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Local Government Amendment Bill 2001
EXPLANATORY NOTES
GENERAL OUTLINE
Short Title
The short title of the Bill is the Local Government Amendment Bill 2001.
Objectives
The primary objective of the Bill is to amend the Local Government Act 1993, with
regards to removing the barrier to local government councillors standing for State
Parliament, from which they are presently required to resign from their position on the
council in standing for a seat.
The following Bill will enable councillors to stand aside from their council duties for
only the duration of the election campaign in which they stand as a nominated
candidate for Parliament.
To achieve this the Bill will omit the Government's earlier inclusion of Section 224A
(Councillor ceases to be councillor on becoming candidate for an Australian
Parliament), from the Local Government Act 1993.
Further, by amending Section 298 (3) (Qualification for nomination), and inserting a
new Section 299A (Councillor to take leave to contest State Election), this will
provide for the councillor to officially become a candidate for the election at the time
of the display of the names at the returning officer's office under the Electoral Act
1992, Section 88 (3).
As a result, the councillor will only be required to stand aside from their council
position and duties for the shortest time possible, that is the duration of the election
campaign.
Reasons for the Bill
In May this year the Opposition opposed the passage of the Local Government and
Other Legislation Amendment Bill 2001 with regards to the insertion into the Local
Government Act 1993 of Section 224A, under which a councillor ceases to be a
councillor on becoming a candidate for an Australian Parliament.
It is important to note that out of the 74 submissions received as to whether or not
councillors should resign, 61 opposed the proposal of which the majority represented
various local governments in Queensland.
The proposed legislation also appears to have been based on an incorrect premise that
shire councillors across rural and regional Queensland are in full time, salaried
positions.
However, a number of rural councillors are only paid an annual meeting fee and an
allowance for any travel-related costs.
On 20 November 2001 the Court of Appeal found in favour of the Local Government
Association of Queensland (LGAQ) in an appeal against the legislation in relation to
federal elections.
In light of this decision which has questioned the validity of the Beattie Government's
legislation, it is integral that local councillors in Queensland should be able to stand as
a candidate for State Parliament without having to resign from their position on the
Council.
The proposed bill intends to achieve this.
NOTES ON PROVISIONS
PART 1-PRELIMINARY
Short title
Clause 1 provides that the short title of the Act may be cited as the Local Government
Amendment Act 2001.
PART 2- AMENDMENT OF LOCAL GOVERNMENT ACT 1993
Act Amended
Clause 2 provides that this Bill amends the Local Government Act 1993.
Omission of s224A (Councillor ceases to be councillor on becoming candidate for
an Australia Parliament).
Clause 3 provides that Section 224A of the Local Government Act 1993 is omitted.
This provides that Councillors cease to hold office on becoming a candidate for an
election as a member of the Legislative Assembly, Senate or House of
Representatives.
Amendment of s298 (Qualification for nomination)
Clause 4 omits provisions from Section 298 that provide for the disqualification of
councillors who cease to hold office on becoming a candidate for an election as a
member of the Legislative Assembly, Senate or House of Representatives.
Section 298 (3) is to be omitted and subsequently Section 298 (4) is to be renumbered
as Section 298 (3) in the Local Government Act 1993.
Insertion of new s299A
Clause 5 provides that after Section 299, `299A (Councillor must take leave to contest
State Election) be inserted.
Section 299A requires a councillor who becomes a candidate for election as a member
of the Legislative Assembly to take leave of absence without remuneration. The leave
of absence is for the period from acceptance of nomination as a candidate until the
announcement of the election result for the electoral district for which the councillor
is a candidate.
This requirement also applies to Brisbane City Councillors.
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