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TASMANIA
__________
LOCAL GOVERNMENT AMENDMENT (LOCAL
GOVERNMENT BOARD) BILL 2009
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 210 amended (Local Government Board)
5. Section 213 amended (Delegation by Board)
6. Section 214 amended (Reviews of council)
7. Schedule 1 amended (Membership of Local Government Board)
8. Schedule 2 amended (Meetings of Local Government Board)
[Bill 20]-XI
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LOCAL GOVERNMENT AMENDMENT (LOCAL
GOVERNMENT BOARD) BILL 2009
(Brought in by the Minister for 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 (Local Government Board) Act
2009.
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 20] 3
Local Government Amendment (Local Government Board) Act
2009
Act No. of
s. 4
4. Section 210 amended (Local Government Board)
Section 210 of the Principal Act is amended as
follows:
(a) by omitting paragraph (d) from
subsection (2);
(b) by omitting from subsection (3)
"subsection (2)(a), (b), (c) and (d)" and
substituting "subsection (2)(a), (b) and
(c)";
(c) by inserting the following subsection
after subsection (5):
(5A) The Minister may, by instrument
of appointment, appoint one or 2
additional persons to be members
of the Board for the purposes of
a review under this Part that is
specified in the instrument.
5. Section 213 amended (Delegation by Board)
Section 213 of the Principal Act is amended by
omitting "under section 214" and substituting
"under this Part".
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Local Government Amendment (Local Government Board) Act
2009
Act No. of
s. 6
6. Section 214 amended (Reviews of council)
Section 214 of the Principal Act is amended by
omitting subsection (1) and substituting the
following subsection:
(1) The Minister may require the Board to
carry out a general review of a council.
7. Schedule 1 amended (Membership of Local
Government Board)
Schedule 1 to the Principal Act is amended as
follows:
(a) by omitting clauses 1 and 2 and
substituting the following clauses:
1. Interpretation
In this Schedule
"appointed member" means a
general member or a
review member;
"general member" means a
member of the Board
referred to in
section 210(2)(a), (b) or
(c) who is appointed by
the Minister under
section 210(3);
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Local Government Amendment (Local Government Board) Act
2009
Act No. of
s. 7
"review member" means a
member of the Board
appointed under
section 210(5A).
2. Term and scope of office
(1) A general member is to be
appointed for the period of not
more than 3 years that is specified
in the member's instrument of
appointment.
(2) A review member is a member of
the Board only in respect of the
review specified in the member's
instrument of appointment.
(b) by omitting paragraph (a) from clause
5(3) and substituting the following
paragraphs:
(a) being a general member, is absent
from 2 consecutive meetings of
the Board without the permission
of the Board; or
(ab) being a review member, is absent,
without the permission of the
Board, from 2 consecutive
meetings of the Board that relate
to the review for the purposes of
which the member was
appointed; or
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Local Government Amendment (Local Government Board) Act
2009
Act No. of
s. 8
(c) by omitting from clause 6(1) "an
appointed member" and substituting "a
general member";
(d) by inserting the following subclause after
subclause (1) in clause 6:
(1A) If a review member vacates
office, the Minister may appoint a
person to the vacant office for the
remainder of the review for the
purposes of which the member
was appointed.
(e) by omitting from clause 6(2) "an
appointed member" and substituting "a
general member".
8. Schedule 2 amended (Meetings of Local
Government Board)
Clause 2 of Schedule 2 to the Principal Act is
amended by omitting subclause (1) and
substituting the following subclause:
(1) The quorum at any meeting of the Board
is 3 of the members of the Board referred
to in section 210(2).
Government Printer, Tasmania 7