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1
Local Government and Other Legislation Amendment
LOCAL GOVERNMENT AND OTHER
LEGISLATION AMENDMENT BILL 1999
EXPLANATORY NOTES
GENERAL OUTLINE
Objectives of the Legislation
The policy objectives of the Bill are to:
· clarify and enhance the workability of provisions in the Local
Government Act 1993 and the City of Brisbane Act 1924 dealing
with rates and charges, the local law making process, the conduct
of elections and the disclosure of election gifts;
· enable the Brisbane City Council (BCC) to enter into an
agreement with the Electoral Commission of Queensland (ECQ)
to conduct BCC elections;
· provide BCC with added flexibility in purchasing arrangements;
· allow provisions in the Local Government (Aboriginal Lands) Act
1978 dealing with the community control of alcohol in the
Aurukun Shire to continue and to enhance certain administrative
arrangements;
· clarify that BCC may make and levy separate rates and charges
for the purpose of contributing amounts raised to a rural fire
brigade operating in the City; and
· provide for certain minor and technical amendments to a number
of Acts.
Reasons for and Achievement of the Policy Objectives
The Bill amends the relevant legislation to achieve the policy objectives
outlined above.
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Local Government and Other Legislation Amendment
Alternatives to the Bill
There are no alternatives considered appropriate for achieving these
policy objectives.
Estimated Cost of Implementation
The costs to Government of implementing the Bill will be administrative
in nature and will not be significant. Costs will be met within existing
budgetary allocations.
Consistency with Fundamental Legislative Principles
The Bill has been drafted with regard to the fundamental legislative
principles.
Consultation
Rates and charges
A discussion paper was issued seeking comment on the need for changes
to certain local government rating provisions in the Local Government Act
1993 and the City of Brisbane Act 1924. Draft legislative proposals were
subsequently developed and released for public comment. The proposals
were distributed to a wide range of stakeholders.
Local law making process
An evaluation of the local law making process was conducted with the
aim of ensuring the process for making local laws is workable for all
concerned. As part of the process, a broad range of local government and
non-local government stakeholders were consulted through the release of a
discussion paper. Draft legislative proposals were subsequently developed
and released for public comment. The proposals were distributed to a wide
range of stakeholders.
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Local Government and Other Legislation Amendment
Electoral provisions
An evaluation was conducted of the procedures used in the conduct of the
local government triennial elections in 1997. Returning officers in the
elections identified a number of issues which required clarification or where
the workability of the provisions could be improved. The Local
Government Association of Queensland and the Institute of Municipal
Management were consulted on the draft legislative proposals subsequently
developed to address a number of the issues identified in the evaluation.
BCC and the ECQ have been consulted on draft legislative proposals to
allow for the ECQ to be responsible for the conduct of BCC elections.
Disclosure of election gifts
Consultation was undertaken on the disclosure of election gifts in local
government elections. Draft legislative proposals were developed and
released for public comment. The proposals were distributed to a wide
range of stakeholders.
Community controls on alcohol in Aurukun
The Local Government (Aboriginal Lands) Act 1978 was amended in
March 1995 to assist with community control of sly-grogging and drinking
in public and private places in the Shire of Aurukun. The provisions were
enacted on a trial basis of two years and were due to expire on 1 December
1997. This was subsequently extended to 30 June 1999.
A review has been undertaken to assess how well the provisions have
been implemented and whether or not the provisions remain relevant to
addressing community needs in Aurukun. The review concluded that the
legislation should continue with certain changes to administrative
arrangements currently provided in the Act. The relevant stakeholders have
been consulted on the proposed amendments.
Miscellaneous Amendments
Key stakeholders have been consulted on the balance of the amendments
included in the Bill.
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Local Government and Other Legislation Amendment
NOTES ON PROVISIONS
PART 1--PRELIMINARY
Clause 1 sets out the short title of the Act.
Clause 2(1) provides that sections 13, 17 and 78 commence on 1 July
1999. These provisions amend the City of Brisbane Act 1924 and the Local
Government Act 1993 about rates and charges.
Clause 2(2) provides that part 5, division 4; schedule 2, part 2; and
schedule 3, part 2 commence on 1 January 2000. All these provisions
amend the Local Government Act 1993 about local laws and local law
policies.
Clause 2(3) provides that sections 14 and 73 commence on 1 July 2000.
These provisions amend the City of Brisbane Act 1924 and the Local
Government Act 1993 about rates and charges.
Clause 2(4) provides that the remaining provisions will commence on
the date of assent.
PART 2--AMENDMENTS OF CITY OF BRISBANE
ACT 1924
Division 1--Preliminary
Clause 3 provides that part 2 and schedule 1 amend the City of Brisbane
Act 1924.
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Local Government and Other Legislation Amendment
Division 2--Amendments of City of Brisbane Act 1924 about elections
Clause 4 amends section 3 by inserting a definition for `electoral
commission' in the Act.
Clause 5 repeals sections 16(3) and (4). These provisions are
incorporated in section 16A in Clause 6 of the Bill.
Clause 6 inserts a new section 16A dealing with returning officers for
BCC elections. This section essentially re-states the repealed provisions in
section 16(3) and (4) which provide that the town clerk is the chief returning
officer for BCC elections. However, these provisions will not apply to a
BCC election conducted by the ECQ.
Clause 7 amends section 17(4) to provide that where the ECQ conducts a
BCC election, the ECQ must give the public notice mentioned in the
section.
Clause 8 inserts a new section 17A to provide that BCC may enter into
an agreement with the ECQ for the conduct of a BCC election by the
Commission. The agreement could be for the Commission to conduct the
triennial elections in the City or a by-election in a ward. The Council can
proceed with an agreement after it passes a resolution authorising an
agreement to be entered into. If the Council does not make such an
arrangement with the ECQ, then it retains responsibility for the conduct of
elections and as currently provided under the Act, the town clerk is the chief
returning officer for the elections.
Division 3--Amendments of City of Brisbane Act 1924 about rates
Clause 9 amends section 3 by inserting new definitions for `budget
meeting', `discount date' and `discount period'.
Clause 10 replaces section 51 by inserting a new definition for `separate
rate or charge'. The amended section includes minor changes to the
wording for consistency with the Local Government Act 1993 and does not
change its current meaning.
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Local Government and Other Legislation Amendment
Clause 11 amends section 56 by providing that a minimum general rate
levy must not be applied to a parcel of land to which a discounted valuation
applies under section 25 of the Valuation of Land Act 1944, while the
discount period is in force.
Currently section 25 of the Valuation of Land Act 1944 provides for a
separate valuation to be issued for each lot in a plan of subdivision and for
this valuation to be discounted for rating purposes on certain newly
subdivided land. A local government must apply this provision when
determining the rate to be levied for the land. The amendment corrects an
unintended consequence of the previous amendment to section 25 of the
Valuation of Land Act 1944. Clause 11 mirrors the amendment of section
967 of the Local Government Act 1993 (see Clause 75).
Clause 12 amends section 57(1) reflecting a minor wording amendment
made to section 51 (Meaning of "separate rate or charge") in Clause 10.
Clause 13 amends section 60 by providing that a rate notice must state
the date the rate notice was issued and the date by or the time within which
the rate must be paid. The amendment facilitates broader flexibility
introduced by Clause 16.
Subsection (2B) clarifies that charges which are not rates, such as licence
fees which are payable to BCC by a landowner, may be stated on a rate
notice.
Clause 14 also amends section 60. These changes take effect for the
2000/2001 budget, allowing BCC a transitional period to make any
necessary changes to administrative systems, to facilitate greater flexibility
in setting discounts introduced by the amendments in Clause 18. BCC is,
however, not prevented from including this information sooner if it wishes.
Subsection (2A) provides that BCC must give the ratepayer information
about any discounts and any requirements for payment by instalments. The
information can be shown on the rate notice or accompany the rate notice.
Subsection (2C) provides that if non-rate items are stated on the rate
notice, they must be clearly identified as such and the rate notice must make
it clear that non-payment of these charges does not affect any discount on
rates.
Subsections (2D) and (2E) establish a priority for the allocation of an
amount received in respect of a rate notice which is less than the total of all
amounts payable and the ratepayer has not indicated which amounts listed
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Local Government and Other Legislation Amendment
on the rate notice are to be paid. BCC must apply the payment firstly to
unpaid rates, secondly to rates levied on the rate notice and thirdly to any
non-rate items that are payable. This amendment mirrors the amendment of
section 1008 of the Local Government Act 1993 (see Clause 79).
Clause 15 inserts a new section 60(3A) clarifying that BCC need not
issue a rate notice with a zero balance when rates have been paid in advance.
Clause 16 amends section 65 by providing BCC with flexibility to set the
time by which, or the time within which, each rate must be paid.
Ratepayers are to be given at least 30 days after the date of issue of the rate
notice to pay the rate. All ratepayers liable to pay the rate are to be given the
same time to pay the rate.
Subsection (3) provides BCC may alter the discount date or discount
period for the rate under section 68(4), provided the time by which the rate
must be paid is, if necessary, adjusted to ensure it is not before the end of
the new discount period.
The amendment mirrors the amendment of section 1014 of the Local
Government Act 1993 (see Clause 81).
Clause 17 amends section 67 to facilitate implementation of the amended
section 65 in Clause 16.
Clause 18 replaces section 68 and inserts new sections 68A, 68B and
68C. The amendments mirror the amendments to sections 1019 - 1022 of
the Local Government Act 1993. The Explanatory Notes contain a detailed
explanation of these amendments (see Clause 82).
The new section 68 allows BCC greater flexibility to allow a discount for
prompt payment of a rate.
Section 68A applies in respect of discounts applying to rates paid by
instalments. Where a rate is being paid by instalments, BCC may allow a
discount if the amount of an instalment on the rate is paid by the last day of
the period for paying the instalment. If a discount is allowed on an
instalment, BCC must allow the discount to all ratepayers paying under the
instalment arrangement.
Section 68B provides a discount may be allowed if the payment of a rate
is delayed by circumstances beyond the ratepayer's control. This provision
reflects new wording in section 65 and does not change the current intent of
the law.
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Local Government and Other Legislation Amendment
Section 68C provides that discounts do not apply if other rates are unpaid
for the land. This provision reflects new wording in section 65 and does not
change the current intent of the law.
Division 4--Other amendments of City of Brisbane Act 1924
Clause 19 inserts a new section 42A providing BCC with the power to
enter into purchasing arrangements consistent with other local governments
under the Local Government Act 1993. Subsection (1) allows the council to
enter into a contract without meeting the requirements for tenders or
quotations if the contract is made under an exemption to open competition
(prescribed by regulation) or where the contract is for a service and made
with a person on a panel of names suitably qualified to provide the service.
Subsections (2) and (3) provide the process under which the panel must be
established.
Clause 20 amends schedule 3 by repealing section 1(3) regarding
advertising of vacancies.
PART 3--AMENDMENTS OF FIRE AND RESCUE
AUTHORITY ACT 1990
Clause 21 provides for the amendment of the Fire and Rescue Authority
Act 1990.
Clause 22 replaces section 128A to clarify that, similarly to the powers
currently provided to local governments under the Local Government Act
1993, BCC may make and levy separate rates and charges under the City of
Brisbane Act 1924 and contribute amounts raised to rural fire brigades
operating in its area.
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Local Government and Other Legislation Amendment
PART 4--AMENDMENTS OF LOCAL GOVERNMENT
(ABORIGINAL LANDS) ACT 1978
Clause 23 provides for the amendment of the Local Government
(Aboriginal Lands) Act 1978.
Clause 24 amends section 42 by removing the definition of the Aurukun
Community Incorporated (ACI). ACI ceased trading in 1997.
Clause 25 amends section 51 by inserting two new subsections and
amending existing provisions concerned with the conduct of meetings of the
Law Council.
Subsection (3A) provides that notice of a meeting must be given at least
two days before the meeting is to be held unless this would be impractical.
This section ensures that both members of the Law Council and the police
officer in charge of the police station at Aurukun have the opportunity to
attend all meetings. The insertion of the new subsection (3B) provides that
notice of the meeting must include the day and time for the meeting and an
agenda for the meeting.
The amendment of subsection (4) provides added flexibility to the
composition of the Aurukun Alcohol Law Council by allowing more than
one person from each traditional group to attend meetings and vote on
matters considered by the Law Council. If, for instance, the Law Council
decided it was appropriate to have a man and a woman representing each
traditional group (based on land groupings or spiritual groupings) then it
could do so by advising the Minister of the names of the people and groups
represented which would then be published in a notice in the Gazette.
The amendment of subsection (5) provides that a regulation may be
made about the number of members who may be present at a meeting as
well as the traditional groups. If, for instance, the Law Council decided that
there should be a change in the composition of the Law Council (eg, two
people from each spiritual clan group rather than one person from each land
group in the Shire), a regulation may be needed specifying the numbers
from each group that constitute a quorum of members at a meeting of the
Law Council.
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Local Government and Other Legislation Amendment
Clause 26 replaces section 55(2) to provide that the chief executive
officer of the shire council is the secretary of the Law Council (under the
current provision the position is held by the police officer in charge of the
police station at Aurukun).
Clause 27 inserts a new section 55A. This new provision provides that it
is not mandatory for a Queensland Police Service Officer to attend Law
Council meetings. However, as decisions of the Law Council are likely to
be enforceable and so that the Police are immediately aware of any decision
to issue a permit to carry alcohol, the police officer in charge, or another
nominated police officer may attend meetings and advise the Law Council
on any issues before it.
Clause 28 replaces section 56 with new provisions concerning reporting
requirements of the Law Council. Subsection (1) requires the Law Council
to provide a report on its activities for the year to the shire council within 30
days after the end of each financial year. Annual reports are now considered
more appropriate than six monthly reports as the critical decision-making
period for the Law Council has passed in terms of the establishment of the
network of dry and controlled areas.
Subsection (2) provides that a notice must be placed in a newspaper
circulating generally in the shire and in a prominent place in the township of
Aurukun. Subsection (3) provides that this notice must advise that copies
of the report are available from the shire council's office.
Subsection (4) requires that the Law Council's report must be included in
the shire council's annual report, making the report accessible to the public,
including Government and other interested organisations outside Aurukun.
Clause 29 amends section 57 by removing the reference to the Law
Council's six monthly reports. The example is updated to reflect the
amendment of section 56 in relation to reporting requirements.
The repeal of section 57(2) removes reference to the Aurukun
Community Incorporated (ACI).
Clause 30 inserts a new section 100A requiring that a Magistrates Court
must be constituted by a stipendiary magistrate when hearing appeals under
division 11 of the Act. A Magistrates Court, constituted by two or more
justices (including Justices of the Peace), is able to hear and determine
simple offences summarily under this part. However, as the Law Council
is made up of elders of the area it would not be appropriate for Justices of
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Local Government and Other Legislation Amendment
the Peace (who would be from the local community) hearing appeals from
the Law Council.
Clause 31 replaces part 6, division 13 to remove references to the expiry
of the part. The first new provision, section 109(1), requires that a review
of the part must be undertaken by the Minister, as soon as practicable after
30 June 2001, to assess whether the provisions continue to be appropriate
for Aurukun. Section 109(2) provides that this report of the review's
outcome must be tabled in Parliament before 30 June 2002.
PART 5--AMENDMENTS OF LOCAL GOVERNMENT
ACT 1993
Division 1--Preliminary
Clause 32 provides that part 5 and schedule 2 amend the Local
Government Act 1993.
Division 2--Amendments of Local Government Act 1993 about elections
Clause 33 amends section 270 by extending the time in which a
by-election must be held after a vacancy occurs in the office of councillor
from two months to ten weeks. There have been instances where the two
month time limit has meant a by-election has fallen within holiday periods
and this has created potential difficulties for participants in the election. The
extra two weeks should give the returning officer the flexibility required to
avoid these situations.
Clause 34 amends section 277 by providing a common cut-off date for
the voters roll to be used in all local government triennial elections in
Queensland. The Act currently provides for different cut-off dates for
postal ballot areas (31 December in the year before the triennial elections)
and ordinary ballot areas (31 January in the year of the triennial elections).
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Local Government and Other Legislation Amendment
While only affecting a small number of electors, this system of different
cut-off dates can result in electors being disenfranchised or in being enrolled
in more than one local government area for the elections. The amendment
is intended to prevent this occurring.
Clause 35 amends section 314 by changing the conditions that apply to
the refund of an election candidate's nomination deposit. The section is also
applicable to candidates at BCC elections.
Subsection (1) provides that a candidate's deposit may be refunded after
the conclusion of an election.
Subsection (2) places a further limitation on the circumstances in which
the candidate can receive a refund of the nomination deposit. The
amendment is necessary to take account of the option provided for a
successful candidate to lodge a return under section 427(3) (see Clause 45).
In the following cases the candidate can receive a refund after lodging the
relevant return detailing election gifts:
· If the candidate is not successful and has lodged a single return
after the end of the disclosure period; or
· If the candidate has been successful and has lodged an interim
return before making the declaration of office and a final return
after the end of the disclosure period.
In the case where a successful candidate has made a return before taking
office in accordance with section 427(3), the refund is returned to the
councillor as soon as practicable after the end of the disclosure period for the
election. Section 427(3) allows the candidate to make a single return. This
can occur if the candidate declares that the candidate does not expect to
receive any gifts during the remaining disclosure period and if gifts are
received a return will be given. The provision requires these candidates to
wait until the end of the disclosure period for the election even though the
candidate may make no further return after taking office. The effect of the
provision is to preserve the current arrangements where candidates can only
be refunded their nomination deposits after the disclosure period for the
elections.
It is not intended that disclosure requirements for gifts received by a
group (under section 427A) are a condition of the refund. The relevant
return required before the refund can be made is for gifts received by the
candidate individually, ie, gifts disclosed under section 427.
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Local Government and Other Legislation Amendment
Clause 36 amends section 326 by providing for the use of separate ballot
papers for the election of a mayor and councillors in local government
elections, unless the returning officer decides to use a combined ballot
paper. A decision to use a combined ballot paper is essentially an
administrative decision and is considered to be appropriate for the returning
officer rather than the council to make, as the Act currently provides.
Clause 37 inserts a new section 346A to remove the requirement for an
elector whose name is suppressed in the voters roll (provided under section
343(g) of the Act) to apply for a declaration vote. The amendment requires
the returning officer to automatically forward voting material to these
electors so that the elector is not required to make an application for a
declaration vote. In effect, these electors will be treated the same as electors
in a postal ballot election. The voting material must be forwarded as soon
as practicable after the nomination day for an election. This brings local
government election procedures into line with the procedures applying at
State elections.
Clause 38 amends section 353 as a consequence of the amendments
made in Clause 36 requiring separate ballot papers for separate polls.
Clause 39 inserts a new section 363A by providing the returning officer
with the discretion to commence the preliminary processing of declaration
votes after 8.00am on the day before polling day in a postal ballot election
for which a direction has been given under section 318(2)(a) of the Act. In
effect, the section applies to any election in a local government area where a
postal ballot direction applies to the whole area.
Clause 40 inserts a new section 413A providing for the application of
part 8, chapter 5 of the Local Government Act 1993 to BCC. The proposed
amendment means the disclosure regime for electoral gifts will apply to
BCC elections from the March 2000 triennial elections.
Clause 41 amends section 415 by clarifying the meaning of `nomination
day' as it relates to BCC elections.
Clause 42 inserts a new section 423A providing that the disclosure
period for a group of candidates at an election under section 427A starts at
the end of the prescribed period after the conclusion of the immediately
preceding triennial elections for the relevant local government and ends at
the end of the prescribed period after the conclusion of the election.
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Local Government and Other Legislation Amendment
Clause 43 inserts sections 425A and 425B which provide that the
disclosure periods for a candidate in a BCC election or for a group of
candidates will commence no earlier than the date of assent of the
legislation.
Clause 44 inserts a new section heading for section 426 of the Act,
provides for the application of section 426 to the division and inserts new
definitions for `group of candidates' and `group's campaign committee' to
apply for this division.
Clause 45 amends section 427 by allowing a successful candidate to
declare on the return required before making the declaration of office that the
candidate does not expect to receive any gifts during the (remaining)
disclosure period for the election. The disclosure period for the election ends
30 days after the conclusion of the election. In this case a further return
would only be necessary if gifts were received within that period. The
amendment is intended to streamline the current requirement for a
councillor to make an interim and final return even though the councillor
does not expect to receive gifts in the remainder of the disclosure period.
Clause 46 inserts a new section 427A to provide for the disclosure of
electoral gifts made to a group of candidates. A group may be formed to
promote the election of candidates for a particular local government, but a
group of candidates does not include a political party or an associated entity,
ie, the requirements do not apply to a group of candidates endorsed by a
registered political party. The amendment requires each candidate in the
group to lodge a return stating the details of all the gifts made to the group.
This requirement is in addition to the return required in relation to gifts
received by the candidate as an individual.
The following examples are provided to clarify the operation of this new
section.
Gift Disclosure Scenarios for Candidates
The following scenarios are included to explain the obligations on
candidates in various circumstances. This will vary depending on whether
the candidate is a member of a group of candidates (as defined), whether the
candidate was successful in gaining election or not and whether gifts were
expected after giving the return required prior to taking office, ie, the return
required under section 242 of the Act.
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Local Government and Other Legislation Amendment
Successful Candidates
Candidate A was a member of a group of candidates and
· receives electoral gifts, both individually and as a member of the
group; and
· expects to receive further gifts, both individually and as a member
of the group.
The councillor must complete a return stating the details of gifts made to
the councillor as an individual and to the group. The councillor must lodge
a final return detailing any further gifts received by the councillor
individually, or if no gifts are received, a nil return. If the group receives
gifts before the end of the disclosure period, then the details of those gifts
will also need to be provided. If no further gifts are made to the group, the
councillor is not required to lodge a nil return with respect to the group.
Candidate B was a member of a group of candidates and
· receives electoral gifts, both individually and as a member of the
group; and
· expects to receive further gifts as a member of the group; but
· does not expect to receive further gifts as an individual.
The councillor must complete a return stating the details of gifts made to
the councillor as an individual and to the group and may declare that the
councillor does not expect to receive further gifts as an individual. If this
declaration is not made, the councillor must lodge a final return detailing any
further gifts received by the councillor individually or if no gifts are
received, a nil return. No further group return is required unless the group
receives further gifts before the end of the disclosure period. If so, the
councillor must lodge a final return stating the relevant details of further
gifts made to the group.
Candidate C was a member of a group of candidates and
· receives electoral gifts, both individually and as a member of the
group; and
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Local Government and Other Legislation Amendment
· does not expect to receive further gifts as a member of the group;
but
· does expect to receive further gifts as an individual.
The councillor must complete a return stating the details of gifts made to
the councillor as an individual and to the group and may declare that the
councillor does not expect the group will receive further gifts. The
councillor must lodge a final return detailing any further gifts received by
the councillor individually or if no gifts are received, a nil return.
Candidate D was a member of a group of candidates and
· receives electoral gifts, both individually and as a member of the
group; but
· does not expect to receive further gifts as an individual or as a
member of the group.
The councillor must complete a return stating the details of gifts made to
the councillor as an individual and to the group and may declare that the
councillor does not expect to receive further gifts as an individual or to the
group. No further return is required unless gifts are received by the
councillor individually or by the group before the end of the disclosure
period. If this occurs, the councillor must lodge an amended return stating
the relevant details of the gifts made to the councillor and/or to the group.
Candidate E was a member of a group of candidates and
· the group did not receive any gifts; but
· the candidate receives electoral gifts as an individual; and
· does not expect to receive further gifts as an individual.
The councillor must complete a return stating the details of gifts received
by the councillor as an individual and may declare that the councillor does
not expect to receive any further gifts. No further return is required unless
gifts are received by the councillor individually before the end of the
disclosure period. If this occurs the councillor must lodge an amended
return providing the relevant details of the gifts. If the group receives gifts
before the end of the disclosure period, the councillor must lodge a return
disclosing the relevant details.
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Local Government and Other Legislation Amendment
Candidate F was a member of a group of candidates and
· the group did not receive any gifts; but
· receives electoral gifts as an individual; and
· does expect to receive further gifts as an individual.
The councillor must complete a return stating the details of gifts received
prior to taking office. The councillor must lodge a final return stating the
details of gifts received as an individual or if no gifts are received, a nil
return. Should gifts be received by the group before the end of the
disclosure period, then the councillor must also lodge a return detailing the
relevant details of these gifts.
Unsuccessful Candidates
Candidate K was a member of a group of candidates and
· the group did not receive any gifts; but
· the candidate receives electoral gifts as an individual during the
disclosure period.
The candidate must complete a return stating the details of gifts the
candidate received up to the end of the disclosure period. The candidate has
no obligation to disclose any details in relation to the group.
Candidate L was a member of a group of candidates and
· the group did not receive any gifts; and
· the candidate did not receive electoral gifts as an individual during
the disclosure period.
The candidate must complete a return stating that the candidate did not as
an individual receive any gifts for the disclosure period, ie, a nil return. The
candidate has no obligation to disclose any details in relation to the group.
Candidate M was a member of a group of candidates and
· the group receives gifts; but
· the candidate did not receive electoral gifts as an individual during
the disclosure period.
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Local Government and Other Legislation Amendment
The candidate must complete a return stating the details of gifts received
by the group up to the end of the disclosure period. The candidate must also
complete a return disclosing that the candidate did not as an individual
receive any gifts for the disclosure period, ie, a nil return.
Candidate N was a member of a group of candidates and did not receive
gifts individually or to the group.
The candidate must complete a return stating that the candidate did not
receive gifts during the disclosure period, ie, a nil return. The candidate has
no obligation to disclose any details in relation to the group.
Clause 47 amends section 429 by providing that the chief executive
officer of a local government is not required to give reminder notices to
successful candidates to complete a second and final return of gifts received
if, when submitting the first return, the candidate declares no further gifts
were expected.
Clause 48 amends section 430 to clarify that a third party does not
include persons who are members of a committee formed to help the
campaign in an election of a candidate. This includes persons who are
members of a campaign committee associated with a political party, an
associated entity or a campaign committee for a candidate or group of
candidates in the election.
Division 3--Amendments of Local Government Act 1993 about local
laws and local law policies commencing on assent
Clause 49 inserts a new section 856A which provides that a local
government before making a model local law must by resolution propose to
adopt the model local law.
Clause 50 amends the heading of section 857 to reflect the addition of
section 856A in Clause 49.
Clause 51 amends the heading of section 858 to reflect the addition of
section 856A in Clause 49.
Clause 52 amends section 860 by providing that a local government
must propose and get the Minister's agreement to make an interim local
law, before making the interim local law.
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Local Government and Other Legislation Amendment
Clause 53 replaces section 861 by providing that the making of a
permanent local law must commence at the same time as it is made as an
interim local law.
Subsection (1) requires that in addition to providing the Minister with a
copy of the proposed local law and reasons why it should be made on an
interim basis, information must be provided about any possible
anti-competitive provisions and any other information required by the
Minister or under a regulation.
Subsection (2) provides that if the Minister agrees that the proposed local
law may be made on an interim basis and considers that the proposed local
law satisfactorily deals with State interests, the Minister must advise the
local government that it may proceed further in making the local law.
Subsection (3) provides that conditions may be imposed as the Minister
considers appropriate for making the interim local law.
Subsections (4) and (5) provide that the Minister may impose conditions
on the local government and that when these conditions are satisfied the
local government may continue to proceed with the making of the interim
local law. The conditions may include that the local government undertake a
longer consultation period for making the interim local law as a permanent
local law.
Subsection (6) provides that the Minister's advice on proceeding with
making the interim local law as a permanent local law under division 3 may
state that it is not necessary to undertake the State interest check required
under step 7. This mirrors section 867(6) which currently allows the local
government to by-pass the second State interest check if it has agreed to
satisfy particular conditions.
Subsection (7) provides that before the local government proceeds to the
next step in making the interim local law it must receive the advice provided
under section 861(2) or (4), satisfy any condition about the content of the
proposed local law and agree to satisfy any other conditions.
Clause 54 inserts a new section 863A requiring the local government,
after making the interim local law, to proceed to make it as an ongoing local
law. The local government must publish a notice of its intention to make
the local law within 21 days of its resolution, or longer as decided by the
Minister under section 861(4), to make the proposed interim local law.
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Local Government and Other Legislation Amendment
Clause 55 amends section 864 by providing that the process for making
other local laws will be subject to section 863A set out above.
Clause 56 amends section 866. The amendment includes a minor change
to the wording to reflect current drafting practices and does not change its
current meaning.
Clause 57 replaces section 867(1) by requiring that the local government
give the Minister a copy of the proposed local law along with other
information that must be given.
Clause 58 amends section 868(2)(a) by providing that the condition for a
longer consultation period can be made under division 2 (making interim
local laws) or division 3 (making other local laws).
Clause 59 amends section 872(1)(a) to reflect the change to section
861(5) in Clause 53. It provides that the Minister may advise the local
government it may proceed with making the local law without satisfying
step 7 of division 3 (again ensuring proposed law satisfactorily deals with
any State interest) if it agrees to satisfy particular conditions.
Clause 60 amends section 877. The amendment includes a minor
change to the wording to reflect current drafting practices and does not
change its meaning.
Clause 61 amends section 883. Subsection (2) is amended to require a
local government to apply the process under either division 1 (making
model local laws) or division 3 (making other local laws) if the local
government wants to start making a local law policy even though the local
law has not yet been made. However, the notice given to the public about
the proposed local law policy under section 878 must not be published
earlier than the notice given to the public about the proposed authorising
local law under section 868.
Clause 62 inserts a new section 896A providing that the repeal or
amendment of a local law made by an interim local law ceases to have effect
when the interim local law expires or is repealed. This section only applies
if the interim local law is not made an ongoing local law.
Also, a local law policy or provisions of a local law policy that ceased to
have effect because of the repeal of the local law, revives in the form it was
immediately before the repeal.
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Local Government and Other Legislation Amendment
Subsections (4) and (5) clarify that where a local law policy or provision
of a local law policy ceases to have effect because of an amendment made to
the original local law by an interim local law, on the expiry of the interim
local law, the local law policy or provision is taken never to have been
affected by the amendment.
Clause 63 inserts a new section 897A clarifying that a local law policy or
a provision of a local law policy ceases to have effect when its authorising
local law or authorising provision is repealed.
Clause 64 amends section 1228 by providing that following the repeal or
amendment of an anti-competitive provision in a local law or local law
policy, notice must be published in the gazette for a local law and in a
newspaper circulating generally in the local government's area for a local
law policy. This is consistent with the requirement to give notice of a local
law policy in a newspaper under chapter 12, part 2, division 4, which sets
out the process for making local law policies.
Division 4--Amendments of Local Government Act 1993 about local
laws and local law policies commencing 1 January 2000
Clause 65 amends section 3 by inserting the definition of `drafting
certificate'. This drafting certificate will show the local government's
compliance with a drafting standard set by regulation.
Clause 66 replaces section 853 by providing a change of name of `local
law policies' to `subordinate local laws'. It is intended this change will
clarify the status of subordinate local laws as statutory instruments.
Clause 67 amends section 861. The first provision amends subsection
(1)(a) by providing that a drafting certificate for a proposed local law must
be provided to the Minister. The second provision amends subsection (2)
by inserting a provision which requires that the Minister must consider if
the proposed local law is drafted in accordance with drafting standards set
by regulation before giving approval for the local government to continue
with the making of the local law.
Clause 68 amends section 867. Subsection (1) is amended by requiring
that a drafting certificate be given to the Minister for the proposed local law.
Subsection (2) provides that before approval is given to further proceed in
22
Local Government and Other Legislation Amendment
making the law, the Minister must consider if State interests have been
satisfactorily dealt with and that the proposed local law is drafted in
accordance with drafting standards set by regulation.
Clause 69 amends section 882(3)(c) by providing that a drafting
certificate for a subordinate local law must be provided to the Minister once
the notice has been published in the newspaper giving public notice of the
subordinate local law.
Clause 70 inserts a new chapter 12, part 5 for the review and expiry of
local laws and subordinate local laws. The objective of having an ongoing
review mechanism is to ensure the continued relevance and responsiveness
of local laws. Such a mechanism brings local laws generally into line with
existing review requirements applying to anti-competitive provisions in
local laws and State subordinate legislation. Regular reviews will also
facilitate the consideration of alternatives to regulation.
Section 899A provides definitions for the part--`expiry date', `first
review date', `redundant provision', `review date', and `subsequent review
date'.
Section 899B provides that for any local law or subordinate local law to
remain in force after the expiry date, a notice must be placed in the gazette
under section 899C.
Subsection (1) provides that all local laws and subordinate local laws in
force on the review date must be reviewed to identify redundant provisions.
Subsection (2) requires that once the law has been reviewed, the local
government must, by resolution, decide whether it contains any redundant
provisions. Subsection (3) provides that if the local law or subordinate local
law does not contain any redundant provisions, a notice about the review
must be published in the gazette with the required information. Subsection
(4) requires a copy of the notice to be given to the Minister.
Section 899D provides the process for repealing any redundant
provisions identified during the review. This section applies if the local
government identifies a law containing a redundant provision. Subsection
(2) provides that a local law or subordinate local law must be made, by
resolution, to repeal the redundant provision. Notice of this local law or
subordinate local law must be published in the gazette with the required
information under subsection (3). Subsection (4) requires the chief
executive officer to certify the required number of copies of the law as made
by the local government. The local government must then give the Minister
23
Local Government and Other Legislation Amendment
a copy of the notice and the required number of certified copies of the law
(subsection (5)). Subsection (6) provides that part 2 (making local laws and
subordinate local laws) does not apply to a law made under this section.
Clause 71 inserts a new section 1132(2A) which provides that the chief
executive officer may not delegate the power to sign a drafting certificate for
a proposed interim local law, proposed local law or subordinate local law.
Clause 72 amends section 1203 to provide that a regulation may be made
to set standards for the drafting of local laws. Subsection (2) sets out the
matters that can be included in a regulation for drafting standards. The
standard is intended to deal with drafting requirements similar to those in
the Legislative Standards Act 1992, including the fundamental legislative
principles in that Act. Subsection (3) provides that subsection (2) does not
limit the matters for which the regulation may make provision.
Clause 73 inserts a new section 1234 to clarify that a local law policy in
force immediately before the commencement of the section is taken to be a
subordinate local law. Secondly, it provides that a reference in any Act or
document to a local law policy, will now be taken to be a reference to a
subordinate local law. Thirdly, it provides that the register of local law
policies kept by a local government will now be a register of its subordinate
local laws. Subsections (4) and (5) provide that a local law policy in the
process of being made at the time of commencement will be taken to have
been made under the subordinate local law making process to the extent the
local government used the process under subsection (4).
Division 5--Amendments of Local Government Act 1993 about rates
Clause 74 amends section 3 by inserting new definitions for `discount
date', `discount period' and `overdue rate'.
Clause 75 amends section 967 by providing that a minimum general rate
levy must not be applied to a parcel of land to which a discounted valuation
applies under section 25 of the Valuation of Land Act 1944, while the
discount period is in force.
Currently section 25 of the Valuation of Land Act 1944 provides for a
separate valuation to be issued for each lot in a plan of subdivision and for
this valuation to be discounted for rating purposes on certain newly
24
Local Government and Other Legislation Amendment
subdivided land. A local government must apply this provision when
determining the rate to be levied for the land. The amendment corrects an
unintended consequence of the previous amendment to section 25 of the
Valuation of Land Act 1944.
Clause 76 amends section 971 to provide greater flexibility and
transparency in the application and use of special rates and charges by local
governments.
Section 971(1)(b) is expanded to firstly include the concept of a special
benefit or special access to the occupier of the land, rather than the special
benefit or special access being determined only in relation to land as was
previously the case.
It is not necessary for a local government, in the formation of its opinion,
to determine that the special benefit or special access to the service, facility
or activity is either to the land or to the occupier of the land. The local
government may form an opinion that the land, and/or the occupier of the
land to which the special rate or charge applies, has or will specially benefit
from or has or will have special access to the service, facility or activity.
A special rate or charge would not, for example, be necessarily invalid
merely because an occupier of land which receives benefit, receives no
personal benefit from the service, facility or activity. For example, a local
government may form the opinion that ten parcels of land or the occupiers
of these parcels have or will specially benefit from, or have or will have
special access to, an upgraded road. The council levies a special rate on the
ten landowners to meet some or all of the cost of upgrading the road. If the
occupier of one of the parcels of land does not own a motor vehicle and
therefore, perhaps, receives less personal benefit than other occupiers, this
would not, in itself, invalidate the special rate on that parcel of land if it
would be reasonable to form the opinion that the land has or will specially
benefit or has or will have special access.
Secondly, the amendment allows a local government to form an opinion
on the basis that the occupier of the land, or the use made or to be made of
land, has or will specially contribute to the need for a service, facility or
activity.
As with land and occupier in section 971(1)(b)(i), `land' and `use' are not
intended to be necessarily considered mutually exclusive but may be
considered conjointly in forming an opinion.
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Local Government and Other Legislation Amendment
A number of examples are provided in the Bill to help illustrate the
circumstances and ways in which a special rate or charge might be used.
Subsection (3) is replaced to reflect the changes in subsection (1)(b).
Subsection (4) is replaced to introduce the requirement for an overall plan
for the supply of the service, facility or activity to be funded by a special rate
or charge for which a special rate or charge is levied.
The intention of introducing an overall plan is twofold, namely:
· to provide transparency and accountability commensurate with the
broadened taxation powers introduced by these amendments; and
· to articulate the basis/information on which council has formed its
opinion under subsection (1)(b) concerning benefit, access or
contribution.
The overall plan, as described in the new subsection (4A), must be
adopted by resolution either before or at the same time as the local
government makes the special rate or charge. Despite the flexibility to adopt
the overall plan by resolution at a meeting before the budget meeting, or by
separate resolution to that making the rate or charge at the budget meeting,
the budget resolution making the special rate or charge must identify the
overall plan for which the special rate or charge is being made.
Subsection (4B) provides that any special rate or charge may be made
and levied for one or more years before any of the funds received by the
local government are expended in implementing the plan.
Subsection (4C) provides that if an overall plan will not be implemented
within a financial year, the local government must, at or before the budget
meeting for each year of the overall plan, adopt an annual implementation
plan for the year. While there are no specific requirements about the format
of an annual implementation plan, the annual implementation plan should
clearly demonstrate the purpose for which the funds raised during the year
are to be used.
In complying with the requirement to prepare an annual implementation
plan, it would be acceptable for the council resolution to refer to the part of
the council's operational plan that sets out the relevant details of the work,
service or facility, provided that the operational plan included the appropriate
details and was publicly available. An agreement between the council and a
particular ratepayer(s) could be referred to in the same way to comply with
the implementation plan requirements.
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Local Government and Other Legislation Amendment
In cases where works are not being carried out in a particular year, the
annual implementation plan would still indicate the purpose for which funds
are being raised. For example, a local government could decide that in
accordance with the overall plan, the revenue generated from a special rate
levied in 1999/2000 will be invested until 2001/2002 when works will
commence.
Subsection (4D) provides that an overall plan, or annual implementation
plan, may be amended by resolution at any time, for example, to reflect
changed circumstances.
Clause 77 inserts a new section 971A to complement the amendments to
section 971 in Clause 76.
Subsection (1) provides that where more funds are received in a financial
year than are expended under an implementation plan for the year, the
unexpended amounts may be carried forward to a future financial year.
Subsection (2) provides that a special rate or charge is not invalid merely
because a local government made and levied it on land to which it could not
have reasonably formed the opinion that a special benefit or special access to
the service, facility or activity existed. This provision serves to preserve the
legal status of the special rate or charge in the case of minor or inadvertent
errors. However, under subsection (3), if the local government does
incorrectly make and levy a special rate or charge, the funds received must
be returned to the person on whom the special rate or charge was levied.
If at the end of the implementation of the overall plan the local
government has funds remaining, subsection (4) provides that the amounts
remaining are to be refunded to the owners of land in the same proportion
as the special rate or charge was last levied.
Clause 78 replaces section 1008(2) to provide that a rate notice must state
the date the rate notice was issued and the date or the time within which the
rate must be paid. The amendment facilitates broader flexibility introduced
by Clause 81.
Subsection (2B) clarifies that charges which are not rates, such as license
fees which are payable to the local government by a landowner, may be
stated on the rate notice.
Clause 79 also amends section 1008 by inserting new provisions dealing
with the levying of rates. These changes take effect for the 2000/2001
budget, allowing local governments a transitional period to make necessary
27
Local Government and Other Legislation Amendment
changes to administrative systems, to facilitate greater flexibility in setting
discounts introduced by amendments in Clause 82. Councils are, however,
not prevented from including this information sooner if they wish.
Subsection (2A) provides that the local government must give the
ratepayer information about any discounts and any requirements for
payment by instalments. The information can be shown on the rate notice
or accompany the rate notice.
Subsection (2C) provides that if non-rate items are stated on the rate
notice, they must be clearly identified as such and the rate notice must make
it clear that non-payment of these charges does not affect any discount on
rates.
Subsections (2D) and (2E) establish a priority for the allocation of an
amount received in respect of a rate notice which is less than the total of all
amounts payable and the ratepayer has not indicated which amounts listed
on the rate notice are to be paid. The local government must apply the
payment firstly to overdue rates, secondly to rates levied on the rate notice
and thirdly to any non-rate items that are payable.
Clause 80 inserts a new section 1008(4A) to clarify that a local
government need not issue a rate notice with a zero balance when rates have
been paid in advance.
Clause 81 replaces section 1014 to provide a local government with
flexibility to set the times by which, or the time within which, each rate
must be paid. Ratepayers are to be given at least 30 days after the date of
issue of the rate notice to pay the rate. All ratepayers liable to pay the rate are
to be given the same time to pay the rate.
Section 1014(3) provides a local government may alter the discount date
or discount period for the rate under section 1019(4), provided the time by
which the rate must be paid is, if necessary, adjusted to ensure it is not
before the end of the new discount period.
Clause 82 amends sections 1019 - 1022.
It is intended that amendments to section 1019 provide greater flexibility
to local governments in setting the amount and type of discount for prompt
payment of a rate. The local government can decide, by resolution, whether
to allow a discount, what form and amount the discount will take (a fixed
amount or a percentage of the rate) and when the discount date or discount
period will be set.
28
Local Government and Other Legislation Amendment
Subsection (3) provides the discount date or discount period cannot be
later or longer than the date by which or the time within which a rate must
be paid under section 1014. There may be different discounts, if any, and
different discount periods for different rates.
Subsection (4) allows for a discount date or discount period to be altered
to allow a greater period of time for ratepayers to pay a rate and be allowed a
discount. For example, flooding may have delayed mail services in an area
and the council may consider it appropriate to extend the discount period.
Subsection (5) clarifies that discounts must be made available equally to
each person in the local government area liable to pay the rate, if the person
pays it by the discount date.
Subsection (6) also allows a different discount to apply to a rate where
the local government decides more than one discount date and specifies a
different discount for each discount date. For example, a local government
may decide to offer a discount on the general rate of 25% if paid by 25
September, the first discount period, and 10% if paid by 25 October, the
second discount period.
Section 1020 applies in respect of discounts applying to rates paid by
instalments. Where a rate is being paid by instalments, the local
government may allow a discount if the amount of an instalment on the rate
is paid by the last day of the period for paying the instalment. If a discount
is allowed on an instalment, the local government must allow the discount
to all ratepayers paying under the instalment arrangement.
Section 1021 provides a discount may be allowed if the payment of a rate
is delayed by circumstances beyond the ratepayer's control. This provision
reflects new wording in section 1019 and does not change the intent of the
current law.
Section 1022 provides that discounts do not apply if other rates are
overdue for the land. This provision reflects new wording in section 1019
and does not change the intent of the current law.
Clause 83 inserts a new section 1030A to provide that a special rate or
charge may only be levied on land for a proportion of the rating period in
which the land becomes or ceases to be liable for the purpose of the special
rate or charge.
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Local Government and Other Legislation Amendment
Clause 84 inserts a new chapter 19, part 1, division 5 providing for
transitional arrangements to apply for the financial year beginning on 1 July
1999 for the making of a special rate or charge under section 971 of the
Local Government Act 1993.
The transitional amendment enables a local government to use either:
· the new arrangements introduced in sections 971 and 971A, or
· the existing arrangements in section 971 until 30 June 2000
for each special rate or charge made in the 1999/2000 financial year.
If a council makes more than one special rate or charge, it may use either
the old or new arrangements for each of the rates or charges.
Division 6--Other amendments of Local Government Act 1993
Clause 85 amends section 90 by providing that the notice of the proposed
determination of a major reference for a reviewable local government matter
is not required to include recommendations on implementation issues for
the matter. However, the recommendations on implementation issues must
be available for public inspection.
Clause 86 amends section 100 which mirrors the amendment to section
90 in Clause 85.
Clause 87 amends section 220 clarifying the existing requirement under
section 221 that a person who nominates as a candidate for election as a
local government councillor must be an Australian citizen. Being an elector
for the particular local government area is not sufficient qualification.
Clause 88 replaces section 242(1) providing the requirements before a
person can act as a local government councillor. The person must lodge a
return stating the details of electoral gifts received by the candidate in the
approved form and make a declaration of office.
Section 242(3) is amended to update the reference to the requirement to
lodge a return under section 242(1)(a). A new subsection is inserted to
provide for the case where the candidate was a member of a group under
the new section 427A. The person will need to lodge a return stating the
details of electoral gifts received by the group if the group has received
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Local Government and Other Legislation Amendment
electoral gifts at the time the person makes the declaration of office. The
person is required to provide the details in the return to the extent the
information is reasonably available.
Section 242(3) is also amended to provide for a minor change in the
wording of the declaration of office for a councillor of a local government
other than BCC. The wording in the amended declaration now includes a
reference to the role of a councillor under section 229 of the Local
Government Act 1993.
Clause 89 amends section 518 clarifying that a budget must be adopted
by resolution.
Clause 90 amends section 519 clarifying that a local government may
only amend a budget by resolution.
Clause 91 amends section 555 to clarify the intention that where a local
government under section 552(2) resolves to treat one of its activities as if it
were a significant business activity, in order to apply a competitive neutrality
reform under chapter 8 (ie, full cost pricing, commercialisation or
corporatisation), the local government could appoint the Queensland
Competition Authority (QCA) as its referee in the treatment of complaints
under chapter 11 of the Local Government Act 1993. Otherwise a local
government can only appoint the QCA as its referee for its significant
business activities.
Clause 92 amends section 598 to extend the sunset clause for this section
to 1 July 2000. Section 598 allows a local government to resolve to
delegate to a local government owned corporation of which it is the
shareholder any of the local government's powers that are necessary or
convenient for a local government owned corporation to carry on its
business.
Clause 93 amends section 1044 by providing that the reserve price at an
auction of land sold for overdue rates may be either the market value of the
land or, as previously was the case, whichever is the higher of the amount
of all overdue rates levied on the land or the unimproved value of the land.
The new section also provides definitions of `improved value', `market
value' and `registered valuer'.
The ability of the local government to set the reserve price at the market
value is entirely at its discretion and there is no obligation on the local
government to determine the market value prior to auction. That is, a local
government may set the reserve price at the higher of the amount of overdue
31
Local Government and Other Legislation Amendment
rates or the unimproved value without regard to the market value of the
property. Market value may be used regardless of whether it is higher or
lower than either or both the amount of overdue rates and the unimproved
value.
Clause 94 provides for the omission of headings following cross
references.
Section heading references will be moved to footnotes in the next reprint
of the Act to reflect current drafting practice.
PART 6--MINOR AMENDMENTS OF OTHER ACTS
Clause 95 provides for the minor amendments of other Acts as stated in
schedule 3.
SCHEDULE 1
MINOR AND CONSEQUENTIAL AMENDMENTS OF
CITY OF BRISBANE ACT 1924
This Schedule includes minor and consequential amendments.
Clause 1 provides a listing of those provisions of the Local Government
Act 1993 which apply to BCC.
Clause 2 deletes an unnecessary heading from section 17 of the Act.
Clause 3 deletes unnecessary headings from sections 25C(2) and 25C(3)
of the Act.
Clause 4 provides for the omission of a redundant provision.
Clause 5 provides for the renumbering of section 36A(4)(c) as section
36A(4)(b).
Clause 6 provides for the omission of a redundant provision.
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Local Government and Other Legislation Amendment
Clause 7 provides for an increase in the apparent value of goods the
council wishes to dispose of. The increase from $500 to $1000 brings the
value to that provided for other local governments under the Local
Government Act 1993.
Clause 8 provides for the correction of minor grammatical errors.
Clause 9 amends section 53 to make specific reference to the budget
meeting for the financial year.
Clause 10 amends section 66 to make specific reference to the budget
meeting.
SCHEDULE 2
AMENDMENTS OF THE LOCAL GOVERNMENT
ACT 1993
This Schedule includes minor and consequential amendments.
PART 1--AMENDMENTS OF LOCAL GOVERNMENT
ACT 1993 COMMENCING ON ASSENT
Clause 1 amends the definition for `declaration voter' to delete reference
to section headings.
Clause 2 provides for an updated listing of provisions in the Local
Government Act 1993 which apply to BCC.
Clause 3 lists the provisions in the Local Government Act 1993 which
apply only to a joint local government. The purpose of the amendment is to
delete reference to section headings.
Clause 4 lists the provisions in the Local Government Act 1993 which
apply to an Aboriginal or Torres Strait Islander local government. The
purpose of the amendment is to delete reference to section headings.
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Local Government and Other Legislation Amendment
Clause 5 provides for a change to procedures for processing declaration
votes in a reviewable local government matter referendum to reflect changes
made to sections 363A and 364.
Clause 6 amends section 157 to update section references.
Clause 7 amends section 220 to delete reference to section headings.
Clause 8 amends section 222 by removing the section headings and
replacing the reference to section 246 with section 244.
Clause 9 inserts a new section heading for section 347 to reflect changes
made in Clause 37 of the Bill.
Clause 10 provides for an amendment to section 347(1) to reflect
changes made in Clause 37 of the Bill.
Clauses 11, 12, 13, 14 and 15 provide for amendments to various
sections of the Act to reflect current drafting practices and to reflect changes
made in Clause 37 of the Bill.
Clauses 16 and 17 provide for amendments to sections 357(2)(d)(ii) and
358(2)(d)(ii) of the Act to reflect changes made in Clause 37 of the Bill.
Clause 18 inserts a new section heading for section 364 to reflect
amendments made in Clause 39 of the Bill.
Clauses 19 and 20 provide for the renumbering of clauses within section
364 of the Act and the insertion of a new subsection as a result of changes
made in Clause 37 of the Bill.
Clause 21 updates a reference in section 365(4)(a) to section 364(3) to
reflect changes made in Clause 39 of the Bill.
Clauses 22, 23, 24 and 25 reflect current drafting practice in the reference
to penalties for various offences.
Clauses 26 and 27 amend section 414 providing updated references to
sections of the Act as a result of changes made in Clauses 42 and 46 of the
Bill.
Clause 28 inserts a new subdivision heading to reflect amendments made
in Clause 42 of the Bill.
Clause 29 provides for updated references to sections 427A and 430 as a
result of changes made in Clauses 42 and 46 of the Bill.
Clause 30 provides for an updated reference in section 424(a) of the Act
as a result of Clause 40 of the Bill.
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Local Government and Other Legislation Amendment
Clause 31 inserts a new section heading to reflect changes made in
Clauses 40 to 48 of the Bill.
Clause 32 provides for a wording change in section 425(2) to reflect the
change in Clause 31 of schedule 2.
Clauses 33 and 34 insert new subdivision headings to reflect changes
made in Clauses 40 to 48 of the Bill.
Clauses 35 and 36 amend sections 477(2) and 484(3) to delete reference
to section headings.
Clause 37 provides for a change in wording to section 891(3) to reflect
current drafting practice.
Clauses 38, 39, 40, 41 and 42 amend sections 891(3), 1029(1), 1035(1),
1041(2)(b), 1075(1) and 1102(1) to delete reference to section headings.
Clauses 43 and 44 provide for the insertion of the renumbered chapter
reference
PART 2--AMENDMENTS OF LOCAL GOVERNMENT
ACT 1993 COMMENCING ON 1 JANUARY 2000
Clauses 1 to 21 provide amendments to reflect a change in terminology,
from `local law policy' to `subordinate local law' made in Clause 66 of the
Bill, resulting in amendments including replacements and omissions of
various terms, definitions and headings throughout the Act.
SCHEDULE 3
MINOR AMENDMENT OF OTHER ACTS
These minor and consequential amendments to these Acts are mechanical
in nature.
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Local Government and Other Legislation Amendment
PART 1--AMENDMENTS OF ACTS COMMENCING
ON ASSENT
AMENDMENTS OF INTEGRATED RESORT
DEVELOPMENT ACT 1987
Clause 1 provides that the Building Units and Group Titles Act 1980
does not apply in a certain instance.
Clauses 2 and 3 provide for the omission of redundant provisions.
AMENDMENTS OF MIXED USE DEVELOPMENT
ACT 1993
Clauses 1 and 2 provide for the insertion of a change in terminology to a
definition and various provisions in the Mixed Use Development Act 1993 to
reflect terminology contained in the Local Government Act 1993.
Clause 3 provides that the Building Units and Group Titles Act 1980
does not apply in a certain instance.
Clause 4 provides for the updating of references to the Building Units
and Group Titles Act 1980.
Clause 5 provides that the Building Units and Group Titles Act 1980
does not apply in a certain instance.
Clause 6 provides for the updating of references to the Building Units
and Group Titles Act 1980.
Clauses 7 and 8 provide for the insertion of updated references to current
Queensland legislation.
36
Local Government and Other Legislation Amendment
AMENDMENTS OF SANCTUARY COVE RESORT
ACT 1983
Clauses 1 and 2 provide for the updating of a reference to a provision of
the Building Units and Group Titles Act 1980 that does not apply in a
certain instance.
Clause 3 provides for the insertion of an updated reference to
corporations law legislation.
Clause 4 provides for the omission of redundant provisions from the
amended Act.
Clause 5 provides for the insertion of wording to make provisions of the
amended Act grammatically correct.
Clause 6 provides for the insertion of a replacement heading.
Clause 7 provides for the insertion of updated references to current
Queensland legislation.
Clause 8 provides for the insertion of wording to make provisions of the
amended Act grammatically correct.
Clause 9 provides for the omission of redundant provisions from the
amended Act.
Clause 10 provides for the insertion of updated references to current
Queensland legislation.
PART 2--AMENDMENTS OF ACTS COMMENCING
ON 1 JANUARY 2000
AMENDMENTS OF ACTS INTERPRETATION ACT
1954
Clause 1 provides for the omission of a redundant provision.
Clause 2 provides for the insertion of a replacement definition reflecting a
change in terminology contained in Clause 66 of the Bill.
37
Local Government and Other Legislation Amendment
AMENDMENTS OF STATUTORY INSTRUMENTS
ACT 1992
Clause 1 provides an amendment to terminology used in the Act to
reflect legislative changes contained in Clause 66 of the Bill.
© The State of Queensland 1999