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Local Government Reform Implementation Bill 2007
Local Government Reform
Implementation Bill 2007
Explanatory Notes for Amendments to be
Moved During Consideration in Detail by the
Honourable Andrew Fraser MP
Title of the Bill
Local Government Reform Implementation Bill
Objectives of the Amendments
The objectives of the amendments are:
· to expand the application of poll provisions to include polls
conducted by other entities; and
· to clarify provisions relating to the interim CEO and the
employment subcommittee; and
· to correct reference errors in the schedules.
Achievement of the Objectives
To achieve these objectives minor amendments are proposed to the Local
Government Reform Implementation Bill 2007.
Alternative Ways of Achieving Policy Objectives
The policy objective can only be achieved by legislative enactment.
Estimated Cost for Government Implementation
There will be no cost for government resulting from this amendment.
Consistency with Fundamental Legislative Principles
The amendments are consistent with fundamental legislative principles
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Local Government Reform Implementation Bill 2007
Consultation
Consultation with the State Transition Committee supported the
amendments to provisions for the interim CEO and employment
subcommittee.
NOTES ON PROVISIONS
Amendment 1 amends clause 5 (Insertion of new chapter 3, part 1B
[Implementation of whole of Queensland local government boundaries
reform]) of the Local Government Reform Implementation Bill 2007 (the
Bill) to insert a subsection (2A) into section 159YW. New subsection 2A
provides that if the interim CEO is an employee of one of the merging local
governments, they may be appointed by way of secondment.
The purpose of the provision is to make clear that, if a CEO of a merging
local government is appointed on secondment as interim CEO, their
capacity to return to their substantive position as CEO of the merging local
government remains intact until changeover day.
Amendment 2 amends clause 5 (Insertion of new chapter 3, part 1B
[Implementation of whole of Queensland local government boundaries
reform]) of the Bill by re-numbering subsection (3) as subsection (4). This
facilitates other amendments to section 159YW.
Amendment 3 amends clause 5 (Insertion of new chapter 3, part 1B
[Implementation of whole of Queensland local government boundaries
reform]) of the Bill to omit subsection (4) from section 159YW. The
removal of this provision allows an interim CEO who was a CEO of a
merging council to have their position as CEO maintained until the
elections, even though as interim CEO they do not fulfil that role.
Amendment 4 amends clause 5 (Insertion of new chapter 3, part 1B
[Implementation of whole of Queensland local government boundaries
reform]) of the Bill to replace subsection (2)(a) of 159YX to make it clear
that the employment subcommittee is to include a representative of each
union who has members among the employees of the merging local
governments represented on the local transition committee.
Amendment 5 amends clause 5 (Insertion of new chapter 3, part 1B
[Implementation of whole of Queensland local government boundaries
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Local Government Reform Implementation Bill 2007
reform]) of the Bill to insert subsection (4) into section 159YX. This new
provision defines union to mean an employee association registered as an
organisation under the Industrial Relations Act 1999.
Amendment 6 amends clause 5 (Insertion of new chapter 3, part 1B
[Implementation of whole of Queensland local government boundaries
reform]) of the Bill to omit the reference "under chapter 6, part 2" in
subsection 159ZY(1).
Amendment 7 amends clause 5 (Insertion of new chapter 3, part 1B
[Implementation of whole of Queensland local government boundaries
reform]) of the Bill to omit the reference "under chapter 6, part 2" in
subsection 159ZY(2).
Amendment 8 amends clause 5 (Insertion of new chapter 3, part 1B
[Implementation of whole of Queensland local government boundaries
reform]) of the Bill to insert subsection (2A) into subsection 159ZY. This
provision makes it clear that a poll related to local government reform is
not to be conducted despite the poll provisions in chapter 6, part 2 of the
Local Government Act 1993.
Amendment 9 amends clause 5 (Insertion of new chapter 3, part 1B
[Implementation of whole of Queensland local government boundaries
reform]) of the Bill to insert into section 159ZY, definitions for conduct a
poll and poll.
Amendment 10 amends clause 5 (Insertion of new chapter 3, part 1B
[Amendment of s 160 (Procedures before exercise of certain powers)] by
inserting new clauses 5A and 5B. New clause 5A of the Bill amends
section 160 of the Local Government Act 1993. The amendment clarifies
that the Minister need not give notice before exercising an intervention
power under Chapter 3, Part 2, Division 1 of the Act if the power is
proposed to be exercised because of contravention of new section
159ZY(1), which prohibits the conduct of certain polls.
New clause 5B of the Bill amends section 164 of the Local Government Act
1993. The amendment clarifies that the Minister may be satisfied that a
local government has acted unlawfully by contravening new section
159ZY(1) and that, in these circumstances, the Governor in Council may
make a regulation to dissolve a local government pursuant to this section of
the Act.
Amendment 11 amends clause 19 (Insertion of new schedule 1A-1C) to
change the entry for Toowoomba in column 4 of part 1 of schedule 1A
from divided to undivided.
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Local Government Reform Implementation Bill 2007
Amendment 12 amends clause 19 (Insertion of new schedule 1A-1C) to
change the map reference entries for Gold Coast, Ipswich, Logan and
Mornington in column 3 of part 2 of schedule 1B from LGTA to LGRB.
Amendment 13 amends clause 19 (Insertion of new schedule 1A-1C) to to
provide that the chief executive officer of Logan City Council and Gold
Coast City Council are members of the committee. The chief executive of
Beaudesert Shire Council is not a member of the committee.
© State of Queensland 2007