Queensland Bills Explanatory Notes Queensland Bills Explanatory Notes[Index] [Search] [Download] [Bill] [Help]
1
Local Government Amendment
LOCAL GOVERNMENT AMENDMENT
BILL 1995
EXPLANATORY NOTES
GENERAL OUTLINE
Objective of the Legislation
The Bill amends the Local Government Act 1993 to clarify that a person
is not required and never has been required to live in the division of a local
government area to become qualified as a councillor for the division.
Reasons for the Bill
Qualifications to become a Councillor
The Local Government Act 1993 specifies the procedures for the conduct
of local government elections. Under the Act (section 169), a person is
qualified to become a councillor of a local government if the person lives in
the local government area and is an elector. General disqualifications from
becoming a councillor are also specified in the Act.
Some doubt has been raised about whether a person who does not live
within a local government division can become a councillor for that division
even though the person lives within another division of the local
government area and is an elector.
The situation has arisen because of the legal interpretation of various
provisions of the Act dealing with the conduct of elections.
To clarify the situation, the proposed legislation puts beyond doubt that a
person is not, and never has been, disqualified from becoming a councillor
for a division merely because the person lives in another division of the
area. This is consistent with the original intention of the provisions.
The Bill will ensure there is no disruption to the election of those
councillors elected at and since the 1994 local government triennial elections
who were not living within the divisions to which they were elected. It
2
Local Government Amendment
follows that all actions taken by the councillors in relation to Council
matters are valid.
Estimated Cost for Government Implementation
There are no additional costs incurred by the Government.
Consultation
The Bill is a result of consultation with certain legal advisers on the
relevant provisions under the Local Government Act 1993.
NOTES ON PROVISIONS
Clause 1 sets out the short title of the Act, namely, the Local
Government Amendment Act 1995.
Clause 2 provides for the amendment of the Local Government Act
1993.
Clause 3 clarifies and puts beyond doubt that a person is not, and never
has been, disqualified from becoming a councillor for a division merely
because the person lives in another division of the area.
© The State of Queensland 1995