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TASMANIA
__________
LOCAL GOVERNMENT AMENDMENT BILL 2005
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 3 amended (Interpretation)
5. Part 2 repealed
6. Section 16 amended (Municipal areas)
7. Section 16A amended (Cities)
8. Section 17 amended (Electoral districts)
9. Section 18 amended (Establishment of councils)
10. Section 19 amended (Corporation of councils)
11. Sections 20 and 20A substituted
20. Functions and powers
20A. Powers of entry
20B. Identity card
12. Section 21 amended (Enterprise powers)
13. Section 22 amended (Delegation by council)
14. Section 23 amended (Council committees)
15. Section 25 amended (Constitution of council)
16. Section 27 amended (Functions of mayors and deputy mayors)
17. Section 28 substituted
28. Functions of councillors
28A. Information and documents relating to functions
[Bill 1]-V
28B. Requirement to make information and documents
available
28C. Confidentiality undertaking
28D. Documents relating to agendas
28E. Code of conduct
28F. Complaints relating to code of conduct
28G. Establishment of Code of Conduct Panel
28H. Establishment of Standards Panel
28I. Costs
28J. Incapacity
18. Section 30 amended (Single and joint authorities)
19. Section 31 amended (Notice of proposed authority)
20. Section 32 amended (Approval and certification of rules)
21. Section 32A inserted
32A. Amendment of rules
22. Section 34 amended (Body corporate)
23. Section 35A inserted
35A. Adverse developments
24. Sections 36A and 36B inserted
36A. Annual reports of authorities
36B. Quarterly reports of authorities
25. Section 38 amended (Rules of authorities)
26. Section 39C amended (Payments)
27. Section 43 amended (Election by electors)
28. Section 44 amended (Term of office)
29. Section 45 amended (Election of councillors)
30. Section 46 amended (Term of office of councillors)
31. Section 46A inserted
46A. Term of office relating to elections in 2000 and 2002
32. Section 47 amended (Resignations)
33. Section 47A repealed
34. Section 48 amended (Declaration of interest by councillor)
35. Section 48A inserted
48A. Declaration of interest by member
36. Section 49 amended (Having an interest)
2
37. Section 51 amended (Close associate)
38. Section 52 amended (Non-application of Part)
39. Section 53 amended (Notification of interest)
40. Sections 53A and 53B inserted
53A. Notification of interest of member
53B. Register of interests of board members
41. Section 54 amended (Register of interests of councillors)
42. Section 54A inserted
54A. Register of interests of members
43. Section 55 amended (Interests of employees and general
manager)
44. Section 55A inserted
55A. Interests of employees of authorities
45. Section 56 amended (Validity of decisions)
46. Part 6 substituted
PART 6 Petitions, polls and public meetings
Division 1 Petitions
57. Petitions
58. Tabling petition
59. Petitions seeking public meetings
60. Action on petition
60A. Public meetings and submissions
Division 2 Elector polls
60B. Council-initiated elector polls
60C. Petition requesting elector poll
60D. Elector polls
60E. Result of elector poll
Division 3 General public meetings
60F. Public meetings
47. Sections 61 and 62 substituted
61. Appointment of general manager
62. Functions and powers of general manager
48. Section 63 amended (Employees)
49. Section 64 amended (Delegation by general manager)
50. Section 65 amended (Qualified persons)
51. Section 69 amended (Public inspection of strategic plan)
52. Section 71 substituted
3
71. Annual plan
53. Section 72 amended (Annual report)
54. Section 72A inserted
72A. GST dispute statement
55. Part 7, Division 3 inserted
Division 3 Annual General Meeting
72B. Annual General Meeting
56. Section 74 amended (Expenditure)
57. Section 77 amended (Grants and benefits)
58. Section 82 amended (Estimates)
59. Section 84 amended (Financial statements)
60. Section 86 amended (Interpretation of Part 9)
61. Section 89A amended (Values under Valuation of Land Act
2001 to be used as basis of rates)
62. Section 93 amended (Service rate)
63. Section 93A inserted
93A. Service rate for fire protection
64. Section 94 amended (Service charge)
65. Section 94A inserted
94A. Volumetric charge
66. Section 95 amended (General provisions)
67. Part 9, Division 5: Heading amended
68. Section 100 amended (Separate rate or charge)
69. Section 101 amended (Intention to make separate rate or charge)
70. Section 102 amended (Submissions)
71. Section 103 amended (Petitions)
72. Section 104 amended (Consideration by council)
73. Section 105 amended (Separate rate or charge for same purpose)
74. Section 105A amended (Review of separate rate or charge)
75. Section 105B amended (Adjustment of separate rate or charge)
76. Section 106 amended (Refund of separate rate or charge)
77. Section 106A amended (Exemptions and variations)
78. Section 107 amended (Variation in rates)
4
79. Section 112 amended (Interpretation of Division 8)
80. Section 120 amended (Liability for rates)
81. Section 121 amended (Change in ownership or occupancy of
land)
82. Section 122 substituted
122. Rates notice
83. Section 123 amended (Objections to rates notice)
84. Section 123A inserted
123A. Volumetric charge notice
85. Section 124 amended (Instalment payments)
86. Section 132 amended (Certificate of liabilities)
87. Section 133 amended (Recovery of rates)
88. Section 137 amended (Sale of land for unpaid rates)
89. Section 139 amended (Application of money from sale)
90. Section 139A inserted
139A. Register of money
91. Part 9A inserted
PART 9A Water Meters
Division 1 Installation, reading and testing of water meters
140A. Installation and replacement of water meter
140B. Ownership of water meter
140C. Responsibilities relating to water meters
140D. Reading of water meter
140E. Testing of water meters
140F. Estimating supply
140G. Relocation or adjustment of connection
Division 2 General powers of authorised persons
140H. Entry
Division 3 Offences
140I. Interference with water system
140J. Diversion of water
140K. Obstruction
140L. Damage or destruction or removal of water meter
140M. Order for costs
92. Section 150 amended (Restrictions on making of by-laws)
93. Section 153 substituted
153. Publication of by-laws
5
94. Section 155 amended (Expiry of by-laws)
95. Section 156A amended (Regulatory impact statement)
96. Section 157 amended (Notice of proposed by-law)
97. Section 160 amended (Alterations to proposed by-law)
98. Sections 161, 162, 163 and 164 substituted
161. Making by-laws
162. Certification of by-law
163. Commencement of by-law
164. By-law to Director
99. Section 166 amended (Copies of by-laws)
100. Section 175 amended (Purchase or lease of land)
101. Section 177 amended (Sale and disposal of land)
102. Section 177A inserted
177A. Public land
103. Section 178 amended (Sale, exchange and disposal of public
land)
104. Sections 178A and 178B inserted
178A. Appeal
178B. Determination of appeal
105. Section 179 substituted
179. Lease of public land for less than 5 years
106. Section 180 repealed
107. Section 182 amended (Fencing land)
108. Section 183 amended (Land reinstated)
109. Section 184 repealed
110. Section 185 amended (Compliance with notice)
111. Section 186 substituted
186. Towns
112. Section 189 amended (Closure of local highways)
113. Section 194 amended (Impounding animals)
114. Section 195 amended (Notice of impounding)
115. Section 196 amended (Fees, costs and charges)
116. Section 197 amended (Sale or destruction of unclaimed animals)
117. Section 198 amended (Destruction of animals)
6
118. Section 199 amended (Interpretation of Division 6)
119. Section 200 amended (Abatement notices)
120. Section 201 amended (Council may take necessary action)
121. Section 202 substituted
202. Appeal against council's action
122. Section 204 amended (Costs)
123. Section 208 amended (Council map)
124. Part 12, Division 9 substituted
PART 12A Local Government Board
Division 1 Local Government Board
210. Local Government Board
211. Functions and powers of Board
212. Staff
213. Delegation by Board
Division 2 Reviews of councils
214. Reviews of council
214A. Scope of review
214B. Supplementary review
214C. Procedures for review
214D. Report of review
214E. Result of review
214F. Transfer and vesting of assets
214G. Apportionment between councils
214H. Costs
Division 3 Reviews of single and joint authorities
214I. Review of single or joint authorities
214J. Procedure for review
214K. Recommendations
125. Section 219 amended (Submissions)
126. Section 225 amended (Result of inquiry)
127. Section 226 amended (Dismissal of councillors)
128. Part 13, Division 2: Heading amended
129. Section 230 amended (Appointment of commissioner on
suspension)
130. Section 231 amended (Appointment of commissioner on
dismissal)
131. Section 232 amended (Powers and functions of commissioner)
132. Section 233 amended (Remuneration of commissioner)
7
133. Section 234 amended (Termination of appointment as
commissioner)
134. Section 247 amended (Right to carry out works)
135. Section 248 amended (Right of occupier to act in certain cases
on default of owner)
136. Part 14, Division 5 inserted
Division 5 Proceedings for offences
252A. Proceedings for offences
137. Section 253 amended (Interpretation of Part 15)
138. Section 253B inserted
253B. Prescribed procedures for certain elections
139. Section 260 amended (Closure of electoral roll)
140. Section 268A amended (Closing day and polling period)
141. Section 270 amended (Eligibility for nomination as councillor)
142. Section 274 amended (Election without poll)
143. Section 277 repealed
144. Section 278 amended (Electoral advertising)
145. Section 288 amended (Ballot papers)
146. Section 304 amended (Certificate of election)
147. Section 306 amended (Keeping of electoral material)
148. Section 307 amended (Casual vacancies)
149. Section 308 amended (By-elections)
150. Section 311 amended (Electoral articles to be signed)
151. Section 321 amended (Declaration of office)
152. Section 321A inserted
321A. Vacancy of office on failure to make declaration
153. Section 331E repealed
154. Part 16, Division 2A inserted
Division 2A Tenders and contracts for goods and services
333A. Tenders
333B. Code for tenders and contracts
155. Section 336A amended (Public Office)
156. Section 337 substituted
337. Council land information certificate
8
157. Section 338A inserted
338A. Disclosure of information
158. Sections 339C, 339D, 339E and 339F inserted
339C. Offence to perform functions or exercise powers of
councillor
339D. Obstruction
339E. Complaints against non-compliance or offence
339F. Customer service charter
159. Section 340 substituted
340. Interference with records and documents
160. Section 340A amended (Allowances)
161. Section 344 amended (Rounding off rates, &c.)
162. Section 346 repealed
163. Schedule 1 amended (Membership of Local Government Board)
164. Schedule 4 repealed
165. Schedule 5 amended (Office of Councillors)
9
10
LOCAL GOVERNMENT AMENDMENT BILL 2005
(Brought in by the Minister Assisting the Premier on Local
Government, the Honourable James Glennister Cox)
A BILL FOR
An Act to amend the Local Government Act 1993
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Local Government
Amendment Act 2005.
2. Commencement
The provisions of this Act commence on a day
or days to be proclaimed.
3. Principal Act
In this Act, the Local Government Act 1993* is
referred to as the Principal Act.
*No. 95 of 1993
[Bill 1] 11
s. 4 No. Local Government Amendment 2005
4. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
(a) by inserting the following definition after
the definition of "absolute majority":
"Appeal Tribunal" means the
Resource Management and
Planning Appeal Tribunal
established under the Resource
Management and Planning
Appeal Tribunal Act 1993;
(b) by omitting "Parts 2 and 3" from the
definition of "assets" and substituting
"Parts 3 and 12A";
(c) by inserting the following definition after
the definition of "assets":
"authorised person" means a person
authorised under section 20A;
(d) by omitting "section 4" from the
definition of "Board" and substituting
"section 210";
(e) by inserting the following definition after
the definition of "by-laws":
"candidate" means a person whose
nomination for an election under
Part 15 has been accepted under
section 272;
(f) by inserting the following definition after
the definition of "certificate of election":
12
2005 Local Government Amendment No. s. 4
"chief executive officer" means, in
relation to a single authority or
joint authority, the person
responsible for the administration
and operation of that authority;
(g) by inserting the following definition after
the definition of "close associate":
"Code of Conduct Panel" means the
Code of Conduct Panel
established under section 28G;
(h) by omitting the definition of "de facto
spouse";
(i) by inserting the following definitions
after the definition of "elector poll":
"electoral advertising" means any
advertising in respect of a
campaign for election by a
candidate or intending candidate
by any of the following means:
(a) any notice, sign or poster;
(b) any pamphlet or handbill;
(c) any "how to vote" card;
(d) any print medium;
"Electoral Commissioner" means the
person holding that office under
the Electoral Act 2004;
(j) by inserting the following definition after
the definition of "GST law":
13
s. 4 No. Local Government Amendment 2005
"intending candidate" means a
person who has publicly declared
the intention to nominate for an
election under Part 15;
(k) by inserting the following definition after
the definition of "municipal area":
"ordinary election" means an
election under Part 15 that is not
a by-election;
(l) by inserting the following definition after
the definition of "participating council":
"partner" means a partner within the
meaning of the Relationships Act
2003;
(m) by omitting "section 12" from the
definition of "proposed municipal area"
and substituting "section 214E";
(n) by omitting the definition of "public
office" and substituting the following
definitions:
"public land" means public land as
specified in section 177A(1);
"public office" means
(a) in the case of a municipal
area, the place at which a
council carries on its
administrative activities;
or
(b) in the case of a proposed
municipal area, the place
14
2005 Local Government Amendment No. s. 4
at which a council or
councils of that proposed
municipal area carry out
their administrative
activities;
(o) by inserting the following definition after
the definition of "rates notice":
"relevant period" means the period
starting on the 30th day before
the date of notice of election and
ending at the end of the polling
period;
(p) by omitting "Part 2" from the definition
of "review" and substituting "Part 12A";
(q) by inserting the following definition after
the definition of "special committee":
"Standards Panel" means a
Standards Panel convened under
section 28H;
(r) by omitting "bicycle." from the definition
of "vehicle" and substituting "bicycle;";
(s) by inserting the following definitions
after the definition of "vehicle":
"volumetric charge" means a charge
made under section 94A;
"volumetric charge notice" means a
notice under section 123A;
"volumetric charge period" means a
period during which a volumetric
charge applies;
15
s. 5 No. Local Government Amendment 2005
"water meter" means a device used
for the measurement of the
volume of water;
"water system" means the pipes,
fittings, water meters and other
connected accessories required
for or incidental to the supply and
the measurement of water
provided by a council.
5. Part 2 repealed
Part 2 of the Principal Act is repealed.
6. Section 16 amended (Municipal areas)
Section 16 of the Principal Act is amended as
follows:
(a) by omitting from subsection (4) "Part 2"
and substituting "Part 12A";
(b) by omitting from subsection (6) "section
12" and substituting "section 214E".
7. Section 16A amended (Cities)
Section 16A(4) of the Principal Act is amended
by omitting "section 12" and substituting
"section 214E relating to cities to give effect to
that order".
16
2005 Local Government Amendment No. s. 8
8. Section 17 amended (Electoral districts)
Section 17(3) of the Principal Act is amended by
omitting "section 12" and substituting
"section 214E".
9. Section 18 amended (Establishment of councils)
Section 18 of the Principal Act is amended as
follows:
(a) by omitting subsection (3) and
substituting the following subsection:
(3) A meeting of a council is to be
conducted in accordance with
prescribed procedures.
(b) by omitting from subsection (4)
"section 12" and substituting
"section 214E".
10. Section 19 amended (Corporation of councils)
Section 19 of the Principal Act is amended as
follows:
(a) by omitting subsection (4);
(b) by omitting from subsection (6) "the
imprint of".
17
s. 11 No. Local Government Amendment 2005
11. Sections 20 and 20A substituted
Sections 20 and 20A of the Principal Act are
repealed and the following sections are
substituted:
20. Functions and powers
(1) In addition to any functions of a council
in this or any other Act, a council has the
following functions:
(a) to provide for the health, safety
and welfare of the community;
(b) to represent and promote the
interests of the community;
(c) to provide for the peace, order
and good government of the
municipal area.
(2) In performing its functions, a council is
to consult, involve and be accountable to
the community.
(3) A council may do anything necessary or
convenient to perform its functions either
within or outside its municipal area.
(4) A council may transfer to a single
authority or a joint authority
(a) any of its assets and liabilities on
any condition it determines; or
(b) any of its employees.
(5) A council may
18
2005 Local Government Amendment No. s. 11
(a) acquire, hold, dispose of and
otherwise deal with property; and
(b) sue and be sued in its corporate
name.
20A. Powers of entry
(1) In order that a council may perform its
functions or exercise its powers under
this or any other Act, the general
manager may authorise a person to enter
land for a specific purpose or in general.
(2) An authorised person need not be an
employee of a council.
(3) The general manager must give notice to
the owner or occupier of the land before
entry is made under subsection (1)
unless
(a) an emergency exists; or
(b) the entry is in relation to an
application by the owner or
occupier for a licence, permit or
other approval given by the
council; or
(c) notice would defeat the purpose
of the entry.
(4) A person entering land under this section
is to produce the identity card issued to
that person under section 20B.
(5) The general manager may revoke an
authority under this section.
19
s. 12 No. Local Government Amendment 2005
20B. Identity card
(1) The general manager is to ensure that a
person authorised to enter land pursuant
to section 20A is issued with an identity
card.
(2) An identity card is to
(a) specify the name of the person;
and
(b) contain a recent photograph of
the person; and
(c) specify the date of issue; and
(d) specify the council or agent of the
council that employs the person.
(3) A person whose authority is revoked
under section 20A(5) must return his or
her identity card to the general manager
within 3 days of the revocation.
Penalty: Fine not exceeding 10 penalty
units.
12. Section 21 amended (Enterprise powers)
Section 21 of the Principal Act is amended as
follows:
(a) by inserting the following subsection
after subsection (1):
(1A) A motion by a council to exercise
any of its powers under
subsection (1) must be
20
2005 Local Government Amendment No. s. 13
accompanied by a statement of
the objectives of the exercise of
that power.
(b) by inserting the following subsection
after subsection (4):
(5) The general manager is to report
to the council
(a) at least once every 3
months in respect of the
performance of any
activities carried out
pursuant to subsection (1)
and any strategic issues
related to those activities;
and
(b) any adverse developments
that significantly affect or
are likely to significantly
affect the financial
viability, the operating
viability or any other
aspect of any of those
activities.
13. Section 22 amended (Delegation by council)
Section 22 of the Principal Act is amended as
follows:
(a) by inserting in subsection (1) "under this
or any other Act," after "or powers";
(b) by inserting the following paragraph after
paragraph (a) in subsection (2):
21
s. 14 No. Local Government Amendment 2005
(ab) the postponement of rates and
charges;
(c) by omitting paragraph (c) from
subsection (3) and substituting the
following paragraph:
(c) the establishment of council
committees, special committees,
controlling authorities, single
authorities or joint authorities;
(d) by omitting paragraphs (e) and (f) from
subsection (3) and substituting the
following paragraphs:
(e) the revision of the strategic plan
and the annual plan of the
council;
(f) the appointment of the general
manager;
(fa) the sale, donation, exchange or
other disposal of land or public
land;
(fb) the decision to exercise any
power under section 21(1);
14. Section 23 amended (Council committees)
Section 23 of the Principal Act is amended as
follows:
(a) by inserting in subsection (2) "and any
councillor who fills a vacancy for a
meeting at the request of the council
committee" after "the council";
22
2005 Local Government Amendment No. s. 15
(b) by omitting subsection (3) and
substituting the following subsection:
(3) A meeting of a council committee
is to be conducted in accordance
with prescribed procedures.
15. Section 25 amended (Constitution of council)
Section 25(4) of the Principal Act is amended by
omitting "section 12" and substituting
"section 214E".
16. Section 27 amended (Functions of mayors and
deputy mayors)
Section 27 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "the
mayors" and substituting "a mayor";
(b) by omitting from subsection (1)(b)
"principal";
(c) by inserting the following paragraph after
paragraph (b) in subsection (1):
(ba) to liaise with the general manager
on the activities of the council
and the performance of its
functions and exercise of its
powers; and
(d) by inserting the following subsection
after subsection (1):
23
s. 17 No. Local Government Amendment 2005
(1A) The mayor or deputy mayor is to
represent accurately the policies
and decisions of the council in
performing the functions of
mayor or deputy mayor.
(e) by omitting subsection (2A) and
substituting the following subsection:
(2A) The mayor, by notice in writing,
may delegate for a specified
period
(a) the function referred to in
subsection (1)(b) to the
deputy mayor, a
councillor or the general
manager; and
(b) any other power or
function of the mayor,
other than the function
referred to in
subsection (1)(a), to the
deputy mayor.
17. Section 28 substituted
Section 28 of the Principal Act is repealed and
the following sections are substituted:
28. Functions of councillors
(1) A councillor, in the capacity of an
individual councillor, has the following
functions:
(a) to represent the community;
24
2005 Local Government Amendment No. s. 17
(b) to act in the best interests of the
community;
(c) to facilitate communication by
the council with the community;
(d) to participate in the activities of
the council;
(e) to undertake duties and
responsibilities as authorised by
the council.
(2) The councillors of a council collectively
have the following functions:
(a) to develop and monitor the
implementation of strategic plans
and budgets;
(b) to determine and monitor the
application of policies, plans and
programs for
(i) the efficient and effective
provision of services and
facilities; and
(ii) the efficient and effective
management of assets;
and
(iii) the fair and equitable
treatment of employees of
the council;
(c) to facilitate and encourage the
planning and development of the
municipal area in the best
interests of the community;
25
s. 17 No. Local Government Amendment 2005
(d) to appoint and monitor the
performance of the general
manager;
(e) to determine and review the
council's resource allocation and
expenditure activities;
(f) to monitor the manner in which
services are provided by the
council.
(3) In performing any function under this
Act or any other Act, a councillor must
not
(a) direct or attempt to direct an
employee of the council in
relation to the discharge of the
employee's duties; or
(b) perform any function of the
mayor without the approval of the
mayor.
(4) A councillor is to represent accurately
the policies and decisions of the council
in performing the functions of councillor.
28A. Information and documents relating to
functions
(1) A councillor, in writing, may request the
general manager to make available any
information or document or a copy of
any information or document in the
possession of the council that may be
required for the purpose of performing
any of the councillor's functions.
26
2005 Local Government Amendment No. s. 17
(2) A councillor who makes a request under
subsection (1) is to
(a) state in writing the relevance of
the information or document to
any of the councillor's functions;
and
(b) declare that he or she would not
have, or would be unlikely to
have, any pecuniary interest in
the matter to which the
information or document relates
if the matter were to be an item
on the agenda of a meeting of the
council or a council committee.
(3) The general manager may refuse the
request of a councillor if
(a) the general manager believes that
the request would unreasonably
extend the resources of the
council; or
(b) the councillor has declared an
interest under section 48; or
(c) the councillor has failed or
refused to make a declaration
under subsection (2)(b); or
(d) the general manager considers
that the information or document
requested is not required for the
purpose of performing any of the
councillor's functions.
(4) If the general manager refuses the
request the general manager is to advise
27
s. 17 No. Local Government Amendment 2005
the councillor in writing, stating the
reasons for the refusal.
(5) The general manager is to make any
information or document made available
to a councillor under this section
available to any other councillor on
request.
28B. Requirement to make information and
documents available
(1) A councillor may seek a decision of the
council to require the general manager to
make information or a document
available if the general manager has
refused a request under section 28A.
(2) Subsection (1) does not apply to any
information or document that, if made
available, may disclose information
relating to the personal affairs of any
person.
(3) The general manager is to comply with a
requirement made as a result of a
decision by the council.
28C. Confidentiality undertaking
(1) If the general manager considers that the
information or document is confidential,
the general manager may require the
councillor to whom the information or
document is to be made available to give
an undertaking to keep it confidential.
(2) If a councillor refuses or fails to give the
undertaking, the general manager may
28
2005 Local Government Amendment No. s. 17
refuse to make the information or
document available to the councillor.
28D. Documents relating to agendas
(1) A councillor, on request, is entitled to be
provided with a copy of any document in
the possession of the council that relates
directly to an item on the agenda of a
meeting of the council or a council
committee.
(2) A request
(a) is to be in writing; and
(b) is to specify the document by
name or title or subject matter.
(3) The general manager is to make any
document that is provided to a councillor
under this section available to any other
councillor on request.
(4) If the general manager considers that a
document is confidential, the general
manager may require the councillor to
whom the document is to be provided to
give an undertaking to keep it
confidential.
(5) The general manager may refuse to
provide the councillor with a document if
the councillor
(a) has declared an interest under
section 48 in relation to a matter
covered by the document; or
29
s. 17 No. Local Government Amendment 2005
(b) refuses or fails to give the
undertaking under subsection (4).
28E. Code of conduct
(1) A council must adopt a code relating to
the conduct of councillors by 1
July 2006.
(2) A code of conduct must
(a) be consistent with this Act; and
(b) address any prescribed matters;
and
(c) be reviewed within 12 months
after an ordinary election.
(3) The general manager is to make a copy
of the council's code of conduct and any
amendments to the code available
(a) for public inspection at the public
office during ordinary office
hours; and
(b) for purchase at a reasonable
charge; and
(c) on its internet site free of charge.
(4) A councillor is to comply with the
provisions of the code of conduct in
performing the functions and exercising
the powers of a councillor.
28F. Complaints relating to code of conduct
(1) A person may make a complaint to a
council in relation to an alleged failure of
30
2005 Local Government Amendment No. s. 17
a councillor to comply with any
provision of the code of conduct.
(2) A complaint is to be
(a) made and lodged in the
prescribed manner; and
(b) referred to the Code of Conduct
Panel or a Standards Panel as
prescribed; and
(c) heard and determined as
prescribed.
(3) A complainant or a councillor who is the
subject of a complaint may appeal in the
prescribed manner against a decision of
the Code of Conduct Panel made in
respect of that complaint.
(4) An appeal under subsection (3) is to be
heard and determined by a Standards
Panel as prescribed.
(5) Regulations may prescribe fees in respect
of
(a) the making of a complaint; and
(b) the lodging of an appeal; and
(c) the referral of a complaint.
28G. Establishment of Code of Conduct Panel
(1) A council must establish a Code of
Conduct Panel to hear and determine a
complaint in respect of the alleged failure
of a councillor to comply with a
provision of the code of conduct.
31
s. 17 No. Local Government Amendment 2005
(2) A Code of Conduct Panel is to consist of
2 members appointed by the council of
whom one is a person of good standing
in the community and is not or has not
been a councillor or employee of that
council within the previous 5 years.
(3) The person of good standing appointed
under subsection (2) is the chairperson of
a Code of Conduct Panel.
(4) At the first ordinary meeting after an
ordinary election, a council is to appoint
3 councillors, other than the mayor, to
form a panel.
(5) The chairperson of a Code of Conduct
Panel is to select one member of the
panel to be the second member of the
Code of Conduct Panel in respect of a
complaint.
(6) Both members of a Code of Conduct
Panel must be present to hear and
determine a complaint.
28H. Establishment of Standards Panel
(1) The Local Government Association of
Tasmania must convene a Standards
Panel to hear and determine, as
prescribed
(a) a complaint referred to it; and
(b) an appeal from a determination
made by a Code of Conduct
Panel.
32
2005 Local Government Amendment No. s. 17
(2) A Standards Panel is to consist of at least
2 and not more than 3 members
appointed by the Local Government
Association of Tasmania of whom
(a) one is the chairperson who has
experience in local government;
and
(b) one is a person who is a legal
practitioner.
(3) The Local Government Association of
Tasmania may appoint a suitable person
as the third member of a Standards Panel.
(4) A member of the Standards Panel must
not be or have been a councillor or
employee of the same council as the
respondent councillor within the previous
5 years.
(5) All members appointed to a Standards
Panel must be present to hear and
determine a complaint or an appeal.
28I. Costs
Each party to a complaint or an appeal is
to bear his or her own costs.
28J. Incapacity
(1) A prescribed person may apply to a
magistrate for an order that a councillor
is unable to perform or exercise
adequately or competently the functions
or powers of a councillor due to the
physical or mental incapacity of the
councillor.
33
s. 18 No. Local Government Amendment 2005
(2) The magistrate may
(a) grant the order; or
(b) refuse to grant the order.
(3) If the magistrate grants the order
(a) the councillor is removed from
office with effect from the date of
the order; and
(b) the office of the councillor is
vacant as at that date.
18. Section 30 amended (Single and joint authorities)
Section 30 of the Principal Act is amended by
omitting subsection (3).
19. Section 31 amended (Notice of proposed authority)
Section 31 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"resolves to establish a single authority
or one of the councils that resolves" and
substituting "decides to establish a single
authority or one of the councils that
decides";
(b) by inserting in subsection (2)(e) "of one
of the participating councils" after
"manager";
(c) by omitting subsection (5).
34
2005 Local Government Amendment No. s. 20
20. Section 32 amended (Approval and certification of
rules)
Section 32 of the Principal Act is amended as
follows:
(a) by inserting in subsection (2) "of one of
the participating councils" after
"manager";
(b) by inserting the following subsections
after subsection (2):
(3) A council must not approve any
proposed rules unless the rules
have been certified by
(a) a qualified legal
practitioner to be in
accordance with the law;
and
(b) the general manager of
one of the participating
councils to have been
made in accordance with
this Act.
(4) The general manager of one of
the participating councils is to
provide the Director with a copy
of
(a) the approved rules; and
(b) any subsequent
amendment to those rules.
35
s. 21 No. Local Government Amendment 2005
21. Section 32A inserted
After section 32 of the Principal Act, the
following section is inserted in Division 4:
32A. Amendment of rules
The provisions of sections 31 and 32
apply to any amendment of rules of a
single authority or joint authority.
22. Section 34 amended (Body corporate)
Section 34(4) of the Principal Act is amended by
omitting "the imprint of".
23. Section 35A inserted
After section 35 of the Principal Act, the
following section is inserted in Division 4:
35A. Adverse developments
A single authority or joint authority must
notify as soon as practicable the single
authority council or participating
councils of any development which, in its
opinion, may
(a) significantly affect the financial
viability or operating ability of
the authority; or
(b) otherwise significantly affect the
authority in an adverse manner.
36
2005 Local Government Amendment No. s. 24
24. Sections 36A and 36B inserted
After section 36 of the Principal Act, the
following sections are inserted in Division 4:
36A. Annual reports of authorities
(1) A single authority or joint authority must
submit an annual report to the single
authority council or participating
councils.
(2) The annual report of a single authority or
joint authority is to include
(a) a statement of its activities during
the preceding financial year; and
(b) a statement of its performance in
relation to the goals and
objectives set for the preceding
financial year; and
(c) the financial statements for the
preceding financial year; and
(d) a copy of the audit opinion for the
preceding financial year; and
(e) any other information it considers
appropriate or necessary to
inform the single authority
council or participating councils
of its performance and progress
during the financial year.
36B. Quarterly reports of authorities
(1) A single authority or joint authority must
submit to the single authority council or
37
s. 25 No. Local Government Amendment 2005
participating councils a report as soon as
practicable after the end of March, June,
September and December in each year.
(2) The quarterly report of the single
authority or joint authority is to include
(a) a statement of its general
performance; and
(b) a statement of its financial
performance.
25. Section 38 amended (Rules of authorities)
Section 38 of the Principal Act is amended as
follows:
(a) by inserting the following paragraph after
paragraph (d) in subsection (1):
(da) the setting of goals and objectives
of the authority;
(b) by inserting the following subsection
after subsection (3):
(3A) If a board of management is
provided for under
subsection (3)(a), the rules of a
single authority or joint authority
are to provide for consultation
between the membership of the
authority and the board of
management in respect of the
strategic direction to be taken by
the authority.
38
2005 Local Government Amendment No. s. 26
26. Section 39C amended (Payments)
Section 39C(3) of the Principal Act is amended
by inserting ", or invoice a single authority
council or participating councils," after
"section".
27. Section 43 amended (Election by electors)
Section 43 of the Principal Act is amended as
follows:
(a) by omitting from subsection (2) "on the
same day as" and substituting
"concurrently with";
(b) by omitting from subsection (3) "election
of mayor and deputy mayor is" and
substituting "elections of mayor and
deputy mayor are".
28. Section 44 amended (Term of office)
Section 44(1) of the Principal Act is amended by
omitting "the election for" twice occurring and
substituting "an ordinary election for".
29. Section 45 amended (Election of councillors)
Section 45(4) of the Principal Act is amended by
omitting "section 12" and substituting
"section 214E".
39
s. 30 No. Local Government Amendment 2005
30. Section 46 amended (Term of office of councillors)
Section 46(1) of the Principal Act is amended by
omitting "election for" twice occurring and
substituting "ordinary election for".
31. Section 46A inserted
After section 46 of the Principal Act, the
following section is inserted in Division 2:
46A. Term of office relating to elections in 2000
and 2002
(1) The term of office of a councillor elected
in the election held in October 2000 is 5
years concluding on the day on which the
certificate of election is issued in respect
of the ordinary election to be held in
October 2005.
(2) The term of office of a councillor elected
in the election held in October 2002 is 5
years concluding on the day on which the
certificate of election is issued in respect
of the ordinary election to be held in
October 2007.
(3) The term of office of a mayor or deputy
mayor elected in the election held in
October 2002 is 3 years concluding on
the day on which the certificate of
election is issued in respect of the
ordinary election to be held in October
2005.
40
2005 Local Government Amendment No. s. 32
32. Section 47 amended (Resignations)
Section 47 of the Principal Act is amended by
omitting subsection (3) and substituting the
following subsections:
(3) On the date of receipt by the general
manager of the resignation of a
councillor
(a) the resignation takes effect; and
(b) the office of councillor becomes
vacant.
(3A) On receipt of a resignation, the general
manager is to advise the council and the
Electoral Commissioner of the
resignation.
33. Section 47A repealed
Section 47A of the Principal Act is repealed.
34. Section 48 amended (Declaration of interest by
councillor)
Section 48(4) of the Principal Act is amended by
omitting "is to notify in writing" and substituting
", by notice in writing, is to advise".
35. Section 48A inserted
After section 48 of the Principal Act, the
following section is inserted in Part 5:
41
s. 35 No. Local Government Amendment 2005
48A. Declaration of interest by member
(1) At any meeting of a special committee or
controlling authority, or the board of a
single authority or joint authority, a
member must not participate in any
discussion, or vote on any matter, in
respect of which the member
(a) has an interest; or
(b) is aware or ought to be aware that
a close associate has an interest.
Penalty: Fine not exceeding 20 penalty
units.
(2) A member must declare any interest in a
matter before any discussion on that
matter commences.
Penalty: Fine not exceeding 50 penalty
units.
(3) On declaring an interest, the member is
to leave the room in which the meeting is
being held.
Penalty: Fine not exceeding 20 penalty
units.
(4) A member of a special committee or
controlling authority, by notice in
writing, is to advise the general manager
of the details of any interest declared
under this section within 7 days of that
declaration.
Penalty: Fine not exceeding 20 penalty
units.
42
2005 Local Government Amendment No. s. 36
(5) A member of a board of a single
authority or joint authority, by notice in
writing, is to advise the chief executive
officer of that authority of the details of
any interest declared under this section
within 7 days of that declaration.
Penalty: Fine not exceeding 20 penalty
units.
(6) The general manager or chief executive
officer is to
(a) ensure that the declaration of
interest is recorded in the minutes
of the meeting at which it is
made; and
(b) record the details of any declared
interest in the register of interests
kept under section 53B or 54A.
36. Section 49 amended (Having an interest)
Section 49(1) of the Principal Act is amended as
follows:
(a) by inserting "or member" after "A
councillor";
(b) by inserting "or member" after "the
councillor".
37. Section 51 amended (Close associate)
Section 51 of the Principal Act is amended as
follows:
43
s. 37 No. Local Government Amendment 2005
(a) by inserting "or member" after "a
councillor";
(b) by inserting in paragraph (a) "or
member" after "councillor";
(c) by inserting in paragraph (b) "or
member" after "councillor";
(d) by inserting in paragraph (c) "or
member" after "councillor";
(e) by inserting in paragraph (d) "or
member" after "councillor";
(f) by omitting paragraph (e) and
substituting the following paragraph:
(e) a business partner of the
councillor or member; or
(g) by inserting in paragraph (f) "or
member" after "councillor";
(h) by inserting in paragraph (g) "or
member" after "councillor";
(i) by inserting in paragraph (g) ", council
committee, special committee,
controlling authority, single authority or
joint authority" after "council";
(j) by omitting paragraphs (h) and (i) and
substituting the following paragraphs:
(h) the spouse or partner of the
councillor, member, councillor's
son or daughter or member's son
or daughter; or
44
2005 Local Government Amendment No. s. 38
(i) the son, daughter, brother, sister,
mother or father of the councillor
or member or of their spouse or
partner.
38. Section 52 amended (Non-application of Part)
Section 52 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "or a
close associate" and substituting ",
member or close associate";
(b) by omitting from subsection (1)(a) "or
residents";
(c) by omitting paragraph (b) from
subsection (1) and substituting the
following paragraph:
(b) the matter relates to an insurance
policy or an indemnity policy
being considered or taken out by
the council, single authority or
joint authority to insure or
indemnify councillors or
members or their spouses or
partners unless the matter relates
to, or is a claim made by, the
councillor or member; or
(d) by inserting in subsection (1)(c) ",
member" after "councillor";
(e) by inserting the following paragraph after
paragraph (c) in subsection (1):
45
s. 38 No. Local Government Amendment 2005
(ca) the matter relates to the making
of a rate or charge under Part 9;
or
(f) by omitting paragraph (d) from
subsection (1) and substituting the
following paragraph:
(d) the matter relates to any
allowances or expenses payable
to councillors or members; or
(g) by inserting the following subsection
after subsection (1):
(1A) For the purpose of
subsection (1)
"substantial proportion of
the electors" means at
least 5% or 1 000 electors,
whichever is the lesser.
(h) by omitting from subsection (2) "or a
close associate" and substituting ",
member or close associate";
(i) by omitting from subsection (2)(a)(i)
"and the councillor" and substituting ",
council committee, special committee,
controlling authority, single authority or
joint authority and the councillor or
member";
(j) by inserting in subsection (2)(b) "or
member" after "councillor";
(k) by inserting in subsection (2)(c) "or
member" after "councillor";
46
2005 Local Government Amendment No. s. 38
(l) by omitting paragraph (d) from
subsection (2) and substituting the
following paragraphs:
(d) the councillor or member or close
associate is a member of a body,
club, union or other non-profit
organisation if
(i) a personal benefit or
detriment to the
councillor, member or
close associate, or the
spouse or partner of the
councillor, member or
close associate, is not
involved; and
(ii) the councillor, member or
close associate is not an
office bearer of that body,
club, union or
organisation; or
(da) the councillor, member or close
associate is appointed or
nominated as a member of a body
by the council; or
(m) by inserting in subsection (2)(e) "or
member" after "councillor";
(n) by inserting in subsection (2)(f) "or
member" after "councillor";
(o) by inserting in subsection (2)(g) "or
member" after "the councillor";
47
s. 39 No. Local Government Amendment 2005
(p) by omitting paragraph (h) from
subsection (2) and substituting the
following paragraph:
(h) the councillor, member or close
associate is a member of a body
established by a council.
(q) by inserting the following subsection
after subsection (2):
(3) A council, at a meeting open to
the public, may decide to exempt
a councillor or member from this
Part for a period not exceeding 12
months if the councillor or
member has a potential pecuniary
interest in a matter only because
of being appointed or nominated
as a councillor or member due to
expertise arising from direct
involvement in an activity that
gives rise to that potential
pecuniary interest.
39. Section 53 amended (Notification of interest)
Section 53 of the Principal Act is amended as
follows:
(a) by omitting subsection (1) and
substituting the following subsection:
(1) Any person who considers that a
councillor or member has an
interest in a matter to be, or
being, dealt with by a council,
council committee, special
48
2005 Local Government Amendment No. s. 40
committee or controlling
authority may notify the general
manager in writing of that
interest.
(b) by inserting in subsection (2)(a) "or
chairperson" after "mayor";
(c) by inserting in subsection (2)(b) "or
member" after "councillor".
40. Sections 53A and 53B inserted
After section 53 of the Principal Act, the
following sections are inserted in Part 5:
53A. Notification of interest of member
(1) Any person who considers that a member
of a board of a single authority or joint
authority has an interest in a matter to be,
or being, dealt with by a single authority
or joint authority may notify the chief
executive officer of that authority in
writing of that interest.
(2) On receipt of a notification, the chief
executive officer is to advise
(a) the chairperson; and
(b) the member who is the subject of
the notification.
53B. Register of interests of board members
(1) The chief executive officer of a single
authority or joint authority is to keep a
register of interests of members of the
49
s. 41 No. Local Government Amendment 2005
board of that authority advised under
section 48A(5).
(2) A register kept under this section is
exempt from the provisions of the
Freedom of Information Act 1991.
41. Section 54 amended (Register of interests of
councillors)
Section 54 of the Principal Act is amended as
follows:
(a) by inserting in subsection (1) "of
councillors" after "interests";
(b) by omitting subsections (2), (3), (4) and
(5) and substituting the following
subsections:
(2) A person, by notice in writing to
the general manager, may apply
to inspect the register of interests.
(3) On receipt of an application, the
general manager is to allow the
applicant to inspect the register of
interests.
42. Section 54A inserted
After section 54 of the Principal Act, the
following section is inserted in Part 5:
50
2005 Local Government Amendment No. s. 43
54A. Register of interests of members
(1) The general manager is to keep a register
of interests of members of a special
committee or controlling authority.
(2) The chief executive officer of a single
authority or joint authority is to keep a
register of interests of members of the
board of that authority.
(3) A councillor of a council that has
established a special committee or
controlling authority may inspect a
register of interests kept under this
section.
(4) A register kept under this section is
exempt from the provisions of the
Freedom of Information Act 1991.
43. Section 55 amended (Interests of employees and
general manager)
Section 55 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "is to
notify the general manager, or in the case
of the general manager to notify the
mayor, in writing of any pecuniary
interest as referred to in this Part that the
employee or the general manager has"
and substituting "must notify the general
manager, or in the case of the general
manager the mayor, in writing of having
an interest as referred to in section 49";
51
s. 44 No. Local Government Amendment 2005
(b) by inserting the following subsection
after subsection (1):
(1A) Section 51 applies as if a
reference to a councillor were a
reference to an employee or a
general manager.
44. Section 55A inserted
After section 55 of the Principal Act, the
following section is inserted in Part 5:
55A. Interests of employees of authorities
(1) An employee of a single authority or
joint authority must notify the chief
executive officer in writing, or the chief
executive officer of a single authority or
joint authority must notify the board of
management of that authority in writing,
of having an interest as referred to in
section 49 in any matter in respect of
which he or she
(a) provides advice to that authority;
or
(b) makes a decision or
determination; or
(c) makes a recommendation to that
authority.
Penalty: Fine not exceeding 50 penalty
units.
(2) Section 51 applies as if a reference to a
councillor were a reference to an
52
2005 Local Government Amendment No. s. 45
employee or a chief executive officer of a
single authority or joint authority.
(3) The chief executive officer of a single
authority or joint authority is to
(a) advise the board of management
of that authority of the existence
of any interest notified under
subsection (1); and
(b) keep a register of any such
interest.
(4) Any register kept under subsection (3)(b)
is exempt from the provisions of the
Freedom of Information Act 1991.
45. Section 56 amended (Validity of decisions)
Section 56 of the Principal Act is amended as
follows:
(a) by inserting "or member" after "a
councillor";
(b) by omitting from paragraph (a)
"section 48" and substituting "section 48
or 48A";
(c) by inserting in paragraph (b) "or
member" after "councillor".
46. Part 6 substituted
Part 6 of the Principal Act is repealed and the
following Part is substituted:
53
s. 46 No. Local Government Amendment 2005
PART 6 PETITIONS, POLLS AND PUBLIC MEETINGS
Division 1 Petitions
57. Petitions
(1) A person may lodge a petition with a
council by presenting it to a councillor or
the general manager.
(2) A person lodging a petition is to ensure
that the petition contains
(a) a clear and concise statement
identifying the subject matter;
and
(b) a heading on each page indicating
the subject matter; and
(c) a brief statement on each page of
the subject matter and the action
requested; and
(d) a statement specifying the
number of signatories; and
(e) the full printed name, address and
signature of the person lodging
the petition at the end of the
petition.
58. Tabling petition
(1) A councillor who has been presented
with a petition is to
54
2005 Local Government Amendment No. s. 46
(a) table the petition at the next
ordinary meeting of the council;
or
(b) forward it to the general manager
within 7 days after receiving it.
(2) A general manager who has been
presented with a petition or receives a
petition under subsection (1)(b) is to
table the petition at the next ordinary
meeting of the council.
(3) A petition is not to be tabled if
(a) it does not comply with
section 57; or
(b) it is defamatory; or
(c) any action it proposes is
unlawful.
(4) The general manager is to advise the
lodger of a petition that is not tabled the
reason for not tabling it within 21 days
after lodgment.
59. Petitions seeking public meetings
(1) A petition under section 57 may request
that a council hold a public meeting
regarding the subject matter of the
petition.
(2) A council must hold a public meeting if
the petition complies with section 57 and
it is signed by whichever is the lesser of
the following:
55
s. 46 No. Local Government Amendment 2005
(a) 5% of the electors in the
municipal area;
(b) 1 000 of those electors.
(3) A petition that requests a public meeting
is not to be made in respect of any matter
relating to rates and charges in Part 9 if
those rates or charges have been made
for the current financial year.
60. Action on petition
(1) The general manager, by notice in
writing to the person who lodged the
petition, is to
(a) advise whether the petition
complies with section 59, if it
seeks a public meeting; and
(b) give reasonable notice of when
the council is to consider the
petition.
(2) Within 42 days after the tabling of the
petition
(a) the general manager is to advise
the council at a council meeting
whether the petition complies
with section 59, if applicable; and
(b) the council, at that meeting, is to
determine any action to be taken
in respect of the petition.
(3) If the petition complies with section 59,
or the council otherwise resolves to hold
56
2005 Local Government Amendment No. s. 46
a public meeting regarding the subject
matter of the petition, the council, within
30 days after the meeting referred to in
subsection (2), is to hold a public
meeting to discuss the subject matter of
the petition.
(4) The council is to record in the minutes of
the meeting referred to in
subsection (2)
(a) the subject matter of the petition;
and
(b) the number of signatories to the
petition.
60A. Public meetings and submissions
(1) Before holding a public meeting under
section 59 or section 60(3), a council, in
a notice publicly displayed, must
(a) state the date on which, and the
time and place at which, the
public meeting is to be held; and
(b) state the details of the subject
matter; and
(c) invite written submissions in
relation to the subject matter to be
lodged with the general manager.
(2) A copy of the notice under subsection (1)
is to be
57
s. 46 No. Local Government Amendment 2005
(a) published on at least 2 occasions
in a daily newspaper circulating
in the municipal area; and
(b) sent to the person who lodged the
petition.
(3) A submission must be lodged within 21
days after the first publication of the
notice.
(4) Any submission received is to be
summarised by the general manager in a
document, copies of which are to be
made available to those attending the
public meeting.
(5) The minutes of the next ordinary meeting
of the council following the public
meeting are to record
(a) a summary of any submission
received under this section; and
(b) any decision made at a public
meeting held under this section.
Division 2 Elector polls
60B. Council-initiated elector polls
(1) A council, on its own motion, may hold
an elector poll on any issue the council
determines.
(2) An elector poll under subsection (1) may
be conducted in any manner the council
determines.
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2005 Local Government Amendment No. s. 46
60C. Petition requesting elector poll
(1) A council must hold an elector poll if
(a) a petition requesting the elector
poll is received within 30 days
after a public meeting is held
under section 59 in relation to the
same subject matter as that
contained in the petition
requesting that public meeting;
and
(b) the petition is signed by at least
5% of the electors in the
municipal area or 1 000 of those
electors, whichever is the lesser;
and
(c) the petition complies with
section 57(2).
(2) If
(a) the person who lodged the
petition agrees to an elector poll
being held in conjunction with
the next ordinary election; or
(b) a petition requesting an elector
poll is received within 60 days
before the notice of election for
the next ordinary election
the elector poll may be held in
conjunction with that next ordinary
election.
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s. 46 No. Local Government Amendment 2005
60D. Elector polls
(1) An elector poll under section 60C is to
be
(a) held within 60 days after the
receipt of the petition, except as
provided under section 60C(2);
and
(b) held for the whole municipal
area; and
(c) conducted as determined by the
Electoral Commissioner or any
other person authorised by the
council.
(2) An elector poll held in conjunction with
an election is to be conducted as
determined by the Electoral
Commissioner.
(3) A matter which is the subject of an
elector poll is to be decided by a simple
majority of the formal votes cast.
(4) The general manager is to ensure that the
result of an elector poll is published in a
newspaper circulating in the municipal
area.
(5) A further elector poll on the same issue is
not to be held until after the next
ordinary election.
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2005 Local Government Amendment No. s. 47
60E. Result of elector poll
(1) A council is to discuss the result of an
elector poll at its next ordinary meeting.
(2) The result of an elector poll is not
binding on a council.
Division 3 General public meetings
60F. Public meetings
A council, on its own motion, may hold a
public meeting to discuss any issue the
council determines.
47. Sections 61 and 62 substituted
Sections 61 and 62 of the Principal Act are
repealed and the following sections are
substituted:
61. Appointment of general manager
(1) A council is to appoint a person as
general manager of the council for a term
not exceeding 5 years on terms and
conditions it considers appropriate.
(2) An appointment under subsection (1) is
not to be extended or renewed so as to
exceed 5 years in total unless the council
has reviewed its terms and conditions.
(3) When a vacancy for the position of
general manager occurs or is about to
occur, a council is to notify the vacancy,
and may invite applications for the
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s. 47 No. Local Government Amendment 2005
position, in a daily newspaper circulating
in the municipal area.
(4) Not later than 6 months before the expiry
of the general manager's appointment, a
council may resolve to reappoint the
general manager without seeking
applications for the position.
(5) A reappointment under subsection (4) is
to be treated as if it were an appointment
under subsection (1).
(6) The mayor may appoint a person as
acting general manager until
(a) the appointment of that person as
general manager is confirmed at
the next council meeting; or
(b) the council appoints another
acting general manager.
62. Functions and powers of general manager
(1) The general manager has the following
functions:
(a) to implement the policies, plans
and programs of the council;
(b) to implement the decisions of the
council;
(c) to be responsible for the day-to-
day operations and affairs of the
council;
(d) to provide advice and reports to
the council on the exercise and
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2005 Local Government Amendment No. s. 48
performance of its powers and
functions and any other matter
requested by the council;
(e) to assist the council in the
preparation of the strategic plan,
annual plan, annual report and
assessment of the council's
performance against the plans;
(f) to coordinate proposals for the
development of objectives,
policies and programs for the
consideration of the council;
(g) to liaise with the mayor on the
affairs of the council and the
performance of its functions;
(h) to manage the resources and
assets of the council;
(i) to perform any other function the
council decides.
(2) The general manager may do anything
necessary or convenient to perform his or
her functions under this or any other Act.
48. Section 63 amended (Employees)
Section 63 of the Principal Act is amended by
omitting subsection (2) and substituting the
following subsection:
(2) The general manager is to develop
human resource practices and procedures
in accordance with policies of the council
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s. 49 No. Local Government Amendment 2005
to ensure employees of the council
receive fair and equitable treatment
without discrimination.
49. Section 64 amended (Delegation by general
manager)
Section 64(a) of the Principal Act is amended by
inserting "under this or any other Act," after
"powers".
50. Section 65 amended (Qualified persons)
Section 65 of the Principal Act is amended by
omitting subsections (3) and (4).
51. Section 69 amended (Public inspection of strategic
plan)
Section 69(b) of the Principal Act is amended by
omitting "and the Director of Public Health
each".
52. Section 71 substituted
Section 71 of the Principal Act is repealed and
the following section is substituted:
71. Annual plan
(1) A council is to prepare an annual plan for
the municipal area for each financial
year.
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2005 Local Government Amendment No. s. 53
(2) An annual plan is to
(a) be consistent with the strategic
plan; and
(b) include a statement of the manner
in which the council is to meet
the goals and objectives of the
strategic plan; and
(c) include a summary of the
estimates adopted under
section 82; and
(d) include a summary of the major
strategies to be used in relation to
the council's public health goals
and objectives.
(3) As soon as practicable after a council
adopts an annual plan, the general
manager is to
(a) make a copy of the annual plan
available for public inspection at
the public office during ordinary
business hours; and
(b) provide the Director and the
Director of Public Health with a
copy of the annual plan.
53. Section 72 amended (Annual report)
Section 72 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)(a)
"operational" and substituting "annual";
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s. 53 No. Local Government Amendment 2005
(b) by omitting paragraph (ca) from
subsection (1) and substituting the
following paragraphs:
(ca) a statement of the activities and
performance of the council in
relation to any activity
undertaken pursuant to section 21
as compared with its objectives
for the preceding financial year;
(cb) a statement of the total
allowances and expenses paid to
the mayor, deputy mayor and
councillors;
(cc) a statement detailing the
attendance of each councillor at
meetings of the council or any
council committee during the
preceding financial year;
(cd) a statement in accordance with
subsection (4) relating to the total
annual remuneration paid to
employees of the council who
hold positions designated by the
council as being senior positions;
(c) by inserting the following paragraph after
paragraph (d) in subsection (1):
(da) a statement specifying details of
any land donated by the council
under section 177, including the
name of the recipient, the reasons
for the donation and the value of
the land;
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2005 Local Government Amendment No. s. 53
(d) by inserting the following subsections
after subsection (3):
(4) A statement under
subsection (1)(cd) is to list the
number of employees in groups
according to the total annual
remuneration as specified in
subsection (5) where each group
has a maximum of $20 000
between the highest and lowest
total annual remuneration.
(5) The total annual remuneration of
an employee means the total of
the following for the financial
year:
(a) the salary payable to the
employee;
(b) the amount of employer
contribution to the
employee's
superannuation;
(c) the value of the use of any
motor vehicle provided to
the employee;
(d) the value of any other
allowances or benefits
paid or payable to, or
provided for the benefit
of, the employee.
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54. Section 72A inserted
After section 72 of the Principal Act, the
following section is inserted in Division 2:
72A. GST dispute statement
A council is to provide a statement to the
Treasurer containing details of any
dispute that the council may have had
with the Australian Taxation Office
during the financial year relating to
compliance with the GST law in
accordance with the National Taxation
Reform (Commonwealth-State Relations)
Act 1999.
55. Part 7, Division 3 inserted
After section 72A of the Principal Act, the
following Division is inserted in Part 7:
Division 3 Annual General Meeting
72B. Annual General Meeting
(1) A council must hold an Annual General
Meeting on a date that
(a) is not later than 15 December in
each year; and
(b) is not before 14 days after the
date of the first publication of a
notice under subsection (2).
(2) A council must publish a notice on at
least 2 separate occasions in a daily
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2005 Local Government Amendment No. s. 55
newspaper circulating in the municipal
area or other prescribed newspaper
specifying the date, time and place of the
Annual General Meeting.
(3) If a quorum of the council is not
present
(a) the Annual General Meeting is to
be reconvened and held within 14
days; and
(b) a notice is to be published in a
daily newspaper circulating in the
municipal area or other
prescribed newspaper specifying
the date, time and place of the
Annual General Meeting.
(4) Only electors in the municipal area are
entitled to vote at an Annual General
Meeting.
(5) A motion at an Annual General Meeting
is passed by a majority of votes taken by
a show of hands or by any other means of
ascertaining the vote the council
determines.
(6) A motion passed at an Annual General
Meeting is to be considered at the next
meeting of the council.
(7) The general manager is to keep minutes
of the Annual General Meeting.
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56. Section 74 amended (Expenditure)
Section 74 of the Principal Act is amended by
omitting "prepared" and substituting "adopted".
57. Section 77 amended (Grants and benefits)
Section 77 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "benefit"
and substituting "pecuniary benefit or a
non-pecuniary benefit";
(b) by inserting the following subsection
after subsection (1):
(1A) A benefit provided under
subsection (1) may include
(a) in-kind assistance; and
(b) fully or partially reduced
fees, rates or charges; and
(c) remission of rates or
charges under Part 9.
58. Section 82 amended (Estimates)
Section 82 of the Principal Act is amended by
inserting after subsection (5) the following
subsections:
(6) A council, by absolute majority, may
authorise the general manager to make
minor adjustments up to specified
amounts to individual items within any
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2005 Local Government Amendment No. s. 59
estimate referred to in subsection (2) so
long as the total amount of the estimate is
not altered.
(7) The general manager is to report any
adjustment and an explanation of the
adjustment at the first ordinary meeting
of the council following the adjustment.
59. Section 84 amended (Financial statements)
Section 84 of the Principal Act is amended as
follows:
(a) by omitting paragraph (a) from
subsection (2) and substituting the
following paragraph:
(a) comply with applicable
Australian Accounting Standards
and Urgent Issues Group
Abstracts approved by the
Australian Accounting Standards
Board; and
(b) by omitting the definition of "Australian
Accounting Standards" from subsection
(5).
60. Section 86 amended (Interpretation of Part 9)
Section 86 of the Principal Act is amended as
follows:
(a) by inserting the following paragraph after
paragraph (a) in the definition of "rate":
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s. 61 No. Local Government Amendment 2005
(ab) for the purposes of Divisions 9,
10 and 11, a volumetric charge;
and
(b) by inserting the following definition after
the definition of "service rate":
"strata scheme" means a strata
scheme as defined in the Strata
Titles Act 1998;
61. Section 89A amended (Values under Valuation of
Land Act 2001 to be used as basis of rates)
Section 89A of the Principal Act is amended as
follows:
(a) by omitting from subsection (3)(b)(ii)
"commencement of the next following
period" and substituting "date of the
event";
(b) by inserting the following subsection
after subsection (4):
(4A) Where fresh valuations are made
under section 18(1) of the
Valuation of Land Act 2001 as a
result of a subdivision, the
general manager may apportion
any unpaid rates or charges, or
penalties imposed or interest
charged, under section 128 in
proportion to the fresh valuations
on the land now subdivided.
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2005 Local Government Amendment No. s. 62
62. Section 93 amended (Service rate)
Section 93 of the Principal Act is amended as
follows:
(a) by omitting from subsection (4) "Crown
land" and substituting "land owned by
the Crown";
(b) by omitting subsection (5).
63. Section 93A inserted
After section 93 of the Principal Act, the
following section is inserted in Division 3:
93A. Service rate for fire protection
(1) A council may make a service rate or
several service rates in respect of the fire
service contributions it must collect
under the Fire Service Act 1979.
(2) A service rate or service rates made
under subsection (1) must be for the
contribution specified in a notice issued
under section 81B of the Fire Service Act
1979.
64. Section 94 amended (Service charge)
Section 94 of the Principal Act is amended as
follows:
(a) by omitting subsection (2);
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s. 65 No. Local Government Amendment 2005
(b) by omitting from subsection (4) "Crown
land" and substituting "land owned by
the Crown";
(c) by omitting subsection (5).
65. Section 94A inserted
After section 94 of the Principal Act, the
following section is inserted in Division 3:
94A. Volumetric charge
(1) A council, when making a general rate,
may make a volumetric charge in respect
of the volume of water supplied.
(2) A volumetric charge may be in
accordance with a scale of charges.
(3) A volumetric charge that is made before
1 July in any year applies from the first
reading of the water meter that occurs on
or after 1 July in that year.
(4) A volumetric charge that is made on or
after 1 July in any year applies on and
after the first reading of the water meter
after the date on which it is made.
(5) If a volumetric charge is made in respect
of water supplied to
(a) a strata scheme that does not have
a water meter for each ratepayer;
or
(b) common property of a strata
scheme
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2005 Local Government Amendment No. s. 66
the general manager, with the written
agreement of the body corporate of the
strata scheme, may apportion the
volumetric charge to each ratepayer as
specified in the agreement.
(6) If there is no agreement under
subsection (5), the general manager may
determine the portion of the volumetric
charge payable by each ratepayer.
66. Section 95 amended (General provisions)
Section 95 of the Principal Act is amended as
follows:
(a) by inserting the following subsection
after subsection (3):
(3A) A council may determine that a
service rate or service charge in
relation to water supply or
sewage removal applies to land
not referred to in subsections (2)
or (3) if the service is provided
through a connection to a pipe,
sewer or drain that is not owned
by the council.
(b) by inserting in subsection (4) "or the
volumetric charge in respect of the
volume of water supplied" after "for the
supply of water";
(c) by omitting from subsection (4)(a) "a
council" and substituting "the general
manager";
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s. 67 No. Local Government Amendment 2005
(d) by omitting from subsection (5) "A
council" and substituting "The general
manager";
(e) by inserting the following subsections
after subsection (5):
(6) The general manager must
remove the restriction of the
supply of water as soon as
practicable if
(a) all outstanding rates or
charges in relation to
water are paid; and
(b) an appropriate fee is paid.
(7) A council may recover from a
council in another municipal area,
with that other council's
agreement, any costs incurred by
it for any service specified in
section 93(1) that it provides in
that municipal area.
67. Part 9, Division 5: Heading amended
Division 5 of Part 9 of the Principal Act is
amended by inserting in the heading to that
Division "and charges" after "rates".
68. Section 100 amended (Separate rate or charge)
Section 100 of the Principal Act is amended as
follows:
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2005 Local Government Amendment No. s. 68
(a) by inserting in subsection (1) "or
separate charge" after "rate";
(b) by inserting in subsection (2) "or
separate charge" after "rate";
(c) by inserting in subsection (2)(a) "or
charges" after "rates";
(d) by inserting in subsection (3) "or
separate charge" after "rate";
(e) by inserting the following subsection
after subsection (3):
(3A) A separate rate or separate charge
applies from
(a) a date specified by the
council that is after the
date on which it is made;
or
(b) a date specified by the
council that is before the
date on which it is made if
that date is stated in the
notification referred to in
section 101(2); or
(c) if a date is not specified,
the date on which it is
made.
(f) by inserting in subsection (4) "or
separate charge" after "separate rate";
(g) by inserting in subsection (5) "or
separate charge" after "rate";
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s. 69 No. Local Government Amendment 2005
(h) by omitting from subsection (6) "is not
continued for a particular financial year,
the rate" and substituting "or separate
charge is not continued for a particular
financial year, the separate rate or
separate charge";
(i) by inserting in subsection (7) "or
separate charge" after "A separate rate";
(j) by omitting from subsection (7)(a) "rate"
and substituting "separate rate or separate
charge";
(k) by omitting from subsection (7)(b) "rate"
and substituting "separate rate or separate
charge";
(l) by inserting in subsection (8) "or
separate charge" after "separate rate".
69. Section 101 amended (Intention to make separate
rate or charge)
Section 101 of the Principal Act is amended as
follows:
(a) by inserting in subsection (1) "or
separate charge" after "makes a separate
rate";
(b) by inserting in subsection (1)(a) "or
separate charge" after "rate";
(c) by inserting in subsection (1)(b) "or
separate charge" after "rate";
(d) by inserting in subsection (2)(a) "or
separate charge" after "rate";
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2005 Local Government Amendment No. s. 70
(e) by inserting in subsection (2)(b) "or
separate charge" after "rate";
(f) by inserting in subsection (2)(c) "or
separate charge" after "rate";
(g) by inserting the following paragraph after
paragraph (c) in subsection (2):
(ca) state the date from which the
separate rate or separate charge is
to apply if that date is before the
date on which it is made; and
(h) by inserting in subsection (2)(d) "or
separate charge" after "rate";
(i) by inserting in subsection (3) "or
separate charge" after "rate".
70. Section 102 amended (Submissions)
Section 102 of the Principal Act is amended as
follows:
(a) by inserting "or separate charge" after
"rate";
(b) by omitting paragraph (ab);
(c) by omitting from paragraph (b) "council"
and substituting "general manager".
71. Section 103 amended (Petitions)
Section 103(1) of the Principal Act is amended
by omitting "may present a petition in the
prescribed form" and substituting "or separate
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s. 72 No. Local Government Amendment 2005
charge may lodge a petition in accordance with
section 57".
72. Section 104 amended (Consideration by council)
Section 104 of the Principal Act is amended as
follows:
(a) by inserting in paragraph (a) "or separate
charge" after "rate";
(b) by inserting in paragraph (b) "or separate
charge" after "rate";
(c) by inserting in paragraph (c) "or separate
charge" after "rate";
(d) by inserting in paragraph (d) "or separate
charge" after "rate".
73. Section 105 amended (Separate rate or charge for
same purpose)
Section 105 of the Principal Act is amended as
follows:
(a) by inserting "or separate charge" after
"make a separate rate";
(b) by inserting "or separate charge" after
"of a separate rate";
(c) by inserting "or separate charge" after
"previous separate rate".
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2005 Local Government Amendment No. s. 74
74. Section 105A amended (Review of separate rate or
charge)
Section 105A of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "is to
include an assessment of the particular
benefit of the rate" and substituting "or
separate charge is to include an
assessment of the particular benefit of the
separate rate or separate charge";
(b) by inserting in subsection (4) "or
separate charge" after "rate".
75. Section 105B amended (Adjustment of separate rate
or charge)
Section 105B of the Principal Act is amended by
omitting "applies for more than one financial
year, the council may adjust the rate" and
substituting "or separate charge applies for more
than one financial year, a council may adjust the
separate rate or separate charge".
76. Section 106 amended (Refund of separate rate or
charge)
Section 106 of the Principal Act is amended as
follows:
(a) by inserting in subsection (1) "or
separate charge" after "a separate rate";
(b) by inserting in subsection (1)(a) "or
separate charge" after "rate";
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s. 77 No. Local Government Amendment 2005
(c) by inserting in subsection (3) "or charge"
after "rate".
77. Section 106A amended (Exemptions and variations)
Section 106A(1) of the Principal Act is amended
as follows:
(a) by inserting in paragraph (a) "or separate
charge" after "rate";
(b) by inserting in paragraph (b) "or separate
charge" after "rate".
78. Section 107 amended (Variation in rates)
Section 107 of the Principal Act is amended as
follows:
(a) by inserting in subsection (1) "within the
municipal area or" after "varies";
(b) by inserting the following paragraph after
paragraph (b) in subsection (1):
(ba) the existence or non-existence of
a water meter on the land or
common land;
(c) by omitting from subsection (1)(e)
"factor approved by the Minister" and
substituting "prescribed factor";
(d) by omitting paragraph (a) from
subsection (2) and substituting the
following paragraphs:
(a) residential purposes;
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2005 Local Government Amendment No. s. 79
(ab) commercial purposes;
(ac) industrial purposes;
(e) by omitting paragraph (e) from
subsection (2) and substituting the
following paragraph:
(e) quarrying or mining.
79. Section 112 amended (Interpretation of Division 8)
Section 112 of the Principal Act is amended as
follows:
(a) by omitting the definition of "de facto
spouse";
(b) by omitting "de facto spouse" from
paragraph (a) of the definition of
"member of an owner's family" and
substituting "partner";
(c) by omitting "de facto spouse" from
paragraph (b) of the definition of
"member of an owner's family" and
substituting "partner".
80. Section 120 amended (Liability for rates)
Section 120 of the Principal Act is amended as
follows:
(a) by omitting subsections (1) and (2) and
substituting the following subsections:
(1) Subject to subsection (2), an
owner of land, including the
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s. 80 No. Local Government Amendment 2005
Crown, is a ratepayer and is liable
for the payment of rates in
relation to that land.
(2) An occupier of land may enter
into a written agreement with the
owner to be the ratepayer in
respect of that land for specified
rates.
(b) by omitting from subsection (3)
"decides" and substituting "enters into an
agreement under subsection (2)";
(c) by inserting the following subsection
after subsection (3):
(3A) In the case of land owned by the
Crown, the Crown is to notify the
general manager that the occupier
of that land has entered into an
agreement under subsection (2).
(d) by inserting in subsection (4) "or
volumetric charge notice" after "notice";
(e) by inserting in subsection (5) "specified
in a rates notice" after "which rates";
(f) by inserting the following subsection
after subsection (5):
(6) The date by which a volumetric
charge is due to be paid must not
be within 30 days of the date of
issue of the volumetric charge
notice.
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2005 Local Government Amendment No. s. 81
81. Section 121 amended (Change in ownership or
occupancy of land)
Section 121 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "owner
of land that is sold, disposed of or
compulsorily acquired is to give notice in
writing to the Recorder of Titles" and
substituting "purchaser of land or any
other person to whom land is transferred
must give notice in writing to the
Recorder of Titles within 3 months of the
purchase or transfer";
(b) by omitting paragraph (a) from
subsection (1) and substituting the
following paragraph:
(a) the fact of the purchase or
transfer;
(c) by inserting the following subsection
after subsection (1):
(1A) If land is compulsorily acquired
under or for the purpose of any
Act, the authority acquiring the
land must give notice of that
acquisition in writing to the
Recorder of Titles within 3
months of the acquisition.
(d) by omitting from subsection (2B)(b)
"sale" and substituting "purchase".
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s. 82 No. Local Government Amendment 2005
82. Section 122 substituted
Section 122 of the Principal Act is repealed and
the following section is substituted:
122. Rates notice
(1) The general manager is to send to each
ratepayer a notice relating to all rates,
other than a volumetric charge, stating
the following:
(a) the land in respect of which the
rates are payable;
(b) the rates payable by that
ratepayer;
(c) the basis on which the rates
payable are calculated;
(d) any factor by which the rates are
varied;
(e) the period for which the rates are
payable;
(f) the date by which the rates are
due to be paid;
(g) the place or places where the
rates may be paid;
(h) the date on which the notice is
issued;
(i) whether the rates may be paid in
one sum or by instalments;
(j) the date or dates on which
instalments are to be paid;
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2005 Local Government Amendment No. s. 83
(k) any rebate payable for early
payment;
(l) if interest is payable on unpaid
rates, the rate at which it is
payable;
(m) if a penalty is payable if rates are
not paid by the due date, the
percentage rate applicable to such
a penalty;
(n) if a minimum amount is payable,
that minimum amount.
(2) The general manager may include the
information required under
subsection (1)(c) and (d) in a document
attached to the rates notice if
(a) the general manager determines
that it is impracticable to include
it in the rates notice; and
(b) the rates notice states that fact.
83. Section 123 amended (Objections to rates notice)
Section 123 of the Principal Act is amended by
omitting subsections (3), (4) and (5) and
substituting the following subsections:
(3) The general manager may
(a) amend the rates notice as the
general manager considers
appropriate; or
(b) refuse to amend the rates notice.
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s. 84 No. Local Government Amendment 2005
(4) A person may appeal to the Magistrates
Court (Administrative Appeals Division)
for a review if the general manager
(a) fails to amend the rates notice
within 30 days after lodging the
objection; or
(b) refuses to amend the rates notice.
84. Section 123A inserted
After section 123 of the Principal Act, the
following section is inserted in Division 9:
123A. Volumetric charge notice
(1) The general manager is to send a
volumetric charge notice to each
ratepayer who is liable to pay a
volumetric charge.
(2) A volumetric charge notice is to state the
following:
(a) the identification details of the
land or common land in respect
of which the volumetric charge is
payable;
(b) the volumetric charge payable by
the ratepayer;
(c) the basis on which the volumetric
charge is calculated;
(d) the scale of charges that apply;
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2005 Local Government Amendment No. s. 85
(e) the period for which the
volumetric charge is payable;
(f) the date by which the volumetric
charge is due to be paid;
(g) the place or places where the
volumetric charge may be paid;
(h) the date on which the volumetric
charge notice is issued;
(i) if interest is payable on any
unpaid volumetric charge, the
rate at which it is payable;
(j) if a penalty is payable for the
non-payment of the volumetric
charge by the due date, the
percentage rate applied to that
penalty.
(3) A volumetric charge notice may be
(a) incorporated into a rates notice;
or
(b) issued as a separate notice.
85. Section 124 amended (Instalment payments)
Section 124(5) of the Principal Act is amended
by inserting "for the financial year" after
"owing".
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86. Section 132 amended (Certificate of liabilities)
Section 132 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "a
council" and substituting "the general
manager";
(b) by omitting from subsection (3)(a) "in a
form approved by the Minister";
(c) by omitting from subsection (3)(d)
"manager; and" and substituting
"manager.";
(d) by omitting paragraph (e) from
subsection (3);
(e) by omitting from subsection (4)
"council" and substituting "the general
manager";
(f) by inserting the following subsection
after subsection (6):
(7) A prescribed fee is payable in
respect of the issue of a
certificate.
87. Section 133 amended (Recovery of rates)
Section 133 of the Principal Act is amended by
inserting after subsection (2) the following
subsection:
(2A) An action for recovery of any debts may
include debts relating to any land owned
in the municipal area by the ratepayer.
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2005 Local Government Amendment No. s. 88
88. Section 137 amended (Sale of land for unpaid rates)
Section 137 of the Principal Act is amended as
follows:
(a) by omitting from subsection (3) "it" and
substituting "the general manager";
(b) by omitting from subsection (4)
"council" and substituting "general
manager";
(c) by omitting from subsection (5) "council
is to cause a copy of the notice" and
substituting "general manager is to cause
the details of the notice as specified in
subsection (5A)";
(d) by inserting the following subsection
after subsection (5):
(5A) A notice referred to in
subsection (5) is to specify
(a) the land or lands to which
the notice relates; and
(b) the owner or owners of
the land or lands; and
(c) the matters referred to in
subsection (3).
(e) by omitting from subsection (6) "A
council" and substituting "The general
manager";
(f) by omitting from subsection (6) "the
council" and substituting "the general
manager";
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s. 89 No. Local Government Amendment 2005
(g) by omitting from subsection (7)(b)
"council" and substituting "general
manager";
(h) by inserting the following subsection
after subsection (7):
(7A) If the ratepayer pays the
outstanding amount within 90
days, the council may recover any
costs incurred by it under this
Division in relation to the matter
as a debt owed to it under this
Part.
89. Section 139 amended (Application of money from
sale)
Section 139(f) of the Principal Act is amended
by omitting "with 12 months" and substituting
"within 3 years".
90. Section 139A inserted
After section 139 of the Principal Act, the
following section is inserted in Division 11:
139A. Register of money
(1) The general manager is to keep a register
of any money remaining after payments
and discharges are made under
section 139.
(2) The register is to include details of the
previous owner of the land.
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2005 Local Government Amendment No. s. 91
(3) The general manager is to cause
prescribed details of the register in
respect of prescribed amounts to be
published at least once a year in a daily
newspaper circulating in the municipal
area.
(4) Any money received by a council from
the sale of land that is not claimed by the
owner of the land within 3 years of the
sale vests in the council.
91. Part 9A inserted
After section 140 of the Principal Act, the
following Part is inserted:
PART 9A WATER METERS
Division 1 Installation, reading and testing of water meters
140A. Installation and replacement of water meter
(1) A council may install a water meter at
any time or at the request of a ratepayer.
(2) A council may replace an existing water
meter.
(3) A council is not to install a water meter
contrary to any requirements of the
National Measurement Act 1960 of the
Commonwealth.
(4) A council may charge for the cost of
(a) a water meter; and
(b) installing a water meter.
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(5) A ratepayer is not entitled to charge the
council any rent or charge in relation to a
water meter installed by the council.
140B. Ownership of water meter
(1) A council is the owner of a water meter
installed for the purpose of this Part.
(2) A person does not acquire any interest in
a water meter
(a) on the sale of land on which the
water meter is installed; or
(b) as a result of bankruptcy or other
legal proceedings against the
owner of the land.
140C. Responsibilities relating to water meters
(1) A council is to maintain a water meter to
ensure it is accurate and in a working
condition.
(2) A council is to implement a compliance
program to assess whether water meters
are accurate and in working order.
(3) Any measurement taken as part of a
compliance program must be in
accordance with the requirements of the
National Measurement Act 1960 of the
Commonwealth.
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2005 Local Government Amendment No. s. 91
(4) A ratepayer is to take reasonable
measures to ensure that a water meter
owned by the council is
(a) protected from possible damage,
interference or obstruction; and
(b) accessible to enable the water
meter to be read or maintained.
140D. Reading of water meter
(1) An initial reading of a water meter is to
be taken at the start of the first period
during which a volumetric charge
applies.
(2) Any subsequent reading of a water meter
is the first reading for the next volumetric
charge period.
(3) The general manager is to ensure that a
water meter is read at least twice during a
12-month period during which a
volumetric charge applies, excluding the
initial reading.
(4) If a breakage or malfunction occurs in
the water meter or the water meter is
replaced, a new reading is to be taken to
start the next volumetric charge period.
(5) The result of the reading of a water meter
is evidence of the volume of water
supplied, except if the water meter is
found, on testing, to be inaccurate under
section 140E.
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s. 91 No. Local Government Amendment 2005
140E. Testing of water meters
(1) If a ratepayer is dissatisfied with the
accuracy of a water meter, the ratepayer
may request that the water meter be
tested.
(2) A request under subsection (1) must be in
writing and accompanied by a deposit as
required by the council.
(3) On receipt of a request and deposit, the
general manager is to arrange for a test to
be carried out, and if so requested, in the
presence of the ratepayer or a person
authorised by the ratepayer to be present.
(4) A water meter is taken to be accurate if,
on testing, it is found to register the
volume of water with an error margin as
specified in the National Measurement
Regulations 1999 of the Commonwealth.
(5) If, on testing, a water meter is found to
be inaccurate in over-reading
(a) any deposit paid is to be refunded
to the ratepayer; and
(b) the payment for the volume of
water supplied during the
volumetric charge period is to be
adjusted downwards based on the
percentage error of the meter as
identified by testing.
(6) If, on testing, a water meter is found to
be inaccurate in under-reading
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2005 Local Government Amendment No. s. 91
(a) the charge for the volume of
water supplied during the
volumetric charge period in
which the ratepayer made a
request under subsection (1) is to
be adjusted upwards based on the
percentage error of the meter; and
(b) any deposit paid is to be forfeited.
(7) If, on testing, a water meter is found to
be accurate
(a) the ratepayer is liable for the total
cost of any tests carried out less
any deposit paid; and
(b) the costs are a charge on the land.
(8) Any testing of a water meter under this
Part is to be in accordance with
(a) the National Measurement
Regulations 1999 of the
Commonwealth; and
(b) Australian Standard AS 3565-
2004 Meters for Water Supply.
140F. Estimating supply
If a water meter has been determined by
testing to have malfunctioned or to have
been so damaged that it cannot measure
the flow of water or it cannot be read for
any other reason, a council may use one
of the following methods to estimate
volumetric supply:
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s. 91 No. Local Government Amendment 2005
(a) an estimation of supply based on
the corresponding or closest
corresponding volumetric charge
periods in the previous year;
(b) an estimation of supply as the
average cost for a sample of not
less than 5 properties in a similar
class to the affected property
based on the corresponding or
similar volumetric charge period.
140G. Relocation or adjustment of connection
(1) A ratepayer, by written notice to the
general manager, may request that
(a) the connection to the council's
water system be relocated from
one point to another point; or
(b) the size of the connection be
adjusted.
(2) A notice under subsection (1)(a) is to
specify the proposed new point of
relocation.
(3) The general manager, within 30 days of
receipt of the notice, is to assess if it is
practicable to relocate the connection to
its water system as proposed or adjust it.
(4) If it is practicable to relocate or adjust the
connection, the general manager must
arrange for it to be relocated or adjusted.
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2005 Local Government Amendment No. s. 91
(5) The cost of relocating or adjusting the
connection to the water system is to be
met by the ratepayer.
Division 2 General powers of authorised persons
140H. Entry
(1) An authorised person, together with any
agent, may enter land to
(a) read, or check the accuracy of, a
water meter; and
(b) install, repair or replace a water
meter or an adjoining pipework;
and
(c) examine any water system.
(2) An authorised person may only exercise
the power of entry at a reasonable time,
unless the general manager determines
that an emergency exists.
(3) If entry is refused or obstructed, the
general manager, by notice in writing to
the owner of the land, may request entry
stating the reason, date and time of
proposed entry.
(4) If entry is refused again, the general
manager may
(a) restrict the water supply if it is
possible to do so without entering
the place; or
(b) if it is not possible to restrict the
water supply without entering the
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s. 91 No. Local Government Amendment 2005
place, seek a warrant to enter to
restrict the water supply.
(5) The general manager must remove the
restriction to the water supply if
(a) the owner or occupier consents to
the entry and pays an appropriate
fee; and
(b) it is safe to enter.
Division 3 Offences
140I. Interference with water system
A person, without lawful authority, must
not
(a) connect a pipe or other thing to a
council's water system; or
(b) connect, disconnect or otherwise
interfere with the supply of water
from the council's water system;
or
(c) interfere with a water meter.
Penalty: In the case of
(a) a body corporate, a fine
not exceeding 50 penalty
units; or
(b) an individual, a fine not
exceeding 20 penalty
units.
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2005 Local Government Amendment No. s. 91
140J. Diversion of water
(1) A person, without lawful authority, must
not
(a) take or divert water from a water
system; or
(b) install a device to bypass a water
meter.
Penalty: In the case of
(a) a body corporate, a fine
not exceeding 500 penalty
units; or
(b) an individual, a fine not
exceeding 100 penalty
units.
(2) In any proceedings under this provision,
the following is evidence of the unlawful
taking or diversion of water:
(a) the finding of a device or
connection that would have
enabled the unlawful taking or
diversion of water;
(b) the tampering with the water
meter by the defendant or
someone acting with the authority
of the defendant.
Penalty: In the case of
(a) a body corporate, a fine
not exceeding 500 penalty
units; or
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s. 91 No. Local Government Amendment 2005
(b) an individual, a fine not
exceeding 100 penalty
units.
140K. Obstruction
A person, without reasonable excuse,
must not obstruct an authorised officer or
his or her agent in performing any
function or exercising any power under
this Part.
Penalty: Fine not exceeding 20 penalty
units.
140L. Damage or destruction or removal of water
meter
A person, without lawful authority, must
not
(a) cause damage to, or destroy a
water meter; or
(b) remove a water meter.
Penalty: In the case of
(a) a body corporate, a fine
not exceeding 50 penalty
units; or
(b) an individual, a fine not
exceeding 20 penalty
units.
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2005 Local Government Amendment No. s. 92
140M. Order for costs
A court, in addition to imposing a
penalty for an offence under
section 140I, 140J, 140K or 140L, may
make an order for costs in respect of any
damage caused as a result of that offence.
92. Section 150 amended (Restrictions on making of by-
laws)
Section 150(1) of the Principal Act is amended
by omitting paragraph (c).
93. Section 153 substituted
Section 153 of the Principal Act is repealed and
the following section is substituted:
153. Publication of by-laws
(1) A council must cause a by-law to be
published in the Gazette.
(2) A by-law that is not published in the
Gazette is of no effect.
94. Section 155 amended (Expiry of by-laws)
Section 155 of the Principal Act is amended by
omitting "8 years" and substituting "10 years".
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s. 95 No. Local Government Amendment 2005
95. Section 156A amended (Regulatory impact
statement)
Section 156A of the Principal Act is amended as
follows:
(a) by inserting in subsection (2)(a) "and the
means by which the by-law is intended to
achieve them" after "by-law";
(b) by inserting in subsection (2)(g)
"proposed" after "the";
(c) by inserting in subsection (6) "to the
council" after "issue";
(d) by omitting from subsection (6)(a) "and
proposed by-law are" and substituting
"is".
96. Section 157 amended (Notice of proposed by-law)
Section 157 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "A
council which has resolved to make a by-
law" and substituting "On receipt of a
certificate issued under section 156A(6),
the general manager";
(b) by inserting the following subsection
after subsection (1):
(1A) The notice must state the
prescribed matters.
(c) by omitting subsection (3).
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2005 Local Government Amendment No. s. 97
97. Section 160 amended (Alterations to proposed by-
law)
Section 160 of the Principal Act is amended as
follows:
(a) by omitting "amend" and substituting
"alter";
(b) by omitting from paragraph (b)
"amendment substantially changes the
purpose or effect" and substituting
"alteration substantially changes the
purpose, or the effect on the public,".
98. Sections 161, 162, 163 and 164 substituted
Sections 161, 162, 163 and 164 of the Principal
Act are repealed and the following sections are
substituted:
161. Making by-laws
A council may only make a by-law under
its common seal.
162. Certification of by-law
(1) A by-law made by a council is to be
certified by
(a) a legal practitioner that its
provisions are in accordance with
the law; and
(b) the general manager of the
council that it is made in
accordance with this Act.
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s. 99 No. Local Government Amendment 2005
(2) A by-law that is not certified in
accordance with subsection (1) is of no
effect.
163. Commencement of by-law
A by-law commences
(a) on the day on which it is
published in the Gazette; or
(b) on a later day specified in the by-
law.
164. By-law to Director
A council is to forward to the Director
(a) a sealed copy of the by-law; and
(b) the certification under section
162; and
(c) a statement explaining
(i) the purpose and effect of
the by-law; and
(ii) the outcomes of public
consultations in respect of
the by-law.
99. Section 166 amended (Copies of by-laws)
Section 166(1) of the Principal Act is amended
as follows:
(a) by omitting "A council is to keep a
sealed and confirmed" and substituting
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2005 Local Government Amendment No. s. 100
"The general manager is to keep a
sealed";
(b) by inserting "inspection or" after "for".
100. Section 175 amended (Purchase or lease of land)
Section 175 of the Principal Act is amended by
inserting "or lease" after "purchase".
101. Section 177 amended (Sale and disposal of land)
Section 177 of the Principal Act is amended as
follows:
(a) by omitting from subsection (5) "or
exchange" and substituting ", donation,
exchange or other disposal";
(b) by inserting the following subsection
after subsection (5):
(6) A decision by a council under this
section must be made by absolute
majority.
102. Section 177A inserted
After section 177 of the Principal Act, the
following section is inserted in Division 1:
177A. Public land
(1) The following land owned by a council is
public land:
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s. 102 No. Local Government Amendment 2005
(a) a public pier or public jetty;
(b) any land that provides health,
recreation, amusement or sporting
facilities for public use;
(c) any public park or garden;
(d) any land acquired under
section 176 for the purpose of
establishing or extending public
land;
(e) any land shown on a subdivision
plan as public open space that is
acquired by a council under the
Local Government (Building and
Miscellaneous Provisions) Act
1993;
(f) any other land that the council
determines is public land;
(g) any other prescribed land or class
of land.
(2) The general manager is to
(a) keep lists or maps of all public
land within the municipal area;
and
(b) make the lists and maps available
for public inspection at any time
during normal business hours.
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2005 Local Government Amendment No. s. 103
103. Section 178 amended (Sale, exchange and disposal
of public land)
Section 178 of the Principal Act is amended as
follows:
(a) by omitting subsection (2) and
substituting the following subsection:
(2) Public land that is leased for any
period by a council remains
public land during that period.
(b) by inserting in subsection (3) ", lease,
donate, exchange or otherwise dispose
of" after "sell";
(c) by omitting from subsection (4) "the
council" first occurring and substituting
"the general manager";
(d) by omitting from subsection (4)(a) "its"
and substituting "that";
(e) by inserting the following paragraph after
paragraph (a) in subsection (4):
(ab) display a copy of the notice on
any boundary of the public land
that abuts a highway; and
(f) by omitting from subsection (4)(b)
"council" and substituting "general
manager";
(g) by omitting subsections (5), (6), (7) and
(8) and substituting the following
subsections:
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s. 103 No. Local Government Amendment 2005
(5) If the general manager does not
receive any objection under
subsection (4) and an appeal is
not made under section 178A, the
council may sell, lease, donate,
exchange or otherwise dispose of
public land in accordance with its
intention as published under
subsection (4).
(6) The council must
(a) consider any objection
lodged; and
(b) by notice in writing
within 7 days after
making a decision to take
or not to take any action
under this section, advise
any person who lodged an
objection of
(i) that decision; and
(ii) the right to appeal
against that
decision under
section 178A.
(7) The council must not decide to
take any action under this section
if
(a) any objection lodged
under this section is being
considered; or
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2005 Local Government Amendment No. s. 104
(b) an appeal made under
section 178A has not yet
been determined; or
(c) the Appeal Tribunal has
made a determination
under section 178B(b) or
(c).
104. Sections 178A and 178B inserted
After section 178 of the Principal Act, the
following sections are inserted in Division 1:
178A. Appeal
(1) Any person who lodged an objection
under section 178 may appeal to the
Appeal Tribunal against the decision of a
council under section 178(6) within 14
days after receipt of notice of that
decision under section 178(6)(b).
(2) An appeal must be made in accordance
with the Resource Management and
Planning Appeal Tribunal Act 1993.
(3) An appeal may only be made on the
ground that the decision of the council is
not in the public interest in that
(a) the community may suffer undue
hardship due to the loss of access
to, and the use of, the public land;
or
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s. 105 No. Local Government Amendment 2005
(b) there is no similar facility
available to the users of that
facility.
(4) The Appeal Tribunal is to hear and
determine an appeal in accordance with
the Resource Management and Planning
Appeal Tribunal Act 1993.
(5) The decision of the Appeal Tribunal on
hearing an appeal is final and section 25
of the Resource Management and
Planning Appeal Tribunal Act 1993 does
not apply.
178B. Determination of appeal
In hearing an appeal against a decision of
a council, the Appeal Tribunal may
(a) confirm that decision; or
(b) set aside that decision; or
(c) set aside that decision and
(i) substitute another
decision; or
(ii) remit the matter to the
council for
reconsideration.
105. Section 179 substituted
Section 179 of the Principal Act is repealed and
the following section is substituted:
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2005 Local Government Amendment No. s. 106
179. Lease of public land for less than 5 years
A council may lease public land for a
period not exceeding 5 years without
complying with section 178.
106. Section 180 repealed
Section 180 of the Principal Act is repealed.
107. Section 182 amended (Fencing land)
Section 182 of the Principal Act is amended by
omitting "A council" and substituting "The
general manager".
108. Section 183 amended (Land reinstated)
Section 183 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "A
council" and substituting "The general
manager";
(b) by omitting from subsection (2) "A
council" and substituting "The general
manager".
109. Section 184 repealed
Section 184 of the Principal Act is repealed.
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s. 110 No. Local Government Amendment 2005
110. Section 185 amended (Compliance with notice)
Section 185(4) of the Principal Act is amended
by omitting "it" and substituting "the general
manager".
111. Section 186 substituted
Section 186 of the Principal Act is repealed and
the following section is substituted:
186. Towns
(1) The Minister, at the request of a council
and by order, may
(a) create a town and establish its
boundaries; and
(b) abolish a town; and
(c) alter the boundaries of a town.
(2) The Minister, at the request of a council
and on the recommendation of the
Nomenclature Board constituted under
the Survey Co-ordination Act 1944 and
by order, may
(a) assign a name to a town; or
(b) alter the name of a town.
112. Section 189 amended (Closure of local highways)
Section 189(2) of the Principal Act is amended
by omitting "it" and substituting "the general
manager".
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2005 Local Government Amendment No. s. 113
113. Section 194 amended (Impounding animals)
Section 194 of the Principal Act is amended by
omitting "A council" and substituting "The
general manager".
114. Section 195 amended (Notice of impounding)
Section 195 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"council" and substituting "general
manager";
(b) by omitting from subsection (3)
"council" and substituting "general
manager";
(c) by omitting from subsection (4)
"council" and substituting "general
manager".
115. Section 196 amended (Fees, costs and charges)
Section 196 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "A
council" and substituting "The general
manager";
(b) by omitting from subsection (4) "A
council" and substituting "The general
manager".
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s. 116 No. Local Government Amendment 2005
116. Section 197 amended (Sale or destruction of
unclaimed animals)
Section 197(2) of the Principal Act is amended
as follows:
(a) by omitting "A council" and substituting
"The general manager";
(b) by omitting "its" and substituting "the".
117. Section 198 amended (Destruction of animals)
Section 198 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "A
council" and substituting "The general
manager";
(b) by omitting from subsection (2)
"council" and substituting "general
manager".
118. Section 199 amended (Interpretation of Division 6)
Section 199 of the Principal Act is amended by
omitting "any person" from paragraph (a) of the
definition of "nuisance" and substituting "the
public".
119. Section 200 amended (Abatement notices)
Section 200 of the Principal Act is amended as
follows:
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2005 Local Government Amendment No. s. 119
(a) by omitting from subsection (1) "it" and
substituting "the general manager";
(b) by omitting from subsection (1A) "a
council" and substituting "the general
manager";
(c) by omitting paragraph (e) from
subsection (2) and substituting the
following paragraph:
(e) that the council may take action
under section 201.
(d) by inserting in subsection (3) ", unless
the person lodges an appeal under
subsection (5)" after "the notice";
(e) by omitting from subsection (4) "a
council" and substituting "the general
manager";
(f) by inserting the following subsections
after subsection (4):
(5) A person served with, or
specified in, an abatement notice
may appeal to a magistrate within
14 days after service of the notice
on any one or more of the
following grounds:
(a) that a nuisance does not
exist;
(b) that an action required by
the abatement notice is
unreasonable;
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s. 120 No. Local Government Amendment 2005
(c) that the period stated in
the abatement notice is
unreasonable.
(6) A magistrate may
(a) order that the person is to
comply with the
abatement notice; or
(b) modify the abatement
notice and order that the
person and the council are
to comply with the
modified notice; or
(c) order that the council
withdraw the abatement
notice.
120. Section 201 amended (Council may take necessary
action)
Section 201 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "A
council may itself" and substituting "The
general manager may";
(b) by omitting from subsection (2)
"council" and substituting "general
manager";
(c) by omitting from subsection (2) "it" and
substituting "the general manager";
(d) by omitting from subsection (3) "a
council may" and substituting "the
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2005 Local Government Amendment No. s. 121
general manager may authorise a person
to";
(e) by omitting from subsection (4) "it takes"
and substituting "taken".
121. Section 202 substituted
Section 202 of the Principal Act is repealed and
the following section is substituted:
202. Appeal against council's action
(1) If a council takes action pursuant to
section 201(1)(a) or (b), the owner or
occupier of the land on or from which the
nuisance arises may appeal within 30
days after service of a notice under
section 200 to a magistrate on any one or
more of the following grounds:
(a) that the action was unreasonable
or unnecessary in the
circumstances;
(b) that the danger to any person or
property was not so immediate as
to justify the action.
(2) A magistrate may
(a) uphold the appeal; or
(b) dismiss the appeal.
(3) If a magistrate upholds an appeal, the
magistrate may
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(a) award damages to the person who
appealed for any loss suffered;
and
(b) make an order in respect of any
charges under section 201; and
(c) make an order requiring the
council to undertake specified
works.
122. Section 204 amended (Costs)
Section 204(1)(b) of the Principal Act is
amended by omitting "section 201" and
substituting "section 200 or 201".
123. Section 208 amended (Council map)
Section 208(1) of the Principal Act is amended
as follows:
(a) by omitting "A council" and substituting
"The general manager";
(b) by omitting from paragraph (a) "it" and
substituting "the council";
(c) by omitting from paragraph (c) "known
to it";
(d) by omitting from paragraph (d) "it" and
substituting "the council".
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2005 Local Government Amendment No. s. 124
124. Part 12, Division 9 substituted
Division 9 of Part 12 of the Principal Act is
repealed and the following Part is substituted:
PART 12A LOCAL GOVERNMENT BOARD
Division 1 Local Government Board
210. Local Government Board
(1) The Local Government Board is
established.
(2) The Board consists of
(a) one person nominated by the
Local Government Association of
Tasmania; and
(b) one person nominated by the
Local Government Managers
Australia (Tasmania); and
(c) one person who is the
chairperson; and
(d) one person who has experience in
local government; and
(e) the Director of Local Government
or his or her nominee.
(3) The persons referred to in
subsection (2)(a), (b), (c) and (d) are
appointed by the Minister.
(4) If a nomination under subsection (2) is
not made within 60 days after it is
required to be made by the Minister, the
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Minister may appoint a person without
such a nomination.
(5) If a body referred to in subsection (2)
ceases to exist or changes its name, the
Governor, by order, may amend that
subsection by substituting
(a) the name of a body which the
Governor is satisfied substantially
represents the interests
represented by the body which
has ceased to exist; or
(b) the name of the body as changed.
(6) Schedule 1 has effect with respect to
membership of the Board.
(7) Schedule 2 has effect with respect to
meetings of the Board.
211. Functions and powers of Board
(1) The Board has the following functions:
(a) to carry out reviews;
(b) to advise the Minister on any
other matters the Minister may
determine.
(2) The Board may do anything necessary or
convenient to perform its functions.
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2005 Local Government Amendment No. s. 124
212. Staff
The Board may make arrangements with
the Head of a State Service Agency for
State Service officers and State Service
employees employed in that Agency to
be made available to the Board to enable
it to perform its functions under this Act.
213. Delegation by Board
The Board, in carrying out a review
under section 214, may delegate in
writing to any person any of its functions
relating to that review.
Division 2 Reviews of councils
214. Reviews of council
(1) The Board is to carry out a general
review of a council
(a) at least once every 8 years; or
(b) sooner if the Minister so directs.
(2) The Minister may require the Board to
carry out a specific review relating to one
or more of the matters specified in
section 214A
(a) at any time; or
(b) at the request of a council; or
(c) on a petition proposed in
accordance with section 57(2) of
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at least 20% of the electors in the
municipal area.
(3) Before carrying out a review of a
council, the Board must give the council
at least 30 days' notice of the date on
which the review is to start, unless the
council requests otherwise.
(4) The Board may carry out any review in
respect of more than one council.
214A. Scope of review
Any review may take into account any
one or more of the following matters:
(a) the governance and operations of
a council;
(b) the boundaries of the municipal
area and any electoral district;
(c) the naming of the municipal area,
council and electoral district;
(d) the declaration of a municipal
area or part of a municipal area as
a city;
(e) the naming, or changing of the
name, of a city;
(f) the creation or abolition of a
municipal area or electoral
district;
(g) the division of the municipal area
into electoral districts;
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2005 Local Government Amendment No. s. 124
(h) the combining of 2 or more
municipal areas, parts of 2 or
more municipal areas or 2 or
more electoral districts;
(i) the creation or abolition of
councils;
(j) the election of councillors of a
municipal area;
(k) the total numbers of persons to be
elected as councillors of a
municipal area or in respect of
each electoral district;
(l) any other factor;
(m) any matter referred to it by the
Minister.
214B. Supplementary review
(1) The Board may recommend to the
Minister that a supplementary review of
a council be carried out to follow up on
any matter arising from a general review.
(2) The Minister may
(a) accept the recommendation; or
(b) refuse to accept the
recommendation.
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214C. Procedures for review
(1) The Board may carry out any review in
any manner it thinks appropriate.
(2) In carrying out any review, the Board
must provide
(a) reasonable opportunity for public
consultation; and
(b) reasonable opportunity for any
council affected by the review to
make any submissions.
(3) The Board is to publish in a daily
newspaper circulating in the municipal
area a statement
(a) specifying that a review is being
carried out; and
(b) if it is a specific review,
specifying any matter being
reviewed; and
(c) inviting submissions relating to
any matter referred to in
section 214A or in the specific
review.
(4) Section 8 and Part 3 of the Commissions
of Inquiry Act 1995 apply to a review
carried out by the Board as if
(a) the Board were a Commission
established under section 4 of that
Act; and
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2005 Local Government Amendment No. s. 124
(b) the review were the inquiry being
conducted by that Commission
under that Act.
214D. Report of review
(1) The Board is to submit to the Minister a
written report of any review it carries out
together with its recommendations.
(2) The Board must not make any
recommendation relating to an electoral
district unless satisfied that
(a) it is in the best interests of the
municipal area concerned; and
(b) it would lead to a fair
representation of the community
in the municipal area.
(3) The Board must not make any
recommendation relating to the
declaration of a municipal area or part of
a municipal area as a city except in
prescribed circumstances.
(4) On receipt of a report, the Minister is to
(a) forward a copy of the report to
(i) the council in respect of
which the review was
carried out; and
(ii) any other council the
Minister considers may be
affected by the
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recommendations of the
Board; and
(b) invite any such council to make
submissions to the Minister on
any matter covered by the report
within a specified period.
(5) After considering any submissions, the
Minister may
(a) accept any or all of the Board's
recommendations; or
(b) request the Board to reconsider
any or all of its
recommendations; or
(c) refer to the Board any alterations
to its report requested by a
council; or
(d) reject any or all of the Board's
recommendations.
(6) If the Minister rejects any of the Board's
recommendations in respect of a review,
the Minister may not make a
recommendation under section 214E
relating to that recommendation in
respect of that review.
(7) The council is to keep all matters
contained in the report and
recommendations of the Board
forwarded by the Minister confidential
until the report is published under
subsection (8).
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2005 Local Government Amendment No. s. 124
(8) The Minister is to cause to be published
the report and recommendations of the
Board, excluding any matter that the
Board advises is confidential and the
Minister considers is exempt information
under the Freedom of Information Act
1991.
214E. Result of review
(1) As a result of any review, the Governor,
by order and on the recommendation of
the Minister, may do any one or more of
the following:
(a) create a municipal area;
(b) abolish a municipal area;
(c) alter and define the boundaries of
a municipal area;
(d) combine 2 or more municipal
areas or parts of such areas to
form one municipal area;
(e) divide a municipal area into 2 or
more municipal areas or parts of
2 or more municipal areas;
(f) name or change the name of a
municipal area;
(g) declare a municipal area or part
of a municipal area to be a city;
(h) name or change the name of a
city;
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(i) create a council;
(j) abolish a council;
(k) dismiss all the councillors of a
council;
(l) name or change the name of a
council;
(m) determine the total number of
persons to be elected as
councillors of a municipal area;
(n) determine the number of persons
to be elected in respect of each
electoral district;
(o) divide a municipal area into 2 or
more electoral districts;
(p) abolish the division of a
municipal area into electoral
districts;
(q) alter the boundaries of an
electoral district;
(r) combine 2 or more electoral
districts in a municipal area to
form one electoral district;
(s) name or change the name of an
electoral district;
(t) declare that an election is to be
held.
(2) In an order under subsection (1), the
Governor may fix a closing day, within
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2005 Local Government Amendment No. s. 124
the meaning of Part 15, for an election to
be held.
(3) An election fixed to be held under
subsection (2) may be conducted in
respect of any proposed municipal area
or areas.
(4) An order under subsection (1)(k) may be
made only in conjunction with an order
made under subsection (1)(a), (b), (c),
(d), (e), (j), (m), (n), (o), (p), (q) or (r).
(5) The Governor, on the recommendation of
the Minister and in relation to an order
under subsection (1), may make
(a) an order in respect of any
appropriate savings and
transitional matters; and
(b) an order in respect of employees
of a council that is affected by an
order under subsection (1); and
(c) an order relating to the
requirements of the first meeting
of a council of a proposed
municipal area; and
(d) any other order necessary or
expedient.
(6) An order made under subsection (5) that
is inconsistent with any provision of this
Act or any other Act, other than section
45C of the Constitution Act 1934,
prevails over that provision to the extent
of that inconsistency.
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(7) An election for an existing or a proposed
municipal area to be held as a result of an
order made under this section is to be
held in accordance with Part 15 and any
regulations made for the purpose of that
Part.
214F. Transfer and vesting of assets
If, as a result of an order under
section 214E, a municipal area is
abolished and combined with an existing
or a newly created municipal area
(a) any assets of the council of the
abolished municipal area are
transferred to, and vest in, the
council of the existing or newly
created municipal area with effect
from the day specified in that
order; and
(b) any legal proceedings by or
against the council of the
abolished municipal area in
respect of those assets not
determined before that day may
be continued, on or after that day,
by or against the council of the
existing or newly created
municipal area; and
(c) a judgment or order of a court
obtained before that day by or
against the council of the
abolished municipal area in
respect of those assets may be
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2005 Local Government Amendment No. s. 124
enforced by or against the council
of the existing or newly created
municipal area; and
(d) a document addressed to the
council of the abolished
municipal area in respect of those
assets may be served on the
council of the existing or newly
created municipal area; and
(e) a contract made or entered into by
the council of an abolished
municipal area in respect of those
assets before that day but not
performed or discharged before
that day is taken to have been
made or entered into by the
council of the existing or newly
created municipal area.
214G. Apportionment between councils
(1) If, as a result of an order under
section 214E, part of a municipal area is
or is to be combined with an existing or a
newly created municipal area, the
Minister may require the councils of the
municipal areas affected by the order to
make an agreement in respect of the parts
of the municipal area to be combined as
to the apportionment of the assets
between those councils or any proposed
council.
(2) The Minister may determine the
apportionment as between the councils or
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proposed councils if the existing
councils
(a) fail to make an agreement in
relation to the apportionment; or
(b) fail to agree on the apportionment
of one or more assets.
(3) The Minister may require an agreement
to be made on or before a specified day.
(4) The Minister may refer any matter that is
in dispute between councils to an
arbitrator appointed by the Minister for
that purpose.
(5) A decision of the Minister is final.
(6) Any apportionment takes effect
(a) on the day on which the order
under section 214E takes effect;
or
(b) on a later day if the Minister so
determines.
(7) Any assets apportioned under this section
are vested in the relevant council on the
day
(a) specified in the agreement; or
(b) if there is no agreement, specified
in the determination under
subsection (2).
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2005 Local Government Amendment No. s. 124
214H. Costs
(1) A council created or directly affected by
an order under section 214E is to pay the
costs and expenses in relation to that
order or any transfer or vesting under
sections 214F and 214G.
(2) The Minister may apportion the costs and
expenses among more than one council
in any manner the Minister considers
appropriate.
Division 3 Reviews of single and joint authorities
214I. Review of single or joint authorities
(1) The Board
(a) is to carry out a review of a single
authority or a joint authority if the
Minister so directs; or
(b) may carry out the review if it so
determines.
(2) The review may cover any one or more
of the following:
(a) the structure and rules of a single
authority or joint authority;
(b) the relationship between the
authority and the single authority
council or a participating council;
(c) the management and operations
of the authority;
(d) any other relevant matter.
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214J. Procedure for review
(1) The Board may carry out a review in any
manner it considers appropriate.
(2) Before carrying out a review of a single
authority or joint authority, the Board is
to give the single authority, joint
authority, single authority council or
participating councils at least 30 days'
notice of the date on which the review is
to start.
(3) In carrying out the review, the Board
must provide
(a) reasonable opportunity for public
consultation; and
(b) reasonable opportunity for a
single authority, joint authority,
single authority council or
participating council to make any
submissions.
(4) Section 8 and Part 3 of the Commissions
of Inquiry Act 1995 apply to a review
carried out by the Board as if
(a) the Board were a Commission
established under section 4 of that
Act; and
(b) the review were the inquiry being
conducted by that Commission
under that Act.
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2005 Local Government Amendment No. s. 124
214K. Recommendations
(1) The Board is to submit to the Minister a
written report of any review it carries out
together with its recommendations.
(2) On receipt of a report, the Minister is to
(a) forward a copy of the report to
(i) the single authority or
joint authority concerned;
and
(ii) in relation to a joint
authority, the
participating councils; and
(iii) in relation to a single
authority, the single
authority council; and
(b) invite submissions on any matter
in the forwarded report within a
specified period.
(3) After considering any submissions, the
Minister may
(a) accept any or all of the Board's
recommendations; or
(b) request the Board to reconsider
any or all of its
recommendations; or
(c) refer to the Board any alterations
to its report requested by the
single authority, joint authority,
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s. 125 No. Local Government Amendment 2005
single authority council or
participating councils; or
(d) reject any or all of the Board's
recommendations.
(4) The single authority, joint authority,
single authority council or each
participating council is to keep all
matters contained in the report and
recommendations of the Board
forwarded by the Minister confidential
until published under subsection (5).
(5) The Minister is to cause to be published
the report and the recommendations of
the Board, excluding any matter that the
Board advises is confidential and the
Minister considers is exempt information
under the Freedom of Information Act
1991.
125. Section 219 amended (Submissions)
Section 219 of the Principal Act is amended by
inserting "councillor (whether suspended or
not)," after "council,".
126. Section 225 amended (Result of inquiry)
Section 225(1) of the Principal Act is amended
as follows:
(a) by inserting in paragraph (a) "councillor
(whether suspended or not)," after
"council,";
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2005 Local Government Amendment No. s. 127
(b) by inserting in paragraph (b) "councillor
(whether suspended or not)," after
"council,".
127. Section 226 amended (Dismissal of councillors)
Section 226(3) of the Principal Act is amended
by inserting "made by the Governor as a result
of a recommendation by the Minister under this
section" after "councillors".
128. Part 13, Division 2: Heading amended
Division 2 of Part 13 of the Principal Act is
amended by omitting "Administrators" from the
heading to that Division and substituting
"Commissioners".
129. Section 230 amended (Appointment of
commissioner on suspension)
Section 230 of the Principal Act is amended by
omitting "administrator of the council" and
substituting "commissioner for that council".
130. Section 231 amended (Appointment of
commissioner on dismissal)
Section 231 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"administrator of" and substituting
"commissioner for";
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s. 131 No. Local Government Amendment 2005
(b) by omitting from subsection (2)
"administrator" and substituting
"commissioner";
(c) by omitting from subsection (3) "an
administrator" and substituting "a
commissioner".
131. Section 232 amended (Powers and functions of
commissioner)
Section 232 of the Principal Act is amended by
omitting "An administrator" and substituting "A
commissioner".
132. Section 233 amended (Remuneration of
commissioner)
Section 233 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "An
administrator" and substituting "A
commissioner";
(b) by omitting from subsection (2) "an
administrator" and substituting "a
commissioner";
(c) by omitting from subsection (2) "the
administrator" and substituting "the
commissioner".
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2005 Local Government Amendment No. s. 133
133. Section 234 amended (Termination of appointment
as commissioner)
Section 234 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)(a) "an
administrator" and substituting "a
commissioner";
(b) by omitting from subsection (1)(b)
"administrator" and substituting
"commissioner";
(c) by omitting from subsection (2) "an
administrator" and substituting "a
commissioner";
(d) by omitting from subsection (2)
"administrator" second occurring and
substituting "commissioner".
134. Section 247 amended (Right to carry out works)
Section 247 of the Principal Act is amended as
follows:
(a) by omitting from subsection (2)(a)
"council" and substituting "general
manager";
(b) by omitting from subsection (6)
"council" and substituting "general
manager".
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s. 135 No. Local Government Amendment 2005
135. Section 248 amended (Right of occupier to act in
certain cases on default of owner)
Section 248 of the Principal Act is amended by
omitting "council" and substituting "general
manager".
136. Part 14, Division 5 inserted
After section 252 of the Principal Act, the
following Division is inserted in Part 14:
Division 5 Proceedings for offences
252A. Proceedings for offences
(1) Notwithstanding any provision of any
other Act, any proceedings for an offence
under this Act may be instituted within 2
years after the offence is alleged to have
been committed.
(2) This section only applies to an offence
that allegedly has been committed on or
from the commencement of the relevant
provision of the Local Government
Amendment Act 2005.
137. Section 253 amended (Interpretation of Part 15)
Section 253 of the Principal Act is amended as
follows:
(a) by omitting the definition of "Electoral
Commissioner";
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2005 Local Government Amendment No. s. 138
(b) by omitting the definition of "nomination
period" and substituting the following
definition:
"nomination period" means the
period beginning at 9 a.m. on the
7th Monday immediately before
the closing day and ending at
noon on the 5th Monday
immediately before the closing
day;
138. Section 253B inserted
After section 253A of the Principal Act, the
following section is inserted in Division 1:
253B. Prescribed procedures for certain elections
Regulations may provide for different
procedures than specified in this Part for
the purpose of an election for an existing
municipal area or proposed municipal
area to be held as a result of an order
made under section 214E.
139. Section 260 amended (Closure of electoral roll)
Section 260 of the Principal Act is amended by
inserting ", unless otherwise determined under
section 308(3A)(c)" after "is kept".
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140. Section 268A amended (Closing day and polling
period)
Section 268A(1) of the Principal Act is amended
by omitting "even year unless the Governor, by
order under this section or section 12(2)" and
substituting "uneven year unless the Governor,
by an order made under this section or
section 214E".
141. Section 270 amended (Eligibility for nomination as
councillor)
Section 270(1)(c) of the Principal Act is
amended by omitting "section 48(6)" and
substituting "section 48(6), 338A, 339 or 339A".
142. Section 274 amended (Election without poll)
Section 274 of the Principal Act is amended by
inserting after subsection (2) the following
subsection:
(3) If the number of candidates for an office
whose nominations have been accepted
and not withdrawn is less than the
number required to be elected
(a) the Electoral Commissioner may
call for new nominations for the
unfilled vacancies; and
(b) the period during which the new
nominations may be made ends at
noon on the 4th Monday
immediately before the closing
day; and
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2005 Local Government Amendment No. s. 143
(c) the eligibility requirement
referred to in section 41(1)(b)
does not apply in respect of a
vacancy in the office of mayor or
deputy mayor.
143. Section 277 repealed
Section 277 of the Principal Act is repealed.
144. Section 278 amended (Electoral advertising)
Section 278 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"candidate, an election agent or a party
within the meaning of the Electoral Act
2004" and substituting "person";
(b) by inserting in subsection (2) "under this
section" after "convicts";
(c) by inserting the following subsections
after subsection (2):
(3) A person, within the relevant
period, must not print, publish or
distribute any electoral
advertising that contains the
name, photograph or a likeness of
a candidate or intending
candidate at an election without
the written consent of the
candidate or intending candidate.
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s. 145 No. Local Government Amendment 2005
Penalty: Fine not exceeding 50
penalty units.
(4) Subsection (3) does not apply to
any matter printed, published or
distributed by or on behalf of the
Electoral Commissioner in the
exercise or performance of his or
her powers and functions.
145. Section 288 amended (Ballot papers)
Section 288 of the Principal Act is amended as
follows:
(a) by inserting in subsection (2) ", mayor or
deputy mayor" after "councillor";
(b) by omitting subsection (3).
146. Section 304 amended (Certificate of election)
Section 304(3) of the Principal Act is amended
by omitting "in the prescribed form and
manner".
147. Section 306 amended (Keeping of electoral
material)
Section 306(5) of the Principal Act is amended
by omitting "ballot papers for 4 years" and
substituting "used ballot papers in respect of
councillors until the certificate of election is
issued for the next ordinary election for those
councillors".
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2005 Local Government Amendment No. s. 148
148. Section 307 amended (Casual vacancies)
Section 307(6) of the Principal Act is amended
by omitting "next certificate of" and substituting
"certificate of election for the next ordinary".
149. Section 308 amended (By-elections)
Section 308 of the Principal Act is amended as
follows:
(a) by inserting the following subsection
after subsection (1):
(1AA) A by-election is not to be held
during the periods specified in
section 307(3).
(b) by omitting subsection (2) and
substituting the following subsection:
(2) A by-election is to be held in
conjunction with the next
ordinary election if the vacancy
occurs during the period referred
to in section 307(3).
(c) by omitting from subsection (3) "A" and
substituting "Except as provided in
subsection (3A), a";
(d) by inserting the following subsection
after subsection (3):
(3A) The Electoral Commissioner, in
consultation with the relevant
general manager in relation to a
by-election not held in
conjunction with the next
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s. 150 No. Local Government Amendment 2005
ordinary election, may
determine
(a) the day on which notice
of the by-election is to be
given; and
(b) the nomination period;
and
(c) the closure of electoral
rolls.
(e) by omitting from subsection (4)
"subsections (1A), (2) and (3)" and
substituting "subsections (1A), (2), (3)
and (3A)".
150. Section 311 amended (Electoral articles to be
signed)
Section 311 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"residential";
(b) by omitting subsection (3);
(c) by inserting the following definition
before the definition of "article" in
subsection (4):
"address" means an address, other
than a post office box or an
electronic address
(a) at which the responsible
person resides; or
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2005 Local Government Amendment No. s. 151
(b) at or through which the
responsible person may
be readily contacted;
(d) by omitting ", published or broadcast"
from the definition of "responsible
person" in subsection (4) and substituting
"or published".
151. Section 321 amended (Declaration of office)
Section 321(2) of the Principal Act is amended
by omitting "A councillor" and substituting "A
person elected as a councillor".
152. Section 321A inserted
After section 321 of the Principal Act, the
following section is inserted in Division 11:
321A. Vacancy of office on failure to make
declaration
The office of a councillor becomes
vacant if the councillor fails to make the
prescribed declaration within 60 days of
the issue of the certificate of election for
the election at which the councillor was
elected.
153. Section 331E repealed
Section 331E of the Principal Act is repealed.
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s. 154 No. Local Government Amendment 2005
154. Part 16, Division 2A inserted
After section 333 of the Principal Act, the
following Division is inserted in Part 16:
Division 2A Tenders and contracts for goods and services
333A. Tenders
(1) A council must invite tenders for any
contract it intends to enter into for the
supply or provision of goods or services
valued at or above the prescribed
amount.
(2) Tenders must be invited and made in a
prescribed manner.
(3) Subsection (1) does not apply to
prescribed situations or prescribed
contracts.
333B. Code for tenders and contracts
(1) A council must adopt a code relating to
tenders and contracts under this Division
by 1 January 2006.
(2) The code must
(a) be consistent with this Act; and
(b) include any prescribed matter;
and
(c) promote any prescribed
principles; and
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2005 Local Government Amendment No. s. 155
(d) be reviewed at least once every 4
years.
(3) A council must comply with its code.
(4) The general manager is to make a copy
of the council's code and any
amendments to the code available
(a) for public inspection at the public
office during ordinary office
hours; and
(b) for purchase at a reasonable
charge; and
(c) on its internet site free of charge.
155. Section 336A amended (Public Office)
Section 336A of the Principal Act is amended as
follows:
(a) by omitting "A council" and substituting
"The general manager";
(b) by omitting "its" and substituting "the
council's".
156. Section 337 substituted
Section 337 of the Principal Act is repealed and
the following section is substituted:
337. Council land information certificate
(1) A person may apply in writing to the
general manager for a certificate in
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s. 156 No. Local Government Amendment 2005
respect of information relating to land
specified and clearly identified in the
application.
(2) The general manager, on receipt of an
application made in accordance with
subsection (1), is to issue a certificate in
the prescribed form with answers to
prescribed questions that are attached to
the certificate.
(3) A certificate under subsection (2) relates
only to information that the council has
on record as at the date of issue of the
certificate.
(4) A prescribed fee is payable in respect of
the issue of a certificate.
(5) The general manager, on request, may
provide in or with the certificate any
other information or document relating to
the land that the general manager
considers relevant.
(6) A council does not incur any liability in
respect of any information provided in
good faith from sources external to the
council.
(7) A person, with the consent of the
occupier or owner of specified land, may
request in writing to the general manager
that an inspection be carried out of that
land to obtain supplementary information
relevant to that land.
(8) If the general manager agrees to a request
under subsection (5) or (7), the general
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2005 Local Government Amendment No. s. 157
manager may impose any reasonable
charges and costs incurred.
(9) In this section
"land" includes
(a) any buildings and other structures
permanently fixed to land; and
(b) land covered with water; and
(c) water covering land; and
(d) any estate, interest, easement,
privilege or right in or over land.
157. Section 338A inserted
After section 338 of the Principal Act, the
following section is inserted in Division 3:
338A. Disclosure of information
(1) A councillor must not disclose
information
(a) seen or heard by the councillor at
a meeting or part of a meeting of
a council or council committee
that is closed to the public that is
not authorised by the council or
council committee to be
disclosed; or
(b) given to the councillor by the
mayor, deputy mayor,
chairperson of a meeting of the
council or council committee or
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s. 158 No. Local Government Amendment 2005
the general manager on the
condition that it be kept
confidential.
Penalty: Fine not exceeding 50 penalty
units.
(2) In addition to any penalty imposed under
subsection (1), a court may make an
order
(a) barring the councillor from
nominating as a candidate at any
election for a period not
exceeding 7 years; or
(b) dismissing the councillor.
(3) A member must not disclose information
acquired as such a member on the
condition that it be kept confidential.
Penalty: Fine not exceeding 50 penalty
units.
(4) An employee of a council, single
authority or joint authority must not
disclose information acquired as such an
employee on the condition that it be kept
confidential.
Penalty: Fine not exceeding 50 penalty
units.
158. Sections 339C, 339D, 339E and 339F inserted
After section 339B of the Principal Act, the
following sections are inserted in Division 3:
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2005 Local Government Amendment No. s. 158
339C. Offence to perform functions or exercise
powers of councillor
(1) A person specified in subsection (2) must
not
(a) perform any function or exercise
any power of a councillor; or
(b) attempt to perform any function
or exercise any power of a
councillor.
Penalty: Fine not exceeding 50 penalty
units.
(2) Subsection (1) applies to the following:
(a) a person who is not a councillor;
(b) a councillor who is suspended;
(c) a councillor who has not made
the prescribed declaration of
office.
339D. Obstruction
A person, without reasonable excuse,
must not obstruct or attempt to obstruct
an authorised person in the performance
or exercise of his or her functions or
powers under this Act.
Penalty: Fine not exceeding 50 penalty
units.
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s. 158 No. Local Government Amendment 2005
339E. Complaints against non-compliance or
offence
(1) A person may make a complaint to the
Director
(a) that a council, councillor or
general manager has failed to
comply with requirements under
this or any other Act; or
(b) that a councillor, general manager
or employee of a council may
have committed an offence under
this Act.
(2) A complaint must
(a) be in writing; and
(b) identify the complainant and the
person against whom the
complaint is made; and
(c) give particulars of the grounds of
the complaint; and
(d) be verified by statutory
declaration; and
(e) be lodged with the Director.
(3) The Director may require a complainant
to give further particulars of the
complaint supported by a statutory
declaration.
(4) The Director may carry out an
investigation without receiving a
complaint specified in subsection (1).
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2005 Local Government Amendment No. s. 158
(5) The Director may determine the
procedure for handling complaints or
investigating matters.
339F. Customer service charter
(1) A council must adopt a customer service
charter on or before 1 January 2006.
(2) The customer service charter is to
(a) specify the principles relating to
services provided by the council;
and
(b) specify a procedure for dealing
with complaints relating to
services provided by the council;
and
(c) include any prescribed matter.
(3) The general manager is to make the
customer service charter available
(a) for public inspection at the public
office during ordinary office
hours; and
(b) on the council's internet site free
of charge; and
(c) for purchase at a reasonable
charge.
(4) A council is to review its customer
service charter at least once every 2
years.
(5) The general manager is to provide the
council with a report at least once a year
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s. 159 No. Local Government Amendment 2005
of the number and nature of complaints
received.
159. Section 340 substituted
Section 340 of the Principal Act is repealed and
the following section is substituted:
340. Interference with records and documents
A person must not interfere with, alter,
remove without reasonable excuse or
destroy any record or document in the
possession of, or under the control of, a
council
(a) without the approval of
(i) the general manager; or
(ii) in the case of the general
manager, the council; or
(b) contrary to the Archives Act 1983.
Penalty: Fine not exceeding 50 penalty
units.
160. Section 340A amended (Allowances)
Section 340A of the Principal Act is amended as
follows:
(a) by inserting the following subsection
after subsection (2):
(2A) Allowances are to be paid in
arrears.
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2005 Local Government Amendment No. s. 161
(b) by inserting the following subsections
after subsection (4):
(5) Councillors who are suspended
under section 215(5) are not
entitled to any allowances during
the period of suspension.
(6) A person who must not perform
any function or exercise any
power of a councillor under
section 339C is not entitled to any
allowances.
161. Section 344 amended (Rounding off rates, &c.)
Section 344 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "A
council may round down" and
substituting "The general manager may
round up";
(b) by omitting from subsection (2) "A
council" and substituting "The general
manager".
162. Section 346 repealed
Section 346 of the Principal Act is repealed.
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s. 163 No. Local Government Amendment 2005
163. Schedule 1 amended (Membership of Local
Government Board)
Clause 1 of Schedule 1 to the Principal Act is
amended by omitting "section 4(2)(a), (b), (c) or
(d)" and substituting "section 210(2)(a), (b), (c)
or (d)".
164. Schedule 4 repealed
Schedule 4 to the Principal Act is repealed.
165. Schedule 5 amended (Office of Councillors)
Schedule 5 to the Principal Act is amended by
omitting clauses 1 and 2 and substituting the
following clauses:
1. Expenses
(1) A council, on or before 1 January 2006,
is to
(a) adopt a policy in respect of
payment of expenses incurred by
councillors in carrying out the
duties of office; and
(b) make a copy of the policy
available for public inspection.
(2) A councillor is entitled to be reimbursed
for reasonable expenses in accordance
with the policy adopted under
subclause (1) in relation to
(a) any prescribed expenses; and
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2005 Local Government Amendment No. s. 165
(b) any other expenses the council
determines appropriate.
2. Loan of services, facilities and equipment
A council may decide to provide support
services, facilities and equipment on loan
to a councillor on any conditions it
considers appropriate.
3. Vacation of office
(1) The office of a councillor becomes
vacant if the councillor
(a) dies; or
(b) resigns; or
(c) is absent without leave from 3
consecutive ordinary meetings of
the council; or
(d) is removed or dismissed from
office under this Act; or
(e) becomes a paid employee of the
council; or
(f) is no longer eligible to nominate
as a candidate under section 270.
(2) If the general manager becomes aware of
a vacancy, the general manager is to
notify the Electoral Commissioner.
Government Printer, Tasmania 161