LOCAL GOVERNMENT ACT 1995 - SCHEDULE 9.3

LOCAL GOVERNMENT ACT 1995 - SCHEDULE 9.3

[Section 9.71]

        [Heading amended: No. 2 of 2012 s. 25.]

Division 1 — Provisions for Local Government Act 1995

        [Heading inserted: No. 2 of 2012 s. 26.]

Subdivision 1 — Preliminary

        [Heading inserted: No. 2 of 2012 s. 26.]

1 .         Terms used

                In this Schedule unless the contrary intention appears —

        commencement day means the day on which this Act comes into operation;

        continuing authority means a former municipality that, on the commencement day, continues in existence as a local government;

        designated employee has the meaning given by section 5.74;

        former district means a district that existed under the former provisions immediately before the commencement day;

        former municipality means a municipality that, under the former provisions, was constituted by the inhabitants of a former district immediately before the commencement day;

        former provisions means the Local Government Act 1960 ⁴ as in force before the commencement day.

        [Clause 1 amended: No. 16 of 2019 s. 74(1).]

2 .         Interpretation Act 1984 applies

                This Schedule does not limit the operation of the Interpretation Act 1984 .

3 .         Construction of references in written laws

        (1)         Unless the context otherwise requires, a reference in a written law to an enactment repealed by this Act includes a reference to the corresponding provision, if any, of this Act.

        (2)         A reference in a written law to a municipality under the Local Government Act 1960 ⁴ may, where the context so requires, be read as if it had been amended to include or be a reference to a local government under this Act.

        (3)         A reference in a written law to a regional council under the Local Government Act 1960 ⁴ may, where the context so requires, be read as if it had been amended to include or be a reference to a regional local government under this Act.

        (4)         A reference in a written law to the town clerk or shire clerk of a municipality may, where the context so requires, be read as if it had been amended to include or be a reference to the CEO of a local government.

        (5)         A reference in a written law to the secretary of a regional council may, where the context so requires, be read as if it had been amended to include or be a reference to the CEO of a regional local government.

Subdivision 2 — Continuation of constitutional arrangements, membership and appointments

        [Heading inserted: No. 2 of 2012 s. 27.]

4 .         Former districts continue as districts

        (1)         On the commencement day —

            (a)         a former district becomes a district as if it had been declared to be a district under section 2.1; and

            (b)         its name is to be derived from the name of the former municipality by omitting “Town of”, “City of” or “Shire of”, as the case requires, unless subclause (2) applies.

        (2)         If subclause (1)(b) would result in 2 or more districts having the same name, the name of each of those districts is to be derived by adding after the name they would have either “(Town)”, “(City)”, or “(Shire)”, as is appropriate.

        (3)         The former district becomes a city, town or shire under this Act according to which of those the former municipality was under the former provisions even if it does not meet the relevant requirements under section 2.4.

5 .         Former municipalities continue as local governments

                The local government of a former district that becomes a district under this Act is a continuation of, and the same legal entity as, the former municipality, and has the same name.

6 .         Former councils continue as previously constituted

        (1)         On and after the commencement day, the council of a continuing authority continues as if it had been constituted, and its members had been elected, under this Act.

        (2)         Without limiting subclause (1), the number of offices of councillor on the council of a continuing authority remains the same until changed under this Act even if the number does not meet the relevant requirements under section 2.17.

        (3)         The Advisory Board, in a written report to the Minister, is to recommend the making of an order under section 2.18(3)(a) or (c) if in the opinion of the Advisory Board that order is necessary to ensure that the ordinary elections of a continuing authority held on 7 May 2005 are held on the basis of there being a number of offices of councillor on the council that meets the relevant requirements under section 2.17.

        (4)         The Advisory Board can make a recommendation under subclause (3) whether or not the continuing authority has made a proposal to it under Schedule 2.2.

        (5)         For the purposes of deciding on any recommendation it is to make under subclause (3), the Advisory Board may carry out any inquiry it thinks necessary.

        (6)         The Advisory Board may recover the amount of the costs connected with an inquiry under subclause (5) from the continuing authority as if it were for a debt due.

7 .         Wards and representation

        (1)         If, immediately before the commencement day, a former district had a ward system under the former provisions that system (including the boundaries of the wards and the numbers of offices of councillor for the wards) continues to apply on and after the commencement day until it is changed or discontinued under this Act.

        (2)         If subclause (1) applies to the district of a continuing authority, the continuing authority is to carry out the first review of its ward system under Schedule 2.2, clause 6 within 8 years after the commencement day.

8 .         Former method of electing mayor or president continued

                The method of filling the office of mayor or president of a continuing authority which had effect under the former provisions immediately before the commencement day continues to have effect on and after the commencement day until a decision under section 2.11(2) to change to the other method mentioned in section 2.11(1)(a) or (b) takes effect.

9 .         Commissioners continued

                If, immediately before the commencement day, the functions of the council and the mayor or president of a continuing authority were being performed by a commissioner appointed under the former provisions, that appointment continues to have effect, subject to its terms, under this Act.

10 .         Regional councils continued

                A regional council constituted under the former provisions that was in existence immediately before the commencement day continues in existence as a regional local government on and after that day as if —

            (a)         it had been constituted as a regional local government under this Act; and

            (b)         the regional councillors had been appointed as members of the regional local government under this Act; and

            (c)         the constitution agreement included the provisions of sections 699 to 702, 704 to 707 and 709 of the former provisions and had been approved by the Minister as an establishment agreement under this Act.

11 .         Local Government Associations continued

                The associations constituted by Part 9, Division 5, are the same legal entities as the associations that were constituted under Part XXX of the former provisions.

Subdivision 3 — Electoral matters

        [Heading inserted: No. 2 of 2012 s. 28.]

12 .         Enrolment of certain electors may continue

        (1)         In this clause —

        existing roll means an owners and occupiers roll prepared in respect of a district or ward under section 43 of the former provisions and not superseded by another owners and occupiers roll prepared under that section.

        (2)         Despite section 4.30(1)(a) if a person who is not enrolled as an elector for the Legislative Assembly or the House of Representatives —

            (a)         owns or occupies rateable property within a district or ward (the electorate ); and

            (b)         was named as an elector in respect of that property or any other property on an existing roll for the district, or a ward of the district, or would have been so named if his or her name had not been omitted in error; and

            (c)         has owned or occupied rateable property within the district continuously since that existing roll was prepared,

                the person is to be regarded for the purposes of this Act as being eligible under section 4.30(1)(a) and (b) to be enrolled to vote at elections for the electorate.

        (3)         The CEO of a continuing authority is to ensure that copies of the existing roll or existing rolls relating to the former municipality are retained on a permanent basis after the commencement of this Act.

13 .         Existing provisions continue for elections before 1997 ordinary elections

                Despite the commencement of this Act, if an election is held to fill a vacancy in the office of a councillor or a mayor or president elected by the electors and the poll for the election takes place (or would, if needed, have taken place) before 3 May 1997, the former provisions, as in force immediately before the commencement day, continue to apply in relation to the election and the filling of the vacancy as if this Act had not commenced.

14 .         Transition from annual to biennial election system

        (1)         This clause applies to a continuing authority if, immediately before the commencement day, it was under the annual election system under the former provisions.

        (2)         A continuing authority to which this clause applies may decide —

            (a)         that the terms of office of each councillor, and the mayor or president where the mode of election is by the electors, will expire on 3 May 1997 and, in that case, any of those terms of office that would, but for this clause, continue beyond that day is, by operation of this clause, reduced to the extent necessary to make it expire on that day; or

            (b)         that the terms of office of each councillor, and the mayor or president where the mode of election is by the electors, will continue unaffected by this Act and, in that case —

                  (i)         the term of office of a councillor, or mayor or president, where the mode of election is by the electors, elected to fill an office that becomes vacant on 3 May 1997, is 4 years; and

                  (ii)         the term of office of a mayor or president, where the mode of election is by the electors, elected to fill an office that becomes vacant on 2 May 1998, is 3 years; and

                  (iii)         a term of office of either one year or 3 years shall be fixed by the returning officer for any councillor elected to fill an office that becomes vacant on 2 May 1998 so as to give effect to clauses 1 and 2 of Schedule 4.2 in relation to the years 1999 and 2001.

        (3)         A decision made under subclause (2)(a) or (b) on or after 14 February 1997 has no effect.

        (4)         A decision made under subclause (2)(b) has no effect unless it is approved by the Minister.

        (5)         If a continuing authority to which this clause applies does not make an effective decision under subclause (2)(a) or (b) —

            (a)         the term of office of a councillor, or the mayor or president where the mode of election is by the electors, that would, but for this clause, expire on 2 May 1998 is, by operation of this clause, reduced so that it expires on 3 May 1997; and

            (b)         the term of office of a councillor, or the mayor or president where the mode of election is by the electors, that expires on 3 May 1997 or 1 May 1999 continues unaffected by this clause; and

            (c)         without limiting clause 5 of Schedule 4.2, a term of office of 2 years may be fixed for a councillor or councillors elected at the ordinary elections held during 1997 so as to give effect to clauses 1 and 2 of Schedule 4.2 in relation to the year 1999.

        [Clause 14 amended: No. 57 of 1997 s. 81(2) and (3).]

14A .         Transition to October elections

        (1)         In this clause —

        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 —

            (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 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 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.

        [Clause 14A inserted: No. 66 of 2006 s. 15.]

Subdivision 4 — Administration

        [Heading inserted: No. 2 of 2012 s. 29.]

15 .         Employees

        (1)         A person employed or engaged by a continuing authority who was working for it immediately before the commencement day is to be taken as being employed by it on the same terms and conditions, including as to remuneration, as those which applied to the person immediately before the commencement day.

        (2)         Under subclause (1) the person who was formerly the clerk of the continuing authority becomes its CEO.

        (3)         A person to whom this clause applies retains all existing and accruing rights and benefits as if employment under this Act were a continuation of the person’s employment or engagement immediately before the commencement day.

16 .         Superannuation schemes: transitional and savings

        (1)         Despite the repeal of Part VIA ( Employee Superannuation ) of the former provisions, the provisions of that Part ⁸ that applied to a municipality or to the City of Perth (within the meanings of that Part) continue to apply to the continuing authorities in respect of each such municipality or the City of Perth as if this Act had not commenced and so apply until regulations are made under section 5.47 in relation to that continuing authority.

        (2)         Regulations under this Act may amend the former provisions as continued by subclause (1).

17 .         Long service benefits: transitional and savings

        (1)         Despite the repeal of section 161 of the former provisions, the provisions of that section and regulations made under it that, immediately before the commencement day, applied to an employee as defined in that section continue to apply in respect of that person as if this Act had not commenced and so apply until regulations are made under section 5.48 in relation to that person.

        (2)         Regulations under this Act may amend the provisions of section 161 of the former provisions, and regulations made under that section, as continued by subclause (1).

18 .         Committees continue until first ordinary elections

        (1)         On and after the commencement day, any committee of a continuing authority existing under the former provisions continues as if it had been established, its members had been appointed and its presiding member had been elected, under this Act.

        (2)         A committee to which subclause (1) applies is dissolved on 3 May 1997.

        (3)         A committee to which subclause (1) applies —

            (a)         has, and can be delegated, the powers which it would have had, or could have been delegated, if it had been established under this Act;

            (b)         does not have, and cannot be delegated, any powers other than those referred to in paragraph (a).

19 .         Delegations continue for up to a year

        (1)         If a delegation under the former provisions of a power or duty of a kind that can be delegated under this Act has effect immediately before the commencement day, that delegation continues to have effect on and after the commencement day as if it had taken place under this Act.

        (2)         A delegation to which subclause (1) applies continues to have effect until —

            (a)         it is revoked in accordance with the terms of the relevant power under which the delegation took place; or

            (b)         the expiration of one year from the commencement day,

                whichever happens first.

20 .         First annual report

                A continuing authority is to prepare its first annual report under section 5.53 in relation to the financial year that ends on 30 June next following the commencement day.

21 .         First plan for principal activities

                A continuing authority is to prepare its first plan for principal activities under section 5.56 for the period that begins on 1 July next following the commencement day.

22 .         First code of conduct

                A continuing authority is to prepare or adopt its first code of conduct within one year of the commencement day.

23 .         First declaration by certain designated employees

                If a person is or has become a designated employee of a continuing authority before 3 May 1997 then, for the purposes of Part 5, Division 6, Subdivision 2, a reference to the start day in relation to that person is a reference to 3 May 1997.

24 .         Previous records to be kept by continuing authorities

                All registers, records and documents which a former municipality was required under the former provisions to keep are to be kept by the continuing authority for the purposes for which the registers, records or documents were required to be kept under those provisions.

Subdivision 5 — Financial management and audit

        [Heading inserted: No. 2 of 2012 s. 30.]

25 .         Rateable land exemptions

                If a notice published by a continuing authority under section 532(3d) of the former provisions is in force immediately before the commencement day —

            (a)         that notice continues to have effect after the commencement day according to its terms; and

            (b)         section 532(3e) and (3f) of the former provisions continue to apply to that notice while the notice is in effect as if the reference in section 532(3f)(a) to subsection (3)(c) were a reference to section 6.26(2)(g).

26 .         Land declared to be exempt from payment of rates

        (1)         If land has been declared by the Governor under section 532(8) or (10) of the former provisions to be exempt from municipal rates and that declaration is in force immediately before the commencement day, the land is to be treated as land declared by the Minister under section 6.26(4) to be exempt from rates and the Minister may by declaration made under that subsection cancel or vary that declaration.

        (2)         If land has been declared by a council under section 532(12) (as read with section 532(11)) of the former provisions to be exempt from municipal rates and that declaration is in force immediately before the commencement day, the land is to continue to be exempt from rates under this Act until the continuing authority cancels that declaration, and those subsections continue to have effect for the purposes of this clause.

27 .         Basis of rates

        (1)         Until a determination is made by the Minister under section 6.28 a continuing authority is to continue to use the system of valuation that was applicable to it, immediately before the commencement day, under section 533 of the former provisions.

        (2)         If an Order under section 533(17) of the former provisions is in force immediately before the commencement day that Order continues to have effect on and after the commencement day according to its terms but is to be taken to be a determination by the Minister under section 6.28 and may be amended by the Minister under that section.

        [Clause 27 amended: No. 57 of 1997 s. 81(4).]

28 .         Recovery of rates

                If, before the commencement day, a continuing authority has commenced proceedings under Part XXV, Subdivision B or C, of the former provisions, the former provisions continue to have effect in relation to those proceedings until such time as they are completed.

29 .         Continuation of debentures issued

                If a continuing authority has —

            (a)         issued a debenture under Part XXVI of the former provisions; and

            (b)         established a sinking fund under section 615 of the former provisions,

                sections 615 to 624 of the former provisions continue to have effect in respect of that debenture until such time as the debenture reaches maturity.

30 .         Reserve accounts

        (1)         If a continuing authority has established a general reserve account under section 528 of the former provisions, the continuing authority is to, not later than 2 years from the commencement day —

            (a)         use the money for an authorised purpose; or

            (b)         transfer the money to a reserve account maintained for a purpose in accordance with section 6.11.

        (2)         The continuing authority is to —

            (a)         disclose in its annual budget any action to be taken under subclause (1); or

            (b)         where it is proposed to take any action under subclause (1) after the adoption of the annual budget, give one month’s local public notice of the proposal.

        (3)         The continuing authority is to disclose action taken under subclause (1) in the annual financial report for the year in which the action is taken.

31 .         Borrowing: loan polls

                If a continuing authority has given notice of a proposal to borrow money by the issue of debentures under Division 3 of Part XXVI of the former provisions but the notice period required under section 610 of the former provisions has not expired before the commencement day —

            (a)         subject to paragraph (b), the former provisions continue to apply in relation to that proposed borrowing as if this Act had not commenced; but

            (b)         the continuing authority is not required to conduct a loan poll under section 611 of the former provisions unless a demand for such a poll was delivered in accordance with that section to the local government before the commencement day.

[ 32.         Deleted: No. 5 of 2017 s. 21(1).]

Subdivision 6 — Former by-laws, uniform general by-laws and regulations

        [Heading inserted: No. 2 of 2012 s. 31.]

33 .         Former by-laws continued

        (1)         Unless otherwise provided, a provision of an Act that, immediately before the commencement day, gave a former municipality power to make by-laws is to be read, on and after the commencement day, as if it had been amended to give a power to a local government to make local laws.

        (2)         Without limiting Part 3, Division 2, Subdivision 2, any provision relating to the exercise of the former power to make by-laws applies to the exercise of the power to make local laws.

        (3)         On the commencement day a by-law of a continuing authority under another Act (other than the former provisions) becomes a local law of the continuing authority under that other Act.

        (4)         On the commencement day a by-law of a continuing authority under the former provisions becomes a local law of the continuing authority under this Act, but in construing terms used in it account is to be taken of the meanings those terms had before the commencement day.

        (4a)         An order made under section 190(8) of the former provisions continues to have effect in respect of the application to the relevant area of —

            (a)         by-laws which applied to the area under the order immediately before the commencement day; and

            (b)         local laws amending those by-laws.

        (4b)         An order made under section 190(8) of the former provisions may be revoked under section 3.6(3) as if it was an approval given under section 3.6(1).

        (5)         On the commencement day a by-law of a continuing authority that was made under or for the purposes of a former provision about infringement notices is to be read, unless the context otherwise requires, as if it had been amended to the extent necessary for it to apply for the purposes of Part 9, Division 2, Subdivision 2.

        (6)         In any other written law, apart from section 42 of the Interpretation Act 1984 , a reference to a by-law of a former municipality is to be read as if it had been amended to be a reference to a local law.

        (7)         The citation of by-laws that, under this Act or section 7 of the Local Government (Consequential Amendments) Act 1996 , become local laws (in the provision assigning the citation to the by-laws and in a reference in a written law to that citation) is to be read as if “ By-law ” or “ By-laws ”, where it occurs in that citation, had been amended to be “ Local laws ”.

        [Clause 33 amended: No. 14 of 1996 s. 4; No. 49 of 2004 s. 73(2).]

34 .         First periodic review as a local law

                For the purposes of section 3.16(1) a written law that was already in force before being continued under this Act as a local law is to be regarded as having commenced when it became a local law.

35 .         Former uniform general by-laws continued

        (1)         A provision of the Dog Act 1976 or the Control of Vehicles (Off-road Areas) Act 1978 that, immediately before the commencement day, gave the Governor power to make uniform general by-laws is to be read, after the commencement day, as if it had been amended to give a power to make regulations.

        (2)         Any provision relating to the exercise of the former power to make uniform general by-laws applies to the exercise of the power to make regulations.

        (3)         On the commencement day a uniform general by-law made by the Governor under the Dog Act 1976 or the Control of Vehicles (Off-road Areas) Act 1978 becomes a regulation under that Act.

        (4)         On the commencement day a uniform general by-law made by the Governor under the former provisions becomes a regulation under section 9.60, but in construing terms used in it account is to be taken of the meanings those terms had before the commencement day.

        (5)         In any other written law a reference to a uniform general by-law is to be read as if it had been amended to be a reference to a regulation.

36 .         Former regulations continued

                On the commencement day a regulation under section 245A or 433A of the former provisions becomes a regulation under section 9.60, but in construing terms used in it account is to be taken of the meanings those terms had before the commencement day.

Subdivision 7 — Miscellaneous

        [Heading inserted: No. 2 of 2012 s. 32.]

37 .         Townsites

                Land that was, under the former provisions, a townsite because it was declared to be a townsite under those provisions or under an Act repealed by the Local Government Act 1960 ⁴ is to be regarded as having been constituted a townsite, and given its name, under section 10 of the Land Act 1933 ⁵ .

38 .         Gates across thoroughfares in cities or towns

        (1)         A licence under section 333 of the former provisions continues in force after the repeal of that section if it would have done so had that section not been repealed, and that section (in subclause (2) called the former section ) continues in operation after its repeal for the purposes of the cancellation of such a licence.

        (2)         Section 9.65(1) applies to an order under the former section cancelling the order under which the licence was granted.

39 .         Deferments under Rates and Charges (Rebates and Deferments) Act 1992

                The Rates and Charges (Rebates and Deferments) Act 1992 continues to apply to the payment of an amount that had been deferred under the former provisions if, under those provisions, it applied to that payment.

40 .         Commercial enterprises

        (1)         Section 3.59(8) does not apply in relation to an activity that —

            (a)         was commenced before the commencement day; and

            (b)         would have been a major trading undertaking before the commencement day if this Act had already been in operation,

                if it is not intended to carry the activity on beyond the period of 2 years after the commencement day.

        (2)         If it is intended to carry the activity on beyond the period of 2 years after the commencement day, section 3.59(8) does not apply until one year after the commencement day.

        (3)         Where an agreement that is a part of a land transaction was entered into before the commencement day, section 3.59(9) does not apply in relation to the doing of anything as a result of which the transaction would become a major land transaction if it is intended that the purpose of the transaction will be fulfilled within the period of 2 years after the commencement day.

        (4)         If it is not intended that the purpose of the transaction will be fulfilled within the period of 2 years after the commencement day, the application of section 3.59(9) in relation to the doing of anything during the first year after the commencement day is modified to allow the local government to comply with the requirements referred to in that subsection after the thing has been done but not later than the end of that year.

41 .         Evidence in proceedings under former provisions

                The provisions in Part XXVIII, Division 1, Subdivision B of the former provisions continue to apply in relation to legal and other proceedings about matters that arose under the former provisions before the commencement day.

Division 2 — Provisions for the Local Government Amendment Act 2012

        [Heading inserted: No. 2 of 2012 s. 33.]

42 .         Term used: amending Act

                In this Division —

        amending Act means the Local Government Amendment Act 2012 .

        [Clause 42 inserted: No. 2 of 2012 s. 33.]

43 .         Saving provisions for CEOs

        (1)         In this clause —

        preserved CEO , in relation to a local government, means a person who is employed, other than in an acting or temporary capacity, as the CEO of the local government on 19 October 2011.

        (2)         Section 5.39(7) does not apply in respect of —

            (a)         a CEO for such time as that person is employed under a contract of employment —

                  (i)         that was entered into or renewed before section 13 of the amending Act came into operation; or

                  (ii)         for a position that was advertised before section 13 of the amending Act came into operation;

        or

            (b)         a preserved CEO of a local government if —

                  (i)         the remuneration paid or provided to the CEO on 19 October 2011 under a contract of employment was more than the amount recommended by the Salaries and Allowances Tribunal under the Salaries and Allowances Act 1975 section 7A to be paid or provided to the CEO at that time; and

                  (ii)         the CEO continues to be employed as the CEO of that local government.

        (3)         Section 5.39(8) does not apply to a local government that is renewing a contract of employment with its preserved CEO in the circumstances set out in subsection (2)(b).

        (4)         Before a local government renews a contract with its preserved CEO in circumstances set out in subsection (2)(b), the local government must take into account any determination by the Salaries and Allowances Tribunal under the Salaries and Allowances Act 1975 section 7A as to the remuneration to be paid or provided to a CEO of a local government that is of a comparable size and location.

        [Clause 43 inserted: No. 2 of 2012 s. 33.]

44 .         Section 6.14(1) does not apply to existing investments

                Section 6.14(1) as in force immediately before the coming into operation of section 19(1) of the amending Act (the amending provision ) continues to operate in respect of any investment made under section 6.14(1) before the coming into operation of the amending provision but does not operate so as to allow any reinvestment under that provision.

        [Clause 44 inserted: No. 2 of 2012 s. 33.]

Division 3 — Provisions for Local Government Legislation Amendment Act 2016

        [Heading inserted: No. 26 of 2016 s. 25.]

45 .         Term used: amending Act

                In this Division —

        amending Act means the Local Government Legislation Amendment Act 2016 .

        [Clause 45 inserted: No. 26 of 2016 s. 25.]

46 .         Part 5 Division 9: complaints

                Sections 5.110A and 5.110 (as amended by the amending Act) apply to and in relation to a complaint whether made before or after the amending Act section 15 comes into operation.

        [Clause 46 inserted: No. 26 of 2016 s. 25.]

47 .         Part 9 Division 2 Subdivision 2

        (1)         An infringement notice given under section 9.16 before the amending Act section 19 comes into operation is not invalid, and is to be taken never to have been invalid, just because the notice provided that the amount of the modified penalty may be paid to an authorised person at a particular place and did not state who are authorised persons for the purposes of receiving payment of modified penalties.

        (2)         Any extension of time for payment given under section 9.19 before the amending Act section 20 comes into operation is to be taken to have been given by the CEO of the relevant local government.

        (3)         Any withdrawal of an infringement notice before the amending Act section 21 comes into operation is to be taken to have been done by the CEO of the relevant local government.

        [Clause 47 inserted: No. 26 of 2016 s. 25.]

48 .         Schedule 2.1: transitional arrangements

                Schedule 2.1 clause 11(5A) and (5B) apply to and in relation to the termination or variation of a contract of employment whether entered into before or after the amending Act section 23 comes into operation.

        [Clause 48 inserted: No. 26 of 2016 s. 25.]

Division 4 — Provisions for the Local Government Amendment (Auditing) Act 2017

        [Heading inserted: No. 5 of 2017 s. 21(2).]

49 .         Terms used

                In this Division —

        audit contract has the meaning given in section 7.1;

        commencement day has the meaning given in section 7.1.

        [Clause 49 inserted: No. 5 of 2017 s. 21(2).]

50 .         Minister to publish status of audit contracts

                During the period beginning on commencement day and ending on the day fixed by proclamation under the Local Government Amendment (Auditing) Act 2017 section 22(2), the Minister must publish on a website maintained by the Department a list of —

            (a)         local governments that have an audit contract that is in force; and

            (b)         local governments that do not have an audit contract that is in force.

        [Clause 50 inserted: No. 5 of 2017 s. 21(2).]

51 .         Audit contracts may be terminated after completion of FY17/18 audit

        (1)         In this clause —

FY17/18 audit , in relation to a local government, means an audit of the local government conducted under section 7.9(1) in respect of the financial year ending on 30 June 2018.

        (2)         This clause applies in relation to a local government after the completion of the FY17/18 audit for the local government.

        (3)         The Departmental CEO may give notice (a notice ) to a local government specifying the date (the termination date ) on which the audit contract for the local government is to terminate.

        (4)         An audit contract in relation to which a notice is given is terminated by force of this provision on the termination date.

        (5)         The Departmental CEO may give a notice on the Departmental CEO’s own initiative.

        (6)         The Minister may —

            (a)         request the Departmental CEO to give a notice to a local government; and

            (b)         nominate the termination date to be specified in the notice.

        (7)         On request by the Minister, the Departmental CEO must give a notice to the local government specifying the termination date nominated by the Minister.

        (8)         A notice given or request made under this clause must be in writing.

        [Clause 51 inserted: No. 5 of 2017 s. 21(2).]

52 .         Audit contracts are terminated after completion of FY19/20 audit

        (1)         In this clause —

                FY19/20 audit , in relation to a local government, means an audit of the local government conducted under section 7.9(1) in respect of the financial year ending on 30 June 2020.

        (2)         An audit contract for a local government, unless earlier lawfully terminated, is terminated by force of this provision on completion of the FY19/20 audit for the local government.

        [Clause 52 inserted: No. 5 of 2017 s. 21(2).]

53 .         No breach of contract

                Anything that occurs by operation of this Division is not to be regarded as a breach of contract.

        [Clause 53 inserted: No. 5 of 2017 s. 21(2).]

54 .         Transitional regulations

        (1)         In this clause —

        specified means specified or described in the regulations;

        transitional matter —

            (a)         means a matter or issue of a transitional nature that arises as a result of the enactment of the Local Government Amendment (Auditing) Act 2017 ; and

            (b)         includes a saving or application matter.

        (2)         If there is not sufficient provision in this Division for dealing with a transitional matter, regulations under this Act may prescribe all matters that are required or necessary or convenient to be prescribed for dealing with the matter.

        (3)         Regulations made under subclause (2) may provide that specified provisions of a written law —

            (a)         do not apply to or in relation to any matter; or

            (b)         apply with specified modifications to or in relation to any matter.

        (4)         If regulations made under subclause (2) provide that a specified state of affairs is taken to have existed, or not to have existed, on and from a day that is earlier than the day on which the regulations are published in the Gazette but not earlier than the day this clause comes into operation, the regulations have effect according to their terms.

        (5)         If regulations made under subclause (2) contain a provision referred to in subclause (4), the provision does not operate so as —

            (a)         to affect in a manner prejudicial to any person (other than the State or an authority of the State) the rights of that person existing before the day of publication of those regulations; or

            (b)         to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the day of publication of those regulations.

        (6)         Regulations made under subclause (2) in relation to a matter referred to in subclause (3) must be made within whatever period is reasonably and practicably necessary to deal with a transitional matter.

        [Clause 54 inserted: No. 5 of 2017 s. 21(2).]

Division 5 — Provisions for the Local Government Legislation Amendment Act 2019

        [Heading inserted: No. 16 of 2019 s. 74(2).]

55 .         Authorised persons

        (1)         This clause applies to a person who, immediately before the day on which the Local Government Legislation Amendment Act 2019 section 64 comes into operation, was a person appointed under section 9.10(1) for the purposes of performing particular functions.

        (2)         The person is taken to be an authorised person appointed under section 9.10(2) for the purposes of this Act on the terms and conditions that were applicable to the person’s appointment under section 9.10(1) immediately before the day referred to in subclause (1).

        [Clause 55 inserted: No. 16 of 2019 s. 74(2).]

56 .         Register of gifts

        (1)         In this clause —

        commencement day means the day on which the Local Government Legislation Amendment Act 2019 section 40 comes into operation;

        former provisions means sections 5.82 and 5.83 as in force immediately before the day on which the Local Government Legislation Amendment Act 2019 section 37 comes into operation;

        former section 5.89A(7) means section 5.89A(7) as in force immediately before commencement day.

        (2)         In addition to the record required by section 5.89A(2), the register of gifts kept under section 5.89A(1) must contain a record of disclosures made under the former provisions that were recorded in the register immediately before commencement day.

        (3)         Former section 5.89A(7) continues to apply in relation to disclosures made under the former provisions that, immediately before commencement day, were being kept by the CEO and made available for public inspection under that subsection.

        [Clause 56 inserted: No. 16 of 2019 s. 74(3).]

Division 6 — Provisions for Local Government Amendment Act 2023

        [Heading inserted: No. 11 of 2023 s. 99.]

57 .         Term used: 2023 amendment Act

                In this Division —

        2023 amendment Act means the Local Government Amendment Act 2023 .

        [Clause 57 inserted: No. 11 of 2023 s. 99.]

58 .         Continued application of repealed provisions relating to membership and size of councils

        (1)         In this clause —

        amendment day means the day on which section 13 of the 2023 amendment Act comes into operation;

        transitional time , in relation to a local government, means any time that falls —

            (a)         on or after amendment day; and

            (b)         before —

                  (i)         an order has been made under section 2.16B, as inserted by section 13 of the 2023 amendment Act, specifying an estimate of the district’s population for the first time; and

                  (ii)         the provision made by the order under section 2.16B(1)(b) in respect of the specified estimate has taken effect in accordance with the provision made under section 2.16B(2).

        (2)         Despite the amendment made by section 13 of the 2023 amendment Act, section 2.17, as in force immediately before amendment day, continues to apply in relation to a local government at all transitional times.

        (3)         This clause does not apply to the City of Perth.

        [Clause 58 inserted: No. 11 of 2023 s. 99.]

59 .         Transitional orders relating to constitution of local government

        (1)         In this clause —

        amendment day means the day on which section 16 of the 2023 amendment Act comes into operation;

        election has the meaning given in section 4.1;

        election day , in relation to a local government, means —

            (a)         an ordinary election day for the local government; or

            (b)         any other day —

                  (i)         that is fixed under this Act for the holding of any poll needed for an election for the local government (whether or not any poll is actually held); and

                  (ii)         that is no later than 4 years after amendment day;

        ordinary election day , in relation to a local government, means a day —

            (a)         that is fixed under this Act for the holding of any polls needed for ordinary elections for the local government (whether or not any polls are actually held); and

            (b)         that is no later than 4 years after amendment day.

        (2)         The Governor may, by order (a transitional order ), do anything authorised under this clause.

        (3)         A transitional order may abolish all of the wards in a district on an election day for the local government.

        (4)         A transitional order may specify —

            (a)         the number of offices of councillor that a council is to have on and from an election day for the local government; and

            (b)         if relevant — the number of offices of councillor that each ward in the district is to have on and from the election day.

        (5)         A transitional order —

            (a)         may specify —

                  (i)         the number of offices of councillor that a council is to have on and from an election day for the local government until a subsequent election day for the local government; and

                  (ii)         if relevant — the number of offices of councillor that each ward in the district is to have on and from the election day until the subsequent election day;

                and

            (b)         may specify —

                  (i)         the number of offices of councillor that the council is to have on and from the subsequent election day; and

                  (ii)         if relevant —the number of offices of councillor that each ward in the district is to have on and from the subsequent election day.

        (6)         Any provision made under subclause (5)(a) has effect despite section 2.17 or 2.17A as inserted by section 13 of the 2023 amendment Act.

        (7)         A transitional order may provide for this Act to apply as if the Table to section 2.28 provided for the terms of all councillors on a council, or of all councillors on a council for a ward, to end on an ordinary election day for the local government.

        (8)         If provision is made under subclause (7) —

            (a)         the ordinary elections are to be held accordingly for the purpose of filling all offices of councillor or of councillor for the ward (as the number of those offices may be increased or decreased on the ordinary election day by provision made under subclause (4) or (5)); and

            (b)         item 4A in the Table to section 2.28, as inserted by section 19(3) of the 2023 amendment Act, applies to a councillor elected at the ordinary elections as if the provision made under subclause (7) were a provision made by a change order under section 2.18A(8) as inserted by section 16 of the 2023 amendment Act.

        (9)         A transitional order does not prevent an order being subsequently made under Part 2 in relation to a local government or district.

        (10)         The Interpretation Act 1984 section 42 applies to a transitional order as if the transitional order were regulations made under this Act.

        [Clause 59 inserted: No. 11 of 2023 s. 99.]

60 .         Enrolment eligibility claims

        (1)         Despite the amendment made by section 30(1) of the 2023 amendment Act, section 4.32(2) to (4), as in force immediately before the day on which section 30(1) of the 2023 amendment Act comes into operation, continue to apply on and after that day to enrolment eligibility claims made before that day.

        (2)         Section 4.33(1A)(a), as inserted by section 31(1) of the 2023 amendment Act, does not apply to enrolment eligibility claims made before the day on which section 31(1) of the 2023 amendment Act comes into operation.

        [Clause 60 inserted: No. 11 of 2023 s. 99.]

61 .         Electors’ special meetings

        (1)         In this clause —

        amendment day means the day on which section 60 of the 2023 amendment Act comes into operation.

        (2)         The amendment made by section 60(1) of the 2023 amendment Act does not affect the requirement to hold a special meeting on a request made before amendment day.

        (3)         Section 5.28(5), as inserted by section 60(2) of the 2023 amendment Act, does not apply if the request for the special meeting is made before amendment day.

        [Clause 61 inserted: No. 11 of 2023 s. 99.]

62 .         Transitional regulations

        (1)         In this clause —

        specified means specified or described in regulations made for the purposes of subclause (2);

        transitional matter —

            (a)         means a matter or issue of a transitional nature that arises as a result of any of the amendments to this Act, or to any other written law, made by the 2023 amendment Act; and

            (b)         includes a saving or application matter.

        (2)         Regulations may prescribe anything required, necessary or convenient to be prescribed in relation to a transitional matter.

        (3)         Without limiting subclause (2), regulations made for the purposes of that subclause may provide that specified provisions of this Act or any other written law —

            (a)         do not apply to, or in relation to, a specified matter or thing; or

            (b)         apply with specified modifications to, or in relation to, a specified matter or thing.

        [Clause 62 inserted: No. 11 of 2023 s. 99.]

Notes

This is a compilation of the Local Government Act 1995 and includes amendments made by other written laws ^{9, 10} . For provisions that have come into operation, and for information about any reprints, see the compilation table. For provisions that have not yet come into operation see the uncommenced provisions table.

Compilation table

Uncommenced provisions table

To view the text of the uncommenced provisions see Acts as passed on the WA Legislation website.

Other notes

^1M         Under the Local Government Act 1995 s. 10.3, modifications to s. 5.27, 5.28, 5.94, 6.2, 6.13, 6.33, 6.34, 6.35, 6.36, 6.45, 6.51 and 9.51 are prescribed in the Local Government (COVID-19 Response) Order 2020 (see SL 2020/57 published in Gazette 8 May 2020).

¹         Footnote no longer applicable.

²         The provisions in this Act amending the Local Government Act 1960 have been omitted under the Reprints Act 1984 s. 7(4)(e).

³         Repealed by the Mining Act 1978.

⁴         The short title of the Local Government Act 1960 was amended to the Local Government (Miscellaneous Provisions) Act 1960 by Sch. 9.2 cl. 2 of this Act. That provision has now been omitted.

⁵         Under the Land Administration Act 1997 s. 281(3) a reference in a written law to the Land Act 1933 is, unless the contrary intention appears, to be read and construed as if that reference were a reference to the Land Administration Act 1997 .

⁶         Footnote no longer applicable.

⁷         Footnote no longer applicable.

⁸         The provisions of the Local Government Act 1960 Pt. VIA as continued by Sch. 9.3 cl. 16 of this Act and amended by the Local Government (Amendment of Part VIA – Employee Superannuation) Regulations 2006 r. 4 and 5 (published: Gazette 26 May 2006 p. 1877-8) read as follows:

Part VIA — Employee Superannuation

170A.         Interpretation

        (1)         In this Part —

        City of Perth scheme means the superannuation scheme established under section 170C;

        dependant has the same definition as in section 10 of the SIS Act;

        employee and employer have the same definitions as in section 10 of the SIS Act;

        industry scheme means the WA Local Government Superannuation Plan (formerly called the W.A. Local Government Occupational Superannuation Fund) established by a trust deed dated 21 March 1990 and continued under a trust deed dated 4 November 2004;

        municipality includes a regional council;

        SIS Act means the Superannuation Industry (Supervision) Act 1993 (Cwlth) as amended from time to time.

        (2)         A reference in this Part to the City of Perth scheme is a reference to the scheme as it is amended from time to time.

        (3)         A reference in this Part to the industry scheme is a reference to the scheme as it is amended from time to time.

        [Section 170A amended: Gazette 26 May 2006 p. 1877.]

170B.         Municipalities to use industry scheme

        (1)         To provide superannuation and other benefits for its employees and their dependants, a municipality shall participate in and comply with the industry scheme.

        (2)         A municipality shall exercise such powers and discharge such obligations as are necessary to give effect to the industry scheme.

        (3)         Subsections (1) and (2) do not apply in respect of an employee if under section 170D, or the City of Perth Act 2016 section 23, a municipality has to participate in and comply with the City of Perth scheme in respect of that employee.

        (4)         Subsections (1) and (2) apply to the City of Perth only in respect of those of its employees who are not members of the City of Perth scheme.

        (5)         If, in respect of an employee for any period —

            (a)         there is a chosen fund for the employee throughout the period; and

            (b)         the chosen fund is not the industry scheme; and

            (c)         the municipality makes the minimum SG contributions for the employee for that period to the chosen fund,

                the amount that the municipality would, but for this subsection, be required under subsection (1) and the industry scheme trust deed to contribute to the industry scheme for that employee for that period is reduced by the amount of those minimum SG contributions made to the chosen fund.

        (6)         In subsection (5) —

            (a)         the following terms have the same meanings as they have in the Superannuation Guarantee (Administration) Act 1992 (Cwlth) —

                  (i)         chosen fund for the employer;

                  (ii)         individual superannuation guarantee shortfall;

                and

            (b)         a reference to a municipality making the minimum SG contributions for an employee for a period is a reference to the municipality making the contributions necessary for it to avoid incurring an individual superannuation guarantee shortfall in respect of the employee in respect of that period.

        [Section 170B amended: Gazette 26 May 2006 p. 1878; No. 2 of 2016 s. 31.]

170C.         City of Perth scheme

        (1)         The City of Perth shall establish a scheme that accords with the SIS Act to provide superannuation and other benefits for its employees and their dependants and for those of its former employees (and their dependants) whose employers, by virtue of section 170D or the City of Perth Act 2016 section 23, are required to participate in and comply with the scheme.

        (2)         The City of Perth shall participate in and comply with the City of Perth scheme.

        (3)         The City of Perth shall exercise such powers and discharge such obligations as are necessary to give effect to the City of Perth scheme.

        (4)         A person who becomes an employee of the City of Perth shall be a member of and subject to the City of Perth scheme unless he or she elects to be a member of the industry scheme.

        [Section 170C amended: No. 2 of 2016 s. 32.]

170D.         City of Perth scheme members who become employed by a regional council

        (1)         If a person —

            (a)         is a member of the City of Perth scheme; and

            (b)         becomes an employee of a regional council of which the City of Perth is a constituent municipality,

                then, despite section 170B, the regional council shall, in respect of that person, participate in and comply with the City of Perth scheme in the same way and to the same extent as the City of Perth would be required to if the person were its employee; unless the person elects to become a member of the industry scheme.

        (2)         A person referred to in subsection (1) does not cease to be a member of the City of Perth scheme by reason only of ceasing to be an employee of the City of Perth.

170E.         Other superannuation schemes

                Nothing in this Part prevents a municipality from participating, in respect of an employee of the municipality, in a superannuation scheme in addition to either the industry scheme or the City of Perth scheme (as the case may be) if the municipality and the employee agree to participate in that other scheme.

⁹         The Local Government Act 1995 is affected by the Dampier to Bunbury Pipeline Act 1997 Sch. 4 cl. 36, which reads as follows:

36.         Payment in place of local government rates

        (1)         The DBNGP Land Access Minister is not liable to pay rates in respect of land in the DBNGP corridor.

        (2)         A holder of rights conferred under section 34 of this Act or the holder’s nominee approved under section 34(3) of this Act is not, as the holder of those rights or the holder’s nominee, liable to pay rates.

        (3)         The DBNGP Land Access Minister is to pay to each local government in the district of which there is any utilized corridor land an amount equivalent to the rates that would have been assessable in the hands of an owner holding the fee simple in the land whose rates were assessable on the basis of unimproved value.

        (4)         An amount payable under subclause (3) is to be treated for the purposes of Part 4 of this Act as a part of the cost of administering that Part.

        (5)         In this clause —

        DBNGP corridor and DBNGP Land Access Minister have the meanings given by section 27 of this Act;

        rates means rates under the Local Government Act 1995 ;

        utilized corridor land means land in the DBNGP corridor in respect of which rights under section 34 of this Act are held, regardless of whether rights are held by one holder or several holders.

¹⁰         The Local Government Act 1995 is affected by the Gas Corporation (Business Disposal) Act 1999 s. 67, which reads as follows:

67.         Presence of pipeline does not constitute occupation of land

                Despite anything to the contrary in the Local Government Act 1995 , land is not to be regarded as being occupied for the purposes of that Act merely because —

            (a)         there is on or under that land any pipe or system of pipes for or incidental to the transport of gas in respect of which a distribution licence has been issued under Part 2A of the Energy Coordination Act 1994 ; or

            (b)         a person is the holder of a distribution licence under Part 2A of the Energy Coordination Act 1994 in respect of a distribution system that is on or under that land.

¹¹         The Local Government (Consequential Amendments) Act 1996 s. 7 and 8 read as follows:

7.         Transitional matters relating to by-laws

        (1)         If, when this Act comes into operation —

            (a)         a local government has resolved to make a by-law under the Bush Fires Act 1954 , the City of Perth Parking Facilities Act 1956 or the Health Act 1911 ; but

            (b)         the by-law has not been published in the Gazette ,

                the process of making, confirming or approving, and publishing the by-law may be completed as if this Act and the Local Government Act 1995 had not come into operation.

        (2)         If, when this Act comes into operation —

            (a)         a local government has —

                  (i)         resolved to make a by-law under the Cemeteries Act 1986 , the Control of Vehicles (Off-road Areas) Act 1978 or the Dog Act 1976 ; and

                  (ii)         caused a notice of intention to submit the by-law for confirmation or approval by the Governor to be published;

                but

            (b)         the by-law has not been published in the Gazette ,

                the process of making, confirming or approving, and publishing the by-law may be completed as if this Act and the Local Government Act 1995 had not come into operation.

        (3)         A by-law that is made, confirmed or approved, or published in accordance with subsection (1) or (2) becomes a local law as soon as it is published in the Gazette .

        (4)         If, when this Act comes into operation —

            (a)         a local government has resolved to make a by-law under the Cemeteries Act 1986 , the Control of Vehicles (Off-road Areas) Act 1978 or the Dog Act 1976 ; but

            (b)         a notice of intention to submit the by-law for confirmation or approval by the Governor has not been published,

                the resolution ceases to have effect as a resolution to make a by-law and instead has effect as if it were a resolution under that Act as amended by this Act proposing to make a local law to the same effect.

        (5)         This section ceases to operate on the day 6 months after this Act comes into operation.

8.         Transitional regulations

        (1)         If there is no sufficient provision in this Act for dealing with a transitional matter, the Governor may make regulations prescribing all matters that are required, or are necessary or convenient, for dealing with that transitional matter.

        (2)         Regulations made under subsection (1) may have effect before the day on which they are published in the Gazette .

        (3)         To the extent that a regulation made under subsection (1) may have effect before the day of its publication in the Gazette , it does not —

            (a)         affect in a manner prejudicial to any person (other than the State or a local government), the rights of that person existing before the day of its publication; or

            (b)         impose liabilities on any person (other than the State or a local government) in respect of anything done or omitted to be done before the day of its publication.

        (4)         In subsection (1) —

        transitional matter means a matter that needs to be dealt with for the purpose of effecting the transition from the provisions of the Acts amended by this Act as in force before this Act comes into operation to the provisions of those Acts as in force after this Act comes into operation.

¹²         The Local Government Amendment Act 1998 s. 5(2)-(4) and 14(2) are transitional provisions that are of no further effect.

¹³         The amendment purported to be made by the Local Government Amendment Act 1998 s. 28 is not included because prior to its commencement cl. 4(2) of Sch. 9.2 had been previously amended by the Statutes (Repeals and Minor Amendments) Act 1997 s. 81(1).

¹⁴         The Local Government Amendment Act (No. 2) 1998 s. 14(3) reads as follows:

        (3)         The amendments made by this section have no effect in relation to a notice given under section 3.49 before the commencement of this section or anything done in consequence of such a notice.

¹⁵         The Local Government Amendment Act (No. 2) 1998 s. 56 is a transitional provision that is of no further effect.

¹⁶         The Perth Parking Management (Consequential Provisions) Act 1999 s. 5(2) is a transitional provision that is of no further effect.

¹⁷         The Corporations (Consequential Amendments) Act (No. 3) 2003 s. 2-4 read as follows:

2.         Commencement

        (1)         If this Act receives the Royal Assent before the day on which Schedule 1 to the Financial Services Reform Act comes into operation, this Act comes into operation at the same time as that Schedule comes into operation.

        (2)         If this Act receives the Royal Assent on or after the day on which Schedule 1 to the Financial Services Reform Act comes into operation, this Act is deemed to have come into operation at the same time as that Schedule comes into operation.

3.         Interpretation

                In this Part —

        Financial Services Reform Act means the Financial Services Reform Act 2001 of the Commonwealth;

        FSR commencement time means the time when Schedule 1 to the Financial Services Reform Act comes into operation;

        statutory rule means a regulation, rule or by-law.

4.         Validation

        (1)         This section applies if this Act comes into operation under section 2(2).

        (2)         Anything done or omitted to have been done after the FSR commencement time and before this Act receives the Royal Assent that could have been done if this Act had received the Royal Assent before the FSR commencement time is taken to be as valid and lawful, and to always have been as valid and lawful, as it would have been if this Act had received the Royal Assent before the FSR commencement time.

        (3)         Anything done or omitted to have been done by a person after the FSR commencement time and before this Act received the Royal Assent that would have been valid and lawful if the Financial Services Reform Act had not commenced, is taken to be valid and lawful.

        (4)         Anything done or omitted to have been done after the FSR commencement time and before this Act receives the Royal Assent —

            (a)         that could only have been validly and lawfully done or omitted because this Act received the Royal Assent after the FSR commencement time; and

            (b)         that could not have been validly and lawfully done or omitted if this Act had received the Royal Assent before the FSR commencement time,

                is taken not to be valid, and to never have been valid.

¹⁸         The Local Government Amendment Act 2004 s. 30(2) reads as follows:

        (2)         Despite subsection (1), if the day for an election, referendum or other poll was fixed under the Local Government Act 1995 before the commencement of this section, sections 4.1A and 4.1B of that Act as inserted by subsection (1) do not apply in respect of that election, referendum or other poll.

¹⁹         The Local Government Amendment Act 2004 s. 67(6) reads as follows:

        (6)         Schedule 2.1 of the Local Government Act 1995 as in force immediately before the commencement of this section applies to and in respect of any proposal made under clause 2 of that Schedule before that commencement.

²⁰         The Local Government Amendment Act 2004 s. 14, which gives effect to Sch. 2, reads as follows:

14.         Transitional and validation provisions — Schedule 2

                Schedule 2 has effect.

Schedule 2 reads as follows:

Schedule 2 -- Transitional and validation provisions -- WALGA

[s. 14]

1.         Interpretation

                In this Schedule —

        anything done means anything done, or omitted, or purported to be done or omitted;

        commencement means the commencement of section 10;

        body previously constituted under section 9.58 means a body constituted under section 9.58 of the Local Government Act 1995 before the commencement;

        WALGA means the Western Australian Local Government Association constituted under section 9.58 of the Local Government Act 1995 after the commencement.

2.         WALGA successor in law to bodies previously constituted under section 9.58

        (1)         On the commencement, WALGA becomes the successor in law of each body previously constituted under section 9.58.

        (2)         In particular —

            (a)         each body previously constituted under section 9.58 is dissolved;

            (b)         the property of each body previously constituted under section 9.58 becomes the property of WALGA;

            (c)         all assets, liabilities, rights and duties of the body previously constituted under section 9.58 becomes the assets, liabilities, rights and duties of WALGA;

            (d)         any proceedings or remedy that immediately before the commencement might have been brought or continued by or available against or to a body previously constituted under section 9.58, may be brought or continued and are available, by or against or to WALGA;

            (e)         WALGA is to take delivery of all papers, documents, minutes, books of account and other records (however compiled, recorded or stored) relating to the operations of each body previously constituted under section 9.58.

3.         Agreements and instruments

                Any agreement or instrument subsisting immediately before the commencement —

            (a)         to which a body previously constituted under section 9.58 was a party; or

            (b)         which contains a reference to a body previously constituted under section 9.58,

                has effect after the commencement as if —

            (c)         WALGA were substituted for the body previously constituted under section 9.58 as a party to the agreement or instrument; and

            (d)         any reference in the agreement or instrument to the body previously constituted under section 9.58 were (unless the context otherwise requires) amended to be or include a reference to WALGA.

4.         Validation

                Anything done before the commencement under the name of WALGA, or the Western Australian Local Government Association, by, to, or in respect of, a body previously constituted under section 9.58 is as valid and effective, and is to be taken to have always been as valid and effective, as it would have been had the thing been done after the commencement by, to, or in respect of WALGA.

5.         Interpretation Act 1984 not affected

                Nothing in this Schedule is to be construed so as to limit the operation of the Interpretation Act 1984 .

²¹         The Local Government Amendment Act 2004 s. 73(3) reads as follows:

73.         Schedule 9.3 amended and validation

        (3)         The amendment effected by subsection (2) is to be taken to have come into operation on the day on which the Local Government Act 1995 came into operation and any laws referred to in —

            (a)         subclause (4a)(a) of that amendment are to be taken to have applied from that day; and

            (b)         subclause (4a)(b) of that amendment are to be taken to have applied from the day on which the local law commenced.

²²         The Local Government Amendment Act 2004 s. 16(1)-(3) and (5) had not come into operation when they were deleted by the Statutes (Repeals and Miscellaneous Amendments) Act 2009 s. 88.

²³         The Local Government Amendment Act 2004 s. 19(2), 20 and 38(3) had not come into operation when they were deleted by the Local Government Amendment Act 2009 s. 48.

²⁴         The Courts Legislation Amendment and Repeal Act 2004 Sch. 2 cl. 28 was deleted by the Criminal Law and Evidence Amendment Act 2008 s. 77(13).

²⁵         The State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 Pt. 5, the State Administrative Tribunal Act 2004 s. 167 and 169, and the State Administrative Tribunal Regulations 2004 r. 28 and 42 deal with certain transitional issues some of which may be relevant for this Act.

²⁶         The State Administrative Tribunal Regulations 2004 r. 56 reads as follows:

56.         Local Government Act 1995

        (1)         In this regulation —

        commencement day means the day on which the State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 Part 2 Division 76 comes into operation;

        the LG Act means the Local Government Act 1995 .

        (2)         If a local government receives, before the commencement day, a notice in accordance with the LG Act section 6.77 (as in force when the notice was received by the local government) but does not before the commencement day refer the decision referred to in the notice to a Land Valuation Tribunal as an appeal, on and after the commencement day the local government must refer the notice to the State Administrative Tribunal and the notice is to be taken to be an application to the Tribunal for a review of the decision under the LG Act section 6.77.

        (3)         If a local government receives, before the commencement day, a notice in accordance with the LG Act section 6.78 (as in force when the notice was received by the local government) but does not before the commencement day refer the decision referred to in the notice to a Land Valuation Tribunal as an appeal, on and after the commencement day the local government must refer the notice to the State Administrative Tribunal and the notice is to be taken to be an application to the Tribunal for a review of the decision under the LG Act section 6.78.

²⁷         References to the Executive Director were replaced by references to the Departmental CEO, see the Machinery of Government (Miscellaneous Amendments) Act 2006 Pt. 12 Div. 3. Section 454 of that Act is a general transitional provision that applies to references to the Executive Director in written laws.

²⁸         The Local Government Amendment (Auditing) Act 2017 s. 22 reads as follows:

22.         Superseded provisions to be deleted

        (1)         In this section —

        superseded provisions means the following provisions of the Local Government Act 1995 —

            (a)         section 5.43(c);

            (b)         in section 7.1, the definitions of approved auditor , disqualified person , qualified person and registered company auditor ;

            (c)         Part 7 Division 2;

            (d)         Part 7 Division 3;

            (e)         section 7.12AA;

            (f)         section 7.12AF;

            (g)         section 7.13(1)(ab)(i), (ac), (a)-(e), (g) and (h).

        (2)         The superseded provisions are deleted on a day fixed by proclamation.

        (3)         A proclamation cannot be made under subsection (2) unless the Minister is satisfied that there is no reason for the superseded provisions to remain in operation.

        (4)         This section is deleted immediately after the superseded provisions are deleted.

        Note for Part 7:

                The description at the beginning of Part 7 is to be altered by:

            (a)         deleting “ the financial accounts of ”;

            (b)         deleting paragraph (a) and inserting:

            (a)         the establishment of audit committees; and

Defined terms



[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term         Provision(s)

2023 amendment Act         Sch. 9.3 cl. 57

abandoned vehicle wreck         3.40A(5)

absent vote         4.67

absolute majority         1.4

Absolute majority required         1.9

acquire         3.59(1)

action report         7.13(1)

additional purpose         6.8(1a)

address         5.74(1)

Advisory Board         1.4

affected electors         Sch. 2.1 cl. 1, Sch. 2.2 cl. 1

affected local government         Sch. 2.1 cl. 1

affected person         9.2

agreement         7.13(1)

alleged offender         3.38

amending Act         Sch. 9.3 cl. 14A(1), 42, 45

amending provision         Sch. 9.3 cl. 44

amendment day         Sch. 9.3 cl. 58(1), 59(1), 61(1)

amount misapplied         8.35(3)

an authorised person         8.3(6)

annual budget         6.1

annual return         5.74(1)

approved auditor         7.1

arrangement         5.49(1)

audit         7.1

audit committee         7.1

audit contract         7.1, Sch. 9.3 cl. 49

auditor         1.4

Auditor General Act         7.1

audit report         7.1

authorisation         9.2

authorised employee         9.31

authorised land officer         9.69(1)

authorised person         8.1, 8.35(3), 9.10(5), 9.13(1), 9.15

Authority         9.69(1)

ballot paper         Sch. 4.1 cl. 7

breach         5.102A

budget deficiency         6.1

candidate         5.102A, Sch. 4.1A cl. 5(2), 11(2)

candidate A         4.81(4), Sch. 2.3 cl. 12(4)

candidate B         4.81(4), Sch. 2.3 cl. 12(4)

caretaker period         1.4, 1.4A(1)

CEO         1.4

certified copy         9.31

change order         2.18A(1)

close of enrolments         4.39(1)

close of nominations         4.49

commencement day         7.1, Sch. 9.3 cl. 1, 49, 56(1)

commissioner         1.4

committee         5.1

committee meeting         5.98(7)

committee member         5.100(1)

complaints officer         5.102A

concurrent election         Sch. 4.1B cl. 1(1)

conditions         5.44(5)

continuing authority         Sch. 9.3 cl. 1

continuing candidate         Sch. 4.1A cl. 8(2), Sch. 4.1B cl. 4(1), Sch. 4.1 cl. 7

contravention that can lead to impounding         3.38

corporation         5.74(1)

council         1.4

councillor         1.4

councillor mayor or president         1.4

council meeting         5.23A(1)

council proceedings         9.57A(1)

court         3.26(5)

COVID emergency declaration         10.1

Crown lands         1.4

Crown lease         1.4

Crown lessee         1.4

debt         5.85(3)

deceptive material         4.88(4)

decision         5.125(2), 9.2

Department         1.4

Departmental CEO         1.4

designated employee         5.74(1), Sch. 9.3 cl. 1

determined         5.98(1A), 5.100(1)

detriment         4.85(4)

differential general rate         6.1

dispose         3.58(1), 3.59(1)

disposition of real property         5.86(3)

disqualification offence         8.15D

disqualified         2.27(1)

disqualified person         7.1, 7.4(2)

district         1.4

districts         Sch. 2.1 cl. 8(1)

disused material         Sch. 3.1

early vote         4.67

elected candidate         Sch. 4.1 cl. 9(1), 10(1)

election         2.16A, 4.1, 4.36(2), Sch. 2.3 cl. 10,

Sch. 4.1A cl. 8(2), 11(2), Sch. 9.3 cl. 59(1)

election day         2.16A, 4.1, Sch. 4.1B cl. 1(2), Sch. 9.3 cl. 59(1)

election notice         4.1, 4.64(2)

election year         1.4

elector         1.4

Electoral Commissioner         1.4

electoral conduct         4.85(4)

Electoral Division         4.1A(6)

electoral gift         5.62(2)

electoral material         4.87(3)

electoral officer         4.1

electoral requirements         1.4, 4.1

electoral roll         4.1

electorate         4.29(1), 4.30(1), Sch. 9.3 cl. 12(2)

elector mayor or president         1.4

electors         5.26

electronic broadcasting         5.23A(1)

eligible body         5.49(1)

emergency         9.63A(1)

employee         1.4, 5.48(1), 5.70(1), (2)

enrolment information         4.46A(1)

entitled person         6.67(3)

establishment agreement         3.61(2)

event         5.90A(1)

excluded candidate         Sch. 4.1 cl. 5(2)

excluded provision         9.63A(1)

existing roll         Sch. 9.3 cl. 12(1)

extension order         8.15F(3)

extent         5.59

extraordinary election         1.4, 4.8(3)

extraordinary vacancy         Sch. 2.3 cl. 1, 6

financial audit         7.1

financial year         1.4

first-preference ballot paper         Sch. 4.1 cl. 7

first-preference vote         4.73(6), Sch. 4.1A cl. 5(2),

Sch. 4.1B cl. 3(4), Sch. 4.1 cl. 1, Sch. 4.2

first unelected candidate         Sch. 4.1A cl. 11(2), Sch. 4.1B cl. 5(1)

former district         Sch. 9.3 cl. 1

former member         Sch. 4.1A cl. 1, Sch. 4.1B cl. 1(1)

former municipality         Sch. 9.3 cl. 1

former provisions         2.22(3), Sch. 9.3 cl. 1, 56(1)

former section         Sch. 9.3 cl. 38(1)

former section 300         3.53(1)

former section 5.89A(7)         Sch. 9.3 cl. 56(1)

former valuation         Sch. 6.1 cl. 1(2)

FY17/18 audit         Sch. 9.3 cl. 51(1)

FY19/20 audit         Sch. 9.3 cl. 52(1)

general funds         6.21(4)

general rate         6.1

gift         5.57

goods         3.38

Government agreement         6.25

Government Statistician         2.16B(8)

gross rental value         6.25

inaugural election         1.4, 4.2(2)

income         5.80(4)

indictable penalty         2.22(3)

inquiry         8.1

Inquiry Panel         1.4

interest         5.79(3), 5.84(2)

interest relating to a gift         5.59

interim valuation         6.25

invalidity complaint         4.80(2), Sch. 2.3 cl. 11(2)

judicial proceedings         9.69(1)

land transaction         3.59(1)

last count         Sch. 4.1A cl. 8(2), Sch. 4.1B cl. 4(1)

later transfer         Sch. 4.1 cl. 15(3)

law         9.10(1)

lease         6.60(1)

lessee         6.60(1)

lessor         6.60(1)

local government         1.4, 9.15

local government audit         7.1

local government property         1.4

local public notice         1.4

long service benefit         5.48(1)

major land transaction         3.59(1)

major trading undertaking         3.59(1)

making         3.12(8)

matter         9.57A(1)

mayor or president election         Sch. 4.1B cl. 1(1)

meeting minutes         9.37(2)

member         1.4, 5.59, Sch. 2.5 cl. 1, Sch. 5.1 cl. 1

member of a parliament         2.20(2)

metropolitan area         1.4

minimum payment         6.1

minor breach         5.102A

model code         5.102A

model standards         5.39B(1)

municipal fund         1.4

new ordinary election day provisions         Sch. 9.3 cl. 14A(1)

new valuation         Sch. 6.1 cl. 1(2)

nomination place         4.47(2)

non-perishable goods         3.38

notice         Sch. 2.1 cl. 1, Sch. 9.3 cl. 51(3)

notice recipient         3.26(2)

occupier         1.4, 2.19(2B)

offence         2.22(3)

office         Sch. 2.3 cl. 1, 6

officially certified         9.48(2)

official plan         9.48(2)

one office election         Sch. 4.1 cl. 1

on which the order is based         8.15D

ordinary election         1.4, 4.4(2)

ordinary election day         2.16A, Sch. 9.3 cl. 59(1)

ordinary elections day         1.4

original declaration         4.81(5)

original former member         Sch. 4.1A cl. 14

original order         8.15G(1)

original vacancy         Sch. 4.1A cl. 14

original valuations         Sch. 6.1 cl. 2(2)

other person         5.9(1)

otherwise unvested facility         3.53(1)

owner         1.4, 6.25, 9.13(1), 9.15

park         Sch. 9.1 cl. 1(1)

parking facilities         Sch. 9.1 cl. 1(1)

parking region         Sch. 9.1 cl. 1(1)

participants         3.61(1)

party         5.102A

performance audit         7.1

person having an interest         3.51(1)

person X         4.46A(1)

person Y         4.46A(6)

person Z         4.46A(8)

polling place         4.1

population         2.16A

postal election         4.61(1)

power of sale         6.68(1)

power to borrow         6.20(2)

power to lease         6.65

preference vote         4.73(6), Sch. 4.1 cl. 1

prescribed         1.4, 9.13(1), 9.15

prescribed financial market         5.84(2)

preserved CEO         Sch. 9.3 cl. 43(1)

primary return         5.74(1)

primary standards panel         5.102A, 5.122(1)

print         4.87(3), 4.88(4)

private land         Sch. 9.1 cl. 7(1)

private thoroughfare         Sch. 3.1, Sch. 9.1 cl. 7(1)

proceedings         9.29(1)

property         3.58(1)

proposal         Sch. 2.1 cl. 1

proposal land         5.60B(2)

public facility         9.46(4)

publish         4.88(4), 5.90(2)

qualified person         7.1

quota         Sch. 4.1 cl. 7

rate         9.40(3)

rate record         6.25

recording         5.23A(1)

recurrent breach         5.102A

regional local government         1.4

regional purpose         3.62(2)

regional subsidiary         1.4, 3.69(1)

registered company auditor         7.1

regulations         7.1

reinstatement         8.15D

relative         5.74(1)

relevant district         2.45(2)

relevant election         1.4A(2)

relevant gift         5.71B(1)

relevant information         4.52(1)

relevant interest         6.29(1)

relevant official         Sch. 2.1 cl. 12(1)

relevant period         4.88(4)

relevant person         5.59, 5.74(1)

relevant rateable property         4.32(3D)

return         5.74(1)

return period         5.74(1)

review         Sch. 2.2 cl. 1

reward         4.85(4)

rule of conduct         5.102A

second placed candidate         Sch. 4.1A cl. 5(2), 8(2), Sch. 4.1B cl. 4(1)

second unelected candidate         Sch. 4.1A cl. 11(2)

serious breach         5.102A

serious local government offence         2.22(3)

service charge         6.1, 6.42, 6.54, 6.63

show cause notice         8.15B(1)

specified         3.38, 9.10(1), Sch. 9.3 cl. 54(1), 62(1)

specified area rate         6.1

stand         Sch. 9.1 cl. 1(1)

standards panel         5.102A

start day         5.74(1)

Statewide public notice         1.4

statutory provision administered by the local government         9.28(2)

submission         Sch. 2.2 cl. 1

supplementary audit         7.1

supplied copy         4.42(3)

supply         4.46A(1)

surplus fraction         Sch. 4.1 cl. 10(3)

surplus votes         Sch. 4.1 cl. 7

suspended order         5.117(2)

termination date         Sch. 9.3 cl. 51(3)

the authorised person         8.3(6)

third placed candidate         Sch. 4.1A cl. 5(2), 8(2)

this Act         4.1

this Part         4.1

thoroughfare         1.4

tied candidates         Sch. 4.1 cl. 16(1)

trading undertaking         3.59(1)

transferred ballot paper         Sch. 4.1 cl. 7

transfer value         Sch. 4.1 cl. 7, 9(3), 10(3), 11(3), 11(4)

transitional matter         Sch. 9.3 cl. 54(1), 62(1)

transitional order         Sch. 9.3 cl. 59(2)

transitional time         Sch. 9.3 cl. 58(1)

travel         5.57

travel contribution         5.57

trust fund         6.1

unelected candidate         Sch. 4.1A cl. 11(2), Sch. 4.1B cl. 5(1)

unimproved value         6.25

unsightly         Sch. 3.1

unsuccessful candidate         Sch. 4.1A cl. 4(1)

use         4.46A(1)

vacancy day         Sch. 4.1A cl. 1, 2(1)

vacant land         6.25

value         5.62(2)

vehicle         3.38

vehicle offence         9.13(1)

votes         Sch. 4.1A cl. 11(2), Sch. 4.1B cl. 5(1), Sch. 4.1 cl. 7, Sch. 4.2

voting in person election         4.61(1)

voting papers         4.71(2)

WALGA         1.4

ward         1.4

WCIM Act         5.49(1)

WorkCover WA         5.49(1)

working day         Sch. 4.1A cl. 1

© State of Western Australia 2024

.

This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au .

Attribute work as: © State of Western Australia 2024

.

By Authority: GEOFF O. LAWN, Government Printer