H Notification of determination and report to Minister . . . . . . . . . . . . 41 72I Implementation of matter on commission's report . . . . . . . . . . . . . . 42 72J Implementation of matter at request of Legislative Assembly . . . . 43 Subdivision 3--Minor references of reviewable local government matters 73 Application of subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
4 Local Government Legislation Amendment 73A Commission may make inquiries . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 73B Determination not to implement matter . . . . . . . . . . . . . . . . . . . . . . . 44 73C Notice of proposed determination to implement matter and recommendations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 73D Commission to consider submissions . . . . . . . . . . . . . . . . . . . . . . . . . 45 73E Making final determination and preparation of report . . . . . . . . . . . 46 73F Notification of determination and report to Minister . . . . . . . . . . . . 46 73G Implementation of matter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 Division 3B--Limited reviewable local government matters 74 Application of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 75 Commission may make inquiries . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 76 Commission must have regard to prescribed issues . . . . . . . . . . . . . 48 77 Restriction on determination to implement matter . . . . . . . . . . . . . . 48 78 Action after determination to implement matter . . . . . . . . . . . . . . . . 48 78A Action after determination not to implement matter . . . . . . . . . . . . 49 79 Implementation of matter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 26 Replacement of s 80 (Commissioner may decide to hold inquiry) . . . . . . . 50 80 Expanded commission may decide to hold inquiry for certain matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 27 Replacement of ch 3, pt 1, divs 5 and 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 Division 4A--Referendums Subdivision 1--Preliminary 91 Application of div 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 91A "Approving" or "opposing" referendum question . . . . . . . . . . . . . . . 51 Subdivision 2--Holding referendums 92 Wording of referendum question . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 92A Appointment and role of returning officers for referendum . . . . . . . . 52 92B Referendum day . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 92C Notice of referendum day and other information . . . . . . . . . . . . . . . . 53 92D Voters rolls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 92E Voters roll to be open to inspection and purchase . . . . . . . . . . . . . . 54 92F Explanatory statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 92G Commission may request information from local government . . . . . 55
5 Local Government Legislation Amendment 92H Giving statements to affected electors and display of statements and proposed determination . . . . . . . . . . . . . . . . . . . . . . . 55 92I Local government views on referendum . . . . . . . . . . . . . . . . . . . . . . 56 92J Compulsory voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 92K Conduct of referendum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 Subdivision 3--Replacement provisions 93 Preliminary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 93A Direction that poll be conducted by postal ballot . . . . . . . . . . . . . . . 62 93B Ballot papers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 93C Mode of voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 93D Effect of ballot paper . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 93E Scrutineers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 Subdivision 4--Miscellaneous 94 Referendum cost . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 94A Proof of voters roll . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 Division 5--Provisions about commission members Subdivision 1--Commissioner and deputy commissioner 95 Commissioner may direct deputy commissioner to perform commissioner's functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 Subdivision 2--Appointment, and duration of appointment, of review commissioners 96 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 96A Duration of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 Subdivision 3--Terms of appointment, resignation and termination of appointment of certain commission members 97 Definition for subdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 98 Terms of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 99 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 100 Termination of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 Division 6--Miscellaneous 101 Staff and administrative support . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 102 Annual reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 103 Certain reports to be tabled etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 104 Reports open to inspection and available for purchase . . . . . . . . . . 69
6 Local Government Legislation Amendment 105 Additional procedures may be prescribed by regulation . . . . . . . . . . 70 28 Amendment of s 169 (General qualifications for membership) . . . . . . . . . . 70 29 Amendment of s 170 (General disqualifications) . . . . . . . . . . . . . . . . . . . . . 71 30 Amendment of s 200 (When councillor's office becomes vacant) . . . . . . . 71 31 Amendment of s 202 (Filling of later vacancies by appointment) . . . . . . . 72 32 Insertion of new s 219A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 219A Local governments responsible for expenditure for conducting elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 33 Amendment of s 220 (Chief executive officer is returning officer) . . . . . . . 74 34 Replacement of s 221 (Appointment of returning officer if chief executive officer cannot act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 221 Appointment of returning officer in place of the chief executive officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 35 Amendment of s 233 (Quota to be complied with in division of local government area and assignment of councillors) . . . . . . . . . . . . . . . . 75 36 Insertion of new s 238A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 238A Assistant returning officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 37 Amendment of s 240 (Issuing officers) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 38 Replacement of s 242 (Returning officer may act through authorised issuing officer) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 242 Returning officer may act through other officers . . . . . . . . . . . . . . . . 77 39 Insertion of new s 242A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 242A Assistant returning officer may act through certain authorised officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 40 Amendment of s 244 (Qualification for nomination) . . . . . . . . . . . . . . . . . . 78 41 Repeal of s 247 (Endorsed candidates must identify endorsement) . . . . . . 78 42 Amendment of s 249 (Who may nominate) . . . . . . . . . . . . . . . . . . . . . . . . . 78 43 Insertion of new s 251A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 251A Special grounds for deciding a person is not properly nominated . . 78 44 Amendment of s 252 (Certificate of returning officer) . . . . . . . . . . . . . . . . . 80 45 Amendment of s 264 (Direction that poll be conducted by postal ballot) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 46 Amendment of s 265 (Polling booths--general) . . . . . . . . . . . . . . . . . . . . . . 81 47 Amendment of s 273 (Order of listing of candidates' names) . . . . . . . . . . . 81
7 Local Government Legislation Amendment 48 Amendment of s 293 (Distribution of ballot papers to electors who may or must cast declaration vote) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 49 Amendment of s 295 (Distribution of ballot papers to electors for postal ballot election) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 50 Amendment of s 298 (Declaration voting before polling day) . . . . . . . . . . . 83 51 Insertion of new s 298A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 298A Distribution of declaration envelopes when separate ballot papers or polls on same day . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 52 Amendment of s 302 (Effect of ballot papers--optional-preferential voting) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 53 Amendment of s 303 (Effect of ballot papers--first-past-the-post voting) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 54 Amendment of s 308 (Preliminary counting by presiding officer) . . . . . . . . 86 55 Amendment of s 310 (Procedure for processing declaration envelopes) . . 86 56 Amendment of s 311 (Official counting of votes) . . . . . . . . . . . . . . . . . . . . . 87 57 Amendment of s 315 (Returning officer's duty after counting votes) . . . . . 88 58 Insertion of new s 317A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 317A Resolution about electors who fail to vote . . . . . . . . . . . . . . . . . . . . 88 59 Amendment of s 318 (List of electors failing to vote) . . . . . . . . . . . . . . . . . 88 60 Replacement of s 319 (Notice to elector failing to vote) . . . . . . . . . . . . . . 89 319 Notice of failure to vote etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 319A Payments for failure to vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 61 Amendment of s 320 (Recording response to notice) . . . . . . . . . . . . . . . . . . 90 62 Insertion of new s 323A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 323A Notice to electors whose ballot papers are not accepted . . . . . . . . . 91 63 Amendment of s 349 (Injunctions to restrain contravention of chapter) . . . 91 64 Insertion of new ch 7A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 CHAPTER 7A--NATIONAL COMPETITION REFORM OF SIGNIFICANT BUSINESS ACTIVITIES PART 1--OBJECT AND APPLICATION 458A Object . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 458B Application to Brisbane City Council . . . . . . . . . . . . . . . . . . . . . . . . 92 PART 2--DEFINITIONS 458C Definitions for ch 7A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
8 Local Government Legislation Amendment PART 3--PUBLIC BENEFIT ASSESSMENT OF TYPES 1 AND 2 BUSINESS ACTIVITIES Division 1--Subject matter of public benefit assessments 458D Matters to be addressed by public benefit assessment for type 1 business activity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 458E Matters to be addressed by public benefit assessment for type 2 business activity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 458F What is corporatisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 458G What is commercialisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 458H What is full cost pricing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 Division 2--Content of public benefit assessment report 458I Matters to be addressed in public benefit assessment reports . . . . . 98 Division 3--Local government to undertake assessments 458J Public benefit assessments to be undertaken . . . . . . . . . . . . . . . . . . 99 458K Local government to resolve on assessment and report process . . . 99 458L Timing for assessments and reports . . . . . . . . . . . . . . . . . . . . . . . . . 100 458M Regulation about public benefit assessment and public benefit assessment reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 65 Amendment of s 493 (Local law policy binding on local government) . . 100 66 Amendment of s 552 (Expiry of part) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 67 Amendment of s 569 (Utility charges) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 68 Amendment of s 611 (Payment by instalments) . . . . . . . . . . . . . . . . . . . . . 103 69 Amendment of s 612 (Meaning of "overdue rate") . . . . . . . . . . . . . . . . . . 103 70 Amendment of s 619 (Other benefits for prompt payment) . . . . . . . . . . . . 103 71 Amendment of s 627 (Remission, composition and settlement of rates) . 104 72 Amendment of s 628 (Deferral of liability to pay rates) . . . . . . . . . . . . . . 105 73 Amendment of s 638 (Starting and ending of sale procedures) . . . . . . . . . 105 74 Amendment of s 640 (Reserve price at auction) . . . . . . . . . . . . . . . . . . . . 106 75 Amendment of s 697 (Local laws about dogs) . . . . . . . . . . . . . . . . . . . . . . 106 76 Amendment of s 721 (Personnel practices) . . . . . . . . . . . . . . . . . . . . . . . . . 106 77 Amendment of s 774 (Permanent employees' liability for contributions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 78 Insertion of new s 792A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 792A Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
9 Local Government Legislation Amendment 79 Insertion of new s 793A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 793A Declaration of existing electoral wards of City of Brisbane . . . . . 107 80 Replacement of s 802 (Repeal if no review of pre-existing law) . . . . . . . 107 802 Repeal if no review of pre-existing law . . . . . . . . . . . . . . . . . . . . . . 108 81 Amendment of s 803 (Expiry of division) . . . . . . . . . . . . . . . . . . . . . . . . . . 108 82 Amendment of ch 15 (Transitional and savings provisions, repeals and amendments) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 83 Amendment of ch 15, pt 1 (Transitional and savings provisions) . . . . . . . 108 84 Replacement of ch 15, pt 1, div 5 (Local Government staff) . . . . . . . . . . 108 Division 5--Transitional and savings provisions for amendments under Local Government Legislation Amendment Act 1996 810 Rosalie Shire undivided for 1997 triennial election . . . . . . . . . . . . 108 811 Water charges by Livingstone Shire Council for 1993-1994 financial year . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 812 Electoral wards of City of Brisbane for 1997 triennial election . . . 110 813 Local government commissioner reports . . . . . . . . . . . . . . . . . . . . . 110 814 Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 PART 4--AMENDMENT OF PUBLIC SERVICE ACT 1996 85 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 86 Amendment of s 109 (Who is a "term appointee") . . . . . . . . . . . . . . . . . . 111 SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . 112 MINOR AND CONSEQUENTIAL AMENDMENTS OF LOCAL GOVERNMENT ACT 1993
1996 A BILL FOR An Act to amend legislation about local government, and for other purposes
s1 12 s3 Local Government Legislation Amendment The Parliament of Queensland enacts-- 1 PART 1--PRELIMINARY 2 title 3 Short Clause 1. This Act may be cited as the Local Government Legislation 4 Amendment Act 1996. 5 ART 2--AMENDMENT OF CITY OF BRISBANE 6 P ACT 1924 7 amended in pt 2 8 Act Clause 2. This part amends the City of Brisbane Act 1924. 9 of s 3A (Application of the Local Government Act) 10 Amendment Clause 3.(1) Section 3A(2), `· part 1 (Review of local government matters)'-- 11 omit, insert-- 12 `· part 1 (Reviewable local government matters)'. 13 (2) Section 3A(2), from `· section 244' to `contest election)'-- 14 omit, insert-- 15 `· chapter 5 (Local government elections) 16 · part 5 (Division of local government areas) 17 · part 6 (Conduct of elections) 18 · section 244 (Qualification for nomination) 19 · section 245 (Prohibition of dual candidature) 20 · section 246 (Leave to local government employee to 21
s4 13 s8 Local Government Legislation Amendment contest election) 1 · section 249 (Who may nominate)'. 2 (3) Section 3A(2), after `· part 4 (Enterprises)'-- 3 insert-- 4 `· chapter 7A (National competition reform of significant business 5 activities)'. 6 of pt 2, div 4 (Distribution and redistribution of wards) 7 Amendment Clause 4. Part 2, division 4, heading-- 8 omit. 9 of pt 2, div 4, subdiv 2 10 Omission Clause 5. Part 2, division 4, subdivision 2-- 11 omit. 12 of pt 2, div 4, subdiv 3 (General provisions) 13 Amendment Clause 6. Part 2, division 4, subdivision 3, heading-- 14 omit. 15 mission of ss 14L-14P 16 O Clause 7. Sections 14L to 14P-- 17 omit. 18 of s 14Q (Electoral rolls) 19 Amendment Clause 8.(1) Section 14Q(1), from `determined' to `Governor'-- 20 omit. 21 (2) Section 14Q(4)-- 22 omit. 23
s9 14 s 12 Local Government Legislation Amendment of s 16 (Triennial elections) 1 Amendment Clause 9. Section 16(1), (1A) and (2)-- 2 omit, insert-- 3 `(1) A triennial election of the councillors is to be held on 15 March 4 1997.1 5 `(2) However, a regulation may fix a different date for the election. 6 `(2A) Later triennial elections are to be held in every third year after 1997 7 on the last Saturday in March. 8 `(2B) However, a regulation may fix a different date for a particular 9 year.'. 10 of s 17 (Provisions concerning elections) 11 Amendment Clause 10. Section 17(3A)(a) and (b), `calendar year next preceding the 12 calendar'-- 13 omit. 14 of s 20 (Conclusion of elections) 15 Repeal Clause 11. Section 20-- 16 omit. 17 of s 58 (Utility charges) 18 Amendment Clause 12. Section 58-- 19 insert-- 20 `(6) The council may do 1 or more of the following-- 21 (a) make and levy a utility charge for services supplied or to be 22 supplied during part of the financial year and part of another 23 financial year; 24 1 See Local Government Act 1993, section 812 (Electoral wards of City of Brisbane for 1997 triennial election).
s 12 15 s 12 Local Government Legislation Amendment (b) make and levy differing charges for services supplied or to be 1 supplied during various periods in 1 or more financial years; 2 (c) in making and levying differing charges under paragraph (b), 3 decide the way the charges are to be apportioned. 4 5 Examples of application of subsection (6)-- 6 1. For water used between 30 April 1998 and 31 July 1998, the council may 7 resolve to charge-- 8 (a) for water used (as measured) during the period 30 April 1998 to 31 July 9 1998 on the basis of the charge made at the budget meeting for the 10 1997-1998 financial year; or 11 (b) for water used (as measured) during the period 30 April 1998 to 31 July 12 1998 on the basis of the charge made at the budget meeting for the 13 1998-1999 financial year; or 14 (c) for-- 15 (i) water used (as measured) during the period 30 April 1998 to 30 June 16 1998 on the basis of the charge made at the budget meeting for the 17 1997-1998 financial year; and 18 (ii) water used (as measured) during the period 1 July 1998 to 31 July 19 1998 on the basis of the charge made at the budget meeting for the 20 1998-1999 financial year; or 21 (d) an apportioned charge for water used during the 2 periods (30 April 1998 22 to 30 June 1998 and 1 July 1998 to 31 July 1998) on the basis of-- 23 (i) the total amount of water used (as measured) during the period 24 30 April 1998 to 31 July 1998--93 days--being apportioned to each 25 period according to the respective lengths of the periods--62 days 26 and 31 days respectively; or 27 (ii) another basis set out in the resolution. 28 2. The council may resolve to charge for water supplied between 1 July 1998 and 29 30 June 1999-- 30 (a) for the period 1 July 1998 to 28 February 1999--a flat charge of $300 with 31 an excess charge of $1 per kL of water used greater than 350 kL; and 32 (b) for the period 1 March 1999 to 30 June 1999--an amount based on the 33 actual consumption of water during the period. `(7) Despite subsection (6), the council must not for a financial year 34 make and levy a utility charge for services supplied or to be supplied other 35 than in that, the previous or the next financial year. 36
s 13 16 s 13 Local Government Legislation Amendment `(8) Charges made and levied in accordance with a decision under 1 subsection (6) are lawfully made and levied under this Act. 2 `(9) Subsections (6) to (8) apply despite the reference in sections 48 and 3 532 to the making and levying of rates and charges for a financial year. 4 `(10) If-- 5 (a) a meter or other measuring device is to be read on a particular day 6 for working out the amount of a charge to be levied by the council 7 for a service; and 8 (b) the council resolves to apply this subsection to the reading of 9 meters or other measuring devices; 10 it is taken to have been read on that day if it is read within a period of 11 2 weeks before or after the day. 12 13 Example for subsection (10)-- 14 If the council resolves to apply this subsection to the supply of water that is to be 15 charged on the basis of usage for a period ended 30 April and a meter is read on 16 10 May, that reading is taken to be the reading at 30 April for the purposes of 17 calculating the water usage during the period. `(11) Subsection (10) does not restrict the council's power to make local 18 laws relating to other aspects of the administration of metered consumption 19 of water. 20 21 Example for subsection (11)-- 22 A local law may be made to provide for water consumption to be estimated on the 23 basis of the best information reasonably available if a water meter is found to be 24 malfunctioning or inoperative during any period of consumption.'. of s 69 (Other benefits for prompt payment) 25 Amendment Clause 13. Section 69-- 26 insert-- 27 `(2) In subsection (1)-- 28 "benefits" include chances of winning a prize in a lottery conducted by the 29 2 Sections 48 (Power to make and levy rates and charges) and 53 (Making of rates and charges)
s 14 17 s 14 Local Government Legislation Amendment council. 1 `(3) For a lottery conducted by the council solely to provide a benefit for 2 this section-- 3 (a) the Art Unions and Public Amusements Act 1992 does not apply; 4 and 5 (b) the council must-- 6 (i) by resolution make rules for the conduct of the lottery; and 7 (ii) conduct the lottery in accordance with the rules for it. 8 `(4) Subsections (2), (3) and this subsection expire on 30 June 1998.'. 9 of new pt 6 10 Insertion Clause 14. After section 135-- 11 insert-- 12 `PART 6--TRANSITIONAL AND SAVINGS 13 PROVISION FOR AMENDMENTS UNDER LOCAL 14 GOVERNMENT LEGISLATION AMENDMENT ACT 15 1996 16 about electoral roll for triennial elections 17 `Provisions `136. It is declared that section 17(3A)3 as amended by the Local 18 Government Legislation Amendment Act 1996 applies and always did apply 19 from 18 December 1990. 20 of pt 21 `Expiry `137. This part expires on 1 May 1997.'. 22 3 Section 17 (Provisions concerning elections)
s 15 18 s 16 Local Government Legislation Amendment PART 3--AMENDMENT OF LOCAL GOVERNMENT 1 ACT 1993 2 amended in pt 3 and schedule 3 Act Clause 15. This part and the schedule amend the Local Government Act 1993. 4 of s 4 (Definitions) 5 Amendment Clause 16.(1) Section 4, definitions "commissioner", "declaration envelope", 6 "deputy commissioner", "electoral officer", "issuing officer", 7 "member", "owner" and "referable local government matter"-- 8 omit. 9 (2) Section 4-- 10 insert-- 11 ` "affected area", for a reviewable local government matter, means an area, 12 or part of an area, prescribed under a regulation for the matter. 13 "affected elector" means-- 14 (a) for an affected area (that is not divided into voting areas) for a 15 reviewable local government matter for which a referendum is to 16 be held in relation to an electoral and boundaries review 17 commission's proposed determination of the matter--a person 18 who, on the referendum roll cut-off day, is, under the Electoral 19 Act 1992, an elector for an electoral district, or part of an electoral 20 district, included in the affected area; or 21 (b) for a voting area of an affected area for a reviewable local 22 government matter for which a referendum is to be held for an 23 electoral and boundaries review commission's proposed 24 determination of the matter--a person who, on the referendum 25 roll cut-off day, is, under the Electoral Act 1992, an elector for an 26 electoral district, or part of an electoral district, included in the 27 voting area. 28 "approve", a referendum question, see section 91A. 29 "approved form" see section 792A. 30
s 16 19 s 16 Local Government Legislation Amendment "chairperson", of an expanded commission, means-- 1 (a) if the commission is a special commission--the member 2 mentioned in section 66A(1)(a); or 3 (b) if paragraph (a) does not apply--the commission member who is 4 the commissioner or deputy commissioner. 5 "commissioner" means the electoral commissioner under the Electoral Act 6 1992. 7 "compulsory referendum" see section 72F. 8 "declaration envelope" means an envelope on which there is a declaration 9 that has been, or a form of declaration that is to be, made by an elector. 10 "deputy commissioner" means the deputy electoral commissioner under 11 the Electoral Act 1992. 12 "electoral and boundaries review commission" means a Local 13 Government Electoral and Boundaries Review Commission 14 established under section 66. 15 "electoralofficer", for an election, means the returning officer, an assistant 16 returning officer or a presiding or issuing officer. 17 "expanded commission" means an electoral and boundaries review 18 commission constituted by more than 1 commission member. 19 "explanatory statement" see section 92F. 20 "implementation issues", for a reviewable local government matter 21 mentioned in section 64(1)(a), (c), (e) or (f), means-- 22 (a) the apportionment of assets and liabilities between the local 23 governments concerned; and 24 (b) the application of existing local laws, planning schemes and 25 interim development control provisions; and 26 (c) the preservation of-- 27 (i) valuations of, and rates levied on, rateable land that would be 28 affected by the matter if it were implemented; and 29 (ii) any existing debentures issued by the local governments; 30 and 31 (d) the rationalisation of staff of the local governments; and 32
s 16 20 s 16 Local Government Legislation Amendment (e) anything else prescribed under a regulation. 1 "issuing officer" means a person appointed to issue ballot papers, 2 declaration envelopes or declaration forms to electors, and includes a 3 returning officer, assistant returning officer and presiding officer when 4 carrying out any of those functions. 5 "limited reviewable local government matter" see section 65. 6 "majority", of commission members of an expanded commission 7 constituted by an even number of members, means at least one-half 8 the members plus 1. 9 "major reference", for a reviewable local government matter, means-- 10 (a) a reference of, or reference including, a reviewable local 11 government matter mentioned in section 64(1)(g) or (h) that, if 12 implemented, would affect the City of Brisbane; or 13 (b) a reference of another reviewable local government matter that-- 14 (i) the Minister states in the reference of the matter is a major 15 reference; or 16 (ii) the commissioner or an electoral and boundaries review 17 commission declares under section 71 or 71B is a major 18 reference.4 19 "member" for-- 20 (a) a joint local government--includes the president and deputy 21 president of the joint local government; or 22 (b) a local government committee--includes the chairperson and 23 deputy chairperson of the committee; or 24 (c) the Local Government Grants Commission--includes the 25 chairperson and deputy chairperson of the commission; or 26 (d) an electoral and boundaries review commission--means a 27 member of the commission. 28 "minor reference", for a reviewable local government matter, means a 29 reference the commissioner declares, under section 71, is a minor 30 4 A special reference is a major reference under paragraph (a)--see definition "special reference".
s 16 21 s 16 Local Government Legislation Amendment reference, but does not include a reference an electoral and boundaries 1 review commission declares, under section 71B, to be a major 2 reference. 3 "non-compulsory referendum" see section 72F. 4 "oppose", a referendum question, see section 91A. 5 "owner", of land, see-- 6 (a) for chapter 3, part 1--section 63; or 7 (b) for all provisions--section 5. 8 "prescribed offices" see section 8. 9 "question", for a referendum, means the question asked at the referendum. 10 "referendum" means a referendum under chapter 3, part 1, division 4A, 11 for an electoral and boundaries review commission's proposed 12 determination of a reviewable local government matter. 13 "referendum day" see section 92B. 14 "referendum notice", for a referendum, see section 92C. 15 "referendum roll cut-off day", for a referendum, means the day stated in 16 the referendum notice for the referendum as the referendum roll 17 cut-off day. 18 "returning officer", for a referendum, means the person appointed under 19 section 92A as the returning officer for the referendum. 20 "review commissioner" means a review commissioner appointed under 21 chapter 3, part 1, division 5, subdivision 2. 22 "special commission" means an electoral and boundaries review 23 commission established for a special reference of a reviewable local 24 government matter. 25 "special reference", for a reviewable local government matter, means a 26 reference under section 235 of a reviewable local government matter 27 mentioned in section 64(1)(g) or (h) that, if implemented, would affect 28 the City of Brisbane. 29 "voting areas", of an affected area, mean the parts into which an affected 30 area is divided, under a regulation, for a referendum. 31
s 17 22 s 18 Local Government Legislation Amendment of s 6 (Meaning of "conclusion" of local government 1 Amendment election) 2 Clause 17.(1) Section 6, after `of a councillor'-- 3 insert-- 4 `, other than a councillor of the Brisbane City Council,'. 5 (2) Section 6(a), `published'-- 6 omit, insert-- 7 `displayed in the local government's public office'. 8 (3) Section 6(b)(i), `published'-- 9 omit, insert-- 10 `displayed in the local government's public office'. 11 (4) Section 6(c)(i), `published'-- 12 omit, insert-- 13 `displayed in the local government's public office'. 14 (5) Section 6-- 15 insert-- 16 `(2) The "conclusion" of the election of a councillor of the Brisbane City 17 Council is-- 18 (a) for a triennial election--when the names of all candidates elected 19 are published in the gazette; or 20 (b) for a by-election whether or not a poll is conducted--when the 21 name of the candidate elected is published in the gazette.5'. 22 of s 8 (Meaning of "open to inspection") 23 Amendment Clause 18.(1) Section 8(1)(b)-- 24 omit, insert-- 25 5 Electoral Act 1992, section 123(2)(c) provides for publication in the gazette of the name of each candidate elected. That section is applied to the conduct of Brisbane City Council elections--see City of Brisbane Act 1924, section 17(5).
s 19 23 s 19 Local Government Legislation Amendment `(b) if it is a document relating to an electoral and boundaries review 1 commission's examination or determination of a reviewable local 2 government matter-- 3 (i) it must be held in the Electoral Commission's office at 4 Brisbane and the public office of each local government 5 concerned (the "prescribed offices"); and 6 (ii) it may also be held at another office under arrangements 7 made by the commission; and 8 (c) if it is a document of another entity--it must be held in an office 9 of the entity that is open to the public.'. 10 of s 9 (Act applies only so far as expressly provided) 11 Amendment Clause 19.(1) Section 9(2), `· part 1 (Review of local government matters)'-- 12 omit, insert-- 13 `· part 1 (Reviewable local government matters)'. 14 (2) Section 9(2), from `· section 244' to `contest election)'-- 15 omit, insert-- 16 `· chapter 5 (Local government elections) 17 · part 5 (Division of local government areas) 18 · part 6 (Conduct of elections) 19 · section 244 (Qualification for nomination) 20 · section 245 (Prohibition of dual candidature) 21 · section 246 (Leave to local government employee to 22 contest election) 23 · section 249 (Who may nominate)'. 24 (2) Section 9(2) after `· part 4 (Enterprises)'-- 25 insert-- 26 `· chapter 7A (National competition reform of significant business 27 activities)'. 28
s 20 24 s 22 Local Government Legislation Amendment of s 10 (How local government Acts apply to Brisbane 1 Amendment City Council) 2 Clause 20. Section 10(a)-- 3 insert-- 4 `(vii)to a local government's public office includes a reference to 5 the premises kept by the Brisbane City Council as its public 6 office and a place the council has, by resolution or under a 7 local law, declared to be its public office for a stated matter; 8 and 9 (viii)to a triennial election includes a triennial election under the 10 City of Brisbane Act 1924; and 11 (ix) to an election includes a reference to an election under the 12 City of Brisbane Act 1924; and 13 (x) to a councillor includes the mayor and councillors of the 14 Brisbane City Council; and 15 (xi) to a by-election includes a reference to a separate election to 16 fill a vacancy in the office of mayor or other councillor of the 17 Brisbane City Council.'. 18 of s 62 (Local government does not include joint local 19 Replacement government in part) 20 Clause 21. Section 62-- 21 omit, insert-- 22 for pt 1 23 `Definitions `62. In this part-- 24 "commission" means a Local Government Electoral and Boundaries 25 Review Commission established under section 66. 26 "local government" does not include a joint local government.'. 27 of s 63 (Types of local government matters) 28 Replacement Clause 22. Section 63-- 29
s 23 25 s 23 Local Government Legislation Amendment omit, insert-- 1 of "owner" of land for pt 1 2 `Meaning `63.(1) In this part, an "owner" of land6 includes-- 3 (a) the State--if the land-- 4 (i) is State land; or 5 (ii) is to be held as freehold land and is being purchased from 6 the State under an Act; or 7 (iii) is held under a lease from the State; or 8 (iv) is dedicated as a reserve, or granted in fee simple in trust, 9 under the Land Act 1994, chapter 3, part 1; or 10 (v) is held under an occupation permit under an Act, a stock 11 grazing permit under an Act or a permit prescribed under a 12 regulation; or 13 (vi) is held under a permit to occupy under the Land Act 1994; or 14 (vii) is held under a permission to occupy from the Primary 15 Industries Corporation; or 16 (viii)is held under a licence under the Land Act 1994; and 17 (b) if the land is dedicated as a reserve, or granted in fee simple in 18 trust, under the Land Act 1994, chapter 3, part 1--the trustees of 19 the land. 20 `(2) In addition to a person mentioned in subsection (1), a regulation may 21 prescribe another person to be an owner of land for this part.'. 22 of s 64 (Meaning of "reviewable local government 23 Amendment matter") 24 Clause 23.(1) Section 64-- 25 insert-- 26 `(1A) However, for subsection (1)(d), (i), (j) or (k)-- 27 6 This section extends the meaning of "owner", of land, for this part--see section 4, definition "owner" and section 5 (Meaning of "owner" of land).
s 24 26 s 25 Local Government Legislation Amendment (a) Brisbane City Council is not a local government; and 1 (b) the City of Brisbane is not a local government area. 2 `(1B) Also, for subsection (1)(a), the City of Brisbane is not a local 3 government area except to the extent the provision relates to creating a new 4 local government area from a part excluded from the City of Brisbane. 5 `(1C) In addition, for subsection (1)(f), the City of Brisbane is not a local 6 government area except to the extent the provision relates to the merging of 7 an abolished local government area with the City of Brisbane.'. 8 (2) Section 64-- 9 insert-- 10 `(2A) Without limiting subsection (2), naming the electoral wards of the 11 City of Brisbane is an aspect of the matters mentioned in subsection (1)(g) 12 and (h).'. 13 of s 65 (Meaning of "referable local government matter") 14 Replacement Clause 24. Section 65-- 15 omit, insert-- 16 of "limited reviewable local government matter" 17 `Meaning `65.(1) Changing the external boundaries of a local government area by 18 excluding part of the local government area and including the part in another 19 local government area is a "limited reviewable local government matter" 20 if the local governments for the areas and all owners of land in the part have 21 agreed to the change. 22 `(2) Also, including in a local government area a part of the State that is 23 not part of a local government area is a "limited reviewable local 24 government matter" if the local government for the area and all owners of 25 land in the part have agreed to the inclusion.'. 26 of ch 3, pt 1, divs 2 and 3 27 Replacement Clause 25. Chapter 3, part 1, divisions 2 and 3-- 28 omit, insert-- 29
s 25 27 s 25 Local Government Legislation Amendment 2--Local Government Electoral and Boundaries Review 1 `Division Commissions 2 `Subdivision 1--Establishment, constitution and functions of 3 commissions 4 5 `Establishment `66. There is to be a Local Government Electoral and Boundaries Review 6 Commission for-- 7 (a) each reference of a reviewable local government matter made to 8 the commissioner; and 9 (b) each application for determination of a limited reviewable local 10 government matter made to the commissioner.7 11 12 `Constitution `66A.(1) A commission for a special reference of a reviewable local 13 government matter is constituted by-- 14 (a) a person who-- 15 (i) is a judge or former judge of a court of the Commonwealth 16 or a State or Territory; and 17 (ii) has been, or was, a judge for at least 3 years; and 18 (b) the chief executive of a department; and 19 (c) the commissioner or, if the commissioner directs, the deputy 20 commissioner. 21 `(2) A commission for a reference of another reviewable local 22 government matter is constituted by the commissioner or, if the 23 commissioner directs, the deputy commissioner. 24 `(3) However, if the commissioner considers it appropriate for the 25 7 See division 3 (References of, and applications for, reviewable local government matters), subdivision 1 (References to commissioner by Minister) and subdivision 2 (Applications to commissioner by local governments)
s 25 28 s 25 Local Government Legislation Amendment commission under subsection (2) to be partly constituted by review 1 commissioners, the commission is to be partly constituted by the number 2 of review commissioners the commissioner considers appropriate for the 3 reference. 4 `(4) Also, if the Minister has directed in the reference of the matter under 5 subsection (2) that a minimum number of review commissioners partly 6 constitute the commission for the reference, the commission is to be partly 7 constituted by at least that number of review commissioners. 8 `(5) A commission for an application for determination of a limited 9 reviewable local government matter is constituted by the commissioner or, 10 if the commissioner directs, the deputy commissioner. 11 unctions 12 `F `66B. The functions of a commission are, under this part, to-- 13 (a) examine and determine reviewable local government matters; and 14 (b) examine, report and make recommendations to the Minister on 15 implementation issues for reviewable local government matters. 16 2--Business and meetings of commissions 17 `Subdivision onduct of business 18 `C `67. A commission must conduct its business in the way prescribed 19 under a regulation or, in the absence of a regulation, may conduct its 20 business as it considers appropriate. 21 and places of meetings 22 `Times `67A.(1) Meetings of an expanded commission are to be held at the 23 times and places it decides. 24 `(2) However, the chairperson of an expanded commission may at any 25 time call a meeting by giving the other commission members reasonable 26 notice of the meeting. 27
s 25 29 s 25 Local Government Legislation Amendment at meetings 1 `Quorum `67B. Business may be conducted at an expanded commission meeting 2 only if a majority of commission members are present. 3 member 4 `Presiding `67C. At a meeting of an expanded commission-- 5 (a) the chairperson of the commission presides; or 6 (b) in the absence of the chairperson, the commission member 7 chosen by the members present as chairperson for the meeting 8 presides. 9 at meetings 10 `Voting `67D. At a meeting of an expanded commission-- 11 (a) a question is to be decided by a majority of commission 12 members present and voting; and 13 (b) each member (including the member presiding) has a vote on 14 each question to be decided and, if the votes are equal, the 15 member presiding has a casting vote. 16 of interests by members of expanded commission 17 `Disclosure `67E.(1) This section applies if a member of an expanded commission-- 18 (a) has a direct or indirect financial interest in an issue being 19 considered, or about to be considered, at a meeting; or 20 (b) could reasonably be otherwise regarded as having a conflict of 21 interest in an issue being considered, or about to be considered, at 22 a meeting. 23 `(2) The member must disclose to the meeting the member's interest in 24 the issue. 25 `(3) The disclosure must be recorded in the commission's minutes. 26 `(4) Unless the commission otherwise directs the member must not-- 27 (a) be present when the commission considers the issue; and 28
s 25 30 s 25 Local Government Legislation Amendment (b) take part in the commission's decision about the issue. 1 `(5) The member must not be present when the commission is 2 considering whether to give a direction under subsection (4). 3 `(6) If there is another member who must, under subsection (2), also 4 disclose an interest in the issue, the other member must not-- 5 (a) be present when the commission is considering whether to give a 6 direction under subsection (4); or 7 (b) take part in making the decision about giving a direction. 8 `(7) If, because of this section, a member is not present at a commission 9 meeting for considering or deciding the issue, but there would be a quorum 10 if the member were present, the remaining members present are a quorum 11 for considering or deciding the issue at the meeting. 12 provisions for disclosure of interests by commissioner and 13 `Additional deputy commissioner 14 `67F.(1) This section applies if the commissioner or deputy 15 commissioner constituting a commission established for a reference of a 16 reviewable local government matter or an application for determination of a 17 limited reviewable local government matter-- 18 (a) has a direct or indirect financial interest in an issue relating to the 19 matter; or 20 (b) could reasonably be otherwise regarded as having a conflict of 21 interest in an issue relating to the matter. 22 `(2) The member must not take part, or take further part, in any 23 consideration of the reviewable local government matter. 24 `(3) As soon as practicable after the member becomes aware of the 25 application of this section to the issue, the member must-- 26 (a) if the member is the commissioner--direct the deputy 27 commissioner to constitute the commission in the 28 commissioner's place; or 29 (b) if the member is the deputy commissioner--inform the 30 commissioner. 31
s 25 31 s 25 Local Government Legislation Amendment `(4) If subsection (3)(b) applies, the commissioner is to constitute the 1 commission in the deputy commissioner's place. 2 3--Miscellaneous 3 `Subdivision and removal 4 `Resignation `68.(1) A review commissioner who partly constitutes a commission 5 may resign from the commission by giving a signed notice of resignation to 6 the commissioner. 7 `(2) The Acts Interpretation Act 1954, section 25(1)(b) (other than 8 subparagraph (iv)) and (2) to (4) does not apply to the appointment of a 9 review commissioner to partly constitute a commission.8 10 `Division 3--References of, and applications for, reviewable local 11 government matters 12 `Subdivision 1--References to commissioner by Minister 13 may refer certain reviewable local government matters to 14 `Minister commissioner 15 `69.(1) The Minister may refer a reviewable local government matter to 16 the commissioner. 17 `(2) The reference need not separately identify each reviewable local 18 government matter dealt with in, or included in, the reference. 19 `(3) The reference may be in general or specific terms or a combination 20 of general and specific terms. 21 `(4) The reference may specify the reviewable local government matter in 22 any way, including, for example-- 23 (a) naming the local governments the reference directly affects; or 24 8 The Acts Interpretation Act 1954, section 25 deals with incidental powers to a power of appointment.
s 25 32 s 25 Local Government Legislation Amendment (b) describing in a suitable way the geographical area to which the 1 reference relates; or 2 (c) specifying with reasonable certainty things that are, or are not, 3 included in the reference. 4 5 Examples of suitable ways of describing a geographical area-- 6 1. By reference to real property descriptions. 7 2. By reference to a map or plan held by an entity, or to a particular entry in a 8 register kept by an entity, if the map, plan or register is available for inspection by 9 the public. 10 3. By reference to a region of the State that is identifiable with reasonable 11 certainty. 12 4. By reference to areas of named local governments. 13 5. By reference to a part of the area of a named local government that is 14 identifiable with reasonable certainty. `(5) The reference may be made contingent on a determination another 15 commission may make, or proposes to make, on a reference of another 16 reviewable local government matter. 17 of reviewable local government matters to be tabled etc. 18 `References `69A. The Minister must-- 19 (a) table a copy of each reference of a reviewable local government 20 matter in the Legislative Assembly within 7 sitting days after it is 21 given to the commissioner; and 22 (b) give a copy of the reference to each local government mentioned 23 in the reference. 24 by commissioner for reference 25 `Request `69B.(1) The commissioner may ask the Minister to refer a reviewable 26 local government matter to the commissioner. 27 `(2) The request must include reasons for the request. 28 `(3) As soon as practicable after receiving the request, the Minister 29 must-- 30
s 25 33 s 25 Local Government Legislation Amendment (a) refer the matter to the commissioner; or 1 (b) advise the commissioner that the matter will not be referred. 2 `(4) The Minister must table a copy of the request, and the reference or 3 advice, in the Legislative Assembly within 7 sitting days after giving the 4 reference or advice. 5 2--Applications to commissioner by local governments 6 `Subdivision reviewable local government matters 7 `Limited `70.(1) A local government may apply to the commissioner for 8 determination of a limited reviewable local government matter. 9 `(2) However, the application may be made only if each local 10 government that would be affected by the matter if it were implemented (an 11 "affected local government"), has, by resolution, decided to make or 12 support the application. 13 `(3) The application must-- 14 (a) be in the approved form; and 15 (b) be accompanied by-- 16 (i) a report by each affected local government showing that the 17 local government has examined the implementation issues 18 for the matter; and 19 (ii) each affected local government's suggestions about the 20 implementation issues. 21 `(4) The approved form must include-- 22 (a) the relevant agreements mentioned in section 65(1) or (2); and 23 (b) a certificate by each affected local government that the issues 24 prescribed under a regulation under section 76 have been taken 25 into consideration. 26
s 25 34 s 25 Local Government Legislation Amendment `Division 3A--Procedures for major and minor references of reviewable 1 local government matters 2 `Subdivision 1--Preliminary 3 of reviewable local government matters 4 `References `71.(1) As soon as practicable after a special reference of a reviewable 5 local government matter is referred to the commissioner-- 6 (a) the Governor in Council is to appoint the commission members 7 mentioned in section 66A(1)(a) and (b)9 to partly constitute a 8 special commission for the reference; and 9 (b) if the commissioner decides not to partly constitute the 10 commission--the commissioner must direct the deputy 11 commissioner to partly constitute the commission. 12 `(2) As soon as practicable after another reference of a reviewable local 13 government matter is referred to the commissioner, the commissioner 14 must-- 15 (a) if the reference is not a major reference, under the definition 16 "major reference", paragraph (a) or (b)(i)--declare, by gazette 17 notice, whether the reference is a major or minor reference; and 18 (b) decide the constitution of a commission for the reference; and 19 (c) if an expanded commission (other than a special commission) is, 20 under section 66A, to be constituted for the reference--appoint a 21 review commissioner or commissioners to partly constitute the 22 commission. 23 of additional review commissioners 24 `Appointment `71A. The commissioner may, at any time after a commission (other 25 9 The commission members under section 66A(1)(a) and (b) are a judge, or former judge, with standing of at least 3 years and the chief executive of a department.
s 25 35 s 25 Local Government Legislation Amendment than a special commission) is established, appoint a review commissioner, 1 or an additional review commissioner, to partly constitute the commission. 2 may declare major references 3 `Commissions `71B.(1) This section applies if a commission is established for a 4 reference of a reviewable local government matter the commissioner has 5 declared is a minor reference. 6 `(2) The commission may, at any time before it makes a final 7 determination of the matter, declare, by gazette notice, the reference is a 8 major reference. 9 `(3) To remove any doubt, if a commission makes a declaration under 10 subsection (2)-- 11 (a) subdivision 2 applies to the reference of the matter; and 12 (b) the commission continues in existence to determine the matter. 13 must have regard to prescribed issues 14 `Commissions `71C.(1) When considering a reviewable local government matter, a 15 commission must have regard to the issues that may be prescribed under a 16 regulation. 17 `(2) If the matter relates to the external boundaries of a local government 18 area, the commission also must have regard to the need to ensure the 19 provision of efficient and effective local government in the area. 20 on determinations for City of Brisbane 21 `Restrictions `71D.(1) A commission must not make a determination of a reviewable 22 local government matter mentioned in section 64(1)(g) or (h) that would, if 23 implemented, result in a change in the number of electoral wards for the 24 City of Brisbane.10 25 `(2) If the naming of electoral wards of the City of Brisbane is an aspect 26 of a reviewable local government matter, a commission must not determine 27 10 Under the City of Brisbane Act 1924, section 14A, the City of Brisbane is divided into 26 electoral wards for the election of councillors (other than the mayor).
s 25 36 s 25 Local Government Legislation Amendment that a name of an electoral ward be a name that is the name of an electoral 1 district under the Electoral Act 1992. 2 `Subdivision 2--Major references of reviewable local government 3 matters 4 of subdivision 5 `Application `72. This subdivision applies for a reviewable local government matter, 6 the subject of a major reference, being considered by a commission. 7 may make inquiries 8 `Commission `72A. In considering the reviewable local government matter, the 9 commission may make the inquiries it considers appropriate.11 10 procedures for certain references 11 `Preliminary `72B.(1) This section applies if-- 12 (a) the reference of the reviewable local government matter is a 13 special reference; or 14 (b) the reference of the reviewable local government matter is a major 15 reference (other than a special reference) and the commission 16 declares, by gazette notice, that this section applies to the 17 reference. 18 `(2) As soon as practicable after the commission's establishment or the 19 declaration, the commission must, by public notice, invite suggestions from 20 persons and entities on the matter. 21 `(3) The notice must state that suggestions are to be given to the 22 commission at a stated address in writing within 30 days after the notice is 23 first published (the "first notice period"). 24 11 If the commission is an expanded commission established to determine a reviewable local government matter the subject of a major reference, the commission's powers of inquiry include the powers under division 4 (Inquiries by expanded commissions).
s 25 37 s 25 Local Government Legislation Amendment `(4) As soon as practicable after the first notice period, the commission 1 must-- 2 (a) ensure copies of all suggestions properly given to it are open to 3 inspection at the prescribed offices and other stated offices; and 4 (b) by public notice-- 5 (i) state that copies of the suggestions are open to inspection at 6 the prescribed offices and other stated offices; and 7 (ii) state that any person or other entity may make written 8 comment on the suggestions within 21 days after the notice 9 is first published (the "second notice period"); and 10 (iii) state the address to which the comments may be sent. 11 `(5) A public notice under subsection (2) or (4) must be published in-- 12 (a) the gazette; and 13 (b) a newspaper circulating generally in the local government areas 14 that would be affected by the matter if it were implemented. 15 `(6) As soon as practicable after the second notice period, the 16 commission must ensure copies of all comments given to it within the 17 period are open to inspection at the prescribed offices and other stated 18 offices. 19 `(7) The suggestions and comments properly given to the commission 20 must be open to inspection until-- 21 (a) if, under section 72C, the commission determines that the matter 22 not be implemented--notification in the gazette of its 23 determination is given; or 24 (b) if the commission proposes to determine that the matter be 25 implemented--the day after the stated day under section 72D. 26 `(8) In determining whether the matter should be implemented, the 27 commission must consider all suggestions and comments properly given to 28 it. 29 not to implement matter 30 `Determination `72C.(1) If the commission determines that the reviewable local 31
s 25 38 s 25 Local Government Legislation Amendment government matter not be implemented, the commission must prepare a 1 report on the matter. 2 `(2) The report must state the determination and reasons for it. 3 notice of proposed determination to implement matter 4 `Public `72D.(1) If the commission proposes to determine that the reviewable 5 local government matter be implemented, the commission must give public 6 notice, by advertisement published at least once in-- 7 (a) the gazette; and 8 (b) a newspaper circulating generally in the local government areas 9 that would be affected by the matter if it were implemented. 10 `(2) The notice must state-- 11 (a) the general effect of the proposed determination and, if applicable, 12 recommendations on implementation issues for the matter; and 13 (b) that particulars of the proposed determination and 14 recommendations, including reasons and any relevant maps, are 15 open to inspection at the prescribed offices and at other stated 16 offices; and 17 (c) that submissions about the proposed determination and 18 recommendations-- 19 (i) may be made, in writing, to the commission at a stated 20 address; and 21 (ii) must state the grounds of the submission and the facts and 22 circumstances relied on in support of the grounds; and 23 (d) a day (the "stated day") on or before which the particulars may 24 be inspected and submissions made. 25 `(3) If the naming of electoral wards of the City of Brisbane is an aspect 26 of the matter, the notice must also state the proposed names of the electoral 27 wards. 28 `(4) If the matter is a reviewable local government matter mentioned in 29 section 64(1)(a) or (f), the notice may also state-- 30 (a) the area the commission considers should be the affected area for 31
s 25 39 s 25 Local Government Legislation Amendment the matter if a compulsory referendum were to be held for the 1 matter; and 2 (b) if the commission considers the affected area should be divided 3 into voting areas--the areas the commission considers should be 4 the voting areas of the affected area. 5 `(5) The stated day must be at least 30 days after the later of-- 6 (a) the publication of the advertisement in the gazette; or 7 (b) the publication, or first publication, of the advertisement in the 8 newspaper. 9 `(6) The particulars are to be open to inspection until the day after the 10 stated day. 11 to consider submissions 12 `Commission `72E.(1) The commission must consider all submissions properly made 13 about the proposed determination and recommendations on implementation 14 issues for the matter. 15 `(2) The commission may amend the proposed determination to take 16 account of the submissions. 17 `(3) However, the commission may substantially amend the proposed 18 determination only if the commission gives public notice, under 19 section 72D, of the amended proposed determination and recommendations 20 on implementation issues for the matter. 21 `(4) Section 72D and this section apply to the amended proposed 22 determination as if it were the proposed determination. 23 of referendum 24 `Holding `72F.(1) A referendum (a "compulsory referendum") must be held in 25 relation to the commission's proposed determination of the reviewable local 26 government matter if-- 27 (a) the matter is a reviewable local government matter mentioned in 28 section 64(1)(a) or (f); and 29 (b) after considering the submissions, the commission proposes to 30
s 25 40 s 25 Local Government Legislation Amendment make a final determination that the matter be implemented. 1 `(2) Also, the commission may decide that a referendum (a 2 "non-compulsory referendum") be held in relation to the commission's 3 proposed determination of the reviewable local government matter if-- 4 (a) the matter is a reviewable local government matter mentioned in 5 section 64(1)(c) or (e); and 6 (b) after considering the submissions, the commission proposes to 7 make a final determination that the matter be implemented; and 8 (c) the commission considers a referendum should be held for the 9 matter. 10 `(3) However, the commission may decide to hold a non-compulsory 11 referendum only after it has consulted with the local governments that 12 would be affected by the matter if it were implemented.12 13 final determination and preparation of report 14 `Making `72G.(1) The commission must make a final determination of the 15 reviewable local government matter and prepare a report for the Minister on 16 the matter as soon as practicable after-- 17 (a) if a referendum is held for the commission's proposed 18 determination of the matter--the final result of the referendum for 19 the matter is notified; or 20 (b) if a referendum is not held for the commission's proposed 21 determination of the matter--the commission completes its 22 consideration of submissions properly made about the matter. 23 `(2) The report must-- 24 (a) state the determination and reasons for it and, if applicable, 25 include recommendations on implementation issues for the 26 matter; and 27 (b) include a summary of-- 28 (i) the submissions made to the commission on the matter; and 29 12 Division 4A applies to the holding of compulsory and non-compulsory referendums.
s 25 41 s 25 Local Government Legislation Amendment (ii) if section 72B 13 applies to the matter--the suggestions and 1 comments properly given to the commission on the matter; 2 and 3 (c) be accompanied by copies of the submissions and, if applicable, 4 the suggestions and comments. 5 `(3) Also, if a referendum is held for the commission's proposed 6 determination of the matter, the report must-- 7 (a) state the final result of the referendum; and 8 (b) if the referendum is a compulsory referendum and the 9 referendum question is not approved--be accompanied by a copy 10 of the commission's proposed determination and, if applicable, 11 its recommendations on implementation issues for the matter and 12 the reasons for them. 13 `(4) If a compulsory referendum has been held for the commission's 14 proposed determination of the matter, the commission-- 15 (a) must determine that the matter be implemented if the referendum 16 question is approved by the affected area for the matter; but 17 (b) must determine that the matter not be implemented if the 18 referendum question is not approved by the affected area for the 19 matter. 20 `(5) If a non-compulsory referendum has been held for the 21 commission's proposed determination of the matter, the commission may 22 determine that the matter be implemented regardless of whether the 23 referendum question is approved by the affected area for the matter. 24 of determination and report to Minister 25 `Notification `72H.(1) The commission must-- 26 (a) give notification of its final determination, or its determination 27 under section 72C-- 28 (i) by gazette notice; and 29 (ii) by advertisement published in a newspaper circulating 30 13 Section 72B (Preliminary procedures for certain references)
s 25 42 s 25 Local Government Legislation Amendment generally in the local government areas affected by the 1 determination; and 2 (b) give to the Minister a copy of the gazette notice and the 3 commission's report on the matter; and 4 (c) give a copy of the report to the local governments affected by the 5 determination. 6 `(2) The notification must-- 7 (a) contain a summary of the determination; and 8 (b) state that the commission's report on the matter is-- 9 (i) open to inspection; and 10 (ii) available for purchase at the Electoral Commission's office 11 at Brisbane; and 12 (c)-- 13 (i) if the commission determines the matter be 14 implemented--state that the matter is to be implemented by 15 regulation; or 16 (ii) if section 72J applies to the matter--state in general terms 17 the effect of the section. 18 of matter on commission's report 19 `Implementation `72I.(1) If the commission determines that the reviewable local 20 government matter be implemented, the Governor in Council must 21 implement the matter as soon as practicable after the Minister receives a 22 copy of the gazette notice and the commission's report on the matter. 23 `(2) If a regulation is made to implement the matter and the regulation is 24 to commence on a later day fixed in it, for subsection (1), the matter must 25 not be taken not to have been implemented as soon as practicable merely 26 because of the later commencement. 27 28 Examples of subsection (2)-- 29 1. Because of the holding of triennial elections under this Act, or fresh elections 30 under the regulation, the regulation may commence after its notification. 31 2. Because of financial implications, the regulation may commence at the start of
s 25 43 s 25 Local Government Legislation Amendment 1 a financial year. `(3) Subsection (1) has effect subject to section 107.14 2 of matter at request of Legislative Assembly 3 `Implementation `72J.(1) This section applies if-- 4 (a) a compulsory referendum has been held for the commission's 5 proposed determination of the reviewable local government 6 matter; and 7 (b) the commission determines that the matter not be implemented 8 because the referendum question was not approved by the 9 affected area for the matter. 10 `(2) Within 7 sitting days after the Minister tables the commission's 11 report on the matter, the Legislative Assembly may resolve that the 12 Governor in Council be asked to make a regulation implementing the 13 matter. 14 `(3) If the Legislative Assembly resolves that the Governor in Council be 15 asked to implement the matter, the Governor in Council must implement 16 the matter as soon as practicable after the resolution is passed. 17 `(4) If a regulation is made to implement the matter and the regulation is 18 to commence on a later day fixed in it, for subsection (3), the matter must 19 not be taken not to have been implemented as soon as practicable merely 20 because of the later commencement. 21 22 Examples of subsection (4)-- 23 1. Because of the holding of triennial elections under this Act, or fresh elections 24 under the regulation, the regulation may commence after its notification. 25 2. Because of financial implications, the regulation may commence at the start of 26 a financial year. 14 Section 107 (Requirement before implementation)
s 25 44 s 25 Local Government Legislation Amendment 3--Minor references of reviewable local government 1 `Subdivision matters 2 of subdivision 3 `Application `73. This subdivision applies for a reviewable local government matter, 4 the subject of a minor reference, being considered by a commission. 5 may make inquiries 6 `Commission `73A. In considering the reviewable local government matter, the 7 commission may make the inquiries it considers appropriate. 8 not to implement matter 9 `Determination `73B.(1) If after considering the reviewable local government matter, the 10 commission determines that the reviewable local government matter not be 11 implemented, the commission must prepare a report on the matter. 12 `(2) The report must state the determination and reasons for it. 13 of proposed determination to implement matter and 14 `Notice recommendations 15 `73C.(1) If the commission proposes to determine that the reviewable 16 local government matter be implemented, the commission-- 17 (a) must give written notice to-- 18 (i) each local government that would be affected by the matter if 19 it were implemented; and 20 (ii) if the matter is a reviewable local government matter 21 mentioned in section 64(1)(c) or (e)--each owner of land in 22 the part the subject of the matter; and 23 (b) may give written notice to anyone else the commission considers 24 would be directly affected by the matter if it were implemented. 25 `(2) The notice must state-- 26 (a) the general effect of the proposed determination and, if applicable, 27
s 25 45 s 25 Local Government Legislation Amendment recommendations on implementation issues for the matter; and 1 (b) that particulars of the proposed determination and 2 recommendations, including reasons and any relevant maps, are 3 open to inspection; and 4 (c) that submissions about the proposed determination and 5 recommendations-- 6 (i) may be made, in writing, to the commission at a stated 7 address; and 8 (ii) must state the grounds of the submission and the facts and 9 circumstances relied on in support of the grounds; and 10 (d) a day (the "stated day") on or before which the particulars may 11 be inspected and submissions made. 12 `(3) The stated day must be at least 30 days after the particulars 13 mentioned in subsection (2)(b) are first open to inspection at the Electoral 14 Commission's office at Brisbane. 15 `(4) The notice given to the local governments must be accompanied by a 16 copy of the particulars mentioned in subsection (2)(b). 17 `(5) The particulars are to be open to inspection until the day after the 18 stated day. 19 to consider submissions 20 `Commission `73D.(1) The commission must consider all submissions properly made 21 about the proposed determination and recommendations on implementation 22 issues for the reviewable local government matter. 23 `(2) The commission may amend the proposed determination to take 24 account of the submissions. 25 `(3) However, the commission may substantially amend the proposed 26 determination only if the commission gives notice, under section 73C, of 27 the amended proposed determination and recommendations on 28 implementation issues for the matter. 29 `(4) Section 73C and this section apply to the amended proposed 30 determination as if it were the proposed determination. 31
s 25 46 s 25 Local Government Legislation Amendment final determination and preparation of report 1 `Making `73E.(1) As soon as practicable after completing its consideration of the 2 submissions, the commission must make a final determination of the 3 matter, and prepare a report for the Minister on the reviewable local 4 government matter. 5 `(2) The report must-- 6 (a) state the determination and reasons for it and, if applicable, 7 include recommendations on implementation issues for the 8 matter; and 9 (b) include a summary of the submissions made to the commission 10 on the matter; and 11 (c) be accompanied by copies of the submissions. 12 of determination and report to Minister 13 `Notification `73F.(1) The commission must-- 14 (a) give notification of its final determination, or its determination 15 under section 73B-- 16 (i) by gazette notice; and 17 (ii) by advertisement published in a newspaper circulating 18 generally in the local government areas affected by the 19 determination; and 20 (b) give to the Minister a copy of the gazette notice and the 21 commission's report on the matter; and 22 (c) give a copy of the report to the local governments affected by the 23 determination. 24 `(2) The notification must-- 25 (a) contain a summary of the determination; and 26 (b) state that the commission's report on the matter is-- 27 (i) open to inspection; and 28 (ii) available for purchase at the Electoral Commission's office 29 at Brisbane; and 30
s 25 47 s 25 Local Government Legislation Amendment (c) if the commission determines the matter be implemented--state 1 that the matter is to be implemented by regulation. 2 of matter 3 `Implementation `73G.(1) If the commission determines that the reviewable local 4 government matter be implemented, the Governor in Council must 5 implement the matter as soon as practicable after the Minister receives a 6 copy of the gazette notice and the commission's report on the matter. 7 `(2) If a regulation is made to implement the matter and the regulation is 8 to commence on a later day fixed in it, for subsection (1), the matter must 9 not be taken not to have been implemented as soon as practicable merely 10 because of the later commencement. 11 12 Examples of subsection (2)-- 13 1. Because of the holding of triennial elections under this Act, the regulation may 14 commence after its notification. 15 2. Because of financial implications, the regulation may commence at the start of 16 a financial year. `(3) Subsection (1) has effect subject to section 107.15 17 3B--Limited reviewable local government matters 18 `Division of division 19 `Application `74.(1) This division applies for an application properly made for a 20 determination of a limited reviewable local government matter. 21 `(2) The application is to be dealt with by a commission determining 22 whether the matter should be implemented. 23 `(3) The commission must determine the application even if the matter 24 is, at any time, the subject of a reference of a reviewable local government 25 matter. 26 15 Section 107 (Requirement before implementation)
s 25 48 s 25 Local Government Legislation Amendment may make inquiries 1 `Commission `75. In considering the limited reviewable local government matter, the 2 commission may make the inquiries it considers appropriate. 3 must have regard to prescribed issues 4 `Commission `76.(1) When considering the limited reviewable local government 5 matter, the commission must have regard to the issues that may be 6 prescribed under a regulation. 7 `(2) If the matter relates to the external boundaries of a local government 8 area, the commission also must have regard to the need to ensure the 9 provision of efficient and effective local government in the area. 10 on determination to implement matter 11 `Restriction `77.(1) This section applies if a local government that would be affected 12 by the limited reviewable local government matter if it were implemented is 13 divided. 14 `(2) The commission must make a determination not to implement the 15 matter if its implementation would result in the margin of allowance for a 16 quota for a local government's area not being departed from.16 17 after determination to implement matter 18 `Action `78.(1) This section applies if the commission determines that the limited 19 reviewable local government matter be implemented. 20 `(2) The commission must-- 21 (a) prepare a report for the Minister on the matter; and 22 (b) give notification of its determination-- 23 (i) by gazette notice; and 24 (ii) by advertisement published in a newspaper circulating 25 generally in the local government areas that will be affected 26 16 See chapter 5 (Local government elections), part 5 (Division of local government areas).
s 25 49 s 25 Local Government Legislation Amendment by the implementation of the matter; and 1 (c) give to the Minister a copy of the gazette notice and the 2 commission's report on the matter; and 3 (d) give a copy of the report to the local governments affected by the 4 determination. 5 `(3) The report must state the determination and reasons for it, and 6 include recommendations on implementation issues for the matter. 7 `(4) The notification must-- 8 (a) contain a summary of the determination; and 9 (b) state that the commission's report on the matter is-- 10 (i) open to inspection; and 11 (ii) available for purchase at the Electoral Commission's office 12 at Brisbane; and 13 (c) state that the determination is to be implemented by regulation. 14 after determination not to implement matter 15 `Action `78A.(1) This section applies if the commission determines that the 16 limited reviewable local government matter not be implemented. 17 `(2) The commission must-- 18 (a) prepare a report for the Minister on the matter; and 19 (b) give written notice of its determination to the landowners whose 20 agreements accompanied the application for the determination of 21 the matter; and 22 (c) give to the Minister a copy of the commission's report on the 23 matter; and 24 (d) give a copy of the report to the local governments whose 25 agreements accompanied the application for determination of the 26 matter. 27 `(3) The report must state the determination and reasons for it. 28 `(4) The notice must state that the commission's report on the matter 29 is-- 30
s 26 50 s 27 Local Government Legislation Amendment (a) open to inspection; and 1 (b) available for purchase at the Electoral Commission's office at 2 Brisbane. 3 of matter 4 `Implementation `79.(1) If the commission determines that the limited reviewable local 5 government matter be implemented, the Governor in Council must 6 implement the matter as soon as practicable after the Minister receives a 7 copy of the commission's report on the matter. 8 `(2) If a regulation is made to implement the matter and the regulation is 9 to commence on a later day fixed in it, for subsection (1), the matter must 10 not be taken not to have been implemented as soon as practicable merely 11 because of the later commencement. 12 13 Examples of subsection (2)-- 14 1. Because of the holding of triennial elections under this Act, the regulation may 15 commence after its notification. 16 2. Because of financial implications, the regulation may commence at the start of 17 a financial year. `(3) Subsection (1) has effect subject to section 107.17'. 18 of s 80 (Commissioner may decide to hold inquiry) 19 Replacement Clause 26. Section 80-- 20 omit, insert-- 21 commission may decide to hold inquiry for certain matters 22 `Expanded `80. In considering a reviewable local government matter the subject of a 23 major reference, an expanded commission may decide to hold an inquiry 24 under this division.'. 25 of ch 3, pt 1, divs 5 and 6 26 Replacement Clause 27. Chapter 3, part 1, divisions 5 and 6-- 27 17 Section 107 (Requirement before implementation)
s 27 51 s 27 Local Government Legislation Amendment omit, insert-- 1 `Division 4A--Referendums 2 `Subdivision 1--Preliminary 3 of div 4A 4 `Application `91. This division applies to a compulsory or non-compulsory 5 referendum to be held in relation to a commission's proposed determination 6 of a reviewable local government matter. 7 "Approving" or "opposing" referendum question 8 ` `91A.(1) This section applies for deciding whether the referendum 9 question for the proposed determination of the reviewable local government 10 matter is approved. 11 `(2) A person "approves" the referendum question if the person 12 answers the question in the affirmative. 13 `(3) If the affected area for the reviewable local government matter is not 14 divided into voting areas, the affected area "approves" the referendum 15 question for the matter if the affected electors for the affected area who vote 16 to approve the question are greater in number than the affected electors who 17 vote to oppose the question. 18 `(4) If the affected area is divided into voting areas-- 19 (a) a voting area "approves" the referendum question if the affected 20 electors for the voting area who vote to approve the question are 21 greater in number than the affected electors who vote to oppose 22 the question; and 23 (b) the affected area "approves" the referendum question if each 24 voting area approves the question. 25 `(5) A person "opposes" the referendum question if the person answers 26 the question in the negative. 27
s 27 52 s 27 Local Government Legislation Amendment `Subdivision 2--Holding referendums 1 of referendum question 2 `Wording `92. The precise wording for the referendum question must be set under 3 a regulation. 4 and role of returning officers for referendum 5 `Appointment `92A.(1) The commissioner must appoint a returning officer and an 6 assistant returning officer for the referendum. 7 `(2) As soon as practicable after making an appointment, the 8 commissioner must, by gazette notice, advise of the appointment. 9 `(3) The returning officer and the assistant returning officer are each 10 entitled to the fees and allowances decided by the commissioner. 11 `(4) The returning officer must conduct the referendum. 12 `(5) If, for any reason, the returning officer cannot perform the functions 13 of office, the assistant returning officer must act as the returning officer. 14 `(6) The returning officer for the referendum must have a public office 15 for the referendum. 16 `(7) The local governments for the affected area must give the returning 17 officer all reasonable assistance the returning officer asks for in conducting 18 the referendum. 19 day 20 `Referendum `92B.(1) The day for holding the referendum for the commission's 21 proposed determination of the reviewable local government matter (the 22 "referendum day") must be a Saturday. 23 `(2) The returning officer must fix the referendum day. 24 `(3) However, the Governor in Council may, by gazette notice, fix as the 25 referendum day a day that is later than the day previously fixed by the 26 returning officer as the referendum day. 27 `(4) If a gazette notice is published under subsection (3), the returning 28 officer must publish a notice giving necessary directions to affected electors 29
s 27 53 s 27 Local Government Legislation Amendment about the procedures to be followed. 1 `(5) The returning officer's notice must be published in a newspaper 2 circulating generally in the affected area. 3 of referendum day and other information 4 `Notice `92C.(1) The returning officer for the referendum must publish a notice 5 (the "referendum notice")-- 6 (a) stating the referendum day for the referendum; and 7 (b) stating the referendum roll cut-off day fixed by the returning 8 officer; and 9 (c) advising whether, and if so to what extent, the referendum is to be 10 conducted by postal ballot; and 11 (d) giving a brief explanation about-- 12 (i) the question for the referendum; and 13 (ii) who is an affected elector; and 14 (e) giving notice of the address and telephone number of the 15 returning officer's public office. 16 `(2) The referendum notice must be published in a newspaper circulating 17 generally in the affected area. 18 `(3) The returning officer may also publish the referendum notice in 19 other ways the returning officer considers appropriate. 20 `(4) The referendum notice must also be displayed in a conspicuous 21 position at the returning officer's public office from as soon as practicable 22 after the referendum notice is first published in a newspaper until 6.00 p.m. 23 on the referendum day. 24 `(5) The returning officer may also display a copy of the referendum 25 notice at other places the returning officer considers appropriate. 26 `(6) The referendum notice may be published before the making or 27 commencement of the regulation setting the precise wording for the 28 question for the referendum. 29 `(7) To the extent the referendum is not conducted by postal ballot, the 30 referendum notice must state-- 31
s 27 54 s 27 Local Government Legislation Amendment (a) the location of ordinary polling booths to be used for the 1 referendum; and 2 (b) that the ordinary voting hours are from 8.00 a.m. and 6.00 p.m. 3 `(8) The referendum roll cut-off day must be at least 5 days, but not 4 more than 7 days, after the referendum notice is first published in a 5 newspaper. 6 rolls 7 `Voters `92D.(1) As soon as practicable after the referendum roll cut-off day, the 8 returning officer must compile a voters roll for-- 9 (a) the affected area for the reviewable local government matter; or 10 (b) if the affected area for the reviewable local government matter is 11 divided into voting areas--each voting area. 12 `(2) A voters roll must consist of persons who, on the referendum roll 13 cut-off day, are electors under the Electoral Act 1992 and are enrolled on an 14 electoral roll for an electoral district, or part of an electoral district, included 15 in the affected area or, if subsection (1)(b) applies, the voting area 16 concerned. 17 `(3) A voters roll-- 18 (a) must be in the form of the electoral roll used for elections of the 19 Legislative Assembly; and 20 (b) must not include an elector's address that, under the Electoral Act 21 1992, is excluded from the publicly available part of an electoral 22 roll. 23 roll to be open to inspection and purchase 24 `Voters `92E.(1) A voters roll is open to inspection until the final result of the 25 referendum for the matter is notified. 26 `(2) The returning officer must sell a copy of a voters roll to anyone who 27 asks to buy it. 28 `(3) The price of a voters roll must be no more than the cost of making a 29 copy of the roll and, if the copy is posted to the purchaser, the postage cost. 30
s 27 55 s 27 Local Government Legislation Amendment statement 1 `Explanatory `92F. The commission for the reviewable local government matter must 2 prepare a statement (the "explanatory statement") about the advantages 3 and disadvantages of the proposed determination that, in the commission's 4 opinion, should be taken into account by an affected elector voting in the 5 referendum. 6 may request information from local government 7 `Commission `92G.(1) The commission for the reviewable local government matter 8 may, by written notice, request a local government to give the commission, 9 in writing, information the commission reasonably needs from the local 10 government for the preparation of an explanatory statement. 11 `(2) The request must specify a reasonable time within which the 12 information must be given to the commission. 13 `(3) The local government must comply with the request. 14 statements to affected electors and display of statements and 15 `Giving proposed determination 16 `92H.(1) The returning officer must give the explanatory statement for 17 the referendum to each affected elector on the voters roll for the affected 18 area or, if the affected area is divided into voting areas, a voting area. 19 `(2) The statement must be given to the affected elector at a reasonable 20 time before the referendum day. 21 `(3) If the referendum is to be conducted by postal ballot for all or part of 22 the affected area, the explanatory statement may be given to an affected 23 elector when the elector is given the ballot paper for the referendum. 24 `(4) An affected elector, other than an affected elector to whom the 25 returning officer has given an explanatory statement, must be given a copy 26 of the statement if the elector asks for it. 27 `(5) The returning officer must display a copy of the explanatory 28 statement and the commission's proposed determination of the matter-- 29 (a) in a prominent place in the returning officer's public office; and 30 (b) at other places the returning officer considers appropriate. 31
s 27 56 s 27 Local Government Legislation Amendment government views on referendum 1 `Local `92I. The provisions of this division do not prevent a local government 2 that considers that it will be affected by the proposed determination of the 3 commission about the reviewable local government matter to which the 4 referendum relates from informing affected electors of its views about the 5 referendum question. 6 voting 7 `Compulsory `92J. Voting at the referendum is compulsory, and each affected elector 8 for the affected area for the reviewable local government matter, or a voting 9 area in the affected area, is entitled to only 1 vote. 10 of referendum 11 `Conduct `92K.(1) Chapter 5 (Local government elections), part 6 (Conduct of 12 elections) applies (with any necessary changes and any additional changes 13 specified in subsection (8) or changes prescribed under a regulation) to the 14 referendum as if the referendum were an election. 15 `(2) Without limiting subsection (1), the necessary changes mentioned in 16 subsection (1) include the non-application of provisions of chapter 5, part 6 17 to the extent that their application is inappropriate or unnecessary. 18 `(3) The application of provisions of chapter 5, part 6 is unnecessary to 19 the extent that the provisions have particular reference to candidates. 20 `(4) Without limiting subsections (2) and (3)-- 21 (a) section 238A (Assistant returning officers) has no application; 22 and 23 (b) chapter 5, part 6, divisions 3 (Candidates for election or 24 appointment) and 11 (Marking of ballot papers) have no 25 application; and 26 (c) chapter 5, part 6, division 4 (Nominations of candidates for 27 election), has no application; and 28 (d) section 271(2)(d) to (f), (3) and (4) (Requirements of ballot 29 papers) does not apply to the ballot paper to be used for the 30 referendum; and 31
s 27 57 s 27 Local Government Legislation Amendment (e) section 272 (Separate ballot papers for separate polls) has no 1 application; and 2 (f) section 273 (Order of listing of candidates' names) has no 3 application; and 4 (g) sections 302 (Effect of ballot papers--optional-preferential 5 voting) and 303 (Effect of ballot papers--first-past-the-post 6 voting) have no application; and 7 (h) in section 311(1) (Official counting of votes) and 312 (Treatment 8 of ballot paper to which objection is made), the reference to a 9 candidate, but not the reference to a scrutineer, may be ignored; 10 and 11 (i) sections 313 (Counting of votes for optional-preferential system) 12 and 314 (Counting of votes for first-past-the-post system) have 13 no application; and 14 (j) section 316(1)(b) (Declaration of poll) has no application; and 15 (k) section 327(1)(b) (Bribery) has no application; and 16 (l) in section 349(2) (Injunctions to restrain contravention of 17 chapter), the reference to a candidate or nominee as a candidate 18 for election may be ignored, but not the reference to the returning 19 officer. 20 `(5) Necessary changes also include the following changes having 21 general operation-- 22 (a) a reference to chapter 5, part 6 is a reference to that part as applied 23 under this section, and is also taken to include a reference to the 24 other provisions of this division; 25 (b) a reference to the returning officer is a reference to the returning 26 officer for the referendum; 27 (c) a reference to an assistant returning officer is a reference to the 28 assistant returning officer for the referendum; 29 (d) a reference to an elector is a reference to an affected elector for the 30 affected area or, if the affected area is divided into voting areas, 31 each voting area in relation to the referendum; 32 (e) a reference to a scrutineer for a candidate is a reference to a 33
s 27 58 s 27 Local Government Legislation Amendment scrutineer for the referendum; 1 (f) a reference to the voters roll is a reference to the voters roll 2 compiled under this division for the affected area or, if the 3 affected area is divided into voting areas, each voting area; 4 (g) a reference to the local government area, or a division of the local 5 government area, is, for the referendum, a reference to-- 6 (i) the affected area; or 7 (ii) a voting area of the affected area; 8 (h) a reference to the local government's public office is a reference 9 to the public office of the returning officer for the referendum; 10 (i) a reference to the poll for the election is a reference to the poll for 11 the referendum; 12 (j) a reference to polling day is a reference to the referendum day for 13 the referendum; 14 (k) a reference to the notice under section 257 (Procedure if number 15 of candidates exceeds number required) is a reference to the 16 referendum notice for the referendum; 17 (l) a reference to the election period is a reference to the period-- 18 (i) starting on the day the referendum notice for the referendum 19 is first published; and 20 (ii) ending at 6.00 p.m. on the referendum day for the 21 referendum; 22 (m) a reference to an electoral officer for an election is a reference to 23 an electoral officer for the referendum. 24 `(6) Necessary changes also include the following changes having more 25 specific operation-- 26 (a) for applying sections 267(6) (Declaration of mobile polling 27 booths), 286(5) (Arrangements for electoral visitor voting) and 28 310(1) (Procedure for processing declaration envelopes), the 29 returning officer for the referendum, instead of advising 30 candidates, must advise the persons and groups who have 31 appointed scrutineers for the referendum; 32
s 27 59 s 27 Local Government Legislation Amendment (b) for applying sections 282(10)(b) (Procedure for voting at polling 1 booth), 287(2)(c) (Help for electors in voting), 294(3)(c) (How 2 declaration vote may be cast at a polling booth) and 297 (Casting 3 a declaration vote by post), a reference to division 11 (Marking of 4 ballot papers) is a reference to the provisions of this division 5 about the marking of a ballot paper; 6 (c) for applying section 287(2)(a) (Help for electors in voting), a 7 reference to stating the names of candidates is a reference to 8 reading out the referendum question; 9 (d) for applying sections 308(1)(c)(ii) and (iii) (Preliminary counting 10 by presiding officer) and 311(3)(b) and (4)(c) (Official counting 11 of votes), the returning officer for the referendum must-- 12 (i) count the number of votes approving the referendum 13 question marked on all formal ballot papers, and keep the 14 ballot papers in a separate parcel; and 15 (ii) count the number of votes opposing the referendum 16 question marked on all formal ballot papers, and keep the 17 ballot papers in a separate parcel; 18 (e) for applying section 308(1)(d)(i) (Preliminary counting by 19 presiding officer), the written statement must set out, in words 20 and numerals, the number of votes approving the referendum 21 question and the number of votes opposing the referendum 22 question; 23 (f) for applying section 311(2) (Official counting of votes), the 24 returning officer for the referendum must ascertain the number of 25 votes approving the referendum question and the number of votes 26 opposing the referendum question; 27 (g) for applying section 311(3) and (4) (Official counting of votes), 28 the returning officer for the referendum must count the number of 29 votes approving the referendum question and the number of votes 30 opposing the referendum question; 31 (h) for applying section 311(5) (Official counting of votes), the 32 returning officer for the referendum must add together the 33 number of votes counted as approving the referendum question 34 and the number of votes counted as opposing the referendum 35
s 27 60 s 27 Local Government Legislation Amendment question; 1 (i) for applying section 312(2) (Treatment of ballot paper to which 2 objection is made), the reference to a vote for a particular 3 candidate is a reference to whether the vote is a vote approving or 4 opposing the referendum question, and the reference to the name 5 of the candidate for whom a vote is counted is a reference to 6 whether the vote is counted as a vote approving or opposing the 7 referendum question; 8 (j) for applying section 317 (Notice of final result of poll), the 9 reference to each candidate is a reference to the commission; 10 (k) the result the returning officer must give under section 317 11 (Notice of final result of poll) as applied under this division is-- 12 (i) if the affected area is divided into voting areas-- 13 (A) for each voting area of the affected area--how the 14 voting area voted on the referendum question, including 15 whether the voting area has approved the referendum 16 question; and 17 (B) for the affected area--whether the affected area has 18 approved the referendum question; or 19 (ii) if the affected area is not divided into voting areas--whether 20 the affected area has approved the referendum question; 21 (l) for applying sections 317A (Resolution about electors who fail to 22 vote), 318(1) and (3)(b) (List of electors failing to vote), 319 23 (Notice of failure to vote etc.), 319A (Payments for failure to 24 vote) and 320 (Recording response to notice), the reference to the 25 local government is a reference to the local government for the 26 local government area, or part of a local government area, for 27 which a person listed as having failed to vote is enrolled; 28 (m) for applying section 321 (Evidentiary value of list under s 318), 29 the reference to the local government's chief executive officer is a 30 reference to the returning officer for the referendum; 31 (n) for applying sections 322 (Disposal of material resulting from 32 election) and 323 (Ballot papers as evidence), a reference to the 33 local government's chief executive officer is a reference to the 34 commissioner, but section 322(4) has no application at all; 35
s 27 61 s 27 Local Government Legislation Amendment (o) for applying section 323A (Notice to electors whose ballot papers 1 are not accepted), the reference to the local government is a 2 reference to the commissioner; 3 (p) for applying section 327(1)(c) (Bribery), the reference to support 4 of, or opposition to, a candidate or a political party is a reference 5 to approval of, or opposition to, the referendum question; 6 (q) sections 333 (No record to be made of vote cast) and 346 (Breach 7 of confidentiality of vote) are about how a person votes at the 8 referendum, rather than the candidate for whom a person votes; 9 (r) for applying section 349 (Injunctions to restrain contravention of 10 chapter), the reference in section 349(1)(b) to chapter 5 is a 11 reference to chapter 5, part 6 as applied under this division, and is 12 also taken to include a reference to the other provisions of this 13 division. 14 `(7) To avoid any doubt, sections 304 (Posted vote presumed valid until 15 contrary proved) and 305 (Formal and informal ballot papers) have 16 application. 17 `(8) The following additional changes are specified-- 18 (a) for applying section 309(1) (Preliminary processing of 19 declaration votes by returning officer), the returning officer need 20 not wait until after 8.00 a.m. on the referendum day to start the 21 preliminary processing of declaration votes under that section, but 22 may start at any time before the referendum day; 23 (b) for applying section 349 (Injunctions to restrain contravention of 24 chapter), an application to the Supreme Court may additionally be 25 made by-- 26 (i) a local government; or 27 (ii) an individual or group of individuals reasonably identified in 28 the community, in the court's opinion, as supporting or 29 opposing the referendum question. 30 `(9) Subsections (2) to (8) do not limit by implication the changes that 31 may be prescribed under a regulation. 32
s 27 62 s 27 Local Government Legislation Amendment 3--Replacement provisions 1 `Subdivision 2 `Preliminary `93. A provision of chapter 5 (Local government elections), part 6 3 (Conduct of elections) has no application to the extent it is inconsistent with 4 the replacement provisions in this subdivision. 5 that poll be conducted by postal ballot 6 `Direction `93A.(1) The Governor in Council may, by gazette notice, direct that the 7 poll for the referendum for the commission's proposed determination of the 8 reviewable local government matter be conducted by postal ballot. 9 `(2) The direction may be given for-- 10 (a) all of the affected area; or 11 (b) a part of the affected area marked on a map. 12 `(3) The map is open to inspection at the place stated in the gazette notice. 13 papers 14 `Ballot `93B. If the affected area for the reviewable local government matter is 15 divided into voting areas, a different coloured ballot paper must be used for 16 each voting area. 17 of voting 18 `Mode `93C.(1) If an affected elector wishes to vote to approve the referendum 19 question, the elector must place a tick in the square opposite the word 20 `YES' on the ballot paper. 21 `(2) If an affected elector wishes to vote to oppose the referendum 22 question, the elector must place a tick in the square opposite the word `NO' 23 on the ballot paper. 24 `(3) An affected elector is taken to have marked a ballot paper in the way 25 mentioned in subsection (1) if the elector-- 26 (a) writes the word `YES' in the square opposite the word `YES' on 27
s 27 63 s 27 Local Government Legislation Amendment the ballot paper; or 1 (b) otherwise marks the ballot paper in a way clearly showing that the 2 voter approves of the referendum question. 3 `(4) An affected elector is taken to have marked a ballot paper in the way 4 mentioned in subsection (2) if the elector-- 5 (a) writes the word `NO' in the square opposite the word `NO' on 6 the ballot paper; or 7 (b) otherwise marks the ballot paper in a way clearly showing that the 8 voter opposes the referendum question. 9 `(5) For the application of section 271(2)(a),18 the approved form of 10 ballot paper must allow for the method of voting stated in this section. 11 of ballot paper 12 `Effect `93D. For a ballot paper to have effect as a vote of an affected elector in 13 the referendum-- 14 (a) the ballot paper must be completed in the way stated in this 15 subdivision; and 16 (b) the ballot paper must not contain any writing or mark (other than 17 a mark authorised under this division) by which the elector can, in 18 the returning officer's opinion, be identified; and 19 (c) the ballot paper must have been put in a ballot box; and 20 (d) for a ballot paper put in a declaration envelope as required under 21 section 29719 as applied under this division-- 22 (i) section 297(1) must have been complied with; and 23 (ii) if the elector is an elector mentioned in section 289 or 29020 24 or an applicant who is given an approved declaration form 25 under section 293(4) or an elector who is given an approved 26 18 Section 271 (Requirements of ballot papers) 19 Section 297 (Casting a declaration vote by post) 20 Section 289 (Who may cast a declaration vote) or 290 (Who must cast a declaration vote in ordinary elections)
s 27 64 s 27 Local Government Legislation Amendment declaration form under section 295(2),21 and the declaration 1 on the envelope is witnessed by a person other than an 2 issuing officer--the signature of the person making the 3 declaration must correspond to the signature of the relevant 4 applicant under section 293, or the relevant elector under 5 section 295; and 6 (iii) if the declaration envelope is posted to the returning officer 7 for the referendum--it must be received by the returning 8 officer within 10 days after the referendum day. 9 10 `Scrutineers `93E.(1) For the appointment of scrutineers for the referendum, a 11 reference in section 276, 277 or 27922 to a candidate for election is a 12 reference to-- 13 (a) a local government for the affected area for the reviewable local 14 government matter; or 15 (b) an individual or group of individuals reasonably identified in the 16 community, in the returning officer's opinion, as supporting or 17 opposing the referendum question. 18 `(2) An individual mentioned may appoint himself or herself as a 19 scrutineer, and a group of individuals may appoint 1 or more of the group 20 as a scrutineer or as scrutineers. 21 `(3) For appointing a scrutineer for a group, the appointment may be 22 made on the group's behalf by any of its members. 23 `(4) The returning officer may reject an appointment if the returning 24 officer reasonably believes that if more scrutineers are appointed, the 25 efficiency of the conduct of the referendum may be adversely affected. 26 `(5) The returning officer may direct 1 or more scrutineers to leave a 27 place if the returning officer reasonably believes that the number of 28 scrutineers at the place may adversely affect the efficiency of the conduct of 29 21 Section 295 (Distribution of ballot papers to electors for postal ballot election) 22 Section 276 (Candidates' entitlement to scrutineers), 277 (Appointment of scrutineers) or 279 (Powers of scrutineers)
s 27 65 s 27 Local Government Legislation Amendment the referendum. 1 `(6) A scrutineer must comply with a direction given under 2 subsection (5). 3 Maximum penalty for subsection (6)--10 penalty units. 4 4--Miscellaneous 5 `Subdivision cost 6 `Referendum `94.(1) The cost of conducting the referendum, including the fees and 7 allowances to which the returning officer and assistant returning officer for 8 the referendum are entitled, must be paid by the local governments 9 prescribed under a regulation for the referendum in the way stated in the 10 regulation. 11 `(2) An amount required for the cost may, without resolution of a local 12 government, be spent by it whether or not the disbursement is provided for 13 in its budget. 14 `(3) An amount may be paid only if the returning officer for the 15 referendum has presented an account to the local government's chief 16 executive officer. 17 of voters roll 18 `Proof `94A. In a proceeding, a document purporting to be a copy of a voters 19 roll for an affected area, or a voting area of an affected area, and to be 20 certified by the returning officer for the referendum, is evidence of the roll 21 and the matters contained in the roll. 22
s 27 66 s 27 Local Government Legislation Amendment 5--Provisions about commission members 1 `Division 1--Commissioner and deputy commissioner 2 `Subdivision may direct deputy commissioner to perform 3 `Commissioner commissioner's functions 4 `95.(1) This section applies if the commissioner-- 5 (a) constitutes, or partly constitutes, a commission; and 6 (b) is unable, for any reason, to perform the functions of the 7 commission or a commission member. 8 `(2) For the purpose of the commission performing a function or 9 exercising a power, the commissioner may direct the deputy commissioner 10 to act in the place of the commissioner. 11 `(3) Anything done by the deputy commissioner in the place of the 12 commissioner is taken to have been done by the commissioner as 13 constituting the commission or as a commission member. 14 2--Appointment, and duration of appointment, of review 15 `Subdivision commissioners 16 17 `Appointment `96.(1) The Governor in Council is to appoint qualified individuals as 18 review commissioners. 19 `(2) The Governor in Council may appoint the number of review 20 commissioners the Governor in Council considers necessary. 21 `(3) An initial appointment as a review commissioner may be made only 22 if the Minister has consulted with the Local Government Association about 23 it. 24 `(4) A person is qualified for appointment as a review commissioner 25 only if the person-- 26 (a) has extensive knowledge and experience in local government, 27 public administration, law, public finance or community affairs; 28
s 27 67 s 27 Local Government Legislation Amendment or 1 (b) has other qualifications and experience the Governor in Council 2 considers appropriate. 3 `(5) A person is not qualified for appointment as a review commissioner 4 if the person-- 5 (a) is a member of an Australian Parliament; or 6 (b) is a nominee for election as a member of an Australian 7 Parliament; or 8 (c) is a councillor; or 9 (d) is a nominee for election as a councillor; or 10 (e) accepts appointment as a councillor; or 11 (f) is a member of a political party. 12 of appointment 13 `Duration `96A. A review commissioner may be appointed for a term not longer 14 than 3 years. 15 3--Terms of appointment, resignation and termination of 16 `Subdivision appointment of certain commission members 17 for subdiv 3 18 `Definition `97. In this subdivision-- 19 "commissioner" means a review commissioner or the chairperson of a 20 special commission.23 21 of appointment 22 `Terms `98.(1) A commissioner is entitled to be paid the remuneration and 23 allowances the Governor in Council may decide. 24 23 The chairperson of a special commission is appointed by the Governor in Council under section 71(1)(a).
s 27 68 s 27 Local Government Legislation Amendment `(2) A commissioner holds office on the terms, not provided in this Act, 1 the Governor in Council decides. 2 3 `Resignation `99. A commissioner may resign by giving a signed notice of resignation 4 to the Minister. 5 of appointment 6 `Termination `100.(1) The Governor in Council may terminate the appointment of a 7 commissioner for misbehaviour or physical or mental incapacity. 8 `(2) The Governor in Council must terminate the appointment of a 9 commissioner if the person-- 10 (a) nominates for election to an Australian Parliament; or 11 (b) nominates for election to a local government or accepts 12 appointment as a local government councillor; or 13 (c) becomes a member of a political party; or 14 (d) becomes bankrupt, applies to take the benefit of a law for the 15 relief of bankrupt or insolvent debtors, compounds with creditors 16 or makes an assignment of remuneration for their benefit; or 17 (e) contravenes section 67E24 without reasonable excuse. 18 `Division 6--Miscellaneous 19 and administrative support 20 `Staff `101. The Electoral Commission must ensure that a commission has the 21 staff and administrative support services required to carry out its functions 22 effectively and efficiently. 23 24 Section 67E (Disclosure of interests by members of expanded commission)
s 27 69 s 27 Local Government Legislation Amendment reports 1 `Annual `102.(1) As soon as practicable, but not later than 4 months, after the end 2 of each financial year, the commissioner must give to the Minister a report 3 of Local Government Electoral and Boundaries Review Commissions' 4 operations for the year (the "review commissions' report"). 5 `(2) The Electoral Commission's annual report prepared under the 6 Electoral Act 1992, section 19, for the year must include the review 7 commissions' report. 8 reports to be tabled etc. 9 `Certain `103.(1) In this section-- 10 "report" means a report on a major or minor reference of a reviewable 11 local government matter.25 12 `(2) The Minister must table a copy of a commission's report in the 13 Legislative Assembly within 7 sitting days after receiving it. 14 open to inspection and available for purchase 15 `Reports `104. The commissioner must ensure copies of each commission's 16 report on a reviewable local government matter or a limited reviewable local 17 government matter-- 18 (a) are open to inspection at the Electoral Commission's office at 19 Brisbane; and 20 (b) are available for purchase at the Electoral Commission's office at 21 Brisbane for 6 months after-- 22 (i) for a report on a major or minor reference of a reviewable 23 local government matter--it is tabled in the Legislative 24 Assembly; or 25 (ii) for a report on a limited reviewable local government 26 25 See sections 72C (Determination not to implement matter) and 72H (Notification of determination and report to Minister) for major references of reviewable local government matters and sections 73B (Determination not to implement matter) and 73F (Notification of determination and report to Minister) for minor references of reviewable local government matters.
s 28 70 s 28 Local Government Legislation Amendment matter--notification of the commission's determination 1 under section 78 or 78A. 2 procedures may be prescribed by regulation 3 `Additional `105. A regulation may be made about additional procedures for the 4 following-- 5 (a) major and minor references of reviewable local government 6 matters; 7 (b) applications relating to limited reviewable local government 8 matters.'. 9 of s 169 (General qualifications for membership) 10 Amendment Clause 28.(1) Section 169(1)-- 11 omit, insert-- 12 `(1) A person is qualified to become a councillor of a local government if 13 the person-- 14 (a) lives in the local government's area; and 15 (b) is, under the Electoral Act 1992, an elector for an electoral district, 16 or a part of an electoral district, included in the local government's 17 area-- 18 (i) for the person's election as a councillor, other than at a 19 Brisbane City Council election--when the voters roll for the 20 election is compiled under section 225 or 353;26 or 21 (ii) for the person's election as councillor of the Brisbane City 22 Council at a triennial election--on 31 January of the year in 23 which the election is to be held; or 24 (iii) for the person's election as a councillor of the Brisbane City 25 Council at an election other than a triennial election--on the 26 26 Section 225 (Cut-off day for voters roll) or 353 (Voters roll for fresh election)
s 29 71 s 30 Local Government Legislation Amendment cut-off day for the electoral rolls for the election;27 or 1 (iv) for the person's appointment as a councillor under 2 section 20228--for at least 30 days before the appointment. 3 4 Example-- 5 For a by-election in division 1 of a local government area, a person who lives in 6 division 2 of the area and is an elector for division 2 of the area, when the voters roll 7 is compiled for division 1, may nominate for election even though the person is not 8 on the voters roll for division 1.'. (2) Section 169(1A)-- 9 omit, insert-- 10 `(1A) A councillor, whether elected or appointed, is qualified to be a 11 councillor of a local government only while the councillor lives in the local 12 government's area and is, under the Electoral Act 1992, an elector for an 13 electoral district, or a part of an electoral district, included in the local 14 government's area.'. 15 of s 170 (General disqualifications) 16 Amendment Clause 29. Section 170, after `qualified to'-- 17 insert-- 18 `be or'. 19 of s 200 (When councillor's office becomes vacant) 20 Amendment Clause 30.(1) Section 200(1), `becomes vacant'-- 21 omit, insert-- 22 `is vacated'. 23 (2) Section 200(1)(a), after `qualified to'-- 24 27 The cut-off day for electoral rolls for an election, other than a triennial election, for Brisbane City Council is decided under the Electoral Act 1992, section 80(1)(b) as applied by the City of Brisbane Act 1924, section 17(5). 28 Section 202 (Filling of later vacancies by appointment)
s 31 72 s 31 Local Government Legislation Amendment insert-- 1 `be or'. 2 of s 202 (Filling of later vacancies by appointment) 3 Amendment Clause 31.(1) Section 202(2), after `appointing a'-- 4 insert-- 5 `qualified'. 6 (2) Section 202(3)-- 7 omit, insert-- 8 `(3) Subsection (3A) applies if-- 9 (a) the last filling of the office of the former councillor was by an 10 election; and 11 (b) the former councillor was a candidate for the election; and 12 (c) the former councillor was nominated for the election by a 13 registered officer of a political party under-- 14 (i) section 250(1)(a);29 or 15 (ii) if the former councillor was a councillor of the Brisbane City 16 Council--the Electoral Act 1992, section 84(1)(a).30 17 `(3A) The new councillor must be the political party's nominee. 18 `(3B) If the last filling of the office of the former councillor was by an 19 appointment of a political party's nominee made in accordance with 20 subsection (3A) or this subsection, the new councillor must be a nominee 21 of the political party.'. 22 (3) Section 202(5)-- 23 omit, insert-- 24 `(5) Subsection (5A) applies if-- 25 29 Section 250 (How and when nomination is given) 30 The Electoral Act 1992, section 84 is applied to nominations for election as a councillor of the Brisbane City Council under the City of Brisbane Act 1924, section 17(5).
s 32 73 s 32 Local Government Legislation Amendment (a) the former councillor held office as mayor; and 1 (b) the last filling of the office of mayor was at an election; and 2 (c) the former councillor was a candidate for the election; and 3 (d) the former councillor was nominated for the election by a 4 registered officer of a political party under-- 5 (i) section 250(1)(a);31 or 6 (ii) if the former councillor was a councillor of the Brisbane City 7 Council--the Electoral Act 1992, section 84(1)(a).32 8 `(5A) The person appointed under subsection (4) must be the political 9 party's nominee. 10 `(5B) If the last filling of the office of mayor was by an appointment of a 11 political party's nominee made in accordance with subsection (5A) or this 12 subsection, the person appointed under subsection (4) must be a nominee of 13 the political party.'. 14 (4) Section 202(6), `(3)'-- 15 omit, insert-- 16 `(2)'. 17 (5) Section 202(8), definition-- 18 omit, insert-- 19 ` "qualified person" means a person who is qualified to become a 20 councillor of the local government.'. 21 of new s 219A 22 Insertion Clause 32. Chapter 5, part 1, after section 219-- 23 insert-- 24 31 Section 250 (How and when nomination is given) 32 The Electoral Act 1992, section 84 is applied to nominations for election as a councillor of the Brisbane City Council under the City of Brisbane Act 1984, section 17(5).
s 33 74 s 34 Local Government Legislation Amendment governments responsible for expenditure for conducting 1 `Local elections 2 `219A. A local government is responsible for expenditure incurred for 3 the conduct of an election in its local government area.'. 4 of s 220 (Chief executive officer is returning officer) 5 Amendment Clause 33. Section 220(2), `if chief executive officer cannot act'-- 6 omit, insert-- 7 `in place of the chief executive officer'. 8 of s 221 (Appointment of returning officer if chief 9 Replacement executive officer cannot act) 10 Clause 34. Section 221-- 11 omit, insert-- 12 of returning officer in place of the chief executive officer 13 `Appointment `221.(1) If the chief executive officer considers on reasonable grounds 14 that it is appropriate to appoint another individual as returning officer for an 15 election, the chief executive officer may make the appointment in the 16 approved form. 17 `(2) An individual who is not a current employee of the local government 18 cannot be appointed as returning officer for an election unless the chief 19 executive officer-- 20 (a) has to the extent practicable, by public notice in a newspaper 21 circulating generally in the local government area and in any other 22 newspaper the chief executive officer considers appropriate, 23 invited expressions of interest from individuals who are suitably 24 qualified to conduct elections; and 25 (b) if the chief executive officer considers it appropriate--has invited 26 submissions for appointment as returning officer from any 27 individual the chief executive officer considers may be suitably 28 qualified to conduct elections; and 29 (c) has taken into account-- 30
s 35 75 s 35 Local Government Legislation Amendment (i) the individual's qualifications to be a returning officer; and 1 (ii) information supplied by the individual and any referees; and 2 (iii) the cost of the individual providing the services required. 3 `(3) Subsections (4) to (6) apply if a returning officer appointed by the 4 chief executive officer is, for any reason, unable to perform the duties of the 5 returning officer. 6 `(4) If possible, the returning officer must immediately inform the chief 7 executive officer. 8 `(5) The chief executive officer may become the returning officer or 9 appoint another individual to be the returning officer for the election. 10 `(6) To the extent practicable, subsection (2) applies to the appointment 11 of a returning officer under subsection (5) who is not a current employee of 12 the local government. 13 `(7) If the chief executive officer believes he or she cannot properly 14 perform the duties of returning officer for an election because of a possible 15 conflict of interest, the chief executive officer must ask the Minister to 16 appoint another individual as returning officer for the election. 17 `(8) The Minister may appoint another individual as returning officer for 18 the election.'. 19 of s 233 (Quota to be complied with in division of local 20 Amendment government area and assignment of councillors) 21 Clause 35.(1) Section 233(1), from `complied with'-- 22 omit, insert-- 23 `complied with in the determination of-- 24 (a) a reviewable local government matter (other than a limited 25 reviewable local government matter); or 26 (b) a limited reviewable local government matter.'. 27 (2) Section 233(3)-- 28 omit, insert-- 29 `(3) For subsection (1)(a), the quota must be worked out as near as 30
s 36 76 s 37 Local Government Legislation Amendment practicable to the time notice of the proposed determination of the matter is 1 given under section 72D or 73C.33 2 `(4) For subsection (1)(b), the quota must be worked out as near as 3 practicable to the time notification in the gazette of the determination of the 4 matter is given under section 78.34'. 5 of new s 238A 6 Insertion Clause 36. After section 238-- 7 insert-- 8 returning officers 9 `Assistant `238A.(1) The returning officer for an election may appoint 1 or more 10 assistant returning officers for the election. 11 `(2) An appointment under subsection (1) must be in the approved 12 form.'. 13 of s 240 (Issuing officers) 14 Amendment Clause 37.(1) Section 240(1), after `adults'-- 15 insert-- 16 `("issuing officers")'. 17 (2) Section 240-- 18 insert-- 19 `(3) Anything done by an issuing officer under subsection (1)(b) is taken 20 to be done by the returning officer or the presiding officer.'. 21 33 Section 72D (Public notice of proposed determination to implement matter) and section 73C (Notice of proposed determination to implement matter and recommendations) 34 Section 78 (Action after determination to implement matter)
s 38 77 s 39 Local Government Legislation Amendment of s 242 (Returning officer may act through authorised 1 Replacement issuing officer) 2 Clause 38. Section 242-- 3 omit, insert-- 4 officer may act through other officers 5 `Returning `242. If-- 6 (a) the returning officer may, under this part, do anything; and 7 (b) the returning officer authorises an assistant returning officer, 8 presiding officer or issuing officer (the "authorised officer") to 9 do the thing; and 10 (c) the authorised officer does the thing; 11 the thing is taken to have been done by the returning officer. 12 13 Examples-- 14 1. For an election, if the returning officer authorises an assistant returning officer 15 to conduct the election in a division, and the assistant returning officer does so, the 16 returning officer is taken to have conducted the election in the division. 17 2. For an election, if the returning officer authorises an assistant returning officer 18 to carry out the functions of the returning officer under section 311,35 the returning 19 officer is taken to have carried out those functions. 20 3. Under section 297, declaration envelopes are to be posted or given to the 21 returning officer. For an election, the returning officer could authorise an issuing 22 officer to receive declaration envelopes, to remove the declaration envelopes 23 containing the ballot papers from the return address envelopes and place the 24 declaration envelopes in a ballot box.'. of new s 242A 25 Insertion Clause 39. After section 242-- 26 insert-- 27 returning officer may act through certain authorised 28 `Assistant officers 29 `242A. If-- 30 35 Section 311 (Official counting of votes)
s 40 78 s 43 Local Government Legislation Amendment (a) an assistant returning officer may, under this part, do anything; 1 and 2 (b) the assistant returning officer authorises a presiding officer or 3 issuing officer to do the thing; and 4 (c) the presiding officer or issuing officer does the thing; 5 the thing is taken to have been done by the assistant returning officer.'. 6 of s 244 (Qualification for nomination) 7 Amendment Clause 40. Section 244(1), `appointment to a'-- 8 omit, insert-- 9 `appointment to the'. 10 of s 247 (Endorsed candidates must identify endorsement) 11 Repeal Clause 41. Section 247-- 12 omit. 13 of s 249 (Who may nominate) 14 Amendment Clause 42. Section 249-- 15 insert-- 16 `(2) This section applies to the Brisbane City Council.'. 17 of new s 251A 18 Insertion Clause 43. After section 251-- 19 insert-- 20 grounds for deciding a person is not properly nominated 21 `Special `251A.(1) In this section-- 22 "nomination name" means the name proposed by a candidate to be used 23
s 43 79 s 43 Local Government Legislation Amendment on the ballot paper as the candidate's name under section 271(3).36 1 "parliamentary party" means an organisation-- 2 (a) whose object or activity, or 1 of whose objects or activities, is the 3 promotion of the election to an Australian parliament of a 4 candidate or candidates endorsed by it or by a body or 5 organisation of which it forms a part; and 6 (b) of which at least 1 member is a member of an Australian 7 parliament. 8 "party name" means the name, or an abbreviation or acronym of the name 9 of-- 10 (a) a parliamentary party; or 11 (b) a political party; or 12 (c) an organisation or group whose object or activity, or 1 of whose 13 objects or activities, is the promotion of the election of a candidate 14 or candidates endorsed by it or by a body or organisation of 15 which it forms a part to-- 16 (i) an Australian parliament; or 17 (ii) an office of councillor of a local government. 18 "public body name" means the name, or an abbreviation or acronym of 19 the name, of a prominent public body. 20 `(2) The returning officer may decide that a person whose name has been 21 changed is not properly nominated because the nomination name-- 22 (a) is a party name; or 23 (b) so nearly resembles a party name that it is likely to be confused 24 with or mistaken for the party name; or 25 (c) includes the word `independent'; or 26 (d) is a public body name; or 27 (e) so nearly resembles a public body name that it is likely to be 28 confused with or mistaken for the public body name; or 29 36 Section 271 (Requirements of ballot papers)
s 44 80 s 44 Local Government Legislation Amendment (f) is obscene or offensive. 1 `(3) The returning officer may also decide that a person whose name has 2 been changed is not properly nominated if the returning officer considers 3 the name could cause confusion. 4 5 Example of subsection (3)-- 6 If a person's name is Informal, the returning officer may consider that the name 7 could cause confusion to electors. `(4) If the returning officer decides a person is not properly nominated 8 under this section for an election, the returning officer must give the person 9 a notice stating-- 10 (a) the decision; and 11 (b) the reasons for the decision; and 12 (c) the person's right to apply for an injunction.37'. 13 of s 252 (Certificate of returning officer) 14 Amendment Clause 44.(1) Section 252-- 15 insert-- 16 `(1A) The certificate must specify the time, day and place proposed for a 17 draw, if necessary, for the order of listing of candidates' names on the ballot 18 paper.'. 19 (2) Section 252(3)(c)-- 20 omit, insert-- 21 `(c) documentary evidence produced by the nominee or nominator 22 that at the time the voters roll is compiled for the election-- 23 (i) the nominator is an elector for the election or the registered 24 officer under the Electoral Act 1992 of a political party; or 25 (ii) the nominee is, under the Electoral Act 1992, an elector for 26 an electoral district, or part of an electoral district, included in 27 the local government's area.'. 28 37 For a person's right to seek an injunction, see section 349 (Injunctions to restrain contravention of chapter).
s 45 81 s 48 Local Government Legislation Amendment of s 264 (Direction that poll be conducted by postal 1 Amendment ballot) 2 Clause 45. Section 264(3), after `inspection'-- 3 insert-- 4 `at the public office of the local government'. 5 of s 265 (Polling booths--general) 6 Amendment Clause 46. Section 265-- 7 insert-- 8 `(4) The returning officer may arrange for all polling booths or specified 9 polling booths for an election in a division of the local government area to 10 also be used for any other election conducted at the same time for, or for a 11 division of, the local government area.'. 12 of s 273 (Order of listing of candidates' names) 13 Amendment Clause 47. Section 273(5)-- 14 omit, insert-- 15 `(5) The returning officer must allow each candidate, or the candidate's 16 representative, to be present when the order of candidates' names is 17 decided.'. 18 of s 293 (Distribution of ballot papers to electors who 19 Amendment may or must cast declaration vote) 20 Clause 48.(1) Section 293(3), `and the approved declaration envelope'-- 21 omit, insert-- 22 `, the approved declaration envelope and written instructions in the 23 approved form on how the vote may be cast'. 24 (2) Section 293(5), `and the approved declaration envelope'-- 25 omit, insert-- 26 `, the approved declaration envelope and written instructions in the 27
s 49 82 s 49 Local Government Legislation Amendment approved form on how the vote may be cast'. 1 (3) Section 293(6), `prepaid'-- 2 omit, insert-- 3 `reply paid'. 4 (4) Section 293-- 5 insert-- 6 `(7) The returning officer may give things to be given to an applicant 7 under subsection (3) or (5) by posting the things to the applicant's address 8 stated in the voters roll, an electoral roll mentioned in the Electoral Act 9 1992, section 58(5),38 the application or the declaration form. 10 11 Example of addresses-- 12 An applicant's address could be stated as a residential address, post office box 13 number, mail service number or in another appropriate way. `(8) If things mentioned in subsection (6) are posted to an address 14 outside Australia, the envelope mentioned in subsection (6) need not be 15 reply paid.'. 16 of s 295 (Distribution of ballot papers to electors for 17 Amendment postal ballot election) 18 Clause 49.(1) Section 295(1), `and approved declaration envelope'-- 19 omit, insert-- 20 `, the approved declaration envelope and written instructions in the 21 approved form on how the vote may be cast'. 22 (2) Section 295(3), `and the approved declaration envelope'-- 23 omit, insert-- 24 `, the approved declaration envelope and written instructions in the 25 approved form on how the vote may be cast'. 26 (3) Section 295(4), `prepaid'-- 27 38 An electoral roll mentioned in the Electoral Act 1992, section 58(5) may be in a form other than a printed form.
s 50 83 s 50 Local Government Legislation Amendment omit, insert-- 1 `reply paid'. 2 (4) Section 295-- 3 insert-- 4 `(5) The returning officer may post the things to an elector under 5 subsection (1), by posting them to the elector's address stated in the voters 6 roll or an electoral roll mentioned in the Electoral Act 1992, section 58(5).39 7 `(6) The returning officer may give the things to a person to whom 8 subsection (2) applies by posting them to the elector's address stated in the 9 voters roll or an electoral roll mentioned in the Electoral Act 1992, 10 section 58(5), or to another address given by the person. 11 `(7) The returning officer may give the things to an elector under 12 subsection (3), by posting them to the elector's address stated in the voters 13 roll, an electoral roll mentioned in the Electoral Act 1992, section 58(5)40 or 14 the declaration form. 15 16 Example of addresses for subsections (6) and (7)-- 17 An address could be stated as a residential address, post office box number, mail 18 service or in another appropriate way. `(8) If things for an elector mentioned in subsection (4) are posted to an 19 address outside Australia, the envelope mentioned in subsection (4) need 20 not be reply paid.'. 21 of s 298 (Declaration voting before polling day) 22 Amendment Clause 50.(1) Section 298(1), after `declare'-- 23 insert-- 24 `at least'. 25 (2) Section 298(1)(c)-- 26 39 An electoral roll mentioned in the Electoral Act 1992, section 58(5) may be in a form other than a printed form. 40 An electoral roll mentioned in the Electoral Act 1992, section 58(5) may be in a form other than a printed form.
s 51 84 s 52 Local Government Legislation Amendment omit, insert-- 1 `(c) another convenient place in the local government area.'. 2 of new s 298A 3 Insertion Clause 51. After section 298-- 4 insert-- 5 of declaration envelopes when separate ballot papers or 6 `Distribution polls on same day 7 `298A.(1) This section applies if a local government-- 8 (a) under section 272, 41 instructs the use of separate ballot papers in 9 polls for elections of the mayor and another councillor conducted 10 on the same day; or 11 (b) under this part, conducts a poll under chapter 6, part 2 (Polls)42 12 on the day of the poll for an election. 13 `(2) In the conduct of the polls-- 14 (a) only 1 declaration envelope may be distributed to a declaration 15 voter with the ballot papers for use in the polls; and 16 (b) this part, other than this section, applies (with any necessary 17 changes) as if the references to the distribution, marking and other 18 dealing with a ballot paper were a reference to all or each of the 19 ballot papers in the polls, as the case requires.'. 20 of s 302 (Effect of ballot papers--optional-preferential 21 Amendment voting) 22 Clause 52. Section 302(2)(d)(ii)-- 23 omit, insert-- 24 41 Section 272 (Separate ballot papers for separate polls) 42 Chapter 6, part 2 (Polls)
s 53 85 s 53 Local Government Legislation Amendment `(ii) if the elector is an elector mentioned in section 289 or 290,43 1 or an applicant who is given an approved declaration form 2 under section 293(4)44 or an elector who is given an 3 approved declaration form under section 295(2),45 and the 4 declaration on the envelope is witnessed by a person other 5 than an issuing officer--the signature of the person making 6 the declaration must correspond to the signature of the 7 relevant applicant under section 293, or the relevant elector 8 under section 295; and'. 9 of s 303 (Effect of ballot papers--first-past-the-post 10 Amendment voting) 11 Clause 53.(1) Section 303(2)(d)(ii)-- 12 omit, insert-- 13 `(ii) if the elector is an elector mentioned in section 289 or 29046 14 or an applicant who is given an approved declaration form 15 under section 293(4)47 or an elector who is given an 16 approved declaration form under section 295(2),48 and the 17 declaration on the envelope is witnessed by a person other 18 than an issuing officer--the signature of the person making 19 the declaration must correspond to the signature of the 20 relevant applicant under section 293, or the relevant elector 21 under section 295; and'. 22 (2) Section 303(3), `If 2 or more candidates are to be elected, a'-- 23 43 Section 289 (Who may cast a declaration vote) or 290 (Who must cast a declaration vote in ordinary elections) 44 Section 293 (Distribution of ballot papers to electors who may or must cast declaration vote) 45 Section 295 (Distribution of ballot papers to electors for postal ballot election) 46 Section 289 (Who may cast a declaration vote) or 290 (Who must cast a declaration vote in ordinary elections) 47 Section 293 (Distribution of ballot papers to electors who may or must cast declaration vote) 48 Section 295 (Distribution of ballot papers to electors for postal ballot election)
s 54 86 s 55 Local Government Legislation Amendment omit, insert-- 1 `A'. 2 of s 308 (Preliminary counting by presiding officer) 3 Amendment Clause 54.(1) Section 308(2)(c), after `statement'-- 4 insert-- 5 `in the approved form'. 6 (2) Section 308(3)-- 7 omit, insert-- 8 `(3) The returning officer or other person who receives things from the 9 presiding officer under subsection (2) must give to the presiding officer a 10 receipt for the things. 11 `(4) The presiding officer may do anything required under subsection (1) 12 or (2) through an issuing officer authorised by the presiding officer for that 13 purpose. 14 15 Example for subsection (4)-- 16 An issuing officer could be authorised to sort and bundle ballot papers and prepare 17 a reconciliation statement for the presiding officer.'. of s 310 (Procedure for processing declaration envelopes) 18 Amendment Clause 55.(1) Section 310(2) and (3)-- 19 omit, insert-- 20 `(2) On examining the declaration envelopes, if the returning officer is 21 satisfied the declaration has been properly completed, the envelope is sealed 22 and the declarant on the envelope is entitled to cast a declaration vote, the 23 returning officer must-- 24 (a) detach the elector's declaration from the envelope; and 25 (b) either-- 26 (i) place a mark in ink against the declarant's name on the 27 voters roll; or 28 (ii) if the voters roll is kept in an electronic form--record in a 29
s 56 87 s 56 Local Government Legislation Amendment way approved by the returning officer that the declarant has 1 voted; and 2 (c) place the envelope containing the ballot paper (the "accepted 3 envelope") in a locked or sealed ballot box; and 4 (d) keep the accepted envelope in the ballot box until dealt with under 5 subsection (3) or section 311.49 6 `(3) The returning officer may take the accepted envelopes from the 7 locked or sealed ballot box and remove the ballot papers from the 8 envelopes, without unfolding them, or allowing anyone else to unfold them, 9 and keep them in a locked or sealed ballot box until dealt with under 10 section 311.50'. 11 (2) Section 310(4)(a), after `into a'-- 12 insert-- 13 `locked or'. 14 (3) Section 310(6), `opened and unopened declaration envelopes'-- 15 omit, insert-- 16 `rejected declaration envelopes, accepted envelopes from which ballot 17 papers have been removed and electors' declarations that have been 18 removed from declaration envelopes'. 19 of s 311 (Official counting of votes) 20 Amendment Clause 56. After section 311(4)(a)-- 21 insert-- 22 `(aa) open all accepted envelopes mentioned in section 310(2)(d)51 that 23 have not yet been opened and remove the ballot papers; and'. 24 49 Section 311 (Official counting of votes) 50 Section 311 (Official counting of votes) 51 Section 310 (Procedure for processing declaration envelopes)
s 57 88 s 59 Local Government Legislation Amendment of s 315 (Returning officer's duty after counting votes) 1 Amendment Clause 57. Section 315(1)(a), `declaration envelopes'-- 2 omit, insert-- 3 `, rejected declaration envelopes, accepted envelopes from which ballot 4 papers have been removed, electors' declarations that have been removed 5 from declaration envelopes'. 6 of new s 317A 7 Insertion Clause 58. After section 317-- 8 insert-- 9 about electors who fail to vote 10 `Resolution `317A. As soon as practicable after the conclusion of the election, the 11 local government must make a resolution deciding whether to take action 12 under section 31952 about electors who failed to vote in the election.'. 13 of s 318 (List of electors failing to vote) 14 Amendment Clause 59.(1) Section 318(1), (2) and (3)-- 15 renumber as section 318(2), (3) and (4) respectively. 16 (2) Section 318-- 17 insert-- 18 `(1) This section applies only if the local government makes a resolution 19 under section 317A53 deciding to take action under section 319 about 20 electors who failed to vote in the election.'. 21 (3) Section 318(3)(c) as renumbered-- 22 omit. 23 52 Section 319 (Notice of failure to vote etc.) 53 Section 317A (Resolution about electors who fail to vote)
s 60 89 s 60 Local Government Legislation Amendment of s 319 (Notice to elector failing to vote) 1 Replacement Clause 60. Section 319-- 2 omit, insert-- 3 of failure to vote etc. 4 `Notice `319.(1) Subject to subsection (2), the local government-- 5 (a) must, as soon as practicable after a resolution by the local 6 government to take action under this section, send a notice in the 7 approved form to each elector shown on the list deposited under 8 section 31854 at the elector's address shown on the list; and 9 (b) must record on the list, against the elector's name, the fact that the 10 notice has been given. 11 `(2) The notice must-- 12 (a) show the elector's full name and address and number on the 13 voters roll; and 14 (b) state that-- 15 (i) the elector appears to have failed to vote at the election; and 16 (ii) it is an offence to fail, without a valid and sufficient reason, 17 to vote at an election; and 18 (iii) the elector may, if the elector considers the elector has 19 committed the offence, pay one-half of a penalty unit (the 20 "penalty") to the local government by a specified day, not 21 earlier than 21 days after the elector receives the notice (the 22 "appropriate day"), and, if the local government receives 23 the payment by the appropriate day, no further steps will be 24 taken against the elector about the offence; and 25 (c) require the elector-- 26 (i) if the elector intends paying the penalty by the appropriate 27 day--to sign the approved form about payment of the 28 penalty included in or with the notice and post or give the 29 form, together with the amount of the penalty, to the local 30 government so it is received by the appropriate day; or 31 54 Section 318 (List of electors failing to vote)
s 61 90 s 61 Local Government Legislation Amendment (ii) if the elector does not intend paying the penalty by the 1 appropriate day--to state, in the approved form included in 2 or with the notice, whether the elector voted and, if not, the 3 reason for failing to vote and to sign the form and post or 4 give it to the local government so it is received by the 5 appropriate day. 6 `(3) The elector must comply with the requirements of the notice. 7 `(4) If-- 8 (a) the elector is absent, or unable, because of physical incapacity, to 9 comply with the requirements of the notice; and 10 (b) another elector who has personal knowledge of the facts complies 11 with the requirements and in doing so also has his or her 12 signature on the form witnessed; 13 the first elector is taken to have complied with the notice's requirements. 14 for failure to vote 15 `Payments `319A.(1) If the local government sends an elector a notice under 16 section 319(1) for an election and payment is made to the local government 17 under section 319(2) to (4), the local government must-- 18 (a) accept the payment; and 19 (b) give the person a receipt for the payment; and 20 (c) not take any proceeding against the elector for failing to vote at the 21 election. 22 `(2) In this section-- 23 "proceeding" includes serving an infringement notice.'. 24 of s 320 (Recording response to notice) 25 Amendment Clause 61. Section 320(a), after `notice'-- 26 insert-- 27 `under section 319(2)(c)'. 28
s 62 91 s 63 Local Government Legislation Amendment of new s 323A 1 Insertion Clause 62.(1) After section 323-- 2 insert-- 3 to electors whose ballot papers are not accepted 4 `Notice `323A.(1) Subsection (2) applies if-- 5 (a) in an election, a person makes a declaration vote under 6 section 290(a);55 and 7 (b) the person's ballot paper is not accepted for counting under 8 section 31056 because the returning officer is not satisfied that the 9 declarant on the declaration envelope is entitled to cast a 10 declaration vote in the election. 11 `(2) As soon as practicable after an election, the local government must 12 send a notice in the approved form to the person advising the person why 13 the ballot paper was not accepted for counting.'. 14 of s 349 (Injunctions to restrain contravention of 15 Amendment chapter) 16 Clause 63.(1) After section 349(1)-- 17 insert-- 18 `(1A) Without limiting the operation of subsection (1), an application 19 may also be made to the Supreme Court for an injunction if a returning 20 officer for an election decides a person is not properly nominated for the 21 election.'. 22 (2) Section 349(2), `or a candidate'-- 23 omit, insert-- 24 `or a candidate, or nominee as a candidate,'. 25 (3) Section 349(5)-- 26 insert-- 27 55 Section 290 (Who must cast a declaration vote in ordinary elections) 56 Section 310 (Procedure for processing declaration envelopes)
s 64 92 s 64 Local Government Legislation Amendment `(c) if subsection (1A) applies--grant an injunction requiring the 1 returning officer to accept the person's nomination for the 2 election.'. 3 of new ch 7A 4 Insertion Clause 64. After section 458-- 5 insert-- 6 `CHAPTER 7A--NATIONAL COMPETITION 7 REFORM OF SIGNIFICANT BUSINESS 8 ACTIVITIES 9 `PART 1--OBJECT AND APPLICATION 10 11 `Object `458A. The object of this chapter is to provide ways to facilitate the 12 implementation of the National Competition Policy Inter-Governmental 13 Agreements to the extent that the agreements are intended to be applied to 14 significant business activities of local governments. 15 to Brisbane City Council 16 `Application `458B. This chapter applies to the Brisbane City Council. 17 ART 2--DEFINITIONS 18 `P for ch 7A 19 `Definitions `458C. In this chapter-- 20 "Competition Policies Agreement" means the Competition Policies 21 Agreement made on 11 April 1995 between the Commonwealth, the 22 State of New South Wales, the State of Victoria, the State of 23
s 64 93 s 64 Local Government Legislation Amendment Queensland, the State of Western Australia, the State of South 1 Australia, the State of Tasmania, the Australian Capital Territory and 2 the Northern Territory of Australia, as in force for the time being. 3 "Conduct Code Agreement" means the Conduct Code Agreement made 4 on 11 April 1995 between the Commonwealth, the State of New 5 South Wales, the State of Victoria, the State of Queensland, the State 6 of Western Australia, the State of South Australia, the State of 7 Tasmania, the Australian Capital Territory and the Northern Territory 8 of Australia, as in force for the time being. 9 "Implementation Agreement" means the Agreement to Implement 10 National Competition Policy and Related Reforms made on 11 April 11 1995 between the Commonwealth, the State of New South Wales, the 12 State of Victoria, the State of Queensland, the State of Western 13 Australia, the State of South Australia, the State of Tasmania, the 14 Australian Capital Territory and the Northern Territory of Australia, as 15 in force for the time being. 16 "National Competition Policy Inter-Governmental Agreements" 17 means the Conduct Code Agreement, the Competition Principles 18 Agreement and the Implementation Agreement. 19 "public benefit assessment" means an assessment of a significant 20 business activity of a local government under this chapter. 21 "public benefit assessment report" means the report, including 22 recommendations, on a public benefit assessment. 23 "significant business activity", of a local government, means a 24 type 1 business activity or a type 2 business activity. 25 "type 1 business activity" means the provision of the following-- 26 (a) for Brisbane City Council-- 27 · public transport services 28 · cleansing services 29 · water and sewerage services; 30 (b) for Gold Coast City Council-- 31 · cleansing services 32 · water and sewerage services; 33
s 64 94 s 64 Local Government Legislation Amendment (c) for Ipswich City Council-- 1 · water and sewerage services; 2 (d) for Logan City Council-- 3 · water and sewerage services; 4 (e) for Townsville City Council-- 5 · water and sewerage services. 6 "type 2 business activity" means the provision of the following-- 7 (a) for Caboolture Shire Council-- 8 · water and sewerage services; 9 (b) for Cairns City Council-- 10 · cleansing services 11 · water and sewerage services; 12 (c) for Caloundra City Council-- 13 · water and sewerage services; 14 (d) for Hervey Bay City Council-- 15 · water and sewerage services; 16 (e) for Ipswich City Council-- 17 · cleansing services; 18 (f) for Logan City Council-- 19 · cleansing services; 20 (g) for Mackay City Council-- 21 · water and sewerage services; 22 (h) for Maroochy Shire Council-- 23 · cleansing services; 24 · water and sewerage services; 25 (i) for Noosa Shire Council-- 26 · water and sewerage services; 27
s 64 95 s 64 Local Government Legislation Amendment (j) for Pine Rivers Shire Council-- 1 · water and sewerage services; 2 (k) for Redland City Council-- 3 · water and sewerage services; 4 (l) for Rockhampton City Council-- 5 · water and sewerage services; 6 (m) for Thuringowa City Council-- 7 · water and sewerage services; 8 (n) for Toowoomba City Council-- 9 · water and sewerage services; 10 (o) for Townsville City Council-- 11 · cleansing services. 12 ART 3--PUBLIC BENEFIT ASSESSMENT OF 13 `P TYPES 1 AND 2 BUSINESS ACTIVITIES 14 `Division 1--Subject matter of public benefit assessments 15 to be addressed by public benefit assessment for type 1 16 `Matters business activity 17 `458D. A public benefit assessment for a type 1 business activity must 18 consider how the activity should be carried on by-- 19 (a) reviewing the appropriateness of each of the following reforms 20 for the activity-- 21 (i) corporatisation of the activity; 22 (ii) commercialisation of the activity; 23 (iii) full cost pricing for the activity; and 24
s 64 96 s 64 Local Government Legislation Amendment (b) concluding whether or not and, if so, to what extent, the benefits 1 that would be realised from implementation of the reforms 2 mentioned in paragraph (a) would outweigh the costs. 3 to be addressed by public benefit assessment for type 2 4 `Matters business activity 5 `458E. A public benefit assessment for a type 2 business activity must 6 consider how the activity should be carried on by-- 7 (a) reviewing the appropriateness of each of the following reforms 8 for the activity-- 9 (i) commercialisation of the activity; 10 (ii) full cost pricing for the activity; 11 (iii) if the local government decides, by resolution, it is 12 appropriate for consideration--corporatisation of the activity; 13 and 14 (b) concluding whether or not and, if so, to what extent, the benefits 15 that would be realised from implementation of the reforms 16 mentioned in paragraph (a) would outweigh the costs. 17 is corporatisation 18 `What `458F.(1) For a public benefit assessment, corporatisation of a 19 significant business activity of a local government involves-- 20 (a) the establishment of a legal entity for the activity separate from, 21 but owned by, the local government and supported by a full 22 corporate governance structure, including a board of directors; 23 and 24 (b) the entity providing goods and services on a commercial basis; 25 and 26 (c) the entity receiving subsidies to provide goods and services, as 27 community service obligations, that it would not otherwise be in 28 the commercial interests of the entity to provide. 29 `(2) Implications of corporatisation include-- 30
s 64 97 s 64 Local Government Legislation Amendment (a) the question of-- 1 (i) payment of Commonwealth, State and local government 2 taxes or rates or retention by the local government of 3 amounts equivalent to taxes or rates; and 4 (ii) retention by the local government of amounts equivalent to 5 debt guarantee fees for State guarantees; and 6 (b) compliance with Commonwealth, State and local government 7 requirements that apply only if the activity is carried on by a 8 private sector business, such as those relating to the protection of 9 the environment and planning and approval processes. 10 `(3) If, before corporatisation of a significant business activity by a local 11 government, the local government is not liable to pay a State tax that would 12 be payable if the activity were corporatised, an amount equivalent to the tax 13 is to be payable by the entity to the local government in place of payment of 14 the tax to the State. 15 is commercialisation 16 `What `458G.(1) For a public benefit assessment, commercialisation of a 17 significant business activity of a local government involves-- 18 (a) the activity being carried on by a business unit of the local 19 government that is not a legal entity separate from the local 20 government; and 21 (b) the unit providing goods and services on a commercial basis; and 22 (c) the unit receiving subsidies to provide goods and services, as 23 community service obligations, that it would not otherwise be in 24 the commercial interests of the unit to provide. 25 `(2) Implications of commercialisation include-- 26 (a) the question of retention by the local government of-- 27 (i) amounts equivalent to Commonwealth, State and local 28 government taxes or rates that are not otherwise payable to 29 the Commonwealth, State or local government; and 30 (ii) amounts equivalent to debt guarantee fees for State 31 guarantees; and 32
s 64 98 s 64 Local Government Legislation Amendment (b) compliance with Commonwealth, State and local government 1 requirements that apply only if the activity is carried on by a 2 private sector business, such as those relating to the protection of 3 the environment and planning and approval processes. 4 is full cost pricing 5 `What `458H. For a public benefit assessment, full cost pricing for a significant 6 business activity means prices are charged for goods and services taking 7 into account the full cost of providing the goods or services including 8 estimates of the amounts mentioned in 458G(2)(a).57 9 `Division 2--Content of public benefit assessment report 10 to be addressed in public benefit assessment reports 11 `Matters `458I. A public benefit assessment report must include-- 12 (a) a statement on whether or not and, if so, to what extent, the 13 benefits that would be realised from implementation of any of the 14 reforms considered under section 458D or 458E would outweigh 15 the costs; and 16 (b) details of those costs and benefits; and 17 (c) a recommendation on whether any of the reforms should be 18 implemented for the significant business activity; and 19 (d) if reform is recommended-- 20 (i) a statement of which reform should be implemented; and 21 (ii) a timetable for its implementation. 22 57 Section 458G (What is commercialisation)
s 64 99 s 64 Local Government Legislation Amendment `Division 3--Local government to undertake assessments 1 benefit assessments to be undertaken 2 `Public `458J. A local government must ensure that a public benefit assessment 3 is undertaken and a public benefit assessment report prepared for each of its 4 significant business activities. 5 government to resolve on assessment and report process 6 `Local `458K.(1) The local government must, by resolution, decide-- 7 (a) how the public benefit assessment is to be conducted; and 8 (b) the matters the public benefit assessment report must deal with; 9 and 10 (c) when the report is to be presented to the local government. 11 12 Example for paragraph (a)-- 13 The local government may decide the public benefit assessment is to be 14 undertaken by the local government or by external consultants or in cooperation with 15 other local governments undertaking public benefit assessments of similar significant 16 business activities. `(2) The resolution must provide for a consultation process and state how 17 the process is to be used in the assessment. 18 19 Example for subsection (2)-- 20 A local government may resolve that the consultation process must include-- 21 (a) giving notice of the assessment and inviting submissions about the 22 assessment; and 23 (b) a period for submissions to be received; and 24 (c) direct consultation with interested parties; and 25 (d) consideration of the submissions received about the assessment; and 26 (e) publication of a draft public benefit assessment report for public comment 27 before the report is finalised. `(3) The resolution is subject to section 458I and a regulation under 28 section 458M. 29
s 65 100 s 67 Local Government Legislation Amendment for assessments and reports 1 `Timing `458L.(1) The public benefit assessment report must be completed 2 before 30 June 1997 or a day, not later than 30 September 1997, approved 3 by the Minister. 4 `(2) The report must be presented to a meeting of the local government 5 as soon as practicable after the report is completed. 6 about public benefit assessment and public benefit 7 `Regulation assessment reports 8 `458M. A regulation may prescribe requirements for public benefit 9 assessments and public benefit assessment reports.'. 10 of s 493 (Local law policy binding on local government) 11 Amendment Clause 65.(1) Section 493, heading-- 12 omit, insert-- 13 `Extent to which local law policy is binding'. 14 (2) Section 493-- 15 insert-- 16 `(2) A local government's local law policy on a matter is, and it is 17 declared always was, binding on anyone else to the extent stated in the local 18 law stating the matter about which the local law policy may be made.'. 19 of s 552 (Expiry of part) 20 Amendment Clause 66. Section 552, `1997'-- 21 omit, insert-- 22 `1999'. 23 of s 569 (Utility charges) 24 Amendment Clause 67. Section 569-- 25 insert-- 26
s 67 101 s 67 Local Government Legislation Amendment `(7) A local government may, and it is declared always could from the 1 commencement of this section, do 1 or more of the following-- 2 (a) make and levy a utility charge for services supplied or to be 3 supplied during part of the financial year and part of another 4 financial year; 5 (b) make and levy differing charges for services supplied or to be 6 supplied during various periods in 1 or more financial years; 7 (c) in making and levying differing charges under paragraph (b), 8 decide the way the charges are to be apportioned. 9 10 Examples of application of subsection (7)-- 11 1. For water used between 30 April 1998 and 31 July 1998, the local government 12 may resolve to charge-- 13 (a) for water used (as measured) during the period 30 April 1998 to 31 July 14 1998 on the basis of the charge made at the budget meeting for the 15 1997-1998 financial year; or 16 (b) for water used (as measured) during the period 30 April 1998 to 31 July 17 1998 on the basis of the charge made at the budget meeting for the 18 1998-1999 financial year; or 19 (c) for-- 20 (i) water used (as measured) during the period 30 April 1998 to 30 June 21 1998 on the basis of the charge made at the budget meeting for the 22 1997-1998 financial year; and 23 (ii) water used (as measured) during the period 1 July 1998 to 31 July 24 1998 on the basis of the charge made at the budget meeting for the 25 1998-1999 financial year; or 26 (d) an apportioned charge for water used during the 2 periods (30 April 1998 27 to 30 June 1998 and 1 July 1998 to 31 July 1998) on the basis of-- 28 (i) the total amount of water used (as measured) during the period 29 30 April 1998 to 31 July 1998--93 days--being apportioned to each 30 period according to the respective lengths of the periods--62 days 31 and 31 days respectively; or 32 (ii) another basis set out in the resolution. 33 2. The local government may resolve to charge for water supplied between 1 July 34 1998 and 30 June 1999-- 35 (a) for the period 1 July 1998 to 28 February 1999--a flat charge of $300 with 36 an excess charge of $1 per kL of water used greater than 350 kL; and
s 67 102 s 67 Local Government Legislation Amendment 1 (b) for the period 1 March 1999 to 30 June 1999--an amount based on the 2 actual consumption of water during the period. `(8) Despite subsection (7) a local government must not for a financial 3 year make and levy a utility charge for services supplied or to be supplied 4 other than in that, the previous or the next financial year. 5 `(9) Charges made and levied in accordance with a decision under 6 subsection (7) are lawfully made and levied under this Act. 7 `(10) Subsections (7) to (9) apply despite the reference in sections 559 8 and 56058 to the making and levying of rates and charges for a financial 9 year. 10 `(11) If-- 11 (a) a meter or other measuring device is to be read on a particular day 12 for working out the amount of a charge to be levied by a local 13 government for a service; and 14 (b) the local government resolves to apply this subsection to the 15 reading of meters or other measuring devices; 16 it is taken to have been read on that day if it is read within a period of 17 2 weeks before or after that day. 18 19 Example for subsection (11)-- 20 If a local government resolves to apply this subsection to the supply of water that 21 is to be charged on the basis of usage for a period ended 30 April and a meter is read 22 on 10 May, that reading is taken to be the reading at 30 April for the purposes of 23 calculating the water usage during the period. `(12) Subsection (11) does not restrict a local government's power to 24 make local laws relating to other aspects of the administration of metered 25 consumption for a utility service. 26 27 Example for subsection (12)-- 28 A local law may be made to provide for water consumption to be estimated on the 29 basis of the best information reasonably available if a water meter is found to be 30 malfunctioning or inoperative during any period of consumption.'. 58 Section 559 (Power to make and levy rates and charges) and 560 (Making of rates and charges)
s 68 103 s 70 Local Government Legislation Amendment of s 611 (Payment by instalments) 1 Amendment Clause 68. Section 611(3)-- 2 omit, insert-- 3 `(3) The terms may provide, if an instalment is not paid by the last day of 4 the period identified in the resolution as the period within which the amount 5 of the instalment is payable, for 1 or more of the following-- 6 (a) on the default day, for division 359-- 7 (i) the unpaid instalment becomes an overdue rate; or 8 (ii) the unpaid instalment and all remaining instalments become 9 an overdue rate; 10 (b) the unpaid instalment, or the unpaid instalment and all remaining 11 instalments, may bear interest as an overdue rate from the default 12 day or a later day decided by the local government under 13 section 614.60 14 `(3A) For subsection (3)-- 15 "default day" means the day after the last day of the period identified in the 16 resolution as the period within which the amount of the instalment is 17 payable.'. 18 of s 612 (Meaning of "overdue rate") 19 Amendment Clause 69. Section 612, after `include the amount of a rate'-- 20 insert-- 21 `(other than amounts that, by terms under section 611, 627 or 628, 22 become an overdue rate)'. 23 of s 619 (Other benefits for prompt payment) 24 Amendment Clause 70. Section 619-- 25 insert-- 26 59 Division 3 (Overdue rates) 60 Section 614 (Overdue rates may bear interest)
s 71 104 s 71 Local Government Legislation Amendment `(2) In subsection (1)-- 1 "benefits" include chances of winning a prize in a lottery conducted by the 2 local government. 3 `(3) For a lottery conducted by a local government solely to provide a 4 benefit for this section-- 5 (a) the Art Unions and Public Amusements Act 1992 does not apply; 6 and 7 (b) the local government must-- 8 (i) by resolution make rules for the conduct of the lottery; and 9 (ii) conduct the lottery in accordance with the rules. 10 `(4) Subsections (2), (3) and this subsection expire on 30 June 1998.'. 11 of s 627 (Remission, composition and settlement of rates) 12 Amendment Clause 71. Section 627(3)-- 13 omit, insert-- 14 `(3) The terms of an arrangement may provide for 1 or more of the 15 following, if an amount identified in the arrangement is not paid by the last 16 day of the period specified in the arrangement as the period within which 17 the amount is payable-- 18 (a) on the default day, for division 361-- 19 (i) the unpaid amount becomes an overdue rate; or 20 (ii) the unpaid amount and all other amounts (the "remaining 21 amounts") payment of which is provided for under the 22 arrangement and which have not been paid become an 23 overdue rate; 24 (b) the unpaid amount, or the unpaid amount and all remaining 25 amounts, may bear interest as an overdue rate from the default 26 day, or a later day decided by the local government, under 27 61 Division 3 (Overdue rates)
s 72 105 s 73 Local Government Legislation Amendment section 614.62 1 `(3A) For subsection (3)-- 2 "default day" means the day after the last day of the period specified in the 3 arrangement as the period within which the amount is payable.'. 4 of s 628 (Deferral of liability to pay rates) 5 Amendment Clause 72. Section 628(4)-- 6 omit, insert-- 7 `(4) The terms of an arrangement may provide for 1 or more of the 8 following, if an amount identified in the arrangement is not paid by the last 9 day of the period specified in the arrangement as the period within which 10 the amount is payable-- 11 (a) on the default day, for division 363-- 12 (i) the unpaid amount becomes an overdue rate; or 13 (ii) the unpaid amount and all other amounts (the "remaining 14 amounts") payment of which is provided for under the 15 arrangement and which have not been paid become an 16 overdue rate; 17 (b) the unpaid amount, or the unpaid amount and all remaining 18 amounts, may bear interest as an overdue rate from the default 19 day, or a later day decided by the local government, under 20 section 614.64 21 `(4A) For subsection (4)-- 22 "default day" means the day after the last day of the period specified in the 23 arrangement as the period within which the amount is payable.'. 24 of s 638 (Starting and ending of sale procedures) 25 Amendment Clause 73. Section 638(1) and (3), `the overdue rate'-- 26 62 Section 614 (Overdue rates may bear interest) 63 Division 3 (Overdue rates) 64 Section 614 (Overdue rates may bear interest)
s 74 106 s 76 Local Government Legislation Amendment omit, insert-- 1 `all overdue rates levied on the land'. 2 of s 640 (Reserve price at auction) 3 Amendment Clause 74. Section 640(2)(a), `the overdue rate for'-- 4 omit, insert-- 5 `all overdue rates levied on'. 6 of s 697 (Local laws about dogs) 7 Amendment Clause 75. Section 697(5), `2 years after it commences'-- 8 omit, insert-- 9 `on 30 June 1998'. 10 of s 721 (Personnel practices) 11 Amendment Clause 76. Section 721(2)-- 12 omit, insert-- 13 `(2) A regulation may-- 14 (a) require each local government to adopt and implement a plan for 15 equal opportunity in employment; and 16 (b) state criteria the Minister must consider before granting an 17 exemption to a local government from complying with a 18 requirement under paragraph (a). 19 `(3) A regulation under subsection (2)(a) does not apply to a local 20 government if-- 21 (a) the Minister, after considering the criteria set out in the regulation, 22 exempts the local government from complying with the 23 regulation; and 24 (b) the local government complies with any conditions of the 25 exemption.'. 26
s 77 107 s 80 Local Government Legislation Amendment of s 774 (Permanent employees' liability for 1 Amendment contributions) 2 Clause 77. Section 774-- 3 insert-- 4 `(2) Subsection (1) does not apply if, under the employee's remuneration 5 agreement with the local government, a contribution equivalent to the 6 contribution mentioned in subsection (1) is made by the local government 7 in addition to any contribution the local government is required to make 8 under this Act.'. 9 of new s 792A 10 Insertion Clause 78. Chapter 14, part 2, after section 792-- 11 insert-- 12 of forms 13 `Approval `792A. The chief executive may approve forms for use under this Act.'. 14 of new s 793A 15 Insertion Clause 79. Chapter 14, part 2, after section 793-- 16 insert-- 17 of existing electoral wards of City of Brisbane 18 `Declaration `793A.(1) On or before 1 March 1997, a regulation must be made 19 declaring the existing names and boundaries of the electoral wards of the 20 City of Brisbane. 21 `(2) In this section-- 22 "existing names and boundaries" means the names and boundaries in 23 force immediately before the commencement of this section.'. 24 of s 802 (Repeal if no review of pre-existing law) 25 Replacement Clause 80. Section 802-- 26 omit, insert-- 27
s 81 108 s 84 Local Government Legislation Amendment if no review of pre-existing law 1 `Repeal `802. A pre-existing law for which a notice is not published under 2 section 801 before 1 July 1999 expires on 1 July 1999.'. 3 of s 803 (Expiry of division) 4 Amendment Clause 81. Section 803, `3 years after it commences'-- 5 omit, insert-- 6 `on 2 July 1999'. 7 of ch 15 (Transitional and savings provisions, repeals 8 Amendment and amendments) 9 Clause 82. Chapter 15, heading, after `transitional'-- 10 insert-- 11 `, validation'. 12 of ch 15, pt 1 (Transitional and savings provisions) 13 Amendment Clause 83. Chapter 15, part 1, heading, after `transitional'-- 14 insert-- 15 `, validation'. 16 of ch 15, pt 1, div 5 (Local Government staff) 17 Replacement Clause 84. Chapter 15, part 1, division 5-- 18 omit, insert-- 19 `Division 5--Transitional and savings provisions for amendments 20 under Local Government Legislation Amendment Act 1996 21 Shire undivided for 1997 triennial election 22 `Rosalie `810.(1) Despite any other provision of this Act-- 23
s 84 109 s 84 Local Government Legislation Amendment (a) for the purposes of section 21565--the Shire of Rosalie does not 1 have divisions for the 1997 triennial election of its councillors; 2 and 3 (b) subsequently, the Shire of Rosalie does not have divisions until 4 divided in accordance with this Act. 5 `(2) A regulation may amend a regulation that is inconsistent with 6 subsection (1) to make the regulation consistent with subsection (1). 7 `(3) This section expires on 1 May 1997. 8 charges by Livingstone Shire Council for 1993-1994 financial 9 `Water year 10 `811.(1) Subsection (2) applies to the purported utility charges (the 11 "relevant charges") imposed by Livingstone Shire Council (the 12 "council") for water services provided to a structure or land under the 13 council's Capricorn Coast Water Supply Scheme (the "scheme") for the 14 relevant period. 15 `(2) It is declared that the charges amounting to $130 per unit of water 16 supplied for the fixed component part of the relevant charge-- 17 (a) applied only to the relevant period; and 18 (b) were lawfully charged. 19 `(3) In this section-- 20 "anniversary date" means the anniversary date for the Capricorn Coast 21 Water Undertaking Fund that occurred in the first week in April 1994 22 under the council's resolutions titled `Anniversary Date--Meter 23 Readings' made at a special pre-budget meeting on 27 July 1993 and 24 `Adoption of Fees and Charges 1993/94' made at a budget meeting on 25 28 July 1993. 26 "relevant period", for water services provided to a structure or land under 27 the scheme, means the period from 1 July 1993 to the anniversary date 28 for the relevant charges for the water services. 29 `(4) This section expires on the day it commences. 30 65 Section 215 (Types of elections)
s 84 110 s 84 Local Government Legislation Amendment wards of City of Brisbane for 1997 triennial election 1 `Electoral `812.(1) The electoral wards of the City of Brisbane in force immediately 2 before the commencement of this section are the electoral wards for the city 3 for the 1997 triennial election. 4 `(2) Subsection (1) has effect despite-- 5 (a) any other provision of this Act; and 6 (b) the amendment of the City of Brisbane Act 1924 by the Local 7 Government Legislation Amendment Act 1996. 8 `(3) This section expires on 1 May 1997. 9 government commissioner reports 10 `Local `813.(1) This section applies for the implementation of a reviewable local 11 government matter referred to the local government commissioner for a 12 report if the commissioner's report on the matter was tabled in the 13 Legislative Assembly before the commencement. 14 `(2) The matter may be implemented and for that purpose chapter 3, 15 part 1, division 7, 66 as in force immediately before the commencement, 16 applies. 17 `(3) Terms used in this section have the meaning they had under this Act 18 as in force immediately before the commencement. 19 forms 20 `Approved `814.(1) This section applies if, immediately before its commencement, 21 there was a form approved by the chief executive for a matter under 22 section 237 or a regulation. 23 `(2) The form is taken to be the approved form for the matter under 24 section 792A until another form is approved for the matter. 25 `(3) This section expires on the day it commences.'. 26 66 Chapter 3 (Interaction with the State), part 1 (Reviewable local government matters), division 7 (Implementing reviewable local government matters)
s 85 111 s 86 Local Government Legislation Amendment PART 4--AMENDMENT OF PUBLIC SERVICE ACT 1 1996 2 amended in pt 4 3 Act Clause 85. This part amends the Public Service Act 1996. 4 of s 109 (Who is a "term appointee") 5 Amendment Clause 86. Section 109(3)(d)-- 6 omit, insert-- 7 `(d) a review commissioner appointed under the Local Government 8 Act 1993;'. 9
112 Local Government Legislation Amendment CHEDULE 1 ¡S MINOR AND CONSEQUENTIAL AMENDMENTS OF 2 LOCAL GOVERNMENT ACT 1993 3 section 15 4 1. Section 5(1)(d)(ii), `schedule 2'-- 5 omit, insert-- 6 `schedule'. 7 2. Section 5(1)(h)-- 8 omit, insert-- 9 `(h) a licensee under the Land Act 1994; or'. 10 3. Section 11(3), `(Local' to `part)'-- 11 omit, insert-- 12 `(Definitions for pt 1), definition "local government" '. 13 4. Chapter 3, part 1, heading-- 14 omit, insert-- 15 `PART 1--REVIEWABLE LOCAL GOVERNMENT 16 MATTERS'. 17 5. Chapter 3, part 1, division 4, heading-- 18 omit, insert-- 19 `Division 4--Inquiries by expanded commissions'. 20
113 Local Government Legislation Amendment SCHEDULE (continued) 6. Sections 81, 83 to 85, 86(1), 87, 88 and 89(c) and (d), 1 `commissioner'-- 2 omit, insert-- 3 `commission'. 4 7. Section 82-- 5 omit, insert-- 6 `Presiding member 7 `82. The chairperson presides at the inquiry.'. 8 8. Sections 83 and 86, headings, `Commissioner's'-- 9 omit, insert-- 10 `Commission's'. 11 9. Section 84, heading, `Commissioner'-- 12 omit, insert-- 13 `Commission'. 14 10. Section 84(1)(b), `himself or herself'-- 15 omit, insert-- 16 `itself'. 17 11. Section 86(2), `The commissioner'-- 18 omit, insert-- 19 `A commission member'. 20
114 Local Government Legislation Amendment SCHEDULE (continued) 12. Section 89, heading-- 1 omit, insert-- 2 `Contempt'. 3 13. Section 89(a), `the commissioner'-- 4 omit, insert-- 5 `the commission or a commission member'. 6 14. Section 90-- 7 omit, insert-- 8 `Change of commission members 9 `90. The inquiry is not affected by a change in the commission 10 members.'. 11 15. Section 106(2)(g)-- 12 omit, insert-- 13 `(g) implementation issues for the matter; or'. 14 16. Section 107(1), `commissioner has'-- 15 omit, insert-- 16 `commissioner, and the commission that determined the matter, have'. 17 17. Section 107(3) and (4)-- 18 omit. 19
115 Local Government Legislation Amendment SCHEDULE (continued) 18. Section 108, after `implement a'-- 1 insert-- 2 `reviewable'. 3 19. Chapter 5, part 5-- 4 insert-- 5 `Application of pt to Brisbane City Council 6 `231A. This part applies to the Brisbane City Council.'. 7 20. Section 234(1), `1 March' to `governments'-- 8 omit, insert-- 9 `the information date'. 10 21. Section 234-- 11 insert-- 12 `(3) In this section-- 13 "information date" means-- 14 (a) for Brisbane City Council--1 October in the year that is 2 years 15 before the year of the triennial elections for local governments; or 16 (b) for another local government--1 March in the year before the 17 year of the triennial elections for local governments.'. 18 22. Section 237-- 19 omit. 20
116 Local Government Legislation Amendment SCHEDULE (continued) 23. Section 350(2), `part 1 (Review of local government matters)'-- 1 omit, insert-- 2 `part 1 (Reviewable local government matters)'. 3 24. Section 553(2), `(1)(e)'-- 4 omit, insert-- 5 `(1)(f)'. 6 7 © State of Queensland 1996