LOCAL GOVERNMENT (COMMUNITY GOVERNMENT AREAS) ACT 2004 Reprinted as in force on 1 July 2008 Reprint No. 1E > Contents Part 1--Preliminary Division 1--Introduction 1. Short title 2. Commencement Division 2--Interpretation 3. Definitions 4. Terms defined in Local Government Act 1993 Part 2--Community governments Division 2--Community government name 10. Name Division 3--Application of Local Government Act 1993 11. Provisions of Local Government Act 1993 that apply 11A. Application of enterprise provisions in Local Government Act 1993 Part 3--Reviewable community government matters Division 1--Preliminary 12. Definition for pt 3 13. Application of Local Government Act 1993, ch 3, pt 1 14. Meaning of reviewable community government matter Division 2--Examining and determining reviewable community government matters 15. Application of Local Government Act 1993, ch 3, pt 1 16. Minor reference 17. Notice of proposed determination to implement matter and recommendations 18. Commissions must have regard to prescribed issues 19. Implementing reviewable community government matter Division 3--Quota requirements for divided community government areas 20. Application of Local Government Act 1993, ss 285 and 286 Part 4--Financial management Division 1--Financial controllers 21. Procedures before appointment of financial controller 22. Appointment of financial controller 23. Functions of financial controller 24. Power of financial controller to revoke or suspend resolution or order 25. Effect of revocation or suspension 26. Countersigning cheques and authorising electronic funds transfers 27. Community government to cooperate with financial controller 28. Financial controller's employment conditions 29. Recovery of amounts from community governments Division 2--Finance standards 30. Making of standards 31. Standards must be complied with 32. References in Local Government Act 1993 to Local Government Finance Standards Division 3--Inspection of accounting records 33. Definitions for div 3 34. Authorised person 35. Powers of authorised person 36. Restriction on exercise of powers Division 4--Other financial provisions 37. Approved forms for financial statements 39. Power of community government to make and levy charge on resident Part 5--Local services committees 41. Establishment of local services committee 42. Function of local services committee 43. Delegation of Local Government Act powers 44. Revocation of delegation 45. Application of Local Government Act 1993, s 237 46. Application of Local Government Act 1993, ss 244-250 47. Non-application of Local Government Act 1993, ss 454-457 48. References in Local Government Act 1993 to committee Part 6--Superannuation 49. Superannuation liability for permanent employees 50. Permanent employees' liability for superannuation contribution Part 7--Miscellaneous 51. Approval of forms 52. Review of Act 53. Regulation-making power Part 8--Transitional provisions Division 1--Transitional provisions delaying application of certain provisions of Local Government Act 1993 54. Keeping registers of interests—councillor and councillor's relatives 55. Keeping register of community government delegations 56. Keeping register of enterprises 57. Preparation and adoption of corporate plan 58. Preparation and adoption of operational plan 59. Preparation and adoption of revenue policy 60. Adoption of revenue statement 61. Budget for financial year ending 30 June 2006 62. Content of annual report 63. Keeping register of regulatory fees 64. Having corporate structure 65. Deciding resources for staff 66. Keeping register of chief executive officer delegations 67. Keeping registers of interests—employees 68. Superannuation Division 2--Other transitional provisions for Local Government (Community Government Areas) Act 2004 69. Definitions for div 2 70. Aboriginal council is continued in existence 71. References to Aboriginal council, council area, by-law or subordinate by-law 72. Assets and liabilities etc. 73. Proceedings 74. Membership of new local government 75. Mayor and deputy mayor of new local government 76. Chief executive officer of new local government 77. Local laws and subordinate local laws of new local government 78. Budget 79. Adopted lending policy 80. Decision, order or action with ongoing operation or effect 81. Resolution with ongoing operation or effect 82. Financial controller for Aboriginal council 83. Administrator for Aboriginal council etc. Division 3--Transitional provisions for Local Government and Other Legislation (Indigenous Regional Councils) Amendment Act 2007 85. Amounts loaned to individuals SCHEDULE 3 LOCAL GOVERNMENTS THAT ABORIGINAL COUNCILS BECOME SCHEDULE 4 DICTIONARY Endnotes 1 Short title This Act may be cited as the Local Government (Community Government Areas) Act 2004 . 2 Commencement This Act, other than section 85, commences on a day to be fixed by proclamation. 3 Definitions The dictionary in schedule 4 defines particular words used in this Act. 4 Terms defined in Local Government Act 1993 A term used in this Act that is defined in the Local Government Act 1993 has the meaning given to it by that Act. 10 Name (1) A community government may be called any of the following-- (a) 'Council of the Shire of ... (insert name of community government area)'; (b) '... (insert name of community government area) ... Shire Council'; (c) '... (insert name of community government area) ... Aboriginal Shire Council'. (2) The use of a name for a local government in schedule 2 or 3 does not limit the operation of this section. 11 Provisions of Local Government Act 1993 that apply (1) The Local Government Act 1993 applies to a community government area and the community government for the area, subject to section 32 and part 8, division 1. (2) Without limiting section 20, the following provisions of the Local Government Act 1993 do not apply to a community government area or the community government for the area-- * sections 33 and 34 * section 64(1)(g) to (k) • chapter 3, part 2, division 5 * chapter 4, part 1, division 2 and part 4 * chapter 5 * sections 502, 503 and 854. 11A Application of enterprise provisions in Local Government Act 1993 All enterprises of a community government are taken to be exempt enterprises for the Local Government Act 1993, section 495. 12 Definition for pt 3 In this part-- reviewable community government matter see section 14. 13 Application of Local Government Act 1993, ch 3, pt 1 This part applies certain provisions of the Local Government Act 1993, chapter 3, part 1 in relation to reviewable community government matters. 14 Meaning of reviewable community government matter (1) The following are reviewable community government matters-- (a) dividing, redividing and abolishing divisions of a community government area; (b) changing the boundaries of divisions of a community government area by-- (i) excluding part of a division of a community government area and including the part in another division of the community government area; or (ii) creating a new division of the community government area; (c) assigning and reassigning councillors of a community government to divisions of its community government area; (d) deciding and changing the composition of a community government; (e) recognising indigenous social groupings of a community government area for elections for the community government of the area; (f) assigning and reassigning councillors of a community government to indigenous social groupings; (g) changing the mode of election of the mayor of a community government; (h) another matter relating to a community government declared under a regulation to be a reviewable community government matter. (2) A reviewable community 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). (3) In this section-- indigenous social grouping means a group of indigenous persons sharing a common basis of social affiliation, including family relationship, language, traditional land ownership and historical association. 15 Application of Local Government Act 1993, ch 3, pt 1 (1) The Local Government Act 1993, chapter 3, part 1, other than sections 64, 84, 157 and 158 of that Act, applies to a community government area and the community government for the area, with any necessary or convenient changes, as if a reviewable local government matter were a reviewable community government matter. (2) For subsection (1), any other provision of the Local Government Act 1993 necessary or convenient for the application of chapter 3, part 1 of that Act also applies with any necessary or convenient changes. 16 Minor reference If the Minister refers a reviewable community government matter to the commissioner under the Local Government Act 1993, section 77, as applied by section 15(1), the commissioner is taken to have declared the reference to be a minor reference under that Act. 17 Notice of proposed determination to implement matter and recommendations (1) This section applies if a commission gives a notice to a community government under the Local Government Act 1993, section 100(1)(a)(i), as applied by section 15(1). (2) The community government must, as soon as practicable after receiving the notice, put a copy of the notice on display in a conspicuous place in the public office of the community government. 18 Commissions must have regard to prescribed issues When considering a reviewable community government matter under the Local Government Act 1993, chapter 3, part 1, as applied by section 15(1), a commission must have regard to any issues prescribed under a regulation. 19 Implementing reviewable community government matter (1) Subject to subsection (2), a reviewable community government matter may be implemented by regulation. (2) A reviewable community government matter may be implemented only if the commissioner and the commission that determined the matter have complied with the Local Government Act 1993, chapter 3, part 1, as applied by section 15(1), in relation to the matter. (3) For subsection (2), strict compliance with the Local Government Act 1993, chapter 3, part 1, as applied by section 15(1), is not necessary and substantial compliance is sufficient. 20 Application of Local Government Act 1993, ss 285 and 286 (1) The Local Government Act 1993, sections 285 and 286 apply to a community government area and the community government for the area, with any necessary or convenient changes, as if a reviewable local government matter were a reviewable community government matter. (2) For subsection (1), any other provision of the Local Government Act 1993 necessary or convenient for the application of sections 285 and 286 of that Act also applies with any necessary or convenient changes. 21 Procedures before appointment of financial controller (1) Before the Governor in Council or Minister exercises a power under section 22 in relation to a community government, the Minister must give notice of the proposed exercise of the power to the community government. (2) However, notice need not be given if-- (a) the community government has asked for the power to be exercised; or (b) the Minister reasonably considers 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 the power; and (b) a period within which the community 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 community government within the stated period. (6) The power may be exercised without further notice to the community government if-- (a) the proposed exercise of the power is to proceed despite the community government's submissions; or (b) no submissions of the community government are received by the Minister within the stated period. 22 Appointment of financial controller (1) The Governor in Council may, by gazette notice, appoint a financial controller for a community 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 community government-- (a) has made a disbursement from a fund that is not provided for in the community government'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 contravened section 31 or a provision of the Local Government Act 1993, chapter 7 relating to its budget or another financial matter; or (d) has not implemented suitable financial management strategies for the funds under its control; or (e) 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. 23 Functions of financial controller (1) A financial controller appointed for a community government is responsible for ensuring the community government adheres to its budget. (2) Also, the financial controller-- (a) may give advice about financial management to the community 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 community government; and (c) must undertake other administrative duties directed by the Minister. 24 Power of financial controller to revoke or suspend resolution or order (1) A financial controller appointed for a community government may, by notice to the community government's chief executive officer-- (a) revoke or suspend the operation of-- (i) a resolution of the community government; or (ii) an order of the community government giving effect to a resolution of the community government; and (b) end the suspension of the resolution or order. (2) 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 community government; 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 community government to become insolvent. (3) The notice must state the reasons for the revocation or suspension. (4) The suspension may be for a stated period or indefinite. 25 Effect of revocation or suspension (1) A resolution or order of a community government that is revoked under section 24-- (a) stops having effect on the day stated for that purpose in the notice to the community government's chief executive officer; or (b) if no day is stated for that purpose--is taken never to have had effect. (2) A resolution or order of a community government whose operation is suspended under section 24 does not have effect while it is suspended. (3) 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 a community government's resolution or order under section 24. 26 Countersigning cheques and authorising electronic funds transfers (1) If a financial controller is appointed for a community government, a payment may be made from an account with a financial institution kept by the community 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 community 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 community government to become insolvent. 27 Community government to cooperate with financial controller If a financial controller is appointed for a community government, the community government must cooperate with the financial controller in relation to the performance of the financial controller's functions under section 23. 28 Financial controller's employment conditions A financial controller appointed for a community government is to be employed under the Public Service Act 1996. 29 Recovery of amounts from community governments (1) The Governor in Council may direct a community government for which a financial controller is appointed to pay to 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. 30 Making of standards (1) The Minister may make standards (Community Government Finance Standards) about-- (a) the policies and principles to be complied with by community governments in financial management, including, for example, internal audit; and (b) the content of financial statements and annual reports by community governments; and (c) the policies to be complied with by community governments in relation to the lending of amounts to adult residents of their community government areas; and (d) each community government giving the Minister information on an annual basis about the payment of notional GST that may affect the distribution, under the Local Government Act 1993, section 200, of financial assistance to the community government; and (e) requirements for full cost pricing and their application to significant business activities of community governments under the Local Government Act 1993, chapter 8, part 5; and (f) commercialisation and its application to community governments' commercial business units under the Local Government Act 1993, chapter 8, part 6; and (g) corporatisation and its application to corporatised corporations of community governments under the Local Government Act 1993, chapter 8, part 7; and (h) a code of competitive conduct for application of competitive neutrality principles to community governments' business activities, roads business activities and building certification business activities under the Local Government Act 1993, chapter 9; and (i) facilitating the implementation of the Local Government Act 1993, chapter 10, including-- (i) charging arrangements for, and bases of operation of, relevant business activities providing water and sewerage services; and (ii) providing how the following are to be applied-- (A) consumption as the basis for utility charges for water services; (B) full cost recovery for water and sewerage services; (C) identification and disclosure of cross- subsidies between classes of consumers and community service obligations in the provision of water and sewerage services; (D) disclosure of the classes of consumers who are provided with water or sewerage services at an amount below full cost and the amount; and (j) any other matter that is required or permitted by an Act to be prescribed by a standard made under this subsection. (2) Before making a standard, the Minister must-- (a) consult with the auditor-general about the standard; and (b) have regard to relevant standards made by appropriate professional bodies. (3) The standards may include practice statements if the Minister considers a uniform standard of practice or procedure is necessary or desirable. (4) A standard about the content of a policy mentioned in subsection (1)(c) may include-- (a) a model lending policy; or (b) model provisions of a lending policy. (5) A standard made under subsection (1) is subordinate legislation. 31 Standards must be complied with A community government must comply with the Community Government Finance Standards. 32 References in Local Government Act 1993 to Local Government Finance Standards A reference in the Local Government Act 1993 to the Local Government Finance Standards is taken to be a reference to the Community Government Finance Standards. 33 Definitions for div 3 In this division-- authorised person see section 34(1). authorised powers means the powers mentioned in section 35. 34 Authorised person (1) The chief executive may, in writing, authorise a person (an authorised person) to exercise the authorised powers in relation to a stated community government. (2) Before authorising a person under subsection (1), the chief executive must be satisfied the person has the necessary expertise or experience to exercise the authorised powers. 35 Powers of authorised person (1) An authorised person may, in relation to the relevant community government, enter any premises of the community government open for carrying on the functions of local government. (2) For exercising the power mentioned in subsection (1), an authorised person may enter the community government area of the community government. (3) However, an authorised person may not enter premises under subsection (1) if the premises are premises where an individual resides. (4) After entering premises under subsection (1), the authorised person may-- (a) search any part of the premises for accounting records of the community government; or (b) inspect accounting records of the community government at the premises; or (c) take an extract from, or copy, an accounting record of the community government at the premises. 36 Restriction on exercise of powers (1) An authorised person may, in relation to the relevant community government, exercise the authorised powers only if the authorised person first produces to the community government's chief executive officer a copy of the written authority for the exercise of the powers. (2) However, an authorised person need not comply with subsection (1) if the authorised person believes on reasonable grounds that complying with subsection (1) could frustrate the authorised person's effective exercise of the authorised powers. 37 Approved forms for financial statements A community government's financial statements must be prepared-- (a) in the approved form relevant to a cash accounting system format; or (b) in the approved form relevant to an accrual accounting system format. 39 Power of community government to make and levy charge on resident (1) A community government may, by resolution, make and levy a charge on residents of residential premises in its community government area. (2) However, the community government may exempt a resident from payment of the charge. (3) Despite subsection (2), the community government may give an exemption if another amount is payable to the community government in relation to the premises. 41 Establishment of local services committee (1) A community government may, under a local law, establish a committee (a local services committee) of the community government. (2) The local law must state the powers under a local government Act of the community government that may be delegated to the committee under section 43. (3) Also, the local law must include provisions about the following-- (a) the committee's name and membership; (b) the appointment of a delegate member of the committee and when the delegate member may act as a member of the committee; (c) a quorum of the committee; (d) the appointment of the committee's chairperson; (e) the conduct of committee meetings. (4) The committee may include persons who are not councillors of the community government. 42 Function of local services committee The function of a community government's local services committee is to exercise any powers under a local government Act of the community government delegated to the committee under section 43. 43 Delegation of Local Government Act powers (1) A community government may, by resolution, delegate to a local services committee of the community government a power of the community government under a local government Act that the local law establishing the committee states may be delegated to the committee. (2) Subsection (1) does not limit the power of a community government to make a delegation under the Local Government Act 1993, section 472. (3) A power mentioned in the Local Government Act 1993, section 472(3) may not be delegated under subsection (1). (4) A delegation made by a community government under subsection (1) must be recorded in the community government's register of delegations mentioned in the Local Government Act 1993, section 472(4). 44 Revocation of delegation (1) This section applies if a community government proposes making a resolution revoking a resolution made under section 43(1). (2) The community government must publish a notice (the revocation notice) about the proposed resolution in a newspaper circulating in the community government area of the community government at least 2 weeks before the day of the meeting of the community government at which it is proposed to make the resolution. (3) Also, the community government must-- (a) put a copy of the revocation notice on display in a conspicuous place in its public office on the day on which the revocation notice is published under subsection (2); and (b) keep the copy of the revocation notice on display, under paragraph (a), until after the meeting. (4) The revocation notice must state the following-- (a) the proposed resolution; (b) the reasons for the proposed resolution; (c) the day and time of the meeting; (d) that anyone may make a written submission to the community government about the proposed resolution until the day before the day of the meeting. (5) A person may, until the day before the day of the meeting, make a written submission to the community government about the proposed resolution. (6) The community government must, before making the proposed resolution, take into account any submissions made under subsection (5) about the proposed resolution. 45 Application of Local Government Act 1993, s 237 (1) The Local Government Act 1993, section 237 applies to a member of a local services committee as if a reference in that section to an advisory committee of a local government includes a reference to a local services committee of a community government. (2) For subsection (1), any other provision of the Local Government Act 1993 necessary or convenient for the application of section 237 of that Act also applies with any necessary or convenient changes. 46 Application of Local Government Act 1993, ss 244-250 (1) The Local Government Act 1993, sections 244 to 250 apply to a member of a local services committee as if a reference in the sections to a councillor, councillor of a local government or local government councillor includes a reference to a member of a local services committee who is not a councillor. (2) For subsection (1), any other provision of the Local Government Act 1993 necessary or convenient for the application of sections 244 to 250 of that Act also applies with any necessary or convenient changes. Non-application of Local Government Act 1993, ss 454-457 The Local Government Act 1993, sections 454 to 457 do not apply to a local services committee. 48 References in Local Government Act 1993 to committee (1) The Local Government Act 1993, sections 458 to 463, 469(3) and 473 apply to a local services committee of a community government in the same way as they apply to other committees of the community government. (2) For subsection (1), any other provision of the Local Government Act 1993 necessary or convenient for the application of sections 458 to 463, 469(3) and 473 of that Act also applies with any necessary or convenient changes. 49 Superannuation liability for permanent employees Despite the Local Government Act 1993, section 1182(2) the yearly contributions for a permanent employee of a community government are calculated-- (a) for the year starting 1 July 2005--at a rate of 12% of the employee's salary; or (b) for the year starting 1 July 2006--at a rate of 15% of the employee's salary; or (c) for each later year--at a rate of 18% of the employee's salary. 50 Permanent employees' liability for superannuation contribution Despite the Local Government Act 1993, section 1183(1), the yearly contributions for a permanent employee of a community government are calculated-- (a) for the year starting 1 July 2005--at a rate of 2% of the employee's salary; or (b) for the year starting 1 July 2006--at a rate of 4% of the employee's salary; or (c) for each later year--at a rate of 6% of the employee's salary. 51 Approval of forms The chief executive may approve forms for use under this Act. 52 Review of Act The Minister must review the efficacy and efficiency of this Act within 4 years of its commencement. 53 Regulation-making power (1) The Governor in Council may make regulations under this Act. (2) A regulation may be made about the following-- (a) the membership of community governments; (b) the qualifications, and disqualifications, for membership of community governments; (c) elections and by-elections for community governments, including the application of the Local Government Act 1993, chapter 5 to the elections and by-elections; (d) the appointment, powers and duties of returning officers for elections and by-elections for community governments; (e) imposing a penalty of not more than 20 penalty units for a contravention of a provision of a regulation. 54 Keeping registers of interests--councillor and councillor's relatives Despite the Local Government Act 1993, section 247(1), a community government's chief executive officer is not required to keep registers of interests until 1 July 2005. 55 Keeping register of community government delegations Despite the Local Government Act 1993, section 472(4), a community government's chief executive officer is not required to keep a register of delegations until 1 July 2005. 56 Keeping register of enterprises Despite the Local Government Act 1993, section 501(1), a community government is not required to keep a register relating to enterprises until 1 July 2005. 57 Preparation and adoption of corporate plan Despite the Local Government Act 1993, section 504, a community government is not required to prepare and adopt a corporate plan for a period that includes a period before 1 July 2007. 58 Preparation and adoption of operational plan Despite the Local Government Act 1993, section 508, a community government is not required to prepare and adopt an operational plan for a financial year ending before 1 July 2007. 59 Preparation and adoption of revenue policy Despite the Local Government Act 1993, section 513A, a community government is not required to prepare and adopt a revenue policy for a financial year ending before 1 July 2006. 60 Adoption of revenue statement Despite the Local Government Act 1993, section 518, a community government is not required to adopt a revenue statement for a financial year ending before 1 July 2006. 61 Budget for financial year ending 30 June 2006 A community government's budget for the financial year ending 30 June 2006, or any amendment of the budget, is not required to comply with the Local Government Act 1993, sections 519(2) and 520. 62 Content of annual report A community government's annual report for a financial year ending before 1 July 2007 need not contain the information mentioned in the Local Government Act 1993, sections 533 and 534. 63 Keeping register of regulatory fees Despite the Local Government Act 1993, section 1071E(1), a community government is not required to keep a register of its regulatory fees until 1 July 2005. 64 Having corporate structure Despite the Local Government Act 1993, section 1127(1), a community government is not required to have a corporate structure appropriate for the conduct of its affairs until 1 July 2005. 65 Deciding resources for staff Despite the Local Government Act 1993, section 1128, a community government is not required until 1 July 2005 to decide the resources to be allocated to the employment of staff. 66 Keeping register of chief executive officer delegations Despite the Local Government Act 1993, section 1132(3), a community government's chief executive officer is not required to keep a register of delegations until 1 July 2005. 67 Keeping registers of interests--employees (1) Despite the Local Government Act 1993, section 1139(1), a community government's mayor is not required to keep registers of interests until 1 July 2005. (2) Despite the Local Government Act 1993, section 1139(2), a community government's chief executive officer is not required to keep registers of interests until 1 July 2005. 68 Superannuation (1) Despite the Local Government Act 1993, section 1181(2), an employee of a community government is not required to be a member of the scheme before 1 July 2005. (2) Despite the Local Government Act 1993, section 1182(1), a community government is not required to pay the scheme yearly contributions for a permanent employee of the community government for a period before 1 July 2005. 69 Definitions for div 2 In this division-- Aboriginal council means an Aboriginal council under the Aboriginal Communities (Justice and Land Matters) Act 1984 in existence immediately before the commencement. commencement means commencement of this section. 70 Aboriginal council is continued in existence (1) An Aboriginal council mentioned in schedule 3, column 1 is continued in existence as the local government mentioned in schedule 3, column 2 shown opposite the Aboriginal council. (2) Sections 72 and 73 do not limit subsection (1). 71 References to Aboriginal council, council area, by-law or subordinate by-law (1) A reference in an Act or document to an Aboriginal council mentioned in schedule 3, column 1 may, if the context permits, be taken as a reference to the local government mentioned in schedule 3, column 2 shown opposite the Aboriginal council. (2) A reference in an Act or document to the council area of an Aboriginal council mentioned in schedule 3, column 1 may, if the context permits, be taken as a reference to the local government area of the local government mentioned in schedule 3, column 2 shown opposite the Aboriginal council. (3) A reference in an Act or document to a by-law of an Aboriginal council mentioned in schedule 3, column 1 may, if the context permits, be taken as a reference to a local law of the local government mentioned in schedule 3, column 2 shown opposite the Aboriginal council. (4) A reference in an Act or document to a subordinate by-law of an Aboriginal council mentioned in schedule 3, column 1 may, if the context permits, be taken as a reference to a subordinate local law of the local government mentioned in schedule 3, column 2 shown opposite the Aboriginal council. 72 Assets and liabilities etc. On the commencement-- (a) the assets and liabilities of an Aboriginal council mentioned in schedule 3, column 1 become assets and liabilities of the local government mentioned in schedule 3, column 2 shown opposite the Aboriginal council; and (b) any contracts entered into by or on behalf of an Aboriginal council mentioned in schedule 3, column 1 and all guarantees, undertakings and securities given by or on behalf of or to the Aboriginal council, in force immediately before the commencement, are taken to have been entered into or given by or to the local government mentioned in schedule 3, column 2 shown opposite the Aboriginal council and may be enforced against or by the local government; and (c) any property that, immediately before the commencement, was held on trust, or subject to a condition, by an Aboriginal council mentioned in schedule 3, column 1 continues to be held by the local government mentioned in schedule 3, column 2 shown opposite the Aboriginal council on the same trust or subject to the same condition. 73 Proceedings A proceeding that could have been started or continued by or against an Aboriginal council mentioned in schedule 3, column 1 before the commencement may be started or continued by or against the local government mentioned in schedule 3, column 2 shown opposite the Aboriginal council. 74 Membership of new local government From the commencement, a member of an Aboriginal council mentioned in schedule 3, column 1 is taken to be a councillor of the local government mentioned in schedule 3, column 2 shown opposite the Aboriginal council. 75 Mayor and deputy mayor of new local government (1) From the commencement, the chairperson of an Aboriginal council mentioned in schedule 3, column 1 is taken to be the mayor of the local government mentioned in schedule 3, column 2 shown opposite the Aboriginal council. (2) From the commencement, the deputy chairperson of an Aboriginal council mentioned in schedule 3, column 1 is taken to be the deputy mayor of the local government mentioned in schedule 3, column 2 shown opposite the Aboriginal council. 76 Chief executive officer of new local government From the commencement, the clerk of an Aboriginal council mentioned in schedule 3, column 1 is taken to be the chief executive officer of the local government mentioned in schedule 3, column 2 shown opposite the Aboriginal council. 77 Local laws and subordinate local laws of new local government (1) A by-law of an Aboriginal council mentioned in schedule 3, column 1, other than a by-law mentioned in repealed section 166, is taken to be a local law of the local government mentioned in schedule 3, column 2 shown opposite the Aboriginal council. (2) A subordinate by-law of an Aboriginal council mentioned in schedule 3, column 1 is taken to be a subordinate local law of the local government mentioned in schedule 3, column 2 shown opposite the Aboriginal council. (3) A by-law made under repealed section 166, effective immediately before the commencement, stops being effective on the commencement. (4) In this section-- repealed section 166 means the Aboriginal Communities (Justice and Land Matters) Act 1984, section 166 as in force before its repeal by this Act. 78 Budget The budget of an Aboriginal council mentioned in schedule 3, column 1 for the financial year ending 30 June 2005 is taken to be the budget of the local government mentioned in schedule 3, column 2 shown opposite the Aboriginal council for that financial year. 79 Adopted lending policy (1) An adopted lending policy of an Aboriginal council mentioned in schedule 3, column 1 is taken to be an adopted lending policy under section 38 of the local government mentioned in schedule 3, column 2 shown opposite the Aboriginal council. (2) An adopted lending policy of an Aboriginal council mentioned in schedule 3, column 1, that is approved under repealed section 48 is taken to be approved under section 38 for the local government mentioned in schedule 3, column 2 shown opposite the Aboriginal council. (3) In this section-- adopted lending policy, of an Aboriginal council, means a lending policy adopted by the Aboriginal council under repealed section 48. repealed section 48 means the Aboriginal Communities (Justice and Land Matters) Act 1984, section 48 as in force before its repeal by this Act. 80 Decision, order or action with ongoing operation or effect (1) A decision or order made, or other action taken, by or in relation to an Aboriginal council mentioned in schedule 3, column 1 that immediately before the commencement had an ongoing operation or effect is taken to be a decision or order made, or action taken, by or in relation to the local government mentioned in schedule 3, column 2 shown opposite the Aboriginal council. (2) A person who immediately before the commencement was an Aboriginal police officer under the Aboriginal Communities (Justice and Land Matters) Act 1984 for a council area of an Aboriginal council mentioned in schedule 3, column 1 is taken to be an Aboriginal police officer under that Act for the local government area of the local government mentioned in schedule 3, column 2 shown opposite the Aboriginal council. 81 Resolution with ongoing operation or effect (1) A resolution made by an Aboriginal council mentioned in schedule 3, column 1 that immediately before the commencement had an ongoing operation or effect is taken to be a resolution properly made under the Local Government Act 1993, or this Act, by the local government mentioned in schedule 3, column 2 shown opposite the Aboriginal council. (2) However, a resolution mentioned in subsection (1) authorising the payment or provision of remuneration to a councillor of an Aboriginal council stops having effect at the end of 30 June 2005. 82 Financial controller for Aboriginal council (1) An appointment under repealed section 19 of a financial controller for an Aboriginal council mentioned in schedule 3, column 1, effective immediately before the commencement, is taken to be an appointment under section 22 of a financial controller for the local government mentioned in schedule 3, column 2 shown opposite the Aboriginal council. (2) In this section-- repealed section 19 means the Aboriginal Communities (Justice and Land Matters) Act 1984, section 19 as in force before its repeal by this Act. 83 Administrator for Aboriginal council etc. (1) An appointment under repealed section 22 of an administrator for an Aboriginal council mentioned in schedule 3, column 1, effective immediately before the commencement, is taken to be an appointment under the Local Government Act 1993, section 178 of an administrator for the local government mentioned in schedule 3, column 2 shown opposite the Aboriginal council. (2) A committee appointed under repealed section 25, in existence immediately before the commencement, is taken to be a committee appointed under the Local Government Act 1993, section 181. (3) In this section-- repealed section 22 means the Aboriginal Communities (Justice and Land Matters) Act 1984, section 22 as in force before its repeal by this Act. repealed section 25 means the Aboriginal Communities (Justice and Land Matters) Act 1984, section 25 as in force before its repeal by this Act. 85 Amounts loaned to individuals (1) On the commencement of this section-- (a) any adopted lending policy of a community government under repealed section 38 ceases to have effect; and (b) all amounts payable, or that would have become payable, to the community government because of a loan made to a person under the section become payable to the community government. (2) This section does not apply to an adopted lending policy of, or an amount payable to, a community government for any of the following community government areas as in existence immediately before the day that, under the Local Government Act 1993, chapter 3, part 1B, is the changeover day for the new local government area of Northern Peninsula Area-- (a) Injinoo; (b) New Mapoon; (c) Umagico. - SCHEDULE 3 LOCAL GOVERNMENTS THAT ABORIGINAL COUNCILS BECOME Column 1 Column 2 Aboriginal council Local government Cherbourg Aboriginal Council Cherbourg Shire Council Doomadgee Aboriginal Council Doomadgee Shire Council Hope Vale Aboriginal Council Hope Vale Shire Council Injinoo Aboriginal Council Injinoo Shire Council Kowanyama Aboriginal Council Kowanyama Shire Council Lockhart River Aboriginal Council Lockhart River Shire Council Mapoon Aboriginal Council Mapoon Shire Council Napranum Aboriginal Council Napranum Shire Council New Mapoon Aboriginal Council New Mapoon Shire Council Palm Island Aboriginal Council Palm Island Shire Council Pormpuraaw Aboriginal Council Pormpuraaw Shire Council Umagico Aboriginal Council Umagico Shire Council Woorabinda Aboriginal Council Woorabinda Shire Council Wujal Wujal Aboriginal Council Wujal Wujal Shire Council Yarrabah Aboriginal Council Yarrabah Shire Council - SCHEDULE 4 DICTIONARY Aboriginal council, for part 8, division 2, see section 69. approved form means a form approved by the chief executive under section 51. authorised person, for part 4, division 3, see section 33. authorised powers, for part 4, division 3, see section 33. column 1 area map, for part 2, division 1, see section 6. commencement, for part 8, division 2, see section 69. community government means the local government for a community government area. community government area means-- (a) each of the following local government areas under the Local Government Act 1993-- (b) if the external boundaries of a local government area mentioned in paragraph (a) are changed under the Local Government Act 1993--the local government area, as changed. Community Government Finance Standards see section 30(1). local government means a local government under the Local Government Act 1993. local services committee see section 41(1). notice means written notice. reviewable community government matter, for part 3, see section 12. - NOTES Page Date to which amendments incorporated 41 Key 41 Table of reprints 42 List of legislation 42 List of annotations 43 This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 1 July 2008. Future amendments of the Local Government (Community Government Areas) Act 2004 may be made in accordance with this reprint under the Reprints Act 1992, section 49. Key Explanation Key Explanation AIA = Acts Interpretation Act 1954 (prev) = previously amd = amended proc = proclamation amdt = amendment prov = provision ch = chapter pt = part def = definition pubd = published div = division R[X] = Reprint No. [X] exp = expires/expired RA = Reprints Act 1992 gaz = gazette reloc = relocated hdg = heading renum = renumbered ins = inserted rep = repealed lap = lapsed (retro) = retrospectively notfd = notified rv = revised edition num = numbered s = section o in c = order in council sch = schedule om = omitted sdiv = subdivision orig = original SIA = Statutory Instruments Act 1992 p = page SIR = Statutory Instruments Regulation 2002 para = paragraph SL = subordinate legislation prec = preceding sub = substituted pres = present unnum = unnumbered Reprint No. Amendments included Effective Notes 1 none 1 January 2005 1A 2005 Act No. 26 31 May 2005 1B 2005 Act No. 54 18 November 2005 1BA -- 2 January 2006 prov exp 1 January 2006 1C rv 2007 Act No. 21 26 April 2007 1D 2007 Act No. 59 15 March 2008 1E 2008 Act No. 30 1 July 2008 >