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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Local Government Amendment Bill 2006
CONTENTS
1. Short title 2
2. Commencement 2
3. The Act amended 2
4. Section 2.28 amended 2
5. Section 2.30 amended 2
6. Section 4.7 amended 3
7. Section 4.16 amended 3
8. Section 4.17 amended 3
9. Section 4.40 amended 4
10. Section 4.41 amended 4
11. Section 4.65 amended 4
12. Section 5.76 amended 4
13. Section 9.71 amended 4
14. Schedule 2.3 amended 5
15. Schedule 9.3 amended 5
14A. Transition to October elections 5
155--3 page i
Western Australia
LEGISLATIVE ASSEMBLY
(As divided in Committee of the Whole)
Local Government Amendment Bill 2006
A Bill for
An Act to amend the Local Government Act 1995.
The Parliament of Western Australia enacts as follows:
page 1
Local Government Amendment Bill 2006
s. 1
1. Short title
This is the Local Government Amendment Act 2006.
2. Commencement
(1) Except as stated in subsection (2), this Act comes into operation
5 on the day after the day on which it receives the Royal Assent.
(2) Section 14 comes into operation on a day fixed by proclamation.
3. The Act amended
The amendments in this Act are to the Local Government
Act 1995*.
10 [* Reprint 3 as at 5 August 2005.
For subsequent amendments see Western Australian
Legislation Information Tables for 2005, Table 1 and Acts
Nos. 38 of 2005 and 28 of 2006.]
4. Section 2.28 amended
15 The Table to section 2.28 is amended in items 1, 2, 4 and 7 by
deleting "first Saturday in May" and inserting instead --
" third Saturday in October ".
5. Section 2.30 amended
Section 2.30 is amended by deleting "first Saturday in May" and
20 inserting instead --
" third Saturday in October ".
page 2
Local Government Amendment Bill 2006
s. 6
6. Section 4.7 amended
(1) Section 4.7(1)(a) and (b) and (2) are amended by deleting "first
Saturday in May" and inserting instead --
" third Saturday in October ".
5 (2) Section 4.7(2) is amended by deleting "another Saturday in
May" and inserting instead --
"
a later Saturday in October, or the first, second or third
Saturday in November,
10 ".
Note: The heading to section 4.7 will be altered by deleting "first Saturday in
May" and inserting instead "third Saturday in October".
7. Section 4.16 amended
(1) Section 4.16(2), (3)(a) and (4)(b) are amended by deleting "first
15 Saturday in February" and inserting instead --
" third Saturday in July ".
(2) Section 4.16(4)(a) is amended by deleting "first Saturday in
August in the year before" and inserting instead --
" third Saturday in January in ".
20 8. Section 4.17 amended
(1) Section 4.17(1) and (2)(b) are amended by deleting "first
Saturday in February" and inserting instead --
" third Saturday in July ".
(2) Section 4.17(2)(a) is amended by deleting "first Saturday in
25 August in the year before" and inserting instead --
" third Saturday in January in ".
page 3
Local Government Amendment Bill 2006
s. 9
9. Section 4.40 amended
Section 4.40(3) is amended by deleting "enrolments" and
inserting instead --
"
5 enrolments (other than persons who will be under
18 years of age on election day)
".
10. Section 4.41 amended
Section 4.41(2) is amended by deleting "enrolments," and
10 inserting instead --
"
enrolments (other than persons who will be under
18 years of age on election day)
".
15 11. Section 4.65 amended
Section 4.65(3) is amended by inserting after "elector" --
" , or who is under 18 years of age on election day, ".
12. Section 5.76 amended
Section 5.76(3) is repealed.
20 13. Section 9.71 amended
After section 9.71(5) the following subsection is inserted --
"
(6) Schedule 9.3 also has effect for the purpose of the
transition to --
25 (a) this Act as enacted after the coming into
operation of an enactment amending it; from
(b) this Act as enacted before the coming into
operation of that enactment.
".
page 4
Local Government Amendment Bill 2006
s. 14
14. Schedule 2.3 amended
Schedule 2.3 is amended in clause 4(6) by deleting "the
procedures set out in".
15. Schedule 9.3 amended
5 After Schedule 9.3 clause 14 the following clause is inserted in
Division 3 --
"
14A. Transition to October elections
(1) In this clause --
10 "amending Act" means the Local Government Amendment
Act 2006;
"new ordinary election day provisions" means section 4.7
as amended by section 6 of the amending Act.
(2) If by operation of --
15 (a) item 3, 8, 9 or 10 of the Table to section 2.28; and
(b) a determination made by the returning officer under
section 4.78 before the coming into operation of
section 6 of the amending Act,
the term of office of a councillor would end on the first
20 Saturday in May in a year, that term of office is to end on
the third Saturday in October in that year (but note
section 2.30).
(3) Despite section 3.64(e), the establishment agreement for a
regional local government may be amended under
25 section 3.65 in consequence of the new ordinary election
day provisions even though the amendments result in the
current chairman and deputy chairman of the regional local
government holding office for terms exceeding 2 years.
".
30
page 5
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