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1
Local Government Amendment
LOCAL GOVERNMENT AMENDMENT
BILL 1996
EXPLANATORY NOTE
GENERAL OUTLINE
Policy Objectives of the Bill
The objectives of the Bill are to amend the Local Government Act 1993
as follows--
1. Possible De-amalgamation of Local Government Areas
(a) To provide a process for addressing the possible de-
amalgamation of the local government areas of the Cities of
Cairns, Gold Coast, Ipswich and Mackay and the Shires of
Burnett, Cooloola and Warwick into the local government areas
which existed immediately prior to their creation; and
(b) If de-amalgamation is implemented, to provide for the holding of
fresh elections in 1997 for any reinstated Councils.
2. Possible Elections in 1997 for the Cairns, Gold Coast and Ipswich City
Councils
To include in the de-amalgamation process, a process for addressing the
possibility of elections in 1997 (rather than in 2000) for councillors of the
current local governments of the Cities of Cairns, Gold Coast and Ipswich,
if de-amalgamation is not implemented.
Reasons for and Achievement of the Policy Objectives
Possible De-amalgamation of Local Government Areas
Following consideration of the Electoral and Administrative Review
Commission's Report on "Local Authorities External Boundaries Review",
the Parliamentary Committee for Electoral and Administrative Review
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Local Government Amendment
(PCEAR) made recommendations concerning the external boundaries of
numerous local government areas and recommended the establishment of
an ongoing independent external boundaries review body. Legislation was
enacted in 1992 to establish the office of the Local Government
Commissioner to provide this independent review process.
PCEAR's recommendations for changes to external boundaries were
subsequently referred by the then Minister for Local Government to the
Local Government Commissioner for review, report and recommendation.
The Local Government Commissioner provided final Reports on various
references, some of which recommended the amalgamation of certain local
government areas.
The Reports by the Commissioner recommending the amalgamation of
local government areas were implemented by regulations made under the
Local Government Act 1993. Primarily, the regulations provided for the
following--
Local Government (Shire of Cooloola) Regulation 1993
· Abolishing the areas of the City of Gympie and Shire of Widgee
and creating a new area named the Shire of Cooloola.
· Providing that the composition of the new Cooloola Shire
Council is to consist of the Mayor and 12 other councillors.
· Dividing the new Shire of Cooloola into 4 electoral divisions.
· Holding an election for the new Cooloola Shire Council on 27
November 1993.
Local Government (Mackay and Pioneer) Regulation 1993
· Abolishing the areas of the City of Mackay and the Shire of
Pioneer and creating a new area named the City of Mackay.
· Providing that the composition of the new Mackay City Council
is to consist of the Mayor and 12 other councillors.
· Dividing the new City of Mackay into 9 electoral divisions.
· Holding an election for the new Mackay City Council on 26
March 1994.
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Local Government Amendment
Local Government (Bundaberg and Burnett) Regulation 1993
· Abolishing the areas of the Shires of Gooburrum and Woongarra
and creating a new area named the Shire of Burnett.
· Making a major external boundary alteration between the new
area and the City of Bundaberg.
· Providing that the composition of the new Burnett Shire Council
is to consist of the Mayor and 10 other councillors.
· Dividing the new Shire of Burnett into 7 electoral divisions.
· Holding an election for the new Burnett Shire Council on 26
March 1994.
Local Government (Allora, Glengallan, Rosenthal and Warwick)
Regulation 1994
· Abolishing the areas of the City of Warwick and the Shires of
Allora, Glengallan and Rosenthal and creating a new area named
the Shire of Warwick.
· Providing that the composition of the new Warwick Shire
Council is to consist of the Mayor and 12 other councillors.
· Dividing the new Shire of Warwick into 6 electoral divisions.
· Holding an election for the new Warwick Shire Council on 25
June 1994.
Local Government (Brisbane, Esk, Ipswich, Logan and Moreton)
Regulation 1994
· Abolishing the areas of the City of Ipswich and the Shire of
Moreton and creating a new area named the City of Ipswich.
· Making minor external boundary alterations between the new area
and the Cities of Brisbane and Logan and the Shire of Esk.
· Providing that the composition of the new Ipswich City Council
is to consist of the Mayor and 12 other councillors.
· Dividing the new City of Ipswich into 12 electoral divisions with
one councillor assigned to each division.
· Holding a fresh election for the new Ipswich City Council on 11
March 1995.
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Local Government Amendment
· Declaring the term of office of a person elected as councillor at
the fresh election is to end at the conclusion of the 2000 triennial
elections.
Local Government (Albert, Beaudesert and Gold Coast) Regulation 1994
· Abolishing the areas of the City of Gold Coast and the Shire of
Albert and creating a new area named the City of Gold Coast.
· Making minor external boundary alterations between the new area
and the Shire of Beaudesert.
· Providing that the composition of the new Gold Coast City
Council is to consist of the Mayor and 14 other councillors.
· Dividing the new City of Gold Coast into 14 electoral divisions
with one councillor assigned to each division.
· Holding a fresh election for the new Gold Coast City Council on
11 March 1995.
· Declaring the term of office of a person elected as councillor at
the fresh election is to end at the conclusion of the 2000 triennial
elections.
Local Government (Cairns, Douglas, Mareeba and Mulgrave) Regulation
1994
· Abolishing the areas of the City of Cairns and the Shire of
Mulgrave and creating a new area named the City of Cairns.
· Making minor external boundary alterations between the new area
and the Shires of Douglas and Mareeba.
· Providing that the composition of the new Cairns City Council is
to consist of the Mayor and 12 other councillors.
· Dividing the new City of Cairns into 12 electoral divisions with
one councillor assigned to each division.
· Holding a fresh election for the new Cairns City Council on 11
March 1995.
· Declaring the term of office of a person elected as a councillor at
the fresh election is to end at the conclusion of the 2000 triennial
elections.
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Local Government Amendment
The Coalition Government's policy on Local Government announced
during the State election in 1995 states that "where forced amalgamation
has occurred, the Coalition will legislate for a referendum to be held on de-
amalgamation where ten percent of electors in such a local government area
petition the Minister for Local Government."
The Bill provides for the implementation of the Government's de-
amalgamation commitment by providing a legislative process for--
· giving affected electors the opportunity to petition the Minister for
Local Government and Planning for a referendum on the question
of de-amalgamation (petition forms for this purpose were
approved by the Director-General of the Department of Local
Government and Planning on 20 March 1996);
· the holding of a referendum where petitions for an area are signed
by 10 percent or more of the affected electors;
· the discretionary approval by the Legislative Assembly of the
implementation of a de-amalgamation proposal where the
majority of affected electors enrolled to vote support de-
amalgamation at the referendum; and
· the making of regulations providing for the reinstatement of the
pre-existing areas, the determination of electoral arrangements for
those areas and the holding of fresh elections for the re-instated
areas.
For the purposes of the de-amalgamation process, affected electors who
are entitled to sign the petition are limited to those who were enrolled under
the Electoral Act 1992 as at 27 March 1996 in the amalgamated area or in
parts of areas which were transferred from the amalgamated area to an
adjoining area. Generally, this would include any elector entitled to vote and
residing in an area within the boundaries of the pre-existing amalgamated
areas, e.g. in the case of Burnett Shire, the relevant electors are all those
presently living in the Shire plus around 6000 electors who were transferred
to Bundaberg City. It would also include any electors who were residing in
other local government areas but were incorporated into the amalgamated
area as a result of a minor boundary adjustment with a neighbouring local
government area, e.g. a small part of Beaudesert Shire was transferred to
Gold Coast City.
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Local Government Amendment
For the purpose of voting at a referendum on the question of de-
amalgamation, affected electors are limited to those who on 10 May 1996
are electors under the Electoral Act 1992 in the amalgamated area or in parts
of areas which were transferred from the amalgamated area to an adjoining
area.
Possible Elections in 1997 for the Cairns, Gold Coast and Ipswich City
Councils
The regulations creating the Cities of Gold Coast, Ipswich and Cairns
specified that the term of office for councillors of those areas would be until
the conclusion of the local government triennial elections in the year 2000.
Because of community concerns over the length of the term of office for
the relevant councillors and the behaviour of some Councils, the approved
form of petition in the Cairns, Gold Coast and Ipswich areas, recognised by
the Bill include a statement that if a de-amalgamation referendum is held, an
additional question will be put to electors about whether elections for the
councillors of these Councils should be held in March 1997 at the same
time as elections for councillors of other local governments rather than
remaining deferred until the year 2000.
In such a case, votes cast in the referendum on the question of an early
election will only be relevant if de-amalgamation is not to occur.
For the purpose of voting at a referendum on the question of an early
election, electors entitled to vote are limited to those who on 10 May 1996
are electors under the Electoral Act 1992 in the amalgamated area, e.g.
generally, all those electors entitled to vote and residing in the amalgamated
Cairns City area.
Appropriateness of the way of achieving the Policy Objectives
A new body of legislation is required to implement the policy objectives.
The Local Government Act 1993 currently provides that reviews of
external boundaries are initiated by the Minister through references issued to
the Local Government Commissioner. The Commissioner undertakes a
review following a statutory process and makes recommendations to the
Minister. Recommendations of the Commissioner can be rejected by the
Minister or implemented (or substantially implemented) by regulation.
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Local Government Amendment
The Local Government Act 1993 does not require a referendum to be
held as a condition of external boundary change. Under the Act, a local
government does have discretion to conduct a poll of the electors in its area
or a part of its area on any local government issue of concern. Although a
poll is carried out along similar lines as a referendum, there is no
requirement or obligation on the local government to take any action in
respect of the results of the poll.
To achieve the policy objectives of the Bill it is necessary to lay out
different statutory processes under the Local Government Act 1993 to
address the circumstances specific to the amalgamated areas.
In effect, the Bill gives all electors directly affected by an amalgamation
the opportunity to consider a proposal to restore the external boundaries of
the local government areas that existed immediately before the amalgamated
areas were created.
Administrative Cost to Government of Implementation of the Bill
It is proposed that all reasonable costs associated with the de-
amalgamation process be borne by the respective amalgamated Councils. If
an amalgamated Council is abolished, the opportunity exists for subsequent
recovery of costs to be from the reinstated Councils.
In this respect, the Bill provides that the Minister may give directions to a
local government about meeting the costs of the de-amalgamation
process--
Generally, these costs could include those associated with--
· the production, distribution, receiving and verification of petitions;
· the conduct of a referendum including the cost of preparing and
distributing explanatory material for electors;
· the reinstatement of the pre-existing local government areas;
· the cost of fresh elections for Councils of the reinstated areas.
If the triennial elections for the existing Cairns, Gold Coast or Ipswich
City Councils are held in 1997, the cost will be met by the relevant local
government.
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Local Government Amendment
Consistency with Fundamental Legislative Principles
The Bill is generally consistent with fundamental legislative principles.
Moreover, the Bill significantly advances fundamental legislative principles
dealing with the rights and liberties of individuals by providing a legislative
process for the views of all electors affected by certain significant external
boundary change to their local government areas to be made known.
The Bill retrospectively validates the petition forms published in the
Gazette on 20 March 1996 as the approved form of petition for seeking a
referendum on de-amalgamation. The Bill also validates the signing of an
approved petition form before the commencement of the legislation. These
provisions are designed to enable the referendum process to occur as
quickly as possible in order to minimise uncertainty in the community.
The Bill also enables the Governor in Council to make regulations to
adapt the elections procedures in the Local Government Act 1993 to the
holding of a referendum, to extend times if necessary and to provide for
matters not dealt with in the Bill. A regulation may also have retrospective
effect to a day not earlier than 20 March 1996 (which was the day the form
of petition was approved and gazetted).
The intention of these provisions is to enable the de-amalgamation
process to occur in an orderly way. De-amalgamation can involve complex
legal, administrative and financial matters and adequate powers are needed
to deal with these matters as they arise. There are also complexities in
conducting a referendum on de-amalgamation, because in some cases it
means electors in parts of a number of local government areas may be
entitled to vote. Adequate powers are needed to adapt the normal election
procedures to these special circumstances.
A sunset clause provides for the Bill (other than the parts providing for
the implementation of referendum actions and the allocation of costs of the
process) to expire on 1 July 1997.
Consultation
Varying degrees of consultation have occurred with interested parties
during the preparation of the Bill. Consultation has been carried out by the
Minister for Local Government and Planning and the Department of Local
Government and Planning.
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Local Government Amendment
The following are the primary parties consulted during the preparation of
the Bill--
· Burnett Shire Council
· Cairns City Council
· Cooloola Shire Council
· Gold Coast City Council
· Ipswich City Council
· Mackay City Council
· Warwick Shire Council
· Councils which experienced external boundary changes as a result
of the creation of the local government areas for the above
Councils
· Local Government Association of Queensland Inc.
· Local Government Commissioner
· Relevant Government Departments and Agencies
· Various Community Action Groups and Business Organisations.
In the case of peak bodies, such as the Local Government Association,
the Local Government Commissioner and the amalgamated Councils
consultation included extensive discussions and correspondence with the
parties relating to the provisions of the Bill.
In the case of the Councils adjoining the amalgamated local government
areas, consultation included providing each Council with information
relating to proposals for the Bill and giving them the opportunity to make
enquiries on the provisions of the Bill.
Explanation of Clauses
Clause 1 sets out the short title of the Act.
Clause 2 provides for the amendment of the Local Government Act
1993.
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Local Government Amendment
Clause 3 provides for the insertion of new provisions into the Local
Government Act 1993 dealing with--
· the possible de-amalgamation of the local government areas of
the Cities of Cairns, Gold Coast, Ipswich and Mackay and the
Shires of Burnett, Cooloola and Warwick into the local
government areas which existed immediately prior to their
creation;
· the holding of fresh elections in 1997 for any reinstated Councils,
if de-amalgamation is implemented; and
· the inclusion in the de-amalgamation process of a process for
addressing the possibility of elections in 1997 (rather than in
2000) for councillors of the current local governments of the
Cities of Cairns, Gold Coast and Ipswich, if de-amalgamation is
not implemented.
PART 2A--REINSTATEMENT OF CERTAIN AREAS
Division 1--Preliminary
These provisions assist in clarifying the purpose of the Bill and the
interpretation of terms used in the Bill.
Section 137A sets out the purpose of the new provisions inserted into the
Local Government Act 1993.
The intention of the purpose is to provide a legislative process that could
lead to the reinstatement of the local government areas abolished when the
regulations creating the local government areas of the Cities of Cairns, Gold
Coast, Ipswich and Mackay and the Shires of Burnett, Cooloola and
Warwick took effect.
The process also includes the possibility of triennial elections in 1997 for
the existing Cities of Cairns, Gold Coast and Ipswich.
Section 137B provides explanations for the basic concepts of "affected
area" and "amalgamated area".
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Local Government Amendment
These terms are needed in order to define which electors were entitled to
vote in a referendum. In some cases amalgamation involved more than the
abolition of local government areas to create a new area. It may also have
involved the transfer of parts to and from adjoining local government areas,
e.g. a part of Beaudesert Shire was transferred to the new City of Gold
Coast with another part being transferred from the City to the Shire. The
term "affected area" is used to include these parts, so that that electors in
them can participate in the process.
The terms are also needed because there are two types of referendum
provided for in the Bill. The first is a referendum on de-amalgamation,
where electors of an "affected area" are entitled to vote. The second is a
referendum on holding the next triennial elections for Cairns, Gold Coast or
Ipswich City Councils in 1997. This is a referendum where electors of an
"amalgamated area" are entitled to vote.
An affected area is the total area directly affected by an amalgamation of
a local government area. The affected area includes the area which makes up
the newly created area and any area which was transferred from the newly
created area at the time of its creation to an adjoining local government area.,
e.g. in the case of Gold Coast City, the affected area comprises--
· the area of the current City of Gold Coast (i.e. the former Gold
Coast City plus the former Albert Shire plus a small area
transferred from Beaudesert Shire); and
· the area of the former Albert Shire transferred to Beaudesert
Shire.
An amalgamated area comprises a newly created local government area,
e.g. the current area of the City of Gold Coast, the current area of the Shire
of Warwick or the current area of the City of Cairns. It does not include any
parts transferred to adjoining local government areas, e.g. the part of the
former Moreton Shire now in the Shire of Esk.
Section 137C provides for the meaning of various terms used in the new
provisions inserted into the Local Government Act 1993. The provisions of
the Bill also use terms that are defined in the Local Government Act 1993,
e.g. the term "elector".
Section 137D is intended to define how a referendum question is
approved. An elector approves a referendum question if he/she votes in the
affirmative.
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Local Government Amendment
The section also provides that a referendum question on de-
amalgamation is taken to be approved if supported by the majority of
affected electors enrolled in each voting area. A voting area is defined in
sections 137F to 137L respectively for each of the affected areas. The
intention is that a referendum must be approved by electors in each pre-
existing local government area. A voting area approximates this.
The section further provides that a referendum question on the holding of
an early election in the areas of Cairns, Gold Coast and Ipswich are taken to
be approved if supported by the majority of electors enrolled in the newly
created amalgamated area.
The section specifies that an elector opposes a referendum question if
he/she votes in the negative.
Section 137E explains what is meant by a reference to an "affected area's
amalgamated area" and an "amalgamated area's affected area". Examples
are set out in the Bill.
Division 2--Specific information about affected areas and amalgamated
areas and other important concepts
These provisions provide specific information dealing with each of the
amalgamated local government areas of the Cities of Cairns, Gold Coast,
Ipswich and Mackay and the Shires of Burnett, Cooloola and Warwick
which is necessary to assist in understanding and interpreting the provisions
of the Bill.
Burnett
Section 137F provides specific information about the Burnett area, for
example--
The "affected Burnett area" is the area of the Shire of Burnett and the
parts of the former Shires of Gooburrum and Woongarra that were
transferred to the City of Bundaberg.
If a referendum is conducted for the affected Burnett area, voting area 1
is the pre-existing area of Gooburrum and voting area 2 is the pre-existing
area of Woongarra.
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Local Government Amendment
The "amalgamated Burnett area" is the current area of the Shire of
Burnett.
The "boundary affected local government" is the Bundaberg City
Council. As an adjoining local government area, the external boundaries of
Bundaberg City were affected by the inclusion of areas from the pre-
existing Gooburrum and Woongarra Shires.
Cairns
Section 137G similarly specifies information about the Cairns area.
Cooloola
Section 137H similarly specifies information about the Cooloola area.
Gold Coast
Section 137I similarly specifies information about the Gold Coast area.
Ipswich
Section 137J similarly specifies information about the Ipswich area.
Mackay
Section 137K similarly specifies information about the Mackay area.
Warwick
Section 137L similarly specifies information about the Warwick area.
Division 3--Petition
These provisions provide for the first step in the de-amalgamation
process and deal with the lodgement, verification and recognition of
petitions.
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Local Government Amendment
Section 137M enables affected electors to petition the Minister for Local
Government and Planning for a referendum on the question of de-
amalgamating their respective amalgamated areas. In order to be entitled to
sign an approved petition form, a person must be enrolled under the
Electoral Act 1992 as at the 27 March 1996 as an elector for an electoral
district (or part of an electoral district) within the affected area, i.e. the
person's name must appear on the relevant electoral roll as at that date.
Section 137N describes the approved form of petition and the
requirements for filling out the petition.
To give affected electors adequate time to organise any petitions, the
petition forms were approved by the Director-General of the Department of
Local Government and Planning on 20 March 1996 and published in an
Extraordinary Gazette of the same date. To be a valid petition, each entry
and each petition page submitted to the Minister must be in the approved
form and must comply with the requirements.
This section also sets the criteria to be applied in determining if an entry
on a petition page is to be accepted. The intention is that an elector must
show his/her surname, given names and address as shown on the relevant
electoral roll in order to be accepted. However, variations are permitted if
the identity of the elector is clear from a comparison of the petition page and
the electoral roll.
In the case of petitions in the Cairns, Gold Coast and Ipswich areas, the
approved petition form includes a statement that if a referendum is held, an
additional question will be put to electors about whether elections for the
councillors of the Councils for these areas should be held in March 1997 at
the same time as elections for councillors of other local governments rather
than remaining deferred until the year 2000. Votes cast in the referendum
on the question of an early election will only be relevant if de-amalgamation
is not to occur.
Section 137O provides for the lodgement of petitions to the Minister and
the verification of the entries on petitions by the Director-General of the
Department of Local Government and Planning. The criteria for verification
is set out in section 137N. If at least 10% of the affected electors for an
affected area sign the petition, it is a qualifying petition and automatically
triggers the next step in the de-amalgamation process.
Section 137P requires the Minister to give gazette notice as to whether a
petition qualifies or does not qualify. In the case of a qualifying petition the
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Local Government Amendment
gazette notice must also advise that a referendum is to be held. The Minister
must also table in Parliament a copy of qualifying and non-qualifying
petitions, a copy of the relevant gazette notices and a copy of the document
to the Minister from the Director-General advising whether or not the
petition qualifies.
Division 4--Referendum
These provisions provide for the second step in the de-amalgamation
process being the conduct of a referendum and a second referendum in the
Cities of Cairns, Gold Coast and Ipswich. The second referendum is on the
question of holding the next elections in 1997 instead of the year 2000.
Because there are two referendums there are two categories of affected
electors entitled to vote, for example--
Gold Coast Referendums
Referendum Questions Affected Electors Voting Areas
De-amalgamation All those electors in the Voting Area 1
pre-existing areas of Albert
The pre-existing area
(including a part currently
of Gold Coast.
in Beaudesert Shire), the
pre-existing area of Gold Voting Area 2
Coast and the part of
The pre-existing area
Beaudesert Shire which was
of Albert (including a
included in the current City
part currently in
of Gold Coast.
Beaudesert Shire) and
the part of Beaudesert
Shire which was included
in the current City of
Gold Coast.
Early Election All those electors in the The amalgamated
current area of the City of area of the City of Gold
Gold Coast. Coast.
In the case of the Cities of Cairns, Gold Coast and Ipswich, if a
referendum on de-amalgamation is to be held, the referendum on early
elections is to be held at the same time.
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Local Government Amendment
Subdivision 1--Preliminary
Section 137Q provides that the provisions of this division apply if the
Minister has notified that there is to be a referendum for an affected area.
Subdivision 2--Holding a referendum
Section 137R requires the holding of a referendum in an affected area on
the question of de-amalgamation if the Minister has notified that a
referendum be held.
The provisions also require a referendum on the question of an early
election of councillors if a referendum is to be held in either of the affected
areas of Cairns, Ipswich or Gold Coast on the question of de-
amalgamation.
Section 137S provides for the setting of a de-amalgamation referendum
question. The referendum question must ask the affected electors whether
they approve or oppose abolishing the affected area's corresponding
amalgamated area, and--
(a) for the affected areas of Cooloola, Mackay and
Warwick--reinstating the local government areas that existed for
the affected area immediately before the amalgamations in 1993
and 1994; or
(b) for the affected areas of Burnett, Cairns, Gold Coast and
Ipswich--reinstating the local government areas and external
boundaries (of adjoining local government areas, e.g. in the case
of Burnett, reinstating the external boundaries of Bundaberg City)
that existed immediately before the amalgamation and boundary
changes in 1993 and 1994.
Section 137T provides for the setting of the referendum question on the
holding of an early election for the councillors of either the Cities of Cairns,
Gold Coast or Ipswich. The referendum question must ask the affected
electors if they approve or oppose the holding of early elections.
Section 137U requires the Minister to appoint a returning officer and
assistant returning officer for the purpose of conducting a referendum or
referendums (as the case may be). The returning officer must conduct the
referendum(s) and operate a public office for this purpose.
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Local Government Amendment
At the request of the returning officer, affected local governments are
required to provide him/her all reasonable assistance for conducting a
referendum, e.g. the returning officer may require to borrow ballot boxes
for the purpose of conducting a referendum.
Section 137V provides for the fixing of a referendum day by the
returning officer, to be a Saturday not later than 27 July 1996. A later day
(not later than Saturday 24 August 1996) may be fixed by regulation if the
returning officer has not given public notice of the referendum day.
If need be, the day fixed by the returning officer can be extended by the
Governor in Council under a reserve power in section 137X to a day no
later than 24 August 1996. Further, as a last resort, the regulation making
power under section 137ZZG(2)(b) could be utilised by the Governor in
Council to fix an even later day if the circumstances required.
Section 137W requires the returning officer to give public notice of the
referendum day and to also notify electors of certain information dealing
with the conduct of the referendum(s).
Section 137X provides the Governor in Council with a reserve power to
fix a later referendum day than that fixed by the returning officer (but not
later than 24 August 1996). If a later day is fixed, the returning officer is to
publish, in a newspaper circulating generally in an affected area or
amalgamated area (as the case may be), a notice providing any necessary
directions to electors about revised procedures to be followed.
Sections 137Y requires the returning officer to compile a voters roll for
each voting area for a referendum on de-amalgamation, e.g. in the case of
Burnett Shire a voters roll needs to be compiled for each of the pre-existing
areas of Gooburrum and Woongarra.
The roll must comprise of electors under the Electoral Act 1992 who are
enrolled for an electoral district (or part of an electoral district) included in
the voting area for the affected area. The cut-off day for the roll has been set
at 10 May 1996 to enable adequate time for the compiling of rolls prior to
the holding of the referendum.
Similarly, for a referendum on holding early elections, a roll of electors
in the amalgamated area must be compiled. The cut-off date for this roll is
also 10 May 1996.
Section 137Z to 137ZB provide for requirements for compiling the
voters rolls on the question of de-amalgamation in the Cairns, Ipswich and
Gold Coast affected areas.
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Local Government Amendment
In these cases, the compilation of the rolls is more complex because there
are two referendums and the entitlement to vote at each referendum is
different. Some electors will receive one ballot paper with two referendum
questions on it whilst others receive one ballot paper with only one
question. Special roll arrangements are also needed to enable the results of
each referendum to be determined. For example, in the case of Ipswich, the
voting areas for the calculation of the result of a referendum on de-
amalgamation comprises--
Voting Area 1--the pre-existing area of Ipswich City.
Voting Area 2--the pre-existing area of Moreton Shire (which includes
three segments being those parts transferred from the pre-existing Moreton
Shire to Brisbane City, Logan City and Esk Shire) and the part transferred
from Logan City into the current City of Ipswich.
For the referendum on holding early elections, the roll is made up of
electors in the current City of Ipswich.
The provisions of these sections will alleviate the complexities of
identifying electors for the purpose of a referendum.
Section 137ZC provides for the inspection and purchase of a voters roll.
Section 137ZD requires the Minister to appoint a person to prepare an
explanatory statement to allow the returning officer to adequately advise
affected electors of the necessary information to enable them to make an
informed decision when voting at a referendum on either the question of de-
amalgamation or the question of early elections.
The statement is to include certain information relating to financial costs
and the advantages and disadvantages of implementing a referendum action.
For example, for an explanatory statement for a de-amalgamation proposal,
relevant information would include the cost of abolishing and reinstating
local governments including the costs of holding fresh elections for
reinstated Councils.
In preparing the information, the Minister can give the person directions
about the format of the statement. The Minister's power in this respect will
enable a State-wide consistent approach to be taken in the format of
statements if different people are appointed to prepare statements for
different referendums.
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Local Government Amendment
Section 137ZE provides for the appointed person to receive reasonable
remuneration for, and reimbursement of reasonably incurred expenses in,
the preparation of an explanatory statement. The section permits the
Minister to enter into an agreement with the appointed person, and outlines
matters which the agreement may include.
Section 137ZF enables an appointed person to request and be given
information necessary for the preparation of the explanatory statement from
a local government.
Section 137ZG provides that an explanatory statement and an appointed
person's decisions made in the preparation of the explanatory statement are
not justiciable. The provisions in this respect are similar to those relating to
the preparation of Regulatory Impact Statements under sections 40 to 41 of
the Statutory Instruments Act 1992.
Section 137ZH requires the Local Government Commissioner to prepare
an electoral arrangements statement of the electoral arrangements (i.e. likely
number of councillors, likely electoral divisions if any, assignment of
councillors to electoral divisions) likely to apply for each reinstated local
government area if the referendum proposal for de-amalgamation is
implemented.
In addition, for a referendum on holding early elections, a similar
statement must be prepared by the Local Government Commissioner on the
likely electoral arrangements to apply.
This is additional information which will assist electors in making an
informed decision when voting at a referendum.
A later provision in the Bill (section 137ZY) enables regulations to be
made setting the electoral arrangements in either of these cases without
regard to the normal process of referring a reviewable local government
matter to the Commissioner for assessment and advertising as required
under the Local Government Act 1993. However, regard must be had to the
tolerance requirements in section 233 of the Local Government Act 1993. In
the case of electoral arrangements for reinstated local government areas, the
electoral arrangements are to also be in substance similar to those that
applied prior to those areas being abolished.
Section 137ZI specifies the circumstances when a returning officer must
prepare a summary of an electoral arrangements statement to be called a
"short form electoral arrangements statement" and specifies the matters
which must be included in the statement.
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Local Government Amendment
In some cases, the electoral arrangements statement prepared by the
Local Government Commissioner could be too voluminous for sending to
electors. The summary ensures that electors are adequately informed and if
need be, electors (under section 137ZJ) can inspect the full statement at the
returning officer's public office or at other places determined by the
returning officer.
Section 137ZJ provides that the returning officer for a referendum for an
affected/amalgamated area is to provide each affected elector at a reasonable
time before the referendum date, with the relevant explanatory statement
and the electoral arrangements statement (or summary as the case may be)
for the referendum on the question of de-amalgamation or the relevant
explanatory statement and electoral arrangements statement (or summary as
the case may be) for the referendum on the question of an early election.
Section 137ZK clarifies that a local government which considers it will
be affected by the outcome of a referendum, may inform affected electors
of its views about the referendum question.
Section 137ZL provides that voting at a referendum is compulsory.
Section 137ZM applies (with any necessary changes or changes
prescribed by regulation) the provisions of the Local Government Act 1993,
i.e. chapter 5 (Local government elections), part 6 (Conduct of elections) to
a referendum. Examples of necessary changes and the provisions which
have no application are outlined in the section.
Subdivision 3--Alternative provisions
Section 137ZN provides that a provision of chapter 5, part 6 of the Local
Government Act 1993 does not apply to the extent that it is inconsistent with
the alternative provisions in this subdivision.
Section 137ZO empowers the Governor in Council to direct that a
referendum for the whole, or a part, of an affected area or amalgamated area
be conducted by postal ballot.
Section 137ZP provides the requirements for the preparation and use of
ballot papers. For a referendum on de-amalgamation, a separate coloured
ballot paper must be used for each voting area. This will assist to determine
if a majority of electors enrolled in each voting area have supported the
referendum proposal.
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Local Government Amendment
A single ballot paper must be used for the affected electors entitled to
vote at both referendums on de-amalgamation and early elections. This will
enable two questions to be addressed on the one ballot paper for electors
within the amalgamated areas of Cairns, Ipswich and Gold Coast. In all
other cases, only one question will be asked, i.e the de-amalgamation
question.
Section 137ZQ specifies how an affected elector may vote for or against
a referendum question.
Section 137ZR specifies the requirements for accepting a ballot paper
from an elector, including the requirements for accepting a declaration vote.
Section 137ZS provides for the appointment by the returning officer of
scrutineers for a referendum. An individual or group of individuals
reasonably identified by the returning officer in the community as
supporting or opposing the referendum question may appoint a
scrutineer(s) to be present at a polling booth or a place for examination of
declaration envelopes or votes. Further, an affected local government may
appoint a scrutineer(s). If the efficiency of the conduct of the referendum
could be adversely affected, a returning officer may reject the appointment
of further scrutineers and may direct one or more scrutineers to leave a
place. A scrutineer must comply with a direction or otherwise be subject to
a maximum penalty of 10 penalty units ($750).
Section 137ZT provides for approved forms of declaration envelopes
and the processing of those envelopes by the returning officer.
Division 5--Implementing referendum action for affected area
These provisions provide for the third step in the de-amalgamation
process which could lead to the implementation of a de-amalgamation
proposal.
Section 137ZU provides that the provisions of this division apply only
when the Minister has been notified of the result of a referendum for an
affected area and each voting area of the affected area has approved the
referendum proposal under the referendum. In this respect, a referendum on
de-amalgamation is approved if a majority of affected electors enrolled in
each of the pre-existing local government areas support the referendum
question.
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Local Government Amendment
Section 137ZV provides that the result of the referendum must be tabled
in the Legislative Assembly by the Minister within 7 sitting days after being
notified of the result. The Governor in Council may make a regulation
implementing the referendum action if, within 7 sitting days of the Minister
tabling the result of the referendum, the Legislative Assembly resolves that
the Governor in Council be asked to make a regulation implementing the
referendum action.
The referendum action must not be implemented if within 7 sitting days
of tabling the result of the referendum, the Legislative Assembly does not
resolve to ask the Governor in Council to make such a regulation.
Sections 137ZW, ZX, ZYand ZZ provide that if the Legislative
Assembly requests the Governor in Council to make a regulation
implementing the referendum action that the Governor in Council may
make a reinstatement regulation.
The intent of the reinstatement regulation is to put in place all the
necessary arrangements which need to occur to complete the de-
amalgamation process. For example, the regulation provides for matters
such as--
· abolishing the amalgamated area;
· reinstating a pre-existing area by creating a new local government
area with the name and external boundaries that the pre-existing
area had immediately before amalgamation;
· reinstating the external boundaries of each adjoining local
government area that were changed by amalgamation;
· holding fresh elections for the councillors for each reinstated area
at the time of the triennial elections in 1997;
· apportionment of assets and liabilities of the local government for
the amalgamated area, including through the appointment of
transitional committees or an independent entity;
· appointment by the Minister of a transition officer to give
directions to local governments to ensure the implementation of
efficient and effective transitional arrangements;
· establishing for each reinstated area the electoral arrangements in
substance that applied for its corresponding pre-existing area
immediately before amalgamation;
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Local Government Amendment
· if need be, adjustment of the boundaries of electoral divisions of
the reinstated area to comply with the quota requirements in
section 233 of the Local Government Act 1993;
· possibly adjusting the electoral arrangements of adjoining local
governments affected by amalgamation, e.g. the City of
Bundaberg where approximately 6,000 electors would no longer
be electors of the City but would be electors of the reinstated
Gooburrum and Woongarra Shires as a result of de-
amalgamation. (This process would, however, not apply to
Brisbane City. In the case of Brisbane, the electoral arrangements
for the City and the Council are not determined by a process
under the Local Government Act 1993 but are governed by the
provisions under the City of Brisbane Act 1924. It is not practical
to initiate the process or disrupt the provisions under the City of
Brisbane Act 1924.)
Prior to the making of the reinstatement regulation, the Minister is
required to consult the Local Government Commissioner on the electoral
arrangements for the reinstated areas.
Prior to finalising any electoral arrangements for adjoining local
governments affected by de-amalgamation, the Minister must also consult
the relevant local government and forward any proposals received to the
Local Government Commissioner for consideration and recommendation
on the electoral arrangements that should apply.
To assist in the reinstatement process, section 137ZX enables the
Minister to request information or advice from the Local Government
Commissioner regarding the division of assets and liabilities of the affected
area's amalgamated area and each boundary affected local government.
Division 6--Implementing referendum action for amalgamated area
These provisions apply if the question on early elections for the
councillors of the Cities of Cairns, Gold Coast or Ipswich is approved and a
de-amalgamation is not implemented.
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Local Government Amendment
Section 137ZZA provides that the provisions of this division apply--
· where the Minister has been notified of the result of a referendum
for an amalgamated area and the electors have approved the
referendum question (a referendum for an amalgamated area is
approved if the majority of affected electors enrolled in the
amalgamated area approve the referendum question); and
· where a proposal for de-amalgamation is not implemented.
Section 137ZZB enables the Governor in Council to make a regulation
implementing the referendum proposal for an early election for the
amalgamated area. The early election regulation may amend the
amalgamated area's corresponding amalgamation regulation (which fixed
the next election to be held in the year 2000) and may include provisions
for--
(a) revoking the cancellation of the 1997 triennial elections for
councillors of the amalgamated area;
(b) requiring triennial elections for the councillors of the local
government of the amalgamated area to be held in 1997;
(c) clarifying that the term of office of a person who was elected as a
councillor for an amalgamated area in the fresh elections held in
March 1995 ends at the conclusion of the triennial elections to be
held in 1997; and
(d) rationalising the electoral divisions of an amalgamated area so as
to comply with the quota provisions under section 233 of the
Local Government Act 1993.
Division 7--Costs
These provisions provide for the allocation of costs relating to the de-
amalgamation process. Generally, all reasonable costs associated with the
process are to be met by the relevant amalgamated local government or if
abolished, thereafter by the reinstated local governments.
Section 137ZZC enables the Minister to give directions about costs.
Such directions may be given to local governments concerning the costs of
implementing the provisions of this Bill and to entities regarding their
accountability to a local government where costs incurred by the entity are
payable by a local government.
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Local Government Amendment
Section 137ZZD provides that the local government of an amalgamated
area must bear the costs of a referendum, irrespective of whether or not the
cost is provided for in its budget.
Section 137ZZE enables the Minister to determine the conditions
appointment (i.e. fees, allowances and expenses) of a transition officer
appointed under a reinstatement regulation and the meeting of those costs
by either the relevant amalgamated local government or if abolished, by the
reinstated local governments.
Division 8--Miscellaneous
Section 137ZZF provides for proof of a voters roll.
Section 137ZZG provides a general and wide regulation making power
for the Governor in Council to assist (if need be) in the successful meeting
of the objectives of the Bill.
Section 137ZZH exempts regulations made under the provisions of the
Bill from the requirements under the Statutory Instruments Act 1992 for the
preparation and advertising for comment of Regulatory Impact Statements.
Compliance with these provisions would unnecessarily disrupt the strict
timetable for implementing the de-amalgamation process described in this
Bill.
Section 137ZZI provides for the sunsetting of certain provisions of this
Bill. In this respect, the provisions provide for the Bill (other than the parts
providing for the implementation of referendum actions and the allocation
of costs of the process) to expire on 1 July 1997.
The sunset clause has not been applied to these provisions so as to ensure
that adequate time is available for addressing the extensive transitional
arrangements which need to occur if a de-amalgamation is to be
implemented e.g. apportionment of assets and liabilities. These provisions
of the Bill can be repealed by legislation (e.g. a Statute Law Revision Act)
when they have become redundant.
© The State of Queensland 1996