LOCAL GOVERNMENT ACT 2009 - As at 1 February 2024 - Act 17 of 2009
LOCAL GOVERNMENT ACT 2009
- As at 1 February 2024
- Act 17 of 2009
TABLE OF PROVISIONS
Long Title
CHAPTER 1 - PRELIMINARY
1. Short title
2. Commencement
3. Purpose of this Act
4. Local government principles underpin this Act
5. Relationship with City of Brisbane Act 2010
6. Definitions
CHAPTER 2 - LOCAL GOVERNMENTS
PART 1 - LOCAL GOVERNMENTS AND THEIR CONSTITUTION, RESPONSIBILITIES AND POWERS
7. What this part is about
8. Local government’s responsibility for local government areas
9. Powers of local governments generally
10. Power includes power to conduct joint government activities
11. Local governments are bodies corporate etc.
12. Responsibilities of councillors
13. Responsibilities of local government employees
PART 2 - COUNCILLORS FOR DIVISIONS OF LOCAL GOVERNMENT AREAS
14. What this part is about
15. Number of councillors for divisions
16. Review of divisions and councillors
PART 3 - CHANGING A LOCAL GOVERNMENT AREA, NAME OR REPRESENTATION
Division 1 - Introduction
17. What this part is about
Division 2 - The process for change
18. Who may start the change process
19. Assessment
20. Implementation
21. Decisions under this division are not subject to appeal
Division 3 - The change commission
22. Change commission is established
23. Casual commissioners
24. Conflict of interests
25. Annual report of change commission
CHAPTER 2A - JOINT LOCAL GOVERNMENTS
PART 1 - PRELIMINARY
25A. What this chapter is about
PART 2 - ESTABLISHMENT AND OPERATION OF JOINT LOCAL GOVERNMENTS
25B. Constitution of joint local governments
25C. Establishment of joint local governments
25D. Joint local governments are bodies corporate etc.
25E. Powers of joint local governments generally
25F. Restriction on power to make or levy rates and charges
25G. Limitation on powers of a component local government
25H. Chairperson and deputy chairperson
25I. Disbursement from operating fund of joint local government for purposes other than exclusive jurisdiction
25J. Winding up joint local governments
CHAPTER 3 - THE BUSINESS OF LOCAL GOVERNMENTS
PART 1 - LOCAL LAWS
Division 1 - Introduction
26. What this part is about
27. Interaction with State laws
Division 2 - Making, recording and reviewing local laws
28. Power to make a local law
29. Local law making process
29A. State interest check
29B. Publication of local laws
30. Expiry of interim local law revives previous law
31. Local law register
32. Consolidated versions of local laws
33. (Repealed)
Division 3 - Local laws that can not be made
34. What this division is about
35. Network connections
36. Election advertising
37. Development processes
38. Anti-competitive provisions
38AA. Swimming pool safety
Division 4 - Action by the Minister about particular local laws
38AB. Suspending or revoking particular local laws
Division 5 - Miscellaneous
38A. Local law about seizing and disposing of personal property
38B. Owners’ liability for party houses
PART 2 - BENEFICIAL ENTERPRISES AND BUSINESS ACTIVITIES
Division 1 - Beneficial enterprises
39. What this division is about
40. Conducting beneficial enterprises
41. Identifying beneficial enterprises
42. (Repealed)
Division 2 - Business reform, including competitive neutrality
43. What this division is about
44. Ways to apply the competitive neutrality principle
45. Identifying significant business activities
46. Assessing public benefit
47. Code of competitive conduct
48. Competitive neutrality complaints
Division 3 - (Repealed)
Division 4 - (Repealed)
PART 3 - ROADS AND OTHER INFRASTRUCTURE
Division 1 - Roads
59. What this division is about
60. Control of roads
61. Notice of intention to acquire land to widen a road
62. Compensation for a notice of intention to acquire land
63. Appeal on a claim for compensation
64. Acquisition of land instead of compensation
65. What is to happen if a realignment is not carried out
66. Compensation if realignment not carried out
67. Acquiring land for use as a footpath
68. Notice to local government of opening or closing of roads
69. Closing roads
70. Temporary roads
71. Road levels
72. Assessment of impacts on roads from certain activities
73. Categorisation of roads
74. Roads map and register
75. Unauthorised works on roads
Division 2 - Stormwater drains
76. What this division is about
77. Connecting stormwater installation to stormwater drain
78. No connecting sewerage to stormwater drain
79. No trade waste or prohibited substances in stormwater drain
80. Interference with path of stormwater
Division 3 - Other matters
80A. Malls
80B. Ferry services
PART 4 - THE BUSINESS OF INDIGENOUS LOCAL GOVERNMENTS
Division 1 - Introduction
81. What this part is about
Division 2 - Managing trust land
82. What this division is about
83. Trustee business must be conducted separately
84. Meetings about trust land generally open to the public
85. Community forum input on trust change proposals
85A. Trust change decisions if no community forum
86. Grouping of trust land not available
Division 3 - Community forums
87. Community forums
88. Members of a community forum
89. Payments to appointed members of a community forum
90. (Repealed)
PART 5 - CARETAKER PERIOD ARRANGEMENTS
90A. Caretaker period
90B. Prohibition on major policy decision in caretaker period
90C. Invalidity of major policy decision in caretaker period without approval
90D. Prohibition on election material in caretaker period
CHAPTER 4 - FINANCES AND ACCOUNTABILITY
PART 1 - RATES AND CHARGES
91. What this part is about
92. Types of rates and charges
93. Land on which rates are levied
94. Power to levy rates and charges
94A. (Expired)
94B. (Expired)
95. Overdue rates and charges are a charge over rateable land
96. Regulations for rates and charges
PART 2 - FEES
97. Cost-recovery fees
98. Register of cost-recovery fees
99. Fees on occupiers of land below the high-water mark
100. Fees on residents of particular local government areas
PART 3 - FINANCIAL PLANNING AND ACCOUNTABILITY
101. Statutory Bodies Financial Arrangements Act applies to local governments
102. (Repealed)
103. (Repealed)
104. Financial management systems
105. Auditing, including internal auditing
106. (Repealed)
107. Insurance
107A. (Repealed)
PART 4 - COUNCILLOR’S FINANCIAL ACCOUNTABILITY
108. What this part is about
109. Councillor’s discretionary funds
110. Councillors liable for improper disbursements
111. Councillors liable for loans to individuals
112. Councillors liable for improper borrowings
CHAPTER 5 - MONITORING AND ENFORCING THE LOCAL GOVERNMENT ACTS
PART 1 - LOCAL GOVERNMENTS
Division 1 - Introduction
113. What this part is about
113A. Meaning of local government and application of local government principles
114. Decisions under this part are not subject to appeal
Division 2 - Monitoring and evaluation
115. Gathering information
Division 2A - Remedial action initiated by chief executive
116. Recommendation to Minister
117. Advisors
118. Financial controllers
119. Costs and expenses of advisors and financial controllers
Division 3 - Remedial action by Minister
120. Precondition to remedial action
121. Removing unsound decisions
122. Suspending or removing a councillor
123. Suspending or dissolving a local government
124. Interim administrator acts for the councillors temporarily
124A. Minister may appoint acting interim administrator
PART 2 - THE PUBLIC
Division 1 - Powers of authorised persons
Subdivision 1 - Introduction
125. What this division is about
126. Producing authorised person’s identity card
Subdivision 2 - Power to require a person’s name and address
127. Power to require a person’s name and address
Subdivision 3 - Powers to enter property etc.
128. Entering a public place that is open without the need for permission
129. Entering private property with, and in accordance with, the occupier’s permission
130. Entering private property with, and in accordance with, a warrant
131. Warrants—applications made electronically
132. Entering under an application, permit or notice
133. Entering property under an approved inspection program
134. Approving an inspection program
134A. Entry by authorised person, at reasonable times, to inspect regulated pools
135. General powers after entering a property
136. Authorised person to give notice of damage
137. Compensation for damage or loss caused after entry
Division 2 - Powers of other persons
138. What this division is about
138AA. Notices for this division
138A. Identity card for use under this division
139. Entry with, and in accordance with, permission of occupier
140. Entry by an owner, with reasonable entry notice, under a remedial notice
141. Occupier may discharge owner’s obligations
142. Entry by a local government worker, with reasonable entry notice, under a remedial notice
143. Entry by a local government worker, with reasonable entry notice, to take materials
144. Entry by a local government worker, at reasonable times, to repair etc. facilities
145. Entry by a local government worker, at any time, for urgent action
146. Entry with, and in accordance with, a court order
147. Compensation for damage or loss caused
148. Limitation of time in absence of notice of work done
Division 3 - (Repealed)
PART 3 - INVESTIGATION OF LOCAL GOVERNMENT RECORDS
Division 1 - Introduction
148A. What this part is about
Division 2 - Investigations by department
148B. Producing authorised officer’s identity card
148C. Making of inquiries for department
148D. Power to require information or document for department investigation
Division 3 - Investigations by local government
148E. Producing authorised person’s identity card
148F. Making of inquiries for local government
148G. Power to require information or document for local government investigation
148H. Referral to department
148I. Chief executive officer not subject to direction
PART 4 - OFFENCES
149. Obstructing local government officials
150. Impersonating authorised persons
150A. Duty to make documents available
CHAPTER 5A - COUNCILLOR CONDUCT
PART 1 - PRELIMINARY
Division 1 - Introductory matters
150B. Overview of chapter
150C. Definitions for chapter
150CAA. Application of local government principles
150CAB. Application of chapter
Division 2 - Code of conduct
150D. Minister to make code of conduct
150E. Approval and publication of code of conduct
PART 2 - CONDUCT AT LOCAL GOVERNMENT MEETINGS
Division 1 - Requirement for meeting procedures
150F. Department’s chief executive to make model procedures
150G. Adopting meeting procedures
Division 2 - Unsuitable meeting conduct
150H. What is unsuitable meeting conduct
150I. Chairperson may deal with unsuitable meeting conduct
150IA. Dealing with unsuitable meeting conduct of chairperson
150J. Unsuitable meeting conduct that becomes a conduct breach
PART 3 - DEALING WITH CONDUCT BREACHES, MISCONDUCT AND CORRUPT CONDUCT
Division 1 - Preliminary
150K. What is aconduct breach
150L. What is misconduct
150M. Dealing with particular conduct if councillor elected or appointed after vacating office
150N. Duty to notify Crime and Corruption Commission about suspected corrupt conduct not affected
Division 2 - Complaints about councillor conduct
150O. Complaints about councillor conduct
150P. Complaints about councillor conduct must be referred to assessor
150Q. Further information about complaints
Division 3 - Local government duties to notify assessor about particular councillor conduct
150R. Local government official must notify assessor about particular conduct
150S. Local government must notify assessor about misconduct
Division 3A - Preliminary assessments
150SA. Application of division
150SB. Period for making complaint or giving notice or information
150SC. Assessor may ask for information
150SD. Preliminary assessment of complaints, notices or information
150SE. Notice of preliminary assessment
Division 3B - Assessor may initiate assessments
150SF. Assessor may make preliminary assessment on own initiative
Division 4 - Investigation of councillor conduct
150T. Assessor must investigate conduct of councillor
150U. (Repealed)
150V. Investigative powers
150W. Decision about conduct
150X. Decision to dismiss complaint
150Y. Decision to take no further action
150Z. Notice about decision to dismiss complaint or take no further action
150AA. Notice and opportunity for councillor to respond
Division 5 - Referral of conduct to local government
150AB. Application of division
150AC. Referral of suspected conduct breach
150AD. Notice about referral
150AE. Local government must adopt investigation policy
150AEA. Local government may decide not to start, or to discontinue, investigation
150AF. Investigating suspected conduct breach
150AFA. Local government must make summary of investigation report publicly available
150AG. Decision about conduct breach
150AGA. Local government must make investigation report publicly available
150AH. Disciplinary action against councillor
150AHA. Notice to assessor
Division 6 - Application to conduct tribunal about misconduct and connected conduct breach
150AI. Application of division
150AJ. Application to conduct tribunal about alleged misconduct
150AK. Copy of application must be given to councillor
150AKA. Withdrawing application
150AL. Conduct tribunal must give notice to parties and conduct hearing
150AM. Constitution of conduct tribunal
150AN. Role of the assessor
150AO. Respondent
150AP. Conduct of hearing
150AQ. Deciding about misconduct and connected conduct breach
150AR. Disciplinary action against councillor
150AS. Notices and publication of decisions and orders
150AT. Review by QCAT
150ATA. Parties to a proceeding for review
150ATB. Assessor must help QCAT
Division 7 - Offences
150AU. Frivolous complaint
150AV. Other improper complaints
150AW. Protection from reprisal
Division 8 - Vexatious complainants
150AWA. Vexatious complainants
150AWB. Declaration may be varied or revoked
150AWC. Application for permission to make a complaint
PART 4 - INVESTIGATION AND ENFORCEMENT POWERS
Division 1 - General provisions about investigators
Subdivision 1 - Appointment
150AX. Investigators
150AY. Functions of investigators
150AZ. Assessor is an investigator
150BA. Appointment and qualifications
150BB. Appointment conditions and limit on powers
150BC. When office ends
Subdivision 2 - Identity cards
150BD. Issue of identity card
150BE. Production or display of identity card
150BF. Return of identity card
Subdivision 3 - Miscellaneous provisions
150BG. References to exercise of powers
150BH. Reference to document includes reference to reproductions from electronic document
Division 2 - Entry of places by investigators
Subdivision 1 - Power to enter
150BI. General power to enter places
Subdivision 2 - Entry by consent
150BJ. Application of subdivision
150BK. Incidental entry to ask for access
150BL. Matters investigator must tell occupier
150BM. Consent acknowledgement
Subdivision 3 - Entry under warrant
150BN. Application for warrant
150BO. Issue of warrant
150BP. Electronic application
150BQ. Additional procedure if electronic application
150BR. Defect in relation to a warrant
150BS. Entry procedure
Division 3 - General powers of investigators after entering places
150BT. Application of division
150BU. General powers
150BV. Power to require reasonable help
150BW. Offence to contravene help requirement
Division 4 - Seizure by investigators
Subdivision 1 - Power to seize
150BX. Seizing evidence at a place that may be entered only with consent or warrant
150BY. Seizure of property subject to security
Subdivision 2 - Powers to support seizure
150BZ. Power to secure seized thing
150CA. Offence to contravene seizure requirement
150CB. Offence to interfere
Subdivision 3 - Safeguards for seized things
150CC. Receipt and information notice for seized thing
150CD. Access to seized thing
150CE. Return of seized thing
Subdivision 4 - Forfeiture
150CF. Forfeiture by assessor decision
150CG. Dealing with property forfeited to State
Division 5 - Other information-obtaining powers of investigators
150CH. Power to require information
150CI. Offence to contravene information requirement
150CJ. Power to require attendance
150CK. Notice about confidentiality
Division 6 - Miscellaneous provisions relating to investigators
150CL. Duty to avoid inconvenience and minimise damage
150CM. Notice about damage
150CN. Compensation
Division 7 - (Repealed)
PART 4A - REVIEW
Division 1 - Preliminary
150COA. Definitions for part
Division 2 - Internal review
150CO. Who may apply for review
150CP. Application for review
150CQ. Review decision
Division 3 - External review
150CR. External review by QCAT
150CS. No power to stay review decision
PART 5 - ADMINISTRATION
Division 1 - Independent Assessor and Office of the Independent Assessor
Subdivision 1 - Independent Assessor
150CT. Establishment
150CU. Functions
150CV. Appointment
150CW. Qualifications for appointment
150CX. Term of office
150CY. Conditions of appointment
150CZ. Preservation of rights
150DA. Restriction on local government employment etc.
150DB. Conflict of interest
150DC. Vacancy of office
150DD. Acting assessor
150DE. Assessor not subject to outside direction
150DF. Delegation
Subdivision 2 - Office of the Independent Assessor
150DG. Establishment
150DH. Function
150DI. Staff
150DJ. Control of office
Division 2 - Councillor Conduct Tribunal
150DK. Establishment
150DL. Conduct tribunal’s functions
150DLA. (Repealed)
150DM. Membership of conduct tribunal
150DMA. President’s functions
150DN. Appointment of president, deputy president and casual members
150DO. Qualifications for membership
150DP. Term of office
150DQ. Conditions of appointment
150DR. Vacancy of office
150DS. Acting president
150DSA. Protection and immunity for members in performing particular functions
150DT. Conflict of interest
150DU. Costs of conduct tribunal to be met by local government
150DV. Practice directions
150DW. Assistance from departmental staff
PART 6 - MISCELLANEOUS
Division 1 - Councillor conduct register
150DX. Local governments to keep and publish register
150DY. Content of register—decisions
150DZ. (Repealed)
Division 2 - Other provisions
150EA. Secrecy
150EB. Annual report
150EC. Approved forms
CHAPTER 5B - COUNCILLORS’ CONFLICTS OF INTEREST
PART 1 - PRELIMINARY
150ED. Purpose of chapter
150EE. When does a person participate in a decision
150EF. Personal interests in ordinary business matters of a local government
PART 2 - PRESCRIBED CONFLICTS OF INTEREST
150EG. When councillor has prescribed conflict of interest—particular gifts or loans
150EH. When councillor has prescribed conflict of interest—sponsored travel or accommodation benefits
150EI. When councillor has prescribed conflict of interest—other
150EJ. Who is a close associate of a councillor
150EK. Councillor must not participate in decisions
150EL. Obligation of councillor with prescribed conflict of interest
150EM. Dealing with prescribed conflict of interest at a meeting
PART 3 - DECLARABLE CONFLICTS OF INTEREST
150EN. What is a declarable conflict of interest
150EO. Interests that are not declarable conflicts of interest
150EP. Who is a related party of a councillor
150EPA. Councillor must not participate in decisions unless authorised
150EQ. Obligation of councillor with declarable conflict of interest
150ER. Procedure if meeting informed of councillor’s personal interests
150ES. Procedure if councillor has declarable conflict of interest
150ET. Decisions of eligible councillors
PART 4 - OTHER MATTERS
150EU. Procedure if no quorum for deciding matter because of prescribed conflicts of interest or declarable conflicts of interest
150EV. Minister’s approval for councillor to participate or be present to decide matter
150EW. Duty to report another councillor’s prescribed conflict of interest or declarable conflict of interest
150EX. Obligation of councillor if conflict of interest reported under s 150EW
150EY. Offence to take retaliatory action
150EZ. Councillor with prescribed conflict of interest or declarable conflict of interest must not influence others
150FA. Records about prescribed conflicts of interest or declarable conflicts of interest—meetings
CHAPTER 6 - ADMINISTRATION
PART 1 - INTRODUCTION
151. What this chapter is about
PART 2 - COUNCILLORS
Division 1 - Qualifications of councillors
152. Qualifications of councillors
153. Disqualification for certain offences or if dismissed
154. Disqualification of prisoners
155. Disqualification because of other high office
156. Disqualification during bankruptcy
156A. (Repealed)
157. Judicial review of qualifications
158. Acting as councillor without authority
158A. Councillor must give notice of disqualification
Division 2 - Councillor’s term of office
159. When a councillor’s term starts
160. When a councillor’s term ends
160A. Extension of term of councillors elected at fresh elections
160B. Compulsory leave without pay
Division 3 - Vacancies in councillor’s office
161. What this division is about
162. When a councillor’s office becomes vacant
163. When a vacancy in an office must be filled
164. Filling vacancy in office of mayor
165. Acting mayor
166. Filling vacancy in office of another councillor
166A. Filling particular vacancies arising during beginning of local government’s term
166B. Filling particular vacancies arising during final part of local government’s term
Division 4 - Councillors with other jobs
167. Councillors and local government jobs
168. (Repealed)
Division 5 - Obligations of councillors
169. Obligations of councillors before acting in office
169A. Councillor training
170. Giving directions to local government staff
170A. Requests for assistance or information
170AA. Guidelines about provision of administrative support to councillors
171. Use of information by councillors
171A. (Repealed)
171B. (Repealed)
172. Failure to give particular returns under Local Government Electoral Act
173. Extension of time for giving summary return
174. (Repealed)
175. Post-election meetings
Division 5A - (Repealed)
Division 6 - (Repealed)
Division 7 - Automatic suspension of councillors
175K. Automatic suspension for certain offences
175L. When a person is charged with disqualifying offence and proceeding is started
175M. Obligation to give notice if charged with disqualifying offence
175N. Effect of councillor’s suspension
175O. When suspension of councillor ends
Division 8 - Criminal history information
175P. Criminal history report
175Q. Confidentiality of criminal history information
PART 3 - LOCAL GOVERNMENT REMUNERATION COMMISSION
176. Establishment
176A. (Repealed)
176B. (Repealed)
176C. (Repealed)
177. Functions
177A. (Repealed)
178. Membership of remuneration commission
179. Constitution of remuneration commission
180. Appointment of chairperson and casual commissioners
181. Qualifications to be commissioner
181A. (Repealed)
182. Term of office
183. Conditions of appointment
184. Vacancy of office
185. Assistance from departmental staff
186. (Repealed)
187. (Repealed)
188. (Repealed)
PART 4 - (Repealed)
PART 5 - LOCAL GOVERNMENT EMPLOYEES, COUNCILLOR ADVISORS ETC.
Division 1 - Chief executive officer
194. Appointing a chief executive officer
195. Appointing an acting chief executive officer
Division 2 - Other local government employees
196. Appointing other local government employees
197. Disciplinary action against local government employees
Division 2A - Councillor advisors
197A. Appointment and functions of councillor advisors
197B. When appointment ends
197C. Minister to make councillor advisor code of conduct
197D. Regulation may prescribe particular matters relating to councillor advisors
Division 3 - Common provisions
198. Concurrent employment of local government employees
199. Improper conduct by local government employees
200. Use of information by local government employees and councillor advisors
201. Annual report must detail particular information about local government employees and councillor advisors
Division 4 - (Repealed)
PART 5A - OBLIGATIONS OF COUNCILLORS AND COUNCILLOR ADVISORS
201A. Obligation of councillor or councillor advisor to inform chief executive officer of particulars of interests at start of term or on appointment
201B. Obligation of councillor or councillor advisor to correct register of interests
201C. Obligation of councillor or councillor advisor to inform chief executive officer annually about register of interests
201D. Dishonest conduct of councillor or councillor advisor
201E. Proceeding for offence against s 201D
201F. Prohibited conduct by councillor or councillor advisor in possession of inside information
PART 6 - AUTHORISED PERSONS
202. Appointing authorised persons
203. End of appointment of authorised persons
204. Identity card for authorised persons
204A. Authorised persons must disclose change in criminal history
204B. Chief executive officer may obtain report from police commissioner
204C. Use of criminal history information
PART 6A - AUTHORISED OFFICERS FOR THE DEPARTMENT
204D. Appointing authorised officers
204E. End of appointment of authorised officers
204F. Identity card for authorised officers
PART 7 - INTERIM MANAGEMENT
204G. Definition for part
205. Interim management committee
206. Conditions of appointment as interim administrator or member of committee
207. End of appointment of interim management
PART 8 - THE SUPERANNUATION BOARD
208. Superannuation board (LGIAsuper Trustee)
209. LGIAsuper Trustee’s responsibilities
210. Board of directors
211. Seal of LGIAsuper Trustee
CHAPTER 7 - OTHER PROVISIONS
PART 1 - WAY TO HOLD A HEARING
212. What this part is about
213. Procedures at hearing
214. Witnesses at hearings
215. Contempt at hearing
PART 2 - SUPERANNUATION
Division 1 - Preliminary
216. What this part is about
216A. Definitions for pt 2
216B. Who is permanent employee of a local government (other than the Brisbane City Council) or local government entity
216C. Who is permanent employee of the Brisbane City Council
Division 2 - LGIAsuper
217. LGIAsuper
218. LGIAsuper membership open to everyone
219. LGIAsuper is default fund for particular employees
219A. LGIAsuper Trustee may obtain details of salary changes for particular members
Division 3 - Superannuation contributions for particular employees
220. Amount of yearly contributions—particular employers
220A. Amount of yearly contributions—permanent employees
220B. Reduction in contributions to prevent them exceeding concessional contributions cap
220C. (Repealed)
221. Exemption from payment of yearly contributions on grounds of financial hardship
222. Adjusting contributions if salary decreased
223. (Repealed)
224. Interest is payable on unpaid contributions
225. Local governments must not establish employee superannuation schemes
226. Super scheme for councillors
227. (Repealed)
PART 3 - ALLOCATING COMMONWEALTH FUNDING TO LOCAL GOVERNMENTS
Division 1 - Allocating Commonwealth funding
228. Allocating Commonwealth funding
229. Decisions under this division are not subject to appeal
Division 2 - The grants commission
230. Grants commission is established
231. Members of grants commission
232. Conflict of interests
233. Staff assistance to the grants commission
PART 4 - OFFENCES AND LEGAL PROVISIONS
Division 1 - Offences relating to State officials
233A. Obstructing State officials
233B. Impersonating particular persons
234. False or misleading information
Division 2 - Legal matters
235. Administrators who act honestly and without negligence are protected from liability
236. Who is authorised to sign local government documents
236A. Who is authorised to sign joint local government documents
237. Name in proceedings by or against a local government
237A. Name in proceedings by or against a joint local government
238. Service of documents on local governments
239. Substituted service
239A. Local Government Acts requiring a statement of a law
240. Acting for a local government in legal proceedings
241. Attempt to commit offence
242. Proceedings for indictable offences
243. Time to start proceedings in a summary way
244. Decisions not subject to appeal
245. Judges and other office holders not disqualified from adjudicating
246. Where fines are to be paid to
247. Local government references in this Act
248. Evidence of local laws
249. Evidence of proceedings
250. Evidentiary value of copies
251. Evidentiary value of certificates
252. Evidence of directions given to local government or joint local government
253. Evidence of complainant’s knowledge of matter
254. Constitution and limits of local government need not be proved
PART 5 - DELEGATION OF POWERS
255. Delegation of Minister’s powers
256. Delegation of department’s chief executive’s powers
257. Delegation of local government powers
257A. Delegation of joint local government’s powers
258. Delegation of mayor’s powers
259. Delegation of chief executive officer powers
260. Local government delegations register
PART 5A - PROVISIONS FOR 2020 QUADRENNIAL ELECTION
260AA. Minister may give directions about filling vacancies in office of councillors
260AB. (Expired)
PART 5B - (Expired)
PART 6 - OTHER PROVISIONS
260A. Criminal history report
260B. New convictions must be disclosed
260C. (Repealed)
260D. (Repealed)
260E. (Repealed)
261. Public office of a local government
262. Powers in support of responsibilities
263. Validity of local government proceedings
264. Special entertainment precincts
265. Materials in infrastructure are local government property
265A. Land registry searches free of charge
266. Approved forms
267. (Repealed)
268. Process for administrative action complaints
268A. Advisory polls
269. Information for the Minister
270. Regulation-making power
270A. Regulation-making power for implementation of de-amalgamations
CHAPTER 8 - TRANSITIONALS, SAVINGS AND REPEALS FOR ACT NO. 17 OF 2009 AND ACT NO. 23 OF 2010
271. What this chapter is about
272. Local governments, including joint local governments
273. Community governments
274. Local service committees
275. Local government owned corporation
276. Local laws
277. Decisions
278. Proceedings and evidence
279. Super trust deed
280. Registers
281. Remuneration schedule
282. References to repealed LG Act
282A. Continuation of implementation of reform
283. Continuation of instruments to implement reform
284. (Repealed)
285. (Expired)
286. Administration of sinking fund for liquidation of current borrowings
287. Local Government Association
288. Continuing casual commissioners
289. Appeals against disciplinary action
290. Superannuation for local government employees transferred to new water entities
291. Repeal
CHAPTER 9 - OTHER TRANSITIONAL AND VALIDATION PROVISIONS
PART 1 - TRANSITIONAL PROVISION FOR REVENUE AND OTHER LEGISLATION AMENDMENT ACT 2011
292. References to City Super etc. in industrial instruments
PART 2 - TRANSITIONAL PROVISION FOR SUSTAINABLE PLANNING (HOUSING AFFORDABILITY AND INFRASTRUCTURE CHARGES REFORM) AMENDMENT ACT 2011
293. Continuation of implementation of matters under s 282A
PART 3 - TRANSITIONAL PROVISION INSERTED UNDER THE LOCAL GOVERNMENT ELECTORAL ACT 2011
294. Continuation of particular local laws of Torres Strait Island Regional Council
PART 4 - TRANSITIONAL PROVISIONS FOR LOCAL GOVERNMENT AND OTHER LEGISLATION AMENDMENT ACT 2012
Division 1 - Transitional provisions about change of legal status
295. Effect of change of legal status on existing local governments and joint local governments
296. Contractual rights etc. are unaffected
Division 2 - Other transitional provisions
297. Continuation of particular provisions for corporate entities
298. Change in dealing with complaints
299. Change in process for making local laws
PART 5 - TRANSITIONAL PROVISION FOR SOUTH EAST QUEENSLAND WATER (RESTRUCTURING) AND OTHER LEGISLATION AMENDMENT ACT 2012
300. Superannuation for particular LinkWater employees transferred to Queensland Bulk Water Supply Authority
PART 6 - TRANSITIONAL PROVISION FOR QUEENSLAND INDEPENDENT REMUNERATION TRIBUNAL ACT 2013
301. Amendment of regulation does not affect powers of Governor in Council
PART 7 - TRANSITIONAL PROVISIONS FOR LOCAL GOVERNMENT AND OTHER LEGISLATION AMENDMENT ACT 2013
Division 1 - Former corporate entities
302. Exemption from continuation of particular provisions for corporate entities
303. Continuation of particular provisions of other Acts for corporate entities
Division 2 - New local governments
Note—
304. Definition for div 2
305. Meeting to approve budget and levy rates and charges for period ending 30 June 2014
306. Post-election meeting not required
PART 8 - VALIDATION PROVISION FOR SUSTAINABLE PLANNING (INFRASTRUCTURE CHARGES) AND OTHER LEGISLATION AMENDMENT ACT 2014
307. Validation of rates charged
PART 9 - TRANSITIONAL PROVISIONS FOR PLANNING (CONSEQUENTIAL) AND OTHER LEGISLATION AMENDMENT ACT 2016
308. Definitions for part
309. Entry under existing application, permit or notice
310. Existing remedial notice
311. Existing inside information
312. Existing unpaid fine—where fine to be paid to
PART 10 - TRANSITIONAL PROVISIONS FOR REVENUE AND OTHER LEGISLATION AMENDMENT ACT 2016
313. Change in name of board and scheme
314. Existing membership and entitlements
PART 11 - VALIDATION PROVISION FOR PARTICULAR RATES AND CHARGES
315. Validation of rates and charges
PART 12 - TRANSITIONAL PROVISIONS FOR LOCAL GOVERNMENT (COUNCILLOR COMPLAINTS) AND OTHER LEGISLATION AMENDMENT ACT 2018
316. Definitions for pt 12
317. Existing complaints not assessed
318. Existing inappropriate conduct complaints
319. Existing misconduct complaints
320. Existing orders taken into account
321. Existing recommendations continue
322. Dealing with particular pre-commencement complaints or conduct
323. Model procedures apply until procedures adopted
324. Process if no investigation policy
PART 13 - TRANSITIONAL PROVISIONS FOR LOCAL GOVERNMENT ELECTORAL (IMPLEMENTING STAGE 1 OF BELCARRA) AND OTHER LEGISLATION AMENDMENT ACT 2018
325. Disqualifying offence committed before commencement
326. Existing charge for disqualifying offence
327. Existing conviction for new disqualifying offence
PART 14 - TRANSITIONAL PROVISIONS FOR LOCAL GOVERNMENT ELECTORAL (IMPLEMENTING STAGE 2 OF BELCARRA) AND OTHER LEGISLATION AMENDMENT ACT 2019
Division 1 - Transitional provisions for new disqualifying offences
328. Definitions for division
329. New disqualifying offence committed before commencement
330. Existing charge for new disqualifying offence
331. Existing conviction for new disqualifying offence
Division 2 - Other transitional provision commencing on assent
332. Existing senior executive employees
PART 15 - TRANSITIONAL PROVISIONS FOR ELECTORAL AND OTHER LEGISLATION (ACCOUNTABILITY, INTEGRITY AND OTHER MATTERS) AMENDMENT ACT 2020
332A. Existing vacancies in office of mayor or other councillor
333. Proceedings for repealed integrity offences
334. Continuation of Minister’s approval for councillor to participate or be present to decide matter
335. Remuneration commission’s recommendation not required for initial regulation
336. Application of s 201A for councillors
PART 16 - TRANSITIONAL PROVISIONS FOR COVID-19 EMERGENCY RESPONSE AND OTHER LEGISLATION AMENDMENT ACT 2020
337. Definitions for part
338. Effect of particular things done under former s 166A
339. Filling particular vacancies in office of mayor
340. Filling particular vacancies in office of another councillor generally
341. Filling particular vacancies in office of another councillor under new s 166A
PART 17 - TRANSITIONAL PROVISION FOR LOCAL GOVERNMENT ELECTORAL AND OTHER LEGISLATION (EXPENDITURE CAPS) AMENDMENT ACT 2023
342. Application of s 172—elections held on or after introduction day and before 2024 quadrennial election
PART 18 - TRANSITIONAL PROVISIONS FOR LOCAL GOVERNMENT (COUNCILLOR CONDUCT) AND OTHER LEGISLATION AMENDMENT ACT 2023
343. Definitions for part
344. Part does not apply to particular conduct
345. Continued application of former definitions inappropriate conduct and misconduct for chapter 5A
346. Existing investigations by assessor
347. Existing investigations by a local government
348. Existing investigations by the conduct tribunal
349. Existing referrals by conduct tribunal if investigation not started
350. Particular conduct tribunal applications to be withdrawn
351. Preliminary assessments for particular former councillors
352. References to inappropriate conduct
353. Declarations about persons who made complaints before commencement
354. Review by QCAT of particular decisions made by the conduct tribunal
CHAPTER 10 - (Repealed)
SCHEDULE 1
Schedule 2 (Repealed)
SCHEDULE 4
