LOCAL GOVERNMENT ACT 1993 Reprinted as in force on 1 July 2009 Reprint No. 12H > TABLE OF PROVISIONS Contents CHAPTER 1--PRELIMINARY Part 1--Introduction 1. Short title Part 2--Objects 2. Objects of this Act Part 3--Interpretation 3. Definitions 4. Meaning of owner of land 5. Meaning of conclusion of local government election 6. Meaning of material personal interest 7. Meaning of open to inspection 8. Documents open to inspection not to contain information about protected persons Part 4--Application of Act to Brisbane City Council 9. Act applies only so far as expressly provided 10. How local government Acts apply to Brisbane City Council Part 5--Application of Act to joint local governments 11. Act applies except so far as application displaced 12. How Act applies to joint local governments CHAPTER 2--THE LOCAL GOVERNMENT SYSTEM Part 1--Local governments Division 1--Local government areas 15. Areas 16. Declaration of local government areas 17. Local government required for each local government area 18. Declaration of classes of local government areas Division 2--Roles of local governments 19. Application to Brisbane City Council 20. Roles of local government Division 3--Jurisdiction of local governments 21. Application to Brisbane City Council 22. Exercise of jurisdiction for its local government area—the basic territorial unit 23. Exercise of jurisdiction outside its local government area—the additional territorial units 24. Territorial unit of local government 25. Jurisdiction of local government 26. Law-making matters included in jurisdiction of local government 27. Limitation on exercise of jurisdiction for basic territorial unit 28. Limitation on exercise of jurisdiction for additional territorial units 29. Local laws and policies apply to additional territorial units only if expressly applied 30. General limitations on exercise of jurisdiction 31. Inconsistency with State law Division 4--Number of councillors 32. Number of councillors Division 5--Names, legal status and general powers of local governments 33. Local government name 34. Constitution 35. Proceedings 36. General powers Division 6--Other provisions about local governments 37. Site of public office 38. Execution of documents by local governments 38A. Liability does not attach to councillors etc. acting honestly Part 2--Joint local governments Division 1--Extended application of part 39. Application of part to Brisbane City Council Division 2--Consultation 41. Consultation before exercise of powers under part Division 3--Joint local government areas 42. Declaration of joint local government areas Division 4--Establishment and operation of joint local governments 43. Establishment 44. Regulations about establishment and operation of joint local governments Division 5--Jurisdiction of joint local governments 45. Jurisdiction generally 46. Jurisdiction exclusive Division 6--Membership of joint local governments 47. Members 48. Number of representatives etc. Division 7--Legal status and general powers of joint local governments 49. Constitution 49A. Proceedings 50. General powers 51. Restriction on power to make or levy rate 52. Delegation to component local governments Division 8--Other provisions about joint local governments 53. Execution of documents by joint local governments 53A. Liability does not attach to members acting honestly 54. Adjustments between joint local government and component local governments Part 3--Joint action by local governments Division 1--Extended application of part 55. Application of part to Brisbane City Council Division 2--Joint action 57. Joint responsibility for boundary works 58. Extension of operations outside local government area 59. Cooperation between local governments 60. Interstate cooperation CHAPTER 3--INTERACTION WITH THE STATE Part 1--Reviewable local government matters Division 1--Preliminary 61. Application of part to Brisbane City Council 62. Definitions for pt 1 63. Meaning of owner of land for pt 1 64. Meaning of reviewable local government matter 65. Meaning of limited reviewable local government matter Division 2--Local Government Electoral and Boundaries Review Commissions Subdivision 1--Establishment, constitution and functions of commissions 66. Establishment 67. Constitution 68. Functions Subdivision 2--Business and meetings of commissions 69. Conduct of business 70. Times and places of meetings 71. Quorum at meetings 72. Presiding member 73. Voting at meetings 74. Disclosure of interests by members of expanded commission 75. Additional provisions for disclosure of interests by commissioner and deputy commissioner Subdivision 3--Miscellaneous 76. Resignation and removal Division 3--References of, and applications for, reviewable local government matters Subdivision 1--References to commissioner by Minister 77. Minister may refer certain reviewable local government matters to commissioner 78. References of reviewable local government matters to be tabled etc. 79. Request by commissioner for reference Subdivision 2--Applications to commissioner by local governments 80. Limited reviewable local government matters Division 4--Procedures for major and minor references of reviewable local government matters Subdivision 1--Preliminary 81. References of reviewable local government matters 82. Appointment of additional review commissioners 83. Commissions may declare major references 84. Commissions must have regard to prescribed issues 85. Restrictions on determinations for City of Brisbane Subdivision 2--Major references of reviewable local government matters 86. Application of subdivision 87. Commission may make inquiries 88. Preliminary procedures for certain references 89. Determination not to implement matter 90. Public notice of proposed determination to implement matter 91. Commission to consider submissions 92. Holding of referendum 93. Making final determination and preparation of report 94. Notification of determination and report to Minister 95. Implementation of matter on commission's report 96. Implementation of matter at request of Legislative Assembly Subdivision 3--Minor references of reviewable local government matters 97. Application of subdivision 98. Commission may make inquiries 99. Determination not to implement matter 100. Notice of proposed determination to implement matter and recommendations 101. Commission to consider submissions 102. Making final determination and preparation of report 103. Notification of determination and report to Minister 104. Implementation of matter Division 5--Limited reviewable local government matters 105. Application of division 106. Commission may make inquiries 107. Commission must have regard to prescribed issues 108. Restriction on determination to implement matter 109. Action after determination to implement matter 110. Action after determination not to implement matter 111. Implementation of matter Division 6--Inquiries by expanded commissions Subdivision 1--General 112. Expanded commission may decide to hold inquiry for certain matters 113. Notice of decision to hold inquiry Subdivision 2--Conduct of inquiries 114. Presiding member 115. Commission's duties on inquiry 116. Commission may decide procedures 117. Public may attend 118. Commission's powers on inquiry 119. Notice to witness 120. Duty of witness at inquiry 121. Contempt 122. Change of commission members Division 7--Referendums Subdivision 1--Preliminary 123. Application of div 7 124. Approving or opposing referendum question Subdivision 2--Holding referendums 125. Wording of referendum question 126. Appointment and role of returning officers for referendum 127. Referendum day 128. Notice of referendum day and other information 129. Voters rolls 130. Voters roll to be open to inspection and purchase 131. Explanatory statement 132. Commission may request information from local government 133. Giving statements to affected electors and display of statements and proposed determination 134. Local government views on referendum 135. Compulsory voting 136. Conduct of referendum Subdivision 3--Replacement provisions 137. Preliminary 138. Direction that poll be conducted by postal ballot 139. Ballot papers 140. Mode of voting 141. Effect of ballot paper 142. Scrutineers Subdivision 4--Miscellaneous 143. Referendum cost 144. Proof of voters roll Division 8--Provisions about commission members Subdivision 1--Commissioner and deputy commissioner 145. Commissioner may direct deputy commissioner to perform commissioner's functions Subdivision 2--Appointment, and duration of appointment, of review commissioners 146. Appointment 147. Duration of appointment Subdivision 3--Terms of appointment, resignation and termination of appointment of certain commission members 148. Definition for sdiv 3 149. Terms of appointment 150. Resignation 151. Termination of appointment Division 9--Miscellaneous 152. Staff and administrative support 153. Annual reports 154. Certain reports to be tabled etc. 155. Reports open to inspection and available for purchase 156. Additional procedures may be prescribed by regulation Division 10--Implementing reviewable local government matters 157. Implementation of reviewable local government matter 158. Requirement before implementation 159. Liability for State taxes Part 1B--Implementation of whole of Queensland local government boundaries reform Division 1--Preliminary 159YA. Application of pt 1B 159YB. Objectives of pt 1B 159YC. Operation of pt 1B in relation to pt 1 159YD. Definitions for pt 1B 159YE. Changeover day Division 2--Establishment of new local government areas and adjustments of local government areas Subdivision 1--Preliminary 159YF. Operation of sch 1A Subdivision 2--New local government areas 159YG. Establishment of new local government areas (sch 1A, pt 1) 159YH. Operation of sch 1A, pt 1 159YHA. Particular entities go out of existence Subdivision 3--Adjusted local government areas 159YI. Transfer of transferring areas 159YJ. Operation of sch 1A, pt 2 Subdivision 4--Continuing local government areas 159YK. Changes applying to continuing local government areas 159YL. Operation of sch 1A, pt 3 Subdivision 5--Regulations supporting divisions 2 to 4 159YM. Limit of division arrangements regulation 159YN. Regulation for declaring information about local governments Subdivision 6--Division boundaries for new, adjusted and continuing local government areas 159YO. Commissioner to decide division boundaries 159YP. Review of commissioner's decision Division 3--Implementation of reform matters 159YQ. Reform implementation regulations 159YQA. Other transitional regulation-making power Division 4--Local transition committees Subdivision 1--Local transition committees for new local government areas 159YR. Establishment and composition of local transition committees for new local governments 159YS. Guidelines for local transition committees 159YT. Responsibility to act in public interest 159YU. Functions of local transition committee 159YV. First meeting of local transition committee and public notification 159YW. Appointment of interim chief executive officer for new local government 159YX. Employment subcommittee Subdivision 2--Transferring area local transition committees 159YY. Establishment and composition of transferring area local transition committees 159YZ. Functions of transferring area local transition committee Division 5--Transition action plans 159Z. Transition action plans for new local government area 159ZA. Guidelines for transition action plans Division 6--Interim chief executive officers 159ZB. Functions of interim chief executive officer before changeover day 159ZC. Responsibility of chief executive officer to help interim chief executive officer 159ZD. Functions of interim chief executive officer from changeover day Division 7--Employment matters 159ZE. Definition for div 7 159ZF. Application of div 7 159ZG. Prohibition on retrenchment because of reform matter implementation 159ZH. Local government workforce transition code of practice 159ZI. When workforce transition code of practice takes effect Division 8--2008 quadrennial elections for all local government areas 159ZJ. Quadrennial elections in 2008 to be held on 15 March instead of 29 March 159ZK. Holding of 2008 quadrennial elections 159ZL. Conduct of 2008 quadrennial elections by electoral commission 159ZM. Changed application of s 220 for Northern Peninsula Area and Torres Strait Island regional councils 159ZN. Other changes to ch 5 for type 1, 2 and 3 elections 159ZO. Changed references to particular matters Division 9--State intervention powers 159ZP. Definition for div 9 159ZQ. Giving of directions under div 9 159ZR. Directions by chief executive 159ZS. Powers of Minister 159ZT. Compliance with direction Division 10--Special arrangements for transition period 159ZU. Definition for div 10 159ZV. Application of div 10 159ZW. Prohibition on major policy decision in transition period 159ZX. Invalidity of major policy decision in transition period if decision revoked Division 11--Miscellaneous 159ZZ. State Transition Committee 159ZZA. Expiry of pt 1B Part 1C--Particular provisions for implementation of reform matters for indigenous regional councils Division 1--Preliminary 159ZZB. Application of pt 1B definitions 159ZZC. Definitions for pt 1C Division 2--Torres Strait Island Regional Council 159ZZD. Particular entities go out of existence 159ZZE. TSIRC jurisdiction extends to Island custom 159ZZF. Changed application of ss 220 and 254 Division 3--Northern Peninsula Area Regional Council 159ZZG. Particular entities go out of existence 159ZZH. NPARC jurisdiction extends to Aboriginal tradition and Island custom Division 4--Indigenous regional councils generally Subdivision 1--Community forums 159ZZI. Function of community forum 159ZZJ. Establishing community forums 159ZZK. Mayor or mayoral candidate ineligible for community forum membership 159ZZL. Payment of expenses to ordinary members of community forum 159ZZM. Community forum convenor 159ZZN. Functions of community forum convenor 159ZZO. Meetings open to public Subdivision 2--Management of community deeds of grant in trust 159ZZP. Indigenous regional council as trustee of community deed of grant in trust 159ZZQ. Restrictions on exercise of indigenous regional council's powers as trustee under Land Act 159ZZR. Mayor does not vote at meetings of trustee 159ZZS. Community forum constituted as land panel 159ZZT. Convenor for land panel 159ZZU. Functions of convenor for land panel 159ZZV. Trustee decisions 159ZZW. Land panel participation in making of trustee decision 159ZZX. Special requirements for absolute majority and for agreement of councillor for relevant division 159ZZY. Seeking advice and views other than about trustee decision 159ZZZ. Meetings of trustee to be open to the public unless otherwise resolved 159ZZZA.Grouping of trust land not available Subdivision 3--Other matters 159ZZZB.Extended jurisdiction 159ZZZC.Additional reasons for appointment of financial controller 159ZZZD.Revocation or suspension of particular resolutions or orders 159ZZZE.Councillor to chair community forum 159ZZZG.Power of indigenous regional council to make and levy charge on residents 159ZZZH.Limited application of ch 14 159ZZZI.Disposal of land Part 2--Intervention by the State Division 1--Powers of intervention 160. Procedures before exercise of certain powers 161. Revocation and suspension of resolutions and orders 162. Effect of revocation or suspension 163. Overruling local laws and subordinate local laws etc. 164. Dissolution of local government 165. Exclusion of part of local government area from Act 166. Abolition of joint local government and its area Division 2--Inquiries, investigations and inspections 167. Inquiries, investigations and inspections by authorised persons 168. Reports on inquiries, investigations and inspections 169. Chief executive may request information from local government Division 3--Conduct of inquiries 170. Authorised person's duties on inquiry 171. Authorised person may decide procedures 172. Public may attend 173. Authorised person's powers on inquiry 174. Notice to witness 175. Duty of witness at inquiry 176. Contempt of authorised person 177. Change of authorised person Division 4--Administrators 178. When administrator must be appointed 179. Jurisdiction, powers and duties of administrator 180. Title of administrator 181. Committee to help administrator 182. Conditions of appointment as administrator or member of committee 183. Recovery of amounts from local governments 184. Role of committee 185. Decision by Minister on referral by administrator 186. Procedures of committee 187. Termination of administrator's appointment 188. Termination of appointment of committee member etc. Division 5--Financial controllers 188A. Procedures before appointment of financial controller 188B. Appointment of financial controller 188C. Functions of financial controller 188D. Power of financial controller to advise chief executive about resolution or order 188E. Countersigning cheques and authorising electronic funds transfers 188F. Local government to cooperate with financial controller 188G. Financial controller's employment conditions 188H. Recovery of amounts from local government Part 3--Local Government Grants Commission Division 1--Extended application of part 189. Application of part to Brisbane City Council Division 2--Commission membership 191. Local Government Grants Commission and its members 192. Appointments 193. Vacation of and removal from office 194. Acting members Division 3--Role of commission 195. Commission makes recommendations to Minister Division 4--Recommendations, allocation and distribution 196. Preparing recommendations 197. Commission's recommendations to Minister 198. Allocation of amount after recommendations 199. Recommendations to be tabled 200. Distribution of financial assistance amount Division 5--Inquiries by commission Subdivision 1--General 201. Commission may decide to hold inquiry 202. Notice of decision to hold inquiry Subdivision 2--Conduct of inquiries 203. Extended meaning of commission in subdivision 204. Commission's duties on inquiry 205. Commission may decide procedures 206. Public may attend 207. Commission's powers on inquiry 208. Notice to witness 209. Duty of witness at inquiry 210. Contempt of commission 211. Change of member Division 6--Commission proceedings 212. Time and place of meetings 213. Quorum at meetings 214. Presiding member 215. Voting at meetings 216. Way business to be conducted Division 7--Miscellaneous 217. Cooperation by departments etc. 218. Assistance to the commission CHAPTER 4--LOCAL GOVERNMENT COUNCILLORS Part 1--Membership of local governments Division 1--Extended application of part 219. Application of part to Brisbane City Council Division 2--Qualifications and disqualifications 220. General qualifications for membership 221. General disqualifications 222. Disqualification and vacation of office for certain offences 223. Review of lawfulness of membership of local government 224A. Councillor ceases to be councillor on becoming candidate for the Legislative Assembly 225. Councillor ceases to be councillor on becoming director of significant business entity 226. Termination of local government employment on becoming councillor Division 2A--Councillors holding paid State appointment 226A. Meaning of paid State appointment for div 2A 226B. Meaning of class A local government and class B local government for div 2A 226C. Effect on paid State appointment of person's election as councillor 226D. Councillor not to be appointed to paid State appointment Division 3--Term of office 227. Duration of membership 228. Resignation from office as a councillor Part 2--Councillors' roles Division 1--Councillors' roles generally 229. Councillors' role 230. Limitations on councillors' roles 231. Additional roles of mayor Division 2--Deputy mayor and acting mayor 232. Deputy mayor of local government 233. Office of deputy mayor may be declared vacant 234. Additional role of deputy mayor 235. Appointment of acting mayor 236. Role of acting mayor Part 3--Entitlements and obligations Division 1--Entitlements of councillors and committee members 236A. Remuneration for councillors of local governments 236B. Reimbursement of expenses and provision of facilities for councillors of local governments 237. Remuneration, reimbursement of expenses and provision of facilities for person serving on advisory committee 238. Superannuation benefits for councillors 238A. Councillors may make salary sacrifice arrangements 239. Insurance of councillors 240. Indemnity for councillors Division 2--Obligations of councillors 241. Application to Brisbane City Council 242. Requirements of councillors before acting in office 243. Acting as councillor without authority 243A. Compliance with code of conduct 244. Exclusion from meeting of councillor with material personal interest 245. Removal of disability 246. Penalty for contravening exclusion from meeting 246A. Recording of conflict of interest 247. Registers of interests 248. Access to registers 249. Queries on contents of register 250. Improper use of information by councillors Division 3--Local Government Remuneration Tribunal Subdivision 1--Establishment, functions and membership 250AA. Establishment of Local Government Remuneration Tribunal 250AB. Functions 250AC. Members of remuneration tribunal 250AD. Disqualification from membership 250AE. Remuneration and appointment conditions of members Subdivision 2--Staffing arrangements and meetings 250AF. Work performance arrangements 250AG. Conduct of meetings Subdivision 3--Categorising local governments 250AH. Establishing categories of local governments 250AI. Criteria for establishing categories 250AJ. Deciding and reviewing categories of local governments to which local governments belong Subdivision 4--Remuneration schedule 250AK. Deciding remuneration 250AL. Discretion to vary remuneration in exceptional circumstances Subdivision 5--Inquiries conducted by remuneration tribunal 250AM. Remuneration tribunal may make inquiries 250AN. Conduct of inquiries 250AO. Membership of remuneration tribunal changes during inquiry Subdivision 6--Reports 250AP. Remuneration tribunal reports 250AQ. Notification and tabling of report Division 4--Reimbursement of expenses and provision of facilities 250AR. Chief executive to approve proposed expenses reimbursement policy or amendments of the policy 250AS. Requirement to adopt expenses reimbursement policy or amendment 250AT. Notification of adoption of expenses reimbursement policy 250AU. Meetings in public about expenses reimbursement policy Part 3A--Code of conduct for councillors Division 1--Preliminary 250A. Application of part to Brisbane City Council 250B. Definitions for pt 3A 250C. Requirement to adopt code of conduct for councillors 250D. Model code of conduct for councillors 250E. Application and duration of code of conduct Division 2--Content of codes of conduct for councillors 250F. Statutory and additional obligations of councillors 250G. Ethics principles for local government councillors 250H. Code must state what a repeat breach is 250I. Information about making a complaint Division 3--Procedure for making code of conduct for councillors 250J. Notice of draft code of conduct for councillors 250K. Requirement to consider comments 250L. Code of conduct to be available for inspection and purchase Division 4--Enforcement of code of conduct for councillors Subdivision 1--Preliminary 250M. Categories of code of conduct breaches 250N. References in div 4 to code of conduct breaches Subdivision 2--Meeting breaches 250O. Making a complaint about a meeting breach 250P. When local government must deal with the complaint 250Q. How local government must deal with complaint Subdivision 3--Minor breaches 250R. Making a complaint about a minor breach 250S. How local government must deal with complaints officer's report Subdivision 4--Repeat breaches and statutory breaches 250T. Making a complaint about a statutory breach 250U. Referring complaints about statutory breaches to conduct review panel 250V. Review of complaints by conduct review panel 250W. Decision by local government about repeat breach or statutory breach Subdivision 5--Penalties 250X. Penalties local government may impose 250Y. Effect of suspension of councillor for s 252 Subdivision 6--Conduct review panel 250Z. Pool of members for conduct review panel 250ZA. Qualifications for appointment as member of conduct review panel 250ZB. Removal from pool of conduct review panel members 250ZC. Quorum for meetings of conduct review panel 250ZD. Chairperson of conduct review panel 250ZE. Meetings of conduct review panel 250ZF. Payment of fee to members of conduct review panel by local government 250ZG. Costs of conduct review panel to be met by local government 250ZH. Indemnity for panel members 250ZI. Indemnity for persons giving information to a conduct review panel Subdivision 7--Miscellaneous 250ZJ. Frivolous or vexatious complaint Part 4--Vacancies in membership of local governments 251. Application of part to Brisbane City Council 252. When councillor's office becomes vacant 253. Filling of earlier vacancies by by-election 254. Filling of later vacancies by appointment 255. Duty to seek political party's nominee for appointment to vacancy 256. Duty to seek other nominees for appointment to vacancy Part 5--Membership of joint local governments 257. Election of members 258. When members are to be elected 259. Delegate members 260. Filling of casual vacancies 261. Returning officer for elections 262. Appointment of representatives on default 263. President and deputy president 264. Presiding at meetings 265. Overriding duty of joint local government member CHAPTER 5--LOCAL GOVERNMENT ELECTIONS Part 1--General 266. Quadrennial elections 267. Types of elections 268. Elections to be held on a Saturday 269. Date of quadrennial elections 270. Date of by-elections 271. Local governments responsible for expenditure for conducting elections Part 2--Returning officers 272. Chief executive officer is returning officer 273. Appointment of returning officer in place of the chief executive officer 274. Returning officer's duty for by-election Part 3--Voters roll 275. Returning officer must compile voters roll 276. Qualification for enrolment on voters roll 277. Cut off day for voters roll 278. Use of electoral roll when practicable 279. Requirements of voters roll 280. Voters roll to be open to inspection and purchase 281. Electoral registrars to help returning officers Part 4--Voting 282. Compulsory voting 283. System of voting Part 5--Division of local government areas Division 1--Preliminary 284. Application of part to Brisbane City Council 284AA. Non-application of part to indigenous regional councils 284A. Definition for pt 5 Division 2--Quota requirements for divided local governments 285. Equitable division of local government areas 286. Quota to be complied with in division of local government area and assignment of councillors Division 3--Disclosure requirements and references 287. Disclosure of compliance or noncompliance with quota requirements 288. Matter of area's division referred to commissioner Part 6--Conduct of elections Division 1--Preliminary 289. Conduct of elections Division 2--Electoral officers 290. Returning officer 291. Assistant returning officers 292. Presiding officers 293. Issuing officers 294. Declaration by issuing officers 295. Returning officer may act through other officers 296. Assistant returning officer may act through certain authorised officers 297. Supply and use of voters rolls Division 3--Candidates for election or appointment 298. Qualification for nomination 299. Prohibition of dual candidature 300. Leave to local government employee to contest election Division 4--Nominations of candidates for election 301. Calling for nominations 302. Who may nominate 303. How and when nomination is given 304. Deposit to accompany nomination 305. Special grounds for deciding a person is not properly nominated 306. Certificate of returning officer 307. Display of nominations 308. Termination of candidature before noon on nomination day 309. Death of candidate 310. Procedure if number of candidates not more than number required 311. Procedure if number of candidates exceeds number required 312. Supply of voters roll 313. Procedure on death of candidate when poll to be conducted 314. Disposal of deposits generally 315. If successful candidate dies 316. Extension of times 316A. Special provision about refunding deposits Division 5--Ballots 317. Poll by ballot 318. Direction that poll be conducted by postal ballot Division 6--Polling booths 319. Polling booths—general 320. Provision of ordinary polling booths 321. Declaration of mobile polling booths 322. Duty of person in charge of institution 323. Privacy of voting Division 7--Ballot boxes, papers and other documents 324. Ballot boxes generally 325. Requirements of ballot papers 326. Separate ballot papers for separate polls 327. Order of listing of candidates' names 328. Distribution of ballot papers 329. Correction of errors etc. Division 8--Scrutineers 330. Candidates' entitlement to scrutineers 331. Appointment of scrutineers 332. Proof of identification 333. Powers of scrutineers Division 9--Voting generally 334. Who may vote 335. When votes may be cast at an ordinary polling booth or mobile polling booth 336. Procedure for voting at a polling booth 337. Duties of issuing officer for returned papers 338. Arrangements for electors with disability 339. Arrangements for electors at institutions 340. Arrangements for electoral visitor voting 341. Help for electors in voting 342. Adjournment of poll Division 10--Declaration voting 343. Who may cast a declaration vote 344. Who must cast a declaration vote in ordinary elections 345. Declaration voting for postal ballot elections 346. How declaration vote is cast 346A. Distribution of ballot papers to certain electors who may cast declaration vote 347. Distribution of ballot papers to other electors who may or must cast declaration vote 348. How declaration vote may be cast at a polling booth 349. Distribution of ballot papers to electors for postal ballot election 350. Record of ballot papers given to postal voters 351. Casting a declaration vote by post 352. Declaration voting before polling day 353. Distribution of declaration envelopes when separate ballot papers or polls on same day Division 11--Marking of ballot papers 354. Optional-preferential voting 355. First-past-the-post voting Division 12--Replacement ballot papers 356. Use of replacement ballot papers Division 13--Effect of ballot papers 357. Effect of ballot papers—optional-preferential voting 358. Effect of ballot papers—first-past-the-post voting 359. Posted vote presumed valid until contrary proved 360. Formal and informal ballot papers 361. Ballot paper partly formal and partly informal Division 14--Counting of votes 362. Votes to be counted in accordance with this division 363. Preliminary counting by presiding officer 363A. Preliminary processing of declaration votes by returning officer—postal ballot election 364. Preliminary processing of declaration votes by returning officer—other elections 365. Procedure for processing declaration envelopes 366. Official counting of votes 367. Treatment of ballot paper to which objection is made 368. Counting of votes for optional-preferential system 369. Counting of votes for first-past-the-post system 370. Returning officer's duty after counting votes Division 15--Actions following poll 371. Declaration of poll 372. Notice of final result of poll 373. Resolution about electors who fail to vote 374. List of electors failing to vote 375. Notice of failure to vote etc. 376. Payments for failure to vote 377. Recording response to notice 378. Evidentiary value of list under s 374 379. Disposal of material resulting from election 380. Ballot papers as evidence 381. Notice to electors whose ballot papers are not accepted 382. Notice to electoral commission of certain declaration votes Division 16--Enforcement Subdivision 1--Offences in general 383. False or misleading information 385. Bribery 386. Providing money for illegal payments 387. Improperly influencing electoral officers 388. Interfering with election right or duty 389. Forging or uttering electoral papers 390. Wilful neglect etc. of electoral officers 391. No record to be made of vote cast Subdivision 2--Offences about electoral advertising and information 392. Responsibility for election matter 392A. Distribution of how-to-vote cards 392B. Lodging of how-to-vote cards 393. Headline to electoral advertisements 394. Misleading voters Subdivision 3--Offences about voting 395. Failure to vote 396. Leave to vote 397. Canvassing in or near polling booths 398. Interrupting voting etc. 399. Influencing voting 400. Party badges not to be worn in polling booths 401. Voting if not entitled 402. Offences relating to ballot papers 403. Failure to deliver or post documents for someone else 404. Breach of confidentiality of vote 405. Breaking seals on parcels 406. Duty of witness to signing of declaration voting papers Subdivision 4--Injunctions 407. Injunctions to restrain contravention of chapter Part 7--Fresh elections 408. Requirements for fresh election 409. Time for fresh election 410. Returning officer for fresh election 411. Voters roll for fresh election 412. Other provisions of chapter apply 413. Extension of term of councillors Part 8--Disclosure of election gifts and loans and requirements for accounts Division 1--Preliminary 413A. Application of pt 8 to Brisbane City Council 414. Definitions for pt 8 415. Candidates 416. Things taken to be done by political party 417. Related corporations 417A. Adjustment of prescribed amount in relation to disclosure period Division 2--Disclosure periods Subdivision 1--Disclosure periods for candidates for elections 418. Purpose of subdivision 419. Disclosure period for candidates at previous elections 420. Disclosure period for candidates at previous fresh elections 421. Disclosure period for new candidates 422. Disclosure period for certain candidates who are appointed councillors Subdivision 2--Disclosure period for groups of candidates and third parties for elections 423. Purpose of subdivision 423A. Disclosure period for particular sections 424. Disclosure period for s 430 425. Disclosure period for s 430A Division 3--Disclosure of gifts and loans and requirements for accounts Subdivision 1--Preliminary 426. Definitions for div 3 Subdivision 1A--Disclosure by candidates for elections 427. Gifts to candidates 427A. Gifts to groups of candidates 428. Certain gifts not to be received 428A. Valuation of fundraising activity gifts 428B. Loans to candidates or groups of candidates 428C. Certain loans not to be received 429. Chief executive officer to give reminder notice to candidates Subdivision 2--Disclosure by third parties for elections 430. Gifts for third party expenditure for political purposes 430A. Third party expenditure for political purposes 431. No requirement to give return if no further gifts to disclose Subdivision 2A--Disclosure by donors 431A. Donations to candidates Subdivision 3--Amendment of returns 432. Amendment of returns Subdivision 4--Operation of accounts 432A. Requirement for candidate to operate dedicated account 432B. Requirement for group of candidates to operate dedicated account Division 4--Registers 433. Registers of electoral gifts 434. Access to registers 435. Queries on contents of register Division 4A--Recording of group's membership and group's agent 435A. Definitions for div 4A 435B. Offence to advertise or fundraise for group if nomination requirements not complied with 435C. Record of group membership requirement 435D. Group agent nomination requirement 435E. Register of group agents Division 5--Miscellaneous 436. Offences about returns 437. Records to be kept 438. Obtaining of information and completion of returns 439. Attempts to commit offences 440. Noncompliance with part does not affect election Division 6--Evidence 441. Evidentiary provisions Part 9--Miscellaneous election matters Division 1--Preliminary 441A. Application of pt 9 to Brisbane City Council Division 2--Code of conduct for candidates 441B. Code of conduct Division 3--Caretaker period arrangements 441C. Definitions for div 3 441D. Prohibition on major policy decision in caretaker period 441E. Invalidity of major policy decision in caretaker period without approval 441F. Prohibition on election material in caretaker period CHAPTER 6--GENERAL OPERATION OF LOCAL GOVERNMENTS Part 1--Proceedings of local governments Division 1--What meetings are held 442. Post-election meetings 443. Agenda of post-election meetings 444. Other meetings Division 2--Local government meetings 445. Place of meetings 446. Quorum at meetings 447. Procedure at meetings 448. Minutes must be kept 449. Adjournment of meetings 450. Notice of meetings 451. Repeal or amendment of resolutions Division 3--Committees and their meetings 452. Appointment of committees 453. Advisory committees 454. Delegate members of committees 455. Quorum 456. Chairperson of committee 457. Committee meetings 458. Reports 459. Minutes must be kept unless committee exempted Division 4--Meetings generally 460. Division applies to local governments and their committees 461. Minutes 461A. Recording of reasons for particular decisions 462. Meetings in public unless otherwise resolved 463. Closed meetings 464. Public notice of meetings Division 5--Records 466. Safe custody of records 467. Loss or destruction of records 468. Inspection of records by the public 469. Inspection of records by members 470. Duty to make records available Division 6--Miscellaneous 471. Correspondence with local government 472. Delegation by local government 473. Preservation of proceedings 473A. Community boards Part 2--Polls 474. Authority to conduct poll 475. Subject matter of polls 476. Poll must be on Saturday 477. Electoral provisions that apply to a poll 478. Cases for and against question in poll 479. Publication of poll result 480. Restrictions on conducting another poll on the same question Part 3--Contracts and related activities Division 1--Preliminary 481. Principles governing the making of contracts 481A. What are procurement activities of a local government 481B. What are designated disposal activities of a local government 483. Entering into a contract under delegation Division 2--Strategic contracting model Subdivision 1--Preliminary 483A. Purpose of div 2 Subdivision 2--Choice of strategic contracting model 483B. Power to choose strategic contracting model 483C. Effect of choice Subdivision 3--Requirements relating to procurement activities 483D. Annual procurement plans 483E. Amendment of procurement plan 483F. Inspection of procurement plan 483G. Significant procurement activity plans 483H. Procurement manual Subdivision 4--Requirements relating to designated disposal activities 483I. Annual asset disposal plan 483J. Requirements for asset disposal plan 483K. Amendment of asset disposal plan 483L. Inspection of asset disposal plan 483M. Plans for significant designated disposal activities 483N. Asset disposal manual Subdivision 5--Requirements for disposal of particular land 483O. Procedural contracting model generally applies for disposal of land Division 3--Procedural contracting model Subdivision 1--Preliminary 483P. Application of div 3 Subdivision 2--Purchasing 484. When tenders are required 485. When quotations are required 486. Exceptions to the requirement to seek tenders or quotations 487. Panel of suitable providers 488. Changes to tenders 489. Short listing after calling for expressions of interest 490. Acceptance of tender or quotation Subdivision 3--Disposal of land or particular non-current assets 491. When tenders or auctions are required 492. Exemptions Subdivision 4--Required manuals 492A. Required procurement and asset disposal manuals Part 4--Enterprises Division 1--Preliminary 493. Application to Brisbane City Council 493A. Non-application of part to indigenous regional councils 494. Matters relevant to good rule and government 495. Application of part Division 2--Enterprise powers 496. Engagement in or help to enterprises 497. Specific enterprise powers Division 3--Safeguards 498. Requirements for exercise of enterprise powers 499. Restrictions on exercise of enterprise powers 500. Establishing enterprise powers limits 501. Register of enterprises Part 5--General complaints process 501A. Application to Brisbane City Council 501B. Definitions for pt 5 501C. Meaning of administrative action 501D. Local government to establish general complaints process 501E. Requirements for general complaints process 501F. Refusal to investigate complaint Part 6--Miscellaneous 501G. Prohibition on loans to individuals CHAPTER 7--FINANCIAL OPERATION AND ACCOUNTABILITY OF LOCAL GOVERNMENTS Part 1--Local Government Finance Standards 502. Issue of standards 503. Standards must be complied with Part 2--Corporate and operational plans 504. Preparation and adoption of corporate plan 505. Period of corporate plan 506. Amendment of corporate plan 507. Requirements of corporate plans 508. Preparation and adoption of operational plan 509. Amendment of operational plan 510. Requirements of operational plan 511. Compliance with corporate and operational plans 512. Evaluation of activities 513. Copies of plans to be available for inspection and purchase Part 2A--Revenue policy 513A. Preparation and adoption of revenue policy 513B. Requirements and content of revenue policy 513C. Copies of revenue policy to be available for inspection and purchase Part 3--Funds and accounting procedures 514. Funds 515. Reserves 516. Trust fund 517. Compliance with sound accounting principles and procedures Part 4--Budget 518. Adoption of budget and revenue statement 519. Requirements of budgets 520. Content of operating fund budgets 520A. Requirements and content of revenue statement 521. Financial information to be presented to budget meeting 522. Spending of local government pending adoption of budget 523. Councillors' liability for disbursements 524. Budgets and revenue statements to be available for inspection and purchase Part 5--Borrowing and investment 525. Local governments are statutory bodies 526. Councillors' liability for unauthorised borrowings Part 6--Accounts 527. Accounting records to be kept 528. Statements of account to be presented to local government 529. Statements of accounts open to inspection Part 7--Audit 530. General reporting provisions Part 8--Annual report 531. Annual report to be prepared and adopted 532. Content of report about financial position of local government 533. Content of report about implementing corporate and operational plans 534. Content of report about other issues of public interest 535. Copies of report to be available for inspection and purchase Part 9--Duties about property stolen or unaccounted for 536. Report of missing property 537. Local Government to take part in prosecution Part 10--Joint local governments 538. Contribution by component local governments 539. Notice for contribution to joint local government 540. Results of failure to pay contribution 541. Adoption of a budget by joint local government for part of a year 542. Disbursement from operating fund of joint local government for purposes other than exclusive jurisdiction CHAPTER 8--NATIONAL COMPETITION REFORM OF SIGNIFICANT BUSINESS ACTIVITIES Part 1--Object and application 543. Object 544. Application to Brisbane City Council Part 2--Definitions 545. Definitions for ch 8 Part 3--Identification of new type 1 and 2 business activities 546. Minister to decide threshold amounts for identifying new type 1 or 2 business activities 547. Annual review of business activities 548. Notice to Minister of new type 1 or 2 business activities Part 4--Public benefit assessment of significant business activities Division 1--Subject matter of public benefit assessments 549. Matters to be addressed by public benefit assessment for type 1 or new type 1 business activity 550. Matters to be addressed by public benefit assessment for type 2 or new type 2 business activity 551. What is corporatisation 552. What is commercialisation 553. What is full cost pricing Division 2--Content of public benefit assessment report 554. Matters to be addressed in public benefit assessment reports Division 3--Local government to undertake assessments 555. Public benefit assessments to be undertaken 556. Fresh public benefit assessment if reforms not implemented within 3 years 557. Local government to resolve on assessment and report process 558. Timing for assessments and reports 559. Regulation about public benefit assessment and public benefit assessment reports Division 4--Action to be taken on public benefit assessment reports 560. Object of division 561. Local government to give public notice of public benefit assessment report 562. Public access to public benefit assessment reports 563. Local government to resolve whether to implement reforms 564. Timetable for implementation of reforms 565. Notice to Minister of resolution 566. Reforms not implemented, may later be implemented Part 5--Full cost pricing for significant business activities 567. Application of pt 5 568. Meaning of full cost pricing 569. Guarantees by State 570. Local government to implement full cost pricing for significant business activities Part 6--Commercialisation of significant business activities Division 1--Preliminary 571. Application of pt 6 Division 2--Background and objectives of part 572. Objectives of commercialisation 573. How objectives of commercialisation are to be achieved—key principles and their elements 574. Key objectives of commercial business units under commercialisation Division 3--Interpretation 575. Meaning of commercialisation 576. Meaning of key principles of commercialisation 577. Definitions for pt 6 Division 4--Establishment of commercial business unit 578. Local government to establish commercial business unit Division 5--Operations of commercial business unit 579. Additional requirements for corporate plan 580. Performance plan for commercial business units Division 6--Annual statement on operations of commercial business unit 581. Annual statement on operations of commercial business unit 582. Commonwealth and State tax equivalents 583. Guarantees by State Part 7--Local government owned corporations Division 1--Preliminary Subdivision 1--Application of part 584. Application of pt 7 Subdivision 2--Outline of part and its background and objectives 585. What this part provides 586. Objectives of corporatisation 587. How objectives of corporatisation are to be achieved—key principles and their elements 588. Key objectives of corporatised corporation under corporatisation Subdivision 3--Interpretation 589. Meaning of corporatisation 590. Meaning of key principles of corporatisation 591. Meaning of statement of corporate intent 592. Definitions for pt 7 593. References to doing of act by corporatised corporation 594. References to local governments etc. Subdivision 4--Corporatised corporation not a local government 595. Corporatised corporation not a local government Subdivision 5--Operation of part and application of laws 596. Extraterritorial operation 597. Application of existing laws Division 2--Mechanisms for creating LGOCs and subsidiaries Subdivision 1--Proposal for corporatisation 600. Local government proposes corporatisation 601. Nomination of candidate LGOC or LGOC's subsidiary Subdivision 2 Preparation of corporatisation charter--preliminary 602. Meaning of corporatisation charter 603. Candidate LGOC's business may become business of LGOC following corporatisation charter Subdivision 3 Preparation of corporatisation charter--establishment committee 604. Establishment committee to be appointed 605. Composition of establishment committee 606. Procedure for appointment of establishment committee 607. Draft corporatisation charter to be given to local government Subdivision 4 Preparation of corporatisation charter--requirements for charter 608. Matters to be included in draft corporatisation charter 609. Other matters relevant to draft corporatisation charter preparation Subdivision 5 Corporatisation charter--approvals 610. Approval of draft corporatisation charter 611. Approval of amendments of corporatisation charter 612. Corporatisation charter open to inspection 613. Deletion of commercially sensitive matters from corporatisation charter Subdivision 6 Corporatisation charter--expiry of charter transitional part 614. Expiry of charter transitional part Subdivision 7 Corporatisation facilitative mechanisms--significant business entities 615. Purpose of subdivision 616. Significant business entities 617. Transfer of assets, liabilities etc. to significant business entity Subdivision 8 Significant business entities--directors and employees 618. Composition of boards including councillors and local government employees 619. Remuneration and allowances to directors of significant business entities who are councillors or employees of a local government 620. Restrictions on councillors and employees being directors 621. Prohibition on councillors being employees Subdivision 9--Interim board 622. Interim board of directors for significant business entity 623. Application of certain provisions about directors and executives to significant business entities Subdivision 10 Corporatisation facilitative mechanisms--general 624. Assistance to significant business entities 625. Share capital and issue of shares 626. Variation of share capital 627. Division does not affect existing legal relationships 628. Local government may deal with other matters Subdivision 11--Acting chief executive officer of significant business entity on corporatisation 629. Appointment of acting chief executive officer for significant business entity on corporatisation Division 3--Local government owned corporations and subsidiaries Subdivision 1--Declaration of LGOCs and subsidiaries 630. Declaration of entity as LGOC 631. Requirements for LGOCs 632. Declaration of entity as subsidiary 633. Requirements for subsidiaries 634. Declaration does not affect legal personality etc. Subdivision 2--Application of Corporations Act 635. Corporations Act does not apply to corporatised corporations Subdivision 3--Shares of corporatised corporations 637. Local governments to be shareholders of LGOCs 638. LGOC to be shareholder of LGOC's subsidiary 639. If 2 or more local governments are shareholders, shares and entitlements apportioned by agreement 640. Variation of shares and share capital of corporatised corporation 641. Transfer, issue etc. of shares 642. Shareholders must act jointly Subdivision 4--Shareholders and councillors 643. Appointment of councillors as shareholder's delegates Subdivision 5--Board of directors 644. Corporatised corporation to have board of directors 645. Role of board 646. Delegation by board 647. Additional provisions about board—div 5 648. First board of LGOC 649. First board of LGOC subsidiary Subdivision 6--Chief executive officer 650. Corporatised corporations to have chief executive officer 651. Duties of chief executive officer 652. Things done by chief executive officer 653. Delegation by chief executive officer 654. Additional provisions about chief executive officer—div 6 Subdivision 7 Corporate plan--general 655. LGOC must have corporate plan 656. Corporate plan to apply to subsidiaries Subdivision 8--Preparation, agreement on and changes to corporate plan 657. Draft corporate plan 658. Duration of corporate plan 659. Special procedures in relation to draft corporate plan 660. Corporate plan on agreement 661. Corporate plan pending agreement 662. Changes to corporate plan 663. Corporate plan open to inspection 664. Deletion of commercially sensitive matters from corporate plan Subdivision 9 Statement of corporate intent--general 665. Corporatised corporations must have statements of corporate intent 666. LGOC's statement of corporate intent must be consistent with corporate plan 667. Subsidiary's statement of corporate intent to be consistent with LGOC's corporate plan and statement of corporate intent Subdivision 10--Matters to be included in statement of corporate intent 668. Matters to be included in statement of corporate intent 669. Deletion of commercially sensitive matters from statement of corporate intent Subdivision 11--Preparation, agreement on and modification of statement of corporate intent 670. Draft statement of corporate intent 671. Consultation with industrial organisations etc. 672. Special procedures in relation to draft statement of corporate intent 673. Statement of corporate intent on agreement 674. Statement of corporate intent pending agreement 675. Changes to statement of corporate intent 676. Statement of corporate intent open to inspection Subdivision 12--Community service obligations 677. Meaning of community service obligations 678. Community service obligations to be stated in statement of corporate intent Subdivision 13--General reserve powers of shareholder 679. Reserve power of shareholder to give directions to LGOC in public interest Subdivision 14--Suspected insolvency from directions 680. Notice of suspected insolvency because of direction Subdivision 15--Limitation on local government directions 681. Corporatised corporation and board not otherwise subject to local government direction Subdivision 16--Reports and other accountability matters 682. Application of Financial Accountability Act 2009 683. Quarterly reports 684. Annual reports 685. Annual report open to inspection 686. Omission of certain matters from annual report etc. 687. LGOC board to keep shareholder informed Subdivision 17--Duties and liabilities of directors and other officers 688. Disclosure of interests by directors 689. Voting by interested director 690. Duty and liability of certain officers of corporatised corporation 691. Prohibition on loans to directors 692. When corporatised corporation not to indemnify officers 693. Corporatised corporation not to pay premiums for certain liabilities of officers 694. Director's duty to prevent insolvent trading 695. Court may order compensation 696. Examination of persons concerned with corporatised corporations 697. Power to grant relief 698. False or misleading information or documents 699. Notice of suspected insolvency otherwise than because of direction Subdivision 18--Legal capacity and powers 700. Objects of subdivision 701. General powers of corporatised corporations 702. Restrictions on powers of corporatised corporations 703. Persons having dealings with corporatised corporations etc. 704. LGOC may direct subsidiary 705. Subsidiaries must comply with directions 706. Sections 704 and 705 not limiting Subdivision 19 Finance--taxation 707. State taxes 708. Commonwealth and State tax equivalents Subdivision 20 Finance--borrowings and guarantees 708A. Application of Statutory Bodies Financial Arrangements Act 1982 709. Guarantees by local government 710. Payment for cost of funds advantage of guarantees by local government Subdivision 21 Finance--dividends 711. Payment of dividends 712. Interim dividends 713. Dividend payment for financial year of becoming a corporatised corporation Subdivision 22--Acquisition and disposal of assets and subsidiaries 714. Reserve power of shareholder to direct that asset not be disposed of 715. Disposal of main undertakings 716. Acquiring of other subsidiaries prohibited Subdivision 23--Employees 717. Employees of corporatised corporations 718. Terms of employment 719. Arrangements relating to staff 720. Superannuation schemes 721. Superannuation for officers and employees of corporatised corporation who were previously officers of a local government 722. Preservation of leave and other entitlements of certain former employees of local government Subdivision 24--Other matters 723. Corporatised corporation's seal 724. Change of functions and name of corporatised corporation 725. Authentication of documents 726. Judicial notice of certain signatures 727. Crime and Misconduct Act 728. Application of Ombudsman Act 2001 Division 4--Miscellaneous 729. Monitoring and assessment of corporatised corporations 730. Giving of documents to board 731. Judicial notice of certain resolutions 732. When resolutions amending certain resolutions take effect 733. Local governments and certain officers not directors etc. Division 5--Additional provisions relating to board of corporatised corporations Subdivision 1--Composition of board 734. Composition of board 735. Chairperson and deputy chairperson Subdivision 2--Meetings and other business of board 736. Meaning of required minimum number of directors 737. Conduct of meetings and other business 738. Times and places of meetings 739. Presiding at meetings 740. Quorum and voting at meetings 741. Participations in meetings by telephone etc. 742. Resolutions without meetings 743. Minutes Subdivision 3--Provisions relating to directors 744. Appointment of directors 745. LGOC director not to be chief executive officer or other employee of LGOC's subsidiary 746. Procedure for appointment of directors 747. Terms of appointment not provided for under divs 1-4 748. Appointment of acting director 749. Resignation 750. Termination of appointment as director Division 6--Additional provisions relating to chief executive officers 751. Appointment of chief executive officer 752. Local government employees can not be chief executive officers of corporatised corporations 753. Director may be chief executive officer 754. Appointment of acting chief executive officer 755. Terms of appointment not provided for under divs 1-4 756. Resignation 757. Termination of appointment CHAPTER 9--CONDUCT OF COMPETITIVE BUSINESS ACTIVITIES Part 1--Object and application 758. Object of ch 9 759. Competitive neutrality principles 760. Application to Brisbane City Council Part 2--Definitions 761. Definitions for ch 9 762. Meaning of business activity Part 3--Code of competitive conduct 763. Code must be applied to roads business activities 763A. Code must be applied to building certification business activities 764. When code must be applied to other business activities Part 4--Annual review of business activities 765. Annual review of business activities 766. Local government to resolve whether to apply code of competitive conduct to business activities 767. Application of code of competitive conduct to other activities 768. Information to be included in annual report CHAPTER 10--REFORM OF CERTAIN WATER AND SEWERAGE SERVICES Part 1--Object and application 769. Object of ch 10 770. Application to Brisbane City Council Part 2--Interpretation 772. Definitions for ch 10 772A. Consumption as the basis for utility charges for water services Part 3--Assessment of cost effectiveness of two-part tariffs for water supply 773. Assessment of cost effectiveness of two-part tariffs to be carried out 774. Local government to decide on assessment and report process 775. Timing for assessments and reports 776. Fresh assessment within 3 years if recommendation on two-part tariffs not applied 777. Regulation about assessments and reports Part 4--Decision on two-part tariff reports 778. Object of pt 4 779. Public access to two-part tariff reports 780. Local government to resolve whether to apply two-part tariff 781. Timing for resolution 782. Notice to Minister of resolution Part 5--Implementation of certain charging arrangements and reporting procedures 783. Local governments to implement charging and operational arrangements for relevant business activities 783A. Implementing resolution under s 780 to apply two-part tariff 784. Start of work to apply two-part tariffs 785. Timetable for implementing arrangements 786. Strategies for applying s 783(b)-(e) CHAPTER 11--COMPLAINTS ABOUT COMPETITIVE NEUTRALITY Part 1--Preliminary 787. Object of ch 11 788. Application of ch 11 789. Application to Brisbane City Council 790. Definitions for ch 11 Part 2--Complaint process for local government business entities Division 1--Preliminary 791. Application of pt 2 792. Affected persons Division 2--Complaints about competitive neutrality 793. Local government to establish complaint process 794. Requirements for complaint process 795. Grounds for complaints 796. Effect of complaint on activities 797. Referee to act fairly 798. Matters to be considered by referee on complaint Division 3--Investigation of complaints 799. Requirement of referee to investigate 800. Investigation notice 801. Effect of giving an investigation notice 802. General procedures 803. Consideration of submissions 804. Handling of documents 805. Confidential information Division 4--Reports on complaints 806. Giving of reports 807. Contents of reports 808. Reports open to inspection 809. Local government decisions on recommendations Division 5--General provisions about complaints process 810. Disposal of documents held by referee 811. Protection from liability of referee or person assisting referee 812. Protection from liability of person giving information to referee 813. Secrecy 814. Draft reports Division 6--Provisions for Queensland Competition Authority as referee 815. Local government may resolve Queensland Competition Authority to be referee 816. Application of complaints process 817. Making a complaint 818. Further information to support complaint 819. Application of part and Queensland Competition Authority Act 1997 820. Local government decisions on recommendations Part 3--References to Queensland Competition Authority Division 1--Application of part 821. Application of pt 3 Division 2--Institution of reference 822. Reference of outcome of complaint to Queensland Competition Authority 823. Making a reference 824. Request for referee's documents 825. Further information to support reference 826. Matters to be considered by Queensland Competition Authority in considering reference 827. Procedures for dealing with references Division 3--Reports of Queensland Competition Authority about references 828. Giving of reports 829. Contents of reports 830. Reports open to inspection 831. Local government decisions about reports Part 4--Accreditation 832. Application of pt 4 833. Purpose of accreditation 834. Application for accreditation 835. Investigation notice 836. Matters to be considered by authority for investigation 837. Procedures for investigations 838. Decision on application 839. Conditions on grant of accreditation 840. Notice of decision 841. Publication of decision 842. Period of effect of accreditation 843. Surrender of accreditation 844. Cancellation of accreditation 845. Lists of accreditations Part 5--Miscellaneous 846. Register of accreditations, complaints etc. 847. Annual report to include summary of complaints and decisions by local government CHAPTER 12--LOCAL LAWS AND SUBORDINATE LOCAL LAWS Part 1--Preliminary Division 1--Object and application 848. Object 849. Application of chapter to Brisbane City Council Division 2--Local laws and related concepts 850. Meaning of local law 851. Meaning of model local law 852. Meaning of interim local law 853. Meaning of subordinate local law 854. Local laws and subordinate local laws about development 854A. No jurisdiction to make local laws and subordinate local laws about distributing how-to-vote cards 854AA. No jurisdiction to make local laws and subordinate local laws prohibiting placement of election signs or posters 854B. Local laws and subordinate local laws about airport landing charges Part 2--Making local laws and subordinate local laws Division 1--Making model local laws 855. Application of division 856. Model local law process 856A. Step 1—propose a law 857. Step 2—make a law 858. Step 3—give public notice of law Division 2--Making interim local laws 859. Interim local law process 860. Step 1—propose a law 861. Step 2—get Minister's agreement to use interim local law process 862. Step 3—make proposed law 863. Step 4—give public notice of law 863A. Making proposed interim local law under div 3 Division 3--Making other local laws 864. Application of division 865. Local law process 866. Step 1—propose a law 867. Step 2—ensure proposed law satisfactorily deals with any State interest 868. Step 3—consult with public about proposed law 869. Step 4—give public access to proposed law 870. Step 5—accept and consider all submissions 871. Step 6—decide whether to proceed with making proposed law 872. Step 7—again ensure proposed law satisfactorily deals with any State interest 873. Step 8—make proposed law 874. Step 9—give public notice of law Division 4--Making subordinate local laws 875. Application of division 876. Subordinate local law process 877. Step 1—propose a subordinate local law 878. Step 2—consult with public about proposed subordinate local law 879. Step 3—give public access to proposed subordinate local law 880. Step 4—accept and consider all submissions 881. Step 5—make proposed subordinate local law 882. Step 6—give public notice of subordinate local law 883. Early commencement under subordinate local law making process Division 5--Anti-competitive provisions of proposed local laws and proposed subordinate local laws 884. Application of division 885. Definitions for div 5 886. Local laws and subordinate local laws not to be made unless local government complies with division 887. Review of proposed local law or proposed subordinate local law to identify possible anti-competitive provisions 888. Public interest test of possible anti-competitive provisions 889. Local government to decide on test and report process 890. Public interest test report to be presented to local government meeting 891. Local government to resolve whether to implement recommendations of public interest test 892. Public interest test reports are open to inspection 893. Regulation about public interest tests and public interest test reports Division 6--Anti-competitive provisions of existing local laws and existing subordinate local laws 893A. Application of div 6 893B. Definitions for div 6 893C. Expiry of local laws and subordinate local laws unless local government complies with division 893D. Review of anti-competitive provisions in local laws and subordinate local laws 893E. Public interest test of anti-competitive provisions 893F. Local government to decide on test and report process 893G. Public interest test report to be presented to local government meeting 893H. Local government to resolve whether to implement recommendations of public interest test 893I. Public interest test reports open to inspection 893J. Repeal or amendment of anti-competitive provision 893K. Timing for resolution and implementation 893L. Regulation about public interest tests and public interest test reports Part 3--Public access to local laws and subordinate local laws 894. Local laws and subordinate local laws available for inspection and purchase 895. Subordinate local law register Part 4--Status of local laws, subordinate local laws and consolidated versions of local laws and subordinate local laws 896. Effect of local laws 896A. Effect of expiry of interim local law 897. Extent to which subordinate local law is binding 897A. When subordinate local laws cease to have effect 897B. Consolidated versions of local laws and subordinate local laws 898. Proof of local laws, subordinate local laws and consolidated versions of local laws and subordinate local laws 899. Local law and subordinate local law presumed to be within jurisdiction Part 5--Review and expiry of local laws and subordinate local laws 899A. Definitions for pt 5 899B. Expiry of local laws and subordinate local laws 899C. Reviews of local laws and subordinate local laws 899D. Repeal of redundant provision CHAPTER 13--LOCAL GOVERNMENT INFRASTRUCTURE Part 1--Extended application of chapter 900. Application of chapter to Brisbane City Council Part 2--Roads Division 1--Control of roads 901. Local governments' control of roads Division 2--Realignment and widening of roads 902. Realignment of roads 903. Effect of notice of realignment 904. Compensation for realignment of road 905. Claims for compensation 906. Appeals 907. Assessment of compensation 908. Award of compensation 909. Acquisition of land instead of compensation 910. Notice of realignment not effective in certain circumstances 911. Realignment not carried out 912. Compensation if realignment not carried out 913. Acquisition of land for use as footpath Division 3--Opening and closure of roads 914. Notice to local government of opening or closure of roads 915. Limited closure of roads by local government Division 4--Miscellaneous 916. Temporary roads 917. Fixing road levels 918. Compensation for change in road level 919. Ancillary works and encroachments on roads 919A. Assessment of impacts on roads from certain activities 920. Categorisation of roads 921. Roads map and register Part 2A--Public thoroughfare easements 921A. Public thoroughfare easements Part 3--Malls 922. Purpose of part 923. Closure of roads to traffic 924. Provision of works for mall 925. Establishment of mall 926. Closure of mall 927. Operation of mall 928. Control of vehicles and animals in malls 929. No entitlement to compensation for mall Part 4--Marine and aquatic matters 930. Ferry service in local government area 931. Ferry service on boundary of local government areas 932. Lease of ferries 933. Local laws about ferries 934. Harbours, jetties, breakwaters and ramps 934A. Canals 935. Management and regulation of bathing reserves 936. Control of foreshore Part 5--Local government control over levee banks Division 1--Jurisdiction of local governments 937. Limited exclusion of jurisdiction of local government Division 2--Control of levee banks 938. Regulation of levee banks etc. 939. Decision on application for permission 940. Issue of permit 941. Application for permission for existing levee banks Division 3--Appeals 942. Appeal against local government's decision 943. Decision on appeal 944. Duties of appeal tribunal 945. Appeal tribunal may decide procedures 946. Appeal tribunal's powers 947. Representation before appeal tribunal 948. Prosecution of appeal 949. Notice to witness 950. Duty of witness at appeal 951. Contempt of appeal tribunal 952. Change of person forming appeal tribunal 953. Costs of appeal 954. Recovery on orders of appeal tribunal Division 4--Effect of part 955. Effect of part on legal rights and remedies Part 6--Kuranda rail line Division 1--Preliminary 955A. Definitions for pt 6 Division 2--Tourist infrastructure levy 955B. Imposition of levy 955C. Payment of levy 955D. Unpaid levy interest 955E. Recovery of unpaid amounts Division 3--Miscellaneous provisions 955F. Obligation to give annual statements 955G. How levy is to be applied Division 4--Expiry of part 6 955H. Expiry Part 7--Stormwater drainage 956. Local government may require stormwater to discharge to its stormwater drainage 956A. Approval required to connect 956B. Sanitary drainage must not connect to stormwater drainage 956C. Owner may be directed to do certain work 956D. Prohibition on discharge of prohibited substances and trade waste into stormwater drainage 956E. Cost of repairing damaged stormwater drainage 956F. Interference with path of stormwater Part 8--Special entertainment precincts 956G. Establishment of special entertainment precinct CHAPTER 14--RATES AND CHARGES Part 1--General Division 1--Rateable land 957. What land is rateable Division 2--Averaging of valuations 958. Application to Brisbane City Council 959. Local government may decide to average land values for rating purposes 960. Averaging over 3 years 961. Averaging over 2 years 962. Information available to calculate averaging factor Part 2--Making and levying rates and charges 963. Power to make and levy rates and charges 964. Making of rates and charges 965. General rate or differential general rates must be made each year 966. Differential general rate 967. Minimum general rate levy 968. Minimum general rate levy on time shared property 969. Minimum general rate levy on mining tenements 970. Unimproved value of mining claims 971. Special rates and charges 971A. Adjustment of special rates and charges 971B. Refund of special rates and charges—special circumstances 972. Separate rates and charges 973. Utility charges 973AA. Utility charges for facilities under construction 973A. Validity of particular utility charges Part 3--Categorisation of land for differential rating Division 1--Categorisation of land 976. Land must be categorised for differential general rates 977. Establishing criteria and categories 978. Identification of categories for parcels of land 979. Specification of categories for parcels of land Division 2--Entry on land for categorisation 980. Meaning of authorised person for division 981. Purposes for which powers may be exercised 982. Power of entry Division 3--Notice of categorisation 983. Notice to owner of categorisation Division 4--Objections and appeals 984. Owner's objection to categorisation 985. Decision on owner's objection 986. Effect of decision on objections 987. Right of appeal against decision 988. Where and how to start appeal 989. Constitution and procedure of Land Court 990. Decision on appeal by Land Court 991. Levy and recovery of rate unaffected by objection or appeal Division 5--Late categorisation 992. Late categorisation 993. Time of effect of late categorisation Part 4--Land record of local government Division 1--Land record 994. Land record to be kept 995. Land record open to inspection 996. Amendment of land record Division 2--Appeal against amendment of land record 999. Right of appeal 1000. Where and how to start appeal 1001. Hearing procedures 1002. Powers of Magistrates Courts on appeal 1003. Appeal to District Court on question of law only Division 3--Notices of change in ownership 1004. Notice of sale of land 1005. Notice of surrender or forfeiture to State 1006. Notice of change in ownership 1006A. Notice of sale or change in ownership by new owner 1007. Result of failure to give notice of change in ownership Part 5--Levying and payment of rates Division 1--Levying of rates 1008. Levying rates 1009. Rate may be levied or adjusted after end of financial year Division 2--Payment of rates 1010. Person who is liable to pay rate 1011. Liability to pay rate if change of ownership 1012. Continuing responsibility for rates on land that ceases to be rateable land 1013. Where rates can be paid 1014. Time within which rates must be paid 1015. Payment by instalments Division 3--Overdue rates 1016. Meaning of overdue rate 1017. Recovery of overdue rates 1018. Overdue rates may bear interest Division 4--Discounts and other benefits for prompt payment of rates 1019. Discount for prompt payment 1020. Discount if payment of rates by instalments 1021. Discount if special circumstances prevent prompt payment 1022. Discount if other rates are overdue 1023. Other benefits for prompt payment Division 5--Changes to land that affect rates Subdivision 1--General 1024. Different period starts on day of change 1025. Basis on which a rate is levied 1026. Rate levied for a period in which a change takes effect Subdivision 2--Changes affecting rates 1027. Change in unimproved value of land 1028. Land becomes or ceases to be rateable land 1029. Land included in a new rating category 1030. Entitlement to occupy land is ended 1030A. Land becomes or ceases to be land on which a special rate or charge may be levied Part 6--Concessions Division 1--Concessions for individual land owners 1031. Remission, composition and settlement of rates 1032. Deferral of liability to pay rates 1033. Resort to remission, composition, settlement or deferral requires justification 1034. Remission for occupancy by pensioners 1035. Conditions on exercise of concession powers under div 1 Division 2--Concessions for classes of land owners 1035A. Local government may grant concessions to classes of land owners Division 3--Limitation on rate increases 1036. Limitation of increase in rate levied Part 7--Recovery of rates Division 1--Extended application of part 1037. Application of part to Brisbane City Council Division 2--Registering charges for, and recovery of, overdue rates 1037A. Registering charge over land 1038. Recovery by court action Division 3--Sale of land for overdue rates 1039. Application of division 1040. Power of sale 1041. Local government must first give notice 1042. Starting and ending of sale procedures 1043. Procedures for sale 1044. Reserve price at auction 1045. Sale by agreement after auction 1046. Unsold land acquired by local government 1047. Application of proceeds of sale 1048. Sale operates as a discharge 1049. Issue of title 1050. Acquisition by local government of title to land Division 4--Acquisition by local government of valueless land 1051. Purpose of this division 1051A. Resolution to remove valueless land from land record 1052. Local government must first give notice 1052A. Restoration of valueless land to land record 1053. Application to be registered as owner Division 5--Provisions about dealing with land under this part 1054. One instrument of title for conterminous land 1055. Sale of land and title valid despite irregularities 1056. Restrictions on local government dealing with land 1057. Priority of State debts preserved 1057A. Priority of State preserved—housing Act contracts 1058. Satisfaction of rates and charges on termination of tenure CHAPTER 15--PROVISIONS AIDING LOCAL GOVERNMENT Part 1--Extended application of chapter 1059. Application of chapter to Brisbane City Council Part 2--Powers under this chapter 1060. Powers of entry Part 3--Right to take materials 1061. Taking materials from land Part 4--Execution of local government Acts Division 1--Compliance with requirements of local government Acts 1062. Owner's right of entry to comply with notice or order 1063. Order on occupier who refuses entry 1064. Protection of owner against occupier's obstruction 1065. Discharge of obligations by occupier on failure of owner 1066. Performing work for owner or occupier 1067. Cost of work recoverable as a rate 1068. Cost of work a charge over land 1069. Limitation of time in absence of notice of work done Division 2--Entry on land 1070. Entry on land for local government purposes 1071. Compensation for loss or damage Division 2A--Regulatory fees 1071A. Power to fix regulatory fees 1071B. Regulation may prescribe circumstances in which regulatory fee can include tax 1071C. Requirements of local law or resolution fixing regulatory fee including tax component 1071D. Tax component of prescribed regulatory fees applies only to rateable land 1071E. Register of regulatory fees Division 3--General 1072. Obstructing execution of local government Act etc. 1076. Fines 1077. Indictable and summary offences 1077A. Designated election offences and application of Criminal Code 1078. Proceedings for indictable offences 1079. Limitation on who may summarily hear indictable offence proceedings 1080. Limitation on time for starting summary proceedings 1081. Attempt to commit offence Part 5--Enforcement of local government Acts Division 1--Interpretation 1082. Definitions for pt 5 1083. References to local government and authorised person Division 2--Authorised persons 1084. Appointment 1085. Limitation on authorised person's powers 1086. Authorised person's appointment conditions 1087. Authorised person's identity card 1088. Production of identity card 1089. Offences Division 3--Infringement notice offences 1090. Power to require name and address Division 4--Investigations about offences 1091. Entry to places 1092. Agreement to entry 1093. Evidence of agreement Division 5--Warrants 1094. Warrants for entry 1095. Warrants—applications made otherwise than in person Division 6--Monitoring authorisations and notices and processing applications 1096. Monitoring authorisations and processing applications 1097. Limitation on entry to residence Division 7--Approved inspection programs 1098. Approval of inspection program 1099. Notice of proposed inspection program 1100. Access to program 1101. Power of entry under approved inspection program Division 7A--Monitoring commission water restrictions 1101A. Power of entry for monitoring commission water restrictions Division 8--Powers on entry 1102. General powers after entering places Division 9--Other enforcement matters 1103. Authorised person to give notice of damage 1104. Compensation Division 11--Consideration of errors or omissions in registers of interests and election disclosure returns Subdivision 1--Preliminary 1105A. Definitions for div 11 Subdivision 2--Investigating officers 1105B. Appointment 1105C. Investigating officer's powers 1105D. Investigating officer's identity card 1105E. Production or display of identity card 1105F. When investigating officer ceases to hold office 1105G. Resignation 1105H. Return of identity card 1105I. Impersonation of an investigating officer Subdivision 3--Investigations 1105J. Making of inquiries for local government 1105K. Making of inquiries for department 1105L. Power to require information or document for local government investigation 1105M. Power to require information or document for department investigation 1105N. Referral to department 1105O. Access to information in register Subdivision 4--Chief executive officer's authority under division 11 1105P. Chief executive officer not subject to local government Part 6--Legal processes involving local governments 1106. Authentication of documents made by local governments 1107. Service of documents on local governments 1108. Substituted service 1109. Exemption from stating law in the case of substituted service 1110. Service on time share owners 1111. Acting for local government in legal proceedings 1112. Judges and other office holders not disqualified from adjudicating Part 7--Evidentiary matters 1113. Constitution and limits of local government need not be proved 1114. Proof of voters roll 1115. Proof of proceedings of local government 1116. Evidentiary value of land record 1117. Evidentiary value of copies and certificates 1118. Proof of matters about roads 1119. Proof of directions given to local government 1120. Proof of orders for costs 1121. Proof of complainant's knowledge of matter Part 8--General administrative matters 1122. Ownership of things in local government's control 1123. Insurance against liability 1124. Notice of time share scheme to local government 1125. Changes affecting time share schemes 1126. Land registry searches free of charge CHAPTER 16--LOCAL GOVERNMENT STAFF Part 1--Corporate structure and staff resources 1127. Corporate structure 1128. Resources for staff Part 2--Employment of staff and personnel practices 1129. Employment of staff 1130. Personnel practices Part 3--Chief executive officer and other employees 1131. Role of chief executive officer 1132. Delegation by chief executive officer 1133. Selection of chief executive officer 1134. Acting chief executive officer 1135. Requests to employees for help or advice 1136. Role of other local government employees 1137. Concurrent employment of local government employees Part 4--Obligations of local government employees 1138. Integrity of local government employees 1139. Registers of interests 1140. Access to register of interests 1141. Queries on content of register 1142. Disclosure of employee's interest in particular issues 1143. Improper conduct by local government employees 1144. Indemnity for local government employees Part 5--Disciplinary action 1145. Limitations on who may take disciplinary action 1146. When disciplinary action may be taken 1147. Types of disciplinary action 1148. Deductions from salary or wages 1149. Suspension of employees 1150. Employee to be given notice of grounds for disciplinary action Part 6--Appeals about disciplinary action 1151. Appeal against disciplinary action 1152. Formation of appeal tribunal 1153. Secretary of appeal tribunals 1154. Expenses of tribunal 1155. Grounds of appeal 1156. Decisions open to appeal tribunal 1157. Duties of appeal tribunal 1158. How to start an appeal 1159. Appeal tribunal may decide procedures 1160. Preliminary hearing of appeals 1161. Appeal tribunal's powers 1162. Prosecution of appeal 1163. Notice to witness 1164. Duty of witness at appeal 1165. Leave for attending an appeal 1166. Contempt of appeal tribunal 1167. Change of person forming appeal tribunal 1168. Costs of appeal 1169. Recovery on orders of appeal tribunal CHAPTER 17--SUPERANNUATION Part 1--Interpretation 1170. Definitions 1171. Meaning of permanent employee Part 2--Queensland Local Government Superannuation Board Division 1--Establishment, functions and powers of board 1172. Establishment of board 1173. Legal status of board 1174. Board's functions 1175. Board's powers Division 2--Board of directors 1176. Board of directors 1177. Role of the board of directors 1178. Composition of board of directors Division 3--General 1179. Delegation of board's powers Part 3--Local Government Superannuation Scheme Division 1--Continuation and membership of scheme 1180. Scheme continued 1181. Membership of LG Super scheme Division 2--Contributions for permanent employees 1182. Local governments' liability for permanent employees 1183. Permanent employees' liability for contributions 1184. Additional contributions to LG Super scheme 1185. Contributions may be deducted from employees' salaries 1186. Adjustment of contributions because of change in salary Division 3--Contributions for non-contributory members 1187. Local governments' liability for non-contributory members Division 4--General 1188. Interest payable on outstanding contributions Part 4--Miscellaneous 1189. Prohibition on local governments establishing certain superannuation schemes 1190. Management of other superannuation schemes 1191. Relevant persons superannuation schemes 1192. Auditor-general's role 1193. Application of chapter to board's employees 1193AA. Provision for local government employees transferred to new water entities CHAPTER 18--GENERAL Part 1--Local Government Association 1194. Establishment of corporation 1195. Rules 1196. Litigation of common interest 1197. When payments by local governments are payable 1198. Accounts 1199. Annual balance and audit Part 2--Miscellaneous 1200. Delegation by Minister 1201. Delegation by chief executive of department 1202. Approval of forms 1203. Regulation-making power 1204. Declaration of existing electoral wards of City of Brisbane 1205. Application of Judicial Review Act 1205A. Application of certain provisions CHAPTER 19--TRANSITIONAL, VALIDATION AND SAVINGS PROVISIONS, REPEALS AND AMENDMENTS Part 1--Transitional, validation and savings provisions Division 1--Preliminary 1206. Definitions 1207. References to commencement day 1208. References to local authority etc. Division 2--Financial operation and accountability 1209. Administration of sinking fund for liquidation of current borrowings 1210. Trustees are statutory bodies Part 4--Validation provision for Local Government and Other Legislation Amendment Act 1999 1242. Validation for particular rates Part 5--Validation provision for Local Government and Other Legislation Amendment Act 2000 1243. Application to Brisbane City Council 1244. Validation for particular utility charges Part 6--Transitional provisions for Local Government and Other Legislation Amendment Act 2001 Division 1--Preliminary 1245. Interpretation for pt 6 Division 2--Transitional provisions for Townsville-Thuringowa Water Supply Joint Board 1246. Former board 1247. Assets 1248. Exemption from State tax 1249. Rights and liabilities 1250. Existing entitlement to take water 1251. Existing contracts 1252. Contracts and tendering—application of ch 6, pt 3 1253. Guarantees, undertakings and securities 1254. Proceedings 1255. Discontinuance or lessening of supply of water 1256. Former board's manager 1257. Employees 1258. Superannuation options for continuing employees 1259. Transfer of property 1260. Corporate and operational plans 1261. Corporate and operational plans 1262. Annual report 1263. Remuneration of members 1264. Appointment of chairperson 1265. Appointment of other members 1266. References to former board Division 3--Repeal 1268. Repeal Part 7--Transitional provision for State Housing and Other Acts Amendment Act 2002 1269. Application to Brisbane City Council 1270. Sale of land for overdue rates Part 8--Transitional provision for Local Government Legislation Amendment Act 2003 1271. Continuation of general charges and former register of general charges Part 9--Validation provision for Local Government and Other Legislation Amendment Act 2003 1272. Validation for particular resolutions limiting increase in rate levied Part 10--Transitional provision for Integrated Planning and Other Legislation Amendment Act 2003 1272A. Continuation of former fees fixed by local laws or resolutions Part 11--Transitional provision for Housing and Other Acts Amendment Act 2005 1273. Validation of levying of rates for certain lands Part 12--Transitional provisions for Local Government Reform Act 2007 1274. Review of anti-competitive provisions of local laws and subordinate local laws made in 2007 1275. Public office for new local government Part 13--Transitional provision for Local Government Amendment Act 2007 1276. No prosecution for offence under repealed s 159ZY Part 14--Transitional provisions for Local Government and Other Legislation (Indigenous Regional Councils) Amendment Act 2007 Division 1--Preliminary 1277. Application of ch 3, pt 1B definitions 1278. Definitions for pt 14 Division 2--Torres Strait Island Regional Council 1279. Amounts loaned to individuals 1280. Delayed application of ch 7 to TSIRC 1281. TSIRC becomes trustee for deeds of grant in trust for particular Island council areas 1282. Local laws and subordinate local laws for local government area of TSIRC 1283. Continued application of rates and other charges Division 3--Northern Peninsula Area Regional Council 1284. Amounts loaned to individuals 1285. Delayed application of ch 7 to NPARC 1286. NPARC becomes trustee for deeds of grant in trust for particular Island council and community government areas 1287. Local laws and subordinate local laws for local government area of NPARC 1288. Continued application of rates and other charges under repealed Torres Strait Act 1289. Continued application of charges under Community Government Areas Act Division 4--Indigenous regional councils generally 1290. Delayed application of ch 6, pts 3 and 5 Division 5--Remuneration schedule 1291. Remuneration for 2008 Division 6--Miscellaneous 1292. Transitional provision for repeal of ch 2A 1293. Special provisions for liquor licences and permits Part 15--Transitional provisions for Local Government and Industrial Relations Amendment Act 2008 1294. Effect of change of legal status on existing local governments and joint local governments 1295. Contractual rights etc. are unaffected 1296. Chief executive to make transitional expenses reimbursement policy 1297. New local government may defer review of business activities and public benefit assessments 1298. Constitution of new local government from changeover day to conclusion of 2008 quadrennial election SCHEDULE 1 ETHICS PRINCIPLES FOR LOCAL GOVERNMENT COUNCILLORS 1. Integrity of local government 2. Primacy of the public interest 3. Independence of action by councillors 4. Appropriate use of information by councillors 5. Transparency and scrutiny 6. Appropriate use of entitlements SCHEDULE 1A LOCAL GOVERNMENT REFORM IMPLEMENTATION SCHEDULE 1B COMPOSITION OF NEW LOCAL TRANSITION COMMITTEES FOR PARTICULAR NEW LOCAL GOVERNMENTS SCHEDULE 1C COMPOSITION OF TRANSFERRING AREA LOCAL TRANSITION COMMITTEES SCHEDULE 2 DICTIONARY Endnotes - LONG TITLE An Act to provide for local government, and for related purposes 1 Short title This Act may be cited as the Local Government Act 1993. 2 Objects of this Act The objects of this Act include-- (a) providing a legal framework for an effective, efficient and accountable system of local government; and (b) recognising a jurisdiction of local government sufficient to allow a local government to take autonomous responsibility for the good rule and government of its area with a minimum of intervention by the State; and (c) providing for community participation in the local government system; and (d) defining the role of participants in the local government system; and (e) establishing an independent process for ongoing review of certain important local government issues. 3 Definitions The dictionary in schedule 2 defines particular words used in this Act. 4 Meaning of owner of land (1) An owner of land is-- (a) a registered proprietor of freehold land; or (b) a purchaser of land to be held as freehold land that is being purchased from the State under an Act; or (ba) a purchaser of land under a housing Act contract; or (bb) a person who has a share in land that the person bought under a housing Act contract; or (c) a lessee of land held from the State, and a manager, overseer or superintendent of the lessee who lives on the land; or (d) a holder of-- (i) a mining claim or lease; or (ii) land mentioned in the Mineral Resources Act 1989, schedule, definition owner; or (e) a lessee under any of the following Acts-- (f) a lessee of land held from a government entity or local government; or (g) the holder of-- (i) an occupation permit under an Act, a stock grazing permit under an Act or a permit prescribed by regulation; or (ii) a permit to occupy under the Land Act 1994; or (iii) a permission to occupy from the chief executive of the department responsible for the administration of the Forestry Act 1959; or (h) a licensee under the Land Act 1994; or (i) for land on which there is a structure subject to a time share scheme--the person notified to the local government concerned as the person responsible for the administration of the scheme as between participants in the scheme; or (j) another person who-- (i) is entitled to receive the rent for the land; or (ii) would be entitled to receive the rent for the land if it were leased at a rack-rent. (2) However, an owner does not include the State or a government entity except so far as it is liable under an Act to pay a rate. 5 Meaning of conclusion of local government election (1) The conclusion of the election of a councillor, other than a councillor of the Brisbane City Council, is-- (a) if the councillor is elected at an election of all councillors of the local government--the day on which the last declaration of a poll conducted in the election is displayed in the local government's public office as required by this Act; or (b) if the councillor is elected at a by-election and-- (i) a poll is conducted--the day on which the declaration of the poll is displayed in the local government's public office as required by this Act; or (ii) a poll is not conducted--the day after the nomination day for the by-election; or (c) if, because the number of candidates nominated for election is the same or less than the number of councillors to be elected, the councillor is elected (other than at a by-election) and-- (i) 1 or more polls are conducted in the local government area--the day on which the last declaration of a poll conducted in the local government area is displayed in the local government's public office as required by this Act; or (ii) no poll is conducted in the local government area-- 6p.m. on the day that a poll would otherwise have been required under this Act to be conducted. (2) The conclusion of the election of a councillor of the Brisbane City Council is-- (a) for a quadrennial election--when the names of all candidates elected are published in the gazette; or (b) for a by-election whether or not a poll is conducted--when the name of the candidate elected is published in the gazette. 6 Meaning of material personal interest (1) A person has a material personal interest in an issue if the person has, or should reasonably have, a realistic expectation that, whether directly or indirectly, the person or an associate stands to gain a benefit or suffer a loss, including a benefit or loss as a director of a significant business entity under chapter 8, part 7 that is, or is to become, an LGOC, depending on the issue's outcome. (2) An associate is any of the following persons-- (a) a spouse or other member of the person's household; (b) an entity (other than a government entity) of which the person or the person's nominee is a member; (c) a partner of the person; (d) an employer (other than a government entity) of the person; (e) a person prescribed by regulation. (3) However, a person does not have a material personal interest in an issue-- (a) if the issue is about-- (i) the remuneration of councillors or members of a local government committee or directors of significant business entities that are, or are to become, LGOCs; or (ii) salary, wages or other remuneration of local government employees; or (iii) the terms on which goods, services or facilities are to be offered by the local government for use or enjoyment of the public in its area; or (iv) the making or levying of a rate, or the fixing of a regulatory fee, by the local government; or (v) a planning scheme of general application in the local government's area; or (vi) provision of superannuation entitlements or accident insurance for councillors or employees of the local government; or (b) if the interest is merely-- (i) as an elector, ratepayer or resident of the local government's area; or (ii) as a user of goods, services or facilities supplied, or to be supplied, by the local government (whether under a contract or otherwise) as a member of the public in common with other members of the public; or (iii) as a member of a non-profit, charitable or religious organisation involving no personal gain or loss to the person; or (iv) as a member of another entity in which the member does not have personal financial interest; or (c) merely because the person-- (i) is an employee of the State or a government entity; or (ii) is a candidate for election or appointment as mayor or deputy mayor of the local government or chairperson, deputy chairperson, member or delegate member of any of its committees or a director of a significant business entity that is, or is to become, an LGOC or the shareholder's delegate for an LGOC; or (iii) may become entitled to benefits under a policy of accident insurance, public liability or professional indemnity insurance held, or to be held, by the local government. (4) This section does not apply to section 689. 7 Meaning of open to inspection (1) If a document is open to inspection-- (a) if a document is open to inspection under chapter 8, 9, 10 or 11- -it must be held in the local government's public office; and (b) if it is a document of a local government--it must be held in the local government's public office; and (c) if it is a document relating to an electoral and boundaries review commission's examination or determination of a reviewable local government matter-- (i) it must be held in the electoral commission's office at Brisbane and the public office of each local government concerned (the prescribed offices); and (ii) it may also be held at another office under arrangements made by the commission; and (d) if it is a document of another entity--it must be held in an office of the entity that is open to the public. (2) If a person is authorised under this Act to inspect the document, the person may, free of charge and at any time when the office in which the document is held is open for business-- (a) inspect the document; and (b) make copies of, or take extracts from, the document. (3) The following persons are authorised to inspect the document-- (a) if this Act specifies a description of person who may inspect the document--the person and the person's agents; (b) in another case--all persons. (4) The person (the custodian) who has the custody of the document is not required to supply any facility or service to a person in making a copy of, or taking an extract from, the document. (5) However, if the custodian supplies a facility or service to a person in making a copy or extract, the custodian may charge a reasonable fee for the facility or service. 8 Documents open to inspection not to contain information about protected persons (1) This section applies to a document that-- (a) is, under this Act, open to inspection; and (b) is, or is based on, a document given to the local government by the chief executive (valuations); and (c) would, apart from this section, include the name and postal address of a protected person. (2) If the chief executive (valuations) gives notice to the local government under the Valuation of Land Act 1944, section 73A, about a protected person, the local government must not include the name and postal address of the protected person in the document when the document is open to inspection. (3) In this section-- chief executive (valuations) means the chief executive of the department in which the Valuation of Land Act 1944 is administered. protected person means a person for whose benefit the chief executive (valuations) has made a direction under the Valuation of Land Act 1944, section 75B(2), that continues to have effect. 9 Act applies only so far as expressly provided (1) This Act applies to the Brisbane City Council only so far as is expressly provided by this or another Act. (2) The provisions of this Act that apply to Brisbane City Council include the following-- • chapter 2, part 1, divisions 2 and 3 and parts 2 and 3 • chapter 3, parts 1 and 3 • chapter 4, part 1, part 3, division 2 and parts 3A and 4 • chapter 5, part 5 • sections 298 to 300, 302 and 314 • chapter 5, parts 8 and 9 • chapter 6, parts 4 and 5 • chapters 8 to 13 • chapter 14, part 1, division 2 and part 7 • chapter 15, other than sections 1114 and 1115 • section 1205 • chapter 19, part 1, division 4, part 5, part 7 and part 8, section 1271(3) and (4). (3) If the Brisbane City Council is or is to become a component local government in a joint local government, this Act applies to the Brisbane City Council as a component local government as if it were a local government established under this Act. 10 How local government Acts apply to Brisbane City Council If a provision of a local government Act (other than the City of Brisbane Act 1924) applies to the Brisbane City Council-- (a) a reference in the provision-- (i) to a local government area includes a reference to the City of Brisbane; and (ii) to a local government includes a reference to the Brisbane City Council; and (iii) to a division of a local government area includes a reference to a ward of the City of Brisbane; and (iv) to the chief executive officer of a local government includes a reference to the town clerk of the Brisbane City Council; and (v) to the operating fund of a local government includes a reference to the City Fund; and (vi) to a local government Act includes the City of Brisbane Act 1924; and (vii) to a local government's public office includes a reference to the premises kept by the Brisbane City Council as its public office and a place the council has, by resolution or under a local law, declared to be its public office for a stated matter; and (viii) to a quadrennial election includes a quadrennial election under the City of Brisbane Act 1924; and (ix) to an election includes a reference to an election under the City of Brisbane Act 1924; and (x) to a councillor includes the mayor and councillors of the Brisbane City Council; and (xi) to a by-election includes a reference to a separate election to fill a vacancy in the office of mayor or other councillor of the Brisbane City Council; and (xii) to a local government's annual report includes a reference to an annual report of the Brisbane City Council; and (xiii) to a utility charge includes a reference to a utility charge under the City of Brisbane Act 1924; and (xiv) to a local government's land record includes a reference to a record of rateable land kept by the Brisbane City Council; and (b) the provision applies with all necessary changes and any changes prescribed by regulation. 11 Act applies except so far as application displaced (1) This Act applies to a joint local government except so far as its application is displaced by a contrary intention. (2) The provisions of this Act that apply only to a joint local government include the following-- • chapter 2, part 2 • section 166 • chapter 4, part 5 • chapter 7, part 10 • section 1137(3). (3) Other provisions that affect the application of this Act to a joint local government include the following-- • section 62, definition local government • section 64(7) to (9). 12 How Act applies to joint local governments (1) A reference in this Act-- (a) to a local government area includes a reference to a joint local government area; and (b) to a local government includes a reference to a joint local government; and (c) to the mayor of a local government includes a reference to the president of a joint local government; and (d) to the deputy mayor of a local government includes a reference to the deputy president of a joint local government; and (e) to a councillor of a local government includes a reference to a member of a joint local government; and (f) to the chief executive officer of a local government includes a reference to the chief executive officer of a joint local government. (2) This Act applies to a joint local government with all necessary changes and any changes prescribed by regulation. 15 Areas The local government area is the fundamental geographical basis of Queensland's local government system. 16 Declaration of local government areas (1) A regulation may declare a part of the State to be a local government area. (2) The regulations may not declare more than 1 local government area for a part of the State. 17 Local government required for each local government area There must be a local government for each local government area. 18 Declaration of classes of local government areas (1) A regulation may declare the class of a local government area. (2) The class of a local government area may be 1 of the following-- • region • city • town • shire • another class prescribed under a regulation. (3) A local government area may be declared to be a region, city or town, or another class prescribed under a regulation, only if it satisfies the criteria prescribed by regulation. (4) A provision of this Act that makes a reference generally to the 4 classes of region, city, town or shire is taken also to include a similar reference to any other class prescribed under a regulation under subsection (2). 19 Application to Brisbane City Council This division applies to the Brisbane City Council. 20 Roles of local government In exercising its jurisdiction of local government, a local government has-- (a) a law-making role for local laws; and (b) an executive role for-- (i) adoption and implementation of policy; and (ii) administration of local government; and (iii) enforcement of its local laws. 21 Application to Brisbane City Council This division applies to the Brisbane City Council. 22 Exercise of jurisdiction for its local government area--the basic territorial unit (1) A local government may exercise the jurisdiction of local government for all parts of its local government area. (2) Its local government area is its basic territorial unit. 23 Exercise of jurisdiction outside its local government area--the additional territorial units A local government also may exercise the jurisdiction of local government for any place (an additional territorial unit) outside its basic territorial unit that is put under its control or acquired by it. 24 Territorial unit of local government The territorial unit of a local government consists of its basic territorial unit and any additional territorial units. 25 Jurisdiction of local government Each local government has jurisdiction (the jurisdiction of local government) to make local laws for, and otherwise ensure, the good rule and government of, its territorial unit. 26 Law-making matters included in jurisdiction of local government (1) A local government's jurisdiction of local government includes jurisdiction to make local laws with respect to any matter-- (a) required or permitted to be prescribed under this or another Act; or (b) necessary or convenient to be prescribed or exercised for carrying out or giving effect to its local laws. (2) To avoid any doubt, a local law may be made-- (a) making it an offence to contravene a local law; and (b) fixing a penalty for an offence against a local law (including different penalties for successive offences against a local law) of not more than 850 penalty units. 27 Limitation on exercise of jurisdiction for basic territorial unit A local government may not exercise the jurisdiction of local government for a part of its basic territorial unit to the extent to which another local government may exercise the jurisdiction of local government for the part. 28 Limitation on exercise of jurisdiction for additional territorial units A local government may exercise the jurisdiction of local government for an additional territorial unit only for the purpose for which the place was put under its control or acquired by it. 29 Local laws and policies apply to additional territorial units only if expressly applied A local government's local law or subordinate local law applies to an additional territorial unit of the local government only if the local law or subordinate local law expressly states that it applies to the additional territorial unit. 30 General limitations on exercise of jurisdiction (1) A local government has no jurisdiction to make a local law-- (a) that the Parliament could not validly make; or (b) purporting to exclude or limit the future repeal or amendment of the law. (2) A local government also has no jurisdiction to do anything else that the State can not do. 31 Inconsistency with State law If a State law and a local law (whether made before or after the State law) are inconsistent, the State law prevails over the local law to the extent of the inconsistency. 32 Number of councillors (1) The number of councillors for a local government is the number prescribed for the local government under a regulation. Note-- This is a reviewable local government matter and requires a report and recommendation by the commissioner before implementation. (2) However if no number is prescribed under a regulation, the number is 5. 33 Local government name A local government may be called either-- (a) 'Council of the ... (insert Region/City/Town/Shire) of ... (insert name of local government area)'; or (b) '... (insert name of local government area) ... (insert Regional/ City/Town/Shire) Council'. 34 Constitution (1) A local government is constituted by the councillors for the time being of the local government. (2) However, subject to section 178(3), if at any time there are no councillors of a local government, the local government is constituted by the local government's chief executive officer. Note-- If dissolved, a local government is constituted by an administrator appointed under section 178. (3) A local government is not a corporation. 35 Proceedings (1) A proceeding by a local government must be started in the name of the local government. (2) A proceeding against a local government must be started against the local government in its name. 36 General powers (1) A local government has, in the exercise of its jurisdiction, all the powers of an individual. (2) A local government may, for example-- (a) enter into contracts; and (b) acquire, hold, deal with and dispose of property; and (c) charge for services and facilities it supplies, other than a service or facility for which a regulatory fee may be fixed; and (d) do other things necessary or convenient to be done in the exercise of its jurisdiction. (3) A local government also has the powers given to it under this or another Act. (4) A local government may exercise its powers inside and outside its territorial unit. (5) A local government may exercise its powers outside the State and outside Australia. (6) A local government may exercise its powers in its own name. 37 Site of public office (1) A local government must keep premises for use as its public office. (2) The public office must be in the local government's area or within a reasonable distance outside its area. 38 Execution of documents by local governments (1) A local government may execute a document in any of the following ways-- (a) if the local government is constituted by its councillors-- (i) by the mayor of the local government signing the document on behalf of the local government; or (ii) by an authorised councillor of the local government signing the document on behalf of the local government; (b) if the local government is constituted by its chief executive officer under section 34(2)--by the chief executive officer signing the document on behalf of the local government; (c) if the local government is constituted by an administrator of the local government appointed under section 178--by the administrator signing the document on behalf of the local government; (d) if a way is prescribed under a regulation--in the way prescribed. (2) Subsection (1) does not limit section 472 or 483. Notes-- 1 A local government may, by resolution, delegate its powers, including powers under section 36, to particular persons under section 472. 2 A local government's delegate may make, vary or discharge a contract for the local government in particular circumstances under section 483. (3) In this section-- authorised councillor, of a local government, means a councillor of the local government who is authorised in writing by the mayor of the local government to execute documents on behalf of the local government. 38A Liability does not attach to councillors etc. acting honestly (1) No matter or thing done honestly by-- (a) a local government; or (b) any councillor in constituting the local government; in the administration of this Act or in the performance or exercise, or intended performance or exercise, of any of the local government's functions or powers under an Act subjects any councillor of the local government to any liability in relation to the matter or thing. (2) No matter or thing done honestly by-- (a) the chief executive officer of a local government in constituting the local government; or (b) the administrator of a local government in constituting the local government; in the administration of this Act or in the performance or exercise, or intended performance or exercise, of the local government's functions or powers under an Act subjects the chief executive officer or administrator to any liability in relation to the matter or thing. (3) The protection given to a councillor, chief executive officer or administrator under this section is in addition to any other protection available to the councillor, chief executive officer or administrator under an Act or law. 39 Application of part to Brisbane City Council This part applies to the Brisbane City Council. 41 Consultation before exercise of powers under part Before the Governor in Council exercises a power under this part, the Minister must consult with the local governments that would be affected by the exercise of the power and take any views expressed by them into account. 42 Declaration of joint local government areas A regulation may declare a part of the State consisting of the whole or parts of 2 or more local government areas to be a joint local government area. 43 Establishment (1) A regulation may establish a joint local government for a joint local government area. (2) A regulation may establish 2 or more joint local governments for a joint local government area, or part of a joint local government area, if the joint local governments have different jurisdictions. 44 Regulations about establishment and operation of joint local governments A regulation may, for a joint local government (the joint body)-- (a) specify its name; and (b) provide for the election or appointment of a president and deputy president of the joint body; and (c) fix the time and place for holding the first meeting of the joint body; and (d) specify the proportion of the cost of the operations of the joint body that must be contributed by each of its component local governments; and (e) specify that the first budget of the joint body be for a specified part of a financial year; and (f) provide for its initial local laws; and (g) provide for any other matter for which-- (i) it is necessary or convenient to provide for its establishment or operation; and (ii) this Act does not make provision or adequate provision. 45 Jurisdiction generally A joint local government has the jurisdiction of local government that it is given by regulation. 46 Jurisdiction exclusive (1) A component local government may not exercise the jurisdiction of local government within its joint local government's area about a matter within the joint local government's jurisdiction. (2) However, the component local government may exercise jurisdiction as a delegate of the joint local government. (3) The component local government also may make and levy a rate on land for a matter within its jurisdiction, even though-- (a) the land is within the joint local government's area; and (b) the purpose relates to a matter within the joint local government's jurisdiction. 47 Members A joint local government consists of representatives of the local governments that are its component local governments. 48 Number of representatives etc. (1) A regulation may specify the number of representatives to which each component local government is entitled, either in its own right or as a member of a group of local governments, on its joint local government. (2) A regulation also may specify that a particular councillor of a component local government must be a member of the joint local government. 49 Constitution (1) A joint local government is constituted by its members. (2) However, subsection (3) applies if, at any time, a local government that is a component local government of a joint local government is constituted by the chief executive officer of the local government or an administrator of the local government appointed under section 178. (3) For section 47, the representative of the local government is-- (a) if the chief executive officer constitutes the local government-- the chief executive officer; or (b) if the administrator constitutes the local government--the administrator. (4) A joint local government is not a corporation. 49A Proceedings (1) A proceeding by a joint local government must be started in the name of the joint local government. (2) A proceeding against a joint local government must be started against the joint local government in its name. 50 General powers (1) A joint local government has, in the exercise of its jurisdiction, all the powers of an individual. (2) A joint local government may, for example-- (a) enter into contracts; and (b) acquire, hold, deal with and dispose of property; and (c) charge for services and facilities it supplies, other than a service or facility for which a regulatory fee may be fixed; and (d) do other things necessary or convenient to be done in the exercise of its jurisdiction. (3) A joint local government also has the powers given to it under this or another Act. (4) A joint local government may exercise its powers inside and outside its territorial unit. (5) A joint local government may exercise its powers outside the State and outside Australia. (6) A joint local government may exercise its powers in its own name. 51 Restriction on power to make or levy rate A joint local government can not make or levy a rate on land. 52 Delegation to component local governments (1) A joint local government may delegate its powers about a component local government's area to the component local government. (2) Subsection (1) does not limit by implication the persons to whom the joint local government may make a delegation. 53 Execution of documents by joint local governments (1) A joint local government may execute a document in any of the following ways-- (a) if the joint local government is constituted by its members-- (i) by the president of the joint local government signing the document on behalf of the joint local government; or (ii) by an authorised member of the joint local government signing the document on behalf of the joint local government; (b) if a way is prescribed under a regulation--in the way prescribed. (2) Subsection (1) does not limit section 472 or 483. Notes-- 1 A joint local government may, by resolution, delegate its powers, including powers under section 50, to particular persons under section 472 as applied by section 12(1)(b). 2 A joint local government's delegate may make, vary or discharge a contract for the joint local government in particular circumstances under section 483 as applied by section 12(1)(b). (3) In this section-- authorised member, of a joint local government, means a member of the joint local government who is authorised in writing by the president of the joint local government to execute documents on behalf of the joint local government. 53A Liability does not attach to members acting honestly (1) No matter or thing done honestly by-- (a) a joint local government; or (b) any member of the joint local government in constituting the joint local government; in the administration of this Act or in the performance or exercise, or intended performance or exercise, of any of the joint local government's functions or powers under an Act subjects any member of the joint local government to any liability in relation to the matter or thing. (2) The protection given to a member under this section is in addition to any other protection available to the member under an Act or law. 54 Adjustments between joint local government and component local governments A regulation may make provision with respect to-- (a) transferring assets and liabilities-- (i) to a joint local government--from its component local governments; or (ii) from a joint local government to a local government that has ceased to be a component local government of it; and (b) deciding, adjusting or settling anything in dispute between-- (i) a joint local government and any of its component local governments; or (ii) a joint local government and a local government that has ceased to be a component local government of it. 55 Application of part to Brisbane City Council This part applies to the Brisbane City Council. 57 Joint responsibility for boundary works (1) The cost of planning, constructing, maintaining and managing a bridge, road or other work that is to be, or is, built along the boundary between 2 or more local government areas, and partly in each of the areas, is the joint responsibility of the local governments of the areas. (2) The local governments must enter into the arrangements, and make the contracts, that are necessary for the proper performance of the responsibility. 58 Extension of operations outside local government area A local government may, under arrangements entered into by it with another local government, extend the operation of a facility, service or activity supplied or undertaken by it into the other local government's area. 59 Cooperation between local governments (1) Local governments may enter into arrangements, and make contracts, between themselves for exercising the jurisdiction of local government in their areas. (2) The local governments may establish joint standing committees to exercise the jurisdiction of local government for matters to which the arrangement or contract relates. (3) A joint standing committee must consist of councillors from the local governments. (4) This section does not limit by implication the powers of a local government. 60 Interstate cooperation (1) If a local government's area borders another State or a Territory, the local government may-- (a) enter into arrangements, and make contracts, with a person (the responsible person) responsible for any jurisdiction of local government in an adjoining part of the other State or the Territory; or (b) acquire and hold land in the adjoining part and construct any facility on the land; or (c) contribute to the cost of the responsible person exercising its jurisdiction of local government. (2) The local government that holds property in another State or a Territory for any purpose under subsection (1) may dispose of the property when it is no longer required for the purpose. (3) This section does not limit by implication the powers of a local government. 61 Application of part to Brisbane City Council This part applies to the Brisbane City Council. 62 Definitions for pt 1 In this part-- commission means a Local Government Electoral and Boundaries Review Commission established under section 66. local government does not include a joint local government. 63 Meaning of owner of land for pt 1 (1) In this part, an owner of land includes-- (a) the State--if the land-- (i) is to be held as freehold land and is being purchased from the State under an Act; or (ii) is held under a lease from the State, other than a lease granted under the Land Act 1994; or (iii) is held under an occupation permit under an Act, a stock grazing permit under an Act or a permit prescribed under a regulation, other than a permit issued under the Land Act 1994; or (iv) is held under a permission to occupy from the chief executive of the department responsible for the administration of the Forestry Act 1959; and (b) if the land is dedicated as a reserve, or granted in fee simple in trust, under the Land Act 1994, chapter 3, part 1--the trustees of the land. (2) In addition to a person mentioned in subsection (1), a regulation may prescribe another person to be an owner of land for this part. 64 Meaning of reviewable local government matter (1) The following are reviewable local government matters-- (a) creating a new local government area, including, for example, creating a new local government area from-- (i) 2 or more local government areas that are abolished; or (ii) a local government area that is abolished and a part of another local government area; or (iii) a part of a local government area that is excluded from the local government area; or (iv) a part of the State that is not part of a local government area; (b) naming a new local government area; (c) changing the external boundaries of a local government area by excluding part of the local government area and including the part in another local government area; (d) changing the name of a local government area; (e) including in a local government area a part of the State that is not part of a local government area; (f) abolishing a local government area and merging the local government area with another local government area; (g) dividing, redividing and abolishing divisions of a local government area; (h) changing the boundaries of divisions of a local government area by-- (i) excluding part of a division and including the part in another division of the local government area; or (ii) creating a new division of the local government area; (i) assigning and reassigning councillors of a local government to divisions of its area; (j) deciding and changing the class of a local government area; (k) deciding and changing the composition of a local government; (l) anything else relating to local government declared by regulation to be a reviewable local government matter. (2) However, for subsection (1)(d), (i), (j) or (k)-- (a) Brisbane City Council is not a local government; and (b) the City of Brisbane is not a local government area. (3) Also, for subsection (1)(a), the City of Brisbane is not a local government area except to the extent the provision relates to creating a new local government area from a part excluded from the City of Brisbane. (4) In addition, for subsection (1)(f), the City of Brisbane is not a local government area except to the extent the provision relates to the merging of an abolished local government area with the City of Brisbane. (5) A reviewable local government matter includes-- (a) any aspect of a matter mentioned in subsection (1); and (b) a particular proposal about a matter, or an aspect of a matter, mentioned in subsection (1). (6) Without limiting subsection (5), naming the electoral wards of the City of Brisbane is an aspect of the matters mentioned in subsection (1)(g) and (h). (7) A reviewable local government matter does not include a matter relating to- - (a) the creation, naming, abolition or area of a joint local government; or (b) the composition of a joint local government. (8) A matter (the relevant matter) relating to a local government area, the whole or part of which is in a joint local government's area, may be a reviewable local government matter although its implementation would, apart from subsection (9), affect a matter mentioned in subsection (7)(a) or (b). (9) If the relevant matter is a reviewable local government matter, implementation of the relevant matter does not affect the existence or extent of a joint local government's area or the composition of a joint local government. (10) In this section-- local government area includes a proposed local government area. 65 Meaning of limited reviewable local government matter (1) Changing the external boundaries of a local government area by excluding part of the local government area and including the part in another local government area is a limited reviewable local government matter if the local governments for the areas and all owners of land in the part have agreed to the change. (2) Also, including in a local government area a part of the State that is not part of a local government area is a limited reviewable local government matter if the local government for the area and all owners of land in the part have agreed to the inclusion. 66 Establishment There is to be a Local Government Electoral and Boundaries Review Commission for-- (a) each reference of a reviewable local government matter made to the commissioner; and (b) each application for determination of a limited reviewable local government matter made to the commissioner. 67 Constitution (1) A commission for a special reference of a reviewable local government matter is constituted by-- (a) a person who-- (i) is a judge or former judge of a court of the Commonwealth or a State or Territory; and (ii) has been, or was, a judge for at least 3 years; and (b) the chief executive of a department; and (c) the commissioner or, if the commissioner directs, the deputy commissioner. (2) A commission for a reference of another reviewable local government matter is constituted by the commissioner or, if the commissioner directs, the deputy commissioner. (3) However, if the commissioner considers it appropriate for the commission under subsection (2) to be partly constituted by review commissioners, the commission is to be partly constituted by the number of review commissioners the commissioner considers appropriate for the reference. (4) Also, if the Minister has directed in the reference of the matter under subsection (2) that a minimum number of review commissioners partly constitute the commission for the reference, the commission is to be partly constituted by at least that number of review commissioners. (5) A commission for an application for determination of a limited reviewable local government matter is constituted by the commissioner or, if the commissioner directs, the deputy commissioner. 68 Functions The functions of a commission are, under this part, to-- (a) examine and determine reviewable local government matters; and (b) examine, report and make recommendations to the Minister on implementation issues for reviewable local government matters. 69 Conduct of business A commission must conduct its business in the way prescribed under a regulation or, in the absence of a regulation, may conduct its business as it considers appropriate. 70 Times and places of meetings (1) Meetings of an expanded commission are to be held at the times and places it decides. (2) However, the chairperson of an expanded commission may at any time call a meeting by giving the other commission members reasonable notice of the meeting. 71 Quorum at meetings Business may be conducted at an expanded commission meeting only if a majority of commission members are present. 72 Presiding member At a meeting of an expanded commission-- (a) the chairperson of the commission presides; or (b) in the absence of the chairperson, the commission member chosen by the members present as chairperson for the meeting presides. 73 Voting at meetings At a meeting of an expanded commission-- (a) a question is to be decided by a majority of commission members present and voting; and (b) each member (including the member presiding) has a vote on each question to be decided and, if the votes are equal, the member presiding has a casting vote. 74 Disclosure of interests by members of expanded commission (1) This section applies if a member of an expanded commission-- (a) has a direct or indirect financial interest in an issue being considered, or about to be considered, at a meeting; or (b) could reasonably be otherwise regarded as having a conflict of interest in an issue being considered, or about to be considered, at a meeting. (2) The member must disclose to the meeting the member's interest in the issue. (3) The disclosure must be recorded in the commission's minutes. (4) Unless the commission otherwise directs the member must not-- (a) be present when the commission considers the issue; and (b) take part in the commission's decision about the issue. (5) The member must not be present when the commission is considering whether to give a direction under subsection (4). (6) If there is another member who must, under subsection (2), also disclose an interest in the issue, the other member must not-- (a) be present when the commission is considering whether to give a direction under subsection (4); or (b) take part in making the decision about giving a direction. (7) If, because of this section, a member is not present at a commission meeting for considering or deciding the issue, but there would be a quorum if the member were present, the remaining members present are a quorum for considering or deciding the issue at the meeting. 75 Additional provisions for disclosure of interests by commissioner and deputy commissioner (1) This section applies if the commissioner or deputy commissioner constituting a commission established for a reference of a reviewable local government matter or an application for determination of a limited reviewable local government matter-- (a) has a direct or indirect financial interest in an issue relating to the matter; or (b) could reasonably be otherwise regarded as having a conflict of interest in an issue relating to the matter. (2) The member must not take part, or take further part, in any consideration of the reviewable local government matter. (3) As soon as practicable after the member becomes aware of the application of this section to the issue, the member must-- (a) if the member is the commissioner--direct the deputy commissioner to constitute the commission in the commissioner's place; or (b) if the member is the deputy commissioner--inform the commissioner. (4) If subsection (3)(b) applies, the commissioner is to constitute the commission in the deputy commissioner's place. 76 Resignation and removal (1) A review commissioner who partly constitutes a commission may resign from the commission by giving a signed notice of resignation to the commissioner. (2) The Acts Interpretation Act 1954, section 25(1)(b) (other than subparagraph (iv)) and (2) to (4) does not apply to the appointment of a review commissioner to partly constitute a commission. 77 Minister may refer certain reviewable local government matters to commissioner (1) The Minister may refer a reviewable local government matter to the commissioner. (2) The reference need not separately identify each reviewable local government matter dealt with in, or included in, the reference. (3) The reference may be in general or specific terms or a combination of general and specific terms. (4) The reference may specify the reviewable local government matter in any way, including, for example-- (a) naming the local governments the reference directly affects; or (b) describing in a suitable way the geographical area to which the reference relates; or (c) specifying with reasonable certainty things that are, or are not, included in the reference. Examples of suitable ways of describing a geographical area-- 1 by reference to real property descriptions 2 by reference to a map or plan held by an entity, or to a particular entry in a register kept by an entity, if the map, plan or register is available for inspection by the public 3 by reference to a region of the State that is identifiable with reasonable certainty 4 by reference to areas of named local governments 5 by reference to a part of the area of a named local government that is identifiable with reasonable certainty (5) The reference may be made contingent on a determination another commission may make, or proposes to make, on a reference of another reviewable local government matter. 78 References of reviewable local government matters to be tabled etc. The Minister must-- (a) table a copy of each reference of a reviewable local government matter in the Legislative Assembly within 7 sitting days after it is given to the commissioner; and (b) give a copy of the reference to each local government mentioned in the reference. 79 Request by commissioner for reference (1) The commissioner may ask the Minister to refer a reviewable local government matter to the commissioner. (2) The request must include reasons for the request. (3) As soon as practicable after receiving the request, the Minister must-- (a) refer the matter to the commissioner; or (b) advise the commissioner that the matter will not be referred. (4) The Minister must table a copy of the request, and the reference or advice, in the Legislative Assembly within 7 sitting days after giving the reference or advice. 80 Limited reviewable local government matters (1) A local government may apply to the commissioner for determination of a limited reviewable local government matter. (2) However, the application may be made only if each local government that would be affected by the matter if it were implemented (an affected local government), has, by resolution, decided to make or support the application. (3) The application must-- (a) be in the approved form; and (b) be accompanied by-- (i) a report by each affected local government showing that the local government has examined the implementation issues for the matter; and (ii) each affected local government's suggestions about the implementation issues. (4) The approved form must include-- (a) the relevant agreements mentioned in section 65(1) or (2); and (b) a certificate by each affected local government that the issues prescribed under a regulation under section 107 have been taken into consideration. 81 References of reviewable local government matters (1) As soon as practicable after a special reference of a reviewable local government matter is referred to the commissioner-- (a) the Governor in Council is to appoint the commission members mentioned in section 67(1)(a) and (b) to partly constitute a special commission for the reference; and (b) if the commissioner decides not to partly constitute the commission--the commissioner must direct the deputy commissioner to partly constitute the commission. (2) As soon as practicable after another reference of a reviewable local government matter is referred to the commissioner, the commissioner must-- (a) if the reference is not a major reference, under the definition major reference, paragraph (a) or (b)(i)--declare, by gazette notice, whether the reference is a major or minor reference; and (b) decide the constitution of a commission for the reference; and (c) if an expanded commission (other than a special commission) is, under section 67, to be constituted for the reference--appoint a review commissioner or commissioners to partly constitute the commission. 82 Appointment of additional review commissioners The commissioner may, at any time after a commission (other than a special commission) is established, appoint a review commissioner, or an additional review commissioner, to partly constitute the commission. 83 Commissions may declare major references (1) This section applies if a commission is established for a reference of a reviewable local government matter the commissioner has declared is a minor reference. (2) The commission may, at any time before it makes a final determination of the matter, declare, by gazette notice, the reference is a major reference. (3) To remove any doubt, if a commission makes a declaration under subsection (2)-- (a) subdivision 2 applies to the reference of the matter; and (b) the commission continues in existence to determine the matter. 84 Commissions must have regard to prescribed issues (1) When considering a reviewable local government matter, a commission must have regard to the issues that may be prescribed under a regulation. (2) If the matter relates to the external boundaries of a local government area, the commission also must have regard to the need to ensure the provision of efficient and effective local government in the area. 85 Restrictions on determinations for City of Brisbane (1) A commission must not make a determination of a reviewable local government matter mentioned in section 64(1)(g) or (h) that would, if implemented, result in a change in the number of electoral wards for the City of Brisbane. (2) If the naming of electoral wards of the City of Brisbane is an aspect of a reviewable local government matter, a commission must not determine that a name of an electoral ward be a name that is the name of an electoral district under the Electoral Act 1992. 86 Application of subdivision This subdivision applies for a reviewable local government matter, the subject of a major reference, being considered by a commission. 87 Commission may make inquiries In considering the reviewable local government matter, the commission may make the inquiries it considers appropriate. 88 Preliminary procedures for certain references (1) This section applies if-- (a) the reference of the reviewable local government matter is a special reference; or (b) the reference of the reviewable local government matter is a major reference (other than a special reference) and the commission declares, by gazette notice, that this section applies to the reference. (2) As soon as practicable after the commission's establishment or the declaration, the commission must, by public notice, invite suggestions from persons and entities on the matter. (3) The notice must state that suggestions are to be given to the commission at a stated address in writing within 30 days after the notice is first published (the first notice period). (4) As soon as practicable after the first notice period, the commission must-- (a) ensure copies of all suggestions properly given to it are open to inspection at the prescribed offices and other stated offices; and (b) by public notice-- (i) state that copies of the suggestions are open to inspection at the prescribed offices and other stated offices; and (ii) state that any person or other entity may make written comment on the suggestions within 21 days after the notice is first published (the second notice period); and (iii) state the address to which the comments may be sent. (5) A public notice under subsection (2) or (4) must be published in-- (a) the gazette; and (b) a newspaper circulating generally in the local government areas that would be affected by the matter if it were implemented. (6) As soon as practicable after the second notice period, the commission must ensure copies of all comments given to it within the period are open to inspection at the prescribed offices and other stated offices. (7) The suggestions and comments properly given to the commission must be open to inspection until-- (a) if, under section 89, the commission determines that the matter not be implemented--notification in the gazette of its determination is given; or (b) if the commission proposes to determine that the matter be implemented--the day after the stated day under section 90. (8) In determining whether the matter should be implemented, the commission must consider all suggestions and comments properly given to it. 89 Determination not to implement matter (1) If the commission determines that the reviewable local government matter not be implemented, the commission must prepare a report on the matter. (2) The report must state the determination and reasons for it. 90 Public notice of proposed determination to implement matter (1) If the commission proposes to determine that the reviewable local government matter be implemented, the commission must give public notice, by advertisement published at least once in-- (a) the gazette; and (b) a newspaper circulating generally in the local government areas that would be affected by the matter if it were implemented. (2) The notice must state-- (a) the general effect of the proposed determination; and (b) that particulars of the proposed determination and recommendations on implementation issues for the matter, including reasons and any relevant maps, are open to inspection at the prescribed offices and at other stated offices; and (c) that submissions about the proposed determination and recommendations-- (i) may be made, in writing, to the commission at a stated address; and (ii) must state the grounds of the submission and the facts and circumstances relied on in support of the grounds; and (d) a day (the stated day) on or before which the particulars may be inspected and submissions made. (3) If the naming of electoral wards of the City of Brisbane is an aspect of the matter, the notice must also state the proposed names of the electoral wards. (4) If the matter is a reviewable local government matter mentioned in section 64(1)(a) or (f), the notice may also state-- (a) the area the commission considers should be the affected area for the matter if a compulsory referendum were to be held for the matter; and (b) if the commission considers the affected area should be divided into voting areas--the areas the commission considers should be the voting areas of the affected area. (5) If, in the proposed determination of the matter, the commission proposes to adopt a margin of allowance under section 286(3) for the quota of voters for each councillor for a division of a local government, the notice must also state the margin of allowance to be adopted. (6) If the commission proposes to make a delayed implementation determination for the matter, the notice must also state-- (a) the matter is to be implemented on the conclusion of the election, at the next quadrennial elections, of all councillors for the local governments affected by the determination to implement the matter; and (b) the elections are to be conducted as if the determination were implemented. (7) The stated day must be at least 30 days after the later of-- (a) the publication of the advertisement in the gazette; or (b) the publication, or first publication, of the advertisement in the newspaper. (8) The particulars are to be open to inspection until the day after the stated day. 91 Commission to consider submissions (1) The commission must consider all submissions properly made about the proposed determination and recommendations on implementation issues for the matter. (2) The commission may amend the proposed determination to take account of the submissions. (3) However, the commission may substantially amend the proposed determination only if the commission gives public notice, under section 90, of the amended proposed determination and recommendations on implementation issues for the matter. (4) Section 90 and this section apply to the amended proposed determination as if it were the proposed determination. 92 Holding of referendum (1) A referendum (a compulsory referendum) must be held in relation to the commission's proposed determination of the reviewable local government matter if-- (a) the matter is a reviewable local government matter mentioned in section 64(1)(a) or (f); and (b) after considering the submissions, the commission proposes to make a final determination that the matter be implemented. (2) Also, the commission may decide that a referendum (a non-compulsory referendum) be held in relation to the commission's proposed determination of the reviewable local government matter if-- (a) the matter is a reviewable local government matter mentioned in section 64(1)(c) or (e); and (b) after considering the submissions, the commission proposes to make a final determination that the matter be implemented; and (c) the commission considers a referendum should be held for the matter. (3) However, the commission may decide to hold a non-compulsory referendum only after it has consulted with the local governments that would be affected by the matter if it were implemented. 93 Making final determination and preparation of report (1) The commission must make a final determination of the reviewable local government matter and prepare a report for the Minister on the matter as soon as practicable after-- (a) if a referendum is held for the commission's proposed determination of the matter--the final result of the referendum for the matter is notified; or (b) if a referendum is not held for the commission's proposed determination of the matter--the commission completes its consideration of submissions properly made about the matter. (2) If the matter is the subject of a delayed implementation reference and the commission makes a determination to implement the matter, the commission-- (a) must determine the matter be implemented on the conclusion of the election, at the next quadrennial elections, of all councillors for the local governments affected by the determination to implement the matter; and (b) must determine not to implement a reviewable local government matter mentioned in section 64(1)(g), (h), (i) or (k) for the local governments or the local governments' areas. (3) If the matter is a reviewable local government matter mentioned in section 64(1)(c) (other than a matter the subject of a delayed implementation reference) for a local government area that is divided, the commission may determine the matter be implemented on the conclusion of the election, at the next quadrennial elections, of all councillors for the local governments affected by the determination only if-- (a) the commission is satisfied it is appropriate to delay implementing the matter having regard to the delayed implementation issues for the matter; and (b) the commission determines not to implement a reviewable local government matter mentioned in section 64(1)(g), (h), (i) or (k) for the local governments or the local governments' areas. (4) Also, if the matter is a matter mentioned in section 64(1)(c) (the first matter) and the commission makes a determination to implement the first matter, the commission may, if it is satisfied it is appropriate for another reviewable local government matter mentioned in section 64(1)(g) or (h) included in the reference of the first matter, make a determination to implement the other matter only so far as the other matter relates to all of the divisions of a local government area directly affected by the determination of the first matter. (5) However, subsection (4) does not apply if the commission makes a determination of a matter mentioned in section 64(1)(i) or (k) included in the reference of the first matter. (6) For subsection (4), a division of a local government area is directly affected by the determination of the first matter only if, under the determination-- (a) the division's boundaries are to be changed because of the exclusion of part of the local government area (the excluded part) and including the excluded part in another local government area; or (b) the division adjoins the excluded part; or (c) the division adjoins a division mentioned in paragraph (a) or (b). (7) The report must-- (a) state the determination and reasons for it and, if applicable, include recommendations on implementation issues for the matter; and (b) include a summary of-- (i) the submissions made to the commission on the matter; and (ii) if section 88 applies to the matter--the suggestions and comments properly given to the commission on the matter; and (c) be accompanied by copies of the submissions and, if applicable, the suggestions and comments. (8) Also, if a referendum is held for the commission's proposed determination of the matter, the report must-- (a) state the final result of the referendum; and (b) if the referendum is a compulsory referendum and the referendum question is not approved--be accompanied by a copy of the commission's proposed determination and, if applicable, its recommendations on implementation issues for the matter and the reasons for them. (9) If a compulsory referendum has been held for the commission's proposed determination of the matter, the commission-- (a) must determine that the matter be implemented if the referendum question is approved by the affected area for the matter; but (b) must determine that the matter not be implemented if the referendum question is not approved by the affected area for the matter. (10) If a non-compulsory referendum has been held for the commission's proposed determination of the matter, the commission may determine that the matter be implemented regardless of whether the referendum question is approved by the affected area for the matter. 94 Notification of determination and report to Minister (1) The commission must-- (a) give notification of its final determination, or its determination under section 89-- (i) by gazette notice; and (ii) by advertisement published in a newspaper circulating generally in the local government areas affected by the determination; and (b) give to the Minister a copy of the gazette notice and the commission's report on the matter; and (c) give a copy of the report to the local government affected by the determination. (2) The notification must-- (a) contain a summary of the determination; and (b) state that the commission's report on the matter is-- (i) open to inspection; and (ii) available for purchase at the electoral commission's office at Brisbane; and (c) if the commission determines the matter be implemented--state that the matter is to be implemented by regulation; and (d) if the commission makes a delayed implementation determination for the matter--state in general terms the effect of the determination; and (e) if section 96 applies to the matter--state in general terms the effect of the section. 95 Implementation of matter on commission's report (1) If the commission determines that the reviewable local government matter be implemented, the Governor in Council must implement the matter as soon as practicable after the Minister receives a copy of the gazette notice and the commission's report on the matter. (2) However, if the commission makes a delayed implementation determination for the matter-- (a) the Governor in Council must implement the matter to commence on the conclusion of the election, at the next quadrennial elections, of all councillors for the local governments affected by the determination; and (b) a regulation implementing the matter must provide for the conduct of the next quadrennial elections of the local governments as if the matter were implemented. (3) If a regulation is made to implement the matter and the regulation is to commence on a later day fixed in it, for subsection (1), the matter must not be taken not to have been implemented as soon as practicable merely because of the later commencement. Examples of subsection (3)-- 1 Because of the holding of quadrennial elections under this Act, or fresh elections under the regulation, the regulation may commence after its notification. 2 Because of financial implications, the regulation may commence at the start of a financial year. (4) Subsection (1) has effect subject to section 158. 96 Implementation of matter at request of Legislative Assembly (1) This section applies if-- (a) a compulsory referendum has been held for the commission's proposed determination of the reviewable local government matter; and (b) the commission determines that the matter not be implemented because the referendum question was not approved by the affected area for the matter. (2) Within 7 sitting days after the Minister tables the commission's report on the matter, the Legislative Assembly may resolve that the Governor in Council be asked to make a regulation implementing the matter. (3) If the Legislative Assembly resolves that the Governor in Council be asked to implement the matter, the Governor in Council must implement the matter as soon as practicable after the resolution is passed. (4) If a regulation is made to implement the matter and the regulation is to commence on a later day fixed in it, for subsection (3), the matter must not be taken not to have been implemented as soon as practicable merely because of the later commencement. Example of subsection (4)-- 1 Because of the holding of quadrennial elections under this Act, or fresh elections under the regulation, the regulation may commence after its notification. 2 Because of financial implications, the regulation may commence at the start of a financial year. 97 Application of subdivision This subdivision applies for a reviewable local government matter, the subject of a minor reference, being considered by a commission. 98 Commission may make inquiries In considering the reviewable local government matter, the commission may make the inquiries it considers appropriate. 99 Determination not to implement matter (1) If after considering the reviewable local government matter, the commission determines that the reviewable local government matter not be implemented, the commission must prepare a report on the matter. (2) The report must state the determination and reasons for it. 100 Notice of proposed determination to implement matter and recommendations (1) If the commission proposes to determine that the reviewable local government matter be implemented, the commission-- (a) must give written notice to-- (i) each local government that would be affected by the matter if it were implemented; and (ii) if the matter is a reviewable local government matter mentioned in section 64(1)(c) or (e)--each owner of land in the part the subject of the matter; and (b) may give written notice to anyone else the commission considers would be directly affected by the matter if it were implemented. (2) The notice must state-- (a) the general effect of the proposed determination; and (b) that particulars of the proposed determination and recommendations on implementation issues for the matter, including reasons and any relevant maps, are open to inspection; and (c) that submissions about the proposed determination and recommendations-- (i) may be made, in writing, to the commission at a stated address; and (ii) must state the grounds of the submission and the facts and circumstances relied on in support of the grounds; and (d) a day (the stated day) on or before which the particulars may be inspected and submissions made. (3) If, in the proposed determination of the matter, the commission proposes to adopt a margin of allowance under section 286(3) for the quota of voters for each councillor for a division of a local government, the notice must also state the margin of allowance to be adopted. (4) If the commission proposes to make a delayed implementation determination for the matter, the notice must also state-- (a) the matter is to be implemented on the conclusion of the election, at the next quadrennial elections, of all councillors for the local governments affected by the determination to implement the matter; and (b) the elections are to be conducted as if the determination were implemented. (5) The stated day must be at least 30 days after the particulars mentioned in subsection (2)(b) are first open to inspection at the electoral commission's office at Brisbane. (6) The notice given to the local governments must be accompanied by a copy of the particulars mentioned in subsection (2)(b). (7) The particulars are to be open to inspection until the day after the stated day. 101 Commission to consider submissions (1) The commission must consider all submissions properly made about the proposed determination and recommendations on implementation issues for the reviewable local government matter. (2) The commission may amend the proposed determination to take account of the submissions. (3) However, the commission may substantially amend the proposed determination only if the commission gives notice, under section 100, of the amended proposed determination and recommendations on implementation issues for the matter. (4) Section 100 and this section apply to the amended proposed determination as if it were the proposed determination. 102 Making final determination and preparation of report (1) As soon as practicable after completing its consideration of the submissions, the commission must make a final determination of the matter, and prepare a report for the Minister on the reviewable local government matter. (2) If the matter is the subject of a delayed implementation reference and the commission makes a determination to implement the matter, the commission-- (a) must determine the matter be implemented on the conclusion of the election, at the next quadrennial elections, of all councillors for the local governments affected by the determination to implement the matter; and (b) must determine not to implement a reviewable local government matter mentioned in section 64(1)(g), (h), (i) or (k) for the local governments or the local governments' areas. (3) If the matter is a reviewable local government matter mentioned in section 64(1)(c) (other than a matter the subject of a delayed implementation reference) for a local government area that is divided, the commission may determine the matter be implemented on the conclusion of the election, at the next quadrennial elections, of all councillors for the local governments affected by the determination only if-- (a) the commission is satisfied it is appropriate to delay implementing the matter having regard to the delayed implementation issues for the matter; and (b) the commission determines not to implement a reviewable local government matter mentioned in section 64(1)(g), (h), (i) or (k) for the local governments or the local governments' areas. (4) Also, if the matter is a matter mentioned in section 64(1)(c) (the first matter) and the commission makes a determination to implement the first matter, the commission may, if it is satisfied it is appropriate for another reviewable local government matter mentioned in section 64(1)(g) or (h) included in the reference of the first matter, make a determination to implement the other matter only so far as the other matter relates to all of the divisions of a local government area directly affected by the determination of the first matter. (5) However, subsection (4) does not apply if the commission makes a determination of a matter mentioned in section 64(1)(i) or (k) included in the reference of the first matter. (6) For subsection (4), a division of a local government area is directly affected by the determination of the first matter only if, under the determination-- (a) the division's boundaries are to be changed because of the exclusion of part of the local government area (the excluded part) and including the excluded part in another local government area; or (b) the division adjoins the excluded part; or (c) the division adjoins a division mentioned in paragraph (a) or (b). (7) The report must-- (a) state the determination and reasons for it and, if applicable, include recommendations on implementation issues for the matter; and (b) include a summary of the submissions made to the commission on the matter; and (c) be accompanied by copies of the submissions. 103 Notification of determination and report to Minister (1) The commission must-- (a) give notification of its final determination, or its determination under section 99-- (i) by gazette notice; and (ii) by advertisement published in a newspaper circulating generally in the local government areas affected by the determination; and (b) give to the Minister a copy of the gazette notice and the commission's report on the matter; and (c) give a copy of the report to the local governments affected by the determination. (2) The notification must-- (a) contain a summary of the determination; and (b) state that the commission's report on the matter is-- (i) open to inspection; and (ii) available for purchase at the electoral commission's office at Brisbane; and (c) if the commission determines the matter be implemented--state that the matter is to be implemented by regulation; and (d) if the commission makes a delayed implementation determination for the matter--state in general terms the effect of the determination. 104 Implementation of matter (1) If the commission determines that the reviewable local government matter be implemented, the Governor in Council must implement the matter as soon as practicable after the Minister receives a copy of the gazette notice and the commission's report on the matter. (2) However, if the commission makes a delayed implementation determination for the matter-- (a) the Governor in Council must implement the matter to commence on the conclusion of the election, at the next quadrennial elections, of all councillors for the local governments affected by the determination; and (b) a regulation implementing the matter must provide for the conduct of the next quadrennial elections of the local governments as if the matter were implemented. (3) If a regulation is made to implement the matter and the regulation is to commence on a later day fixed in it, for subsection (1), the matter must not be taken not to have been implemented as soon as practicable merely because of the later commencement. Examples of subsection (3)-- 1 Because of the holding of quadrennial elections under this Act, the regulation may commence after its notification. 2 Because of financial implications, the regulation may commence at the start of a financial year. (4) Subsection (1) has effect subject to section 158. 105 Application of division (1) This division applies for an application properly made for a determination of a limited reviewable local government matter. (2) The application is to be dealt with by a commission determining whether the matter should be implemented. (3) The commission must determine the application even if the matter is, at any time, the subject of a reference of a reviewable local government matter. 106 Commission may make inquiries In considering the limited reviewable local government matter, the commission may make the inquiries it considers appropriate. 107 Commission must have regard to prescribed issues (1) When considering the limited reviewable local government matter, the commission must have regard to the issues that may be prescribed under a regulation. (2) If the matter relates to the external boundaries of a local government area, the commission also must have regard to the need to ensure the provision of efficient and effective local government in the area. 108 Restriction on determination to implement matter (1) This section applies if a local government that would be affected by the limited reviewable local government matter if it were implemented is divided. (2) The commission must make a determination not to implement the matter if its implementation would result in the margin of allowance mentioned in section 286 (2) for a quota for a local government's area being departed from. 109 Action after determination to implement matter (1) This section applies if the commission determines that the limited reviewable local government matter be implemented. (2) The commission must-- (a) prepare a report for the Minister on the matter; and (b) give notification of its determination-- (i) by gazette notice; and (ii) by advertisement published in a newspaper circulating generally in the local government areas that will be affected by the implementation of the matter; and (c) give to the Minister a copy of the gazette notice and the commission's report on the matter; and (d) give a copy of the report to the local governments affected by the determination. (3) The report must state the determination and reasons for it, and include recommendations on implementation issues for the matter. (4) The notification must-- (a) contain a summary of the determination; and (b) state that the commission's report on the matter is-- (i) open to inspection; and (ii) available for purchase at the electoral commission's office at Brisbane; and (c) state that the determination is to be implemented by regulation. 110 Action after determination not to implement matter (1) This section applies if the commission determines that the limited reviewable local government matter not be implemented. (2) The commission must-- (a) prepare a report for the Minister on the matter; and (b) give written notice of its determination to the landowners whose agreements accompanied the application for the determination of the matter; and (c) give to the Minister a copy of the commission's report on the matter; and (d) give a copy of the report to the local governments whose agreements accompanied the application for determination of the matter. (3) The report must state the determination and reasons for it. (4) The notice must state that the commission's report on the matter is-- (a) open to inspection; and (b) available for purchase at the electoral commission's office at Brisbane. 111 Implementation of matter (1) If the commission determines that the limited reviewable local government matter be implemented, the Governor in Council must implement the matter as soon as practicable after the Minister receives a copy of the commission's report on the matter. (2) If a regulation is made to implement the matter and the regulation is to commence on a later day fixed in it, for subsection (1), the matter must not be taken not to have been implemented as soon as practicable merely because of the later commencement. Examples of subsection (2)-- 1 Because of the holding of quadrennial elections under this Act, the regulation may commence after its notification. 2 Because of financial implications, the regulation may commence at the start of a financial year. (3) Subsection (1) has effect subject to section 158. 112 Expanded commission may decide to hold inquiry for certain matters In considering a reviewable local government matter the subject of a major reference, an expanded commission may decide to hold an inquiry under this division. 113 Notice of decision to hold inquiry Before starting the inquiry, the commission must-- (a) publish in a newspaper circulating in the areas of the local governments concerned a notice outlining the processes to be followed in the inquiry; and (b) give a copy of the notice to the local governments. 114 Presiding member The chairperson presides at the inquiry. 115 Commission's duties on inquiry When conducting an inquiry, the commission-- (a) must observe natural justice; and (b) must act as quickly, and with as little formality and technicality, as is consistent with a fair and proper consideration of the issues. 116 Commission may decide procedures (1) The commission-- (a) is not bound by the rules of evidence; and (b) may inform itself in any way the commission considers appropriate; and (c) may decide the procedures to be followed at an inquiry. (2) However, the commission must comply with this subdivision and any procedural rules prescribed by regulation. 117 Public may attend The commission must allow members of the public to attend an inquiry. 118 Commission's powers on inquiry (1) In conducting an inquiry, the commission may-- (a) act in the absence of a person who has been given reasonable notice; and (b) receive evidence on oath or affirmation or by statutory declaration; and (c) adjourn the inquiry; and (d) permit a document to be amended; and (e) disregard any defect, error, omission or insufficiency in a document; and (f) permit or refuse to permit a person (including a legal practitioner enrolled in Queensland or elsewhere) to represent someone else at the inquiry. (2) A commission member may administer an oath or affirmation to a person appearing as a witness before the inquiry. 119 Notice to witness (1) The commission may, by written notice given to a person, require the person to attend an inquiry at a specified time and place to give evidence or produce specified documents. (2) A person who is given a notice must-- (a) attend as required by the notice; and (b) continue to attend as required by the commission until excused from further attendance. Maximum penalty--35 penalty units. (3) A person required to appear as a witness before an inquiry is entitled to the witness fees prescribed by regulation or, if no witness fees are prescribed, the reasonable witness fees decided by the commission. 120 Duty of witness at inquiry (1) A person appearing as a witness at an inquiry must not-- (a) fail to take an oath or make an affirmation when required by the commission; or (b) fail, without reasonable excuse, to answer a question the person is required to answer by the commission; or (c) fail, without reasonable excuse, to produce a document the person is required to produce by a notice under section 119(1). Maximum penalty--35 penalty units. (2) It is a reasonable excuse for a person to fail to answer a question or produce a document if answering the question or producing the document might tend to incriminate the person. 121 Contempt A person must not-- (a) insult the commission or a commission member in an inquiry; or (b) deliberately interrupt an inquiry; or (c) create or continue, or join in creating or continuing, a disturbance in or near a place where the commission is conducting an inquiry; or (d) do anything that would be a contempt of court if the commission were a judge acting judicially. Maximum penalty--50 penalty units. 122 Change of commission members The inquiry is not affected by a change in the commission members. 123 Application of div 7 This division applies to a compulsory or non-compulsory referendum to be held in relation to a commission's proposed determination of a reviewable local government matter. 124 Approving or opposing referendum question (1) This section applies for deciding whether the referendum question for the proposed determination of the reviewable local government matter is approved. (2) A person approves the referendum question if the person answers the question in the affirmative. (3) If the affected area for the reviewable local government matter is not divided into voting areas, the affected area approves the referendum question for the matter if the affected electors for the affected area who vote to approve the question are greater in number than the affected electors who vote to oppose the question. (4) If the affected area is divided into voting areas-- (a) a voting area approves the referendum question if the affected electors for the voting area who vote to approve the question are greater in number than the affected electors who vote to oppose the question; and (b) the affected area approves the referendum question if each voting area approves the question. (5) A person opposes the referendum question if the person answers the question in the negative. 125 Wording of referendum question The precise wording for the referendum question must be set under a regulation. 126 Appointment and role of returning officers for referendum (1) The commissioner must appoint a returning officer and an assistant returning officer for the referendum. (2) As soon as practicable after making an appointment, the commissioner must, by gazette notice, advise of the appointment. (3) The returning officer and the assistant returning officer are each entitled to the fees and allowances decided by the commissioner. (4) The returning officer must conduct the referendum. (5) If, for any reason, the returning officer can not perform the functions of office, the assistant returning officer must act as the returning officer. (6) The returning officer for the referendum must have a public office for the referendum. (7) The local governments for the affected area must give the returning officer all reasonable assistance the returning officer asks for in conducting the referendum. 127 Referendum day (1) The day for holding the referendum for the commission's proposed determination of the reviewable local government matter (the referendum day) must be a Saturday. (2) The returning officer must fix the referendum day. (3) However, the Governor in Council may, by gazette notice, fix as the referendum day a day that is later than the day previously fixed by the returning officer as the referendum day. (4) If a gazette notice is published under subsection (3), the returning officer must publish a notice giving necessary directions to affected electors about the procedures to be followed. (5) The returning officer's notice must be published in a newspaper circulating generally in the affected area. 128 Notice of referendum day and other information (1) The returning officer for the referendum must publish a notice (the referendum notice)-- (a) stating the referendum day for the referendum; and (b) stating the referendum roll cut off day fixed by the returning officer; and (c) advising whether, and if so to what extent, the referendum is to be conducted by postal ballot; and (d) giving a brief explanation about-- (i) the question for the referendum; and (ii) who is an affected elector; and (e) giving notice of the address and telephone number of the returning officer's public office. (2) The referendum notice must be published in a newspaper circulating generally in the affected area. (3) The returning officer may also publish the referendum notice in other ways the returning officer considers appropriate. (4) The referendum notice must also be displayed in a conspicuous position at the returning officer's public office from as soon as practicable after the referendum notice is first published in a newspaper until 6p.m. on the referendum day. (5) The returning officer may also display a copy of the referendum notice at other places the returning officer considers appropriate. (6) The referendum notice may be published before the making or commencement of the regulation setting the precise wording for the question for the referendum. (7) To the extent the referendum is not conducted by postal ballot, the referendum notice must state-- (a) the location of ordinary polling booths to be used for the referendum; and (b) that the ordinary voting hours are from 8a.m. and 6p.m. (8) The referendum roll cut off day must be at least 5 days, but not more than 7 days, after the referendum notice is first published in a newspaper. 129 Voters rolls (1) As soon as practicable after the referendum roll cut off day, the returning officer must compile a voters roll for-- (a) the affected area for the reviewable local government matter; or (b) if the affected area for the reviewable local government matter is divided into voting areas--each voting area. (2) A voters roll must consist of persons who, on the referendum roll cut off day, are electors under the Electoral Act 1992 and are enrolled on an electoral roll for an electoral district, or part of an electoral district, included in the affected area or, if subsection (1)(b) applies, the voting area concerned. (3) A voters roll-- (a) must be in the form of the electoral roll used for elections of the Legislative Assembly; and (b) must not include an elector's address that, under the Electoral Act 1992, is excluded from the publicly available part of an electoral roll. 130 Voters roll to be open to inspection and purchase (1) A voters roll is open to inspection until the final result of the referendum for the matter is notified. (2) The returning officer must sell a copy of a voters roll to anyone who asks to buy it. (3) The price of a voters roll must be no more than the cost of making a copy of the roll and, if the copy is posted to the purchaser, the postage cost. 131 Explanatory statement The commission for the reviewable local government matter must prepare a statement (the explanatory statement) about the advantages and disadvantages of the proposed determination that, in the commission's opinion, should be taken into account by an affected elector voting in the referendum. 132 Commission may request information from local government (1) The commission for the reviewable local government matter may, by written notice, request a local government to give the commission, in writing, information the commission reasonably needs from the local government for the preparation of an explanatory statement. (2) The request must specify a reasonable time within which the information must be given to the commission. (3) The local government must comply with the request. 133 Giving statements to affected electors and display of statements and proposed determination (1) The returning officer must give the explanatory statement for the referendum to each affected elector on the voters roll for the affected area or, if the affected area is divided into voting areas, a voting area. (2) The statement must be given to the affected elector at a reasonable time before the referendum day. (3) If the referendum is to be conducted by postal ballot for all or part of the affected area, the explanatory statement may be given to an affected elector when the elector is given the ballot paper for the referendum. (4) An affected elector, other than an affected elector to whom the returning officer has given an explanatory statement, must be given a copy of the statement if the elector asks for it. (5) The returning officer must display a copy of the explanatory statement and the commission's proposed determination of the matter-- (a) in a prominent place in the returning officer's public office; and (b) at other places the returning officer considers appropriate. 134 Local government views on referendum The provisions of this division do not prevent a local government that considers that it will be affected by the proposed determination of the commission about the reviewable local government matter to which the referendum relates from informing affected electors of its views about the referendum question. 135 Compulsory voting Voting at the referendum is compulsory, and each affected elector for the affected area for the reviewable local government matter, or a voting area in the affected area, is entitled to only 1 vote. 136 Conduct of referendum (1) Chapter 5, part 6 applies (with any necessary changes and any additional changes specified in subsection (8) or changes prescribed under a regulation) to the referendum as if the referendum were an election. (2) Without limiting subsection (1), the necessary changes mentioned in subsection (1) include the non-application of provisions of chapter 5, part 6 to the extent that their application is inappropriate or unnecessary. (3) The application of provisions of chapter 5, part 6 is unnecessary to the extent that the provisions have particular reference to candidates. (4) Without limiting subsections (2) and (3)-- (a) section 291 has no application; and (b) chapter 5, part 6, divisions 3 and 11 have no application; and (c) chapter 5, part 6, division 4, has no application; and (d) section 325(2)(d) to (f), (3) and (4) does not apply to the ballot paper to be used for the referendum; and (e) section 326 has no application; and (f) section 327 has no application; and (g) sections 357 and 358 have no application; and (h) in sections 366(1) and 367, the reference to a candidate, but not the reference to a scrutineer, may be ignored; and (i) sections 368 and 369 have no application; and (j) section 371(1)(b) has no application; and (k) section 385(1)(b) has no application; and (l) in section 407(2), the reference to a candidate or nominee as a candidate for election may be ignored, but not the reference to the returning officer. (5) Necessary changes also include the following changes having general operation-- (a) a reference to chapter 5, part 6 is a reference to that part as applied under this section, and is also taken to include a reference to the other provisions of this division; (b) a reference to the returning officer is a reference to the returning officer for the referendum; (c) a reference to an assistant returning officer is a reference to the assistant returning officer for the referendum; (d) a reference to an elector is a reference to an affected elector for the affected area or, if the affected area is divided into voting areas, each voting area in relation to the referendum; (e) a reference to a scrutineer for a candidate is a reference to a scrutineer for the referendum; (f) a reference to the voters roll is a reference to the voters roll compiled under this division for the affected area or, if the affected area is divided into voting areas, each voting area; (g) a reference to the local government area, or a division of the local government area, is, for the referendum, a reference to-- (i) the affected area; or (ii) a voting area of the affected area; (h) a reference to the local government's public office is a reference to the public office of the returning officer for the referendum; (i) a reference to the poll for the election is a reference to the poll for the referendum; (j) a reference to polling day is a reference to the referendum day for the referendum; (k) a reference to the notice under section 311 is a reference to the referendum notice for the referendum; (l) a reference to the election period is a reference to the period-- (i) starting on the day the referendum notice for the referendum is first published; and (ii) ending at 6p.m. on the referendum day for the referendum; (m) a reference to an electoral officer for an election is a reference to an electoral officer for the referendum. (6) Necessary changes also include the following changes having more specific operation-- (a) for applying sections 321(6), 340(5) and 365(1), the returning officer for the referendum, instead of advising candidates, must advise the persons and groups who have appointed scrutineers for the referendum; (b) for applying sections 336(10)(b), 341(2)(c), 348(3)(c) and 351, a reference to division 11 is a reference to the provisions of this division about the marking of a ballot paper; (c) for applying section 341(2)(a), a reference to stating the names of candidates is a reference to reading out the referendum question; (d) for applying sections 363(1)(c)(ii) and (iii) and 366(3)(b) and (4)(c), the returning officer for the referendum must-- (i) count the number of votes approving the referendum question marked on all formal ballot papers, and keep the ballot papers in a separate parcel; and (ii) count the number of votes opposing the referendum question marked on all formal ballot papers, and keep the ballot papers in a separate parcel; (e) for applying section 363(1)(d)(i), the written statement must set out, in words and numerals, the number of votes approving the referendum question and the number of votes opposing the referendum question; (f) for applying section 366(2), the returning officer for the referendum must ascertain the number of votes approving the referendum question and the number of votes opposing the referendum question; (g) for applying section 366(3) and (4), the returning officer for the referendum must count the number of votes approving the referendum question and the number of votes opposing the referendum question; (h) for applying section 366(5), the returning officer for the referendum must add together the number of votes counted as approving the referendum question and the number of votes counted as opposing the referendum question; (i) for applying section 367(2), the reference to a vote for a particular candidate is a reference to whether the vote is a vote approving or opposing the referendum question, and the reference to the name of the candidate for whom a vote is counted is a reference to whether the vote is counted as a vote approving or opposing the referendum question; (j) for applying section 372, the reference to each candidate is a reference to the commission; (k) the result the returning officer must give under section 372 as applied under this division is-- (i) if the affected area is divided into voting areas-- (A) for each voting area of the affected area-- how the voting area voted on the referendum question, including whether the voting area has approved the referendum question; and (B) for the affected area--whether the affected area has approved the referendum question; or (ii) if the affected area is not divided into voting areas- -whether the affected area has approved the referendum question; (l) for applying sections 373, 374(1) and (3)(b), 375, 376 and 377, the reference to the local government is a reference to the local government for the local government area, or part of a local government area, for which a person listed as having failed to vote is enrolled; (m) for applying section 378, the reference to the local government's chief executive officer is a reference to the returning officer for the referendum; (n) for applying sections 379 and 380, a reference to the local government's chief executive officer is a reference to the commissioner, but section 379(4) has no application at all; (o) for applying section 381, the reference to the local government is a reference to the commissioner; (p) for applying section 385(1)(c), the reference to support of, or opposition to, a candidate or a political party is a reference to approval of, or opposition to, the referendum question; (q) sections 391 and 404 are about how a person votes at the referendum, rather than the candidate for whom a person votes; (r) for applying section 407, the reference in section 407(1)(b) to chapter 5 is a reference to chapter 5, part 6 as applied under this division, and is also taken to include a reference to the other provisions of this division. (7) To avoid any doubt, sections 359 and 360 have application. (8) The following additional changes are specified-- (a) for applying section 363A(2) or 364(2), the returning officer need not wait until after 8a.m. on the day before the referendum day or the referendum day to start the preliminary processing of declaration votes under that section, but may start at any time before the referendum day; (b) for applying section 407, an application to the Supreme Court may additionally be made by-- (i) a local government; or (ii) an individual or group of individuals reasonably identified in the community, in the court's opinion, as supporting or opposing the referendum question. (9) Subsections (2) to (8) do not limit by implication the changes that may be prescribed under a regulation. 137 Preliminary A provision of chapter 5, part 6 has no application to the extent it is inconsistent with the replacement provisions in this subdivision. 138 Direction that poll be conducted by postal ballot (1) The Governor in Council may, by gazette notice, direct that the poll for the referendum for the commission's proposed determination of the reviewable local government matter be conducted by postal ballot. (2) The direction may be given for-- (a) all of the affected area; or (b) a part of the affected area marked on a map. (3) The map is open to inspection at the place stated in the gazette notice. 139 Ballot papers If the affected area for the reviewable local government matter is divided into voting areas, a different coloured ballot paper must be used for each voting area. 140 Mode of voting (1) If an affected elector wishes to vote to approve the referendum question, the elector must place a tick in the square opposite the word 'YES' on the ballot paper. (2) If an affected elector wishes to vote to oppose the referendum question, the elector must place a tick in the square opposite the word 'NO' on the ballot paper. (3) An affected elector is taken to have marked a ballot paper in the way mentioned in subsection (1) if the elector-- (a) writes the word 'YES' in the square opposite the word 'YES' on the ballot paper; or (b) otherwise marks the ballot paper in a way clearly showing that the voter approves of the referendum question. (4) An affected elector is taken to have marked a ballot paper in the way mentioned in subsection (2) if the elector-- (a) writes the word 'NO' in the square opposite the word 'NO' on the ballot paper; or (b) otherwise marks the ballot paper in a way clearly showing that the voter opposes the referendum question. (5) For the application of section 325(2)(a), the approved form of ballot paper must allow for the method of voting stated in this section. 141 Effect of ballot paper For a ballot paper to have effect as a vote of an affected elector in the referendum-- (a) the ballot paper must be completed in the way stated in this subdivision; and (b) the ballot paper must not contain any writing or mark (other than a mark authorised under this division) by which the elector can, in the returning officer's opinion, be identified; and (c) the ballot paper must have been put in a ballot box; and (d) for a ballot paper put in a declaration envelope as required under section 351 as applied under this division-- (i) section 351(1) must have been complied with; and (ii) if the elector is an elector mentioned in section 343 or 344 or an applicant who is given an approved declaration form under section 347(4) or an elector who is given an approved declaration form under section 349(2), and the declaration on the envelope is witnessed by a person other than an issuing officer--the signature of the person making the declaration must correspond to the signature of the relevant applicant under section 347, or the relevant elector under section 349; and (iii) if the declaration envelope is posted to the returning officer for the referendum--it must be received by the returning officer within 10 days after the referendum day. 142 Scrutineers (1) For the appointment of scrutineers for the referendum, a reference in section 330, 331 or 333 to a candidate for election is a reference to-- (a) a local government for the affected area for the reviewable local government matter; or (b) an individual or group of individuals reasonably identified in the community, in the returning officer's opinion, as supporting or opposing the referendum question. (2) An individual mentioned may appoint himself or herself as a scrutineer, and a group of individuals may appoint 1 or more of the group as a scrutineer or as scrutineers. (3) For appointing a scrutineer for a group, the appointment may be made on the group's behalf by any of its members. (4) The returning officer may reject an appointment if the returning officer reasonably believes that if more scrutineers are appointed, the efficiency of the conduct of the referendum may be adversely affected. (5) The returning officer may direct 1 or more scrutineers to leave a place if the returning officer reasonably believes that the number of scrutineers at the place may adversely affect the efficiency of the conduct of the referendum. (6) A scrutineer must comply with a direction given under subsection (5). Maximum penalty for subsection (6)--10 penalty units. 143 Referendum cost (1) The cost of conducting the referendum, including the fees and allowances to which the returning officer and assistant returning officer for the referendum are entitled, must be paid by the local governments prescribed under a regulation for the referendum in the way stated in the regulation. (2) An amount required for the cost may, without resolution of a local government, be spent by it whether or not the disbursement is provided for in its budget. (3) An amount may be paid only if the returning officer for the referendum has presented an account to the local government's chief executive officer. 144 Proof of voters roll In a proceeding, a document purporting to be a copy of a voters roll for an affected area, or a voting area of an affected area, and to be certified by the returning officer for the referendum, is evidence of the roll and the matters contained in the roll. 145 Commissioner may direct deputy commissioner to perform commissioner's functions (1) This section applies if the commissioner-- (a) constitutes, or partly constitutes, a commission; and (b) is unable, for any reason, to perform the functions of the commission or a commission member. (2) For the purpose of the commission performing a function or exercising a power, the commissioner may direct the deputy commissioner to act in the place of the commissioner. (3) Anything done by the deputy commissioner in the place of the commissioner is taken to have been done by the commissioner as constituting the commission or as a commission member. 146 Appointment (1) The Governor in Council is to appoint qualified individuals as review commissioners. (2) The Governor in Council may appoint the number of review commissioners the Governor in Council considers necessary. (3) An initial appointment as a review commissioner may be made only if the Minister has consulted with the Local Government Association about it. (4) A person is qualified for appointment as a review commissioner only if the person-- (a) has extensive knowledge and experience in local government, public administration, law, public finance or community affairs; or (b) has other qualifications and experience the Governor in Council considers appropriate. (5) A person is not qualified for appointment as a review commissioner if the person-- (a) is a member of an Australian Parliament; or (b) is a nominee for election as a member of an Australian Parliament; or (c) is a councillor; or (d) is a nominee for election as a councillor; or (e) accepts appointment as a councillor; or (f) is a member of a political party. 147 Duration of appointment A review commissioner may be appointed for a term not longer than 3 years. 148 Definition for sdiv 3 In this subdivision-- commissioner means a review commissioner or the chairperson of a special commission. 149 Terms of appointment (1) A commissioner is entitled to be paid the remuneration and allowances the Governor in Council may decide. (2) A commissioner holds office on the terms, not provided in this Act, the Governor in Council decides. 150 Resignation A commissioner may resign by giving a signed notice of resignation to the Minister. 151 Termination of appointment (1) The Governor in Council may terminate the appointment of a commissioner for misbehaviour or physical or mental incapacity. (2) The Governor in Council must terminate the appointment of a commissioner if the person-- (a) nominates for election to an Australian Parliament; or (b) nominates for election to a local government or accepts appointment as a local government councillor; or (c) becomes a member of a political party; or (d) becomes bankrupt, applies to take the benefit of a law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for their benefit; or (e) contravenes section 74 without reasonable excuse. 152 Staff and administrative support The electoral commission must ensure that a commission has the staff and administrative support services required to carry out its functions effectively and efficiently. 153 Annual reports (1) As soon as practicable, but not later than 4 months, after the end of each financial year, the commissioner must give to the Minister a report of Local Government Electoral and Boundaries Review Commissions' operations for the year (the review commissions' report). (2) The electoral commission's annual report prepared under the Electoral Act 1992, section 19, for the year must include the review commissions' report. 154 Certain reports to be tabled etc. (1) In this section-- report means a report on a major or minor reference of a reviewable local government matter. (2) The Minister must table a copy of a commission's report in the Legislative Assembly within 7 sitting days after receiving it. 155 Reports open to inspection and available for purchase The commissioner must ensure copies of each commission's report on a reviewable local government matter or a limited reviewable local government matter-- (a) are open to inspection at the electoral commission's office at Brisbane; and (b) are available for purchase at the electoral commission's office at Brisbane for 6 months after-- (i) for a report on a major or minor reference of a reviewable local government matter--it is tabled in the Legislative Assembly; or (ii) for a report on a limited reviewable local government matter--notification of the commission's determination under section 109 or 110. 156 Additional procedures may be prescribed by regulation A regulation may be made about additional procedures for the following-- (a) major and minor references of reviewable local government matters; (b) applications relating to limited reviewable local government matters. 157 Implementation of reviewable local government matter (1) A reviewable local government matter may be implemented by regulation. (2) A regulation may provide for-- (a) holding, postponing or cancelling an election for a local government area or a division of a local government area; or (b) appointing a returning officer for an election; or (c) recovering unpaid rates; or (d) exempting a local government from the requirement to prepare and adopt a corporate or operational plan or a revenue policy, and the application of this Act because of the exemption; or (e) the application of budgets; or (f) giving or keeping records; or (g) implementation issues for the matter; or (h) the giving of directions by the Governor in Council or the Minister about a matter; or (i) the transfer of assets and liabilities; or (j) in the case of a reviewable local government matter the subject of a delayed implementation determination--payment by a local government for not adequately supplying services and facilities in the interim period for the matter in a part of a local government area that, under the matter, has been, or is to be, transferred from 1 local government area to another local government area; or (k) any other matter for which-- (i) it is necessary or convenient to provide to implement the reviewable local government matter; and (ii) this Act does not make provision or adequate provision. (3) Subsection (2)(a) has effect subject to section 408(3). (4) A regulation under subsection (2)(a) applies despite sections 269 and 270. (5) Chapter 5 applies to an election for the implementation of a reviewable local government matter with all necessary changes and any changes prescribed by regulation as if the election were an election of the appropriate type. (6) In this section-- division includes a proposed division. interim period, for a reviewable local government matter the subject of a delayed implementation determination, means the period from the notification of the determination by gazette notice to the conclusion of the election, at the next quadrennial elections, of all councillors for the local governments affected by the determination. local government area includes a proposed local government area. 158 Requirement before implementation (1) A reviewable local government matter may be implemented under section 157 only if the commissioner, and the commission that determined the matter, have complied with this Act in relation to the matter. (2) For the purposes of subsection (1), strict compliance with this Act is not necessary and substantial compliance is sufficient. 159 Liability for State taxes (1) A local government is not liable to pay a State tax in relation to a transfer or other arrangement made to implement a reviewable local government matter under this division. (2) In this section-- State tax means a tax, other than duty under the Duties Act 2001, fee, levy or charge imposed under an Act. 159YA Application of pt 1B (1) This part does not apply to the Brisbane City Council. (2) This part applies to a Torres Strait Islander local government. (3) This part does not apply to a joint local government. (4) Subsection (3) does not prevent a reform implementation regulation from making provision for joint local governments. 159YB Objectives of pt 1B (1) This part has a number of objectives. (2) Firstly an objective of this part is the objective stated for part 1A in section 159B. (3) Secondly, an objective of this part is to implement decisions for the structural reform of local governments, which reform includes-- (a) following the making of recommendations by the reform commission under part 1A, the establishment of particular local government areas to replace particular existing local government areas; and (b) the creation of new structural and governance arrangements. (4) Thirdly, an objective of this part is to provide for the transition of existing local governments to the new arrangements. 159YC Operation of pt 1B in relation to pt 1 To remove any doubt, it is declared that the requirements applying under part 1 for the implementation of reviewable local government matters do not apply to the implementation of a reform matter under this part. 159YD Definitions for pt 1B In this part-- adjusted local government means a local government whose local government area is an adjusted local government area. adjusted local government area means a local government area that under this part is changed by-- (a) the inclusion of an area in it; or (b) the exclusion of an area from it. area map means a map or group of maps showing 1 or more of the following-- (a) the external boundaries of a local government area; (b) the division boundaries of a local government area that is divided; (c) a transferring area. caretaker period, for an election for a new local government, means the election period for the election. changeover day see section 159YE. chief returning officer means the commissioner. continuing local government means a local government whose local government area is a continuing local government area. continuing local government area see section 159YK. division arrangements regulation means a regulation under section 159YH, 159YJ or 159YL. employee, for division 7, see section 159ZE. existing local government means a local government whose local government area is an existing local government area. existing local government area means a local government area as in existence on the commencement of this section. function includes power. local transition committee means-- (a) for a new local government area--a local transition committee established for the area under section 159YR; and (b) for division 9--see section 159ZP. major policy decision, for a merging local government, means a decision-- (a) about the appointment of a chief executive officer of the local government; or (b) about the remuneration of the chief executive officer of the local government; or (c) to terminate the employment of the chief executive officer of the local government; or (d) to enter into a contract, other than a contract between the local government and the State or the Commonwealth, the total value of which is more than the greater of the following-- (i) $150000; (ii) 1% of the local government's net rate and utility charges as stated in the local government's audited financial statements included in the local government's most recently adopted annual report. merging local government means an existing local government whose local government area is a merging local government area. merging local government area means an existing local government area all or part of which, under this part, is abolished to become part of a new local government area. Note-- Existing local government areas part of which, under this part, are abolished to become part of a new local government area are the existing local government areas of Beaudesert Shire Council, Ipswich City Council, Taroom Shire Council, Tiaro Shire Council and Torres Shire Council. new local government means a local government whose area is a new local government area. new local government area see section 159YG. reform implementation regulation see section 159YQ. reform matter means anything that takes effect under division 2. State Transition Committee see section 159ZZ. transferring area means transferring area A, B, C, D, E, F, G, H, I, J, K, L or M. transferring area A means-- (a) generally, the northern urban areas of the existing local government area of the Beaudesert Shire Council; and (b) more particularly, the area marked as transferring area A on area map LGTA1. transferring area B means-- (a) generally, the southern rural areas, including the Town of Beaudesert and the Tamborine area, of the existing local government area of the Beaudesert Shire Council; and (b) more particularly, the area marked as transferring area B on area map LGTA2. transferring area C means-- (a) generally, the Harrisville/Peak Crossing area of the existing local government area of the Ipswich City Council; and (b) more particularly, the area marked as transferring area C on area map LGTA3, edition 2. transferring area D means-- (a) generally, all parts of the local government area of the Gold Coast City Council north of the Albert River, including the Beenleigh/Eagleby areas; and (b) more particularly, the area marked as transferring area D on area map LGTA4. transferring area E means-- (a) generally, division 1 (the Town of Taroom) of the existing local government area of the Taroom Shire Council; and (b) more particularly, the area shown as division 1 on area map LGB119, edition 1. transferring area F means-- (a) generally, division 2 (the Wandoan area) of the existing local government area of the Taroom Shire Council; and (b) more particularly, the area shown as division 2 on area map LGB119, edition 1. transferring area G means-- (a) generally, divisions 1 and 2 (the northern area) of the existing local government area of the Tiaro Shire Council; and (b) more particularly, the area shown as divisions 1 and 2 on area map LGB121, edition 2. transferring area H means-- (a) generally, division 3 (the Theebine/Gunalda areas) of the existing local government area of the Tiaro Shire Council; and (b) more particularly, the area shown as division 3 on area map LGB121, edition 2. transferring area I means-- (a) generally, the areas of Sweers Island and Bountiful Islands; and (b) more particularly, the area marked as transferring area I on area map LGTA5. transferring area J means-- (a) an area included in the existing local government area of the Cook Shire Council; and (b) more particularly, the area marked as transferring area J on area map LGTA6. transferring area K means-- (a) an area included in the existing local government area of the Cook Shire Council; and (b) more particularly, the area marked as transferring area K on area map LGTA7. transferring area L means the council areas described in the Community Services (Torres Strait) Regulation 1998, schedule 1A, other than the Bamaga council area and the Seisia council area, to the extent the council areas are part of the existing local government area of the Torres Shire Council. transferring area M means the Bamaga council area and the Seisia council area, as described in the Community Services (Torres Strait) Regulation 1998, schedule 1A, to the extent the council areas are part of the existing local government area of the Torres Shire Council. transferring area local transition committee, for a transferring area, means a transferring area local transition committee established for the area under section 159YY. transition action plan see section 159Z. transition matter means any matter relevant to the coming into effect or the implementation of a reform matter. transition period, for division 10, see section 159ZU. type 1 election see section 159ZK. type 2 election see section 159ZK. type 3 election see section 159ZK. 159YE Changeover day (1) The changeover day, for a new, adjusted or continuing local government area, is the day that is the conclusion of the last 2008 quadrennial election held for any councillor for the new, adjusted or continuing local government area under division 8. (2) However, the Minister may, by gazette notice, advise an earlier or later day as the changeover day for a particular new, adjusted or continuing local government area. (3) If the Minister advises a later or earlier day as the changeover day for a particular new, adjusted or continuing local government area, a provision of this part that refers to the changeover day for a new, adjusted or continuing local government area applies to the particular new, adjusted or continuing local government area on the basis that its changeover day is the day advised. 159YF Operation of sch 1A (1) Each area map mentioned in schedule 1A, in the definition of a transferring area or in a division arrangements regulation-- (a) is identified by a map number marked on the map; and (b) may be inspected without fee at the office of the department in Brisbane. Editor's note-- A copy of each area map is also available on the department's website. (2) A map stated in schedule 1A is fully effective to identify the external boundaries of a new, adjusted or continuing local government even if the map bears a name that is different from the name stated for the local government area in the schedule. 159YG Establishment of new local government areas (sch 1A, pt 1) (1) A local government area (a new local government area) is established for the part of the State specified in each area map stated in schedule 1A, part 1, column 3. (2) Each existing local government area is abolished, to the extent the area is the same as an area included in a part of the State mentioned in subsection (1). (3) The establishment of a new local government area under subsection (1), and the corresponding abolition under subsection (2) of any existing local government area and of any part of an existing local government area, takes effect on the changeover day for the new local government area. 159YH Operation of sch 1A, pt 1 Each item of schedule 1A, part 1 lists and describes a new local government on its changeover day as follows-- (a) its local government area has the name stated in schedule 1A, part 1, column 1; (b) it is a local government of the class stated in schedule 1A, part 1, column 2; (c) it has the local government area shown in the area map stated in schedule 1A, part 1, column 3; (d) if the entry in schedule 1A, part 1, column 4 states 'area not divided', its local government area is not divided into divisions; (e) if the entry in schedule 1A, part 1, column 4 states division numbers-- (i) its local government area is divided into divisions that have the division boundaries shown in the area map stated in schedule 1A, part 1, column 3; and (ii) it has the number of councillors assigned to each division as stated in the entry in schedule 1A, part 1, column 4; (f) if the entry in schedule 1A, part 1, column 4 states 'divided'-- (i) its local government area is divided into divisions that have the division boundaries shown in an area map stated in a regulation; and (ii) it has 1 councillor (other than the mayor) assigned to each division; (g) it has the composition stated in schedule 1A, part 1, column 5. 159YHA Particular entities go out of existence Each merging local government whose local government area is totally abolished under this part goes out of existence immediately the abolition of the local government area is complete. Examples-- Calliope Shire Council goes out of existence on the changeover day for the new local government area of Gladstone. Taroom Shire Council goes out of existence on the changeover day for the adjusted local government area of Banana or on the changeover day for the new local government area of Dalby, whichever day is the later. Note-- This section does not apply to Ipswich City Council or Torres Shire Council as their respective merging local government areas are not totally abolished under this part. 159YI Transfer of transferring areas (1) Transferring area A is excluded from the existing local government area of the Beaudesert Shire Council and is included in the existing local government area of the Logan City Council. (2) Transferring area D is excluded from the existing local government area of the Gold Coast City Council and is included in the existing local government area of the Logan City Council. (3) Transferring area E is excluded from the existing local government area of the Taroom Shire Council and is included in the existing local government area of the Banana Shire Council. (4) Transferring area I is included in the existing local government area of the Mornington Shire Council. (5) Transferring area J is excluded from the existing local government area of the Cook Shire Council and is included in the existing local government area of Wujal Wujal Shire Council. (6) Transferring area K is excluded from the existing local government area of the Cook Shire Council and is included in the existing local government area of Hope Vale Shire Council. (7) The exclusion and inclusion of a transferring area under subsections (1), (2), (3), (5) or (6), and the inclusion of a transferring area under subsection (4), takes effect on the changeover day for the adjusted local government area resulting from the exclusion or inclusion. 159YJ Operation of sch 1A, pt 2 (1) Each item of schedule 1A, part 2 lists and describes a local government whose local government area becomes an adjusted local government area because of-- (a) any inclusion or exclusion of a transferring area under this subdivision; or (b) the inclusion of a transferring area in the local government area of a new local government under subdivision 2. (2) Each item of schedule 1A, part 2 lists and describes an adjusted local government on its changeover day as follows-- (a) its local government area has the name stated in schedule 1A, part 2, column 1; (b) it is a local government of the class stated in schedule 1A, part 2, column 2; (c) it has the local government area shown in the area map stated in schedule 1A, part 2, column 3; (d) if the entry in schedule 1A, part 2, column 4 states 'area not divided', its local government area is not divided into divisions; (da) if the entry in schedule 1A, part 2, column 4 states division numbers-- (i) its local government area is divided into divisions that have the division boundaries shown in the area map stated in schedule 1A, part 2, column 3; and (ii) it has the number of councillors assigned to each division as stated in the entry in schedule 1A, part 2, column 4; (e) if the entry in schedule 1A, part 2, column 4 states 'divided'-- (i) its local government area is divided into divisions that have the division boundaries shown in an area map stated in a regulation; and (ii) it has 1 councillor (other than the mayor) assigned to each division; (f) it has the composition stated in schedule 1A, part 2, column 5. 159YK Changes applying to continuing local government areas (1) Each local government area (a continuing local government area) mentioned in schedule 1A, part 3 is a local government area whose external boundaries are not changed under this division. (2) Each continuing local government area whose existing division and composition arrangements are different from those stated for it in schedule 1A, part 3 is changed to the arrangements for its division and composition as stated for it in the part. (3) Each change under subsection (2) takes effect on the changeover day for the continuing local government area. (4) For completeness, schedule 1A, part 3 includes details of all continuing local government areas, even if their division and composition arrangements are not changed under subsection (2). 159YL Operation of sch 1A, pt 3 Each item of schedule 1A, part 3 lists and describes a continuing local government on its changeover day as follows-- (a) its local government area has the name stated in schedule 1A, part 3, column 1; (b) it is a local government of the class stated in schedule 1A, part 3, column 2; (c) it has the local government area shown in the area map stated in schedule 1A, part 3, column 3; (d) if the entry in schedule 1A, part 3, column 4 states 'area not divided', its local government area is not divided into divisions; (e) if the entry in schedule 1A, part 3, column 4 states 'divided'-- (i) its local government area is divided into divisions that have the division boundaries shown in an area map stated in a regulation; and (ii) it has 1 councillor (other than the mayor) assigned to each division; (f) it has the composition stated in schedule 1A, part 3, column 5. 159YM Limit of division arrangements regulation (1) A division arrangements regulation must not affect, or purport to change-- (a) the name, class, or composition of a new, adjusted or continuing local government as provided for in division 2, 3 or 4 and schedule 1A, part 1, 2 or 3; or (b) the external boundaries of the local government area of a new, adjusted or continuing local government as provided for in division 2, 3 or 4 and schedule 1A, part 1, 2 or 3. (2) Subsection (1) does not prevent the regulation from stating a new area map as the map identifying the external boundaries of a local government area. Example-- a later edition of an area map that now includes division boundaries (3) A division arrangements regulation must not be stated to apply to a local government other than a new, adjusted or continuing local government area whose entry in schedule 1A, part 1, 2 or 3, column 4 states 'divided'. (4) A division arrangements regulation may be included in a reform implementation regulation and need not be specifically identified as being a division arrangements regulation. (5) However, 1 or more division arrangements regulations, providing for all matters required to be provided for under a division arrangements regulation, must be made as soon reasonably practicable after the Minister receives notice of any commissioner's decision about division boundaries under subdivision 6. (6) The division boundaries for a new, adjusted or continuing local government area provided for in a division arrangements regulation must be the boundaries decided by the commissioner under subdivision 6. (7) Failure to comply with subsection (5) does not affect a regulation's validity. 159YN Regulation for declaring information about local governments (1) A regulation may at any time, whether before or after the changeover day for any new, adjusted or continuing local government, declare and update relevant information about existing, new, adjusted or continuing local governments. Example-- The regulation may identify an area map for a new local government area that takes the place of 2 superseded area maps. (2) In this section-- relevant information means information of the type included in schedule 1A. 159YO Commissioner to decide division boundaries (1) This section applies in relation to each new, proposed or continuing local government area whose entry in schedule 1A, part 1, 2 or 3, column 4 states 'divided'. (2) The commissioner must decide the division boundaries to apply for the local government area for the 2008 quadrennial elections. (3) The commissioner must decide the boundaries under subsection (2) as soon as possible, but in any event not later than 15 September 2007. (4) The commissioner must advise the Minister of the commissioner's decision for each new, adjusted or continuing local government area as soon as possible after the decision is made. (5) Before deciding the division boundaries, the commissioner must-- (a) publish a notice in a newspaper circulating generally in the local government area inviting submissions from interested persons about what the boundaries should be; and (b) advise in the notice that submissions must be received within 7 days after the publication of the notice; and (c) consider all submissions received within the time required under paragraph (b). (6) For deciding the divisions of the local government area, the commissioner must-- (a) decide the total number of electors for the new, adjusted or continuing local government area on the basis of the enrolment information most recently available to the commissioner; and (b) apply the principles stated in sections 285 and 286(2) for calculating a quota and allowing for departure from the quota. 159YP Review of commissioner's decision (1) A decision of the commissioner under this division-- (a) is final and conclusive; and (b) can not be challenged, appealed against, reviewed, quashed, set aside, or called into question in another way, under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and (c) is not subject to any writ or order of the Supreme Court, another court, a tribunal or another entity on any ground. (2) Without limiting subsection (1), a person may not bring a proceeding for an injunction or any other order to stop or otherwise restrain the performance of a designated act, or for a declaration about the validity of a designated act. (3) In this section-- decision includes-- (a) conduct engaged in to make a decision; and (b) conduct related to making a decision; and (c) failure to make a decision. designated act means an act of the commissioner, including the act of advising the Minister of a decision under this division, the performance of which is authorised, or purportedly authorised, under this division. 159YQ Reform implementation regulations (1) A regulation (a reform implementation regulation) may be made under this part to support the coming into effect of any reform matter. (2) Part 1, division 10 applies to a reform implementation regulation as if it were a regulation implementing a reviewable local government matter under part 1. (3) However, the following provisions do not apply under subsection (2)-- (a) section 157(2)(a), (b) and (j) and (3) to (6); (b) section 158. (4) For applying section 157(2)(g) and schedule 2, definition implementation issues, the reference in the definition to a reviewable local government matter mentioned in section 64(1)(a), (c), (e) or (f) may be taken to be a reference to any reform matter. (5) Without limiting section 157(2)(k) or schedule 2, definition implementation issues, paragraph (e), as applied under subsections (1) to (4), a reform implementation regulation may include provision for any of the following-- (a) how and to what extent, from its changeover day-- (i) any new local government is the successor of any existing local government; and (ii) any adjusted local government is the successor of any existing local government in relation to any transferring area; (b) how and to what extent functions of any existing local governments are, from changeover day for a new or adjusted local government area, to be exercised by the new or adjusted local government or by any other entity; (c) the continuing operation of delegations made by existing local governments; (d) the continuation of employment of employees of existing local governments by new or adjusted local governments; (e) requirements for the preparation of financial statements for existing local governments that under this part are merging local governments or become adjusted local governments and for the auditing of and reporting on the financial statements by the auditor-general; (f) obligations of existing local governments that under this part become adjusted local governments relating to the transition of transferring areas; (g) empowering and directing the Local Government Grants Commission to make decisions about the allocation of employees, assets, liabilities and property of any kind between local governments whose areas have a transferring area included in them or excluded from them; (h) payment by an existing local government or a successor of an existing local government for a failure of the existing local government to adequately supply services and facilities in its local government area in the period between the commencement of this section and the changeover day for a new or adjusted local government; (i) dealing with the custody of records under the control of existing local governments; (j) references in documents to existing local governments; (k) recording in registers kept under any Act the vesting of property affected by the regulation; (l) dealing with legal proceedings by or against an existing local government. (6) A reform implementation regulation under subsection (5)(g) may direct whether, and if so to what extent, part 3, divisions 3 to 5 applies to the commission for the purposes of making decisions under the regulation. 159YQA Other transitional regulation-making power (1) A regulation (a transitional regulation) may make provision of a saving or transitional nature for the operation of this Act in relation to a new local government or an adjusted local government if this Act does not make provision or sufficient provision. (2) A transitional regulation may have retrospective operation to a day not earlier than the changeover day. (3) A transitional regulation must declare it is a transitional regulation. 159YR Establishment and composition of local transition committees for new local governments (1) Each merging local government whose local government area will, on the changeover day for a new local government area, partly or completely, be abolished to form part of the new local government area must take all necessary action to establish a local transition committee for the new local government area as required by this division. (2) The local transition committee for the new local government area must be made up of-- (a) representatives of each merging local government, consisting of 2 councillors of the local government, nominated by the local government; and (b) up to 3 union representatives, as agreed by the relevant unions, with each representative being nominated by a relevant union; and (c) after the committee appoints the interim chief executive officer for the new local government--the interim chief executive officer. (3) However, a local transition committee must be made up in the way stated in schedule 1B for each of the following new local government areas-- (a) Cassowary Coast Regional Council; (b) Torres Strait Island Regional Council. (4) The local transition committee may from time to time include on the committee, as voting members of the committee, other persons the committee considers are suitable to represent the views of the community within the new local government area. (5) In this section-- relevant union means-- (a) the Australian Services Union; or (b) the Australian Workers' Union Queensland; or (c) the Queensland Council of Unions. 159YS Guidelines for local transition committees (1) The chief executive may publish guidelines on the department's website for the establishment and operation of local transition committees. (2) The guidelines may include the following-- (a) particulars about how local transition committees are to be established; (b) explanations about local transition committees' functions; (c) the establishment and conduct of subcommittees of local transition committees; (d) how interim chief executive officers of local transition committees are to be appointed; (e) explanations about the functions of interim chief executive officers; (f) the content and preparation of transition action plans. (3) If a State Transition Committee has been established, the chief executive must, before publishing the guidelines, consult on the content of the guidelines with the committee. (4) It is the responsibility of each local transition committee, including of each member of a local transition committee, to ensure, to the greatest practicable extent, that the local transition committee acts in conformity with the guidelines. 159YT Responsibility to act in public interest (1) The members of a local transition committee must act in the public interest of the new local government area for which it is established. (2) If, for a member of a local transition committee, a conflict arises between the public interest mentioned in subsection (1) and the member's private interest, the member must act in a way that gives preference to the public interest. (3) For a member of a local transition committee who is also a councillor, section 229(2) and (3) applies subject to subsection (2). 159YU Functions of local transition committee The functions of a local transition committee for a new local government area are-- (a) to appoint an interim chief executive officer for the new local government for the new local government area as provided for in this division; and (b) to oversee the implementation of an approved framework for managing industrial relations and workforce transition in the period leading up to the 2008 quadrennial elections; and (c) to oversee the preparation of a transition action plan; and (d) to inform the local governments required to be represented on the committee, and the community generally, to promote a full understanding of the processes for establishing the new local government; and (e) to approve an interim executive organisational structure for the new local government for the new area; and (f) to provide guidance and support to the local governments required to be represented on the committee for resolving issues in the period leading up to the 2008 quadrennial elections; and (g) to establish financial and administrative arrangements for its own operation. 159YV First meeting of local transition committee and public notification (1) The first meeting of a local transition committee must be held as soon as possible after the commencement of this section. (2) At the first meeting of a local transition committee, the members must elect a member of the committee who is also a councillor to be the chairperson of the committee. (3) A local transition committee must, not later than 30 days after the commencement of this section, notify, in a newspaper circulating generally in the area to become the local government area of the new local government, information about the local transition committee, including the following information-- (a) the name of each member of the local transition committee; (b) the name of the chairperson of the local transition committee; (c) contact information for the local transition committee. (4) A local transition committee must, within 7 days after a notice notifying the required information under subsection (3) is published, forward a copy of the notice to the chief executive. 159YW Appointment of interim chief executive officer for new local government (1) A local transition committee for a new local government area must appoint an interim chief executive officer for the new local government for the new area. (2) The appointment must be made as soon as possible after the committee's first meeting, but in any event, within 30 days after the first meeting. (3) The appointment may be made by way of seconding an employee of a local government required to be represented on the committee to the role of interim chief executive officer. (4) If the interim chief executive officer appointed is an employee of a local government required to be represented on the committee, the local government must continue to employ the person on the terms the committee reasonably requires, even though the person is required to perform functions as interim chief executive officer for the new local government. (5) If the interim chief executive officer appointed is not an employee of a local government required to be represented on the committee, the committee must nominate 1 or more of the local governments to be the employer of the interim chief executive officer. (6) However, for the new local government of Torres Strait Island Regional Council, if the interim chief executive officer appointed is not an employee of a local government required to be represented on the committee, the Island Coordinating Council under the Community Services (Torres Strait) Act 1984 must be the employer of the interim chief executive officer. (7) The nominated local government must employ the person, on the terms the committee reasonably requires, to perform functions as interim chief executive officer for the new local government. 159YX Employment subcommittee (1) Each local transition committee must create, and appoint the members of, an employment subcommittee. (2) An employment subcommittee must consist of-- (a) a representative of each union whose members include employees of a local government required to be on the local transition committee; and (b) other persons nominated by the local governments required to be represented on the local transition committee. (3) An employment subcommittee has the function of advising its local transition committee about staffing matters arising because of the implementation of the reform matters. (4) In this section-- union means an employee association registered as an organisation under the Industrial Relations Act 1999. 159YY Establishment and composition of transferring area local transition committees (1) The local governments stated in this section must take all necessary action to establish transferring area local transition committees as provided for in this section. (2) The Logan City Council and the Beaudesert Shire Council must establish a transferring area local transition committee for transferring area A. (3) The Logan City Council and the Gold Coast City Council must establish a transferring area local transition committee for transferring area D. (4) The Banana Shire Council and the Taroom Shire Council must establish a transferring area local transition committee for transferring area E. (5) A transferring area local transition committee must be made up in the way stated in schedule 1C. 159YZ Functions of transferring area local transition committee (1) Subdivision 1 applies to a transferring area local transition committee to the greatest practicable extent as if it were a local transition committee established under subdivision 1. (2) Without limiting subsection (1), subdivision 1 applies as if the transition to a new local government area were the transition of a transferring area from 1 local government area to another. (3) However, a transferring area local transition committee must not appoint an interim chief executive officer. 159Z Transition action plans for new local government area (1) The interim chief executive officer for each new local government must prepare a plan (a transition action plan) that provides details of how the transition to the new local government area is to be successfully achieved, including by ensuring that the momentum for the change is maintained and that the new local government is able to act effectively from the changeover day for the new local government area. (2) The interim chief executive officer must prepare the transition action plan in the period between appointment as the interim chief executive officer and the changeover day. (3) In preparing the plan, the interim chief executive officer must consult with the chief executive officers of the merging local governments for the new local government area. 159ZA Guidelines for transition action plans (1) The chief executive may publish on the department's website guidelines for transition action plans. (2) The interim chief executive officer for a new local government must ensure that the transition action plan prepared by the officer is, and is prepared, to the greatest practicable extent in conformity with the guidelines. 159ZB Functions of interim chief executive officer before changeover day (1) In the period from the appointment of the interim chief executive officer for a new local government until immediately before the changeover day for the new local government area for the new local government, the interim chief executive officer must oversee all aspects of establishing the new local government. (2) Without limiting subsection (1), the interim chief executive officer must-- (a) develop a draft organisational structure for the new local government; and (b) develop and implement a strategy for ensuring staff of the merging local governments are informed about and are able to contribute to the resolution of issues arising in relation to the transition to the new local government; and (c) review and assess existing systems and identify areas of concern for the transition to the new local government; and (d) work collaboratively with the local transition committee of which the interim chief executive officer is a member to ensure there is adequate preparation for the 2008 quadrennial elections for the new local government area; and (e) prepare a proposed interim staffing strategy and budget for the new local government; and (f) for facilitating the transition to the new local government, establish effective communication and consultation processes, including for example with the following-- (i) councillors of merging local governments; (ii) employees, and organisations representing employees, of merging local governments; (iii) community leaders; (iv) the community generally. (3) The interim chief executive officer has no role or function in relation to the day to day operations of any existing local government, including any existing local government of which the interim chief executive officer was previously the chief executive officer. (4) In addition to the functions of an interim chief executive officer stated in subsections (1) and (2), the interim chief executive officer for each of the new local governments of the Northern Peninsula Area Regional Council and the Torres Strait Island Regional Council must conduct the elections of the members of the community forums for the new local government. 159ZC Responsibility of chief executive officer to help interim chief executive officer (1) The chief executive officer of an existing local government must, as required in this section, take all necessary action to give help to the interim chief executive officer of a new local government in relation to which the existing local government is a merging local government. (2) The chief executive officer must give the interim chief executive officer all the help the interim chief executive officer reasonably needs to perform the officer's functions, including any help the interim chief executive officer reasonably requires to be given. (3) Without limiting subsection (2), the chief executive officer must act in a timely way to give the interim chief executive officer all financial statements and other financial information relating to the merging local government. 159ZD Functions of interim chief executive officer from changeover day (1) On the changeover day for a new local government area, the person who, immediately before the changeover day was the interim chief executive officer for the new local government-- (a) becomes the acting chief executive officer of the new local government; and (b) in addition to the officer's functions as the acting chief executive officer of the new local government, retains all the functions the officer had as the interim chief executive officer; and (c) becomes an employee of the new local government on the same terms and conditions as the officer was employed as the interim chief executive officer. (2) Unless the officer's employment as acting chief executive officer is otherwise ended, the officer holds the appointment as acting chief executive officer until the new local government appoints a chief executive officer. (3) The new local government must take all reasonable steps to ensure it appoints a chief executive officer within 6 months after the changeover day. 159ZE Definition for div 7 (1) In this division-- employee, of a local government, does not include a person who, in the context of local government employment, is a casual or temporary employee, other than a long term casual or temporary employee, of the local government. (2) In this section-- long term casual or temporary employee, of a local government, means a casual or temporary employee of the local government who has been employed by the local government, or by the local government and its predecessor local government, on a regular and systematic basis, for several periods of employment, for at least 1 year immediately before the issue arises as to whether the employee is a long term casual or temporary employee. predecessor, of a local government, means an existing local government that, under a reform implementation regulation, is the predecessor of the local government. 159ZF Application of div 7 (1) This division applies to any local government as in existence at any time between the commencement of this section and 16 March 2011. (2) However, this division does not apply to-- (a) an existing local government that under this part becomes a continuing local government; or (b) a continuing local government. (3) This division applies to a person as an employee of a local government, other than the chief executive officer of a local government. 159ZG Prohibition on retrenchment because of reform matter implementation (1) A local government must not take any action to end an employee's employment with the local government if the action is taken, whether completely or partly and whether directly or indirectly, because of the taking effect under this Act of a reform matter. (2) For deciding whether a local government has contravened subsection (1), the reason given by a local government for taking action to end a person's employment must be considered but is not conclusive. (3) Subsection (1) applies only to an action taken before 16 March 2011. (4) In this section-- reform matter includes a matter included in a reform implementation regulation. 159ZH Local government workforce transition code of practice (1) The Minister may approve codes of practice (workforce transition codes of practice) directed at ensuring the proper transition of local government workforces from any existing local government to any new or adjusted local government as in existence after the changeover day for the new or adjusted local government area. (2) Without limiting subsection (1), a workforce transition code of practice may establish employment terms and conditions for employees, that are consistent with-- (a) firstly, the essential principles stated in subsection (3); and (b) secondly, the supporting principles stated in subsection (4). (3) The essential principles are that-- (a) service delivery levels should be maintained or enhanced; and (b) as far as possible, the locations at which local government employees perform their work should not be changed. (4) The supporting principles are that-- (a) employment security for local government employees should be maximised; (b) local government staff should be retained to the maximum extent achievable; (c) the impact of reform matters on local government employees should be minimised; (d) there should be maximum employee involvement in the implementation of the reform matters as they affect employees; (e) contracts of employment should be honoured; (f) there should be maximum support given to employees; (g) employees should be treated fairly and with respect; (h) merit and equity should apply in all appointments; (i) there should be prompt and sensitive dispute resolution; (j) there should be no overall loss of employment across the local government employment sector; (k) there should be no overall reduction in working conditions for any employee; (l) there should be no overall disadvantage to an employee in relation to the employee's working conditions. (5) It is the responsibility of each local government to ensure, to the extent a workforce transition code of practice applies to the local government, that the local government acts in conformity with the code of practice. (6) A workforce transition code of practice, whether made before or after the commencement of this subsection, is not subordinate legislation, but is a statutory instrument. 159ZI When workforce transition code of practice takes effect (1) The Minister must notify the making of a workforce transition code of practice. (2) A workforce transition code of practice takes effect-- (a) on the day the Minister's notice is notified or published in the gazette; or (b) if a later day is stated in the Minister's notice or the workforce transition code of practice--on that day. (3) A notice mentioned in subsection (2) is subordinate legislation. 159ZJ Quadrennial elections in 2008 to be held on 15 March instead of 29 March (1) For 2008, and despite section 269(2), the date for the holding of each quadrennial election is 15 March 2008. (2) A different date may be fixed by regulation under section 269(3) for all quadrennial elections, or for 1 or more particular quadrennial elections, to be held in 2008. 159ZK Holding of 2008 quadrennial elections (1) The 2008 quadrennial elections for the mayors and councillors of all new, adjusted and continuing local governments must be held under chapter 5 -- (a) as if all reform matters took effect on the commencement of this section; and (b) subject to any requirements of this part applying to the elections; and (c) subject to any necessary changes, including any changes stated in this part, about the way chapter 5 applies to the elections. (2) Each 2008 quadrennial election for a new local government is a type 1 election. (3) Each 2008 quadrennial election for an adjusted local government is a type 2 election. (4) Each 2008 quadrennial election for a continuing local government is a type 3 election. (5) The exclusion, under the Local Government (Community Government Areas) Act 2004, section 11(2), of the application of chapter 5 to a community government area or the community government for an area has no effect for the 2008 quadrennial elections. 159ZL Conduct of 2008 quadrennial elections by electoral commission (1) The 2008 quadrennial elections of the mayor and other councillors for all new, adjusted and continuing local governments must be conducted by the electoral commission. (2) For the elections, the commissioner is to be known as the chief returning officer. (3) The chief returning officer has overall responsibility for the proper conduct of the 2008 quadrennial elections. (4) A returning officer's responsibility for the proper conduct of an election is subject to subsection (3) and the further provisions of this section. (5) The chief returning officer may appoint and employ the returning officer and assistant returning officers for each election. (6) However, the chief returning officer may-- (a) perform or exercise any of the functions of a returning officer appointed and employed under subsection (4) instead of the returning officer; and (b) give any reasonable directions to a returning officer or assistant returning officer about the performance of the officer's functions. (7) Without limiting subsection (6), the chief returning officer may-- (a) decide the places at which nominations are to be received; and (b) take any necessary action, including requiring the help of a local government, to ensure the proper conduct of the 2008 quadrennial elections. (8) The chief executive officer of a local government must give all the help the chief returning officer reasonably requires, including providing access to and use of facilities of the local government. (9) The chief returning officer may approve forms for use under this Act for the purposes of the conduct of the 2008 quadrennial elections. 159ZM Changed application of s 220 for Northern Peninsula Area and Torres Strait Island regional councils For applying section 220(1)(a) to the local government areas of the Northern Peninsula Area Regional Council and the Torres Strait Island Regional Council-- (a) a person is qualified to become a councillor, other than the mayor, of the Northern Peninsula Area Regional Council only if the person lives in the particular division for which the person is to be a candidate; and (b) a person is qualified to become a councillor, including the mayor, of the Torres Strait Island Regional Council only if the requirements stated in part 1C, division 2 in relation to the application of sections 220 and 254 are complied with. 159ZN Other changes to ch 5 for type 1, 2 and 3 elections (1) For applying section 271 for a type 1, type 2 or type 3 election, a new, adjusted or continuing local government, or an existing local government, must, to the extent and at the times the Minister directs, reimburse the State for all costs reasonably incurred, including by the electoral commission, in conducting the election. (2) Sections 272 and 273 do not apply. (3) For a type 1 election, the chief returning officer must choose and publicly notify an office (the election office) for the new local government for the election. (4) The election office for the new local government need not be the public office of an existing local government. (5) An election office notified under subsection (3) becomes the public office of the new local government for the purposes of the application of chapter 5 to the election. (6) For applying section 304(2) for a type 1, type 2 or type 3 election, a deposit must be held in the trust fund of the electoral commission. (7) A deposit to be dealt with under section 314(3) must be paid in to the operating fund of the relevant new, adjusted or continuing local government. (8) No action is required to be taken under chapter 5, part 5 for any type 1, type 2 or type 3 election. Note-- Division 2 provides for the division of new, adjusted and continuing local government areas into divisions. 159ZO Changed references to particular matters For applying section 441B, the reference to the chief executive officer of a local government is, for a type 1 election, taken to be a reference to-- (a) until a returning officer is appointed for the election--the interim chief executive officer of the new local government; and (b) after a returning officer is appointed--the returning officer for the election. 159ZP Definition for div 9 In this division-- local transition committee includes a transferring area local transition committee. 159ZQ Giving of directions under div 9 (1) This division provides for the giving of directions by the Minister and by the chief executive. (2) A direction may be given under this division only if the entity exercising the power is satisfied on reasonable grounds of either or both of the following-- (a) the giving of the direction is in the best interests of achieving the proper and efficient implementation of a reform matter; Example-- The Minister or chief executive is satisfied on reasonable grounds that a local transition committee is not able to perform its functions. (b) if the direction is not given, there is a real possibility that the proper and efficient implementation of a reform matter will not happen. (3) A direction may be given under this division before or after the changeover day for a new or adjusted local government area. (4) This division applies to a continuing local government after the changeover day for the local government. 159ZR Directions by chief executive The chief executive may do any of the following-- (a) direct a local government, a local transition committee, an interim chief executive officer, an acting chief executive officer or a chief executive officer, to give the chief executive information about a transition matter; (b) direct that a meeting of a local transition committee or another group of persons be convened; (c) direct an employee of a local government to take particular action about a transition matter, including, for example-- (i) to perform an action that a provision of this part or a reform implementation regulation requires the local government or anyone else to perform; or (ii) to take an action that is consistent with the fulfilling of a responsibility imposed on the local government under this part or a reform implementation regulation. 159ZS Powers of Minister The Minister may do any of the following-- (a) despite any requirement in this part for the composition of a local transition committee, direct a change in the composition of a local transition committee; (b) without limiting paragraph (a)-- (i) direct that a single individual is to act in the place of a local transition committee either generally or for a particular purpose, including for example, to complete a transition action plan; or (ii) direct that a new group of persons is to form a local transition committee in the place of an existing group; (c) subject to any reform implementation regulation and to any decision of the Local Government Grants Commission under this part, give directions about the allocation of employees, assets, liabilities and property of any kind between local governments whose local government areas have a transferring area included in them or excluded from them; (d) direct that particular functions do not apply to, and may not be performed by, a stated local transition committee. 159ZT Compliance with direction (1) A person or local government given a direction by the Minister or chief executive under this division must comply with the direction. (2) If a person or local government contravenes subsection (1), the chief executive may direct an officer or employee of the department, or another person, to take all necessary action to ensure that the direction is effectively complied with. (3) An officer or employee given a direction under subsection (2) has all the powers of the person or local government that contravenes subsection (1) necessary for ensuring the direction is effectively complied with. 159ZU Definition for div 10 In this division-- transition period, for a merging local government, means the period-- (a) starting on the commencement of this section; and (b) ending on the day immediately before the start of the caretaker period for the election for the new local government in relation to which the local government is a merging local government. 159ZV Application of div 10 This division applies to a merging local government only if it does not become an adjusted local government under this part. Note-- Accordingly, this division does not apply to Ipswich City Council or Torres Shire Council. 159ZW Prohibition on major policy decision in transition period (1) A merging local government must not make a major policy decision in the transition period for the local government (2) However, if the local government considers that, having regard to exceptional circumstances that apply, it is necessary to make the major policy decision, the local government must notify the Minister of the making of the decision and the nature of the exceptional circumstances. (3) The Minister may, within 7 days after receiving notice of the making of the major policy decision, revoke the decision if the Minister is not satisfied that, having regard to exceptional circumstances that apply, it is necessary for the local government to make the decision. (4) This section applies despite chapter 6, part 3. (5) To remove any doubt, it is declared that a major policy decision for a merging local government does not include a decision about the appointment of a person to act as the chief executive officer of the local government until the changeover day for the new local government area that includes all or part of the local government area of the merging local government. 159ZX Invalidity of major policy decision in transition period if decision revoked (1) A major policy decision made by a merging local government in the transition period for the local government is invalid if the Minister revokes the local government's decision under this division. (2) A contract is void if it is the subject of a major policy decision that is invalid. (3) A person who acts in good faith in relation to a major policy decision of a local government, or in relation to a contract that is the subject of a major policy decision, but who suffers loss or damage because of any invalidity of the decision under subsection (1) or because the contract is void under subsection (2), has a right to be compensated by the local government for the loss or damage. (4) The person may bring a proceeding to recover the compensation in a court of competent jurisdiction. 159ZZ State Transition Committee (1) The chief executive may appoint an advisory committee (the State Transition Committee) to provide oversight in relation to the implementation of transition matters. (2) The committee may include officers of the department, councillors of local governments and other persons the chief executive decides. (3) The chief executive may decide all matters about the establishment and operation of the committee. 159ZZA Expiry of pt 1B This part expires at the end of 31 December 2011 or at an earlier time fixed under a regulation. 159ZZB Application of pt 1B definitions Words defined for part 1B have the same meaning in this part. 159ZZC Definitions for pt 1C In this part-- NPARC means the new local government known as the Northern Peninsula Area Regional Council. TSIRC means the new local government known as the Torres Strait Island Regional Council. 159ZZD Particular entities go out of existence (1) On the changeover day for the Torres Strait Island Region, each relevant entity, as in existence immediately before the changeover day, goes out of existence. (2) In this section-- relevant entity means each Island council under the repealed Torres Strait Act, other than the Island councils for the following council areas under that Act-- (a) Bamaga council area; (b) Seisia council area. 159ZZE TSIRC jurisdiction extends to Island custom In exercising the jurisdiction of local government under section 25, TSIRC may take account of Island custom. 159ZZF Changed application of ss 220 and 254 (1) For applying section 220(1) to the local government area of TSIRC, including for the 2008 quadrennial elections-- (a) a person is qualified to become a councillor, other than the mayor, of TSIRC only if-- (i) the person is a Torres Strait Islander or an Aborigine; and (ii) the person, on the nomination day for the election, has lived in the particular division for which the person is to be a candidate for the 2 years immediately preceding the nomination day; and (b) a person is qualified to become the mayor of TSIRC only if-- (i) the person is a Torres Strait Islander or an Aborigine; and (ii) the person, on the nomination day for the election, has lived in the local government area of TSIRC for the 2 years immediately preceding the nomination day. (2) For applying section 254 to the local government area of TSIRC, a person is qualified to be appointed as the mayor or other councillor of TSIRC only if-- (a) the person is a Torres Strait Islander or an Aborigine; and (b) on the day of the appointment, the person would be qualified to be nominated for election if the day of the appointment were the nomination day for an election. 159ZZG Particular entities go out of existence (1) On the changeover day for the Northern Peninsula Area Region, each relevant entity, as in existence immediately before the changeover day, goes out of existence. (2) In this section-- relevant entity means-- (a) each of the Island councils under the repealed Torres Strait Act for the following council areas under that Act-- (i) Bamaga council area; (ii) Seisia council area; and (b) each of the community governments under the Local Government (Community Government Areas) Act 2004 for the following community government areas under that Act-- (i) Injinoo; (ii) New Mapoon; (iii) Umagico. 159ZZH NPARC jurisdiction extends to Aboriginal tradition and Island custom (1) In exercising the jurisdiction of local government under section 25, NPARC may take account of-- (a) in relation to the relevant Aboriginal areas--Aboriginal tradition; and (b) in relation to the relevant Torres Strait areas--Island custom. (2) In this section-- relevant Aboriginal area means each of the following community government areas under the Local Government (Community Government Areas) Act 2004, immediately before the changeover day for NPARC-- (a) Injinoo; (b) New Mapoon; (c) Umagico. relevant Torres Strait area means the area that, immediately before the changeover day for NPARC, was the Bamaga or Seisia council area under the repealed Torres Strait Act. 159ZZI Function of community forum (1) A community forum established under this subdivision has the function of advising its indigenous regional council about the following-- (a) planning, including land use planning; (b) service delivery; (c) culture. (2) An indigenous regional council must not establish any other body to perform the functions of a community forum. 159ZZJ Establishing community forums (1) The Minister must establish a group of persons (a community forum) for each division into which the local government area of an indigenous regional council is divided for electoral purposes. (2) In deciding, subject to subsections (3) and (4), the name of each community forum and its number of members, the Minister must seek the advice of-- (a) for the first community forum--the local transition committee for the new local government area of the indigenous regional council; or (b) otherwise--the indigenous regional council. (3) Each community forum must have-- (a) at least 3, but not more than 7, ordinary members, qualified as prescribed under a regulation; and (b) a chairperson who is the councillor for the division for which the community forum is established. (4) A community forum must be called '... (insert name of division or other distinguishing title) ... Community Forum'. (5) Any processes in relation to establishing a community forum, including electing ordinary members of the community forum and filling casual vacancies, must be carried out in accordance with a regulation. (6) The election of the ordinary members of a community forum must be held at the time, provided for under a regulation, that is at the same time as, or is as close as practicable to, the quadrennial elections for the community forum's indigenous regional council. (7) An ordinary member of a community forum holds office until the completion of the next election of the ordinary members of the forum that happens after the election at which the ordinary member was elected. (8) Subject to the requirements of this section, including a regulation under subsection (5), a community forum's indigenous regional council must decide all matters necessary for the operation of the forum. (9) The Minister must publish in the gazette the name of each community forum and the names of its members. 159ZZK Mayor or mayoral candidate ineligible for community forum membership A person is not qualified to be elected as an ordinary member of a community forum if the person is-- (a) if the election for the ordinary members of the community forum happens at the same time as an election for the mayor of the community forum's indigenous regional council--a candidate for election as mayor of the council; or (b) otherwise--the mayor of the community forum's indigenous regional council. 159ZZL Payment of expenses to ordinary members of community forum (1) An ordinary member of a community forum is not entitled to payment of any remuneration. (2) However, an indigenous regional council may authorise-- (a) the payment to the ordinary members of a community forum of the expenses incurred, or to be incurred, by the members; or (b) the provision of facilities to the ordinary members of a community forum. 159ZZM Community forum convenor (1) The indigenous regional council must, for each community forum, appoint a qualified person as the convenor for the community forum. (2) A councillor, including the mayor, of the indigenous regional council can not be appointed as the convenor of a community forum. (3) The same person may be appointed as convenor for 2 or more community forums if the indigenous regional council is satisfied the person can effectively exercise the convenor's functions for the 2 or more community forums. (4) The convenor for a community forum-- (a) may be appointed on a full time or part time basis; and (b) may perform functions for the indigenous regional council in addition to the convenor's functions as a convenor. (5) The terms and conditions of appointment of the convenor are decided by the indigenous regional council. (6) The person appointed as convenor for a community forum must not also be an ordinary member or the chairperson of the forum. (7) The convenor is otherwise taken to be a member of the forum, but may not vote as a member at meetings of the forum. (8) In this section-- qualified means having experience in the administration of land. 159ZZN Functions of community forum convenor The convenor for a community forum has the following functions-- (a) to facilitate the meetings of the community forum; (b) to report the decisions of the forum to the indigenous regional council; (c) to provide necessary administrative support to the community forum. 159ZZO Meetings open to public (1) All meetings of a community forum, including of a community forum constituted as a land panel under subdivision 2, must be open to the public. (2) The convenor of the community forum must give public notice, within the division for which the community forum is established, of the time and date of each meeting at least 7 days before the meeting takes place. 159ZZP Indigenous regional council as trustee of community deed of grant in trust (1) An indigenous regional council, as the trustee of community deeds of grant in trust, must separately constitute itself to perform its functions as the trustee. (2) The trustee, must, to the greatest practicable extent, establish formal arrangements for advising the indigenous regional council, in its capacity as a local government, of matters relating to trust land. (3) The indigenous regional council must establish arrangements for the keeping of any trustee accounts, but the trustee must otherwise keep separate records for all matters relating to community deeds of grant in trust. (4) Meetings of the trustee must be convened and conducted as separate meetings from meetings of the indigenous regional council. (5) Subsections (2) to (4) do not limit subsection (1). 159ZZQ Restrictions on exercise of indigenous regional council's powers as trustee under Land Act (1) The requirements applying under this subdivision to the trustee of a community deed of grant in trust are additional to all requirements applying under the Land Act 1994 and any other law. Example of other law-- Aboriginal and Torres Strait Islanders (Land Holding) Act 1985 (2) However, the ability of the trustee to manage land the subject of the deed of grant in trust under the Land Act 1994 or this Act is not otherwise affected. (3) Nothing in this division is intended to affect the status that any land has under the Aboriginal Land Act 1991 or the Torres Strait Islander Land Act 1991. 159ZZR Mayor does not vote at meetings of trustee (1) Meetings of the trustee of a community deed of grant in trust are chaired by the mayor of the indigenous regional council that is the trustee. (2) However the mayor is not entitled to a vote on any matter arising at a meeting of the trustee, including on any trustee decision. 159ZZS Community forum constituted as land panel (1) A community forum must separately constitute itself as a land panel in relation to any community deed of grant in trust whose trust land is within the division for which the community forum is established. (2) The land panel has the separate function of advising the trustee of the community deed of grant in trust in relation to all matters arising about trust land the subject of the deed of grant in trust. (3) The chairperson of the community forum is also the chairperson of the land panel. (4) The Minister may decide the name of the land panel, but a land panel must be called '... (insert name of division or other distinguishing title) ... Land Panel'. (5) In deciding, subject to subsection (4), the name of the land panel, the Minister must seek the advice of the trustee. (6) Subject to the requirements of this section, the trustee must decide all matters necessary for the operation of the land panel. (7) The Minister must publish in the gazette the name of each land panel and the names of its members. 159ZZT Convenor for land panel The convenor for a community forum that is also a land panel is also the convenor for the land panel. 159ZZU Functions of convenor for land panel The convenor for a land panel has the following functions-- (a) to the greatest practicable extent, to ensure the land panel operates in an effective and efficient way; (b) if asked by the trustee of the community deed of grant in trust for which the land panel is constituted, to help the trustee to manage the trustee's responsibilities-- (i) under the Land Act 1994; and (ii) under any other Act that applies to the trustee; (c) to facilitate the meetings of the land panel; (d) to report the decisions of the land panel to the trustee; (e) to provide necessary administrative support to the land panel; (f) to facilitate the attendance of the local community at meetings of the land panel; (g) to communicate the trustee's views, information and requests about land matters to the land panel, and the land panel's views, information and requests about land matters to the trustee; (h) other functions decided by the trustee by resolution. 159ZZV Trustee decisions Requirements stated under this subdivision apply to the trustee of a community deed of grant in trust for any of the following decisions (each a trustee decision) in relation to the trust land under the deed of grant in trust-- (a) any decision relating to the creation of an interest in the trust land; Example-- a decision under the Land Act 1994 to lease the trust land, to amend a trustee lease over the land, to approve the transfer, mortgage or sublease of a trustee lease or to issue a trustee permit (b) any decision to establish an improvement on the trust land; (c) any other decision in relation to the trust land that the trustee by resolution decides is a decision to which this section applies. 159ZZW Land panel participation in making of trustee decision (1) When a trustee decision is to be made in relation to a community deed of grant in trust, the trustee must give written notice of its intention to make the decision to the land panel for the division that is the subject of the community deed of grant in trust. (2) The written notice must give the land panel reasonably sufficient information about the trustee decision to be made, and reasonably sufficient time, to allow the land panel to form a view on what the decision should be. (3) The land panel must within a reasonable time give written notice to the trustee, advising the trustee of what the land panel thinks the decision should be. (4) The convenor for the land panel must keep the trustee informed of the progress of the land panel towards deciding what to advise the trustee. (5) When the trustee makes the trustee decision, the trustee must have regard to any advice received from the land panel. (6) Subsections (7) and (8) apply if-- (a) the trustee makes its trustee decision; and (b) the decision is not consistent with the advice received from the land panel under this section. (7) The trustee must give the land panel written notice of the reasons for its decision. (8) If the land panel advises the trustee, or gives advice to the trustee to the effect, that it does not support the trustee's decision, the trustee must take reasonable steps to make the reasons publicly available. 159ZZX Special requirements for absolute majority and for agreement of councillor for relevant division (1) This section states 2 special requirements for an effective trustee decision. (2) Firstly, to have effect, a trustee decision must have the agreement of a majority of the councillors (other than the mayor) of the indigenous regional council that is the trustee, regardless of how many councillors take part in the meeting that makes the decision. Example-- If the trustee is TSIRC, the number of votes needed would be 8, regardless of how many attend the meeting. (3) Secondly, and subject to subsections (5) to (7), to have effect, a trustee decision must have the agreement of the councillor (the relevant councillor) for the division that is the subject of the community deed of grant in trust. (4) For subsection (3), it does not matter whether the agreement of the relevant councillor is given as part of the majority vote of the trustee or is in some other way clearly communicated to the trustee. (5) The trustee must take all reasonable steps to ensure that the relevant councillor is able to vote on, or otherwise communicate the councillor's agreement or disagreement with, the trustee decision. (6) If, despite the trustee's reasonable steps under subsection (5), the relevant councillor does not participate in the trustee decision either by vote or by communication of agreement or disagreement, the trustee-- (a) may proceed to decide what the trustee decision is proposed to be; and (b) must advise the land panel of which the relevant councillor is the chairperson of its proposed decision; and (c) must give the land panel a reasonable opportunity to state its views on the proposed decision. (7) If the land panel does not advise its views to the trustee within a reasonable time, the trustee may nevertheless proceed to make the trustee decision. 159ZZY Seeking advice and views other than about trustee decision (1) The trustee of a community deed of grant in trust may, by resolution, refer a matter, other than a trustee decision, about land to a land panel to obtain its advice. (2) The trustee must allow the land panel a reasonable time to provide its advice. 159ZZZ Meetings of trustee to be open to the public unless otherwise resolved (1) All meetings of the trustee of a community deed of grant in trust must be open to the public unless the trustee has resolved under this section that the meeting be closed to the public. (2) A trustee, may resolve that a meeting mentioned in subsection (1) be closed to the public if the trustee considers it necessary to close the meeting to discuss-- (a) the appointment, dismissal or discipline of employees; or (b) industrial matters affecting employees; or (c) the trustee's budget; or (d) contracts proposed to be made by the trustee; or (e) starting or defending legal proceedings involving the trustee; or (f) other business for which a public discussion would be likely to prejudice the interests of the trustee or someone else, or enable a person to gain a financial advantage. (3) A resolution that a meeting be closed must specify the nature of the matters to be considered while the meeting is closed. (4) The trustee must not make a resolution (other than a procedural resolution) in a closed meeting. 159ZZZA Grouping of trust land not available The chief executive under the Land Act 1994 must not approve the grouping of trust land under the Land Act 1994, section 62, if any of the trust land is the subject of a community deed of grant in trust. 159ZZZB Extended jurisdiction For an indigenous regional council, the jurisdiction of local government under section 25 includes to make local laws for, and to otherwise ensure the promotion, maintenance and regulation, in its local government area, of-- (a) peace and order; and (b) the delivery of services appropriate to the social needs of its communities. 159ZZZC Additional reasons for appointment of financial controller Without limiting section 188B, the Minister may recommend the Governor in Council act under section 188B(1) in relation to an indigenous regional council if the Minister is satisfied on reasonable grounds that the indigenous regional council-- (a) has made a disbursement from a fund that is not provided for in the indigenous regional council's budget; or (b) has made a disbursement from grant moneys for a purpose other than the purpose for which the grant was given; or (c) has failed to implement adequate financial management strategies for the funds under its control. 159ZZZD Revocation or suspension of particular resolutions or orders (1) This section applies to an indigenous regional council in addition to section 188D. (2) A financial controller for an indigenous regional council may, by written notice to the indigenous regional council's chief executive officer-- (a) revoke, or suspend the operation of, a resolution of the council or an order issued by the council to give effect to a resolution; and (b) end the suspension of the resolution or order. (3) However, the financial controller may revoke or suspend a resolution or order under subsection (1) only if the financial controller reasonably believes-- (a) the resolution or order will result in unlawful expenditure by the indigenous regional council; or (b) the resolution or order will result in expenditure from grant moneys for a purpose other than the purpose for which the grant was given; or (c) the resolution or order will cause the indigenous regional council to become insolvent. (4) The notice must state the reasons for the revocation or suspension. (5) The suspension may be for a stated period or indefinite. (6) A resolution or order that is revoked under this section-- (a) ceases to have effect on the day stated in the notice to the indigenous regional council's chief executive officer; or (b) if no day is stated--is taken never to have had effect. (7) A resolution or order of an indigenous regional council the operation of which is suspended under this section does not have effect while it is suspended. (8) Neither the State nor the financial controller is legally liable for any loss or expense incurred by a person because of the revocation or suspension of an indigenous regional council's resolution or order under this section. 159ZZZE Councillor to chair community forum (1) This section applies to a person who is a councillor of an indigenous regional council in addition to section 229. (2) The person must chair the community forum, and any land panel, for the division for which the person is the councillor. 159ZZZG Power of indigenous regional council to make and levy charge on residents (1) An indigenous regional council may, by resolution, make and levy a charge on residents of residential premises in its local government area. (2) However, the indigenous regional council may exempt a resident from payment of a charge under subsection (1). (3) Without limiting subsection (2), the indigenous regional council may give an exemption if another amount is payable to the indigenous regional council in relation to the premises. (4) This section does not limit section 973. 159ZZZH Limited application of ch 14 Chapter 14 does not apply to an indigenous regional council, or to the local government area of an indigenous regional council, to the extent that its application relies on the valuation of land under the Valuation of Land Act 1944. 159ZZZI Disposal of land (1) Chapter 6, part 3, division 3 does not apply to the disposal of land, or an interest in land, the subject of a deed of grant in trust of which an indigenous regional council is the trustee. (2) For applying section 492(1)(a) to any other land or interest in land of an indigenous regional council, the exemption from section 491 is taken to include an exemption for the disposal of the land or interest to persons whose restored enjoyment of the land or interest would be consistent with Aboriginal tradition or Island custom. Note-- Under transitional arrangements, chapter 6, part 3 applies to an indigenous regional council only to the extent a regulation states that it applies. See chapter 19, part 14. 160 Procedures before exercise of certain powers (1) Before the Governor in Council or Minister exercises a power under this division in relation to a local government, the Minister must give written notice of the proposed exercise of the power to the local government. (2) However, notice need not be given if-- (a) the power is proposed to be exercised at the local government's request; or (b) in the Minister's opinion, giving notice-- (i) is likely to defeat the purpose of the proposed exercise of the power; or (ii) would serve no useful purpose. (3) The notice must state-- (a) the reasons for the proposed exercise of power; and (b) a time within which the local government may make submissions to the Minister about the proposed exercise of power. (4) Reasons stated in the notice are the only reasons that can be relied on in support of the exercise of the power. (5) The Minister must have regard to all submissions made by the local government within the specified time. (6) If-- (a) the proposed exercise of power is to proceed despite submissions of the local government; or (b) no submissions of the local government are received by the Minister within the specified time; the power may be exercised without further notice to the local government. 161 Revocation and suspension of resolutions and orders (1) The Governor in Council may, by regulation-- (a) revoke, or suspend the operation of, a resolution of a local government or an order issued by a local government to give effect to a resolution; and (b) end the suspension of the resolution or order. (2) The suspension may be for a specified period or indefinite. 162 Effect of revocation or suspension (1) A resolution or order of a local government that is revoked by regulation-- (a) ceases to have effect on the day specified by the regulation; or (b) if no day is specified--is taken never to have had effect. (2) A resolution or order of a local government whose operation is suspended by a regulation does not have effect while it is suspended. (3) The State is not legally liable for any loss or expense incurred by a person because of the revocation or suspension by regulation of a local government's resolution or order. 163 Overruling local laws and subordinate local laws etc. (1) The Governor in Council may, by regulation, declare that a local law or subordinate local law, or a provision of a local law or subordinate local law, ceases to have effect, if the Governor in Council is of the opinion that it is necessary to make the declaration to protect State interests. (2) The Governor in Council may, by regulation, later declare that the local law, subordinate local law or provision again has effect, if the Governor in Council is of the opinion that it is no longer necessary for the declaration under subsection (1) to continue to have effect to protect State interests. 164 Dissolution of local government (1) The Governor in Council may, by regulation, dissolve a local government if the Minister is satisfied that the local government-- (a) has acted unlawfully or corruptly; or (b) has acted in a way that puts at risk its capacity to exercise properly its jurisdiction of local government; or (c) is incompetent or can not properly exercise its jurisdiction of local government. (2) Subsection (1) is subject to the Constitution of Queensland 2001, chapter 7, part 2. (3) If the Legislative Assembly ratifies the dissolution of the local government under subsection (1)-- (a) the local government's councillors go out of office; and (b) the local government continues in existence and continues to be constituted by the local government's administrator. 165 Exclusion of part of local government area from Act (1) The Governor in Council may, by regulation, declare that this Act does not apply to a specified part of a local government's area. (2) On the making of the declaration, the local government's local laws and subordinate local laws cease to apply to the specified part of its area. (3) The Governor in Council may, by regulation, later declare that this Act again applies to the specified part of the local government's area. (4) On the making of the declaration, the local government's local laws and subordinate local laws again apply to the specified part of its area. (5) Subsections (2) and (4) do not limit by implication the effect of a declaration under this section. (6) In this section-- local law includes a planning scheme and interim development control provisions. 166 Abolition of joint local government and its area (1) The Governor in Council may, by regulation, abolish a joint local government and its area. (2) A regulation may provide for-- (a) the apportionment of the joint local government's assets and liabilities among its component local governments; and (b) any other matter for which it is necessary or convenient to make provision on the dissolution of the joint local government. 167 Inquiries, investigations and inspections by authorised persons (1) The chief executive of the department may appoint an officer of the department or another appropriately qualified person (an authorised person) to conduct an inquiry, investigation or inspection about-- (a) the functioning of local government in the State; or (b) any matter relevant to the administration of this Act. (2) However, subsection (1) does not permit the chief executive to appoint a person to conduct an inquiry, investigation or inspection about a reviewable local government matter. (3) A local government must cooperate fully with an inquiry, investigation or inspection by a person appointed under subsection (1). 168 Reports on inquiries, investigations and inspections (1) When an authorised person has completed the inquiry, investigation or inspection for which the person was appointed, the authorised person must, as quickly as possible, give the chief executive of the department a written report on the inquiry, investigation or inspection. (2) The Minister may table a copy of the report in the Legislative Assembly. 169 Chief executive may request information from local government (1) The chief executive of the department may, by written notice, request a local government to give to the chief executive information in writing about anything within its jurisdiction of local government. (2) The request must specify a reasonable time within which the information must be given to the chief executive. (3) The local government must comply with the request. Maximum penalty for subsection (3)--35 penalty units. 170 Authorised person's duties on inquiry When conducting an inquiry, an authorised person-- (a) must observe natural justice; and (b) must act as quickly, and with as little formality and technicality, as is consistent with a fair and proper consideration of the issues. 171 Authorised person may decide procedures (1) The authorised person-- (a) is not bound by the rules of evidence; and (b) may inform himself or herself in any way the authorised person considers appropriate; and (c) may decide the procedures to be followed at the inquiry. (2) However, the authorised person must comply with this division and any procedural rules prescribed by regulation. 172 Public may attend The authorised person must allow members of the public to attend the inquiry. 173 Authorised person's powers on inquiry (1) In conducting the inquiry, the authorised person may-- (a) act in the absence of a person who has been given reasonable notice; and (b) receive evidence on oath or affirmation or by statutory declaration; and (c) adjourn the inquiry; and (d) permit a document to be amended; and (e) disregard any defect, error, omission or insufficiency in a document; and (f) permit or refuse to permit a person (including a legal practitioner enrolled in Queensland or elsewhere) to represent someone else at the inquiry. (2) The authorised person may administer an oath or affirmation to a person appearing as a witness before the inquiry. 174 Notice to witness (1) The authorised person may, by written notice given to a person, require the person to attend at a specified time and place to give evidence or produce specified documents. (2) A person who is given a notice must-- (a) attend as required by the notice; and (b) continue to attend as required by the authorised person until excused from further attendance. Maximum penalty--35 penalty units. (3) A person required to appear as a witness before an inquiry is entitled to the witness fees prescribed by regulation or, if no witness fees are prescribed, the reasonable witness fees decided by the authorised person. 175 Duty of witness at inquiry (1) A person appearing as a witness at the inquiry must not-- (a) fail to take an oath or make an affirmation when required by the authorised person; or (b) fail, without reasonable excuse, to answer a question the person is required to answer by the authorised person; or (c) fail, without reasonable excuse, to produce a document the person is required to produce by a notice under section 174(1). Maximum penalty--35 penalty units. (2) It is a reasonable excuse for a person to fail to answer a question or produce a document if answering the question or producing the document might tend to incriminate the person. 176 Contempt of authorised person A person must not-- (a) insult the authorised person in the inquiry; or (b) deliberately interrupt an inquiry; or (c) create or continue, or join in creating or continuing, a disturbance in or near a place where the authorised person is conducting the inquiry; or (d) do anything that would be a contempt of court if the authorised person were a judge acting judicially. Maximum penalty--50 penalty units. 177 Change of authorised person An inquiry is not affected by a change in the authorised person holding the inquiry. 178 When administrator must be appointed (1) If a regulation is made under section 164(1) dissolving a local government, the Governor in Council must appoint a person as administrator of the local government. (2) Notification of the appointment must be given by gazette notice. (3) On the appointment, the local government is constituted by the administrator. 179 Jurisdiction, powers and duties of administrator (1) The administrator of a local government has all the jurisdiction, powers and duties of the local government concerned. (2) However-- (a) a regulation may limit the jurisdiction, powers and duties of the administrator; and (b) the administrator does not have a duty of a local government appropriate only to a body of persons. (3) If the mayor of a local government is required or permitted by law to exercise a power, the administrator is required or permitted to exercise the power instead of the mayor. (4) This Act and other Acts apply to the administrator, with all necessary changes and any changes prescribed by regulation, as if the administrator were the local government. 180 Title of administrator For the purpose of exercising the jurisdiction of local government, the title of an administrator is 'Administrator of the ... (name of the local government).'. 181 Committee to help administrator (1) When an administrator is appointed, the Minister may appoint a committee of persons to help the administrator in exercising the jurisdiction of local government of the local government concerned. (2) A person may be appointed as a member of a committee for a limited time or indefinitely. (3) The administrator is chairperson of the committee and must preside at every meeting of the committee at which the administrator is present. (4) If, because of absence or incapacity, the administrator can not perform the functions of chairperson of the committee, the other members of the committee must appoint a member to act as chairperson at meetings of the committee until the administrator is able to perform the functions. 182 Conditions of appointment as administrator or member of committee (1) An administrator or a member of a committee is entitled to the fees, allowances and expenses decided by the Governor in Council. (2) The fees, allowances and expenses are payable by the local government concerned. (3) An officer of the public service who is appointed as an administrator or as a member of a committee may hold the appointment as well as the public service office. 183 Recovery of amounts from local governments (1) The Governor in Council may direct a local government for which an administrator is appointed to pay to the Minister an amount specified in the direction as the costs and expenses of the administrator. (2) The specified amount may include salary and allowances payable to an officer of the public service who is appointed as administrator or a member of a committee. (3) The direction may specify a time for payment. (4) The specified amount is a debt payable to the State. 184 Role of committee (1) An administrator appointed for a local government must ensure that every decision of the committee about the exercise of the jurisdiction of local government for the local government's area is implemented as soon as is practicable after the committee's decision is taken. (2) However, if the administrator considers that implementing a decision of the committee would not be in the best interests of the area, the administrator must refer the issue to the Minister for decision. (3) The referral must be made within 14 days after the administrator becomes aware of the committee's decision. 185 Decision by Minister on referral by administrator (1) If an issue is referred to the Minister by an administrator under section 184(2), the Minister may cause the chief executive of the department to make the inquiries, investigations and inspections that the Minister considers appropriate. (2) The Minister's decision on the issue is taken to be the decision of the committee and is final and binding on the administrator and the committee. (3) The administrator must ensure the Minister's decision is implemented as quickly as practicable. 186 Procedures of committee (1) In this section-- relevant provision means a provision of this Act that deals with any of the following matters for a local government-- (a) the times of its meetings; (b) the quorum at its meetings; (c) notice of its meetings; (d) adjournment of its meetings; (e) entitlements of members to vote at its meetings; (f) disability of a member to vote because of material personal interest; (g) registers of interests; (h) minutes of its proceedings; (i) revocation or amendment of its resolutions; (j) a matter prescribed by regulation. (2) A relevant provision applies to a committee appointed to help an administrator as if-- (a) the committee were a local government; and (b) the administrator, or person acting as chairperson of the committee, were the mayor of the local government. 187 Termination of administrator's appointment (1) The appointment of an administrator-- (a) may be terminated by the Governor in Council for any reason; or (b) ceases on the conclusion of a fresh election of the councillors of the local government concerned. (2) It is the intention of the Parliament that a fresh election of the councillors of the local government should be held as soon as possible after the Legislative Assembly ratifies the dissolution of the local government under section 164(1). 188 Termination of appointment of committee member etc. (1) The appointment of all members or any member of a committee to help an administrator may be terminated by the Minister, for any reason, by written notice signed by the Minister and given to the members or member. (2) A committee appointed to help an administrator ceases to exist on the conclusion of a fresh election of councillors of the local government concerned. 188A Procedures before appointment of financial controller (1) Before the Governor in Council or Minister exercises a power under section 188B in relation to a local government, the Minister must give a written notice of the proposed exercise of the power to the local government. (2) However, the notice need not be given if-- (a) the local government has asked for the power to be exercised; or (b) the Minister reasonably considers giving the notice-- (i) is likely to defeat the purpose of the proposed exercise of the power; or (ii) would serve no useful purpose. (3) The notice must state-- (a) the reasons for the proposed exercise of the power; and (b) a period within which the local government may make submissions to the Minister about the proposed exercise of the power. (4) The reasons stated in the notice are the only reasons that can be relied on in support of the exercise of the power. (5) The Minister must have regard to all submissions made by the local government within the stated period. (6) The power may be exercised without further notice to the local government if-- (a) the proposed exercise of the power is to proceed despite the local government's submissions; or (b) no submissions of the local government are received by the Minister within the stated period. 188B Appointment of financial controller (1) The Governor in Council may, by gazette notice, appoint a financial controller for a local government. (2) The Minister must not recommend the Governor in Council act under subsection (1) unless the Minister is satisfied on reasonable grounds that the local government-- (a) has not applied financial management policies and principles required by the Local Government Finance Standards for funds under its control; or (b) has acted, or is about to act, in a way that-- (i) caused, or may cause, a significant deterioration in its financial viability; or (ii) will, or may, cause it to become insolvent. 188C Functions of financial controller (1) A financial controller appointed for a local government is responsible for ensuring the local government adheres to its budget. (2) Also, the financial controller-- (a) may give advice about financial management to the local government, including, for example, advice about the preparation of a plan to address any financial difficulties it may be experiencing; and (b) may undertake other administrative duties requested by the local government; and (c) must undertake other administrative duties directed by the Minister. 188D Power of financial controller to advise chief executive about resolution or order (1) This section applies if a financial controller for a local government reasonably believes a resolution of the local government, or an order of the local government giving effect to a resolution of the local government-- (a) will result in unlawful expenditure by the local government; or (b) will result in expenditure from grant moneys for a purpose other than the purpose for which the grant was given; or (c) will cause the local government to become insolvent. (2) The financial controller must advise the chief executive of the department of the resolution or order. (3) The financial controller's advice to the chief executive under subsection (2) must include reasons for the financial controller's belief under subsection (1). (4) Neither the State nor the financial controller is legally liable for any loss or expense incurred by a person because of the advice given under subsection (2). 188E Countersigning cheques and authorising electronic funds transfers (1) If a financial controller is appointed for a local government, a payment may be made from an account with a financial institution kept by the local government only by a cheque countersigned, or an electronic funds transfer authorised, by the financial controller. (2) However, the financial controller may refuse to countersign the cheque, or authorise the electronic funds transfer, only if the financial controller reasonably believes-- (a) the payment will result in unlawful expenditure by the local government; or (b) the payment will result in expenditure from grant moneys for a purpose other than the purpose for which the grant was given; or (c) the payment will cause the local government to become insolvent. 188F Local government to cooperate with financial controller If a financial controller is appointed for a local government, the local government must cooperate with the financial controller in relation to the performance of the financial controller's functions under section 188C. 188G Financial controller's employment conditions A financial controller appointed for a local government is to be employed under the Public Service Act 1996. 188H Recovery of amounts from local government (1) The Governor in Council may direct a local government for which a financial controller is appointed to pay the Minister a stated amount for the costs and expenses of the financial controller. (2) The stated amount may include salary and allowances payable to the financial controller as a public service officer. (3) The direction may state a time for payment. (4) The stated amount is a debt payable to the State. 189 Application of part to Brisbane City Council This part applies to the Brisbane City Council. 191 Local Government Grants Commission and its members (1) The Local Government Grants Commission is established. (2) The commission is to consist of 6 members. (3) The 6 members of the commission are to comprise-- (a) 4 persons with knowledge of local government; and (b) 1 person with knowledge of-- (i) local government in relation to community government areas; and (ii) local government in relation to local government areas of indigenous regional councils; and (c) an officer of the department. (4) The chairperson of the commission is to be a member mentioned in subsection (3)(a), and the deputy chairperson of the commission is to be the member mentioned in subsection (3)(c). 192 Appointments (1) The members and chairperson of the commission are to be appointed by the Governor in Council. (2) A member of the commission is to be appointed for a term of not longer than 3 years. (3) A member is entitled to be paid the remuneration, fees and allowances decided by the Governor in Council. (4) Payment for a member (as a member or in an additional or other capacity) may differ according to class or rate of payment from payment for another member. (5) A member holds office on other terms not provided in this Act as are decided by the Governor in Council. (6) If a provision of another Act-- (a) requires the holder of an office to devote all of the person's time to the duties of the office; or (b) prohibits the holder of an office from engaging in employment outside the duties of the office; the provision does not disqualify the holder of the office from-- (c) holding the office and the office of member of the commission at the same time; and (d) accepting and retaining the remuneration, fees and allowances payable under this section. 193 Vacation of and removal from office (1) The office of a member of the commission becomes vacant if the member-- (a) resigns by signed notice of resignation given to the Minister; or (b) is convicted of an indictable offence; or (c) is removed from office under subsection (2); or (d) if the member is the officer of the department mentioned in section 191(3)(c)--stops being an officer of the department. (2) The Governor in Council may remove a member from office if the member-- (a) engages in misbehaviour; or (b) becomes incapable of performing the duties of a member because of physical or mental incapacity; or (c) is incompetent; or (d) uses the office for party political purposes; or (e) does anything else that, in the Governor in Council's opinion, is a reasonable and sufficient justification for removal from office. 194 Acting members (1) The Governor in Council may appoint a person to act in the office of the member if the member is absent or unable to discharge the functions of the office (whether because of illness or otherwise). (2) The acting member for the chairperson of the commission is the chairperson of the commission while acting. (3) The acting member for the deputy chairperson of the commission is the deputy chairperson of the commission while acting. 195 Commission makes recommendations to Minister (1) The commission must make recommendations to the Minister about the allocation of the amount (the financial assistance amount) the State is entitled to receive from the Commonwealth under the Local Government (Financial Assistance) Act 1995 (Cwlth) (the Commonwealth Act) for financial assistance for local government purposes. (2) The commission must also make recommendations to the Minister about a matter referred to it by the Minister about the finances of 1 or more local governing bodies. (3) In making recommendations under subsection (1), the commission must comply with the Commonwealth Act. 196 Preparing recommendations (1) In preparing its recommendations, the commission may inform itself in the way it considers appropriate. (2) The commission must accept and consider any submission made to it by a local governing body or association of local governing bodies. 197 Commission's recommendations to Minister (1) When the commission makes a recommendation to the Minister under section 195(1), the Minister may-- (a) accept the recommendation; or (b) refer the recommendation back to the commission and ask it-- (i) to reconsider its recommendation or a part of it; or (ii) to consider a matter raised by the Minister about the recommendation. (2) The Minister must give the commission reasons for asking it to do something under subsection (1)(b). (3) After doing what it is asked to do under subsection (1)(b), the commission must consider whether any change should be made to its recommendation, and resubmit its recommendation to the Minister with or without change. (4) A member of the commission may submit a minority recommendation to the Minister. 198 Allocation of amount after recommendations In allocating the financial assistance amount, the Minister must-- (a) have regard to the commission's recommendations about the allocation; and (b) comply with the Commonwealth Act. 199 Recommendations to be tabled When the Minister has allocated the financial assistance amount among local governing bodies, the following must be tabled in the Legislative Assembly-- (a) the commission's recommendations; (b) particulars of the allocation of the financial assistance amount. 200 Distribution of financial assistance amount (1) When the financial assistance amount is received from the Commonwealth, it must be distributed among local governing bodies as allocated by the Minister. (2) However, the State must not distribute to a local governing body an amount equal to notional GST the body has not paid. 201 Commission may decide to hold inquiry In considering a matter about which it is to make recommendations, the commission may decide to hold an inquiry under this division. 202 Notice of decision to hold inquiry Before starting the inquiry, the commission must-- (a) publish in a newspaper circulating generally in the State a notice outlining the processes to be followed in the inquiry; and (b) give a copy of the notice to all local governing bodies likely to be concerned in the inquiry. 203 Extended meaning of commission in subdivision In this subdivision-- commission includes a member or members of the commission holding an inquiry on a direction given by the commission. 204 Commission's duties on inquiry When conducting an inquiry, the commission-- (a) must observe natural justice; and (b) must act as quickly, and with as little formality and technicality, as is consistent with a fair and proper consideration of issues raised in the inquiry. 205 Commission may decide procedures (1) The commission-- (a) is not bound by the rules of evidence; and (b) may inform itself in any way it considers appropriate; and (c) may decide the procedures to be followed at an inquiry. (2) However, the commission must comply with this subdivision and any procedural rules prescribed by regulation. 206 Public may attend The commission must allow members of the public to attend an inquiry unless in the commission's opinion it is in the public interest not to allow members of the public to attend the inquiry. 207 Commission's powers on inquiry (1) In conducting an inquiry, the commission may-- (a) act in the absence of a person who has been given reasonable notice; and (b) receive evidence on oath or by statutory declaration; and (c) adjourn the inquiry; and (d) permit a document to be amended; and (e) disregard any defect, error, omission or insufficiency in a document; and (f) permit or refuse to permit a person (including a legal practitioner enrolled in Queensland or elsewhere) to represent someone else at the inquiry. (2) The commission may administer an oath to a person appearing as a witness before the inquiry. 208 Notice to witness (1) The commission may, by written notice given to a person, require the person to attend an inquiry at a specified time and place to give evidence or produce specified documents. (2) A person who is given a notice must-- (a) attend as required by the notice; and (b) continue to attend as required by the commission until excused from further attendance. Maximum penalty--35 penalty units. (3) A person required to appear as a witness before an inquiry is entitled to the witness fees prescribed by regulation or, if no witness fees are prescribed, the reasonable witness fees decided by the commission. 209 Duty of witness at inquiry (1) A person appearing as a witness at an inquiry must not-- (a) fail to take an oath or make an affirmation when required by the commission; or (b) fail, without reasonable excuse, to answer a question the person is required to answer by the commission; or (c) fail, without reasonable excuse, to produce a document the person is required to produce by a notice under section 208. Maximum penalty--35 penalty units. (2) It is a reasonable excuse for a person to fail to answer a question or produce a document if answering the question or producing the document might tend to incriminate the person. 210 Contempt of commission A person must not-- (a) insult a member of the commission in an inquiry; or (b) deliberately interrupt an inquiry; or (c) create or continue, or join in creating or continuing, a disturbance in or near a place where the commission is conducting an inquiry; or (d) do anything that would be a contempt of court if the commission were a judge acting judicially. Maximum penalty--50 penalty units. 211 Change of member An inquiry is not affected by a change in the member or members of the commission holding the inquiry. 212 Time and place of meetings (1) Meetings of the commission are to be held at the times and places it decides. (2) However, the chairperson (or, in the absence of the chairperson, the deputy chairperson) of the commission may at any time call a meeting by giving the other members of the commission at least 7 days written notice of the meeting. (3) The chairperson (or, in the absence of the chairperson, the deputy chairperson) of the commission must call a commission meeting if asked by the Minister. 213 Quorum at meetings Business may be conducted at a commission meeting only if at least 4 members of the commission are present. 214 Presiding member At a meeting-- (a) the chairperson (or, in the absence of the chairperson, the deputy chairperson) of the commission presides; or (b) in the absence of the chairperson and deputy chairperson, the member chosen by the members present as chairperson for the meeting presides. 215 Voting at meetings At a meeting-- (a) a question is to be decided by a majority of the members of the commission present and voting; and (b) each member (including the member presiding) has a vote on each question to be decided and, if the votes are equal, the member presiding has a casting vote. 216 Way business to be conducted The commission must conduct its business in the way prescribed by regulation or, in the absence of a regulation, may conduct its business as it considers appropriate. 217 Cooperation by departments etc. (1) This section applies to the following entities-- (a) a government entity; (b) a local governing body. (2) An entity must-- (a) cooperate with the commission in performing its role; and (b) give the commission all information it reasonably requires to perform its role. 218 Assistance to the commission The chief executive of the department must make available to the commission the staff assistance it needs to perform its role effectively. 219 Application of part to Brisbane City Council This part applies to the Brisbane City Council. 220 General qualifications for membership (1) A person is qualified to become a councillor of a local government if the person is an Australian citizen who-- (a) lives in the local government's area; and (b) is, under the Electoral Act 1992, an elector for an electoral district, or a part of an electoral district, included in the local government's area-- (i) for the person's election as a councillor, other than at a Brisbane City Council election--when the voters roll for the election is compiled under section 277 or 411; or (ii) for the person's election as councillor of the Brisbane City Council at a quadrennial election--on 31 January of the year in which the election is to be held; or (iii) for the person's election as a councillor of the Brisbane City Council at an election other than a quadrennial election--on the cut off day for the electoral rolls for the election; or (iv) for the person's appointment as a councillor under section 254--for at least 30 days before the appointment. Example-- For a by-election in division 1 of a local government area, a person who lives in division 2 of the area and is an elector for division 2 of the area, when the voters roll is compiled for division 1, may nominate for election even though the person is not on the voters roll for division 1. (2) A councillor, whether elected or appointed, is qualified to be a councillor of a local government only while the councillor lives in the local government's area and is, under the Electoral Act 1992, an elector for an electoral district, or a part of an electoral district, included in the local government's area. (3) This section is subject to sections 221 and 222. 221 General disqualifications (1) A person is not qualified to be or become a councillor if-- (a) the person is an undischarged bankrupt under the Bankruptcy Act 1966 (Cwlth), or a corresponding law of another jurisdiction; or (b) the person has executed a deed of arrangement under the Bankruptcy Act 1966 (Cwlth), part X, or a corresponding law of another jurisdiction, and the terms of the deed have not been fully complied with; or (c) the person's creditors have accepted a composition under the Bankruptcy Act 1966 (Cwlth), part X, or a corresponding law of another jurisdiction, and a final payment has not been made under the composition; or (d) the person is subject to a term of imprisonment or detention, periodic or otherwise; or (e) the person has been convicted, and not pardoned, of treason, sedition or sabotage under the law of Queensland, another State or the Commonwealth; or (f) for a candidate for an election, the person-- (i) has, within 2 years before the day of nomination, been convicted of an offence against the law of Queensland, another State or the Commonwealth, and been sentenced to more than 1 year's imprisonment; or (ii) has, within 7 years before the day of nomination, been convicted of an offence against-- (A) for nomination as a councillor of the Brisbane City Council--section 98C of the Criminal Code; or (B) for nomination as a councillor of another local government--section 385; or (iii) has, within 10 years before the day of nomination, been convicted of-- (A) a disqualifying electoral offence; or (B) an offence that would be a disqualifying electoral offence, except that the conviction was recorded before the commencement of the Electoral and Other Acts Amendment Act 2002; or (g) for a councillor, the person is convicted of-- (i) an offence against-- (A) for a councillor of the Brisbane City Council--section 98C of the Criminal Code; or (B) for a councillor of another local government- -section 385; or (ii) a disqualifying electoral offence; or (h) the person is a member of an Australian Parliament; or (i) the person is elected or appointed as mayor or a councillor of a local government of another State. (2) For subsection (1)(d), the circumstances in which a person is subject to a term of imprisonment or detention-- (a) include circumstances in which the person is released from the term of imprisonment or detention on parole, home detention, leave of absence or otherwise without being discharged from all liability to serve all or part of the term; but (b) do not include circumstances in which a person is subject to a term of imprisonment but is at liberty because the term of imprisonment has been suspended. (3) For subsection (1)(f)(i)-- (a) the provision does not apply if the sentence of imprisonment is suspended; but (b) the provision applies if the person is ordered at any time to actually serve more than 1 year of the suspended term of imprisonment. (4) In this section-- corresponding law of another jurisdiction means a corresponding law of another jurisdiction, whether inside or outside Australia. disqualifying electoral offence see the Electoral Act 1992, section 3. 222 Disqualification and vacation of office for certain offences (1) This section applies if a person is convicted of an offence against-- (a) for the Brisbane City Council--section 98B, 98E or 98G(a) or (b) of the Criminal Code; or (b) for another local government--section 383, 399 or 401(a) or (b); or (c) for all local governments--section 242, 244, 247, 250 or 436. (2) The person is not qualified to become a local government councillor for 4 years after the conviction and, if the person is a local government councillor, the person vacates the office-- (a) if the person appeals against the conviction--on the appeal being dismissed, struck out or discontinued; or (b) if the person does not appeal against the conviction--at the end of the time fixed by law within which an appeal must be started. (3) A court may, by order, direct that this section does not apply to a person if the court is satisfied that-- (a) for a person who is not a local government councillor--there are special circumstances why the person should not be disqualified under the subsection from becoming a local government councillor; or (b) for a person who is a local government councillor--there are special circumstances why-- (i) the person should not be disqualified under the subsection from again becoming a local government councillor; and (ii) the person's office as a local government councillor should not be vacated. 223 Review of lawfulness of membership of local government (1) This section applies to an application for review under the Judicial Review Act 1991 of-- (a) the lawfulness of the election or appointment of a councillor; or (b) the continued eligibility of a person to act as a councillor. (2) For the purposes of the Judicial Review Act 1991, any elector of the local government is a person who may make the application. (3) However, subsection (2) does not limit the persons who may make the application. 224A Councillor ceases to be councillor on becoming candidate for the Legislative Assembly A councillor ceases to be a councillor if under the Electoral Act 1992, section 88(3), the councillor becomes a candidate for an election as a member of the Legislative Assembly. 225 Councillor ceases to be councillor on becoming director of significant business entity On a councillor becoming a director of a significant business entity contrary to section 620, the councillor ceases to be a councillor. 226 Termination of local government employment on becoming councillor (1) If a local government employee is elected or appointed as a councillor, the person is taken to have resigned as an employee on the day the person becomes a councillor. (2) In this section-- local government employee includes an employee of a local government's significant business entity but does not include-- (a) a person employed under a Commonwealth funded community development project for Aborigines or Torres Strait Islanders; or (b) a person prescribed by regulation. 226A Meaning of paid State appointment for div 2A (1) For this division, a person holds a paid State appointment if the person, for reward-- (a) holds an office under, or is employed by, the State; or (b) holds an appointment to or in or is employed by or in-- (i) an entity of the State; or (ii) the parliamentary service of the Legislative Assembly; or (iii) a court or tribunal, or a registry or other administrative office of a court or tribunal, of the State. (2) However, a councillor of a local government does not hold a paid State appointment if-- (a) an Act requires or expressly permits that the appointment be held by a councillor of a local government, however described; or (b) when the appointment is held by a councillor of a local government, neither the councillor nor any other person is entitled to or is entitled to and receives any reward on account of the councillor holding the appointment. (3) For subsection (2)(b), a councillor of a local government is not taken to be entitled to a reward if the councillor irrevocably waives for all legal purposes the entitlement to the reward. (4) For a waiver under subsection (3), the councillor must, as soon as practicable after becoming aware of the entitlement-- (a) waive the entitlement in writing; and (b) give a copy of the waiver to-- (i) if the councillor is the mayor of the local government- -the chief executive officer of the local government; or (ii) otherwise--the mayor of the local government. (5) In this section-- reward does not include-- (a) an amount decided under part 3; or Editor's note-- part 3 (Entitlements and obligations) (b) an amount decided under the deed under the Superannuation (State Public Sector) Act 1990 in relation to a transferring member within the meaning of section 32A of that Act; or (c) reasonable expenses actually incurred by or for the person for any 1 or more of the following-- (i) accommodation; (ii) meals; (iii) domestic air travel; (iv) taxi fares or public transport charges; (v) motor vehicle hire; or (d) an amount (other than an amount paid at the pleasure of the State) paid as a pension, entitlement, remuneration, allowance or otherwise for past service in a paid State appointment. 226B Meaning of class A local government and class B local government for div 2A (1) In this division, a class A local government is a local government prescribed under a regulation as a class A local government. (2) However, if a regulation does not prescribe any local government as a class A local government, a class A local government is a local government that, as decided by the remuneration tribunal under section 250AJ, belongs to category 3 or 4. (3) In this division, a class B local government is a local government prescribed under a regulation as a class B local government. (4) However, if a regulation does not prescribe any local government as a class B local government, a class B local government is any of the following-- (a) Brisbane City Council; (b) a local government that, as decided by the remuneration tribunal under section 250AJ, belongs to category 5 or a higher numbered category. 226C Effect on paid State appointment of person's election as councillor (1) If a person who holds a paid State appointment on a full time basis is elected or appointed as the mayor of a class A local government, the person's paid State appointment is taken to end-- (a) if the person is elected other than as mentioned in paragraph (b)--on the day before the day of the poll at which the person is elected; or (b) if the person is elected under section 310(1)(a)--on the day before the day a poll would have been conducted if a poll had been required; or (c) if the person is appointed--on the day before the day the person is appointed. (2) If a person who holds a paid State appointment on a full time basis is elected or appointed as a councillor, whether or not the mayor, of a class B local government, the person's paid State appointment is taken to end-- (a) if the person is elected other than as mentioned in paragraph (b)--on the day before the day of the poll at which the person is elected; or (b) if the person is elected under section 310(1)(a) or if, for the Brisbane City Council, the person is elected under the Electoral Act 1992, section 89--on the day before the day a poll would have been conducted if a poll had been required; or (c) if the person is appointed--on the day before the day the person is appointed. (3) Subsections (1) and (2) do not stop a person whose holding of a paid State appointment (the original appointment) is ended under subsection (1) or (2)-- (a) from being appointed to hold the original appointment on a part time basis; or (b) from being appointed to hold another paid State appointment on a part time basis. (4) A person appointed as mentioned in subsection (3) is entitled to retain all existing and accruing rights as if the holding of the original appointment, or other paid State appointment, on a part time basis were a continuation of the holding of the original appointment on a full time basis. 226D Councillor not to be appointed to paid State appointment (1) A person who is the mayor of a class A local government must not be appointed to hold a paid State appointment on a full time basis. (2) A person who is a councillor, whether or not the mayor, of a class B local government must not be appointed to hold a paid State appointment on a full time basis. (3) An appointment made in contravention of this section is void. 227 Duration of membership (1) If a councillor is elected at a quadrennial election, the councillor is elected until the next quadrennial election. (2) If a councillor (the new councillor) is elected or appointed to fill a vacancy in the office of a councillor (the former councillor), the new councillor is elected or appointed for the balance of the former councillor's term of office. (3) If a councillor is elected at a fresh election, the councillor is elected for a term of office to-- (a) if a declaration under section 413 applies to the election--the quadrennial elections after the next quadrennial elections; and (b) in any other case--the next quadrennial elections. (4) A councillor's term of office starts-- (a) if the councillor is elected--the day after the day of the conclusion of the councillor's election; or (b) if the councillor is appointed--the day on which the councillor is appointed. (5) A councillor's term of office ends on the day-- (a) the next relevant quadrennial election concludes; or (b) the Legislative Assembly ratifies the dissolution of the applicable local government under section 164(1); or (c) the councillor's office otherwise becomes vacant. 228 Resignation from office as a councillor (1) A councillor may resign by signed notice of resignation given to the local government's chief executive officer. (2) The resignation takes effect when it is given to the chief executive officer unless it is expressed to take effect on a future date. 229 Councillors' role (1) A local government councillor-- (a) represents the overall public interest of the local government's area and, if the councillor is a councillor for a division of the area, also represents the public interest of the division; and (b) takes part in deciding the facilities, services and enterprises that are appropriate for the area; and (c) takes part in formulating, adopting and reviewing-- (i) the local government's corporate plan and operational plans; and (ii) the policies and goals of the local government; and (d) takes part in making decisions for achieving the goals and implementing the policies of the local government. (2) In performing the role, a councillor-- (a) must serve the overall public interest of the area and, if the councillor is a councillor for a division, the public interest of the division; and (b) if conflict arises between the public interest and the private interest of the councillor or another person--must give preference to the public interest. (3) A councillor must ensure there is no conflict, or possible conflict, between the councillor's private interest and the honest performance of the councillor's role of serving the public interest. 230 Limitations on councillors' roles (1) A councillor who is not the mayor must not assume any part of the mayor's role without the mayor's prior approval. (2) A councillor can not direct, and must not attempt to direct, an employee of the local government about the way in which the employee's duties are to be performed. (3) Subsection (4) applies if a councillor directs, purports to direct or attempts to direct, an employee of the local government, or another person otherwise engaged to provide services to the local government, about the way the employee or other person is to perform a relevant duty. (4) The councillor commits an offence. Maximum penalty--85 penalty units. (5) In this section-- relevant duty means the duty of giving the local government a recommendation or advice about-- (a) the grant of a licence, permit or approval, however named, under an Act or under a local law of the local government; or (b) the grant of a concession, rebate or waiver in relation to an amount owed to the local government; or (c) the local government entering into a contract under chapter 6, part 3; or (d) disposing of land or a non-current asset; or (e) allocating any of the local government's resources for carrying out local government programs or projects. resources, of the local government, means staff, funds, plant and equipment of the local government. 231 Additional roles of mayor (1) The mayor of a local government-- (a) presides at, and is responsible for the orderly conduct of, meetings of the local government at which the mayor is present; and (b) ensures the carrying out of the local government's decisions; and (c) exercises the powers, and performs the duties, given to the mayor by the local government; and (d) ensures the appropriate representation of the local government at civic or ceremonial functions. (2) In performing the role mentioned in subsection (1)(b), the mayor may identify to the chief executive officer of the local government the officer's duty in carrying out policies and decisions of the local government. 232 Deputy mayor of local government A local government must appoint a deputy mayor from its councillors, by resolution, at-- (a) its first meeting after the conclusion of each of the quadrennial elections; and (b) its first meeting after the conclusion of a fresh election of all of its councillors; and (c) its first meeting after the deputy mayor's office as councillor otherwise becomes vacant. 233 Office of deputy mayor may be declared vacant (1) A local government may, by resolution, declare that the office of deputy mayor is vacant. (2) The resolution may be passed only if written notice of the resolution has been given to the councillors at least 14 days before the meeting. (3) If a local government declares that the office is vacant, it must immediately appoint a deputy mayor from its councillors. 234 Additional role of deputy mayor The deputy mayor of a local government acts in the office, and performs the role, of the mayor during-- (a) a vacancy in the office of mayor; or (b) the absence or temporary incapacity of the mayor. 235 Appointment of acting mayor A local government may, by resolution, appoint from its councillors an acting mayor, if at any time-- (a) vacancies exist in the offices of mayor and deputy mayor; or (b) a vacancy exists in the office of mayor and the deputy mayor is prevented, by absence or temporary incapacity, from acting in the office; or (c) the mayor and deputy mayor are prevented, by absence or temporary incapacity, from performing the role of mayor. 236 Role of acting mayor The acting mayor of a local government acts in the office of the mayor while the circumstances in which the person was appointed as acting mayor continue. 236A Remuneration for councillors of local governments (1) For a year, a local government may, by resolution, authorise the payment of remuneration to a person who is a councillor of the local government. (2) The resolution-- (a) must be made within 2 months after the remuneration schedule, that applies for the year for the category of local government, is published in the gazette under section 250AQ; and (b) may authorise payment of remuneration on and after 1 January of the year; and (c) must state-- (i) the purpose for which the remuneration is to be paid; and (ii) the person who is entitled to the remuneration; and (iii) the amount of remuneration that is to be paid; and (iv) if the amount of remuneration to be paid to councillors, other than the mayor, varies as between councillors--the reason for the variation. (3) The local government may authorise the payment of remuneration to a councillor of the local government only if the remuneration is the remuneration stated in the remuneration schedule for the category of local government to which the local government belongs. (4) However, if the remuneration tribunal acting under section 250AL approves a different amount of remuneration for a councillor of the local government, the local government may authorise the payment of remuneration to the councillor only in accordance with the approval. (5) If a councillor has entered into an arrangement with the local government under section 238A, the amount of remuneration that would otherwise be payable to the councillor under a resolution under this section is reduced by the percentage or amount the councillor has elected to forgo. (6) A local government must not act under this section in relation to a payment to which section 236B applies. 236B Reimbursement of expenses and provision of facilities for councillors of local governments (1) A local government may, by resolution, authorise either or both of the following-- (a) payment of the reasonable expenses incurred, or to be incurred, by the local government's councillors for discharging their duties and responsibilities as councillors; (b) provision of facilities, including, for example, administrative support staff, to the councillors for discharging their duties and responsibilities as councillors. (2) The local government may authorise payment or provision of facilities under subsection (1) only if the payment or provision complies with the local government's expenses reimbursement policy approved under section 250AR. (3) However, if a councillor of the local government is entitled to receive a benefit or entitlement from the local government because of the councillor's position as a councillor, the councillor may elect to take a lesser amount than the amount provided for under the expenses reimbursement policy. 237 Remuneration, reimbursement of expenses and provision of facilities for person serving on advisory committee (1) A local government may, by resolution, authorise any of the following-- (a) payment of remuneration to a person who is a member of an advisory committee of the local government but is not a councillor; (b) payment of the reasonable expenses incurred, or to be incurred, by the person for discharging the person's duties and responsibilities as a member of the advisory committee; (c) provision of facilities, including, for example, administrative support staff, to the person for discharging the person's duties and responsibilities as a member of the advisory committee. (2) The resolution must state-- (a) the purpose for which the remuneration or expenses are to be paid or the facilities provided; and (b) the person who is entitled to the remuneration, expenses or facilities; and (c) the amount of the remuneration or expenses or the basis on which it is calculated. (3) The basis on which remuneration or expenses are calculated may vary according to the purpose for which the remuneration or expenses are paid or provided. (4) The resolution must specify-- (a) the principles or remuneration system on which the remuneration is based; and (b) the reasons for adopting the principles or system. (5) A resolution under this section operates for no longer than 6 months after the next quadrennial elections. 238 Superannuation benefits for councillors (1) In this section-- audit, of a superannuation scheme, means an audit required under the Commonwealth Superannuation Act. scheme means a voluntary superannuation scheme for councillors. standard permanent employee has the meaning given by section 1170. (2) A local government may-- (a) establish and amend a scheme; or (b) join in establishing and amending a scheme; or (c) take part in a scheme. (3) However, a local government may not establish or take part in a scheme-- (a) under which the contribution to the scheme payable by the local government for its councillors (expressed as a percentage of payment in the nature of salary) is more than-- (i) for the year starting 1 July 1995--11%; or (ii) for the year starting 1 July 1996--11.5%; or (iii) for each later year--12%; or (b) under which the proportion of contribution to the scheme payable by the local government for its councillors is more or less than the proportion of contribution to the LG Super scheme payable by the local government for its standard permanent employees; or (c) under which the local government is required to contribute to the scheme for a person who has ceased to be a councillor; or (d) that does not meet the requirements of the Commonwealth Superannuation Act. (3A) Subsection (3)(a) and (b) do not apply in relation to contributions payable by the local government under an arrangement entered into with a councillor under section 238A. (4) If a local government acts under subsection (2), it may pay an amount from its operating fund by way of a subsidy or contribution to the scheme. (5) An audit of a superannuation scheme established by a local government (whether alone or with another local government) must be carried out by the auditor-general. 238A Councillors may make salary sacrifice arrangements (1) A councillor of a local government may enter into an arrangement with the local government under which-- (a) the councillor agrees to forgo a percentage or amount of the councillor's remuneration entitlement; and (b) the local government agrees to make corresponding contributions for the councillor to a voluntary superannuation scheme for councillors established or taken part in by the local government under section 238. (2) The percentage or amount forgone by the councillor must not be more than the equivalent of 50% of the councillor's remuneration entitlement. (3) In this section-- remuneration entitlement, of a councillor, means the remuneration to which the councillor would be entitled under a resolution of the local government made under section 236A if the councillor had not entered into an arrangement under this section. 239 Insurance of councillors (1) A local government may enter into a contract of insurance with WorkCover Queensland or another insurer for insurance for councillors. (2) For the purpose of the insurance cover, a councillor's role includes, for example, attendance-- (a) at the meetings of the local government or its committees that the councillor is entitled or asked to attend, or at which the councillor has business for a resident of the local government's area; and (b) at inspections or deputations, conferences and meetings at which the councillor's attendance is permitted by the local government; and (c) at official functions organised for the local government; and (d) on residents of the area for the purpose of local government business. 240 Indemnity for councillors (1) A councillor does not incur civil liability for an act or omission done honestly and without negligence under this Act. (2) A liability that would, apart from this section, attach to a councillor attaches instead to the local government. 241 Application to Brisbane City Council This division applies to the Brisbane City Council. 242 Requirements of councillors before acting in office (1) A person elected as a councillor must not act in the office until the person-- (a) gives the chief executive officer of the local government a return in the approved form; and (b) after giving the return, makes a declaration of office. (2) A person appointed as a councillor must not act in the office until the person makes a declaration of office. (3) The return under subsection (1)(a) must state the information the person is required to give under section 427 relating to the disclosure period for the election of the person to the extent that the person states the information is readily available when giving the return. (4) The declaration of office for a councillor of Brisbane City Council must be in the following form-- 'I, ............, having been elected/appointed as a councillor of Brisbane City Council, declare that I will faithfully and impartially fulfil the duties of the office to the best of my judgment and ability.'. (4A) The declaration of office for a councillor of another local government must be in the following form-- 'I, ............, having been elected/appointed as a councillor of the Council of the Region/City/Town/Shire of ............, declare that I will faithfully and impartially fulfil the duties of the office, including perform the role of a councillor under the Local Government Act 1993, section 229, to the best of my judgment and ability.'. (4B) If, when the councillor is elected or appointed, there is a code of conduct for the local government, the declaration of office for the councillor must also include the following statement-- 'I declare that I agree to comply with the Council's code of conduct.'. (5) The chief executive officer of the local government is authorised to take the declaration. (6) The chief executive officer must keep a record of the taking of the declaration. (7) The person ceases to hold office as a councillor if the person does not comply with subsection (1) or (2) within 1 month after being elected or appointed or a longer period allowed by the Minister. (8) The person must not give a return, under subsection (1)(a), containing particulars that are, to the knowledge of the person, false or misleading in a material particular. Maximum penalty for subsection (8)--100 penalty units. 243 Acting as councillor without authority A person must not act as a councillor if the person knows that-- (a) the person is not qualified to be a councillor; or (b) the person's office as a councillor has been vacated. Maximum penalty--85 penalty units. 243A Compliance with code of conduct (1) A councillor must comply with the obligations stated in the local government's code of conduct. (2) A contravention of subsection (1) is not an offence. (3) However-- (a) under part 3A, division 4, the code of conduct may be enforced in relation to the contravention; and (b) if the act or omission that is the contravention is an offence under another provision of this Act, subsection (2) does not prevent a proceeding being taken for the offence. 244 Exclusion from meeting of councillor with material personal interest (1) A councillor who has a material personal interest in an issue to be considered at a meeting of the local government, or any of its committees-- (a) must disclose the interest to the meeting; and (b) must not be present at or take part in the meeting while the issue is being considered or voted on. (2) A councillor who is barred from a meeting under subsection (1) must not be in the chamber where the meeting is being conducted, including any area set apart for the public. 245 Removal of disability (1) The Minister may, by signed notice, relieve a councillor of a local government of a disability to which the councillor is subject under section 244 if-- (a) because of the number of councillors subject to the disability, conduct of a meeting of the local government or committee would be obstructed if relief were not given; or (b) it appears to the Minister to be in the interests of the local government's area that relief be given. (2) The Minister may give the relief subject to conditions specified in the notice. (3) A councillor does not contravene section 244 by taking part in a meeting, or being in the chamber where the meeting is being conducted, if-- (a) the councillor is a person to whom relief is given under subsection (1); and (b) the councillor is complying with the conditions on which the relief is given. 246 Penalty for contravening exclusion from meeting A councillor of a local government who contravenes section 244 is liable to a maximum penalty of-- (a) if the councillor voted on the issue with an intention to gain an advantage for the councillor or anyone else--200 penalty units; (b) in any other case--85 penalty units. 246A Recording of conflict of interest (1) This section applies if a councillor of a local government has a conflict of interest, or could reasonably be taken to have a conflict of interest, in an issue being considered or to be considered at a meeting of the local government or any of its committees. (2) For subsection (1), a councillor has a conflict of interest in an issue if there is a conflict between the councillor's private interest and the honest performance of the councillor's role of serving the public interest. (3) The councillor must declare the conflict of interest to the meeting. (4) The local government must ensure the declaration is recorded in the minutes for the meeting. (5) The record must include-- (a) the nature of the conflict of interest as described by the councillor; and (b) how the councillor dealt with the conflict of interest; and (c) if the councillor voted on the issue--how the councillor voted. (6) In this section-- conflict of interest, for a councillor in an issue, does not include a conflict of interest arising out of a material personal interest the councillor has in the issue. private interest includes both pecuniary and non-pecuniary interests, and may include having received a donation to be used for electoral purposes. 247 Registers of interests (1) The chief executive officer of a local government must keep-- (a) a register of interests of each local government councillor; and (b) a register of interests of the persons who, under a regulation, are related to the councillor. (2) A register-- (a) must relate to only 1 person; and (b) must contain the financial and non-financial particulars prescribed by regulation. (3) If a councillor knows-- (a) of an interest that the chief executive officer must record in a register of interests kept under subsection (1) in relation to the councillor or a person who, under a regulation, is related to the councillor (a related person); or (b) that particulars of an interest recorded in a register kept under subsection (1) in relation to the councillor or a related person are no longer correct; the councillor must tell the chief executive officer of the interest, or the correct particulars, in accordance with the regulations. Maximum penalty for subsection (3)--85 penalty units. 248 Access to registers (1) A register of councillor's interests is open to inspection. (2) A register of other persons' interests is not open to inspection other than by, for each local government, the following-- (a) any councillor of the local government; (b) the chief executive officer of the local government; (c) a person permitted by law to have access to information in the register, or the person's agent. (3) A person seeking access to a register must apply in writing to the chief executive officer. (4) The chief executive officer must record-- (a) the name and home or business address of each person given access to the register; and (b) the day the access is given. (5) The chief executive officer must advise a councillor of any access given to the councillor's register and any register of a person who, under a regulation, is related to a councillor. (5A) Subsections (3) to (5) do not apply to the accessing of information included in a register of councillor's interests if the information relates to any of the following-- (a) gifts received; (b) hospitality benefits received; (c) memberships of organisations. (5B) The local government must ensure the information included in the register of councillor's interests about a matter mentioned in subsection (5A) is made available-- (a) to any member of the public who asks to see it, at the public office of the local government; and (b) if the local government maintains a publicly accessible website-- by being displayed, as soon as practicable after it is received, on the website. (6) A person must not knowingly disclose information obtained from the register-- (a) if it is not a true copy, or a fair summary, of the particulars in the register; or (b) for information from a register of other persons' interests--to a person other than-- (i) for the Brisbane City Council--a person mentioned in subsection (2)(a) or (c); or (ii) for another local government--a person mentioned in subsection (2)(b) or (c). Maximum penalty for subsection (6)--85 penalty units. 249 Queries on contents of register (1) A person who suspects on reasonable grounds that a register does not contain particulars that should be in the register may inform the chief executive officer of the local government. (2) The chief executive officer must immediately inform the councillor concerned. (3) The councillor must, within 30 days of being informed-- (a) establish whether the register should be amended to make it a true record of fact; and (b) if the register should be amended--give the chief executive officer the appropriate particulars in writing. (4) If the councillor establishes that the register does not need to be amended, the councillor must-- (a) complete a statutory declaration to the effect that the particulars in the register are a true record of fact; and (b) give the statutory declaration to the chief executive officer. 250 Improper use of information by councillors (1) A person who is or has been a local government councillor must not make improper use of information acquired as a councillor-- (a) to gain, directly or indirectly, a financial advantage for the person or someone else; or (b) to harm the local government. (2) A person who is or has been a local government councillor must not release information that the person knows, or should reasonably know, is information that is confidential to the local government. Maximum penalty--100 penalty units. 250AA Establishment of Local Government Remuneration Tribunal The Local Government Remuneration Tribunal is established. 250AB Functions The remuneration tribunal has the following functions-- (a) to establish categories of local governments; (b) to categorise local governments according to the established categories; (c) to decide remuneration to be paid to councillors, including mayors and deputy mayors; (d) the other functions that the Minister directs the remuneration tribunal to perform. 250AC Members of remuneration tribunal (1) The remuneration tribunal consists of 3 persons, made up of a chairperson and 2 other members. (2) Each member of the remuneration tribunal is to be appointed by the Governor in Council for a term of not more than 3 years. (3) A person is qualified for appointment as a member only if the person-- (a) has extensive knowledge of and experience in 1 or more of the following-- (i) local government; (ii) public administration; (iii) law; (iv) public finance; (v) industrial relations; (vi) community affairs; or (b) has other knowledge and experience the Governor in Council considers appropriate. (4) A person stops being a member if the person-- (a) resigns by signed notice of resignation given to the Minister; or (b) completes a term of office but is not reappointed; or (c) is removed as a member by the Governor in Council for misbehaviour or physical or mental incapacity; or (d) can not continue as a member under section 250AD. 250AD Disqualification from membership A person can not become, or continue as, a member of the remuneration tribunal if the person-- (a) is, or becomes-- (i) a councillor or an employee of a local government; or (ii) a director of a significant business entity; or (iii) a contractor of a local government; or (iv) a consultant engaged by a local government; or (b) is, or becomes, an insolvent under administration within the meaning of the Corporations Act, section 9; or (c) is, or has been, convicted of an indictable offence and the conviction is not a spent conviction. 250AE Remuneration and appointment conditions of members (1) A member of the remuneration tribunal is entitled to be paid the remuneration and allowances decided by the Governor in Council. (2) A person appointed as a member is eligible for reappointment. (3) A member of the remuneration tribunal holds office on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council. (4) If a commissioner under the Industrial Relations Act 1999 is appointed as a member, the person's appointment does not entitle the person to any remuneration or allowance in addition to the person's salary or allowance as the holder of the person's office as a commissioner. (5) However, the person is entitled to be paid expenses reasonably incurred by the person in performing the functions of a member. 250AF Work performance arrangements (1) The remuneration tribunal may, for performing its functions effectively and efficiently, enter into a work performance arrangement with the chief executive. (2) A work performance arrangement may make provision for all matters necessary and convenient to be provided under the arrangement, including providing for-- (a) the appointment of a public service employee to an office, and the holding of the office by the person, for the arrangement; and (b) the authorising of a public service employee to exercise powers for the arrangement. (3) If a public service employee performs work for the remuneration tribunal under a work performance arrangement, the person-- (a) is not employed by the remuneration tribunal; and (b) remains an employee of the department. (4) To remove any doubt, it is declared that the remuneration tribunal is not authorised to employ a public service employee performing work for the remuneration tribunal under a work performance arrangement. (5) In this section-- work performance arrangement means an arrangement under which a public service employee of the department performs work for the remuneration tribunal. 250AG Conduct of meetings (1) Subject to subsections (2) and (3), meetings of the remuneration tribunal are to be held at the times and places it decides. (2) A member of the remuneration tribunal may call a meeting at any time by giving the other members of the remuneration tribunal at least 7 days written notice of the meeting. (3) If the Minister asks the remuneration tribunal to discuss a local government matter, a meeting of the remuneration tribunal to discuss the matter must be held within 14 days after the Minister's request. 250AH Establishing categories of local governments (1) The remuneration tribunal must establish categories of local governments for this division. (2) The purpose of establishing categories of local governments is to enable the remuneration tribunal to decide the remuneration that may be paid to mayors and other councillors of local governments in each category of local government. 250AI Criteria for establishing categories For establishing categories of local governments, the remuneration tribunal must having regard to the following criteria-- (a) the size, and geographical and environmental terrain, of local government areas; (b) the populations of local government areas, including the areas' demographics, the spread of populations serviced by the local governments and the extent of the services the local governments provide; (c) the size of local governments and the workload associated with particular sizes, including whether councillors of the local governments hold office on a full-time or part-time basis; (d) the diversity, including cultural diversity, of local governments' communities; (e) the extent of development of local government areas, including economic and community development, infrastructure and industry; (f) other matters the remuneration tribunal considers relevant to the effectiveness, efficiency and sustainability of local governments; (g) other matters prescribed under a regulation. 250AJ Deciding and reviewing categories of local governments to which local governments belong (1) The remuneration tribunal must, for each local government, decide the category of local government to which the local government belongs. (2) When making a decision about a local government under subsection (1), the remuneration tribunal must have regard to the criteria it used for establishing categories of local governments. (3) The remuneration tribunal must, at least every 4 years, review the categories of local governments established under section 250AH. (4) After reviewing the categories, the remuneration tribunal must-- (a) decide whether to amend the established categories; and (b) if any category of local government is amended, again decide the categories of any local governments affected by the amendment. 250AK Deciding remuneration (1) The remuneration tribunal must, on or before 1 December in each year and for each category of local government, decide the remuneration that may be paid in the following year to-- (a) a councillor, other than a mayor or deputy mayor, of a local government in the category; and (b) a mayor of a local government in the category; and (c) a deputy mayor of a local government in the category. (2) However, the remuneration decided under subsection (1) must not include any amount for expenses to be paid or facilities to be provided to a councillor of a local government under its expenses reimbursement policy. (2A) Also, the remuneration decided under subsection (1) must not include any contribution a local government makes for a councillor of the local government to a voluntary superannuation scheme for councillors established or taken part in by the local government under section 238. (3) The remuneration tribunal must prepare a schedule (the remuneration schedule) that lists the amounts decided under subsection (1) for each category of local government for the year to which it applies. (4) In making a decision under subsection (1), the remuneration tribunal must have regard to-- (a) the provisions of this Act about entitlements and responsibilities of councillors of local governments; and (b) community expectations about what is appropriate remuneration in the circumstances. (5) Remuneration decided under subsection (1) may include, or may separately provide for, remuneration for the duties a councillor may be required to perform if the councillor is appointed to a committee, or as chairperson of a committee, under section 452. 250AL Discretion to vary remuneration in exceptional circumstances (1) This section applies if a local government considers that, having regard to exceptional circumstances that apply, a councillor of its local government is entitled to a different amount of remuneration from the remuneration stated in the remuneration schedule for the category of local government to which the local government belongs. (2) The local government may make a submission to the remuneration tribunal for approval to vary the remuneration that the councillor may be paid. (3) The remuneration tribunal may, but is not required to, consider the submission. (4) If the remuneration tribunal considers the submission and is satisfied that, having regard to the exceptional circumstances that apply, the councillor is entitled to a different amount of remuneration from that stated in the remuneration schedule, the remuneration tribunal may approve payment of the different remuneration. 250AM Remuneration tribunal may make inquiries For performing its functions under this Act, the remuneration tribunal may make the inquiries it considers necessary. 250AN Conduct of inquiries (1) When making inquiries, the remuneration tribunal-- (a) is not bound by technicalities, legal forms or rules of evidence; and (b) may inform itself in any way the remuneration tribunal considers appropriate; and (c) may decide the procedures to be followed; and (d) may conduct any proceedings in the way the remuneration tribunal considers appropriate. (2) For subsection (1)(b), the remuneration tribunal may consult with persons as the remuneration tribunal considers appropriate. (3) If the remuneration tribunal is conducting an inquiry, the remuneration tribunal must-- (a) invite submissions from local governments, interested groups and persons and members of the public; and (b) state the period within which submissions must be made. (4) Before making a decision for the purpose of performing its functions under this Act, the remuneration tribunal must have regard to any submissions made to the remuneration tribunal within the stated period. (5) The remuneration tribunal may-- (a) require information or submissions to be presented in writing; and (b) decide the matters on which information or submissions may be presented orally. 250AO Membership of remuneration tribunal changes during inquiry (1) This section applies if-- (a) the remuneration tribunal is conducting an inquiry into a particular matter; and (b) a member of the remuneration tribunal stops being a member and is replaced by another person who becomes a member. (2) The inquiry may be finished by the remuneration tribunal as reconstituted. (3) Any decision of the reconstituted remuneration tribunal in relation to a matter the subject of the inquiry has the same force and effect as if the membership of the remuneration tribunal had not changed. 250AP Remuneration tribunal reports (1) The remuneration tribunal must prepare a written report each year on-- (a) the establishment of categories of local governments; and (b) the category of local government to which each local government belongs; and (c) the remuneration schedule for the year; and (d) any approvals made under section 250AL in the previous year. (2) The report must be signed by each member of the remuneration tribunal. (3) The remuneration tribunal must, within 7 days after making a decision about the remuneration schedule for each year, give the report to the Minister. 250AQ Notification and tabling of report The Minister must, as soon as practicable after receiving the report-- (a) publish in the gazette-- (i) the categories of local governments established by the remuneration tribunal; and (ii) the category to which each local government belongs; and (iii) the remuneration schedule; and (b) table the report in the Legislative Assembly. 250AR Chief executive to approve proposed expenses reimbursement policy or amendments of the policy (1) A local government must give to the chief executive a copy of its proposed expenses reimbursement policy, or any proposed amendment of its expenses reimbursement policy, (the proposed policy document) for consideration. (2) The proposed policy document must comply with any relevant guidelines issued by the chief executive. (3) If the chief executive considers the proposed policy document complies with the guidelines, the chief executive must approve the proposed policy document and give the local government written notice of the approval. (4) Also, the chief executive may approve the proposed policy document subject to the local government making the minor changes to the proposed policy document that the chief executive identifies as necessary to comply with the guidelines. (5) If subsection (4) does not apply and the chief executive considers the proposed policy document does not comply with the guidelines, the chief executive must give the local government written notice-- (a) advising how the proposed policy document does not comply; and (b) requiring the local government to give the chief executive a copy of the revised proposed policy document for reconsideration. 250AS Requirement to adopt expenses reimbursement policy or amendment (1) A local government may only adopt, by resolution, an expenses reimbursement policy or an amendment of the expenses reimbursement policy that is the same as the proposed policy document approved by the chief executive under section 250AR. (2) Subsection (1) does not limit a local government's ability to publish the adopted expenses reimbursement policy in the way it chooses or to correct obvious errors in the approved proposed expenses reimbursement policy or amendment. (3) The adopted expenses reimbursement policy or amendment must be notified as required under this division. 250AT Notification of adoption of expenses reimbursement policy (1) As soon as practicable after a local government adopts its expenses reimbursement policy, the local government must give public notice of the policy. (2) The public notice must be published in a newspaper circulating generally in the local government area. 250AU Meetings in public about expenses reimbursement policy A local government must not resolve under section 463 that a meeting at which a proposed expenses reimbursement policy is discussed, or an expenses reimbursement policy is adopted or amended, be closed. 250A Application of part to Brisbane City Council This part applies to the Brisbane City Council. 250B Definitions for pt 3A For this part-- committee of a local government means-- (a) for Brisbane City Council--a committee of the council; or (b) for another local government-- (i) a standing committee or special committee of the local government; or (ii) an advisory committee of the local government if all the members of the committee are councillors. special committee, of a local government, includes, in relation to an indigenous regional council, a community forum or a land panel of the indigenous regional council. statutory obligation for a councillor-- (a) means an obligation under this Act with which the councillor is required to comply only because of holding, or having held, office as a councillor; but (b) does not include the following obligations-- (i) the obligation under section 243A to comply with the code of conduct; (ii) an obligation under a local law. Example for definition of statutory obligation-- The obligations under section 250 about use of information by persons who are or have been councillors would be statutory obligations. However, the obligation under section 1072(1), which applies to any person, would not be a statutory obligation. 250C Requirement to adopt code of conduct for councillors (1) A local government must adopt, by resolution, a code of conduct for councillors that complies with the requirements under division 2-- (a) not later than 1 March 2006; and (b) within 6 months after each quadrennial election held on or after 1 March 2006. (2) A code of conduct for councillors adopted by the local government must be prepared and notified as required under division 3. 250D Model code of conduct for councillors (1) A model code of conduct is a document that-- (a) complies with the requirements under division 2; and (b) is proposed by the Minister as suitable for adoption by local governments as a code of conduct for councillors. (2) A model code of conduct must be gazetted. (3) If a model code of conduct has been gazetted-- (a) a local government may adopt the model code of conduct as its code of conduct under section 250C; and (b) if a local government does not adopt a code of conduct on or before the day mentioned in section 250C(1)(a) or within the period mentioned in section 250C(1)(b)--the model code of conduct is taken to have been adopted by the local government as its code of conduct. 250E Application and duration of code of conduct (1) A local government's code of conduct applies to all councillors of the local government in performing the duties of their office. (2) The code of conduct has effect until-- (a) the next code of conduct is adopted by the local government as required under section 250C(1)(b); or (b) the day by which the local government is next required to adopt a code of conduct under the section. 250F Statutory and additional obligations of councillors (1) A code of conduct for a local government must-- (a) identify each statutory obligation for councillors of the local government for which the Act provides a penalty for contravening; and (b) identify each statutory obligation for councillors of the local government for which the Act does not provide a penalty for contravening. (2) The code may state additional ethical and behavioural obligations with which councillors must comply. (3) An obligation mentioned in subsection (2) must-- (a) not be inconsistent with a statutory obligation identified in the code; and (b) be based on 1 or more of the ethics principles for local government councillors mentioned in section 250G. 250G Ethics principles for local government councillors (1) For section 250F(3)(b), the ethics principles for local government councillors are the principles stated in schedule 1. (2) The ethics principles must be stated in a local government's code of conduct. 250H Code must state what a repeat breach is A local government's code of conduct must state the circumstances in which a meeting breach or minor breach of the code is a repeat breach of the code. 250I Information about making a complaint A local government's code of conduct must include information about how a person can find out how to make a complaint about an alleged breach by a councillor of the code of conduct. 250J Notice of draft code of conduct for councillors (1) A local government may adopt a code of conduct for councillors only if notice of the proposed code has been given. (2) Notice must be given by-- (a) publishing a prescribed notice-- (i) at least 6 weeks, and not more than 8 weeks, before the meeting at which it is proposed to adopt the code; and (ii) in a newspaper circulated generally in the local government's area; and (b) putting a copy of the prescribed notice on display in a conspicuous place in the local government's public office on the day on which the notice is published under paragraph (a); and (c) keeping the copy of the prescribed notice on display until after the meeting. (3) In this section-- prescribed notice means a notice stating-- (a) that the draft code of conduct has been prepared; and (b) where copies of the draft code may be obtained; and (c) an invitation for comments on the draft code; and (d) the day by which comments must be received. (4) The last day for making comments must be at least 21 days after publication of the notice under subsection (2)(a). (5) This section does not apply to a code of conduct taken to have been adopted under section 250D(3)(b). 250K Requirement to consider comments In preparing a final draft of a code of conduct for councillors, the local government must consider all comments made on or before the day stated in the notice given under section 250J. 250L Code of conduct to be available for inspection and purchase A local government must-- (a) ensure its code of conduct is open to inspection; and (b) make copies available for purchase at its public office at a price not more than the cost to the local government of producing the copy and, if a copy is supplied to a purchaser by post, the cost of postage. 250M Categories of code of conduct breaches (1) A councillor commits a meeting breach of the local government's code of conduct if the councillor breaches an obligation under the code, or under a local law, about councillors' behaviour at meetings of-- (a) the local government; or (b) a committee of the local government. (2) A councillor commits a minor breach of the local government's code of conduct if the councillor breaches an obligation stated in the code under section 250F(2), other than an obligation mentioned in subsection (1). (3) A councillor commits a repeat breach of the code if the councillor commits a meeting breach or minor breach that, under the code, is a repeat breach. (4) A councillor commits a statutory breach of the local government's code of conduct if the councillor breaches a statutory obligation identified in the code. 250N References in div 4 to code of conduct breaches In this division, a reference to a breach of a local government's code of conduct includes, in the context of a complaint about an alleged breach of the code of conduct, a reference to the alleged breach. 250O Making a complaint about a meeting breach (1) A complaint about a meeting breach of a local government's code of conduct by a councillor must be made-- (a) at the meeting of the local government, or the committee of the local government, at which the breach is alleged to have been committed; and (b) by another councillor present at the meeting. (2) The complaint may be made by stating it to the person chairing the meeting. (3) If a complaint about a meeting breach is made at a meeting of a committee of the local government, the person chairing the meeting must, as soon as practicable, notify the chief executive officer of the local government of the complaint. (4) The chief executive officer must, as soon as practicable after receiving a complaint under subsection (3), refer the complaint to the local government. (5) This section does not limit a person's ability to make a complaint under a local law in relation to a breach of an obligation under the law mentioned in section 250M(1). 250P When local government must deal with the complaint (1) The local government must deal with a complaint about a meeting breach of its code of conduct-- (a) for a complaint made at a meeting of the local government as required under section 250O(1)(a)-- (i) at the meeting; or (ii) if the local government can not deal with the complaint at the meeting because a quorum is not present-- at the next meeting of the local government; or (b) for a complaint made at a meeting of a committee of the local government as required under section 250O(1)(a)--at the next meeting of the local government held after the complaint is referred to it. (2) In this section-- deal with a complaint means-- (a) decide, under section 250Q(1), to-- (i) take no further action in relation to the complaint; or (ii) refer the complaint to the conduct review panel; or (b) if paragraph (a) does not apply--make the decision about the complaint required under section 250Q(2). 250Q How local government must deal with complaint (1) The local government may decide, by resolution, to do any of the following in relation to a complaint about a meeting breach of its code of conduct by a councillor-- (a) if the local government is satisfied the complaint concerns frivolous matter or is made vexatiously--take no further action; or (b) if the local government is satisfied the complaint is actually a complaint about a statutory breach by the councillor--refer the complaint to the conduct review panel for review. (2) If the local government does not deal with the complaint under subsection (1), the local government must decide, by resolution, whether the councillor has committed the alleged meeting breach. (3) If the local government decides that the councillor committed the meeting breach, it may do any of the following-- (a) take no further action in respect of the breach; (b) by resolution, impose a penalty on the councillor under subdivision 5; (c) if it considers the breach may be a repeat breach of the code of the conduct--refer a complaint about the repeat breach to the conduct review panel for review. (4) In deciding whether the councillor has breached the code of conduct and whether to impose a penalty on the councillor, the local government must comply with the principles of natural justice. (5) This section does not limit the local government's ability to deal with breaches of obligations under a local law mentioned in section 250M(1). 250R Making a complaint about a minor breach A complaint about a minor breach of a local government's code of conduct by a councillor must be made under the local government's general complaints process. 250S How local government must deal with complaints officer's report (1) This section applies if-- (a) a report about a complaint about a minor breach of a local government's code of conduct is given to the local government by the complaints officer who investigated it under the general complaints process; and (b) the report states the complaint has not been resolved through the process. (2) The local government may decide, by resolution, to take no further action in relation to the complaint if the local government is satisfied it concerns frivolous matter or was made vexatiously. (3) If the local government does not deal with the complaint under subsection (2), the local government must decide, by resolution, whether the councillor has committed the alleged minor breach. (4) If the local government decides the councillor committed the minor breach, it may do any of the following-- (a) take no further action in respect of the breach; (b) by resolution, impose a penalty on the councillor under subdivision 5; (c) if it considers the breach may be a repeat breach of the code of conduct--refer a complaint about the repeat breach to its conduct review panel for review. (5) In deciding whether the councillor has breached the code of conduct and whether to impose a penalty on the councillor, the local government must comply with the principles of natural justice. 250T Making a complaint about a statutory breach (1) A person may make a complaint about a statutory breach by a councillor by giving written notice of the complaint to the local government's chief executive officer. (2) Subsection (1) does not limit a person's ability to make a complaint about a statutory breach under the Crime and Misconduct Act 2001 or the Ombudsman Act 2001. 250U Referring complaints about statutory breaches to conduct review panel (1) The chief executive officer must refer a complaint about a statutory breach of the local government's code of conduct by a councillor to the conduct review panel for review if-- (a) the complaint is made to the chief executive officer under section 250T(1) and the chief executive officer is not required, under the Crime and Misconduct Act 2001, to notify the CMC about the complaint; or (b) a complaint about the breach has been made to the CMC or the ombudsman (the external review body) and the external review body has notified the chief executive officer that the external review body-- (i) has decided not to take action, or to discontinue action, in relation to the complaint; and (ii) recommends the complaint be referred to the local government's conduct review panel for review. (2) If a complaint is referred to the conduct review panel under subsection (1), the chief executive officer must, as soon as practicable, give the councillor written notice that a complaint about a statutory breach by the councillor has been referred to the panel. 250V Review of complaints by conduct review panel (1) The conduct review panel must review a complaint about a repeat breach or statutory breach of the local government's code of conduct by a councillor if the complaint is referred to the panel by-- (a) for a repeat breach--the local government under section 250Q or 250S; or (b) for a statutory breach--the chief executive officer under section 250U. (2) The conduct review panel must give a report to the local government about its review of the complaint. (3) In the report, the panel may-- (a) state whether-- (i) the panel considers the complaint to concern frivolous matter or to have been made vexatiously; or (ii) the panel considers more information would be required to make a recommendation mentioned in paragraph (b); and (b) make recommendations to the local government about-- (i) whether the panel considers the councillor committed the alleged repeat breach or statutory breach; and (ii) what the panel considers would be an appropriate penalty, as provided for under subdivision 5, for the councillor. (4) Subsection (3)(a)(i) does not apply in relation to a complaint about a statutory breach mentioned in section 250U(1)(b). (5) A councillor is not entitled to inspect, make a copy of, or take an extract from, a panel document relating to the complaint until the panel has given a report about the complaint to the local government as required under subsection (2). (6) In this section-- panel document means any of the following-- (a) a document held by the conduct review panel; (b) a record about a proceeding of the conduct review panel. 250W Decision by local government about repeat breach or statutory breach (1) This section applies if the conduct review panel gives the local government a report on a complaint about a repeat breach or statutory breach it has reviewed as required under section 250V. (2) Unless the report states the panel considers the complaint to concern frivolous matter or to have been made vexatiously, the local government must decide, by resolution, whether the councillor has committed the alleged repeat breach or statutory breach. (3) If the local government decides the councillor has committed the breach, it may-- (a) take no further action in respect of the breach; or (b) by resolution, impose a penalty on the councillor under subdivision 5. (4) In deciding whether the councillor breached the code of conduct and whether to impose a penalty on the councillor, the local government must comply with the principles of natural justice. (5) A resolution made by the local government under this section that does not adopt a recommendation made by the conduct review panel must include a statement of the reasons for not adopting the recommendation. 250X Penalties local government may impose (1) This section applies if a local government decides, under section 250Q, 250S or 250W, that a councillor has breached the local government's code of conduct. (2) The local government may impose 1 or more of the following penalties on the councillor-- (a) a written reprimand; (b) for a meeting breach--suspension from the remainder of the local government meeting at which the local government decides the councillor has breached the code; (c) suspension for a stated period from future meetings of-- (i) the local government; and (ii) a committee of the local government of which the councillor is a member. (3) The maximum period of a suspension under subsection (2)(c) must not include more than-- (a) for a meeting breach or minor breach--1 ordinary meeting of the local government; or (b) for a repeat breach or statutory breach--2 consecutive ordinary meetings of the local government. 250Y Effect of suspension of councillor for s 252 (1) This section applies if a local government imposes a penalty on a councillor under section 250X(2)(c). (2) For section 252, the councillor is taken to have leave from the local government to be absent from the meetings of the local government from which the councillor is suspended. 250Z Pool of members for conduct review panel (1) Each local government must appoint a pool of members for its conduct review panel. (2) An individual must not be appointed to the pool of members unless, under section 250ZA, the individual is qualified for appointment as a member of the panel. (3) An individual may be appointed to the pool of members for not more than 4 years. (4) When the panel is convened, it must consist of not less than 3 individuals from the pool of members. (5) The panel may be convened by the local government as required to review complaints referred to the panel under subdivision 4. 250ZA Qualifications for appointment as member of conduct review panel (1) An individual is qualified for appointment as a member of a conduct review panel only if the individual-- (a) has extensive knowledge and experience in local government, public administration, law, public finance or community affairs; or (b) has other qualifications and experience the local government considers appropriate. (2) However, an individual who would otherwise be qualified for appointment under subsection (1) is not qualified if the individual-- (a) is a member of, or is a nominee for election as a member of, an Australian parliament; or (b) is a councillor of, or is a nominee for election as a councillor of, a local government; or (c) accepts appointment as a councillor of a local government; or (d) is a member of a political party; or (e) is a local government employee. 250ZB Removal from pool of conduct review panel members Individuals may remove themselves from the pool of members for a conduct review panel by giving written notice to the local government. 250ZC Quorum for meetings of conduct review panel A quorum for a meeting of a conduct review panel is the greater of the following-- (a) 3 panel members; (b) a majority of the panel members. 250ZD Chairperson of conduct review panel (1) If the local government does not appoint a chairperson for a conduct review panel, the panel may appoint 1 of its members as chairperson. (2) If the chairperson is not present at a meeting, the members present may appoint a chairperson for the meeting. 250ZE Meetings of conduct review panel (1) Meetings of a conduct review panel are to be held at the times and places it decides. (2) At a meeting-- (a) a question is decided by a majority of the votes of the members present; and (b) each member present has a vote on each question to be decided and, if the votes are equal, the chairperson for the meeting has a casting vote; and (c) if a member present fails to vote, the member is taken to have voted in the negative. 250ZF Payment of fee to members of conduct review panel by local government A member of a conduct review panel is entitled to be paid a fee for attending meetings of the panel as agreed with the local government. 250ZG Costs of conduct review panel to be met by local government The costs of convening a conduct review panel must be paid by the local government. Examples of costs-- reimbursement of travel and accommodation expenses incurred by members in attending meetings of the panel meeting fees payable to members of the panel as agreed by the local government 250ZH Indemnity for panel members (1) A member of a conduct review panel does not incur civil liability for an act or omission done honestly and without negligence under this Act. (2) A liability that would, apart from this section, attach to a member of a conduct review panel attaches instead to the local government. 250ZI Indemnity for persons giving information to a conduct review panel (1) A person giving information to a conduct review panel does not incur civil liability for giving information to the panel honestly and without negligence. (2) This section does not limit the operation of the Whistleblowers Protection Act 1994. 250ZJ Frivolous or vexatious complaint (1) A local government may give notice to a person that a complaint made by the person about a breach of the local government's code of conduct by a councillor will not be dealt with because it appears-- (a) to concern frivolous matter; or (b) to have been made vexatiously. (2) The notice must advise the person that if the person again makes the same or substantially the same complaint to the local government the person commits an offence under subsection (3). (3) A person who, after receiving the notice mentioned in subsection (2), again makes the same or substantially the same complaint to the local government commits an offence. Maximum penalty--20 penalty units. (4) It is a defence to prove that the complaint did not concern frivolous matter and was not made vexatiously. (5) This section does not apply in relation to a complaint about a statutory breach originally made to the CMC or the ombudsman and referred to the conduct review panel under section 250U. 251 Application of part to Brisbane City Council This part applies to the Brisbane City Council. 252 When councillor's office becomes vacant (1) A person's office as a local government councillor is vacated if the person-- (a) ceases to be qualified to be or become a councillor under part 1, division 2; or (b) without the local government's leave, is absent from 3 or more consecutive ordinary meetings of the local government over at least 3 months; or (c) on a review under the Judicial Review Act 1991, is found to be unlawfully elected or appointed, or ineligible to continue to act as, a councillor of the local government; or (d) resigns as a councillor; or (e) becomes a local government employee; or (f) otherwise ceases to hold the office before the end of the councillor's term of office. (2) In this section-- local government employee does not include-- (a) a person employed under a Commonwealth funded community development project for Aborigines or Torres Strait Islanders; or (b) a person prescribed by regulation. 253 Filling of earlier vacancies by by-election (1) This section applies if a person's office as a local government councillor becomes vacant before 1 March (the cut off date) in the year before the year in which the next quadrennial elections for the local government are to be held. (2) The vacancy must be filled by a by-election. 254 Filling of later vacancies by appointment (1) This section applies if the office of a person (the former councillor) as a local government councillor becomes vacant on or after the cut off date. (2) The local government must fill the office by appointing a qualified person (the new councillor) to the office. (3) Subsection (4) applies if-- (a) the last filling of the office of the former councillor was by an election; and (b) the former councillor was a candidate for the election; and (c) the former councillor was nominated for the election by a registered officer of a political party under-- (i) section 303(1)(a); or (ii) if the former councillor was a councillor of the Brisbane City Council--the Electoral Act 1992, section 84 (1)(a). (4) The new councillor must be the political party's nominee. (5) If the last filling of the office of the former councillor was by an appointment of a political party's nominee made in accordance with subsection (4) or this subsection, the new councillor must be a nominee of the political party. (6) If the former councillor held office as mayor of the local government, the local government must fill that office by appointing-- (a) an existing councillor as mayor; or (b) another qualified person as mayor. (7) Subsection (8) applies if-- (a) the former councillor held office as mayor; and (b) the last filling of the office of mayor was at an election; and (c) the former councillor was a candidate for the election; and (d) the former councillor was nominated for the election by a registered officer of a political party under-- (i) section 303(1)(a); or (ii) if the former councillor was a councillor of the Brisbane City Council--the Electoral Act 1992, section 84 (1)(a). (8) The person appointed under subsection (6) must be the political party's nominee. (9) If the last filling of the office of mayor was by an appointment of a political party's nominee made in accordance with subsection (8) or this subsection, the person appointed under subsection (6) must be a nominee of the political party. (10) If the former councillor held office as mayor, the local government may act under subsection (2) for the vacancy only if it has already appointed an existing councillor as mayor. (11) If a vacancy that should be filled under this section is not properly filled within 2 months after the vacancy happens, the Governor in Council may appoint a qualified person to fill the vacancy. (12) In this section-- qualified person means a person who is qualified to become a councillor of the local government. 255 Duty to seek political party's nominee for appointment to vacancy (1) This section applies if there is a vacancy in the office of a local government councillor and the vacancy is to be filled by the nominee of a political party. (2) Within 14 days after the vacancy happens, the chief executive officer of the local government must, by written notice given to the political party, request the party to inform the officer of the full name and address of its nominee to fill the vacancy. (3) The notice may be given to the political party by giving it to the party's registered officer under the Electoral Act 1992. 256 Duty to seek other nominees for appointment to vacancy (1) This section applies if there is a vacancy in the office of a local government councillor and the vacancy is not to be filled by the nominee of a political party. (2) Within 14 days after the vacancy happens, the chief executive officer must- - (a) by notice published in a newspaper circulating generally in the local government's area, invite nominations from persons qualified to fill the vacancy; and (b) by written notice to each person who was a candidate for the office at the last election-- (i) inform the person of the vacancy; and (ii) ask the person to indicate in writing whether the person is willing to accept the office if appointed. (3) If persons qualified to fill the vacancy nominate for appointment or indicate a willingness to accept the office if appointed, the local government must fill the vacancy by appointment from among the persons. 257 Election of members (1) Each component local government or group of component local governments of a joint local government must elect the number of representatives to which the local government or group is entitled on the joint local government. (2) The representatives must be elected from-- (a) for a component local government--its councillors; or (b) for a group of local governments--the councillors of the local governments in the group. (3) This section is subject to any regulation made for the joint local government under section 48(2). 258 When members are to be elected The election of the members of a joint local government must be held-- (a) before the first meeting of the joint local government; and (b) within 1 month after each of the later quadrennial elections of local governments. 259 Delegate members (1) Each component local government or group of component local governments must elect 1 person as a delegate representative on the joint local government. (2) The delegate representative must be elected from-- (a) for a component local government--its councillors; or (b) for a group of local governments--the councillors of the local governments in the group. (3) In the absence of a representative of a component local government or group of component local governments, the delegate representative may act as the representative. 260 Filling of casual vacancies (1) If a vacancy happens in the office of a representative or delegate representative of a component local government or group of component local governments, the component local government or group must, within 2 months after the vacancy happens, elect a new representative or new delegate representative to fill the vacancy. (2) The representative or delegate representative must be elected from-- (a) for a component local government--its councillors; or (b) for a group of local governments--the councillors of the local governments in the group. (3) This section is subject to any regulation made for the joint local government under section 48(2). 261 Returning officer for elections The returning officer for an election of a representative or delegate representative of a group of component local governments in a joint local government is-- (a) the joint local government's chief executive officer; or (b) if there is no chief executive officer of the joint local government--a person appointed by the Minister for the purpose. 262 Appointment of representatives on default If a component local government or group of component local governments fails to elect the number of representatives in a joint local government to which it is entitled at or within the time it is required to elect them, the Governor in Council may, by gazette notice, appoint a number of councillors of the component local government or group of component local governments necessary to make up the required number of representatives. 263 President and deputy president (1) A joint local government must appoint a president and deputy president from its members, by resolution, at-- (a) the first meeting of the joint local government; and (b) at its first meeting after each of the later quadrennial elections of local governments. (2) For the purpose of electing the president, the chief executive officer or someone else appointed by the Minister is to preside (without entitlement to vote). (3) This section applies subject to any regulation made for the joint local government under section 44(b). 264 Presiding at meetings (1) The president of a joint local government presides at meetings of the joint local government at which the president is present. (2) If the president is not present at a meeting, the deputy president is to preside. 265 Overriding duty of joint local government member In taking part in the exercise of a joint local government's jurisdiction, a member of the joint local government must act in the best interests of-- (a) the whole of its area; and (b) the responsible exercise of the joint local government's jurisdiction in its area. 266 Quadrennial elections Councillors of a local government are to be elected once every 4 years. 267 Types of elections (1) A quadrennial or fresh election of the mayor of a local government is an election for the whole of the local government's area. (2) A quadrennial or fresh election for another councillor of a local government is-- (a) if the local government's area does not have divisions--an election for the whole of the area; or (b) if the local government's area has divisions--an election for each division of the area. (3) A by-election to fill a vacancy in the office of a local government councillor is an election for its area, or the division of its area, for which the councillor was elected. 268 Elections to be held on a Saturday Every local government election must be held on a Saturday. 269 Date of quadrennial elections (1) A quadrennial election must be held in, and every fourth year after, 2000. (2) A quadrennial election must be held on the last Saturday in March. (3) However, a regulation may fix a different date for a particular year. 270 Date of by-elections (1) A by-election to fill a vacancy in the office of a local government councillor is to be held on the date fixed by the returning officer for the election. (2) The date fixed must be within 10 weeks after the vacancy happens. 271 Local governments responsible for expenditure for conducting elections A local government is responsible for expenditure incurred for the conduct of an election in its local government area. 272 Chief executive officer is returning officer (1) The chief executive officer of a local government is the returning officer for every election of a councillor of the local government. (2) This section is subject to section 273. 273 Appointment of returning officer in place of the chief executive officer (1) If the chief executive officer considers on reasonable grounds that it is appropriate to appoint another individual as returning officer for an election, the chief executive officer may make the appointment in the approved form. (2) An individual who is not a current employee of the local government can not be appointed as returning officer for an election unless the chief executive officer-- (a) has to the extent practicable, by public notice in a newspaper circulating generally in the local government area and in any other newspaper the chief executive officer considers appropriate, invited expressions of interest from individuals who are suitably qualified to conduct elections; and (b) if the chief executive officer considers it appropriate--has invited submissions for appointment as returning officer from any individual the chief executive officer considers may be suitably qualified to conduct elections; and (c) has taken into account-- (i) the individual's qualifications to be a returning officer; and (ii) information supplied by the individual and any referees; and (iii) the cost of the individual providing the services required. (3) Subsections (4) to (6) apply if a returning officer appointed by the chief executive officer is, for any reason, unable to perform the duties of the returning officer. (4) If possible, the returning officer must immediately inform the chief executive officer. (5) The chief executive officer may become the returning officer or appoint another individual to be the returning officer for the election. (6) To the extent practicable, subsection (2) applies to the appointment of a returning officer under subsection (5) who is not a current employee of the local government. (7) If the chief executive officer believes he or she can not properly perform the duties of returning officer for an election because of a possible conflict of interest, the chief executive officer must ask the Minister to appoint another individual as returning officer for the election. (8) The Minister may appoint another individual as returning officer for the election. 274 Returning officer's duty for by-election As soon as practicable after fixing the day for holding a by-election, the returning officer must-- (a) publish, in a newspaper circulating generally in the local government area and in the other ways that the officer may consider appropriate, notice of-- (i) the day fixed; and (ii) the cut off day for the voters roll for the by- election; and (b) take the steps required by this Act for holding the by-election. 275 Returning officer must compile voters roll The returning officer for a local government election must compile the roll of persons entitled to vote at the election (the voters roll). 276 Qualification for enrolment on voters roll A person is entitled to vote at a local government election if the person is an elector under the Electoral Act 1992 for an electoral district, or a part of an electoral district, included-- (a) for an election for the whole of the local government's area--in the area; or (b) for an election for a division of the local government's area--in the division. 277 Cut off day for voters roll A voters roll must be compiled to 1 of the following dates-- (a) for a quadrennial election--31 January in the year of the election; (b) for a by-election to fill a vacancy in the office of a local government councillor--at least 5 days, and not more than 7 days, after the publication in a newspaper, under section 274, of notice of the day of the by-election. 278 Use of electoral roll when practicable (1) The voters roll for an election for a local government must consist of the persons enrolled on an electoral roll for an electoral district, or a part of an electoral district, included-- (a) for an election for the whole of the local government's area--in the area; or (b) for an election for a division of the local government's area--in the division. (2) However, the returning officer may make the changes to the electoral roll, compiled to the cut off day for the voters roll, that are necessary because the boundaries of the area or its divisions are not identical with the boundaries of the electoral district. 279 Requirements of voters roll (1) A voters roll for an election must-- (a) show the names of all persons entitled to vote at the election; and (b) be in the form of the electoral roll used for elections of the Legislative Assembly. (2) The returning officer must not include in a voters roll an elector's address that, under the Electoral Act 1992, is excluded from the publicly available part of an electoral roll. 280 Voters roll to be open to inspection and purchase (1) A voters roll for an election is open to inspection. (2) Copies of the voters roll must be available for purchase at the local government's public office. (3) The price of a copy of the voters roll must be no more than the cost to the local government of having the copy available for purchase and, if the copy is posted to the purchaser, the postage cost. 281 Electoral registrars to help returning officers An electoral registrar under the Electoral Act 1992 must give a returning officer the assistance that the returning officer reasonably requires to compile a voters roll for a local government election. 282 Compulsory voting Voting at an election for a local government is compulsory and each elector is entitled to 1 vote only. 283 System of voting The system of voting at an election for a councillor is-- (a) for a local government area divided into single-member divisions- -optional-preferential voting; and (b) in any other case--first-past-the-post voting. 284 Application of part to Brisbane City Council This part applies to the Brisbane City Council. 284AA Non-application of part to indigenous regional councils (1) This part does not apply to an indigenous regional council. (2) For any election of a councillor of an indigenous regional council after the 2008 quadrennial elections, the following matters must be provided for under a regulation-- (a) whether the council's local government area is divided; (b) if the area is divided-- (i) what the divisions are; and (ii) the number of councillors assigned to each division. 284A Definition for pt 5 In this part-- information date means-- (a) for Brisbane City Council--1 October in the year that is 2 years before the year of the quadrennial elections for local governments; or (b) for another local government--1 March in the year before the year of the quadrennial elections for local governments. 285 Equitable division of local government areas (1) For each divided local government area and each local government area, or proposed local government area, that is proposed to be divided, there must be a quota of voters for each councillor to be elected for a division of the area. (2) The quota is worked out by dividing the total number of electors, as nearly as can be found out, by the number of councillors (other than the mayor) of the local government. 286 Quota to be complied with in division of local government area and assignment of councillors (1) The quota worked out for a local government area or proposed local government area under section 285 must be complied with in the determination of-- (a) a reviewable local government matter (other than a limited reviewable local government matter); or (b) a limited reviewable local government matter. (2) However, a margin of allowance may be adopted if necessary, but the quota must not be departed from-- (a) for a local government area with more than 10000 electors--by more than 10%; or (b) for another local government area--by more than 20%. (3) Also, an electoral and boundaries review commission may, if it is satisfied it is appropriate in its determination, under section 93(4) or 102(4), of a reviewable local government matter, adopt a margin of allowance, but the quota must not be departed from-- (a) for a local government area with more than 10000 electors--by more than 20%; or (b) for another local government area--by more than 40%. (4) However, a commission must not make a determination under subsection (3) in the period starting on the information date mentioned in section 287 for a local government and ending on the date of the next quadrennial elections. (5) Also, subsection (3) does not apply if-- (a) the reference for the matter includes a reviewable local government matter mentioned in section 64(1)(a) or (f); or (b) the matter is referred to the commissioner under section 288. (6) For subsection (2), the quota must be worked out as near as practicable to- - (a) if the matter is a reviewable local government matter (other than a limited reviewable local government matter)--the time notice of the proposed determination of the matter is given under section 90 or 100; or (b) if the matter is a limited reviewable local government matter-- the time notification in the gazette of the determination of the matter is given under section 109. (7) For subsection (3), the quota must be worked out as near as practicable to the time notice of the proposed determination of the matter is given under section 90 or 100. 287 Disclosure of compliance or noncompliance with quota requirements (1) Not later than the information date, each local government whose area is divided must inform the Minister, in writing, whether each division of its area is consistent with the basis specified in section 286(2). (2) The information must be based on the roll of electors in each division available as near as practicable to the information date. (3) However, subsection (1) does not apply to a local government, if-- (a) an electoral and boundaries review commission has made a delayed implementation determination for a reviewable local government matter for the local government's area; and (b) the determination was made after the conduct of the last election of all councillors for the local governments affected by the determination. 288 Matter of area's division referred to commissioner (1) The Minister must refer the matter of the division of a local government's area to the commissioner if the local government informs the Minister-- (a) for the 2004 quadrennial elections for local governments or the quadrennial elections held every 8 years after the 2004 quadrennial elections-- (i) if the local government has less than 6 divisions--2 or more divisions in its area are not consistent with the basis specified in section 286(2); or (ii) if the local government has 6 or more divisions--one- third or more of the divisions in its area are not consistent with the basis specified in section 286(2); or (b) for the 2008 quadrennial elections for local governments or the quadrennial elections held every 8 years after the 2008 quadrennial elections--a division in its area is not consistent with the basis specified in section 286(2). (2) Also, the Minister must refer the matter of the division of a local government's area to the commissioner if-- (a) the local government fails to inform the Minister as required by section 287 about its area; or (b) the Minister reasonably believes information given under section 287 is incorrect. (3) In addition, the Minister must refer the matter of the division of a local government's area to the commissioner-- (a) if-- (i) an electoral and boundaries review commission has made a determination, under section 93(4) or 102(4), for a reviewable local government matter for the area; or (ii) an electoral and boundaries review commission has made a delayed implementation determination for a reviewable local government matter for the area; and (b) the determination was made since the conduct of the last election of all councillors for the local governments affected by the determination. (4) If the number of divisions in a local government area is not a multiple of 3, the area is, for subsection (1)(a)(ii), taken to have the number of divisions that is the next lower number to the actual number of divisions that is a multiple of 3. (5) A reference under subsection (3) must be made as soon as practicable after the information date for the local government. 289 Conduct of elections An election must be conducted under this part. 290 Returning officer The returning officer for an election is responsible for its proper conduct. 291 Assistant returning officers (1) The returning officer for an election may appoint 1 or more assistant returning officers for the election. (2) An appointment under subsection (1) must be in the approved form. 292 Presiding officers (1) The returning officer-- (a) may be presiding officer at a polling booth; and (b) must appoint an adult as presiding officer at each polling booth other than the booth where the returning officer is the presiding officer. (2) A presiding officer at a polling booth is responsible for the proper conduct of the poll at the booth and for carrying out the other duties for the election that are required by the returning officer. (3) If a person is unable to act as presiding officer at a polling booth, the returning officer, or someone else with the returning officer's approval, may appoint an adult as presiding officer at the booth while the person is unable to act. (4) An appointment under subsection (1) or (3) must be in the approved form. 293 Issuing officers (1) The returning officer, or a presiding officer with the returning officer's approval, may appoint adults (issuing officers) to-- (a) give ballot papers, declaration envelopes and declaration forms to electors; and (b) perform the other duties for the election that are required by the presiding officer. (2) The appointment must be in the approved form. (3) Anything done by an issuing officer under subsection (1)(b) is taken to be done by the returning officer or the presiding officer. 294 Declaration by issuing officers An issuing officer must make a declaration in the approved form before acting as an issuing officer. 295 Returning officer may act through other officers If-- (a) the returning officer may, under this part, do anything; and (b) the returning officer authorises an assistant returning officer, presiding officer or issuing officer (the authorised officer) to do the thing; and (c) the authorised officer does the thing; the thing is taken to have been done by the returning officer. Examples-- 1 For an election, if the returning officer authorises an assistant returning officer to conduct the election in a division, and the assistant returning officer does so, the returning officer is taken to have conducted the election in the division. 2 For an election, if the returning officer authorises an assistant returning officer to carry out the functions of the returning officer under section 366, the returning officer is taken to have carried out those functions. 3 Under section 351, declaration envelopes are to be posted or given to the returning officer. For an election, the returning officer could authorise an issuing officer to receive declaration envelopes, to remove the declaration envelopes containing the ballot papers from the return address envelopes and place the declaration envelopes in a ballot box. 296 Assistant returning officer may act through certain authorised officers If-- (a) an assistant returning officer may, under this part, do anything; and (b) the assistant returning officer authorises a presiding officer or issuing officer to do the thing; and (c) the presiding officer or issuing officer does the thing; the thing is taken to have been done by the assistant returning officer. 297 Supply and use of voters rolls (1) The returning officer must give to the presiding officer at each polling booth enough copies of the voters roll certified in the approved form by the returning officer. (2) An issuing officer must use a certified copy of the voters roll for taking the ballot in the election. 298 Qualification for nomination (1) Subject to subsection (3), a person who is qualified under chapter 4, part 1, division 2, to become a councillor of a local government may nominate for election or appointment to the local government. (2) A person is not disqualified from nominating because the person is a member of the Legislative Assembly or a local government employee. (3) A person who is a candidate for election as a member of an Australian Parliament, is not qualified to be nominated for election or appointed as a councillor of a local government until-- (a) for an election under the Electoral Act 1992--the day the Electoral Commission is notified, under section 122(1) of that Act, of the candidate elected for the electoral district for which the person is a candidate; or (b) for an election under the Commonwealth Electoral Act 1918 (Cwlth)-- (i) the day the result of the election and the candidates elected are declared under section 283 of that Act; or (ii) the day the candidate elected for the division for which the person is a candidate is declared under section 284 of that Act. (4) This section applies to the Brisbane City Council. 299 Prohibition of dual candidature (1) A person can not, at the same time, be a candidate-- (a) for election as mayor of a local government and as another councillor of the local government; or (b) for election as a councillor of a local government for more than 1 division of the local government's area. (2) If, at noon on the nomination day, a person is nominated as a candidate in contravention of subsection (1), each of the nominations is of no effect. (3) This section applies to the Brisbane City Council. 300 Leave to local government employee to contest election (1) A local government employee who nominates as a candidate for election as a local government councillor is entitled to leave of absence for a period of not more than 2 months to contest the election. (2) A local government employee may use any entitlement to accrued leave with pay as leave to which the employee is entitled under subsection (1). (3) Unless leave is taken under subsection (2), the local government employee is not entitled to payment of salary or wages for any period of leave taken under subsection (1). (4) This section applies to the Brisbane City Council. 301 Calling for nominations (1) The returning officer must publish notice of the election in a newspaper circulating generally in the local government area, or division of the local government area, for which the election is to be held. (2) The notice must-- (a) be in the approved form; and (b) specify a day as the nomination day-- (i) not less than 10, or more than 21, days after the day of publication of the notice; and (ii) not less than 21, or more than 42, days before the day on which the election is to be held; and (c) specify a place of nomination; and (d) invite nominations of candidates for the election. (3) The place of nomination must be-- (a) the local government's public office; or (b) a place in its area convenient generally to persons in its area. 302 Who may nominate (1) A candidate for election as a councillor of a local government must be a person who is qualified under section 298 to nominate for the election. (2) This section applies to the Brisbane City Council. 303 How and when nomination is given (1) A person who wishes to be a candidate for election must be nominated by-- (a) the registered officer under the Electoral Act 1992 of a political party that has endorsed the person as a candidate for the election; or (b) at least 6 electors for the local government area, or division of the local government area, for which the election is to be held. (2) A nomination must be-- (a) in the approved form; and (b) given to the returning officer after the nominations are invited for the election but before noon on the nomination day. 304 Deposit to accompany nomination (1) Before noon on the nomination day, the person nominating as a candidate, or another person on behalf of the person nominating as a candidate, must deposit, in cash or by a cheque drawn by a financial institution, with the returning officer-- (a) $150; or (b) if another amount is prescribed by regulation--the amount. (2) The deposit must be held in the trust fund of the local government until it is refunded, or becomes the property of the local government, under this part. 305 Special grounds for deciding a person is not properly nominated (1) In this section-- nomination name means the name proposed by a candidate to be used on the ballot paper as the candidate's name under section 325(3). parliamentary party means an organisation-- (a) whose object or activity, or 1 of whose objects or activities, is the promotion of the election to an Australian parliament of a candidate or candidates endorsed by it or by a body or organisation of which it forms a part; and (b) of which at least 1 member is a member of an Australian parliament. party name means the name, or an abbreviation or acronym of the name of-- (a) a parliamentary party; or (b) a political party; or (c) an organisation or group whose object or activity, or 1 of whose objects or activities, is the promotion of the election of a candidate or candidates endorsed by it or by a body or organisation of which it forms a part to-- (i) an Australian parliament; or (ii) an office of councillor of a local government. public body name means the name, or an abbreviation or acronym of the name, of a prominent public body. (2) The returning officer may decide that a person whose name has been changed is not properly nominated because the nomination name-- (a) is a party name; or (b) so nearly resembles a party name that it is likely to be confused with or mistaken for the party name; or (c) includes the word 'independent'; or (d) is a public body name; or (e) so nearly resembles a public body name that it is likely to be confused with or mistaken for the public body name; or (f) is obscene or offensive. (3) The returning officer may also decide that a person whose name has been changed is not properly nominated if the returning officer considers the name could cause confusion. Example of subsection (3)-- If a person's name is 'Informal', the returning officer may consider that the name could cause confusion to electors. (4) If the returning officer decides a person is not properly nominated under this section for an election, the returning officer must give the person a notice stating-- (a) the decision; and (b) the reasons for the decision; and (c) the person's right to apply for an injunction. 306 Certificate of returning officer (1) If the returning officer is satisfied a person has been properly nominated for election, the returning officer must-- (a) certify the nomination, in the approved form; and (b) give a copy of the certificate to the candidate. (2) The certificate must specify the time, day and place proposed for a draw, if necessary, for the order of listing of candidates' names on the ballot paper. (3) A person is properly nominated for election if-- (a) sections 302 to 304 have been complied with, or have been substantially complied with apart from a mere formal defect or error in the nomination; and (b) section 299 does not apply to the person's nomination; and (c) the nomination has not been withdrawn. (4) The returning officer is not obliged to look beyond-- (a) the form of nomination and payment of the deposit; and (b) the voters roll; and (c) documentary evidence produced by the nominee or nominator that at the time the voters roll is compiled for the election-- (i) the nominator is an elector for the election or the registered officer under the Electoral Act 1992 of a political party; or (ii) the nominee is, under the Electoral Act 1992, an elector for an electoral district, or part of an electoral district, included in the local government's area. (5) If a nomination is wrongly certified by the returning officer, the certification, or the issue of a copy of the certificate, does not validate the nomination. 307 Display of nominations As soon as practicable after receipt of a nomination, the returning officer must display a copy of the nomination in a conspicuous position at the place of nomination and, if that place is not the local government's public office, at the public office. 308 Termination of candidature before noon on nomination day (1) A person nominated as a candidate for election may withdraw the person's agreement to the nomination by signed notice given to the returning officer before noon on the nomination day. (2) If this happens-- (a) the nomination is of no effect; and (b) the person's deposit must be refunded to the person who paid the deposit. 309 Death of candidate If a person nominated as a candidate for election dies before noon on the nomination day-- (a) the nomination is of no effect; and (b) the person's deposit must be refunded to-- (i) if the deposit was paid by someone other than the person--the other person; or (ii) otherwise--the person's personal representative. 310 Procedure if number of candidates not more than number required (1) If the number of candidates properly nominated for election does not exceed the number required to be elected-- (a) the nominees are taken to have been elected; and (b) the returning officer must, as soon as practicable after the nomination day, publish a notice in the approved form in a newspaper circulating generally in the local government area, or division of the local government area, for which the election was to be held, that the nominees are taken to have been elected. (2) If-- (a) no-one is nominated as a candidate for an election; or (b) the number of candidates nominated is less than the number required to be elected; the Governor in Council may, by gazette notice, appoint as councillors of the local government, the number of persons necessary to constitute fully the local government. (3) Each person appointed as a councillor must be qualified to be elected as a councillor of the local government for the local government area, or division of the local government area, for which the election was to be held. (4) The persons appointed are taken to have been properly elected as councillors of the local government. 311 Procedure if number of candidates exceeds number required (1) If the number of candidates properly nominated for election exceeds the number required to be elected, a poll must be conducted under this part. (2) The returning officer must give public notice that a poll will be conducted. (3) The notice must-- (a) be in the approved form; and (b) specify-- (i) the day the poll will be conducted; and (ii) the names of all candidates properly nominated for election in the order decided under section 327; and (iii) the location of all ordinary polling booths to be used for taking the ballot in the poll; and (iv) that the ordinary voting hours are from 8a.m. to 6p.m; and (c) be displayed in a conspicuous position at the place of nomination and, if that place is not the local government's public office, displayed at the public office; and (d) be published in a newspaper circulating generally in the local government area, or division of the local government area, for which the poll will be conducted. (4) Display of a notice under subsection (3)(c) must-- (a) start as soon as practicable after noon on the nomination day; and (b) continue until the close of the poll. 312 Supply of voters roll (1) If a poll is to be conducted in the election, the returning officer must give a copy of the voters roll to each candidate as soon as practicable after the nomination day. (2) The copy of the roll must be certified by the returning officer in the approved form. 313 Procedure on death of candidate when poll to be conducted (1) If a poll is to be conducted and a candidate dies after noon on the nomination day but before the polling day-- (a) for a candidate as mayor--the proceedings for the election of the mayor must start again; and (b) for a candidate as councillor (other than mayor) if the local government's area is undivided--the proceedings for the election of the councillors must start again; and (c) for a candidate as a councillor for a division of local government's area--the proceedings for the election of councillors for the division must start again. (2) The deceased candidate's deposit must be refunded to-- (a) if the deposit was paid by someone other than the candidate--the other person; or (b) otherwise--the candidate's personal representative. (3) The deposits of other candidates must be refunded to the persons who paid the deposits. (4) Despite subsection (1), the Minister may, by gazette notice, direct that proceedings for holding an election of all councillors of the local government start again. (5) If proceedings are started again, the Minister must, by gazette notice, fix a new polling day for the election. 314 Disposal of deposits generally (1) As soon as practicable after the conclusion of an election, each candidate's deposit must be refunded to the person who paid the deposit if-- (a) the candidate is elected; or (b) if the system of voting at the election is optional-preferential voting--the number of first preference votes received by the candidate is more than 4% of the total number of formal first preference votes cast in the election; or (c) if the system of voting at the election is first-past-the-post voting--the number of votes received by the candidate is more than 4% of the total number of formal votes cast in the election. (2) Despite subsection (1), a candidate's deposit must not be refunded until-- (a) if, under section 427, the candidate is required to give a return under the section for the candidate's disclosure period for the election--the candidate gives the return; or (b) if, under section 427(3), the candidate is not required to give a return under the section for the candidate's disclosure period for the election--the end of the disclosure period. (3) All other candidates' deposits become the property of the local government and must be paid into its operating fund. (4) This section applies to Brisbane City Council. 315 If successful candidate dies If a candidate who is successful at the election dies before the final result of the poll is declared, the candidate must be declared elected to the office for which the person was a candidate. 316 Extension of times (1) This section applies if-- (a) a nomination day is specified under section 301 for the election; or (b) a polling day is specified under section 311 for the election. (2) The Minister may, by gazette notice, fix a later day as the nomination or polling day. (3) The returning officer must publish a notice in a newspaper circulating generally in the local government area, or division of the local government area, for which the election is to be held giving any necessary directions to candidates for election, and to electors, about the procedures to be followed. 316A Special provision about refunding deposits If under this division a deposit is to be refunded to a person (the person entitled), it may be refunded to someone else with the written authority of the person entitled. 317 Poll by ballot A poll must be conducted by ballot taken under this part. 318 Direction that poll be conducted by postal ballot (1) If the local government's area includes a large rural sector, large remote areas or extensive island areas, the Governor in Council may, by gazette notice, direct that a poll be conducted by postal ballot. (2) The direction may be given for-- (a) the whole of its area; or (b) 1 or more divisions of its area; or (c) a part of its area marked on a map. (3) The map is open to inspection at the public office of the local government. 319 Polling booths--general (1) A place on or from which liquor may lawfully be sold can not be used as a polling booth. (2) However, a civic or cultural centre, community hall or similar place under the local government's control, may be used as a polling booth if-- (a) the floor area for taking the ballot is designated in the notice of the conduct of the poll under section 311; and (b) the local government ensures that no liquor will be sold or supplied in that area during the taking of the ballot. (3) The returning officer-- (a) may arrange for a polling booth within or outside the local government area, or division of the local government area, to be used in an election; and (b) may arrange for 2 or more polling booths at any place if the number of electors likely to vote at the place is greater than could conveniently vote in 1 booth at the place; and (c) must ensure that each polling booth is provided with enough ballot boxes, ballot papers and materials to enable electors to mark the ballot papers. (4) The returning officer may arrange for all polling booths or specified polling booths for an election in a division of the local government area to also be used for any other election conducted at the same time for, or for a division of, the local government area. 320 Provision of ordinary polling booths (1) For the purpose of taking a ballot in the election, the returning officer must arrange for places, or parts of places, to be used on polling day as ordinary polling booths to enable electors in general to vote. (2) The returning officer may-- (a) less than 3 days before polling day, arrange for an ordinary polling booth to be used; or (b) less than 6 days before polling day, cancel arrangements for the use of an ordinary polling booth; only if it is necessary because of circumstances beyond the returning officer's control. (3) If, after publication of the notice under section 311, the returning officer arranges for the use of an ordinary polling booth, the officer must give public notice-- (a) of the location of the booth; and (b) that the ordinary voting hours of the booth are from 8a.m. to 6p.m. (4) If the returning officer cancels arrangements for the use of an ordinary polling booth, the officer must give public notice of the cancellation. (5) Notice under subsection (3) or (4) must be given in the way that the returning officer considers is the best way to inform electors generally. 321 Declaration of mobile polling booths (1) If the returning officer is satisfied residents in an institution should be able to vote at the institution in a poll, the returning officer may arrange for the whole or a part of the institution to be available as a mobile polling booth to enable residents in the institution to vote there in the poll. (2) If the returning officer is satisfied a part of the local government area or division of the local government area does not have enough electors to justify the use of an ordinary polling booth in the part, the returning officer may arrange for the whole or part of any place in the part to be available as a mobile polling booth to enable electors in the part to vote in the poll. (3) If the returning officer acts under subsection (1) or (2), the officer must fix the times, during the period starting 11 days before the polling day and ending at 6p.m. on the polling day, when the mobile polling booth may be used for voting. (4) The returning officer must, by notice published in a newspaper circulating generally in the relevant part of the local government area-- (a) declare the whole or part of the relevant institution or place as a mobile polling booth for the election; and (b) specify the times at which votes may be cast at the booth. (5) The notice must be in the approved form. (6) The returning officer also must give written notice to the candidates for election of the declaration of the mobile polling booth and the times at which votes may be cast at the booth. (7) On the declaration of a mobile polling booth for an election, the electors resident in the relevant institution or the electors resident in the part of the local government area in which the booth is situated, may vote in the election at the booth during the times specified for the booth in the notice published under subsection (4). 322 Duty of person in charge of institution (1) If the returning officer arranges for the whole or part of an institution to be used as an ordinary polling booth, the person in charge of the institution must allow electors and issuing officers to have access to the booth whenever votes may be cast at the booth. (2) If the returning officer declares the whole or part of an institution as a mobile polling booth, the person in charge of the institution must allow residents in the institution and issuing officers to have access to the booth whenever votes may be cast at the booth. 323 Privacy of voting The returning officer must ensure that each polling booth is provided with enough voting compartments, or other adequate facilities, to allow the casting of votes in private. 324 Ballot boxes generally (1) A ballot box used in a poll must be under the scrutiny and effective control of an issuing officer. (2) A ballot box must-- (a) have an opening of a size sufficient to allow folded ballot papers and declaration envelopes to be put in the box; and (b) be open to inspection by issuing officers, candidates for election at the poll, and scrutineers properly appointed for the poll, before the box is locked or sealed for receipt of ballot papers. 325 Requirements of ballot papers (1) If a poll is to be conducted, the returning officer must arrange for the printing of all ballot papers to be used in taking the ballot in the poll. (2) A ballot paper must-- (a) be in the approved form; and (b) be of material that, when folded, the vote cast by the elector on the paper is effectively concealed; and (c) be attached to a butt that-- (i) is not part of the ballot paper; and (ii) is perforated to allow the ballot paper to be easily detached from the butt; and (iii) is numbered in regular arithmetical sequence, starting with the numeral 1 and proceeding by intervals of one whole numeral, so that each butt for the local government area, or division of the local government area, for which the poll is conducted has a unique number; and (d) show the name of each candidate for election as required by subsection (3); and (e) if the names of 2 or more candidates are so similar as to be likely to cause confusion to electors--contain an appropriate description or addition, in the returning officer's opinion, to distinguish the persons' names; and (f) if a candidate endorsed by a political party was nominated under section 303(1)(a)--contain, printed adjacent to the candidate's name, the name of the political party as it would be required to be shown in a ballot paper under the Electoral Act 1992. (3) A ballot paper must-- (a) contain the name of each candidate once only by showing first the surname followed by the given name or names; and (b) show the names of the candidates in the order decided under section 327. (4) A ballot paper must not contain anyone else's name. 326 Separate ballot papers for separate polls (1) This section applies if a poll for election of mayor of the local government is to be conducted when a poll for election of another councillor of the local government is conducted. (2) Separate ballot papers must be used for the polls unless the returning officer decides to use a combined ballot paper. 327 Order of listing of candidates' names (1) The order in which names of candidates for election are to be listed on ballot papers and notices under section 311 is to be decided under this section. (2) The order must be decided by the returning officer as soon as practicable after noon on the nomination day. (3) The returning officer must, in the presence of 2 witnesses-- (a) write the name of each candidate on a separate sheet of paper; and (b) ensure that each piece of paper is of the same kind, shape, size and colour; and (c) put each separate piece of paper in a separate envelope and, if it is necessary to fold the piece of paper to make it fit in the envelope, fold each piece of paper in the same way to make each the same size and thickness; and (d) ensure that each envelope is opaque and of the same kind, shape, size and colour; and (e) after each piece of paper has been placed in an envelope, seal the envelope; and (f) put all the envelopes in a container and shuffle them; and (g) draw out the envelopes, 1 at a time; and (h) as each envelope is drawn out, open it and record the name of the candidate shown on the piece of paper in the envelope. (4) The order in which the names are recorded is the order in which the names are to appear on the ballot paper and notices under section 311. (5) The returning officer must allow each candidate, or the candidate's representative, to be present when the order of candidates' names is decided. 328 Distribution of ballot papers (1) The returning officer must ensure a sufficient number of ballot papers is available at all polling booths. (2) The returning officer must prepare a delivery note in the approved form in triplicate for each parcel of ballot papers supplied by the returning officer to presiding officers at polling booths. (3) The approved form must-- (a) show details of the number of ballot papers supplied; and (b) show the range of numbers of the ballot papers; and (c) include a form of acknowledgment of receipt of the ballot papers. (4) Two copies of the delivery note must be included in the parcel of ballot papers. (5) As soon as practicable after a presiding officer receives a parcel of ballot papers, the presiding officer must-- (a) check the contents against the details shown in the delivery note; and (b) complete the particulars prescribed by the delivery note; and (c) sign the form of acknowledgment included in the delivery note. (6) If there is a discrepancy between the details shown in the delivery note and the contents of the parcel, the presiding officer must cause a countercheck to be made by-- (a) if another presiding officer is available--the other presiding officer; or (b) if another presiding officer is not available--a responsible person. (7) A discrepancy confirmed by a countercheck must be noted in the form of acknowledgment and the form must be signed by the presiding officer and the person who made the countercheck. (8) The presiding officer must return 1 copy of the delivery note to the returning officer and retain the other copy of the delivery note until it is given to the returning officer with the sealed parcels of ballot papers under section 363. 329 Correction of errors etc. Any error, omission or delay in respect of any voters roll, ballot papers or other document to be used in a poll may be corrected by procedures directed by the Minister, by gazette notice. 330 Candidates' entitlement to scrutineers A candidate for election is entitled to have 1 scrutineer present for each issuing officer at a polling booth or at a place for examination of declaration envelopes or counting of votes-- (a) before and at all times when electors may vote in the booth; and (b) at all times during the examination or counting. 331 Appointment of scrutineers (1) A candidate for election may, in the approved form, appoint adults as scrutineers for the candidate. (2) On appointment, a scrutineer must make a declaration in the approved form before the returning officer or a presiding officer. 332 Proof of identification A scrutineer must-- (a) carry evidence of identification and of the person's appointment as a scrutineer; and (b) on demand, produce the evidence to an issuing officer. 333 Powers of scrutineers (1) A scrutineer for a candidate for election is entitled to be present-- (a) in a polling booth--before taking the ballot in the poll starts to inspect ballot boxes; and (b) in a polling booth and any office of the presiding officer at the booth--when electors may vote in the booth; and (c) in a polling booth or other place--to watch the examination of declaration envelopes and counting of votes. (2) A scrutineer may-- (a) object to an issuing officer's decision on a person's entitlement to vote at the election; and (b) object to the acceptance or rejection of a ballot paper by the returning or presiding officer; and (c) record details of persons who vote at the election at a polling booth and remove the record from the booth. 334 Who may vote Only electors may vote in a ballot taken in a poll. 335 When votes may be cast at an ordinary polling booth or mobile polling booth (1) Voting at an ordinary polling booth must take place between 8a.m. and 6p.m. on polling day. (2) However, an elector who is in an ordinary polling booth at 6p.m. on polling day, for the purpose of voting in the poll, must be allowed to vote. (3) Voting at a mobile polling booth must take place during the times fixed for the booth by the returning officer. (4) However, an elector who is in a mobile polling booth at the time of the close of voting at the booth, for the purpose of voting in the poll, must be allowed to vote. 336 Procedure for voting at a polling booth (1) Subject to sections 338 and 340, an elector, other than a declaration voter, must vote at a polling booth under the procedures set out in this section. (2) The elector must enter a polling booth for the local government area, or division of the local government area, during voting hours at the booth. (3) In the polling booth, the elector must give the elector's full name and address to an issuing officer. (4) If the elector-- (a) has a ballot paper and declaration envelope for the election; and (b) does not intend to cast a declaration vote; the elector must return the ballot paper and declaration envelope to the issuing officer. (5) The issuing officer must give a ballot paper to a person asking for it if the issuing officer is satisfied the person is entitled to vote at the election. (6) The issuing officer may ask a person questions to decide whether the person is entitled to vote at the election. (7) If, because of the answers to the questions-- (a) the issuing officer is satisfied the person is an elector mentioned in section 344(1)(a), (b), (c) or (d); or (b) the issuing officer suspects, on reasonable grounds, that the person is not entitled to vote at the election; the person may only cast a declaration vote. (8) The issuing officer must place a mark, in ink, on the officer's copy of the voters roll against the name of each person given a ballot paper by the officer. (9) An issuing officer who gives a ballot paper to a person must, if asked by a scrutineer, keep a record of the objection by the scrutineer to the entitlement of the person to vote. (10) On being given the ballot paper, the elector must, without delay-- (a) go alone into an unoccupied voting compartment in the polling booth; and (b) there, in private, mark a vote on the ballot paper in accordance with division 11; and (c) fold the ballot paper, concealing the vote, and put it in the appropriate ballot box in the polling booth; and (d) leave the polling booth. 337 Duties of issuing officer for returned papers (1) An issuing officer must-- (a) record in the approved form the giving of a ballot paper to a person who has returned a ballot paper and declaration envelope to the officer under section 336(4); and (b) attach to the form all ballot papers and declaration envelopes returned to the officer; and (c) give the form and the attached documents to the presiding officer. (2) The presiding officer must set aside the form and attached documents in the officer's custody for separate identification under section 363(1)(g)(ii). 338 Arrangements for electors with disability (1) This section applies if an elector can not enter a polling booth because of illness, disability or advanced pregnancy, but is able to come to a place (the voting place) close to the polling booth. (2) The issuing officer may perform the issuing officer's functions, and the elector may vote at the voting place, as if it were the polling booth. (3) However, the issuing officer must-- (a) before taking any action under subsection (2), inform the scrutineers present of the proposed action; and (b) allow 1 scrutineer for each candidate to be present at the voting place; and (c) ensure that after the ballot paper is marked, it is-- (i) folded to conceal the vote; and (ii) put in an envelope or, if the vote is a declaration vote, a declaration envelope; and (d) seal the envelope; and (e) if-- (i) the vote is a declaration vote--put the sealed declaration envelope in the appropriate ballot box inside the polling booth; or (ii) the vote is not a declaration vote--open the envelope inside the polling booth in the presence of any scrutineers, ensuring the ballot paper remains folded, and put the folded ballot paper in the appropriate ballot box. (4) The issuing officer must ensure that, as far as practicable-- (a) for a declaration vote--section 348 is complied with when the elector votes; or (b) for another vote--section 336 is complied with when the elector votes. (5) Subsections (2) and (3) apply to all types of voting under this division. 339 Arrangements for electors at institutions (1) If a polling booth is an institution or part of an institution, an issuing officer may visit electors resident in the institution, or part of the institution, for the purpose of enabling them to vote. (2) Before taking action under subsection (1), the issuing officer must inform the scrutineers present of the proposed action. (3) When visiting an elector in an institution, the issuing officer must-- (a) take to the elector-- (i) a ballot paper or a declaration form, ballot paper and declaration envelope; and (ii) a ballot box; and (iii) anything else necessary to enable the elector to vote; and (b) if a scrutineer wishes--be accompanied by the scrutineer. (4) The issuing officer must ensure that, as far as practicable-- (a) for a declaration vote--section 348 is complied with when the elector votes; or (b) for another vote--section 336 is complied with when the elector votes. 340 Arrangements for electoral visitor voting (1) The following electors are entitled to be electoral visitor voters-- (a) electors who, because of illness, disability or advanced pregnancy, will be prevented from voting at a polling booth; (b) electors who, because they are caring for a person who is ill, has a disability or is pregnant, will be prevented from voting at a polling booth. (2) An elector who is entitled to be an electoral visitor voter may apply to the returning officer to vote as an electoral visitor voter. (3) The application must be in the approved form. (4) If the application is received not later than 6p.m. on the Thursday before polling day, the returning officer must direct an issuing officer to visit the elector to enable the elector to vote. (5) As soon as practicable after the returning officer has directed an issuing officer to visit electors, the returning officer must inform each candidate for election of-- (a) the place from which the issuing officer proposes to start making visits; and (b) the time or times on the day or days when the issuing officer proposes to start making visits. (6) The issuing officer must visit an elector at a reasonable hour before 6p.m. on polling day. (7) When visiting an elector, the issuing officer must-- (a) take to the elector-- (i) a ballot paper or a declaration form, ballot paper and declaration envelope; and (ii) a ballot box; and (iii) anything else necessary to enable the elector to vote; and (b) if a scrutineer wishes--be accompanied by the scrutineer. (8) The issuing officer must ensure that, as far as practicable-- (a) for a declaration vote--section 348 is complied with when the elector votes; or (b) for another vote--section 336 is complied with when the elector votes. 341 Help for electors in voting (1) If an elector satisfies an issuing officer that the elector can not vote without help, the elector may be accompanied into an unoccupied voting compartment in a polling booth, or be otherwise helped, by someone chosen by the elector. (2) The person may help the elector in any of the following ways-- (a) if asked by the elector--stating the names of candidates; (b) acting as interpreter; (c) explaining the ballot paper and the requirements of division 11 about its marking; (d) marking, or helping to mark, the ballot paper in the way the elector wishes; (e) folding the ballot paper and putting it into a ballot box or a declaration envelope; (f) sealing a declaration envelope or putting it into a ballot box. (3) Subsections (1) and (2) apply to all types of voting. (4) This section applies despite any of the following provisions-- • section 336(10) • section 348 • section 351. 342 Adjournment of poll (1) If the conduct of a poll is, or is likely to be, obstructed or interrupted from any cause, the returning officer may adjourn the conduct of the poll generally or at a particular polling booth. (2) If the conduct of a poll at a particular polling booth is, or is likely to be, obstructed or interrupted from any cause, the presiding officer at the booth may adjourn the conduct of the poll at the booth. (3) If a poll is adjourned under subsection (1) or (2), the returning officer must fix a day (not later than 34 days after the day on which the poll is adjourned) for conducting the adjourned poll. (4) The returning officer must give public notice of the day fixed-- (a) in a newspaper circulating generally in the relevant part of the local government area; and (b) in other ways the returning officer considers appropriate. 343 Who may cast a declaration vote The following electors may cast a declaration vote-- (a) an elector who, during ordinary voting hours on polling day, will not be within 8km, by the nearest practicable route, from a polling booth; (b) an elector who, during ordinary voting hours on polling day, will be working or travelling under conditions that prevent voting at a polling booth; (c) an elector who, because of illness, disability or advanced pregnancy, will be prevented from voting at a polling booth; (d) an elector who, because the elector is caring for a person who is ill, has a disability or is pregnant, will be prevented from voting at a polling booth; (e) an elector who, because of membership of a religious order or because of religious beliefs, will be prevented from voting at a polling booth for all, or most, of the ordinary voting hours on polling day; (g) an elector whose address has been omitted from a voters roll-- (i) because of the Electoral Act 1992, section 58; or (ii) under an arrangement under the Electoral Act 1992, section 62 because of the Commonwealth Electoral Act 1918 (Cwlth), section 104. 344 Who must cast a declaration vote in ordinary elections (1) In an election (other than a postal ballot election), the following persons must cast a declaration vote-- (a) an elector whose name is not on the voters roll apparently because of an official error; (b) an elector who is not enrolled on the voters roll, but is entitled to be enrolled, because of the Electoral Act 1992, section 64(1)(a)(ii); (c) an elector who appears, from a record apparently made in error, to have already voted in the election; (d) an elector who is serving a sentence of imprisonment on the cut off day for the election, but who is not serving a sentence of imprisonment on the polling day for the election; (e) a person who is given a ballot paper and declaration envelope for voting because an issuing officer suspects, on reasonable grounds, that the person is not entitled to vote at the election. (2) For subsection (1)(d), a person is serving a sentence of imprisonment only if-- (a) the person is in detention on a full-time basis for an offence against a law of the Commonwealth or a State or Territory; and (b) the detention is attributable to the sentence of imprisonment concerned. 345 Declaration voting for postal ballot elections An elector in a postal ballot election must cast a declaration vote. 346 How declaration vote is cast Subject to section 336, an elector who may or must make a declaration vote must cast the vote by-- (a) if the elector can not enter a polling booth because of illness, disability or advanced pregnancy--going to a place close to a polling booth and voting at that place; or (b) going to a polling booth in the local government area, or division of the local government area, during voting hours at the booth and following the procedures set out in section 348; or (c) going to the local government's public office before polling day and following the procedures set out in section 352; or (d) if the elector is an elector mentioned in section 343 or an elector for a postal ballot election--using the ballot paper and declaration envelope given to the elector by the returning officer, and following the procedures set out in section 351. 346A Distribution of ballot papers to certain electors who may cast declaration vote (1) This section applies to an elector mentioned in section 343(g). (2) As soon as practicable after the nomination day for an election, the returning officer for the election must give the following things to the elector-- (a) a ballot paper; (b) the approved declaration envelope; (c) written instructions in the approved form on how the vote may be cast; (d) an unsealed reply paid post envelope addressed to the returning officer and bearing the words 'Ballot paper--(insert Region, City, Town or Shire) of (insert name of local government area)'. (3) However, if the things mentioned in subsection (2) are posted to an address outside Australia, the envelope mentioned in subsection (2)(d) need not be reply paid. 347 Distribution of ballot papers to other electors who may or must cast declaration vote (1) An elector mentioned in section 343(a) to (e) may apply to the returning officer, or a presiding officer for the election, for a ballot paper and a declaration envelope. (2) The application must be in the approved form. (3) The returning officer or presiding officer must, as soon as practicable, give a ballot paper, the approved declaration envelope and written instructions in the approved form on how the vote may be cast to the applicant if-- (a) the application is received by the officer not later than 6p.m. on the Thursday before polling day; and (b) the officer is satisfied the applicant is entitled to vote and make the application. (4) If the returning officer or presiding officer is satisfied the applicant is an elector mentioned in section 344, the officer-- (a) must not give a ballot paper to the applicant; but (b) must give to the applicant an approved declaration form. (5) If the returning officer or presiding officer is satisfied the applicant has properly completed the declaration form, the officer must, as soon as practicable, give a ballot paper, the approved declaration envelope and written instructions in the approved form on how the vote may be cast to the applicant. (6) The things given to an applicant under subsection (3) or (5) must be accompanied by an unsealed reply paid post envelope addressed to the returning officer and bearing the words 'Ballot paper--(insert Region, City, Town or Shire) of (insert name of local government area)'. (7) The returning officer may give things to be given to an applicant under subsection (3) or (5) by posting the things to the applicant's address stated in the voters roll, an electoral roll mentioned in the Electoral Act 1992, section 58(5), the application or the declaration form. Example of addresses-- An applicant's address could be stated as a residential address, post office box number, mail service number or in another appropriate way. (8) If things mentioned in subsection (6) are posted to an address outside Australia, the envelope mentioned in subsection (6) need not be reply paid. 348 How declaration vote may be cast at a polling booth (1) An elector who must cast a declaration vote, other than an elector for a postal ballot election, may cast the vote by-- (a) entering a polling booth in the local government area, or division of the local government area, during voting hours at the booth; and (b) completing the declaration form given to the elector by an issuing officer. (2) If the issuing officer is satisfied the elector has properly completed the declaration form, the officer must give a ballot paper and the approved declaration envelope to the elector. (3) On being given the ballot paper and the declaration envelope, the elector must, without delay-- (a) sign the appropriate declaration on the declaration envelope before the issuing officer and have the officer sign the envelope as witness; and (b) go alone into an unoccupied voting compartment in the polling booth; and (c) there, in private, mark a vote on the ballot paper in accordance with division 11; and (d) fold the ballot paper, put it in the envelope and seal the envelope; and (e) put the sealed envelope in the appropriate ballot box in the polling booth; and (f) leave the polling booth. 349 Distribution of ballot papers to electors for postal ballot election (1) For a postal ballot election, the returning officer must post a ballot paper, the approved declaration envelope and written instructions in the approved form on how the vote may be cast to each elector for the postal ballot election as soon as practicable after the nomination day. (2) However, if-- (a) the issuing officer is satisfied a person is an elector mentioned in section 344(1)(a), (b), (c) or (d); or (b) the issuing officer suspects, on reasonable grounds, that the person is not entitled to vote at the election; the officer-- (c) must not give a ballot paper and declaration envelope to the elector; and (d) must give to the elector an approved declaration form. (3) If the returning officer is satisfied the elector has properly completed the declaration form, the officer must, as soon as practicable, give a ballot paper, the approved declaration envelope and written instructions in the approved form on how the vote may be cast to the elector. (4) The things posted to electors under subsection (1) or (3) must be accompanied by an unsealed reply paid post envelope addressed to the returning officer and bearing the words 'Ballot paper--(insert Region, City, Town or Shire) of (insert name of local government area)'. (5) The returning officer may post the things to an elector under subsection (1), by posting them to the elector's address stated in the voters roll or an electoral roll mentioned in the Electoral Act 1992, section 58(5). (6) The returning officer may give the things to a person to whom subsection (2) applies by posting them to the elector's address stated in the voters roll or an electoral roll mentioned in the Electoral Act 1992, section 58(5), or to another address given by the person. (7) The returning officer may give the things to an elector under subsection (3), by posting them to the elector's address stated in the voters roll, an electoral roll mentioned in the Electoral Act 1992, section 58(5) or the declaration form. Example of addresses for subsections (6) and (7)-- An address could be stated as a residential address, post office box number, mail service or in another appropriate way. (8) If things for an elector mentioned in subsection (4) are posted to an address outside Australia, the envelope mentioned in subsection (4) need not be reply paid. 350 Record of ballot papers given to postal voters The issuing officer who gives a ballot paper and declaration envelope under section 346A, 347 or 349 must-- (a) keep a record of the ballot paper and envelope given; and (b) sign the record. 351 Casting a declaration vote by post (1) An elector who has received a ballot paper and declaration envelope under section 346A, 347 or 349 must, before 6p.m. on polling day-- (a) sign the declaration on the declaration envelope in the presence of an adult, and have the adult sign the envelope as witness; and (b) in private, mark a vote on the ballot paper in accordance with division 11; and (c) fold the ballot paper, put it in the declaration envelope and seal the envelope; and (d) put the sealed declaration envelope containing the ballot paper in the reply paid post envelope mentioned in section 346A(2), 347(6) or 349(4) and post or give the envelope to the returning officer for the election. (2) On receipt of the sealed envelope, the returning officer must put it in the appropriate ballot box. 352 Declaration voting before polling day (1) The returning officer must declare at least 1 of the following places as a polling booth to enable electors entitled to cast a declaration vote under section 343(a) to (e) to cast a vote at the election before polling day-- (a) the local government's public office, or a part of the public office; (b) another office used by the local government to receive rate payments; (c) another convenient place in the local government area. (2) An elector mentioned in subsection (1) may, at any time during the relevant election period when the declared place is open for the conduct of business, ask an issuing officer at the declared place for a ballot paper. (3) Subject to section 336(5) to (7), the issuing officer must comply with the request. (4) An elector who wishes to vote under subsection (1)-- (a) must complete and sign the approved application form; and (b) must comply with section 336; and (c) need not complete a declaration envelope. (5) If an elector is an elector who must cast a declaration vote under section 344, the elector-- (a) must complete and sign the approved application form and declaration form; and (b) on being given a ballot paper and the approved declaration envelope, must comply with section 348(3) without delay. (6) In subsection (2)-- relevant election period means the period-- (a) not earlier than-- (i) 14 days before polling day; or (ii) the longer period that the returning officer fixes and notifies in a newspaper circulating in the local government area, or division of the local government area; and (b) not later than 6p.m. on the day before polling day. 353 Distribution of declaration envelopes when separate ballot papers or polls on same day (1) This section applies if-- (a) under section 326, separate ballot papers are used in polls for elections of the mayor and another councillor conducted on the same day; or (b) under this part, a local government conducts a poll under chapter 6, part 2, on the day of the poll for an election. (2) In the conduct of the polls-- (a) only 1 declaration envelope may be distributed to a declaration voter with the ballot papers for use in the polls; and (b) this part, other than this section, applies (with any necessary changes) as if the references to the distribution, marking and other dealing with a ballot paper were a reference to all or each of the ballot papers in the polls, as the case requires. 354 Optional-preferential voting (1) For an election of a councillor if the local government area is divided into single-member divisions, a vote is validly cast if the elector votes in accordance with subsection (2) or (3). (2) An elector may vote by marking on a ballot paper the numeral 1, or a tick or a cross, in the square opposite the name of the candidate whom the elector prefers. (3) Instead of voting in accordance with subsection (2), an elector may vote by-- (a) marking on a ballot paper the numeral 1, or a tick or a cross, in the square opposite the name of a candidate to record the elector's first preference for the candidate; and (b) marking-- (i) the numeral 2 in another square; or (ii) the numerals 2, 3, and so on (in regular arithmetical sequence by intervals of 1 whole numeral) in other squares; to record the order of the elector's preferences for 1 or more (but not necessarily all) of the other candidates. 355 First-past-the-post voting (1) For an election other than one mentioned in section 354, a vote is validly cast if the elector votes in accordance with this section. (2) For an election of mayor, the elector must mark on the ballot paper the numeral 1, or a tick or cross, in the square opposite the name of the candidate whom the elector prefers. (3) For an election of other councillors, the elector must mark on the ballot paper-- (a) if 1 candidate is to be elected--the numeral 1, or a tick or cross, in the square opposite the name of the candidate whom the elector prefers; or (b) if 2 or more candidates are to be elected-- (i) the numeral 1, or a tick or a cross, in the square opposite the name of 1 candidate for whom the elector wishes to vote; and (ii) the numeral 2, or the numerals 2, 3 and so on (in regular arithmetical sequence by intervals of 1 whole numeral), as the case may be, in the squares opposite the names of the other candidate or candidates for whom the elector wishes to vote, up to the number of candidates to be elected. 356 Use of replacement ballot papers (1) If, while voting at a polling booth or voting under section 338 or 340, a ballot paper given to an elector is accidentally defaced or destroyed, an issuing officer must give to the elector a replacement ballot paper for use in the poll. (2) However, before a replacement ballot paper can be given-- (a) the ballot paper it replaces (the replaced ballot paper) must not have been already put in a ballot box in use in the poll; and (b) the elector must declare, in the approved declaration form, before the issuing officer that-- (i) the replaced ballot paper has been accidentally defaced or destroyed; and (ii) the elector has not voted in the election; and (c) if the replaced ballot paper has been accidentally defaced--the elector must give the defaced ballot paper to the issuing officer; and (d) if the replaced ballot paper has been accidentally destroyed--the elector must give to the issuing officer, if practicable, the remains of the ballot paper; and (e) the issuing officer must put the defaced ballot paper, or any remains of the destroyed ballot paper, in an envelope, seal the envelope and set it aside in the officer's custody for separate identification under section 363(1)(g)(ii). (3) If a ballot paper given to an elector under section 346A, 347 or 349 is lost in transit or is accidentally defaced or destroyed, the returning officer for the election must, before 6p.m. on polling day, give to the elector a replacement ballot paper and the approved declaration envelope for use in the election. (4) However, before a replacement ballot paper can be given-- (a) the elector must declare, in the approved declaration form, before the issuing officer or an adult witness that-- (i) the ballot paper it replaces (the replaced ballot paper) has not been received by the elector or has been accidentally defaced or destroyed; and (ii) the elector has not voted in the election; and (b) if the replaced ballot paper has been accidentally defaced--the elector must put the defaced ballot paper into the elector's original declaration envelope or a replacement declaration envelope, seal the envelope and give the envelope to the issuing officer; and (c) if the replaced ballot paper has been accidentally destroyed--the elector must, if practicable, put the remains of the destroyed ballot paper into the elector's original declaration envelope or a replacement declaration envelope, seal the envelope and give the envelope to the issuing officer; and (d) the issuing officer must set aside the elector's declaration envelope in the officer's custody for separate identification under section 363(1)(g)(ii). (5) The returning officer must record, in the approved form, the name and place of residence of each person to whom a replacement ballot paper is given. (6) If a replacement ballot paper is used for voting-- (a) the voting must take place under the appropriate provisions of division 9 or 10; and (b) the vote cast must be dealt with under the appropriate provisions of division 14. 357 Effect of ballot papers--optional-preferential voting (1) This section applies to the election if the system of voting is optional- preferential voting. (2) For a ballot paper to have effect as recording a vote in the election-- (a) the ballot paper-- (i) must be completed in accordance with section 354; or (ii) must contain writing or marking, other than marks mentioned in the section, indicating the elector's intended preference, or intended order of preferences; and (b) the ballot paper must not contain any writing or mark (other than one permitted by this part) by which the elector can, in the returning officer's opinion, be identified; and (c) the ballot paper must have been put into the appropriate ballot box as required by this part; and (d) for a ballot paper put into a declaration envelope as required by section 351-- (i) section 351(1) must have been complied with; and (ii) if the elector is an elector mentioned in section 343 (a) to (e) or 344, or an applicant who is given an approved declaration form under section 347(4) or an elector who is given an approved declaration form under section 349(2), and the declaration on the envelope is witnessed by a person other than an issuing officer--the signature of the person making the declaration must correspond to the signature of the relevant applicant under section 347, or the relevant elector under section 349; and (iii) if the declaration envelope is posted to the returning officer--it must be received by the returning officer within 10 days after polling day. (3) If a ballot paper shows 2 or more squares in which the same numeral is marked, those numerals and any higher numerals marked in other squares must be disregarded. (4) If a ballot paper shows a break in the sequence of numerals marked in the squares on the ballot paper to indicate preferences, the numeral that breaks the sequence and any higher numerals marked in other squares must be disregarded. 358 Effect of ballot papers--first-past-the-post voting (1) This section applies to the election if the system of voting is first-past- the-post voting. (2) For a ballot paper to have effect as recording a vote in the election-- (a) the ballot paper-- (i) must be completed in accordance with section 355; or (ii) must contain writing or marking indicating the elector's intended preference, or intention to vote for any particular candidate or candidates; and (b) the ballot paper must not contain any writing or mark (other than one authorised by this part) by which the elector can, in the returning officer's opinion, be identified; and (c) the ballot paper must have been put in the appropriate ballot box as required by this part; and (d) for a ballot paper put into a declaration envelope as required by section 351-- (i) section 351(1) must have been complied with; and (ii) if the elector is an elector mentioned in section 343 (a) to (e) or 344 or an applicant who is given an approved declaration form under section 347(4) or an elector who is given an approved declaration form under section 349(2), and the declaration on the envelope is witnessed by a person other than an issuing officer--the signature of the person making the declaration must correspond to the signature of the relevant applicant under section 347, or the relevant elector under section 349; and (iii) if the declaration envelope is posted to the returning officer--it must be received by the returning officer within 10 days after polling day. (3) A ballot paper must not be rejected merely because it indicates the elector's intention to vote for a number of candidates greater than the number to be elected. 359 Posted vote presumed valid until contrary proved If a declaration envelope and ballot paper to which section 351 applies is received by a returning officer by post, it must be presumed the provisions of section 351(1) have been complied with in relation to the declaration on the envelope until the contrary is proved. 360 Formal and informal ballot papers (1) A ballot paper that has effect to record a vote is a formal ballot paper. (2) A ballot paper that has no effect to record a vote is an informal ballot paper. 361 Ballot paper partly formal and partly informal (1) This section applies if-- (a) an election for mayor and an election for the other councillors of the local government are held at the same time and 1 ballot paper is used for both elections; and (b) the ballot paper, as completed for an election, is informal but, as completed for the other election, is formal. (2) The informal part of the ballot paper must be rejected and the formal part of the ballot paper must be counted under division 14. 362 Votes to be counted in accordance with this division Votes cast in an election are to be counted as required by this division. 363 Preliminary counting by presiding officer (1) As soon as practicable after the end of ordinary voting hours on polling day, the presiding officer for a polling booth, at a place nominated by the presiding officer, in the presence of another issuing officer and any candidates and scrutineers who wish to attend, must-- (a) open all ballot boxes used at the polling booth; and (b) identify, and keep in a separate parcel, all declaration votes; and (c) examine all ballot papers that are not in declaration envelopes, and-- (i) identify, and keep in a separate parcel, all informal ballot papers; and (ii) if the system of voting is first-past-the-post voting- -count the number of votes for each candidate marked on all formal ballot papers, and keep the ballot papers in a separate parcel; and (iii) if the system of voting is optional-preferential voting--arrange all formal ballot papers under the names of the candidates by putting in a separate parcel all formal ballot papers on which a first preference vote is recorded for the same candidate; and (d) prepare a written statement in duplicate in the approved form that-- (i) sets out, in words and numerals, the number of votes for each candidate if subsection (1)(c)(ii) applies, or the number of first preference votes for each candidate if subsection (1)(c)(iii) applies; and (ii) sets out the number of declaration envelopes and informal ballot papers; and (iii) is signed by the presiding officer, and the issuing officer and any scrutineers who are present and wish to sign; and (e) seal up in separate parcels all formal and informal ballot papers, declaration envelopes and unused ballot papers; and (f) endorse on each parcel a description of its contents, sign the endorsement and allow any scrutineers, who wish to do so, to countersign the endorsement; and (g) put into separate parcels-- (i) the voters roll and all books and papers used by the presiding officer in the poll with 1 copy of the statement prepared under paragraph (d); and (ii) all ballot papers or remains of ballot papers set aside, under section 337(2) or 356(2)(e) or (4)(d), for separate identification; and endorse on each parcel a description of its contents; and (h) endorse on each parcel-- (i) the name of the local government area, or division of the local government area, for which the election was held; and (ii) the name of the polling booth from which the parcel has come; and (i) sign each endorsement. (2) The presiding officer must then, if the officer is not the returning officer, give to the returning officer, or to a person nominated by the returning officer, as soon as practicable-- (a) the parcels mentioned in subsection (1); and (b) the copy of the statement prepared under subsection (1)(d) (other than the copy mentioned in subsection (1)(g)); and (c) a reconciliation statement in the approved form for all ballot papers given out at the presiding officer's polling booth and all votes put in ballot boxes at the booth. (3) The returning officer or other person who receives things from the presiding officer under subsection (2) must give to the presiding officer a receipt for the things. (4) The presiding officer may do anything required under subsection (1) or (2) through an issuing officer authorised by the presiding officer for that purpose. Example for subsection (4)-- An issuing officer could be authorised to sort and bundle ballot papers and prepare a reconciliation statement for the presiding officer. 363A Preliminary processing of declaration votes by returning officer--postal ballot election (1) This section applies to an election for which a direction has been given under section 318(2)(a). (2) After 8a.m. on the day before polling day, the returning officer may open all ballot boxes and examine the declaration envelopes to decide whether the ballot papers in the envelopes are to be accepted for counting. 364 Preliminary processing of declaration votes by returning officer--other elections (1) This section applies to an election other than an election for which a direction has been given under section 318(2)(a). (2) After 8a.m. on polling day, the returning officer may open all ballot boxes containing only declaration votes and examine the declaration envelopes to decide whether the ballot papers in the envelopes are to be accepted for counting. (3) As soon as practicable after 6p.m. on polling day, the returning officer may open all other ballot boxes containing declaration votes and examine the declaration envelopes to decide whether the ballot papers in the envelopes are to be accepted for counting. (4) As soon as practicable after receipt by the returning officer of a parcel of declaration votes from a polling booth, the retur