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1
Local Government Legislation Amendment (No 2)
LOCAL GOVERNMENT LEGISLATION
AMENDMENT BILL (NO 2) 1997
EXPLANATORY NOTES
GENERAL OUTLINE
Objectives of the Bill
The objectives of the Bill are to amend the Local Government Act 1993
to--
· provide for greater flexibility in dealing with the review and
implementation of proposed external boundary changes to local
government areas occurring between triennial elections which
could affect divisional boundaries or councillor representation;
· clarify how local laws can enable the making of local law policies;
and
· provide for some minor and technical amendments.
Reasons for and Achievement of the Policy Objectives
Mid-term Reviews of Local Government Boundaries
The Bill will provide a Local Government Electoral and Boundaries
Review Commission with greater flexibility in making determinations on
the review of proposed changes to local government external boundaries.
This will address restrictions under the current law, which in the case of
divided areas, do not enable the creation of divisions outside the allowable
electoral tolerances, i.e., a redistribution and possibly fresh elections would
be necessary to produce an `in quota' situation.
To avoid unnecessary disruption to local government electoral
arrangements at a time between triennial elections, the Bill addresses the
situation by providing a Commission with additional options to suit a range
of possible circumstances. The Bill will also give the Minister more
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Local Government Legislation Amendment (No 2)
flexibility in making a reference to the Electoral Commissioner about
external boundary changes involving a local government with electoral
divisions.
The full range of options (including those provided for in this Bill and
under the current law) will be as follows:
Minister can identify that only external boundaries of a divided area be
reviewed
In making a reference, it is proposed that the Minister be given more
flexibility to deal with the review of the external boundaries of a local
government area which could impact on its electoral divisions. In this
respect, it is proposed that the Minister (when framing a reference) would
have the discretion to specify that the external boundaries only are to be
examined, i.e., there would be no immediate consideration by a
Commission of electoral divisions or the composition of a Council and the
assignment of councillors to divisions.
With such a reference, a Commission would be required to delay the
implementation of any proposed external boundary change involving a local
government area with electoral divisions, until the holding of the next local
government triennial elections. The review of divisions by another
Commission would then occur in accordance with the normal statutory
requirements, i.e., during the period beginning 1 March in the year before
the year of the next triennial elections (or in the case of Brisbane City
Council, in the period beginning 1 October in the year that is two years
before the year of the next triennial elections).
The fact that a delayed implementation of an external boundary change is
intended, must be stated by the Minister in the reference, i.e., a "delayed
implementation reference". A delayed implementation must be signified
when a Commission gives public notification of its proposed determination.
If the Commission proceeds with the determination, people will also be
aware of that approach through the existing requirements to publicly advise
of any determination by a Commission.
Commission can determine not to proceed
Under the current law, a Commission can make a preliminary
assessment and could determine not to implement a reviewable local
government matter. The Commission may also exercise this discretion at a
later stage of the review process. This could be on the basis that the
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Local Government Legislation Amendment (No 2)
proposed external boundary change would unduly disrupt divisional and
electoral arrangements. In effect, the Commission may be of the opinion
that it would be better if a new reference were issued closer to the next local
government triennial elections.
Commission only reviews external boundaries--with delayed
implementation
The Bill provides that even though the Minister has not issued a delayed
implementation reference (as indicated above), a Commission has the
discretion to delay implementation of a proposed external boundary change
that involves a divided local government area.
For example, if a Commission considers the proposed external boundary
change would unduly disrupt the divisional or electoral arrangements, it
may (at its own discretion) determine to delay the implementation of the
change until the holding of the next triennial elections. The proposed
divisions for the conduct of the next triennial elections would then be
determined by another Commission in accordance with the normal statutory
requirements. As in the case of a delayed implementation reference from
the Minister, people would be aware of the Commission's intention through
the public notification process.
These new powers of a Commission do not extend to the amalgamation,
creation or abolition of local government areas. They only relate to the
transfer of land from one local government area to another.
The Bill also expands the regulation making power of the Governor in
Council to redress a situation that may arise whenever implementation is
delayed. For example, Council "A" may reduce services and expenditure in
the interim period to an area that will be transferred to Council "B" at the
conclusion of the next triennial elections. The Governor in Council's power
to make regulations dealing with the implementation of matters relating to a
Commission's determinations (e.g., the apportionment of assets and
liabilities following a boundary change) now extends to requiring a greater
transfer of assets such as funds from Council "A" because it failed to
provide adequate services to the part of the local government's area it knew
was to be transferred to Council "B".
Allowable variance to quota
The electoral quota for a local government area that is divided is
calculated by dividing the total number of electors by the number of
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Local Government Legislation Amendment (No 2)
councillors (other than the Mayor). The allowable variance to the electoral
quota for a councillor for a division is set at--
· up to 10% for local government areas with more than 10 000
electors; and
· up to 20% for other local government areas.
The Bill allows a Commission as an interim measure to expand the
allowable variance from the electoral quota for directly affected divisions.
This discretion is only available where a Commission considers that a
proposed external boundary change would disrupt divisional arrangements
but not to an extreme degree. The Commission may then determine to
proceed with the changes to the external boundaries and allow the divisions
directly affected by the change to be out of the normal margin of allowance
until the next triennial elections. A division is "directly affected" where the
area of the division has been affected by the transfer of land in the
adjustment of the external boundaries of the local governments, or where a
division shares a boundary with a division affected by the transfer of land.
A Commission would not have an unfettered discretion but would only
be able to permit the immediate implementation of external boundary
changes with expanded variance to the tolerance, where the variance to the
quota is not more than double the normal margin. The temporary expanded
variance to the quota will be:
· up to 20% for local government areas with more than 10 000
electors; and
· up to 40% for other local government areas.
The extent of the proposed variance is to be publicly advertised during
public consultation on a proposed determination.
If the Commission held a reference that permitted an amalgamation to
occur or the creation or abolition of a local government area, it would not be
able to rely on this new power to draw up electoral arrangements for the
fresh elections, i.e. the Commission would be obliged to rely on the existing
normal allowance provisions in the Act.
Commission reviews external boundaries plus some or all internal
boundaries--with possible fresh elections
In examining a reference dealing with an external boundary change for a
divided area, the current law provides that a Commission must proceed
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Local Government Legislation Amendment (No 2)
with a review of external boundaries and divisional boundaries, with results
that can include a full redistribution of divisions and fresh elections for the
local governments concerned. This option is needed for those external
boundary changes with such major impacts on divisions and representation
that it is the only reasonable course of action.
However, to provide further flexibility for mid-term boundary changes,
the Bill also gives a Commission a discretion to choose to conduct a partial
redistribution of affected divisions rather than a full redistribution. Only
those divisions directly affected by the external boundary change would
need to be brought into quota (i.e. by using the normal tolerance or the
expanded tolerance). Divisions that do not fall within the definition of
"directly affected" need not be altered at that time, even if they are out of
quota for other reasons such as natural population trends. All divisions
would be brought back into normal quota at the time of the statutory review
period.
Clarify how local laws enable the making of local law policies
The Local Government Act 1993 allows local governments to make local
laws which include provision for the making of local law policies to assist
in the detailed implementation of a local laws' objects.
Some user friendly examples have been added to the Act to clarify how
local governments can make local laws which include provision for the
making of local law policies to assist in the detailed implementation of a
local law's objects. These examples indicate how a local law can either
authorise making a broad local law policy or a policy that applies only to a
narrow and specific issue.
Minor and technical amendments
Minor errors and oversights have been corrected so that the Act reflects
the intentions expressed when approval was originally given for drafting the
relevant sections. This includes minor and technical amendments to the
National Competition Policy provisions contained in the Local Government
Legislation Amendment Bill 1997 passed by Parliament on 9 May 1997.
Alternatives to the Bill
Mid-term Reviews of Local Government Boundaries
The only alternative to these amendments is to take no legislative action.
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Local Government Legislation Amendment (No 2)
This option is not acceptable as the intention of the proposed legislation is to
enable a Commission to review external boundary changes and make
determinations which avoid the necessity to immediately implement a
change which could result in a redistribution of local government electoral
divisions and subsequent fresh elections at a time occurring between the
holding of triennial elections.
Clarify how local laws enable the making of local law policies
There is no alternative to the proposed amendment. The proposed
examples further clarify the relationship between local laws and local law
policies.
Minor and technical amendments
There are no alternatives for the minor and technical amendments. These
amendments correct minor errors and oversights to reflect the intentions
expressed when approval for drafting was first given.
Administrative Costs to the Government of Implementation of the Bill
There are no additional administrative costs for Government. All costs
will be met from the normal operating budget.
Consistency with Fundamental Legislative Principles
The Bill is consistent with fundamental legislative principles.
Consultation
The following have been consulted during the preparation of the Bill:
· Local Government Association of Queensland (LGAQ);
· Electoral Commissioner of Queensland (ECQ); and
· Brisbane City Council.
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Local Government Legislation Amendment (No 2)
EXPLANATION OF CLAUSES
PART 1--PRELIMINARY
Clause 1 sets out the short title of the Act.
PART 2--AMENDMENT OF LOCAL GOVERNMENT
ACT 1993
Clause 2 provides for the amendment of the Local Government Act
1993.
Clause 3 inserts in section 4 (Definitions) a meaning of the term
"delayed implementation issues". Delayed implementation issues are issues
which a Local Government Electoral and Boundaries Review Commission
must consider prior to deciding whether or not a determination relating to an
external boundary change should be delayed until the next triennial
elections. They include the likely cost of fresh elections and the proximity to
last and next elections of all councillors of the local governments concerned.
(Delayed implementation issues are considered for major or minor
references of a reviewable local government matter that involve changes to
external boundaries under section 64(1)(c). They do not apply to limited
reviewable local government matters or references dealing with
amalgamation, abolition or creation of local government areas).
Section 4 also defines the term "delayed implementation determination".
It is a determination by a Commission to delay the implementation of an
external boundary change involving a divided local government area until
the next triennial elections. (Refer to new sections 72G(1A) or (1B) or
73E(1A) or (1B)).
Section 4 also defines the term "delayed implementation reference" as a
reference that the Minister states is a delayed implementation reference. It
must be a major or minor reference (under section 64(1)(c)) for a
reviewable local government matter that involves only an external boundary
change for a divided area. It also does not require a Commission to consider
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Local Government Legislation Amendment (No 2)
electoral divisions or composition and assignment of members of a local
government under section 64(1)(g), (h), (i) or (k).
With a delayed implementation reference, the Governor in Council
would be required to make a regulation as soon as practicable that would
provide that the new external boundaries would not come into force until the
declaration of the polls at the next triennial elections for the affected local
governments. The internal boundaries would then be reviewed in the run up
to the local government triennial elections using the process under sections
234 and 235. The triennial elections would be conducted as if the changed
external boundaries, and the internal divisional arrangements based on those
external boundaries, were in force.
Clause 4 amends section 72D dealing with major references of
reviewable local government matters to expand the information that is to be
contained in the public notification of a Commission's proposed
determination.
For a proposed determination of a Commission that includes a proposal
to adopt an expanded margin of allowance from an electoral quota under
section 233(3), the public notice must include details of what increased
margin is being proposed for each affected division.
For a proposed determination of a Commission that includes a proposal
for delayed implementation under section 72G(1A) or (1B), the public
notice must include that it is proposed to delay the implementation until the
next triennial elections and that those elections will be conducted as if the
proposed boundaries were already in place. This applies to proposed
determinations for delayed implementation either under a Minister's
reference or a Commission's discretionary decision to delay
implementation.
Clause 5 amends section 72G dealing with a Commission making final
determinations on major references of reviewable local government matters
by inserting new subsections (1A), (1B), (1C), (1D) and (1E).
Subsection (1A) requires a Commission, where the Minister has issued a
delayed implementation reference, to determine that a change to external
boundaries under section 64(1)(c) be delayed in its implementation until the
next triennial elections.
The Commission also must not determine any matters relating to the
divisions of the area or the composition and assignment of councillors. This
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Local Government Legislation Amendment (No 2)
restriction is necessary as these matters would automatically be reviewed in
the statutory review period in the lead up to the next triennial elections.
It is also necessary despite the definition in section 4 which explicitly
provides that a delayed implementation reference is not to include a review
of electoral divisions or the composition and assignment of councillors of a
local government under section 64(1)(g), (h), (i) or (k). The provisions act
to prohibit a Commission actually considering these matters on a delayed
implementation issue.
This is also appropriate because legal advice has indicated that a reference
by the Minister under section 69 that refers only to the external boundaries
does not necessarily prevent a Commission, if its determination would
impact on divisional or electoral matters, from proceeding to examine the
divisions and the composition and assignment of members of the local
government. In this respect, it could be interpreted that there is an implied
power for the Commission to review internal electoral matters whenever a
reference is couched as just external boundaries.
This implied power is appropriate in circumstances where a Commission
may arrive at a determination on external boundaries with such an impact
that it is only sensible to proceed to deal with divisional or electoral matters.
However, it is necessary to limit this implied power in the case of delayed
implementation references, as otherwise the intention of the Minister in
issuing the reference could be overturned.
Subsection (1B) provides that where the Minister has not issued a
delayed implementation reference, a Commission, in considering a
reference dealing with external boundaries for a divided area, has the
discretion to determine to delay implementation, if it is satisfied that it is
appropriate after considering the delayed implementation issues as defined
in section 4. Where a Commission exercises this discretion, the
Commission must not make any determinations relating to divisional
boundaries, assignment of councillors to divisions or the composition of a
local government.
Subsection (1C) provides that a Commission in making a determination
to implement changes to external boundaries under section 64(1)(c), may as
a result of its determination, deal only with those divisions of the local
government area directly affected by the external boundary change, i.e. carry
out a partial redistribution. This discretion is not only limited to those
divisions that are directly affected by the external boundary change but also
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Local Government Legislation Amendment (No 2)
on the proviso that divisional matters were included in the original
reference.
In carrying out a partial redistribution, a Commission also has discretion
to apply either the normal margin of allowance (section 233(2)) or the
expanded margin of allowance (section 233(3)). This arrangement would be
reviewed by a Commission at the normal statutory review period in the lead
up to the next triennial elections. In such case, all divisions would need to
comply with the normal margin of allowance for the purpose of conducting
the next triennial elections.
Subsection (1D) provides that a Commission does not have the
discretion to carry out a partial redistribution if the original reference
included matters relating to the composition or assignment to divisions of
councillors of a local government (under section 64(1)(i) or (k)) and if the
Commission has made a determination on those matters. This is because
the assignment of members and the composition of a local government
affect all divisions and could require fresh elections for the whole of the
local government area.
Subsection (1E) defines a directly affected division as a division with
boundaries that will be changed by the transfer of land between local
governments as a consequence of a proposed external boundary change. It
also includes any divisions that adjoin the transferred part (including the
division that has had land transferred from it) and all divisions that adjoin
those divisions.
Clause 6 amends section 72H dealing with major references of
reviewable local government matters by requiring a Commission to include
additional information to inform the public in the notification of its final
determination. The notification must advise that implementation will be by
regulation. Where a Commission's determination includes delayed
implementation under section 72G(1A) or (1B), the notification must
provide some general information about the effect of delayed
implementation. If a compulsory referendum has rejected a proposal to
create, amalgamate or abolish a local government area, the Commission's
notification of its determination (in line with the outcome of the
referendum) must provide general information about the Legislative
Assembly's discretion to overturn a referendum under section 72J.
Clause 7 amends section 72I dealing with the implementation by the
Governor in Council, by regulation, of major references of reviewable local
government matters.
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Local Government Legislation Amendment (No 2)
Section 72I currently provides that the Governor in Council must
implement a Commission's determination as soon as practicable after the
Minister receives the notice about, and a copy of, the Commission's report.
This requirement ensures that the implementation of a Commission's
determination is not ignored or delayed. The existing provisions also allow
for delayed implementation without breaching the intent of the original
provisions, e.g. where the implementation requires some delay because of
the holding of triennial or fresh elections.
Additional provisions are provided for to ensure that the Governor in
Council implements a Commission's determination for delayed
implementation under section 72G(1A) or (1B). The provisions also require
a regulation to be made to ensure that the next triennial elections are
conducted on the proposed new external boundaries.
Clause 8 amends section 73C dealing with minor references of
reviewable local government matters to expand the information that is to be
contained in the public notification of a Commission's proposed
determination.
For a proposed determination of a Commission that includes a proposal
to adopt an expanded margin of allowance from an electoral quota under
section 233(3), the public notice must include details of what increased
margin is being proposed for each affected division.
For a proposed determination of a Commission that includes a proposal
for delayed implementation under section 73E(1A) or (1B), the public
notice must include that it is proposed to delay the implementation until the
next triennial elections and that those elections will be conducted as if the
proposed boundaries were already in place. This applies to proposed
determinations for delayed implementation either under a Minister's
reference or a Commission's discretionary decision to delay
implementation.
Clause 9 amends section 73E dealing with a Commission making final
determinations on minor references of reviewable local government matters
by inserting new subsections (1A), (1B), (1C), (1D) and (1E).
Subsection (1A) requires a Commission, where the Minister has issued a
delayed implementation reference, to determine that a change to external
boundaries under section 64(1)(c) be delayed in its implementation until the
next triennial elections.
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Local Government Legislation Amendment (No 2)
The Commission also must not determine any matters relating to the
divisions of the area or the composition and assignment of councillors. This
restriction is necessary as these matters would automatically be reviewed in
the statutory review period in the lead up to the next triennial elections.
It is also necessary despite the definition in section 4 which explicitly
provides that a delayed implementation reference is not to include a review
of electoral divisions or the composition and assignment of councillors of a
local government under section 64(1)(g), (h), (i) or (k). The provisions act
to prohibit a Commission actually considering these matters on a delayed
implementation issue.
This is also appropriate because legal advice has indicated that a reference
by the Minister under section 69 that refers only to the external boundaries
does not necessarily prevent a Commission, if its determination would
impact on divisional or electoral matters, from proceeding to examine the
divisions and the composition and assignment of members of the local
government. In this respect, it could be interpreted that there is an implied
power for the Commission to review internal electoral matters whenever a
reference is couched as just external boundaries.
This implied power is appropriate in circumstances where a Commission
may arrive at a determination on external boundaries with such an impact
that it is only sensible to proceed to deal with divisional or electoral matters.
However, it is necessary to limit this implied power in the case of delayed
implementation references, as otherwise the intention of the Minister in
issuing the reference could be overturned.
Subsection (1B) provides that where the Minister has not issued a
delayed implementation reference, a Commission in considering a reference
dealing with the external boundaries of a divided area, has the discretion to
determine to delay implementation, if it is satisfied that it is appropriate after
considering the delayed implementation issues as defined in section 4.
Where a Commission exercises this discretion, the Commission must not
make any determinations relating to divisional boundaries, assignment of
councillors to divisions or the composition of a local government.
Subsection (1C) provides that a Commission in making a determination
to implement changes to external boundaries under section 64(1)(c), may as
a result of its determination, deal only with those divisions of the local
government area directly affected by the external boundary change, i.e. carry
out a partial redistribution. This discretion is not only limited to those
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Local Government Legislation Amendment (No 2)
divisions that are directly affected by the external boundary change but also
on the proviso that divisional matters were included in the original
reference.
In carrying out a partial redistribution, a Commission also has discretion
to apply either the normal margin of allowance (section 233(2)) or the
expanded margin of allowance (section 233(3)). This arrangement would be
reviewed by a Commission at the normal statutory review period in the lead
up to the next triennial elections. In such case, all divisions would need to
comply with the normal margin of allowance for the purpose of conducting
the next triennial elections.
Subsection (1D) provides that a Commission does not have the
discretion to carry out a partial redistribution if the original reference
included matters relating to the composition or assignment to divisions of
councillors of a local government (under section 64(1)(i) or (k)) and if the
Commission has made a determination on those matters. This is because
the assignment of members and the composition of a local government
affect all divisions and could require fresh elections for the whole of the
local government area.
Subsection (1E) defines a directly affected division as a division with
boundaries that will be changed by the transfer of land between local
governments as a consequence of a proposed external boundary change. It
also includes any divisions that adjoin the transferred part (including the
division that has had land transferred from it) and all divisions that adjoin
those divisions.
Clause 10 amends section 73F dealing with minor references of
reviewable local government matters by requiring a Commission to include
additional information to inform the public in the notification of its final
determination. The notification must not only advise that implementation
will be by regulation, but also, where a Commission's determination
includes delayed implementation under section 73E(1A) or (1B), it must
provide some general information about the effect of delayed
implementation.
Clause 11 amends section 73G dealing with the implementation by the
Governor in Council, by regulation, of minor references of reviewable local
government matters. Section 73G currently provides that the Governor in
Council must implement a Commission's determination as soon as
practicable after the Minister receives the notice about, and a copy of, the
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Local Government Legislation Amendment (No 2)
Commission's report. This requirement ensures that the implementation of
a Commission's determination is not ignored or delayed. The existing
provisions also allow for delayed implementation without breaching the
intent of the original provisions, e.g. where the implementation requires
some delay because of the holding of triennial or fresh elections.
Additional provisions are provided for to ensure that the Governor in
Council implements a Commission's determination for delayed
implementation under section 73E(1A) or (1B). The provisions also require
a regulation to be made to ensure that the next triennial elections are
conducted on the proposed new external boundaries.
Clause 12 amends section 77 dealing with a Commission making
determinations on limited reviewable local government matters. It inserts a
reference to section 233(2) to take account of amendments to section 233 in
this Bill. In this respect, a Commission can not adopt an expanded margin
of allowance in making determinations in relation to divisions being
examined under an application for a limited reviewable local government
matter.
Clause 13 amends section 106 to expand the issues that may be dealt
with by a regulation made by the Governor in Council implementing a
reviewable local government matter. Section 106 already enables the
making of a regulation providing for the transfer of assets and liabilities
between local governments.
This amendment inserts section 106(2)(j) to enable a regulation to
provide for payment where services and facilities have not been adequately
supplied to a part of an area that will be transferred into another local
government at the conclusion of the next triennial elections. This
amendment will enable a regulation to deal with problems arising out of an
external boundary change which is the subject of a delayed implementation.
In this situation, Council "A" may, during the interim period up to the next
triennial elections, reduce services and expenditure to an area that will be
transferred to Council "B" at the conclusion of those elections. The
amendment will provide a discretionary regulation making power to require
a greater transfer of assets (e.g. funds) from Council "A" because it failed
to provide adequate services to the area it knew was to be transferred to
Council "B".
In addition, section 106 already enables the making of a regulation to
provide for holding, postponing or cancelling elections. However, the
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Local Government Legislation Amendment (No 2)
regulation making power has been constrained to ensure that a regulation
can not be made providing for the holding of fresh elections for a local
government where a Commission has adopted the expanded margin of
allowance or only conducted a partial redistribution of divisions of the area.
Clause 14 amends section 233 by providing a Commission with the
discretion to apply up to a double margin of allowance for the quota of
voters for each councillor to be elected for a division of a local government
area. This applies to references of major and minor reviewable local
government matters relating to the review of external boundaries (and does
not apply to references dealing with amalgamation, creation or abolition of
local government areas). It also does not apply to delayed implementation.
Only those divisions that are directly affected by the external boundary
change may have the doubled margin of allowance applied. The increased
margin of allowance will only apply from the date of a regulation
implementing a Commission's determination on external boundaries until
the next triennial elections.
Other divisions not directly affected by the external boundary change
would be reviewed at a later time by another Commission in the statutory
review period in the lead up to the next triennial elections. A Commission
therefore can not make a determination using the doubled margin of
allowance during the statutory review period in the lead up to the next
triennial elections within which a Commission is required to review all
divided local government areas which are or could be out of quota.
For the purpose of conducting the next triennial elections, all divisions of
a local government area must still comply with the normal margin of
allowance for quotas.
Clause 15 amends section 234 to exempt those local governments with
divided areas which are affected by a delayed implementation determination
made by a Commission, from the unnecessary task of advising the Minister
whether or not their divisions (based on its existing area and not the
proposed area) are within the normal margin of allowance. In these
circumstances, a review of divisional boundaries will be initiated by the
Minister under section 235 without requiring a triggering report from a local
government.
Clause 16 amends section 235 by ensuring that where a local
government area has been the subject of a delayed implementation
determination or a partial redistribution, that local government area will be
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Local Government Legislation Amendment (No 2)
referred by the Minister for review of divisional boundaries. The reference
must be made as soon as practical after the information date. (The
information date is 1 March in the year before the year of the next triennial
elections, except in the case of Brisbane City Council, where it is 1 October
in the year that is two years before the year of the next triennial elections).
The amendment will ensure that all local governments with divided areas
are within the normal margin of allowance for the purpose of conducting
the next triennial elections.
Clause 17 amends section 350 to ensure that any fresh election cannot be
held where only a partial redistribution of divisions of the area has occurred.
In this respect, a normal margin of allowance or a doubled margin of
allowance can be adopted by a Commission when carrying out a partial
redistribution. However, it is considered that all divisions should be
reviewed and are to be within the normal margin of allowance for the
purpose of conducting a fresh election.
Clause 18 amends section 459 by providing examples of how a local law
can either authorise making a broad local law policy or a policy that applies
only to a narrow and specific issue.
PART 3--CONSEQUENTIAL AND MINOR
AMENDMENTS
Clause 19 provides for a schedule of consequential and minor
amendments amending the Acts mentioned therein.
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Local Government Legislation Amendment (No 2)
SCHEDULE
CONSEQUENTIAL AND MINOR AMENDMENTS
CITY OF BRISBANE ACT 1924
LOCAL GOVERNMENT ACT 1993
LOCAL GOVERNMENT LEGISLATION
AMENDMENT ACT 1997
These minor amendments are administrative in nature and correct minor
errors and oversights to ensure that the intentions of provisions are met or
are clear.
The majority of the amendments are to the National Competition Policy
provisions contained in the Local Government Legislation Amendment Bill
1997 passed by Parliament on 9 May 1997.
© The State of Queensland 1997