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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
LOCAL GOVERNMENT
LEGISLATION
AMENDMENT BILL (No. 2)
1992
Queensland
LOCAL GOVERNMENT LEGISLATION
AMENDMENT BILL (No. 2) 1992
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
PART 2--AMENDMENT OF CITY OF BRISBANE ACT 1924
2 Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Amendment of s.14A (Electoral wards and election of aldermen
therefor) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Replacement of Subdivision A of Division 4 of Part 2 (First
distribution) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Subdivision A--Division of City for 1994 triennial election
14B Distribution for 1994 triennial election . . . . . . . . . . . . . . . . . . . . . . . 5
5 Replacement of ss.14F14J and heading . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Subdivision B--Redistributions
14C Appointment of electoral commissioners . . . . . . . . . . . . . . . . . . . . . . 5
14D Duty of electoral commissioners . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
14E Equitable division of City . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
14F Quota to be observed in division of City into electoral wards . . . . . 6
14G Further matters to be considered in dividing City into
electoral wards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
6 Amendment of s.14K (Existing Council) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
7 Amendment of s.14M (Notice of proposed distribution or redistribution) . . 7
8 Amendment of s.14N (Objections) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
9 Amendment of s.14O (Report by Commissioners) . . . . . . . . . . . . . . . . . . . . 8
10 Amendment of s.14P . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2
Local Government Legislation Amendment
(No. 2)
11 Insertion of new s.14R . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
14R Non-application of s.4F of Local Government Act 1936 to
redistribution before 1994 triennial election . . . . . . . . . . . . . . . . . . . 8
12 Omission of Schedule 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
PART 3--AMENDMENT OF LOCAL GOVERNMENT ACT 1936
13 Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
14 Amendment of s.4F (Meaning of "reviewable local government
matter") . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
15 Amendment of s.4H (Functions of Commissioner) . . . . . . . . . . . . . . . . . . . . 10
16 Amendment of s.4I (Request by Commissioner for reference) . . . . . . . . . . 10
17 Amendment of s.4J (Report and recommendations to be obtained
before reviewable local government matter implemented) . . . . . . . . . . . . . 10
18 Amendment of s.4L (Assessment of proposed external boundary
alterations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
19 Amendment of s.4ZI (Reports to be tabled etc.) . . . . . . . . . . . . . . . . . . . . . . 11
20 Amendment of s.5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
21 Amendment of s.6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
22 Amendment of s.7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
23 Insertion of new ss.7A7C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
7A Review of electoral arrangements for 1994 triennial
elections in certain circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
7B Divided local authority that fails to comply with s.7A . . . . . . . . . . . 18
7C Effect on divisions for other purposes . . . . . . . . . . . . . . . . . . . . . . . . . 18
1992
A BILL
FOR
An Act to amend the City of Brisbane Act 1924 and the Local
Government Act 1936
4
Local Government Legislation Amendment
(No. 2)
BE IT ENACTED by the Queen's Most Excellent Majesty, by and with 1
the advice and consent of the Legislative Assembly of Queensland in 2
Parliament assembled, and by the authority of the same, as follows. 3
PART 1--PRELIMINARY 4
title 5
Short
This Act may be cited as the Local Government Legislation 6
Clause1.
Amendment Act (No. 2) 1992. 7
ART 2--AMENDMENT OF CITY OF BRISBANE 8
P
ACT 1924 9
Act 10
Amended
The City of Brisbane Act 1924 is amended as set out in this Part. 11
Clause2.
of s.14A (Electoral wards and election of aldermen 12
Amendment
therefor) 13
Section 14A(3) to (7)-- 14
Clause3.
omit. 15
of Subdivision A of Division 4 of Part 2 (First 16
Replacement
distribution) 17
Subdivision A of Division 4 of Part 2-- 18
Clause4.
omit, insert-- 19
5
Local Government Legislation Amendment
(No. 2)
`Subdivision A--Division of City for 1994 triennial election 1
for 1994 triennial election 2
`Distribution
`14B. For the purposes of the 1994 election of the council, the electoral 3
wards are to be the electoral wards in force immediately before the 4
commencement of the Local Government Legislation Amendment Act 5
(No. 2) 1992, unless changed by a complete or partial redistribution of the 6
City.'. 7
of ss.14F14J and heading 8
Replacement
Clause5. Sections 14F to 14J and heading before section 14F-- 9
omit, insert-- 10
B--Redistributions 11
`Subdivision
of electoral commissioners 12
`Appointment
`14C.(1) If there is to be a complete or partial redistribution, 3 electoral 13
commissioners must be appointed by the Governor in Council. 14
`(2) One of the electoral commissioners is to be appointed chairperson of 15
the electoral commissioners. 16
`(3) For the purposes of this Division-- 17
"complete redistribution" means a redistribution of all of the electoral 18
wards of the City; 19
"partial redistribution" means a redistribution of the electoral wards that 20
is necessary to give effect to an equitable distribution of the City. 21
of electoral commissioners 22
`Duty
`14D. It is the duty of the electoral commissioners appointed under 23
section 14C to make, in accordance with their appointment, a complete or 24
partial redistribution as provided by this Act. 25
6
Local Government Legislation Amendment
(No. 2)
division of City 1
`Equitable
`14E.(1) For the purposes of a redistribution mentioned in section 14D, 2
there must be determined for the City a quota of electors for each electoral 3
ward. 4
`(2) A quota is to be determined by dividing the number of electors, as 5
nearly as can be ascertained as at a day declared by the Governor in Council 6
("the declared day"), by the number of electoral wards prescribed under 7
section 14A. 8
`(3) For the purposes of subsection (2), the number of electors is the 9
number of electors, as certified by the Electoral Commissioner (within the 10
meaning of the Electoral Act 1992) by Gazette notice, living in the City 11
who, on the declared day, were enrolled under the Electoral Act 1992 for an 12
electoral district within, or partly within, the boundaries of the City. 13
to be observed in division of City into electoral wards 14
`Quota
`14F.(1) The quota determined under section 14E is to be observed in 15
dividing the City into electoral wards. 16
`(2) However, the quota may be departed from by a margin of not more 17
than 10%. 18
matters to be considered in dividing City into electoral wards 19
`Further
`14G.(1) In dividing the City into electoral wards, the electoral 20
commissioners must take into account-- 21
(a) community or diversity of interest; and 22
(b) means of communication; and 23
(c) physical features; and 24
(d) density of population; and 25
(e) demographic trends; and 26
(f) developmental trends. 27
`(2) The electoral commissioners must consider any written proposals in 28
relation to the division of the City into electoral wards that are lodged with 29
7
Local Government Legislation Amendment
(No. 2)
them-- 1
(a) within 21 days of their appointment; or 2
(b) by a day (if any) specified in their appointment; 3
whichever is the later.'. 4
of s.14K (Existing Council) 5
Amendment
Section 14K(1)-- 6
Clause6.(1)
omit `14G', insert `14C'. 7
(2) Section 14K(6)-- 8
omit `registered' (twice occurring), insert `enrolled'. 9
of s.14M (Notice of proposed distribution or 10
Amendment
redistribution) 11
Clause7.(1) Section 14M (heading)-- 12
omit `distribution or'. 13
(2) Section 14M(4)(a)-- 14
omit, insert-- 15
`(a) the quota determined under section 14E;'. 16
(3) Section 14M(4)(b)-- 17
omit, insert-- 18
`(b) the name of each electoral ward proposed;'. 19
of s.14N (Objections) 20
Amendment
Section 14N-- 21
Clause8.(1)
omit-- 22
`(whether proposed for the purposes of making a complete distribution 23
under sections 14B to 14E both inclusive or a complete or partial 24
redistribution under sections 14F to 14K both inclusive)'. 25
8
Local Government Legislation Amendment
(No. 2)
(2) Section 14N-- 1
omit `such distribution or, as the case may be, redistribution', 2
insert `the complete or partial redistribution'. 3
of s.14O (Report by Commissioners) 4
Amendment
Section 14O-- 5
Clause9.(1)
omit `the distribution or, as the case may be,'. 6
(2) Section 14O(a)-- 7
omit, insert-- 8
`(a) the quota determined under section 14E;'. 9
(3) Section 14O(b)-- 10
omit, insert-- 11
`(b) the name of each electoral ward determined by them;'. 12
of s.14P 13
Amendment
Section 14P(2)-- 14
Clause10.
omit. 15
of new s.14R 16
Insertion
After section 14Q-- 17
Clause11.
insert-- 18
of s.4F of Local Government Act 1936 to 19
`Non-application
redistribution before 1994 triennial election 20
`14R. Section 4F of the Local Government Act 1936 does not apply to a 21
redistribution under this Act that is to take effect for the purposes of the 22
1994 triennial election.'. 23
9
Local Government Legislation Amendment
(No. 2)
of Schedule 2 1
Omission
Schedule 2-- 2
Clause12.
omit. 3
PART 3--AMENDMENT OF LOCAL GOVERNMENT 4
ACT 1936 5
Act 6
Amended
The Local Government Act 1936 is amended as set out in this 7
Clause13.
Part. 8
of s.4F (Meaning of "reviewable local government 9
Amendment
matter") 10
Section 4F(1)(a)-- 11
Clause14.(1)
omit, insert-- 12
`(a) creating new areas; 13
(aa) naming new areas;'. 14
(2) Section 4F(1)(e)-- 15
omit, insert-- 16
`(e) abolishing an area or areas and merging the area or areas with or 17
into an area or areas;'. 18
(3) Section 4F(1)(i)-- 19
omit `a local authority', insert `an area'. 20
(4) Section 4F(1)(j) and (k) (before `changing')-- 21
insert `determining and'. 22
(5) Section 4F(2)(definition "division")-- 23
omit , insert-- 24
10
Local Government Legislation Amendment
(No. 2)
` "area" includes proposed area; 1
"division"-- 2
(a) in relation to the City of Brisbane--means a ward; and 3
(b) includes a division that is a division for the purposes of Part 4 4
only;'. 5
of s.4H (Functions of Commissioner) 6
Amendment
Section 4H(2)(b)-- 7
Clause15.
omit `each local authority mentioned in', 8
insert `to each local authority mentioned in the'. 9
of s.4I (Request by Commissioner for reference) 10
Amendment
Clause16. Section 4I(4)(after `within 7')-- 11
insert `sitting'. 12
of s.4J (Report and recommendations to be obtained 13
Amendment
before reviewable local government matter implemented) 14
Section 4J(1)-- 15
Clause17.(1)
omit `changes in relation to'. 16
(2) Section 4J(2)-- 17
omit `change', insert `reviewable local government matter'. 18
of s.4L (Assessment of proposed external boundary 19
Amendment
alterations) 20
Clause18.(1) Section 4L (heading)-- 21
omit, insert-- 22
`Assessment of impact of certain proposals'. 23
11
Local Government Legislation Amendment
(No. 2)
(2) Section 4L-- 1
omit `the external boundaries of an area be changed', 2
insert `a reviewable local government matter mentioned in section 3
4F(1)(a), (b), (d) or (e) be implemented'. 4
of s.4ZI (Reports to be tabled etc.) 5
Amendment
Section 4ZI(2)-- 6
Clause19.(1)
omit `Boundaries'. 7
(2) Section 4ZI(2)(a)-- 8
omit `offices', insert `an office'. 9
of s.5 10
Amendment
Clause20.(1) After section 5(1)(ii)(i)-- 11
insert-- 12
`(j) assign and reassign members of a local authority to divisions of 13
its area for the purposes of Part 4; and 14
(k) change the class of an area; and 15
(l) determine and change the composition of a local authority.'. 16
(2) Section 5(1)(ii)-- 17
omit-- 18
`Proclamation of City. The Governor in Council by Proclamation may 19
constitute a Town or a Shire to be a City.'. 20
(3) Section 5(1)(ii)-- 21
omit-- 22
`Proclamation of a Town or Shire. The Governor in Council by 23
Proclamation may constitute a Town to be a Shire or a Shire to be a Town.'. 24
12
Local Government Legislation Amendment
(No. 2)
(4) Section 5(1)(iii) to (ix)-- 1
omit, insert-- 2
`Public notice of proposed recommendation to implement reviewable 3
local government matter 4
`(1A) If the Commissioner is considering recommending in a report that 5
a reviewable local government matter be implemented, the Commissioner 6
must first cause public notice to be given, by advertisement published at 7
least once in-- 8
(a) the Gazette; and 9
(b) a newspaper circulating in areas that would be affected by the 10
reviewable local government matter if it were implemented. 11
`(1B) The notice must specify-- 12
(a) the general effect of the proposed recommendation; and 13
(b) that particulars of the proposed recommendation, including 14
reasons and views and, where appropriate, any relevant maps, are 15
open to inspection by all persons at-- 16
(i) the office of the Commissioner at Brisbane; and 17
(ii) the public office of each local authority that would be 18
affected by the reviewable local government matter if it were 19
implemented; and 20
(c) that submissions in relation to the matter-- 21
(i) may be made in writing to the Commissioner at a specified 22
address; and 23
(ii) must specify the grounds of the submission and the facts 24
and circumstances relied on in support of the grounds; and 25
(d) a day on or before which the particulars and any maps may be 26
inspected and submissions made. 27
`(1C) The specified day must not be earlier than 30 days after-- 28
(a) the publication of the advertisement in the Gazette; or 29
(b) the publication or first publication of the advertisement in the 30
newspaper; 31
13
Local Government Legislation Amendment
(No. 2)
whichever is the later. 1
`(1D) The particulars and any maps must be kept open to inspection as 2
specified in the advertisement. 3
`(1E) Submissions in relation to the matter must be made as specified in 4
the advertisement. 5
`Commissioner's role when submissions received 6
`(1F) The Commissioner must consider all submissions properly made 7
in relation to the proposed implementation of a reviewable local government 8
matter. 9
`(1G) The Commissioner may vary the proposed recommendation of 10
which public notice was given under subsection (1A). 11
`(1H) However, the Commissioner may substantially vary the proposed 12
recommendation only if the Commissioner gives public notice of the varied 13
proposed recommendation under subsection (1A). 14
`(1I) The Commissioner's report must include a summary of the 15
submissions. 16
`(1J) The submissions must be given to the Minister when the report 17
under Part 2A is given to the Minister. 18
`Implementation not to be substantially different from 19
Commissioner's recommendation 20
`(1K) A reviewable local government matter may be implemented only 21
if it does not vary substantially from the Commissioner's recommendation. 22
`Effect of Local Government Legislation Amendment Act (No. 2) 1992 23
on matters referred before commencement 24
`(1L) Section 5(1A) to (1K) applies to a reviewable local government 25
matter that has been referred to the Commissioner before the 26
commencement of the Local Government Legislation Amendment Act 27
(No. 2) 1992. 28
`(1M) However, the provisions of this Act in force immediately before 29
the commencement of the Local Government Legislation Amendment Act 30
(No. 2) 1992 continue to apply to a reviewable local government matter that 31
is the subject of a report by the Commissioner received by the Minister 32
14
Local Government Legislation Amendment
(No. 2)
before the commencement instead of the provisions of this Act (other than 1
this subsection) in force after the commencement. 2
`Orders in council 3
`(1N) An order in council made under this section is subordinate 4
legislation.'. 5
of s.6 6
Amendment
Clause21.(1) Section 6(1)(i)(1st sentence)-- 7
omit-- 8
`as the Governor in Council from time to time declares by Order in 9
Council', 10
insert `as is determined from time to time under section 5'. 11
(2) Section 6(1)(i)(2nd paragraph commencing with the word `If')-- 12
omit, insert-- 13
`If, immediately before the commencement of the Local Government 14
Legislation Amendment Act (No. 2) 1992, a town is divided for the 15
purposes of Part 4, the division and the number of members assigned to 16
each division continues after the commencement until varied under this 17
Act.'. 18
(3) Section 6(1)(ii)(1st sentence)-- 19
omit-- 20
`as the Governor in Council from time to time declares by Order in 21
Council', 22
insert `as is determined from time to time under section 5'. 23
(4) Section 6(1)(ii) (2nd paragraph)-- 24
omit, insert-- 25
`If, immediately before the commencement of the Local Government 26
Legislation Amendment Act (No. 2) 1992, a shire is divided for the purposes 27
of Part 4, the division and the number of members assigned to each 28
division continues after the commencement until varied under this Act.'. 29
15
Local Government Legislation Amendment
(No. 2)
of s.7 1
Amendment
Clause22. After section 7(6)-- 2
insert-- 3
`Equitable division of area 4
`(6A) In relation to each divided area and each area proposed to be 5
divided, a quota of electors must be determined for each member to be 6
elected for a division of the area. 7
`(6B) The quota is to be determined by dividing the number of electors 8
for the whole area, as nearly as can be ascertained, by the number of 9
members (other than the chairperson) determined or proposed for the area. 10
`(6C) For the purposes of subsection (6B), the number of electors is the 11
number of electors living in the area who are enrolled under the Electoral 12
Act 1992 for an electoral district within, or partly within, the boundaries of 13
the area. 14
`Quota to be observed in division of area and assignment of members 15
`(6D) The quota determined under subsection (6B) is to be observed in 16
dividing the relevant area and in the assignment or reassignment of 17
members to divisions of the area. 18
`(6E) However, the quota may be departed from by a margin of-- 19
(i) if the area has more than 10 000 electors--not more than 20
10%; and 21
(ii) in the case of any other area--not more than 20%. 22
`(6F) If, after the commencement of the Local Government Legislation 23
Amendment Act (No.2) 1992, the Commissioner takes action under section 24
5 that requires the determination of a quota of electors, the quota must be 25
determined as nearly as is practicable at the time public notice relating to the 26
action is given under section 5.'. 27
of new ss.7A7C 28
Insertion
Clause23. After section 7-- 29
insert-- 30
16
Local Government Legislation Amendment
(No. 2)
of electoral arrangements for 1994 triennial elections in 1
`Review
certain circumstances 2
`7A.(1) If the area of a local authority is divided for the purposes of Part 3
4 at the commencement of the Local Government Legislation Amendment 4
Act (No. 2) 1992, the local authority must review the following matters 5
("electoral matters")-- 6
(a) division of its area; 7
(b) the assignment of members to divisions; 8
(c) the composition of the council. 9
`(2) The review must take into account-- 10
(a) community or diversity of interest; and 11
(b) means of communication; and 12
(c) physical features; and 13
(d) density of population; and 14
(e) demographic trends; and 15
(f) developmental trends. 16
`(3) The local authority must resolve to-- 17
(a) adopt as its proposal no change to electoral matters ("a proposal 18
for no change"); or 19
(b) adopt a proposal to change an electoral matter ("a proposal for 20
change"). 21
`(4) A local authority not mentioned in subsection (1) may resolve as 22
provided in subsection (3)(b) if it has taken into account the matters 23
mentioned in subsection (2). 24
`(5) A local authority must give written notice of the resolution to the 25
Minister before-- 26
(a) 26 February 1993; or 27
(b) if the Minister before 26 February 1993 allows a later day--that 28
day. 29
`(6) A local authority that passes a resolution under subsection (3) must 30
17
Local Government Legislation Amendment
(No. 2)
certify, in writing, to the Minister that-- 1
(a) if the effect of the resolution being implemented would be that the 2
area would be divided for the purposes of the 1994 triennial 3
election--the number of electors for each member for each 4
division is within the quota for the area after allowance is made 5
for the margin permitted by section 7(6E); and 6
(b) the matters mentioned in subsection (2) have been properly taken 7
into account. 8
`(7) For the purpose of calculating whether the number of electors for 9
each member is within the quota for the area after allowance is made for the 10
margin permitted by section 7(6E), the local authority must base its 11
calculation on the number of electors in its area, and in each division or 12
proposed division, on a day after 30 October 1992 fixed by the local 13
authority. 14
`(8) In the case of a proposal for change, the Minister must refer the 15
proposal to the Commissioner under section 4H and may include any other 16
electoral matter in the reference. 17
`(9) In the case of a proposal for no change, the Minister may refer the 18
proposal to the Commissioner under section 4H and may include any 19
electoral matter in the reference. 20
`(10) If a proposal is for, or includes, division of the area or the 21
assignment or reassignment of members to divisions of the area, the 22
Commissioner must examine whether the proposal complies with the quota 23
for the area after allowance is made for the margin permitted under section 24
7(6E). 25
`(11) The Commissioner may consider whether any of the matters 26
mentioned in subsection (2) have been properly taken into account in 27
relation to a proposal. 28
`(12) Part 2A (other than sections 4K and 4M) applies to a proposal or 29
electoral matter referred to the Commissioner under subsection (8) or (9). 30
`(13) However, any public notice of the proposed recommendation for a 31
change to an electoral matter need not include reasons or views for the 32
proposed recommendation. 33
`(14) A report by the Commissioner under section 4M may specify 34
18
Local Government Legislation Amendment
(No. 2)
reasons for the recommendations and views contained in the report. 1
local authority that fails to comply with s.7A 2
`Divided
`7B.(1) If a local authority-- 3
(a) is required to take action under section 7A; and 4
(b) fails to give notice to the Minister under section 7A(5) of a 5
resolution; 6
the area of the local authority becomes undivided for the purposes of Part 4 7
for the purposes of the triennial election of the council due to be held in 8
1994 and for subsequent elections. 9
`(2) The Minister must notify, by Gazette notice, the fact that the local 10
authority has become undivided for the purposes of Part 4. 11
`(3) Subsection (1) ceases to apply to the local authority if the area later 12
becomes, under section 5, divided for the purposes of Part 4. 13
on divisions for other purposes 14
`Effect
`7C. If-- 15
(a) at the commencement of the Local Government Legislation 16
Amendment Act (No. 2) 1992, the area of a local authority is 17
divided into divisions for purposes other than of Part 4; and 18
(b) an order in council is made under section 5 following a resolution 19
mentioned in section 7A(5), or section 7B applies, so that-- 20
(i) the area is undivided for the purposes of Part 4; or 21
(ii) the divisions of the area for the purposes of Part 4 do not 22
correspond with the divisions mentioned in paragraph (a); 23
then-- 24
(c) the divisions mentioned in paragraph (a) continue until 1 July 25
1994 for all purposes other than of Part 4; and 26
(d) on 1 July 1994-- 27
(i) if the area is divided by order in council--the local authority 28
19
Local Government Legislation Amendment
(No. 2)
becomes divided for all purposes of this Act; or 1
(ii) if the area is undivided by order in council or by the 2
application of section 7B--the local authority becomes 3
undivided for all purposes under this Act.'. 4
5
© State of Queensland 1992
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