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Queensland
Local Government and Other
Legislation Amendment
Bill 2012
Queensland
Local Government and Other Legislation
Amendment Bill 2012
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Part 2 Amendment of City of Brisbane Act 2010
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
4 Amendment of s 5 (Relationship with Local Government Act) . . . 13
5 Amendment of s 11 (Powers of council generally) . . . . . . . . . . . . 13
6 Amendment of s 12 (Power includes power to conduct joint
government activities) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
7 Amendment of s 14 (Responsibilities of councillors) . . . . . . . . . . 14
8 Amendment of s 25 (Chairperson of the council) . . . . . . . . . . . . . 14
9 Amendment of s 27 (What this part is about) . . . . . . . . . . . . . . . . 14
10 Replacement of ss 30 and 31. . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
30 Local law making process . . . . . . . . . . . . . . . . . . . . . 15
31 State interest check . . . . . . . . . . . . . . . . . . . . . . . . . . 15
11 Amendment of s 32 (Notice of new local law) . . . . . . . . . . . . . . . 16
12 Amendment of s 34 (Local law register) . . . . . . . . . . . . . . . . . . . . 17
13 Amendment of s 35 (Consolidated versions of local laws) . . . . . . 17
14 Omission of s 36 (Regular review of local laws) . . . . . . . . . . . . . . 18
15 Amendment of s 40 (Development processes) . . . . . . . . . . . . . . 18
16 Amendment of s 42 (Suspending or revoking particular local laws) 18
17 Insertion of new s 42B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
42B Owners' liability for party houses . . . . . . . . . . . . . . . . 19
18 Replacement of s 44 (Conducting beneficial enterprises) . . . . . . 20
44 Conducting beneficial enterprises . . . . . . . . . . . . . . . 21
19 Replacement of s 45 (Register of beneficial enterprises) . . . . . . 22
Local Government and Other Legislation Amendment Bill 2012
Contents
45 Identifying beneficial enterprises . . . . . . . . . . . . . . . . 22
20 Omission of s 46 (Planning for a beneficial enterprise with the
private sector). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
21 Amendment of s 48 (Ways to apply the competitive neutrality
principle) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
22 Omission of ch 3, pt 3, divs 3 and 4 . . . . . . . . . . . . . . . . . . . . . . . 23
23 Amendment of s 66 (Control of roads) . . . . . . . . . . . . . . . . . . . . . 23
24 Amendment of s 67 (Notice of intention to acquire land to widen a
road) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
25 Amendment of s 69 (Appeal on a claim for compensation) . . . . . 23
26 Amendment of s 72 (Compensation if realignment not carried out) 24
27 Amendment of s 75 (Closing roads). . . . . . . . . . . . . . . . . . . . . . . 24
28 Amendment of s 92 (Materials in infrastructure are council property) 24
29 Amendment of ch 4, pt 3 hdg (Financial sustainability and
accountability) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
30 Amendment of s 103 (Systems of financial management) . . . . . . 25
31 Amendment of s 106 (Councillor's discretionary funds) . . . . . . . . 25
32 Replacement of s 112 (Gathering information) . . . . . . . . . . . . . . 26
112 Gathering information. . . . . . . . . . . . . . . . . . . . . . . . . 26
33 Amendment of s 127 (What this division is about) . . . . . . . . . . . . 26
34 Insertion of new s 127A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
127A Notices for this division. . . . . . . . . . . . . . . . . . . . . . . . 27
35 Amendment of s 128 (Identity card for council workers) . . . . . . . 28
36 Amendment of s 130 (Entry by an owner, with reasonable written
notice, under a remedial notice) . . . . . . . . . . . . . . . . . . . . . . . . . . 28
37 Amendment of s 132 (Entry by a council worker, with reasonable
written notice, under a remedial notice) . . . . . . . . . . . . . . . . . . . . 29
38 Amendment of s 133 (Entry by a council worker, with reasonable
written notice, to take materials). . . . . . . . . . . . . . . . . . . . . . . . . . 30
39 Amendment of s 148 (Obstructing enforcement of this Act or
local laws etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
40 Amendment of s 155 (Disqualification because of other high office) 30
41 Insertion of new s 160A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
160A Compulsory leave without pay . . . . . . . . . . . . . . . . . . 31
42 Omission of s 168 (Councillors and full-time government jobs) . . 31
43 Replacement of s 171 (Requests for help or advice) . . . . . . . . . . 31
171 Requests for assistance or information . . . . . . . . . . . 31
44 Amendment of s 173 (Use of information by councillors) . . . . . . . 32
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Local Government and Other Legislation Amendment Bill 2012
Contents
45 Insertion of new s 173A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
173A Prohibited conduct by councillor in possession of inside
information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
46 Amendment of s 174 (Councillor's material personal interest at a
meeting) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
47 Amendment of s 175 (Councillor's conflict of interest at a meeting) 35
48 Omission of s 176 (Duty to report another councillor's material
personal interest, conflict of interest or misconduct) . . . . . . . . . . 36
49 Replacement of ss 178-180. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
178 What this division is about . . . . . . . . . . . . . . . . . . . . . 37
178A Application to former councillors . . . . . . . . . . . . . . . . 39
179 Preliminary assessments of complaints . . . . . . . . . . . 39
180 Action after preliminary assessments. . . . . . . . . . . . . 40
50 Amendment of s 180A (Preliminary dealings with complaints
before hearing) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
51 Amendment of s 182 (Hearing and deciding complaints). . . . . . . 42
52 Amendment of s 183 (Taking disciplinary action--BCC councillor
conduct review panel). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
53 Replacement of s 183A (Taking disciplinary action--tribunal) . . . 44
183A Records about complaints . . . . . . . . . . . . . . . . . . . . . 44
54 Omission of ss 184 and 185. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
55 Insertion of new ch 6, pt 2, div 7. . . . . . . . . . . . . . . . . . . . . . . . . . 45
Division 7 Conduct in meetings of the council
186A Conduct in meetings of the council or its committees 45
56 Amendment of s 191 (Appointing an acting chief executive officer) 46
57 Amendment of s 194 (Disciplinary action against council employees) 46
58 Amendment of s 196 (Improper conduct by council employees) . 47
59 Amendment of s 197 (Use of information by council employees). 47
60 Replacement of s 198 (Annual report must detail remuneration) . 48
198 Annual report must detail remuneration . . . . . . . . . . . 48
61 Amendment of s 215 (False or misleading information) . . . . . . . . 48
62 Amendment of s 216 (Administrators who act honestly and without
negligence are protected from liability). . . . . . . . . . . . . . . . . . . . . 48
63 Amendment of s 217 (Who is authorised to sign council documents) 49
64 Amendment of s 218 (Name in proceedings by or against council) 49
65 Amendment of s 238 (Delegation of council powers) . . . . . . . . . . 49
66 Amendment of s 239 (Delegation of chief executive officer's powers) 50
67 Replacement of s 244 (Requirements for particular guidelines) . 50
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244 Acceptable requests guidelines . . . . . . . . . . . . . . . . . 50
68 Omission of s 249 (Review of this Act). . . . . . . . . . . . . . . . . . . . . 50
69 Insertion of new s 250A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
250A Advisory polls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
70 Amendment of s 252 (Regulation-making power) . . . . . . . . . . . . 51
71 Insertion of new ch 8, pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
Part 5 Transitional provisions for Local Government
and Other Legislation Amendment Act 2012
267 Change in dealing with complaints. . . . . . . . . . . . . . . 51
268 Change in process for making local laws . . . . . . . . . . 52
72 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 52
Part 3 Amendment of Local Government Act 2009
73 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
74 Amendment of s 5 (Relationship with City of Brisbane Act 2010) 54
75 Amendment of s 7 (What this part is about) . . . . . . . . . . . . . . . . . 55
76 Amendment of s 9 (Powers of local governments generally) . . . . 55
77 Replacement of s 11 (Who a local government is constituted by) 55
11 Local governments are bodies corporate etc. . . . . . . 55
78 Amendment of s 12 (Responsibilities of councillors) . . . . . . . . . . 55
79 Amendment of s 13 (Responsibilities of local government
employees) ....................................... 56
80 Insertion of new ch 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
Chapter 2A Joint local governments
Part 1 Preliminary
25A What this chapter is about . . . . . . . . . . . . . . . . . . . . . 57
Part 2 Establishment and operation of joint local
governments
25B Constitution of joint local governments. . . . . . . . . . . . 57
25C Establishment of joint local governments . . . . . . . . . . 58
25D Joint local governments are bodies corporate etc.. . . 59
25E Powers of joint local governments generally . . . . . . . 59
25F Restriction on power to make or levy rates and charges 60
25G Limitation on powers of a component local government 60
25H Chairperson and deputy chairperson . . . . . . . . . . . . . 60
25I Disbursement from operating fund of joint local
government for purposes other than exclusive jurisdiction 61
25J Winding up joint local governments . . . . . . . . . . . . . . 61
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Contents
81 Amendment of s 26 (What this part is about) . . . . . . . . . . . . . . . . 61
82 Replacement of ss 29 and 29A . . . . . . . . . . . . . . . . . . . . . . . . . . 62
29 Local law making process . . . . . . . . . . . . . . . . . . . . . 62
29A State interest check . . . . . . . . . . . . . . . . . . . . . . . . . . 63
83 Amendment of s 29B (Notice of new local law) . . . . . . . . . . . . . . 63
84 Amendment of s 31 (Local law register) . . . . . . . . . . . . . . . . . . . . 64
85 Omission of s 33 (Regular review of local laws) . . . . . . . . . . . . . . 64
86 Amendment of s 37 (Development processes) . . . . . . . . . . . . . . 65
87 Renumbering of ch 3, pt 1, div 4 (Miscellaneous) . . . . . . . . . . . . 65
88 Insertion of new ch 3, pt 1, div 4. . . . . . . . . . . . . . . . . . . . . . . . . . 65
Division 4 Action by the Minister about particular local
laws
38AB Suspending or revoking particular local laws . . . . . . . 65
89 Insertion of new s 38B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
38B Owners' liability for party houses . . . . . . . . . . . . . . . . 67
90 Replacement of s 40 (Conducting beneficial enterprises) . . . . . . 68
40 Conducting beneficial enterprises . . . . . . . . . . . . . . . 68
91 Replacement of s 41 (Register of beneficial enterprises) . . . . . . 69
41 Identifying beneficial enterprises . . . . . . . . . . . . . . . . 69
92 Omission of s 42 (Planning for a beneficial enterprise with the
private sector). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
93 Amendment of s 44 (Ways to apply the competitive neutrality
principle) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
94 Omission of ch 3, pt 2, divs 3 and 4 . . . . . . . . . . . . . . . . . . . . . . . 70
95 Amendment of s 60 (Control of roads) . . . . . . . . . . . . . . . . . . . . . 70
96 Amendment of s 61 (Notice of intention to acquire land to widen a
road) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
97 Amendment of s 63 (Appeal on a claim for compensation) . . . . . 71
98 Amendment of s 66 (Compensation if realignment not carried out) 71
99 Amendment of s 69 (Closing roads). . . . . . . . . . . . . . . . . . . . . . . 71
100 Amendment of ch 3, pt 4 hdg (The business of indigenous regional
councils) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
101 Replacement of s 81 (What this part is about) . . . . . . . . . . . . . . . 72
81 What this part is about . . . . . . . . . . . . . . . . . . . . . . . . 72
102 Amendment of s 82 (What this division is about) . . . . . . . . . . . . . 72
103 Amendment of s 85 (Community forum input on trust change
proposals) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
104 Amendment of s 85A (Trust change decisions if no community forum)73
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105 Amendment of ch 4, pt 3 hdg (Financial sustainability and
accountability) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
106 Omission of s 102 (Financial sustainability criteria) . . . . . . . . . . . 74
107 Replacement of s 104 (Financial management, planning and
accountability documents) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
104 Financial management systems. . . . . . . . . . . . . . . . . 74
108 Omission of s 106 (Sound contracting principles) . . . . . . . . . . . . 76
109 Insertion of new s 107A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
107A Approval of budget . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
110 Amendment of s 109 (Councillor's discretionary funds) . . . . . . . . 76
111 Replacement of s 115 (Gathering information) . . . . . . . . . . . . . . 76
115 Gathering information. . . . . . . . . . . . . . . . . . . . . . . . . 77
112 Amendment of s 121 (Removing unsound decisions) . . . . . . . . . 77
113 Amendment of s 138 (What this division is about) . . . . . . . . . . . . 77
114 Insertion of new s 138AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
138AA Notices for this division. . . . . . . . . . . . . . . . . . . . . . . . 78
115 Amendment of s 138A (Identity card for local government workers) 79
116 Amendment of s 140 (Entry by an owner, with reasonable written
notice, under a remedial notice) . . . . . . . . . . . . . . . . . . . . . . . . . . 79
117 Amendment of s 142 (Entry by a local government worker, with
reasonable written notice, under a remedial notice). . . . . . . . . . . 80
118 Amendment of s 143 (Entry by a local government worker, with
reasonable written notice, to take materials) . . . . . . . . . . . . . . . . 81
119 Amendment of s 149 (Obstructing enforcement of Local
Government Acts etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
120 Amendment of s 152 (Qualifications of councillors) . . . . . . . . . . . 82
121 Amendment of s 155 (Disqualification because of other high office) 82
122 Insertion of new s 160B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
160B Compulsory leave without pay . . . . . . . . . . . . . . . . . . 82
123 Omission of s 168 (Senior councillors and full-time government jobs) 82
124 Amendment of s 170 (Giving directions to local government staff) 82
125 Replacement of s 170A (Requests by councillors for advice or
information) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
170A Requests for assistance or information . . . . . . . . . . . 83
126 Insertion of new s 171A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
171A Prohibited conduct by councillor in possession of inside
information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
127 Amendment of s 172 (Councillor's material personal interest at a
meeting) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
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128 Amendment of s 173 (Councillor's conflict of interest at a meeting) 87
129 Omission of s 174 (Duty to report another councillor's material
personal interest, conflict of interest or misconduct) . . . . . . . . . . 88
130 Amendment of s 176 (What this division is about) . . . . . . . . . . . . 88
131 Insertion of new ss 176A-176C . . . . . . . . . . . . . . . . . . . . . . . . . . 90
176A Application to former councillors . . . . . . . . . . . . . . . . 90
176B Preliminary assessments of complaints . . . . . . . . . . . 90
176C Action after preliminary assessments. . . . . . . . . . . . . 91
132 Replacement of s 177 (Assessing complaints) . . . . . . . . . . . . . . 93
177 Complaints referred to the department's chief executive 93
133 Amendment of s 177A (Preliminary dealings with complaints
before hearing) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
134 Amendment of s 180 (Taking disciplinary action) . . . . . . . . . . . . . 95
135 Replacement of s 181 (Inappropriate conduct) . . . . . . . . . . . . . . 96
181 Inappropriate conduct. . . . . . . . . . . . . . . . . . . . . . . . . 96
136 Insertion of new s 181A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
181A Records about complaints . . . . . . . . . . . . . . . . . . . . . 97
137 Amendment of s 189 (Appointing members of regional conduct
review panels) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
138 Amendment of s 196 (Appointing other local government
employees) ....................................... 98
139 Amendment of s 197 (Disciplinary action against local
government employees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
140 Amendment of s 199 (Improper conduct by local government
employees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
141 Amendment of s 200 (Use of information by local government
employees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
142 Replacement of s 201 (Annual report must detail remuneration) . 100
201 Annual report must detail remuneration . . . . . . . . . . . 100
143 Omission of ch 6, pt 5, div 4 (Equality of employment opportunity) 101
144 Amendment of s 202 (Appointing authorised persons) . . . . . . . . 101
145 Amendment of s 209 (Board's responsibilities) . . . . . . . . . . . . . . 101
146 Amendment of s 210 (Board of directors) . . . . . . . . . . . . . . . . . . 102
147 Amendment of s 217 (LG super scheme) . . . . . . . . . . . . . . . . . . 102
148 Amendment of s 220C (Exemption from payment of yearly
contributions on grounds of financial hardship) . . . . . . . . . . . . . . 102
149 Amendment of s 227 (Super schemes to be audited by auditor-
general) .......................................... 103
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150 Amendment of s 235 (Administrators who act honestly and without
negligence are protected from liability). . . . . . . . . . . . . . . . . . . . . 103
151 Amendment of s 236 (Who is authorised to sign local government
documents). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
152 Insertion of new s 236A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
236A Who is authorised to sign joint local government
documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
153 Amendment of s 237 (Name in proceedings by or against a local
government) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
154 Insertion of new s 237A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
237A Name in proceedings by or against a joint local
government .............................. 105
155 Amendment of s 239 (Substituted service) . . . . . . . . . . . . . . . . . 106
156 Amendment of s 240 (Acting for a local government in legal
proceedings). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
157 Amendment of s 245 (Judges and other office holders not
disqualified from adjudicating) . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
158 Amendment of s 246 (Where fines are to be paid to). . . . . . . . . . 107
159 Amendment of s 248 (Evidence of local laws) . . . . . . . . . . . . . . . 107
160 Amendment of s 249 (Evidence of proceedings of local
government) ..................................... 107
161 Amendment of s 250 (Evidentiary value of copies) . . . . . . . . . . . 108
162 Amendment of s 251 (Evidentiary value of certificates) . . . . . . . . 108
163 Amendment of s 252 (Evidence of directions given to local
government) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
164 Amendment of s 257 (Delegation of local government powers). . 109
165 Insertion of new s 257A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
257A Delegation of joint local government's powers . . . . . . 109
166 Amendment of s 258 (Delegation of mayor's powers) . . . . . . . . . 110
167 Amendment of s 259 (Delegation of chief executive officer powers) 110
168 Insertion of new ch 7, pt 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
Part 5A Provisions about de-amalgamation
260A What this part is about . . . . . . . . . . . . . . . . . . . . . . . . 111
260B Poll about de-amalgamation. . . . . . . . . . . . . . . . . . . . 111
260C Failure to vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
260D Leave to vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
260E Voting if not entitled . . . . . . . . . . . . . . . . . . . . . . . . . . 113
260F Implementation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
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169 Amendment of s 265 (Materials in infrastructure are local
government property) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
170 Omission of s 267 (Review of this Act). . . . . . . . . . . . . . . . . . . . . 114
171 Insertion of new s 268A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
268A Advisory polls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
172 Amendment of s 270 (Regulation-making power) . . . . . . . . . . . . 115
173 Amendment of s 272 (Local governments, including joint local
governments) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
174 Amendment of s 275 (Local government owned corporation) . . . 116
175 Insertion of new ch 9, pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
Part 4 Transitional provisions for Local Government
and Other Legislation Amendment Act 2012
Division 1 Transitional provisions about change of legal
status
295 Effect of change of legal status on existing local
governments and joint local governments . . . . . . . . . 116
296 Contractual rights etc. are unaffected. . . . . . . . . . . . . 117
Division 2 Other transitional provisions
297 Continuation of particular provisions for corporate
entities ................................. 118
298 Change in dealing with complaints. . . . . . . . . . . . . . . 119
299 Change in process for making local laws . . . . . . . . . . 119
176 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 120
Part 4 Amendment of Local Government Electoral Act 2011
177 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
178 Amendment of s 18 (Cut-off day for compiling voters roll) . . . . . . 122
179 Amendment of s 24 (Date of by-elections) . . . . . . . . . . . . . . . . . . 123
180 Amendment of s 32 (Announcement of nominations) . . . . . . . . . 123
181 Amendment of s 34 (Procedure if number of candidates not
more than number required). . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
182 Amendment of s 36 (Procedure on death of candidate when poll
to be conducted). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
Part 5 Amendment of Parliament of Queensland Act 2001
183 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
184 Amendment of s 68 (Effect of election on particular candidates) . 125
Part 6 Amendment of Public Sector Ethics Act 1994
185 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
186 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 125
Page 9
Local Government and Other Legislation Amendment Bill 2012
Contents
Part 7 Amendment of Public Service Act 2008
187 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
188 Amendment of s 24 (What is a government entity) . . . . . . . . . . . 126
Part 8 Amendment of Right to Information Act 2009
189 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
190 Amendment of s 113 (Disciplinary action) . . . . . . . . . . . . . . . . . . 126
191 Amendment of sch 3 (Exempt information) . . . . . . . . . . . . . . . . . 127
Part 9 Minor and consequential amendments
192 Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
Schedule Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
City of Brisbane Act 2010. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
Judicial Review Act 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
Libraries Act 1988 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
Local Government Act 2009 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
Public Interest Disclosure Act 2010 . . . . . . . . . . . . . . . . . . . . . . . 129
Transport Infrastructure Act 1994 . . . . . . . . . . . . . . . . . . . . . . . . . 130
Page 10
2012
A Bill
for
An Act to amend the City of Brisbane Act 2010, the Judicial
Review Act 1991, the Libraries Act 1988, the Local Government
Act 2009, the Local Government Electoral Act 2011, the
Parliament of Queensland Act 2001, the Public Interest
Disclosure Act 2010, the Public Sector Ethics Act 1994, the
Public Service Act 2008, the Right to Information Act 2009 and
the Transport Infrastructure Act 1994 for particular purposes
Local Government and Other Legislation Amendment Bill 2012
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Local Government and Other 4
Legislation Amendment Act 2012. 5
Clause 2 Commencement 6
The following provisions commence on a day to be fixed by 7
proclamation-- 8
· sections 19, 57(3), 60, 65(2) and (3), 70, 91, 106 to 108, 9
139(3), 142 and 172(1) and (3) 10
· section 175, to the extent it inserts new section 297 11
· parts 6 and 7 12
· schedule, amendments of the Judicial Review Act 1991 13
and the Public Interest Disclosure Act 2010. 14
Part 2 Amendment of City of Brisbane 15
Act 2010 16
Clause 3 Act amended 17
This part amends the City of Brisbane Act 2010. 18
Note-- 19
See also the amendments in the schedule. 20
Page 12
Local Government and Other Legislation Amendment Bill 2012
Part 2 Amendment of City of Brisbane Act 2010
[s 4]
Clause 4 Amendment of s 5 (Relationship with Local Government 1
Act) 2
Section 5(2)-- 3
omit, insert-- 4
`(2) Generally, the Local Government Act does not apply to the 5
Brisbane City Council or its councillors, employees, agents or 6
contractors. 7
`(3) However, particular provisions of the Local Government Act 8
apply, or may apply, to the Brisbane City Council as a local 9
government. 10
Examples-- 11
1 The Local Government Act, chapter 7, part 2 applies to the council 12
as a local government for the purpose of superannuation for certain 13
persons who are connected to the council. 14
2 The Local Government Act, chapter 2A would apply to the council 15
if the council were a component local government for a joint local 16
government.'. 17
Clause 5 Amendment of s 11 (Powers of council generally) 18
Section 11-- 19
insert-- 20
`(6) Subsections (7) and (8) apply if the council is a component 21
local government for a joint local government. 22
`(7) Despite subsection (1), the council may not, within the joint 23
local government's area, exercise a power for which the joint 24
local government has jurisdiction. 25
`(8) However, the council may exercise the power as a delegate of 26
the joint local government.'. 27
Clause 6 Amendment of s 12 (Power includes power to conduct 28
joint government activities) 29
Section 12(3)-- 30
insert-- 31
Page 13
Local Government and Other Legislation Amendment Bill 2012
Part 2 Amendment of City of Brisbane Act 2010
[s 7]
`(c) being a component local government for a joint local 1
government. 2
Note-- 3
For the establishment of joint local governments, see the Local 4
Government Act, chapter 2A.'. 5
Clause 7 Amendment of s 14 (Responsibilities of councillors) 6
Section 14(3)(e)-- 7
omit. 8
Clause 8 Amendment of s 25 (Chairperson of the council) 9
(1) Section 25(2), note, `185'-- 10
omit, insert-- 11
`186A'. 12
(2) Section 25(4)-- 13
omit. 14
Clause 9 Amendment of s 27 (What this part is about) 15
(1) Section 27(3)(c), `is an adopted'-- 16
omit, insert-- 17
`incorporates a'. 18
(2) Section 27(7), `adoption by all local governments.'-- 19
omit, insert-- 20
`incorporation by all local governments into their local laws.'. 21
Clause 10 Replacement of ss 30 and 31 22
Sections 30 and 31-- 23
omit, insert-- 24
Page 14
Local Government and Other Legislation Amendment Bill 2012
Part 2 Amendment of City of Brisbane Act 2010
[s 10]
`30 Local law making process 1
`(1) The council may decide its own process for making a local 2
law to the extent that the process is not inconsistent with this 3
part. 4
`(2) The council makes a local law by passing a resolution to make 5
the local law. 6
`(3) If the council proposes to make a local law about a matter (the 7
new local law) and there is an existing local law about the 8
same matter that would be inconsistent with the new local law, 9
the council must amend or repeal the existing local law so that 10
there is no inconsistency. 11
Note-- 12
The new local law may include the amendment or repeal of the 13
inconsistent law in the same instrument. 14
`(4) An interim local law must include a provision stating when 15
the law expires. 16
`(5) The council must ensure its local laws are drafted in 17
compliance with the guidelines issued by the Parliamentary 18
Counsel under the Legislative Standards Act 1992, section 9 19
for local laws and subordinate local laws. 20
`(6) To remove any doubt, it is declared that the council does not 21
have to carry out any public consultation before making either 22
of the following-- 23
(a) an interim local law; 24
(b) a local law that only incorporates a model local law and 25
does not contain an anti-competitive provision. 26
`31 State interest check 27
`(1) This section applies if the council proposes to make a local 28
law other than the following-- 29
(a) a local law that incorporates a model local law; 30
(b) a subordinate local law. 31
Page 15
Local Government and Other Legislation Amendment Bill 2012
Part 2 Amendment of City of Brisbane Act 2010
[s 11]
`(2) However, this section also applies to a local law that 1
incorporates a model local law if the local law includes more 2
than-- 3
(a) the model local law; or 4
(b) any amendment or repeal of an existing local law that 5
would be inconsistent with the model local law. 6
`(3) The council must consult with relevant government entities 7
about the overall State interest in the proposed local law 8
before making the local law.'. 9
Clause 11 Amendment of s 32 (Notice of new local law) 10
(1) Section 32, heading-- 11
omit, insert-- 12
`32 Publication of local laws'. 13
(2) Section 32(1)(a) to (c)-- 14
omit, insert-- 15
`(a) in the gazette; and 16
(b) on the council's website.'. 17
(3) Section 32-- 18
insert-- 19
`(2A) The notice in the gazette must state-- 20
(a) that the notice is made by the council; and 21
(b) the date when the council made the resolution to make 22
the local law; and 23
(c) the name of the local law; and 24
(d) the name of any existing local law that was amended or 25
repealed by the new local law.'. 26
(4) Section 32(3), `notice must'-- 27
omit, insert-- 28
`notice on the council's website must'. 29
Page 16
Local Government and Other Legislation Amendment Bill 2012
Part 2 Amendment of City of Brisbane Act 2010
[s 12]
(5) Section 32(3)(e), `is an adopted'-- 1
omit, insert-- 2
`incorporates a'. 3
(6) Section 32(6), `7 days'-- 4
omit, insert-- 5
`14 days'. 6
(7) Section 32(6)(b), after `law'-- 7
insert-- 8
`in electronic form'. 9
(8) Section 32(2A) to (6)-- 10
renumber as section 32(3) to (7). 11
Clause 12 Amendment of s 34 (Local law register) 12
Section 34-- 13
insert-- 14
`(3) The department's chief executive must keep a database of the 15
council's local laws and ensure a copy of the database may be 16
viewed by the public on the department's website.'. 17
Clause 13 Amendment of s 35 (Consolidated versions of local laws) 18
(1) Section 35(1), `may'-- 19
omit, insert-- 20
`must'. 21
(2) Section 35(4), from `a copy'-- 22
omit, insert-- 23
`the Minister a copy of the consolidated version of the local 24
law in electronic form.'. 25
Page 17
Local Government and Other Legislation Amendment Bill 2012
Part 2 Amendment of City of Brisbane Act 2010
[s 14]
Clause 14 Omission of s 36 (Regular review of local laws) 1
Section 36-- 2
omit. 3
Clause 15 Amendment of s 40 (Development processes) 4
Section 40(3) to (5)-- 5
omit, insert-- 6
`(3) However, if a local law already contains a provision that 7
establishes an alternative development process, the council 8
may amend or repeal the provision at any time. 9
`(4) A local law has no effect to the extent that it is contrary to this 10
section. 11
`(5) This section does not apply to a local law about any of the 12
following matters unless the matter is covered by the council's 13
planning scheme, the Planning Act or another instrument 14
made under that Act-- 15
(a) advertising devices; 16
(b) gates and grids; 17
(c) levees; 18
(d) roadside dining.'. 19
Clause 16 Amendment of s 42 (Suspending or revoking particular 20
local laws) 21
(1) Section 42(1)-- 22
omit, insert-- 23
`(1) This section applies if the Minister reasonably believes a local 24
law-- 25
(a) is contrary to any other law; or 26
(b) is inconsistent with the local government principles; or 27
(c) does not satisfactorily deal with the overall State 28
interest.'. 29
Page 18
Local Government and Other Legislation Amendment Bill 2012
Part 2 Amendment of City of Brisbane Act 2010
[s 17]
(2) Section 42(3)-- 1
omit, insert-- 2
`(3) The gazette notice must state-- 3
(a) how the local law is contrary to another law, is 4
inconsistent with the local government principles or 5
does not satisfactorily deal with the overall State 6
interest; and 7
(b) if the local law has been suspended--how the local law 8
may be amended so that it-- 9
(i) is no longer contrary to the other law; or 10
(ii) is no longer inconsistent with the local government 11
principles; or 12
(iii) satisfactorily deals with the overall State interest.'. 13
Clause 17 Insertion of new s 42B 14
Chapter 3, part 2, division 5-- 15
insert-- 16
`42B Owners' liability for party houses 17
`(1) The council may make a local law that makes the owner of a 18
residential property liable to a penalty because of excessive 19
noise regularly emitted from the property. 20
`(2) The owner of a residential property includes a tenant if the 21
tenant has a right of exclusive occupation of the property 22
under a lease. 23
`(3) A residential property is a property of a type that would 24
ordinarily be used, or is intended to be used, as a place of 25
residence or mainly as a place of residence. 26
`(4) To remove any doubt, it is declared that-- 27
(a) the local law may fix the number of times that excessive 28
noise must be emitted from a property before the owner 29
becomes liable to the penalty; and 30
Page 19
Local Government and Other Legislation Amendment Bill 2012
Part 2 Amendment of City of Brisbane Act 2010
[s 18]
(b) a property is not precluded from being a residential 1
property merely because the property is rented on a 2
short-term basis. 3
`(5) In a proceeding about a contravention of the local law-- 4
(a) a noise abatement direction given to a person at a 5
property is evidence of excessive noise being emitted 6
from the property; and 7
(b) a copy of information recorded in the register of 8
enforcement acts under the Police Powers and 9
Responsibilities Act 2000 about the giving of a noise 10
abatement direction is evidence of the matters stated in 11
it. 12
`(6) A noise abatement direction is a direction given to a person 13
by a police officer under the Police Powers and 14
Responsibilities Act 2000, section 581(3). 15
`(7) Despite subsection (5), a defendant may, with the leave of the 16
court, require the prosecution to call any person involved in 17
the giving of the noise abatement direction to give evidence at 18
the hearing. 19
`(8) The court may give leave only if the court is satisfied that-- 20
(a) an irregularity may exist in relation to the information or 21
the giving of the noise abatement direction; or 22
(b) it is in the interests of justice that the person be called to 23
give evidence. 24
`(9) The chief executive officer may ask the police commissioner 25
to give the chief executive officer information about noise 26
abatement directions given to persons in Brisbane. 27
`(10) The police commissioner must comply with the request.'. 28
Clause 18 Replacement of s 44 (Conducting beneficial enterprises) 29
Section 44-- 30
omit, insert-- 31
Page 20
Local Government and Other Legislation Amendment Bill 2012
Part 2 Amendment of City of Brisbane Act 2010
[s 18]
`44 Conducting beneficial enterprises 1
`(1) The council may conduct a beneficial enterprise. 2
`(2) To conduct the beneficial enterprise, the council-- 3
(a) may participate with an association; but 4
(b) must not, either directly or by participating with an 5
association, participate with an unlimited corporation. 6
Note-- 7
Under the Statutory Bodies Financial Arrangements Act 1982, the 8
council may need the Treasurer's approval before entering into 9
particular financial arrangements. 10
`(3) An association is-- 11
(a) a partnership; or 12
(b) a corporation limited by shares but not listed on a stock 13
exchange; or 14
(c) a corporation limited by guarantee but not listed on a
stock exchange; or 16
15
(d) another association of persons that is not a corporation. 17
`(4) An unlimited corporation means a corporation whose 18
members have no limit placed on their liability. 19
`(5) The council participates with an association or unlimited 20
corporation if the council-- 21
(a) forms, or takes part in forming, an association or 22
unlimited corporation; or 23
(b) becomes a member of an association or unlimited 24
corporation; or 25
(c) takes part in the management of an association or 26
unlimited corporation; or 27
(d) acquires or disposes of shares, debentures or securities 28
of an association or unlimited corporation.'. 29
Page 21
Local Government and Other Legislation Amendment Bill 2012
Part 2 Amendment of City of Brisbane Act 2010
[s 19]
Clause 19 Replacement of s 45 (Register of beneficial enterprises) 1
Section 45-- 2
omit, insert-- 3
`45 Identifying beneficial enterprises 4
`The council's annual report for each financial year must 5
contain a list of all the beneficial enterprises that the council 6
conducted during the financial year.'. 7
Clause 20 Omission of s 46 (Planning for a beneficial enterprise 8
with the private sector) 9
Section 46-- 10
omit. 11
Clause 21 Amendment of s 48 (Ways to apply the competitive 12
neutrality principle) 13
(1) Section 48(1)(b) and (c)-- 14
omit, insert-- 15
`(b) full cost pricing of a significant business activity.'. 16
(2) Section 48(3)-- 17
omit. 18
(3) Section 48(4), `or new corporate entity'-- 19
omit. 20
(4) Section 48(5)(a), `corporatisation,'-- 21
omit. 22
(5) Section 48(4) and (5)-- 23
renumber as section 48(3) and (4). 24
Page 22
Local Government and Other Legislation Amendment Bill 2012
Part 2 Amendment of City of Brisbane Act 2010
[s 22]
Clause 22 Omission of ch 3, pt 3, divs 3 and 4 1
Chapter 3, part 3, divisions 3 and 4-- 2
omit. 3
Clause 23 Amendment of s 66 (Control of roads) 4
Section 66-- 5
insert-- 6
`(3) Nothing in subsection (1) makes the council liable for the 7
construction, maintenance or improvement of a private road. 8
`(4) A private road is a road over land that is owned by a person 9
who may lawfully exclude other persons from using the 10
road.'. 11
Clause 24 Amendment of s 67 (Notice of intention to acquire land to 12
widen a road) 13
Section 67(3), `to the court'-- 14
omit, insert-- 15
`to the council'. 16
Clause 25 Amendment of s 69 (Appeal on a claim for compensation) 17
(1) Section 69(1) and (3), `Planning and Environment Court'-- 18
omit, insert-- 19
`Land Court'. 20
(2) Section 69(3)-- 21
renumber as section 69(4). 22
(3) Section 69-- 23
insert-- 24
`(3) However, the Land Court may extend the period mentioned in 25
subsection (2) if satisfied in all the circumstances that it is 26
reasonable to do so.'. 27
Page 23
Local Government and Other Legislation Amendment Bill 2012
Part 2 Amendment of City of Brisbane Act 2010
[s 26]
Clause 26 Amendment of s 72 (Compensation if realignment not 1
carried out) 2
Section 72(1)(b), `the council has made structural 3
improvements'-- 4
omit, insert-- 5
`structural improvements have been made'. 6
Clause 27 Amendment of s 75 (Closing roads) 7
(1) Section 75(1), `traffic or particular traffic, if'-- 8
omit, insert-- 9
`all traffic, or traffic of a particular class, if'. 10
(2) Section 75(2), `traffic--'-- 11
omit, insert-- 12
`all traffic, or traffic of a particular class--'. 13
Clause 28 Amendment of s 92 (Materials in infrastructure are 14
council property) 15
(1) Section 92(2)-- 16
renumber as section 92(3). 17
(2) Section 92-- 18
insert-- 19
`(2) If the council, in exercising a power of the council, constructs 20
a structure or carries out any works on someone else's land, 21
the materials in the structure or works are the property of the 22
council.'. 23
(3) Section 92-- 24
insert-- 25
`(4) For subsection (1), it is irrelevant whether the thing mentioned 26
in the subsection is on, over or under land that is owned by an 27
entity other than the council.'. 28
Page 24
Local Government and Other Legislation Amendment Bill 2012
Part 2 Amendment of City of Brisbane Act 2010
[s 29]
Clause 29 Amendment of ch 4, pt 3 hdg (Financial sustainability and 1
accountability) 2
Chapter 4, part 3, heading, `sustainability'-- 3
omit, insert-- 4
`planning'. 5
Clause 30 Amendment of s 103 (Systems of financial management) 6
(1) Section 103(1)(a)(i) to (iii)-- 7
omit, insert-- 8
(i) the supply of goods or services; or 9
(ii) the disposal of assets; and'. 10
(2) Section 103(1)(b)(iv) and (vi)-- 11
omit. 12
(3) Section 103(1)(b)(v) to (viii)-- 13
renumber as section 103(1)(b)(iv) to (vi). 14
(4) Section 103-- 15
insert-- 16
`(4) A contract for the supply of goods or services includes a 17
contract about carrying out work. 18
`(5) To remove any doubt, it is declared that subsection (1)(a) does 19
not require equal consideration to be given to each of the 20
sound contracting principles.'. 21
Clause 31 Amendment of s 106 (Councillor's discretionary funds) 22
Section 106(2)-- 23
omit, insert-- 24
`(2) Discretionary funds are funds in the council's operating fund 25
that are-- 26
Page 25
Local Government and Other Legislation Amendment Bill 2012
Part 2 Amendment of City of Brisbane Act 2010
[s 32]
(a) budgeted for community purposes; and 1
(b) allocated by a councillor at the councillor's discretion.'. 2
Clause 32 Replacement of s 112 (Gathering information) 3
Section 112-- 4
omit, insert-- 5
`112 Gathering information 6
`To monitor and evaluate the council's or a councillor's 7
performance and compliance, the department's chief 8
executive may-- 9
(a) examine the information contained in the council's 10
records and operations; or 11
(b) otherwise carry out an investigation of the council's or 12
councillor's performance and compliance.'. 13
Clause 33 Amendment of s 127 (What this division is about) 14
(1) Section 127(2) and (4)-- 15
omit. 16
(2) Section 127(3)(e), `reasonable written notice'-- 17
omit, insert-- 18
`a reasonable entry notice'. 19
(3) Section 127(6)-- 20
insert-- 21
`Note-- 22
Not every employee or agent of the council would ordinarily be 23
authorised to act under this division.'. 24
(4) Section 127(3) to (8)-- 25
renumber as section 127(2) to (6). 26
Page 26
Local Government and Other Legislation Amendment Bill 2012
Part 2 Amendment of City of Brisbane Act 2010
[s 34]
Clause 34 Insertion of new s 127A 1
After section 127-- 2
insert-- 3
`127A Notices for this division 4
`(1) A remedial notice is a written notice that requires the owner 5
or occupier of a property to take action under a local 6
government related law in relation to the property (including 7
fencing a pool, for example). 8
`(2) A remedial notice may only be given by the council to the 9
person who, under a local government related law, is required 10
to take the action stated in the notice. 11
`(3) A reasonable entry notice is a written notice about a proposed 12
entry of a property that-- 13
(a) informs the owner or occupier of the property of-- 14
(i) who is to enter the property; and 15
(ii) the reason for entering the property; and 16
(iii) the days and times when the property is to be 17
entered; and 18
(b) is given to the owner or occupier of the property at least 19
7 days before the property is proposed to be entered. 20
`(4) A remedial notice and a reasonable entry notice may not be 21
combined unless-- 22
(a) the owner of the property is also the occupier of the 23
property; or 24
(b) the occupier of the property is the person who, under a 25
local government related law, is required to take the 26
action stated in the remedial notice. 27
`(5) A notice given under this division in contravention of this 28
section is of no effect.'. 29
Page 27
Local Government and Other Legislation Amendment Bill 2012
Part 2 Amendment of City of Brisbane Act 2010
[s 35]
Clause 35 Amendment of s 128 (Identity card for council workers) 1
(1) Section 128, heading, `council workers'-- 2
omit, insert-- 3
`use under this division'. 4
(2) Section 128(1)-- 5
omit, insert-- 6
`(1) The council is not required to give a council worker an 7
identity card unless the worker is exercising a power of entry 8
under this division.'. 9
Clause 36 Amendment of s 130 (Entry by an owner, with reasonable 10
written notice, under a remedial notice) 11
(1) Section 130, heading, `reasonable written notice'-- 12
omit, insert-- 13
`reasonable entry notice'. 14
(2) Section 130(2)-- 15
omit, insert-- 16
`(2) After the owner gives a reasonable entry notice to the occupier 17
of the property, the owner or the owner's agent may-- 18
(a) enter the property at the times stated in the reasonable 19
entry notice; and 20
(b) take the action that is required under the remedial 21
notice.'. 22
(3) Section 130(4)-- 23
omit. 24
(4) Section 130(5)-- 25
renumber as section 130(4). 26
Page 28
Local Government and Other Legislation Amendment Bill 2012
Part 2 Amendment of City of Brisbane Act 2010
[s 37]
Clause 37 Amendment of s 132 (Entry by a council worker, with 1
reasonable written notice, under a remedial notice) 2
(1) Section 132, heading, `reasonable written notice'-- 3
omit, insert-- 4
`reasonable entry notice'. 5
(2) Section 132(1)(a) and (b)-- 6
omit, insert-- 7
`(a) the council gives a remedial notice to the owner or the 8
occupier of a property (the responsible person); and 9
(b) the responsible person fails to take the action required 10
under the remedial notice.'. 11
(3) Section 132(2), `reasonable written notice to the owner 12
and'-- 13
omit, insert-- 14
`a reasonable entry notice to'. 15
(4) Section 132(5) to (8)-- 16
omit, insert-- 17
`(5) Interest is payable on the debt at the same rate that interest is 18
payable on overdue rates levied by the council. 19
`(6) The council must give the person who failed to take the action 20
written notice of the amount of the debt. 21
`(7) Subsection (8) applies if the person who failed to take the 22
action is the owner of the property. 23
`(8) If the debt is not paid within 30 days after the date of the 24
written notice, the council may recover the debt as if the debt 25
were overdue rates.'. 26
Page 29
Local Government and Other Legislation Amendment Bill 2012
Part 2 Amendment of City of Brisbane Act 2010
[s 38]
Clause 38 Amendment of s 133 (Entry by a council worker, with 1
reasonable written notice, to take materials) 2
(1) Section 133, heading, `reasonable written notice'-- 3
omit, insert-- 4
`reasonable entry notice'. 5
(2) Section 133(4), `reasonable written notice'-- 6
omit, insert-- 7
`a reasonable entry notice'. 8
Clause 39 Amendment of s 148 (Obstructing enforcement of this 9
Act or local laws etc.) 10
(1) Section 148(2)(e) and (f)-- 11
omit, insert-- 12
`(e) the mayor; 13
(f) the chief executive officer; 14
(g) an authorised person.'. 15
(2) Section 148(3)-- 16
insert-- 17
`Notes-- 18
1 Council workers are only those employees and agents of the council 19
who are authorised to act under chapter 5, part 2, division 2. 20
2 In particular circumstances a council worker may enter a property 21
and carry out work or obtain materials in compliance with chapter 22
5, part 2, division 2.'. 23
Clause 40 Amendment of s 155 (Disqualification because of other 24
high office) 25
Section 155(3)-- 26
omit, insert-- 27
`(3) A person automatically stops being a councillor when the 28
person becomes a government member.'. 29
Page 30
Local Government and Other Legislation Amendment Bill 2012
Part 2 Amendment of City of Brisbane Act 2010
[s 41]
Clause 41 Insertion of new s 160A 1
Chapter 6, part 2, division 2-- 2
insert-- 3
`160A Compulsory leave without pay 4
`A councillor must take leave without pay for the duration of 5
the period for which the councillor is a candidate, within the 6
meaning of the Electoral Act 1992, for election as a member 7
of the Legislative Assembly.'. 8
Clause 42 Omission of s 168 (Councillors and full-time government 9
jobs) 10
Section 168-- 11
omit. 12
Clause 43 Replacement of s 171 (Requests for help or advice) 13
Section 171-- 14
omit, insert-- 15
`171 Requests for assistance or information 16
`(1) A councillor may ask a council employee to provide advice to 17
assist the councillor to carry out his or her responsibilities 18
under this Act. 19
`(2) A councillor may, subject to any limits prescribed under a 20
regulation, ask the chief executive officer to provide 21
information that the council has access to. 22
Example of a limit prescribed under a regulation-- 23
A regulation may prescribe the maximum cost to the council of 24
providing information to a councillor. 25
`(3) Subsection (2) does not apply to information-- 26
(a) that is a record of the BCC councillor conduct review 27
panel; or 28
(b) if disclosure of the information to the councillor would 29
be contrary to an order of a court or tribunal; or 30
Page 31
Local Government and Other Legislation Amendment Bill 2012
Part 2 Amendment of City of Brisbane Act 2010
[s 44]
(c) that would be privileged from production in a legal 1
proceeding on the ground of legal professional privilege. 2
`(4) A request of a councillor under subsection (1) or (2) is of no 3
effect if the request-- 4
(a) relates to any ward other than the ward the councillor 5
represents; and 6
(b) does not comply with the acceptable requests 7
guidelines. 8
`(5) Subsection (4) does not apply to-- 9
(a) the mayor; or 10
(b) the chairperson of the council if the request relates to the 11
role of the chairperson; or 12
(c) the chairperson of a committee of the council if the 13
request relates to the role of the chairperson. 14
`(6) In this section a council employee includes a person 15
prescribed under a regulation. 16
`(7) The chief executive officer must make all reasonable 17
endeavours to comply with a request under subsection (2). 18
Maximum penalty for subsection (7)--10 penalty units.'. 19
Clause 44 Amendment of s 173 (Use of information by councillors) 20
Section 173-- 21
insert-- 22
`(3) A councillor must not release information that the councillor 23
knows, or ought reasonably to know, is information that is 24
confidential to the council. 25
Note-- 26
A contravention of this subsection is misconduct that may be dealt with 27
by the BCC councillor conduct review panel.'. 28
Page 32
Local Government and Other Legislation Amendment Bill 2012
Part 2 Amendment of City of Brisbane Act 2010
[s 45]
Clause 45 Insertion of new s 173A 1
After section 173-- 2
insert-- 3
`173A Prohibited conduct by councillor in possession of inside 4
information 5
`(1) This section applies to a person (the insider) who is, or has 6
been, a councillor if the insider-- 7
(a) acquired inside information as a councillor; and 8
(b) knows, or ought reasonably to know, that the inside 9
information is not generally available to the public. 10
`(2) The insider must not cause the purchase or sale of an asset if 11
knowledge of the inside information would be likely to 12
influence a reasonable person in deciding whether or not to 13
buy or sell the asset. 14
Maximum penalty--1000 penalty units or 2 years 15
imprisonment. 16
`(3) The insider must not cause the inside information to be 17
provided to another person the insider knows, or ought 18
reasonably to know, may use the information in deciding 19
whether or not to buy or sell an asset. 20
Maximum penalty--1000 penalty units or 2 years 21
imprisonment. 22
`(4) In this section-- 23
cause, in relation to an action, includes the following-- 24
(a) carry out the action; 25
(b) instigate the action; 26
(c) direct, or otherwise influence, another person to carry 27
out or instigate the action. 28
corporate entity means a corporation that is owned by the 29
council. 30
inside information, in relation to the council, means 31
information about any of the following-- 32
Page 33
Local Government and Other Legislation Amendment Bill 2012
Part 2 Amendment of City of Brisbane Act 2010
[s 46]
(a) the operations or finances of the council (including any 1
business activity of the council) or any of its corporate 2
entities; 3
(b) a proposed policy of the council (including proposed 4
changes to an existing policy); 5
(c) a contract entered into, or proposed to be entered into, 6
by the council or any of its corporate entities; 7
(d) a tender process being conducted by or for the council 8
or any of its corporate entities; 9
(e) a decision, or proposed decision, of the council or any of 10
its committees; 11
(f) the exercise of a power, under a local government 12
related law, by the council, a councillor or a council 13
employee; 14
(g) the exercise of a power, under an Act, by the State, a 15
Minister, a statutory body or an employee of the State or 16
statutory body, that affects the council, any of its 17
corporate entities or land or infrastructure within 18
Brisbane; 19
(h) any legal or financial advice created for the council, any 20
of its committees or any of its corporate entities.'. 21
Clause 46 Amendment of s 174 (Councillor's material personal 22
interest at a meeting) 23
(1) Section 174-- 24
insert-- 25
`(2A) However, a councillor does not have a material personal 26
interest in the matter if the councillor has no greater personal 27
interest in the matter than that of other persons in Brisbane. 28
`(2B) Subsection (2)(c) only applies to a councillor if the councillor 29
knows, or ought reasonably to know, that their parent, child or 30
sibling stands to gain a benefit or suffer a loss.'. 31
(2) Section 174(4), `subsection (3)'-- 32
Page 34
Local Government and Other Legislation Amendment Bill 2012
Part 2 Amendment of City of Brisbane Act 2010
[s 47]
omit, insert-- 1
`subsection (5)'. 2
(3) Section 174(4) and (7), `subsection (5)'-- 3
omit, insert-- 4
`subsection (7)'. 5
(4) Section 174(2A) to (7)-- 6
renumber as section 174(3) to (9). 7
Clause 47 Amendment of s 175 (Councillor's conflict of interest at a 8
meeting) 9
(1) Section 175(1)-- 10
omit, insert-- 11
`(1) This section applies if-- 12
(a) a matter is to be discussed at a meeting of the council or 13
any of its committees; and 14
(b) the matter is not an ordinary business matter; and 15
(c) a councillor at the meeting-- 16
(i) has a conflict of interest in the matter (the real 17
conflict of interest); or 18
(ii) could reasonably be taken to have a conflict of 19
interest in the matter (the perceived conflict of 20
interest).'. 21
(2) Section 175-- 22
insert-- 23
`(2A) However, a councillor does not have a conflict of interest in a 24
matter-- 25
(a) merely because of-- 26
(i) an engagement with a community group, sporting 27
club or similar organisation undertaken by the 28
councillor in his or her capacity as a councillor; or 29
Page 35
Local Government and Other Legislation Amendment Bill 2012
Part 2 Amendment of City of Brisbane Act 2010
[s 48]
(ii) membership of a political party; or 1
(iii) membership of a community group, sporting club 2
or similar organisation if the councillor is not an 3
office holder for the group, club or organisation; or 4
(iv) the councillor's religious beliefs; or 5
(v) the councillor having been a student of a particular 6
school or the councillor's involvement with a 7
school as parent of a student at the school; or 8
(b) if the councillor has no greater personal interest in the 9
matter than that of other persons in Brisbane.'. 10
(3) Section 175(4) to (6), `subsection (3)'-- 11
omit, insert-- 12
`subsection (4)'. 13
(4) Section 175(5), `Subsection (6)'-- 14
omit, insert-- 15
`Subsection (7)'. 16
(5) Section 175(2A) to (9)-- 17
renumber as section 175(3) to (10). 18
Clause 48 Omission of s 176 (Duty to report another councillor's 19
material personal interest, conflict of interest or 20
misconduct) 21
Section 176-- 22
omit. 23
Clause 49 Replacement of ss 178-180 24
Sections 178 to 180-- 25
omit, insert-- 26
Page 36
Local Government and Other Legislation Amendment Bill 2012
Part 2 Amendment of City of Brisbane Act 2010
[s 49]
`178 What this division is about 1
`(1) This division is about dealing with complaints about the 2
conduct and performance of councillors, to ensure-- 3
(a) appropriate standards of conduct and performance are 4
maintained; and 5
(b) a councillor who engages in inappropriate conduct or 6
misconduct is appropriately disciplined. 7
`(2) However, this division does not apply to the conduct of 8
councillors at a meeting of the council or its committees, other 9
than a failure of a councillor to comply with a direction to 10
leave a meeting of the council or its committees made by the 11
chairperson of the meeting. 12
Note-- 13
The rules of procedure deal with the conduct of participants at meetings 14
of the council or its committees. 15
`(3) Misconduct is conduct, or a conspiracy or attempt to engage 16
in conduct, of or by a councillor-- 17
(a) that adversely affects, or could adversely affect, (either 18
directly or indirectly) the honest and impartial 19
performance of the councillor's responsibilities or 20
exercise of the councillor's powers; or 21
(b) that is or involves-- 22
(i) the performance of the councillor's 23
responsibilities, or the exercise of the councillor's 24
powers, in a way that is not honest or is not 25
impartial; or 26
(ii) a breach of the trust placed in the councillor; or 27
(iii) a misuse of information or material acquired in or 28
in connection with the performance of the 29
councillor's responsibilities, whether the misuse is 30
for the benefit of the councillor or someone else; or 31
(iv) a refusal by the councillor to comply with a 32
direction or order of the BCC councillor conduct 33
review panel about the councillor; or 34
Page 37
Local Government and Other Legislation Amendment Bill 2012
Part 2 Amendment of City of Brisbane Act 2010
[s 49]
(v) a failure of the councillor to comply with a 1
direction to leave a meeting of the council or its 2
committees made by the chairperson of the 3
meeting; or 4
(c) that contravenes section 173(3) or 175(4). 5
`(4) Inappropriate conduct is conduct of or by a councillor that is 6
not appropriate conduct for a representative of the council, but 7
is not misconduct. 8
`(5) It is irrelevant whether the conduct that constitutes 9
misconduct or inappropriate conduct was engaged in-- 10
(a) within Queensland or elsewhere; or 11
(b) when the councillor was not exercising the 12
responsibilities of a councillor. 13
`(6) The BCC councillor conduct review panel is a body, created 14
under this Act, that is responsible for hearing and deciding a 15
complaint of misconduct or inappropriate conduct by a 16
councillor. 17
`(7) To remove any doubt, it is declared that a councillor may be 18
dealt with for an act or omission that constitutes misconduct 19
under this Act, and also be dealt with for the same act or 20
omission-- 21
(a) as the commission of an offence; or 22
(b) under the Crime and Misconduct Act. 23
`(8) A decision under this division by any of the following persons 24
is not subject to appeal-- 25
(a) the BCC councillor conduct review panel; 26
(b) the department's chief executive; 27
(c) the chief executive officer. 28
Note-- 29
See section 226 for more information. 30
Page 38
Local Government and Other Legislation Amendment Bill 2012
Part 2 Amendment of City of Brisbane Act 2010
[s 49]
`178A Application to former councillors 1
`(1) This division applies to a complaint about the conduct of a 2
person who is no longer a councillor if-- 3
(a) the person was a councillor when the relevant conduct is 4
alleged to have happened; and 5
(b) the complaint is made within 2 years after the person 6
stopped being a councillor. 7
`(2) However, an entity dealing with the complaint under this 8
division may decide to take no further action in relation to the 9
complaint, despite any contrary requirement of this division, if 10
the entity considers the decision is in the public interest. 11
`(3) An entity that makes a decision under subsection (2) must 12
give the entity that made the complaint, and the accused 13
person, a written notice that states-- 14
(a) no further action will be taken in relation to the 15
complaint; and 16
(b) the reasons for the decision. 17
`(4) For applying this division to a complaint about a person who 18
is no longer a councillor, a reference to a councillor is taken to 19
be a reference to the person. 20
`179 Preliminary assessments of complaints 21
`(1) This section applies if the council, or the department's chief 22
executive, makes or receives a complaint about the conduct or 23
performance of a councillor. 24
`(2) The council, or the department's chief executive, must give 25
written notice of the complaint to the chief executive officer. 26
`(3) However, if the complaint was made by the chief executive 27
officer, written notice of the complaint must be given to the 28
department's chief executive. 29
`(4) After receiving notice of the complaint under subsection (2), 30
the chief executive officer must conduct a preliminary 31
assessment of the complaint. 32
Page 39
Local Government and Other Legislation Amendment Bill 2012
Part 2 Amendment of City of Brisbane Act 2010
[s 49]
`(5) After receiving notice of the complaint under subsection (3), 1
the department's chief executive must conduct a preliminary 2
assessment of the complaint. 3
`(6) A preliminary assessment is an assessment of a complaint 4
about the conduct or performance of a councillor to decide 5
whether the complaint-- 6
(a) is about a frivolous matter or was made vexatiously; or 7
(b) is about inappropriate conduct, misconduct, official 8
misconduct or another matter (including a general 9
complaint against the council, for example); or 10
(c) is lacking in substance. 11
`(7) This section does not apply to a complaint about official 12
misconduct referred to the department's chief executive by the 13
Crime and Misconduct Commission established under the 14
Crime and Misconduct Act. 15
`(8) A complaint about the conduct of councillors at a meeting of 16
the council or its committees is of no effect. 17
`180 Action after preliminary assessments 18
`(1) This section applies if the chief executive officer or the 19
department's chief executive (each a complaints assessor) 20
conducts a preliminary assessment of a complaint about the 21
conduct or performance of a councillor. 22
`(2) The complaints assessor may decide no further action need be 23
taken in relation to the complaint if the preliminary 24
assessment is-- 25
(a) that the complaint is about a frivolous matter or was 26
made vexatiously; or 27
(b) that the complaint is lacking in substance. 28
`(3) If the preliminary assessment is that the complaint is about 29
misconduct or inappropriate conduct, the complaints assessor 30
must refer the complaint to the BCC councillor conduct 31
review panel. 32
Page 40
Local Government and Other Legislation Amendment Bill 2012
Part 2 Amendment of City of Brisbane Act 2010
[s 50]
`(4) If the preliminary assessment is that the complaint is about 1
official misconduct under the Crime and Misconduct Act, the 2
complaints assessor must deal with the complaint under that 3
Act. 4
`(5) If the preliminary assessment is that the complaint is about 5
another matter, the complaints assessor must deal with the 6
complaint in an appropriate way. 7
`(6) After acting under subsection (2) to (5), the complaints 8
assessor must give the entity that made the complaint, and the 9
accused councillor, a written notice that states-- 10
(a) the type of complaint that the assessor has assessed the 11
complaint as; and 12
(b) the action (if any) that is proposed to be taken in relation 13
to the complaint; and 14
(c) if the complaint was about a frivolous matter, was made 15
vexatiously or was lacking in substance--that it is an 16
offence under subsection (7) for a person to make a 17
complaint that is substantially the same as a complaint 18
that the person has previously made. 19
`(7) A person must not make a complaint about the conduct or 20
performance of a councillor if-- 21
(a) the complaint is substantially the same as a complaint 22
that the person has previously made; and 23
(b) the complaints assessor has given the person a notice 24
that complies with subsection (6). 25
Maximum penalty for subsection (7)--10 penalty units.'. 26
Clause 50 Amendment of s 180A (Preliminary dealings with 27
complaints before hearing) 28
(1) Section 180A(1) and (3), after `the chief executive officer'-- 29
insert-- 30
`or the department's chief executive'. 31
(2) Section 180A-- 32
Page 41
Local Government and Other Legislation Amendment Bill 2012
Part 2 Amendment of City of Brisbane Act 2010
[s 51]
insert-- 1
`(4) Subsection (5) applies if the complainant is also a councillor. 2
`(5) Before conducting a hearing of the complaint-- 3
(a) the BCC councillor conduct review panel must require 4
the complainant to appear before the panel to confirm 5
the complaint; and 6
(b) the complainant must comply with the requirement 7
made under paragraph (a). 8
`(6) Despite section 178(3) and (4), a failure of a councillor to 9
comply with a requirement under subsection (5)(a) is not 10
misconduct or inappropriate conduct.'. 11
Clause 51 Amendment of s 182 (Hearing and deciding complaints) 12
(1) Section 182(1)-- 13
omit, insert-- 14
`(1) This section is about the hearing of a complaint of misconduct 15
or inappropriate conduct by the BCC councillor conduct 16
review panel.'. 17
(2) Section 182(2), (4) and (6), `or tribunal'-- 18
omit. 19
Clause 52 Amendment of s 183 (Taking disciplinary action--BCC 20
councillor conduct review panel) 21
(1) Section 183(5) and (6)-- 22
renumber as section 183(7) and (8). 23
(2) Section 183(1) to (4)-- 24
omit, insert-- 25
`(1) This section applies if the BCC councillor conduct review 26
panel decides, after hearing a complaint, that a councillor 27
engaged in misconduct or inappropriate conduct. 28
Page 42
Local Government and Other Legislation Amendment Bill 2012
Part 2 Amendment of City of Brisbane Act 2010
[s 52]
`(2) The BCC councillor conduct review panel may make any 1 or 1
more of the following orders or recommendations that it 2
considers appropriate in view of the circumstances relating to 3
the misconduct or inappropriate conduct-- 4
(a) an order that the councillor be counselled about the 5
misconduct or inappropriate conduct, and how not to 6
repeat the misconduct or inappropriate conduct; 7
(b) an order that the councillor make an admission of error
or an apology; 9
8
(c) an order that the councillor participate in mediation with 10
another person; 11
(d) a recommendation to the department's chief executive to 12
monitor the councillor or the council for compliance 13
with the local government related laws; 14
(e) an order that the councillor reimburse the council; 15
(f) a recommendation to the Minister that the councillor be 16
suspended for a stated period; 17
(g) a recommendation to the Crime and Misconduct 18
Commission or the police commissioner that the 19
councillor's conduct be further investigated; 20
(h) an order that the councillor pay to the council an amount 21
of not more than the monetary value of 50 penalty units. 22
`(3) A recommendation mentioned in subsection (2)(f) may 23
include a recommendation about the details of the suspension. 24
`(4) When deciding what disciplinary action is appropriate in view 25
of the circumstances relating to the misconduct or 26
inappropriate conduct, the BCC councillor conduct review 27
panel may consider-- 28
(a) any misconduct or inappropriate conduct of the 29
councillor in the past; and 30
(b) any allegation made in the hearing that was admitted or 31
was not challenged. 32
`(5) Subsection (6) applies if-- 33
Page 43
Local Government and Other Legislation Amendment Bill 2012
Part 2 Amendment of City of Brisbane Act 2010
[s 53]
(a) the BCC councillor conduct review panel decides, after 1
hearing a complaint, that a councillor engaged in 2
inappropriate conduct (the repeat conduct); and 3
(b) the panel has decided twice in the preceding year that 4
the same councillor engaged in inappropriate conduct. 5
`(6) When deciding what disciplinary action is appropriate, the 6
BCC councillor conduct review panel must consider the 7
repeat conduct to be misconduct.'. 8
Clause 53 Replacement of s 183A (Taking disciplinary 9
action--tribunal) 10
Section 183A-- 11
omit, insert-- 12
`183A Records about complaints 13
`(1) The chief executive officer must keep a record of-- 14
(a) all written complaints received by the chief executive 15
officer under this division; and 16
(b) the outcome of each written complaint, including any 17
disciplinary action or other action that was taken in 18
relation to the complaint. 19
`(2) The chief executive officer must ensure that the public may 20
inspect the part of the record that relates to outcomes of 21
written complaints-- 22
(a) at the council's public office; or 23
(b) on the council's website. 24
`(3) However, subsection (2) does not apply to the record of a 25
written complaint that-- 26
(a) the chief executive officer or the department's chief 27
executive has assessed as being about a frivolous matter, 28
having been made vexatiously or lacking in substance; 29
or 30
(b) is a public interest disclosure within the meaning of the 31
Public Interest Disclosure Act 2010.'. 32
Page 44
Local Government and Other Legislation Amendment Bill 2012
Part 2 Amendment of City of Brisbane Act 2010
[s 54]
Clause 54 Omission of ss 184 and 185 1
Sections 184 and 185-- 2
omit. 3
Clause 55 Insertion of new ch 6, pt 2, div 7 4
After section 186-- 5
insert-- 6
`Division 7 Conduct in meetings of the council 7
`186A Conduct in meetings of the council or its committees 8
`(1) This section applies to the chairperson of the council or a 9
committee chairperson in addition to any powers they may 10
have under the council's rules of procedure. 11
`(2) If disorderly conduct happens in a meeting of the council or 12
its committees, the chairperson of the meeting may make any 13
1 or more of the following orders that the chairperson 14
considers appropriate in the circumstances-- 15
(a) an order that the councillor's conduct be noted in the 16
minutes of the meeting; 17
(b) an order that the councillor leave the place where the 18
meeting is being held (including any area set aside for 19
the public), and stay out of the place for the rest of the 20
meeting; 21
(c) if the councillor fails to comply with an order under 22
paragraph (b) to leave a place--an order that the 23
councillor be removed from the place. 24
`(3) Disorderly conduct is conduct of a councillor that 25
contravenes the council's rules of procedure. 26
`(4) The rules of procedure are, under a local law, the rules 27
decided by council for the conduct of the participants at 28
meetings of the council or its committees (including rules 29
about challenging decisions of the chairperson relating to 30
observing or enforcing the rules, for example). 31
Page 45
Local Government and Other Legislation Amendment Bill 2012
Part 2 Amendment of City of Brisbane Act 2010
[s 56]
`(5) A decision under this section by either of the following 1
persons is not subject to appeal other than under the council's 2
rules of procedure-- 3
(a) the chairperson of the council; 4
(b) a committee chairperson. 5
Note-- 6
See section 226 for more information.'. 7
Clause 56 Amendment of s 191 (Appointing an acting chief 8
executive officer) 9
Section 191, `council'-- 10
omit, insert-- 11
`Establishment and Coordination Committee'. 12
Clause 57 Amendment of s 194 (Disciplinary action against council 13
employees) 14
(1) Section 194(1), `is the only person who'-- 15
omit. 16
(2) Section 194(2)-- 17
omit, insert-- 18
`(2) A regulation may prescribe-- 19
(a) when disciplinary action may be taken against a council 20
employee; and 21
(b) the types of disciplinary action that may be taken against 22
a council employee.'. 23
(3) Section 194(3)-- 24
omit. 25
Page 46
Local Government and Other Legislation Amendment Bill 2012
Part 2 Amendment of City of Brisbane Act 2010
[s 58]
Clause 58 Amendment of s 196 (Improper conduct by council 1
employees) 2
(1) Section 196(2)(a) to (c)-- 3
omit, insert-- 4
`(a) a contractor of the council; and 5
(b) a type of person prescribed under a regulation.'. 6
(2) Section 196(3), penalty-- 7
omit, insert-- 8
`Maximum penalty--100 penalty units or 2 years 9
imprisonment.'. 10
Clause 59 Amendment of s 197 (Use of information by council 11
employees) 12
(1) Section 197(2)(a) to (c)-- 13
omit, insert-- 14
`(a) a contractor of the local government; and 15
(b) a type of person prescribed under a regulation.'. 16
(2) Section 197(3), penalty-- 17
omit, insert-- 18
`Maximum penalty--100 penalty units or 2 years 19
imprisonment.'. 20
(3) Section 197(4) and (6) to (8)-- 21
omit. 22
(4) Section 197(9), penalty-- 23
omit, insert-- 24
`Maximum penalty for subsection (5)--100 penalty units or 2 25
years imprisonment.'. 26
(5) Section 197(5) and (9)-- 27
renumber as section 197(4) and (5). 28
Page 47
Local Government and Other Legislation Amendment Bill 2012
Part 2 Amendment of City of Brisbane Act 2010
[s 60]
Clause 60 Replacement of s 198 (Annual report must detail 1
remuneration) 2
Section 198-- 3
omit, insert-- 4
`198 Annual report must detail remuneration 5
`(1) The annual report of the council must state-- 6
(a) the total remuneration packages that are payable (in the 7
year to which the annual report relates) to the chief 8
executive officer together with all senior executive 9
employees; and 10
(b) the number of senior executive employees who are 11
being paid each band of remuneration. 12
`(2) Each band of remuneration is an increment of $100000.'. 13
Clause 61 Amendment of s 215 (False or misleading information) 14
Section 215(1)(g) and (h)-- 15
omit, insert-- 16
`(g) the grants commission.'. 17
Clause 62 Amendment of s 216 (Administrators who act honestly 18
and without negligence are protected from liability) 19
(1) Section 216(1) and (2)-- 20
omit. 21
(2) Section 216(4)(g) and (h)-- 22
omit, insert-- 23
`(g) a person acting under the direction of a person 24
mentioned in paragraph (a), (b) or (c).'. 25
(3) Section 216(5)(a) and (b)-- 26
omit, insert-- 27
`(a) a councillor; or 28
Page 48
Local Government and Other Legislation Amendment Bill 2012
Part 2 Amendment of City of Brisbane Act 2010
[s 63]
(b) the chief executive officer; or'. 1
(4) Section 216(6) and (7), `(3)'-- 2
omit, insert-- 3
`(1)'. 4
(5) Section 216(3) to (8)-- 5
renumber as section 216(1) to (6). 6
Clause 63 Amendment of s 217 (Who is authorised to sign council 7
documents) 8
Section 217-- 9
insert-- 10
`(2) The head of the council is-- 11
(a) the mayor; or 12
(b) if there are no councillors for any reason--the chief 13
executive officer.'. 14
Clause 64 Amendment of s 218 (Name in proceedings by or against 15
council) 16
(1) Section 218(2)-- 17
renumber as section 218(3). 18
(2) Section 218-- 19
insert-- 20
`(2) However, the council may start a proceeding under the 21
Justices Act 1886 in the name of a council employee who is a 22
public officer within the meaning of that Act.'. 23
Clause 65 Amendment of s 238 (Delegation of council powers) 24
(1) Section 238(1)-- 25
insert-- 26
`(f) the Establishment and Coordination Committee.'. 27
Page 49
Local Government and Other Legislation Amendment Bill 2012
Part 2 Amendment of City of Brisbane Act 2010
[s 66]
(2) Section 238(1)(e)-- 1
omit. 2
(3) Section 238(1)(f)-- 3
renumber as section 238(1)(e). 4
Clause 66 Amendment of s 239 (Delegation of chief executive 5
officer's powers) 6
Section 239(2)(c)-- 7
omit. 8
Clause 67 Replacement of s 244 (Requirements for particular 9
guidelines) 10
Section 244-- 11
omit, insert-- 12
`244 Acceptable requests guidelines 13
`(1) The acceptable requests guidelines are guidelines about-- 14
(a) the way in which a councillor may ask a council 15
employee for advice to help the councillor carry out his 16
or her responsibilities under this Act; and 17
(b) when advice relates to the ward a councillor represents; 18
and 19
(c) the reasonable limits on requests that a councillor may 20
make. 21
`(2) The acceptable requests guidelines are made by the 22
Establishment and Coordination Committee.'. 23
Clause 68 Omission of s 249 (Review of this Act) 24
Section 249-- 25
omit. 26
Page 50
Local Government and Other Legislation Amendment Bill 2012
Part 2 Amendment of City of Brisbane Act 2010
[s 69]
Clause 69 Insertion of new s 250A 1
After section 250-- 2
insert-- 3
`250A Advisory polls 4
`The council may, in the way decided by the council, conduct 5
a voluntary poll of the electors in Brisbane or a part of 6
Brisbane on any issue of concern to Brisbane or the part.'. 7
Clause 70 Amendment of s 252 (Regulation-making power) 8
(1) Section 252(2)(b)-- 9
omit. 10
(2) Section 252(2)(c) to (j)-- 11
renumber as section 252(2)(b) to (i). 12
Clause 71 Insertion of new ch 8, pt 5 13
Chapter 8-- 14
insert-- 15
`Part 5 Transitional provisions for 16
Local Government and Other 17
Legislation Amendment Act 18
2012 19
`267 Change in dealing with complaints 20
`(1) This section applies if-- 21
(a) the council, or the department's chief executive, makes 22
or receives a complaint about the conduct or 23
performance of a councillor before the commencement; 24
and 25
Page 51
Local Government and Other Legislation Amendment Bill 2012
Part 2 Amendment of City of Brisbane Act 2010
[s 72]
(b) an entity had started dealing with, but had not finally 1
dealt with, the complaint under chapter 6, part 2, 2
division 6. 3
`(2) The former process continues to apply in relation to the 4
complaint despite any amendment of this Act under the Local 5
Government and Other Legislation Amendment Act 2012. 6
`(3) The former process is chapter 6, part 2, division 6 as in force 7
immediately before the commencement. 8
`(4) To remove any doubt, it is declared that-- 9
(a) an entity dealing with the complaint must deal with the 10
complaint under the former process; and 11
(b) any disciplinary action taken against a councillor 12
because of the complaint is limited to the action that 13
may be taken under the former process. 14
`268 Change in process for making local laws 15
`(1) This section applies if the council has begun, but not 16
completed, its process for making a local law before the 17
commencement. 18
`(2) The council may continue the process for making the local 19
law despite any amendment of this Act under the Local 20
Government and Other Legislation Amendment Act 2012. 21
`(3) Chapter 3, part 1, as in force immediately before the 22
commencement, continues to apply for the purpose of 23
subsection (2).'. 24
Clause 72 Amendment of schedule (Dictionary) 25
(1) Schedule, definitions advice guidelines, BCC councillors 26
code of conduct, corporatisation, drafting certificate, drafting 27
standards, full-time government job, head of the council, 28
reasonable written notice, remedial notice, rules of procedure 29
and tribunal-- 30
omit. 31
Page 52
Local Government and Other Legislation Amendment Bill 2012
Part 2 Amendment of City of Brisbane Act 2010
[s 72]
(2) Schedule-- 1
insert-- 2
`component local government see the Local Government Act, 3
section 25A(4). 4
joint local government see the Local Government Act, 5
section 25A(2). 6
joint local government area see the Local Government Act, 7
section 25A(3). 8
public place, for chapter 5, part 2, division 1, see section 9
114(5). 10
preliminary assessment see section 179(6). 11
reasonable entry notice see section 127A(3). 12
remedial notice see section 127A(1). 13
rules of procedure see section 186A(4).'. 14
(3) Schedule, definition acceptable requests guidelines, 15
`171(5)'-- 16
omit, insert-- 17
`244(1)'. 18
(4) Schedule, definition BCC councillor conduct review panel, 19
`178(7)'-- 20
omit, insert-- 21
`178(6)'. 22
(5) Schedule, definition conflict of interest, `175(3)'-- 23
omit, insert-- 24
`175(2)'. 25
(6) Schedule, definition council worker, `127(6)'-- 26
omit, insert-- 27
`127(4)'. 28
(7) Schedule, definition full cost pricing, `48(4)'-- 29
Page 53
Local Government and Other Legislation Amendment Bill 2012
Part 3 Amendment of Local Government Act 2009
[s 73]
omit, insert-- 1
`48(3)'. 2
(8) Schedule, definition ordinary business matter, paragraph 3
(e)-- 4
omit, insert-- 5
`(e) a planning scheme, or amendment of a planning 6
scheme, for Brisbane; or'. 7
(9) Schedule, definition ordinary business matter-- 8
insert-- 9
`(h) another matter prescribed under a regulation.'. 10
Part 3 Amendment of Local 11
Government Act 2009 12
Clause 73 Act amended 13
This part amends the Local Government Act 2009. 14
Note-- 15
See also the amendments in the schedule. 16
Clause 74 Amendment of s 5 (Relationship with City of Brisbane Act 17
2010) 18
(1) Section 5(1)-- 19
insert-- 20
`Note-- 21
See the City of Brisbane Act 2010, section 5.'. 22
(2) Section 5(2)-- 23
omit. 24
Page 54
Local Government and Other Legislation Amendment Bill 2012
Part 3 Amendment of Local Government Act 2009
[s 75]
Clause 75 Amendment of s 7 (What this part is about) 1
Section 7(c) and (d)-- 2
omit, insert-- 3
`(c) the responsibilities and powers of a local government, 4
its councillors and its employees.'. 5
Clause 76 Amendment of s 9 (Powers of local governments 6
generally) 7
Section 9-- 8
insert-- 9
`(6) Subsections (7) and (8) apply if a local government is a 10
component local government for a joint local government. 11
`(7) Despite subsection (1), a local government may not, within 12
the joint local government's area, exercise a power for which 13
the joint local government has jurisdiction. 14
`(8) However, the local government may exercise the power as a 15
delegate of the joint local government.'. 16
Clause 77 Replacement of s 11 (Who a local government is 17
constituted by) 18
Section 11-- 19
omit, insert-- 20
`11 Local governments are bodies corporate etc. 21
`A local government-- 22
(a) is a body corporate with perpetual succession; and 23
(b) has a common seal; and 24
(c) may sue and be sued in its name.'. 25
Clause 78 Amendment of s 12 (Responsibilities of councillors) 26
(1) Section 12(4)(b)-- 27
Page 55
Local Government and Other Legislation Amendment Bill 2012
Part 3 Amendment of Local Government Act 2009
[s 79]
omit, insert-- 1
`(b) preparing a budget to present to the local government;'. 2
(2) Section 12(4)(c)-- 3
omit. 4
(3) Section 12(4)(e), `chief executive officer,'-- 5
omit, insert-- 6
`chief executive officer and senior executive employees,'. 7
(4) Section 12(4)(d) to (i)-- 8
renumber as section 12(4)(c) to (h). 9
Clause 79 Amendment of s 13 (Responsibilities of local government 10
employees) 11
(1) Section 13(3)(e)-- 12
omit. 13
(2) Section 13(3)(g)-- 14
omit, insert-- 15
`(g) complying with requests from councillors-- 16
(i) for advice to help the councillor perform his or her 17
role as a councillor; or 18
(ii) for information, that the local government has 19
access to, relating to the local government.'. 20
(3) Section 13(3)(f) and (g)-- 21
renumber as section 13(3)(e) and (f). 22
Clause 80 Insertion of new ch 2A 23
After section 25-- 24
insert-- 25
Page 56
Local Government and Other Legislation Amendment Bill 2012
Part 3 Amendment of Local Government Act 2009
[s 80]
`Chapter 2A Joint local governments 1
`Part 1 Preliminary 2
`25A What this chapter is about 3
`(1) This chapter explains what a joint local government is and its 4
responsibilities and powers. 5
Note-- 6
For other flexible forms of cooperation between local governments, see 7
section 10. 8
`(2) A joint local government is an entity that, within a joint local 9
government area, takes over particular responsibilities from its 10
component local governments. 11
`(3) A joint local government area is a part of the State that 12
consists of the whole or parts of 2 or more local government 13
areas of component local governments. 14
`(4) A component local government is a local government entitled 15
to be represented on a joint local government, either in its own 16
right or as a member of a group of local governments. 17
`(5) In this chapter local government includes the Brisbane City 18
Council. 19
`Part 2 Establishment and operation of 20
joint local governments 21
`25B Constitution of joint local governments 22
`(1) Before establishing a joint local government, the proposed 23
component local governments must reach agreement about 24
the constitution of the joint local government. 25
Page 57
Local Government and Other Legislation Amendment Bill 2012
Part 3 Amendment of Local Government Act 2009
[s 80]
`(2) The constitution of a joint local government is a document 1
setting out the following-- 2
(a) the name of the joint local government; 3
(b) the responsibilities to be transferred to the joint local 4
government from its component local governments; 5
(c) the boundaries of the joint local government area; 6
(d) the number of members of the joint local government to 7
which each component local government is entitled; 8
(e) the process for appointing members; 9
(f) the proportion of the cost of the operations of the joint 10
local government that must be contributed by each of its 11
component local governments; 12
(g) the recovery of the cost of the operations of the joint 13
local government; 14
(h) another matter-- 15
(i) for which it is necessary or convenient to provide 16
for the joint local government's establishment or 17
operation; but 18
(ii) for which this Act does not make provision or 19
adequate provision. 20
`(3) The boundaries of a joint local government area may not be 21
beyond the boundaries of its component local governments. 22
`(4) Only a councillor of a component local government may be a 23
member of a joint local government. 24
`(5) The members of a joint local government are not entitled to 25
any additional remuneration or allowances for being members 26
of the joint local government. 27
`25C Establishment of joint local governments 28
`(1) A joint local government is established for an area if 2 or 29
more local governments approve, by resolution, the 30
constitution for the joint local government. 31
Page 58
Local Government and Other Legislation Amendment Bill 2012
Part 3 Amendment of Local Government Act 2009
[s 80]
`(2) Two or more joint local governments may be established for 1
the same joint local government area, or part of a joint local 2
government area, if the joint local governments are to have 3
different functions. 4
`(3) Each component local government must ensure the public 5
may inspect or purchase a copy of an approved constitution 6
for the joint local government at the component local 7
government's public office. 8
`25D Joint local governments are bodies corporate etc. 9
`A joint local government-- 10
(a) is a body corporate with perpetual succession; and 11
(b) has a common seal; and 12
(c) may sue and be sued in its name. 13
`25E Powers of joint local governments generally 14
`(1) A joint local government has the same powers as a local 15
government to do anything that is necessary or convenient for 16
performing its responsibilities. 17
Notes-- 18
1 For the powers of a local government, see sections 9 and 262. 19
2 A joint local government only has the responsibilities given to it by 20
its component local governments under its constitution. See section 21
25B(2). 22
`(2) In exercising a power under subsection (1), a joint local 23
government has the same limitations and obligations that its 24
component local governments would have under this or 25
another Act in exercising the power. 26
Example-- 27
If a component local government must comply with particular 28
requirements before exercising a power under an Act, a joint local 29
government must also comply with the requirements before exercising 30
the same power. 31
Page 59
Local Government and Other Legislation Amendment Bill 2012
Part 3 Amendment of Local Government Act 2009
[s 80]
`(3) For the purpose of subsections (1) and (2), a reference to a 1
local government in this or another Act is taken to include a 2
reference to a joint local government. 3
`(4) A joint local government may exercise its powers in its own 4
name. 5
`25F Restriction on power to make or levy rates and charges 6
`(1) A joint local government can not make or levy any rates or 7
charges on land. 8
`(2) A component local government of a joint local government 9
may make or levy rates and charges on land for a matter 10
within its jurisdiction, even though-- 11
(a) the land is within the joint local government's area; and 12
(b) the purpose for the rates or charges relates to a matter 13
within the joint local government's jurisdiction. 14
`25G Limitation on powers of a component local government 15
`(1) A component local government may not, within a joint local 16
government area, exercise a power for which the joint local 17
government has jurisdiction. 18
`(2) However, the component local government may exercise the 19
power as a delegate of the joint local government. 20
`25H Chairperson and deputy chairperson 21
`A joint local government must appoint a chairperson and 22
deputy chairperson from its members, by resolution, at-- 23
(a) the first meeting of the joint local government; and 24
(b) at its first meeting after each quadrennial election after 25
the meeting mentioned in paragraph (a). 26
Page 60
Local Government and Other Legislation Amendment Bill 2012
Part 3 Amendment of Local Government Act 2009
[s 81]
`25I Disbursement from operating fund of joint local 1
government for purposes other than exclusive 2
jurisdiction 3
`(1) A joint local government may make a disbursement from its 4
operating fund for any purpose that-- 5
(a) is not within the exclusive jurisdiction of the joint local 6
government; but 7
(b) is within the jurisdiction of its component local 8
governments. 9
`(2) However, the disbursement may be made only if-- 10
(a) the joint local government has, by resolution, decided 11
the amount of the disbursement is not required for 12
exercising its exclusive jurisdiction; and 13
(b) the component local governments approve the purpose 14
for which the disbursement is to be made. 15
`(3) The approval may be given for the purpose for disbursements 16
in more than 1 financial year. 17
`(4) A disbursement under this section may be made-- 18
(a) to a component local government or another entity; or 19
(b) directly by the joint local government. 20
`25J Winding up joint local governments 21
`(1) A joint local government may, by resolution, decide to wind 22
up the joint local government. 23
`(2) If a joint local government acts under subsection (1), the joint 24
local government must cease to carry out activities except so 25
far as is required for winding up the joint local government.'. 26
Clause 81 Amendment of s 26 (What this part is about) 27
(1) Section 26(3)(c), `is an adopted'-- 28
omit, insert-- 29
`incorporates a'. 30
Page 61
Local Government and Other Legislation Amendment Bill 2012
Part 3 Amendment of Local Government Act 2009
[s 82]
(2) Section 26(7), `adoption by all local governments.'-- 1
omit, insert-- 2
`incorporation by all local governments into their local laws.'. 3
Clause 82 Replacement of ss 29 and 29A 4
Sections 29 and 29A-- 5
omit, insert-- 6
`29 Local law making process 7
`(1) A local government may decide its own process for making a 8
local law to the extent that the process is not inconsistent with 9
this part. 10
`(2) A local government makes a local law by passing a resolution 11
to make the local law. 12
`(3) If a local government proposes to make a local law about a 13
matter (the new local law) and there is an existing local law 14
about the same matter that would be inconsistent with the new 15
local law, the local government must amend or repeal the 16
existing local law so that there is no inconsistency. 17
Note-- 18
The new local law may include the amendment or repeal of the 19
inconsistent law in the same instrument. 20
`(4) An interim local law must include a provision stating when 21
the law expires. 22
`(5) A local government must ensure its local laws are drafted in 23
compliance with the guidelines issued by the Parliamentary 24
Counsel under the Legislative Standards Act 1992, section 9 25
for local laws and subordinate local laws. 26
`(6) To remove any doubt, it is declared that a local government 27
does not have to carry out any public consultation before 28
making either of the following-- 29
(a) an interim local law; 30
(b) a local law that only incorporates a model local law and 31
does not contain an anti-competitive provision. 32
Page 62
Local Government and Other Legislation Amendment Bill 2012
Part 3 Amendment of Local Government Act 2009
[s 83]
`29A State interest check 1
`(1) This section applies if a local government proposes to make a 2
local law other than the following-- 3
(a) a local law that incorporates a model local law; 4
(b) a subordinate local law. 5
`(2) However, this section also applies to a local law that 6
incorporates a model local law if the local law includes more 7
than-- 8
(a) the model local law; or 9
(b) any amendment or repeal of an existing local law that 10
would be inconsistent with the model local law. 11
`(3) A local government must consult with relevant government 12
entities about the overall State interest in the proposed local 13
law before making the local law.'. 14
Clause 83 Amendment of s 29B (Notice of new local law) 15
(1) Section 29B, heading-- 16
omit, insert-- 17
`29B Publication of local laws'. 18
(2) Section 29B(1)(a) to (c)-- 19
omit, insert-- 20
`(a) in the gazette; and 21
(b) on the local government's website.'. 22
(3) Section 29B-- 23
insert-- 24
`(2A) The notice in the gazette must state-- 25
(a) the name of the local government; and 26
(b) the date when the local government made the resolution 27
to make the local law; and 28
(c) the name of the local law; and 29
Page 63
Local Government and Other Legislation Amendment Bill 2012
Part 3 Amendment of Local Government Act 2009
[s 84]
(d) the name of any existing local law that was amended or 1
repealed by the new local law.'. 2
(4) Section 29B(3), `notice must'-- 3
omit, insert-- 4
`notice on the local government's website must'. 5
(5) Section 29B(3)(e), `is an adopted'-- 6
omit, insert-- 7
`incorporates a'. 8
(6) Section 29B(6), `7 days'-- 9
omit, insert-- 10
`14 days'. 11
(7) Section 29B(6)(b), `law.'-- 12
omit, insert-- 13
`law in electronic form.'. 14
(8) Section 29B(2A) to (6)-- 15
renumber as section 29B(3) to (7). 16
Clause 84 Amendment of s 31 (Local law register) 17
Section 31-- 18
insert-- 19
`(3) The department's chief executive must keep a database of all 20
local governments' local laws and ensure a copy of the 21
database may be viewed by the public on its website.'. 22
Clause 85 Omission of s 33 (Regular review of local laws) 23
Section 33-- 24
omit. 25
Page 64
Local Government and Other Legislation Amendment Bill 2012
Part 3 Amendment of Local Government Act 2009
[s 86]
Clause 86 Amendment of s 37 (Development processes) 1
Section 37(3) to (5)-- 2
omit, insert-- 3
`(3) However, if a local law already contains a provision that 4
establishes an alternative development process, the council 5
may amend or repeal the provision at any time. 6
`(4) A local law has no effect to the extent that it is contrary to this 7
section. 8
`(5) This section does not apply to a local government's local law 9
about any of the following matters unless the matter is 10
covered by the local government's planning scheme, the 11
Planning Act or another instrument made under that Act-- 12
(a) advertising devices; 13
(b) gates and grids; 14
(c) levees; 15
(d) roadside dining.'. 16
Clause 87 Renumbering of ch 3, pt 1, div 4 (Miscellaneous) 17
Chapter 3, part 1, division 4-- 18
renumber as chapter 3, part 1, division 5. 19
Clause 88 Insertion of new ch 3, pt 1, div 4 20
Chapter 3, part 1-- 21
insert-- 22
`Division 4 Action by the Minister about 23
particular local laws 24
`38AB Suspending or revoking particular local laws 25
`(1) This section applies if the Minister reasonably believes a local 26
law-- 27
Page 65
Local Government and Other Legislation Amendment Bill 2012
Part 3 Amendment of Local Government Act 2009
[s 88]
(a) is contrary to any other law; or 1
(b) is inconsistent with the local government principles; or 2
(c) does not satisfactorily deal with the overall State 3
interest. 4
`(2) The Minister, by gazette notice, may-- 5
(a) suspend the local law, for a stated period or indefinitely; 6
or 7
(b) revoke the local law. 8
`(3) The gazette notice must state-- 9
(a) how the local law is contrary to another law, is 10
inconsistent with the local government principles or 11
does not satisfactorily deal with the overall State 12
interest; and 13
(b) if the local law has been suspended--how the local law 14
may be amended so that it-- 15
(i) is no longer contrary to the other law; or 16
(ii) is no longer inconsistent with the local government 17
principles; or 18
(iii) satisfactorily deals with the overall State interest. 19
`(4) If the Minister suspends a local law, the local law stops having 20
effect for the period stated in the gazette notice. 21
`(5) If the Minister revokes the local law-- 22
(a) the local law stops having effect on the day stated in the 23
gazette notice; or 24
(b) if no day is stated in the gazette notice--the local law is 25
taken to never have had effect. 26
`(6) The State is not liable for any loss or expense incurred by a 27
person because a local law is suspended or revoked under this 28
section. 29
`(7) A decision of the Minister under this section is not subject to 30
appeal. 31
Page 66
Local Government and Other Legislation Amendment Bill 2012
Part 3 Amendment of Local Government Act 2009
[s 89]
Note-- 1
See section 244 for more information.'. 2
Clause 89 Insertion of new s 38B 3
Chapter 3, part 1-- 4
insert-- 5
`38B Owners' liability for party houses 6
`(1) A local government may make a local law that makes the 7
owner of a residential property liable to a penalty because of 8
excessive noise regularly emitted from the property. 9
`(2) The owner of a residential property includes a tenant if the 10
tenant has a right of exclusive occupation of the property 11
under a lease. 12
`(3) A residential property is a property of a type that would 13
ordinarily be used, or is intended to be used, as a place of 14
residence or mainly as a place of residence. 15
`(4) To remove any doubt, it is declared that-- 16
(a) the local law may fix the number of times that excessive 17
noise must be emitted from a property before the owner 18
becomes liable to the penalty; and 19
(b) a property is not precluded from being a residential 20
property merely because the property is rented on a 21
short-term basis. 22
`(5) In a proceeding about a contravention of the local law-- 23
(a) a noise abatement direction given to a person at a 24
property is evidence of excessive noise being emitted 25
from the property; and 26
(b) a copy of information recorded in the register of 27
enforcement acts under the Police Powers and 28
Responsibilities Act 2000 about the giving of a noise 29
abatement direction is evidence of the matters stated in 30
it. 31
Page 67
Local Government and Other Legislation Amendment Bill 2012
Part 3 Amendment of Local Government Act 2009
[s 90]
`(6) A noise abatement direction is a direction given to a person 1
by a police officer under the Police Powers and 2
Responsibilities Act 2000, section 581(3). 3
`(7) Despite subsection (5), a defendant may, with the leave of the 4
court, require the prosecution to call any person involved in 5
the giving of the noise abatement direction to give evidence at 6
the hearing. 7
`(8) The court may give leave only if the court is satisfied that-- 8
(a) an irregularity may exist in relation to the information or 9
the giving of the noise abatement direction; or 10
(b) it is in the interests of justice that the person be called to 11
give evidence. 12
`(9) The chief executive officer may ask the police commissioner 13
to give the chief executive officer information about noise 14
abatement directions given to persons in the local government 15
area. 16
`(10) The police commissioner must comply with the request.'. 17
Clause 90 Replacement of s 40 (Conducting beneficial enterprises) 18
Section 40-- 19
omit, insert-- 20
`40 Conducting beneficial enterprises 21
`(1) A local government may conduct a beneficial enterprise. 22
`(2) To conduct the beneficial enterprise, the local government-- 23
(a) may participate with an association, other than by being 24
an unlimited partner of a partnership; and 25
(b) must not, either directly or by participating with an 26
association, participate with an unlimited corporation; 27
and 28
(c) must not enter into an agreement that does not limit the 29
liability of the local government, as between the parties 30
to the agreement, to the amount committed by the local 31
government under the agreement. 32
Page 68
Local Government and Other Legislation Amendment Bill 2012
Part 3 Amendment of Local Government Act 2009
[s 91]
Note-- 1
Under the Statutory Bodies Financial Arrangements Act 1982, a local 2
government may need the Treasurer's approval before entering into 3
particular financial arrangements. 4
`(3) An association is-- 5
(a) a partnership; or 6
(b) a corporation limited by shares but not listed on a stock 7
exchange; or 8
(c) a corporation limited by guarantee but not listed on a
stock exchange; or 1
90
(d) another association of persons that is not a corporation. 11
`(4) An unlimited corporation means a corporation whose 12
members have no limit placed on their liability. 13
`(5) A local government participates with an association or 14
unlimited corporation if the local government-- 15
(a) forms, or takes part in forming, an association or 16
unlimited corporation; or 17
(b) becomes a member of an association or unlimited 18
corporation; or 19
(c) takes part in the management of an association or 20
unlimited corporation; or 21
(d) acquires or disposes of shares, debentures or securities 22
of an association or unlimited corporation.'. 23
Clause 91 Replacement of s 41 (Register of beneficial enterprises) 24
Section 41-- 25
omit, insert-- 26
`41 Identifying beneficial enterprises 27
`A local government's annual report for each financial year 28
must contain a list of all the beneficial enterprises that the 29
local government conducted during the financial year.'. 30
Page 69
Local Government and Other Legislation Amendment Bill 2012
Part 3 Amendment of Local Government Act 2009
[s 92]
Clause 92 Omission of s 42 (Planning for a beneficial enterprise 1
with the private sector) 2
Section 42-- 3
omit. 4
Clause 93 Amendment of s 44 (Ways to apply the competitive 5
neutrality principle) 6
(1) Section 44(1)(b) and (c)-- 7
omit, insert-- 8
`(b) full cost pricing of a significant business activity.'. 9
(2) Section 44(3)-- 10
omit. 11
(3) Section 44(4), `or new corporate entity'-- 12
omit. 13
(4) Section 44(5)(a), `corporatisation,'-- 14
omit. 15
(5) Section 44(4) and (5)-- 16
renumber as section 44(3) and (4). 17
Clause 94 Omission of ch 3, pt 2, divs 3 and 4 18
Chapter 3, part 2, divisions 3 and 4-- 19
omit. 20
Clause 95 Amendment of s 60 (Control of roads) 21
Section 60-- 22
insert-- 23
`(3) Nothing in subsection (1) makes a local government liable for 24
the construction, maintenance or improvement of a private 25
road. 26
Page 70
Local Government and Other Legislation Amendment Bill 2012
Part 3 Amendment of Local Government Act 2009
[s 96]
`(4) A private road is a road over land that is owned by a person 1
who may lawfully exclude other persons from using the 2
road.'. 3
Clause 96 Amendment of s 61 (Notice of intention to acquire land to 4
widen a road) 5
Section 61(3), `to the court'-- 6
omit, insert-- 7
`to the local government'. 8
Clause 97 Amendment of s 63 (Appeal on a claim for compensation) 9
(1) Section 63(1) and (3), `Planning and Environment Court'-- 10
omit, insert-- 11
`Land Court'. 12
(2) Section 63(3)-- 13
renumber as section 63(4). 14
(3) Section 63-- 15
insert-- 16
`(3) However, the Land Court may extend the period if satisfied in 17
all the circumstances that it is reasonable to do so.'. 18
Clause 98 Amendment of s 66 (Compensation if realignment not 19
carried out) 20
Section 66(1)(b), `the local government has made structural 21
improvements'-- 22
omit, insert-- 23
`structural improvements have been made'. 24
Clause 99 Amendment of s 69 (Closing roads) 25
(1) Section 69(1), `traffic or particular traffic, if'-- 26
Page 71
Local Government and Other Legislation Amendment Bill 2012
Part 3 Amendment of Local Government Act 2009
[s 100]
omit, insert-- 1
`all traffic, or traffic of a particular class, if'. 2
(2) Section 69(2), `traffic--'-- 3
omit, insert-- 4
`all traffic or traffic of a particular class--'. 5
Clause 100 Amendment of ch 3, pt 4 hdg (The business of 6
indigenous regional councils) 7
Chapter 3, part 4, heading, `regional councils'-- 8
omit, insert-- 9
`local governments'. 10
Clause 101 Replacement of s 81 (What this part is about) 11
Section 81-- 12
omit, insert-- 13
`81 What this part is about 14
`This part contains provisions that relate only to the following 15
local governments-- 16
(a) Aurukun Shire Council; 17
(b) Mornington Shire Council; 18
(c) an indigenous local government.'. 19
Clause 102 Amendment of s 82 (What this division is about) 20
Section 82(2)-- 21
omit, insert-- 22
`(2) A trustee council is any of the following local governments if 23
the local government is a trustee of trust land-- 24
(a) Aurukun Shire Council; 25
Page 72
Local Government and Other Legislation Amendment Bill 2012
Part 3 Amendment of Local Government Act 2009
[s 103]
(b) Mornington Shire Council; 1
(c) an indigenous local government.'. 2
Clause 103 Amendment of s 85 (Community forum input on trust 3
change proposals) 4
Section 85(1)(a) and (b)-- 5
omit, insert-- 6
`(a) a trustee council is an indigenous regional council; and 7
(b) the trustee council wants to consider a trust change 8
proposal; and 9
(c) a community forum has been established for the division 10
of the local government where the trust land is located.'. 11
Clause 104 Amendment of s 85A (Trust change decisions if no 12
community forum) 13
Section 85A(1)(a) and (b)-- 14
omit, insert-- 15
`(a) a trustee council, that is an indigenous regional council, 16
proposes to make a trust change decision; and 17
(b) a community forum has not been established for the
division of the local government where the trust land is 19
18
located.'. 20
Clause 105 Amendment of ch 4, pt 3 hdg (Financial sustainability and 21
accountability) 22
Chapter 4, part 3, heading, `sustainability'-- 23
omit, insert-- 24
`planning'. 25
Page 73
Local Government and Other Legislation Amendment Bill 2012
Part 3 Amendment of Local Government Act 2009
[s 106]
Clause 106 Omission of s 102 (Financial sustainability criteria) 1
Section 102-- 2
omit. 3
Clause 107 Replacement of s 104 (Financial management, planning 4
and accountability documents) 5
Section 104-- 6
omit, insert-- 7
`104 Financial management systems 8
`(1) To ensure it is financially sustainable, a local government 9
must establish a system of financial management that-- 10
(a) ensures regard is had to the sound contracting principles 11
when entering into a contract for-- 12
(i) the supply of goods or services; or 13
(ii) the disposal of assets; and 14
(b) complies with subsections (5) to (7). 15
`(2) A local government is financially sustainable if the local 16
government is able to maintain its financial capital and 17
infrastructure capital over the long term. 18
`(3) The sound contracting principles are-- 19
(a) value for money; and 20
(b) open and effective competition; and 21
(c) the development of competitive local business and 22
industry; and 23
(d) environmental protection; and 24
(e) ethical behaviour and fair dealing. 25
`(4) A contract for the supply of goods or services includes a 26
contract about carrying out work. 27
`(5) The system of financial management established by a local 28
government must include-- 29
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Local Government and Other Legislation Amendment Bill 2012
Part 3 Amendment of Local Government Act 2009
[s 107]
(a) the following financial planning documents prepared for 1
the local government-- 2
(i) a 5-year corporate plan that incorporates 3
community engagement; 4
(ii) a long-term asset management plan; 5
(iii) a long-term financial forecast; 6
(iv) an annual budget including revenue statement; 7
(v) an annual operational plan; and 8
(b) the following financial accountability documents 9
prepared for the local government-- 10
(i) general purpose financial statements; 11
(ii) asset registers; 12
(iii) an annual report; 13
(iv) a report on the results of an annual review of the 14
implementation of the annual operational plan; and 15
(c) the following financial policies of the local 16
government-- 17
(i) investment policy; 18
(ii) debt policy; 19
(iii) revenue policy. 20
`(6) A local government must ensure the financial policies of the 21
local government are regularly reviewed and updated as 22
necessary. 23
`(7) A local government must carry out a review of the 24
implementation of the annual operational plan annually. 25
`(8) To remove any doubt, it is declared that subsection (1)(a) does 26
not require equal consideration to be given to each of the 27
sound contracting principles.'. 28
Page 75
Local Government and Other Legislation Amendment Bill 2012
Part 3 Amendment of Local Government Act 2009
[s 108]
Clause 108 Omission of s 106 (Sound contracting principles) 1
Section 106-- 2
omit. 3
Clause 109 Insertion of new s 107A 4
Chapter 4, part 3-- 5
insert-- 6
`107A Approval of budget 7
`(1) A local government must consider the budget presented by the 8
mayor and, by resolution, adopt the budget with or without 9
amendment. 10
`(2) The mayor must give a copy of the budget, as proposed to be 11
presented to the local government, to each councillor at least 2 12
weeks before the local government is to consider adopting the 13
budget. 14
`(3) The local government must adopt a budget before 1 August in 15
the financial year to which the budget relates.'. 16
Clause 110 Amendment of s 109 (Councillor's discretionary funds) 17
Section 109(2)-- 18
omit, insert-- 19
`(2) Discretionary funds are funds in the local government's 20
operating fund that are-- 21
(a) budgeted for community purposes; and 22
(b) allocated by a councillor at the councillor's discretion.'. 23
Clause 111 Replacement of s 115 (Gathering information) 24
Section 115-- 25
omit, insert-- 26
Page 76
Local Government and Other Legislation Amendment Bill 2012
Part 3 Amendment of Local Government Act 2009
[s 112]
`115 Gathering information 1
`To monitor and evaluate a local government's or councillor's 2
performance and compliance, the department's chief 3
executive may-- 4
(a) examine the information contained in the local 5
government's records and operations; or 6
(b) otherwise carry out an investigation of the local 7
government's or councillor's performance and 8
compliance.'. 9
Clause 112 Amendment of s 121 (Removing unsound decisions) 10
Section 121(2)(a) to (e)-- 11
omit, insert-- 12
`(a) a resolution; or 13
(b) an order to give effect to a resolution; or 14
(c) a planning scheme; or 15
(d) a part of a decision mentioned in paragraphs (a) to (c).'. 16
Clause 113 Amendment of s 138 (What this division is about) 17
(1) Section 138(2) and (4)-- 18
omit. 19
(2) Section 138(3)(e), `reasonable written notice'-- 20
omit, insert-- 21
`a reasonable entry notice'. 22
(3) Section 138(6)-- 23
insert-- 24
`Note-- 25
Not every employee or agent of the local government would ordinarily 26
be authorised to act under this division.'. 27
(4) Section 138-- 28
Page 77
Local Government and Other Legislation Amendment Bill 2012
Part 3 Amendment of Local Government Act 2009
[s 114]
insert-- 1
`(8) Force must not be used to enter a property under this division, 2
unless the property is entered under a court order that 3
specifically authorises the use of that force.'. 4
(5) Section 138(3) to (8)-- 5
renumber as section 138(2) to (6). 6
Clause 114 Insertion of new s 138AA 7
After section 138-- 8
insert-- 9
`138AA Notices for this division 10
`(1) A remedial notice is a written notice that requires the owner 11
or occupier of a property to take action under a Local 12
Government Act in relation to the property (including fencing 13
a pool, for example). 14
`(2) A remedial notice may only be given by a local government to 15
the person who, under a Local Government Act, is required to 16
take the action stated in the notice. 17
`(3) A reasonable entry notice is a written notice about a proposed 18
entry of a property that-- 19
(a) informs the owner or occupier of the property of-- 20
(i) who is to enter the property; and 21
(ii) the reason for entering the property; and 22
(iii) the days and times when the property is to be 23
entered; and 24
(b) is given to the owner or occupier of the property at least 25
7 days before the property is proposed to be entered. 26
`(4) A remedial notice and a reasonable entry notice may not be 27
combined unless-- 28
(a) the owner of the property is also the occupier of the 29
property; or 30
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Local Government and Other Legislation Amendment Bill 2012
Part 3 Amendment of Local Government Act 2009
[s 115]
(b) the occupier of the property is the person who, under a 1
Local Government Act, is required to take the action 2
stated in the remedial notice. 3
`(5) A notice given under this division in contravention of this 4
section is of no effect.'. 5
Clause 115 Amendment of s 138A (Identity card for local government 6
workers) 7
(1) Section 138A, heading, `local government workers'-- 8
omit, insert-- 9
`use under this division'. 10
(2) Section 138A(1)-- 11
omit, insert-- 12
`(1) A local government is not required to give a local government 13
worker an identity card unless the worker is exercising a 14
power of entry under this division.'. 15
Clause 116 Amendment of s 140 (Entry by an owner, with reasonable 16
written notice, under a remedial notice) 17
(1) Section 140, heading, `reasonable written notice'-- 18
omit, insert-- 19
`reasonable entry notice'. 20
(2) Section 140(2)-- 21
omit, insert-- 22
`(2) After the owner gives a reasonable entry notice to the occupier 23
of the property, the owner or the owner's agent may-- 24
(a) enter the property at the times stated in the reasonable 25
entry notice; and 26
(b) take the action that is required under the remedial 27
notice.'. 28
Page 79
Local Government and Other Legislation Amendment Bill 2012
Part 3 Amendment of Local Government Act 2009
[s 117]
(3) Section 140(4)-- 1
omit. 2
(4) Section 140(5)-- 3
renumber as section 140(4). 4
Clause 117 Amendment of s 142 (Entry by a local government 5
worker, with reasonable written notice, under a remedial 6
notice) 7
(1) Section 142, heading, `reasonable written notice'-- 8
omit, insert-- 9
`reasonable entry notice'. 10
(2) Section 142(1)(a) and (b)-- 11
omit, insert-- 12
`(a) a local government gives a remedial notice to the owner 13
or the occupier of a property (the responsible person); 14
and 15
(b) the responsible person fails to take the action required 16
under the remedial notice.'. 17
(3) Section 142(2), `reasonable written notice to the owner 18
and'-- 19
omit, insert-- 20
`a reasonable entry notice to'. 21
(4) Section 142(5) to (8)-- 22
omit, insert-- 23
`(5) Interest is payable on the debt at the same rate that interest is 24
payable on overdue rates levied by the local government. 25
`(6) The local government must give the person who failed to take 26
the action written notice of the amount of the debt. 27
`(7) Subsection (8) applies if the person who failed to take the 28
action is the owner of the property. 29
Page 80
Local Government and Other Legislation Amendment Bill 2012
Part 3 Amendment of Local Government Act 2009
[s 118]
`(8) If the debt is not paid within 30 days after the date of the 1
written notice, the local government may recover the debt as if 2
the debt were overdue rates.'. 3
Clause 118 Amendment of s 143 (Entry by a local government 4
worker, with reasonable written notice, to take materials) 5
(1) Section 143, heading, `reasonable written notice'-- 6
omit, insert-- 7
`reasonable entry notice'. 8
(2) Section 143(4), `reasonable written notice'-- 9
omit, insert-- 10
`a reasonable entry notice'. 11
Clause 119 Amendment of s 149 (Obstructing enforcement of Local 12
Government Acts etc.) 13
(1) Section 149(2)(e) and (f)-- 14
omit, insert-- 15
`(e) the mayor; 16
(f) the chief executive officer; 17
(g) an authorised person.'. 18
(2) Section 149(3)-- 19
insert-- 20
`Notes-- 21
1 Local government workers are only those employees and agents of 22
a local government who are authorised to act under chapter 5, part 23
2, division 2. 24
2 In particular circumstances a local government worker may enter a 25
property and carry out work or obtain materials in compliance with 26
chapter 5, part 2, division 2.'. 27
Page 81
Local Government and Other Legislation Amendment Bill 2012
Part 3 Amendment of Local Government Act 2009
[s 120]
Clause 120 Amendment of s 152 (Qualifications of councillors) 1
(1) Section 152(1), from `government,' to `Council,'-- 2
omit, insert-- 3
`government'. 4
(2) Section 152(2) and (3)-- 5
omit. 6
Clause 121 Amendment of s 155 (Disqualification because of other 7
high office) 8
Section 155(3)-- 9
omit, insert-- 10
`(3) A person automatically stops being a councillor when the 11
person becomes a government member.'. 12
Clause 122 Insertion of new s 160B 13
Chapter 6, part 2, division 2-- 14
insert-- 15
`160B Compulsory leave without pay 16
`A councillor must take leave without pay for the duration of 17
the period for which the councillor is a candidate, within the 18
meaning of the Electoral Act 1992, for election as a member 19
of the Legislative Assembly.'. 20
Clause 123 Omission of s 168 (Senior councillors and full-time 21
government jobs) 22
Section 168-- 23
omit. 24
Clause 124 Amendment of s 170 (Giving directions to local 25
government staff) 26
(1) Section 170(1) and (2)-- 27
Page 82
Local Government and Other Legislation Amendment Bill 2012
Part 3 Amendment of Local Government Act 2009
[s 125]
omit, insert-- 1
`(1) The mayor may give a direction to the chief executive officer 2
or senior executive employees.'. 3
(2) Section 170(3)-- 4
renumber as section 170(2). 5
Clause 125 Replacement of s 170A (Requests by councillors for 6
advice or information) 7
Section 170A-- 8
omit, insert-- 9
`170A Requests for assistance or information 10
`(1) A councillor may ask a local government employee provide 11
advice to assist the councillor carry out his or her 12
responsibilities under this Act. 13
`(2) A councillor may, subject to any limits prescribed under a 14
regulation, ask the chief executive officer to provide 15
information, that the local government has access to, relating 16
to the local government. 17
Example of a limit prescribed under a regulation-- 18
A regulation may prescribe the maximum cost to a local government of 19
providing information to a councillor. 20
`(3) Subsection (2) does not apply to information-- 21
(a) that is a record of the regional conduct review panel or 22
the tribunal; or 23
(b) if disclosure of the information to the councillor would 24
be contrary to an order of a court or tribunal; or 25
(c) that would be privileged from production in a legal 26
proceeding on the ground of legal professional privilege. 27
`(4) A request of a councillor under subsection (1) or (2) is of no 28
effect if the request-- 29
(a) does not comply with the acceptable requests 30
guidelines; and 31
Page 83
Local Government and Other Legislation Amendment Bill 2012
Part 3 Amendment of Local Government Act 2009
[s 126]
(b) for a local government area that is divided--relates to 1
any division other than the division the councillor 2
represents. 3
`(5) Subsection (4) does not apply to-- 4
(a) the mayor; or 5
(b) the chairperson of a committee of the council if the 6
request relates to the role of the chairperson. 7
`(6) The acceptable requests guidelines are guidelines, adopted 8
by resolution of the local government, about-- 9
(a) the way in which a councillor may ask a local 10
government employee for advice to help the councillor 11
carry out his or her responsibilities under this Act; and 12
(b) reasonable limits on requests that a councillor may 13
make. 14
`(7) In this section a local government employee includes a person 15
prescribed under a regulation. 16
`(8) The chief executive officer must make all reasonable 17
endeavours to comply with a request under subsection (2). 18
Maximum penalty for subsection (8)--10 penalty units.'. 19
Clause 126 Insertion of new s 171A 20
After section 171-- 21
insert-- 22
`171A Prohibited conduct by councillor in possession of inside 23
information 24
`(1) This section applies to a person (the insider) who is, or has 25
been, a councillor if the insider-- 26
(a) acquired inside information as a councillor; and 27
(b) knows, or ought reasonably to know, that the inside 28
information is not generally available to the public. 29
`(2) The insider must not cause the purchase or sale of an asset if 30
knowledge of the inside information would be likely to 31
Page 84
Local Government and Other Legislation Amendment Bill 2012
Part 3 Amendment of Local Government Act 2009
[s 126]
influence a reasonable person in deciding whether or not to 1
buy or sell the asset. 2
Maximum penalty--1000 penalty units or 2 years 3
imprisonment. 4
`(3) The insider must not cause the inside information to be 5
provided to another person the insider knows, or ought 6
reasonably to know, may use the information in deciding 7
whether or not to buy or sell an asset. 8
Maximum penalty--1000 penalty units or 2 years 9
imprisonment. 10
`(4) In this section-- 11
cause, in relation to an action, includes the following-- 12
(a) carry out the action; 13
(b) instigate the action; 14
(c) direct, or otherwise influence, another person to carry 15
out or instigate the action. 16
corporate entity means a corporation that is owned by the 17
local government. 18
inside information, in relation to a local government, means 19
information about any of the following-- 20
(a) the operations or finances of the local government 21
(including any business activity of the local 22
government) or any of its corporate entities; 23
(b) a proposed policy of the local government (including 24
proposed changes to an existing policy); 25
(c) a contract entered into, or proposed to be entered into, 26
by the local government or any of its corporate entities; 27
(d) a tender process being conducted by or for the local 28
government or any of its corporate entities; 29
(e) a decision, or proposed decision, of the local 30
government or any of its committees; 31
Page 85
Local Government and Other Legislation Amendment Bill 2012
Part 3 Amendment of Local Government Act 2009
[s 127]
(f) the exercise of a power, under a Local Government Act, 1
by the local government, a councillor or a local 2
government employee; 3
(g) the exercise of a power, under an Act, by the State, a 4
Minister, a statutory body or an employee of the State or 5
statutory body, that affects the local government, any of 6
its corporate entities or land or infrastructure within the 7
local government's area; 8
(h) any legal or financial advice created for the local 9
government, any of its committees or any of its 10
corporate entities.'. 11
Clause 127 Amendment of s 172 (Councillor's material personal 12
interest at a meeting) 13
(1) Section 172-- 14
insert-- 15
`(2A) However, a councillor does not have a material personal 16
interest in the matter if the councillor has no greater personal 17
interest in the matter than that of other persons in the local 18
government area. 19
`(2B) Subsection (2)(c) only applies to a councillor if the councillor 20
knows, or ought reasonably to know, that their parent, child or 21
sibling stands to gain a benefit or suffer a loss.'. 22
(2) Section 172(4), `subsection (3)'-- 23
omit, insert-- 24
`subsection (5)'. 25
(3) Section 172(4) and (7), `subsection (5)'-- 26
omit, insert-- 27
`subsection (7)'. 28
(4) Section 172(2A) to (7)-- 29
renumber as section 172(3) to (9). 30
Page 86
Local Government and Other Legislation Amendment Bill 2012
Part 3 Amendment of Local Government Act 2009
[s 128]
Clause 128 Amendment of s 173 (Councillor's conflict of interest at a 1
meeting) 2
(1) Section 173(1)-- 3
omit, insert-- 4
`(1) This section applies if-- 5
(a) a matter is to be discussed at a meeting of a local 6
government or any of its committees; and 7
(b) the matter is not an ordinary business matter; and 8
(c) a councillor at the meeting-- 9
(i) has a conflict of interest in the matter (the real 10
conflict of interest); or 11
(ii) could reasonably be taken to have a conflict of 12
interest in the matter (the perceived conflict of 13
interest).'. 14
(2) Section 173-- 15
insert-- 16
`(2A) However, a councillor does not have a conflict of interest in a 17
matter-- 18
(a) merely because of-- 19
(i) an engagement with a community group, sporting 20
club or similar organisation undertaken by the 21
councillor in his or her capacity as a councillor; or 22
(ii) membership of a political party; or 23
(iii) membership of a community group, sporting club 24
or similar organisation if the councillor is not an 25
office holder for the group, club or organisation; or 26
(iv) the councillor's religious beliefs; or 27
(v) the councillor having been a student of a particular 28
school or the councillor's involvement with a 29
school as parent of a student at the school; or 30
Page 87
Local Government and Other Legislation Amendment Bill 2012
Part 3 Amendment of Local Government Act 2009
[s 129]
(b) if the councillor has no greater personal interest in the 1
matter than that of other persons in the local government 2
area.'. 3
(3) Section 173(4) to (6), `subsection (3)'-- 4
omit, insert-- 5
`subsection (4)'. 6
(4) Section 173(5), `Subsection (6)'-- 7
omit, insert-- 8
`Subsection (7)'. 9
(5) Section 173(2A) to (9)-- 10
renumber as section 173(3) to (10). 11
Clause 129 Omission of s 174 (Duty to report another councillor's 12
material personal interest, conflict of interest or 13
misconduct) 14
Section 174-- 15
omit. 16
Clause 130 Amendment of s 176 (What this division is about) 17
(1) Section 176(1)(b), after `misconduct'-- 18
omit, insert-- 19
`or inappropriate conduct'. 20
(2) Section 176(2) and (3)-- 21
omit, insert-- 22
`(2) In summary-- 23
(a) misconduct is dealt with by the regional conduct review 24
panel or tribunal; and 25
(b) inappropriate conduct is dealt with by the mayor or the 26
department's chief executive. 27
Page 88
Local Government and Other Legislation Amendment Bill 2012
Part 3 Amendment of Local Government Act 2009
[s 130]
`(3) Misconduct is conduct, or a conspiracy or attempt to engage 1
in conduct, of or by a councillor-- 2
(a) that adversely affects, or could adversely affect, (either 3
directly or indirectly) the honest and impartial 4
performance of the councillor's responsibilities or 5
exercise of the councillor's powers; or 6
(b) that is or involves-- 7
(i) the performance of the councillor's 8
responsibilities, or the exercise of the councillor's 9
powers, in a way that is not honest or is not 10
impartial; or 11
(ii) a breach of the trust placed in the councillor; or 12
(iii) a misuse of information or material acquired in or 13
in connection with the performance of the 14
councillor's responsibilities, whether the misuse is 15
for the benefit of the councillor or someone else; or 16
(iv) a failure by the councillor to comply with a 17
direction to leave a meeting of the local 18
government or its committees by the chairperson 19
presiding at the meeting; or 20
(v) a refusal by the councillor to comply with a 21
direction or order of the regional conduct review 22
panel or tribunal about the councillor; or 23
(c) that is a repeat of inappropriate conduct that the mayor 24
or the department's chief executive has ordered to be 25
referred to the regional conduct review panel under 26
section 181(2); or 27
(d) that contravenes section 171(3) or 173(4).'. 28
(3) Section 176(6)-- 29
omit. 30
(4) Section 176(10)-- 31
insert-- 32
`(g) the department's chief executive.'. 33
Page 89
Local Government and Other Legislation Amendment Bill 2012
Part 3 Amendment of Local Government Act 2009
[s 131]
(5) Section 176(7) to (10)-- 1
renumber as section 176(6) to (9). 2
Clause 131 Insertion of new ss 176A-176C 3
After section 176-- 4
insert-- 5
`176A Application to former councillors 6
`(1) This division applies to a complaint about the conduct of a 7
person who is no longer a councillor if-- 8
(a) the person was a councillor when the relevant conduct is 9
alleged to have happened; and 10
(b) the complaint is made within 2 years after the person 11
stopped being a councillor. 12
`(2) However, an entity dealing with the complaint under this 13
division may decide to take no further action in relation to the 14
complaint, despite any contrary requirement of this division, if 15
the entity considers the decision is in the public interest. 16
`(3) An entity that makes a decision under subsection (2) must 17
give the entity that made the complaint, and the accused 18
person, a written notice that states-- 19
(a) no further action will be taken in relation to the 20
complaint; and 21
(b) the reasons for the decision. 22
`(4) For applying this division to a complaint about a person who 23
is no longer a councillor, a reference to a councillor is taken to 24
be a reference to the person. 25
`176B Preliminary assessments of complaints 26
`(1) This section applies if a local government, or the department's 27
chief executive, makes or receives a complaint about the 28
conduct or performance of a councillor. 29
Page 90
Local Government and Other Legislation Amendment Bill 2012
Part 3 Amendment of Local Government Act 2009
[s 131]
`(2) The local government, or the department's chief executive, 1
must give written notice of the complaint to the chief 2
executive officer. 3
`(3) However, if the complaint was made by the mayor or chief 4
executive officer, written notice of the complaint must be 5
given to the department's chief executive. 6
`(4) After receiving notice of the complaint under subsection (2), 7
the chief executive officer must conduct a preliminary 8
assessment of the complaint. 9
`(5) After receiving notice of the complaint under subsection (3), 10
the department's chief executive must conduct the preliminary 11
assessment of the complaint. 12
`(6) A preliminary assessment is an assessment of a complaint 13
about the conduct or performance of a councillor to decide 14
whether the complaint-- 15
(a) is about a frivolous matter or was made vexatiously; or 16
(b) is about inappropriate conduct, misconduct, official 17
misconduct or another matter (including a general 18
complaint against the local government, for example); 19
or 20
(c) is lacking in substance. 21
`(7) This section does not apply to a complaint about official 22
misconduct referred to the department's chief executive by the 23
Crime and Misconduct Commission established under the 24
Crime and Misconduct Act. 25
`176C Action after preliminary assessments 26
`(1) This section applies if the chief executive officer or the 27
department's chief executive (each a complaints assessor) 28
conducts a preliminary assessment of a complaint about the 29
conduct or performance of a councillor. 30
`(2) The complaints assessor may decide no further action need be 31
taken in relation to the complaint if the preliminary 32
assessment is-- 33
Page 91
Local Government and Other Legislation Amendment Bill 2012
Part 3 Amendment of Local Government Act 2009
[s 131]
(a) that the complaint is about a frivolous matter or was 1
made vexatiously; or 2
(b) that the complaint is lacking in substance. 3
`(3) If the preliminary assessment is that the complaint is about 4
inappropriate conduct, the complaints assessor must-- 5
(a) if the complaints assessor is the chief executive 6
officer-- 7
(i) for a complaint about conduct of the mayor or 8
deputy mayor--refer the complaint to the 9
department's chief executive; or 10
(ii) for a complaint about conduct of a councillor 11
(other than the mayor or deputy mayor)--refer the 12
complaint to the mayor for the mayor to take 13
disciplinary action under section 181; or 14
(b) if the complaints assessor is the department's chief 15
executive-- 16
(i) for a complaint about the conduct or performance 17
of a councillor (other than the mayor or deputy 18
mayor) made by any person other than the 19
mayor--refer the complaint to the mayor; or 20
(ii) otherwise--take disciplinary action under section 21
181. 22
`(4) If the preliminary assessment is that the complaint is about 23
misconduct, the complaints assessor must refer the complaint 24
to-- 25
(a) if the complaints assessor is the chief executive 26
officer--the department's chief executive; or 27
(b) if the complaints assessor is the department's chief 28
executive--the regional conduct review panel or the 29
tribunal. 30
`(5) If the preliminary assessment is that the complaint is about 31
official misconduct under the Crime and Misconduct Act, the 32
complaints assessor must deal with the complaint in 33
compliance with that Act. 34
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[s 132]
`(6) If the preliminary assessment is that the complaint is about 1
another matter, the complaints assessor must deal with the 2
complaint in an appropriate way. 3
`(7) After acting under subsection (2) to (6), the complaints 4
assessor must give the entity that made the complaint, and the 5
accused councillor, a written notice that states-- 6
(a) the type of complaint that the assessor has assessed the 7
complaint as; and 8
(b) the action (if any) that is proposed to be taken in relation 9
to the complaint; and 10
(c) if the complaint was about a frivolous matter, was made 11
vexatiously or was lacking in substance--that it is an 12
offence under subsection (8) for a person to make a 13
complaint that is substantially the same as a complaint 14
that the person has previously made. 15
`(8) A person must not make a complaint about the conduct or 16
performance of a councillor if-- 17
(a) the complaint is substantially the same as a complaint 18
that the person has previously made; and 19
(b) the complaints assessor has given the person a notice 20
that complies with subsection (7). 21
Maximum penalty for subsection (8)--10 penalty units.'. 22
Clause 132 Replacement of s 177 (Assessing complaints) 23
Section 177-- 24
omit, insert-- 25
`177 Complaints referred to the department's chief executive 26
`(1) This section applies if the chief executive officer refers a 27
complaint to the department's chief executive under section 28
176C. 29
`(2) Despite the preliminary assessment of the chief executive 30
officer, the department's chief executive may decide that-- 31
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Part 3 Amendment of Local Government Act 2009
[s 133]
(a) the complaint be dismissed if the department's chief 1
executive considers the complaint or part is-- 2
(i) frivolous, vexatious or misconceived; or 3
(ii) lacking in substance; or 4
(iii) otherwise an abuse of process; or 5
(b) the complaint is about inappropriate conduct rather than 6
misconduct or about misconduct rather than 7
inappropriate conduct; or 8
(c) no further action be taken in relation to the complaint; or 9
(d) some other action be taken in relation to the complaint. 10
`(3) If the department's chief executive agrees or decides the 11
complaint is about misconduct, the department's chief 12
executive may refer the complaint to the regional conduct 13
review panel or tribunal. 14
`(4) If the department's chief executive agrees or decides the 15
complaint is about inappropriate conduct, the department's 16
chief executive must take disciplinary action under section 17
181. 18
`(5) If the department's chief executive acts under subsection (2) 19
or (3), the department's chief executive must give written 20
notice of the decision to the chief executive officer, the 21
accused councillor and the entity that made the complaint.'. 22
Clause 133 Amendment of s 177A (Preliminary dealings with 23
complaints before hearing) 24
Section 177A-- 25
insert-- 26
`(4) Subsection (5) applies if the complainant is also a councillor. 27
`(5) Before conducting a hearing of the complaint-- 28
(a) the regional conduct review panel or the tribunal must 29
require the complainant to appear before the panel or 30
tribunal to confirm the complaint; and 31
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Part 3 Amendment of Local Government Act 2009
[s 134]
(b) the complainant must comply with the requirement 1
made under paragraph (a). 2
`(6) Despite section 176(3) and (4), a failure of a councillor to 3
comply with a requirement under subsection (5)(a) is not 4
misconduct or inappropriate conduct.'. 5
Clause 134 Amendment of s 180 (Taking disciplinary action) 6
(1) Section 180(2)-- 7
omit, insert-- 8
`(2) The regional conduct review panel may make any 1 or more 9
of the following orders or recommendations that it considers 10
appropriate in view of the circumstances relating to the 11
misconduct-- 12
(a) an order that the councillor be counselled about the 13
misconduct, and how not to repeat the misconduct; 14
(b) an order that the councillor make an admission of error 15
or an apology; 16
(c) an order that the councillor participate in mediation with 17
another person; 18
(d) a recommendation to the department's chief executive to 19
monitor the councillor or the local government for 20
compliance with the Local Government Acts; 21
(e) an order that the councillor reimburse the local 22
government; 23
(f) a recommendation to the Crime and Misconduct 24
Commission or the police commissioner that the 25
councillor's conduct be further investigated; 26
(g) an order that the councillor pay to the local government 27
an amount of not more than the monetary value of 50 28
penalty units.'. 29
(2) Section 180(5)(i), `Commissioner of Police'-- 30
insert-- 31
`police commissioner'. 32
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Local Government and Other Legislation Amendment Bill 2012
Part 3 Amendment of Local Government Act 2009
[s 135]
(3) Section 180(5)-- 1
insert-- 2
`(j) an order that the councillor pay to the local government 3
an amount of not more than the monetary value of 50 4
penalty units.'. 5
(4) Section 180(6), example-- 6
omit. 7
Clause 135 Replacement of s 181 (Inappropriate conduct) 8
Section 181-- 9
omit, insert-- 10
`181 Inappropriate conduct 11
`(1) Subsections (2) and (3) apply if, under section 176C(3) or 12
177(4), a complaint is referred to the mayor or the 13
department's chief executive to take disciplinary action 14
against a councillor for inappropriate conduct. 15
`(2) The mayor or department's chief executive may make either 16
or both of the following orders that the mayor or department's 17
chief executive considers appropriate in the circumstances-- 18
(a) an order reprimanding the councillor for the 19
inappropriate conduct; 20
(b) an order that any repeat of the inappropriate conduct be 21
referred to the regional conduct review panel as 22
misconduct. 23
`(3) If the mayor or the department's chief executive makes 3 24
orders under subsection (2) about the same councillor within 25
the 1 year, the mayor or the department's chief executive must 26
refer the repeated inappropriate conduct by the councillor to a 27
regional conduct review panel or the tribunal. 28
`(4) If the mayor or the department's chief executive refers 29
repeated inappropriate conduct by the councillor to a regional 30
conduct review panel or the tribunal under subsection (3)-- 31
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[s 136]
(a) the matter is taken to be a complaint about misconduct; 1
and 2
(b) the panel or tribunal must conduct a hearing of the 3
complaint; and 4
(c) sections 178 to 180 apply for the hearing of the 5
complaint; and 6
(d) the repeated inappropriate conduct by the councillor is 7
taken to be misconduct. 8
`(5) If inappropriate conduct happens in a meeting of the local 9
government or its committees, the chairperson of the meeting 10
may make any 1 or more of the following orders that the 11
chairperson considers appropriate in the circumstances-- 12
(a) an order that the councillor's inappropriate conduct be 13
noted in the minutes of the meeting; 14
(b) an order that the councillor leave the place where the 15
meeting is being held (including any area set aside for 16
the public), and stay out of the place for the rest of the 17
meeting; 18
(c) if the councillor fails to comply with an order made 19
under paragraph (b) to leave a place--an order that the 20
councillor be removed from the place.'. 21
Clause 136 Insertion of new s 181A 22
After section 181-- 23
insert-- 24
`181A Records about complaints 25
`(1) The chief executive officer must keep a record of-- 26
(a) all written complaints received by the chief executive 27
officer under this part; and 28
(b) the outcome of each written complaint, including any 29
disciplinary action or other action that was taken in 30
relation to the complaint. 31
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Local Government and Other Legislation Amendment Bill 2012
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[s 137]
`(2) The chief executive officer must ensure that the public may 1
inspect the part of the record that relates to outcomes of 2
written complaints-- 3
(a) at the local government's public office; or 4
(b) on the local government's website. 5
`(3) However, subsection (2) does not apply to the record of a 6
written complaint that-- 7
(a) the chief executive officer or the department's chief 8
executive has assessed as being about a frivolous matter, 9
having been made vexatiously or lacking in substance; 10
or 11
(b) is a public interest disclosure within the meaning of the 12
Public Interest Disclosure Act 2010.'. 13
Clause 137 Amendment of s 189 (Appointing members of regional 14
conduct review panels) 15
Section 189(1), `members for the region in which the 16
councillor in question resides'-- 17
omit, insert-- 18
`members'. 19
Clause 138 Amendment of s 196 (Appointing other local government 20
employees) 21
Section 196(3) to (6)-- 22
omit, insert-- 23
`(3) The chief executive officer appoints local government 24
employees (other than senior executive employees). 25
`(4) A panel constituted by the following persons appoints a senior 26
executive employee-- 27
(a) the mayor; 28
(b) the chief executive officer; 29
(c) either-- 30
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Part 3 Amendment of Local Government Act 2009
[s 139]
(i) if the senior executive employee is to report to only 1
1 committee of the local government--the 2
chairperson of the committee; or 3
(ii) otherwise--the deputy mayor. 4
`(5) A senior executive employee, of a local government, is an 5
employee of the local government-- 6
(a) who reports directly to the chief executive officer; and 7
(b) whose position ordinarily would be considered to be a 8
senior position in the local government's corporate 9
structure.'. 10
Clause 139 Amendment of s 197 (Disciplinary action against local 11
government employees) 12
(1) Section 197(1), `is the only person who'-- 13
omit. 14
(2) Section 197(2)-- 15
omit, insert-- 16
`(2) A regulation may prescribe-- 17
(a) when disciplinary action may be taken against a local 18
government employee; and 19
(b) the types of disciplinary action that may be taken against 20
a local government employee.'. 21
(3) Section 197(3)-- 22
omit. 23
Clause 140 Amendment of s 199 (Improper conduct by local 24
government employees) 25
(1) Section 199(2)(a) to (c)-- 26
omit, insert-- 27
`(a) a contractor of the local government; and 28
(b) a type of person prescribed under a regulation.'. 29
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[s 141]
(2) Section 199(3), penalty-- 1
omit, insert-- 2
`Maximum penalty--100 penalty units or 2 years 3
imprisonment.'. 4
Clause 141 Amendment of s 200 (Use of information by local 5
government employees) 6
(1) Section 200(2)(a) to (c)-- 7
omit, insert-- 8
`(a) a contractor of the local government; and 9
(b) a type of person prescribed under a regulation.'. 10
(2) Section 200(3), penalty-- 11
omit, insert-- 12
`Maximum penalty--100 penalty units or 2 years 13
imprisonment.'. 14
(3) Section 200(4) and (6) to (8)-- 15
omit. 16
(4) Section 200(9), penalty-- 17
omit, insert-- 18
`Maximum penalty--100 penalty units or 2 years 19
imprisonment.'. 20
(5) Section 200(5) and (9)-- 21
renumber as section 200(4) and (5). 22
Clause 142 Replacement of s 201 (Annual report must detail 23
remuneration) 24
Section 201-- 25
omit, insert-- 26
`201 Annual report must detail remuneration 27
`(1) The annual report of a local government must state-- 28
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Part 3 Amendment of Local Government Act 2009
[s 143]
(a) the total remuneration packages that are payable (in the 1
year to which the annual report relates) to the chief 2
executive officer together with all senior executive 3
employees; and 4
(b) the number of senior executive employees who are 5
being paid each band of remuneration. 6
`(2) Each band of remuneration is an increment of $100000.'. 7
Clause 143 Omission of ch 6, pt 5, div 4 (Equality of employment 8
opportunity) 9
Chapter 6, part 5, division 4-- 10
omit. 11
Clause 144 Amendment of s 202 (Appointing authorised persons) 12
(1) Section 202(3) and (4)-- 13
renumber as section 202(4) and (5). 14
(2) Section 202-- 15
insert-- 16
`(3) Also, a person is qualified to be an authorised person of a 17
local government (the adopting local government) if-- 18
(a) the person is an authorised person for another local 19
government; and 20
(b) the adopting local government has, by resolution, 21
decided that authorised persons of the other local 22
government may be appointed as authorised persons of 23
the adopting local government.'. 24
Clause 145 Amendment of s 209 (Board's responsibilities) 25
Section 209(2) to (4)-- 26
omit, insert-- 27
`(2) The super board may delegate its powers to-- 28
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Part 3 Amendment of Local Government Act 2009
[s 146]
(a) a committee of its directors; or 1
(b) an employee of the super board.'. 2
Clause 146 Amendment of s 210 (Board of directors) 3
(1) Section 210(4)-- 4
omit, insert-- 5
`(4) The board of directors consists of the persons making up the 6
board under the trust deed containing the rules that govern the 7
operation of the LG super scheme.'. 8
(2) Section 210(6)-- 9
omit. 10
Clause 147 Amendment of s 217 (LG super scheme) 11
Section 217(3)(a)-- 12
omit, insert-- 13
`(a) the yearly contribution that a local government or local 14
government entity must make for a permanent employee 15
who is a defined benefit member, based on the advice of 16
an actuary; and 17
Note-- 18
See section 220(3) and (5) for the contribution a local 19
government must make for a permanent employee who is an 20
accumulation benefit member.'. 21
Clause 148 Amendment of s 220C (Exemption from payment of yearly 22
contributions on grounds of financial hardship) 23
(1) Section 220C(1) to (3)-- 24
omit, insert-- 25
`(1) An accumulation benefit member and his or her employer 26
may agree in writing-- 27
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[s 149]
(a) that the member is exempt, on the grounds of the 1
member's financial hardship, from paying all or a stated 2
part of the contributions payable under section 220A(3) 3
by the member; and 4
(b) on the period, of not more than 1 year, of the exemption. 5
`(2) Subsection (1)(b) does not limit the number of times the 6
employer and member may agree to an exemption under 7
subsection (1) for the member. 8
`(3) The employer or member must give the super board a copy of 9
the agreement within 2 months after the agreement is made.'. 10
(2) Section 220C(5)-- 11
omit. 12
Clause 149 Amendment of s 227 (Super schemes to be audited by 13
auditor-general) 14
(1) Section 227, heading, `by auditor-general'-- 15
omit. 16
(2) Section 227(2)-- 17
omit, insert-- 18
`(2) The trust deed must provide for the audit of the 19
superannuation scheme that is required under the 20
Commonwealth Super Act (including the appointment of an 21
auditor, for example).'. 22
Clause 150 Amendment of s 235 (Administrators who act honestly 23
and without negligence are protected from liability) 24
(1) Section 235(1) and (2)-- 25
omit. 26
(2) Section 235(5)(a) and (b)-- 27
omit, insert-- 28
`(a) a councillor; or 29
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[s 151]
(b) the chief executive officer; or'. 1
(3) Section 235(5)-- 2
insert-- 3
`(e) an interim administrator.'. 4
(4) Section 235(6) and (7), `(3)'-- 5
omit, insert-- 6
`(1)'. 7
(5) Section 235(3) to (7)-- 8
renumber as section 235(1) to (5). 9
(6) Section 235-- 10
insert-- 11
`(6) A joint local government, or any member of the joint local 12
government, is not civilly liable for an act done under this Act, 13
or omission made under this Act, honestly and without 14
negligence. 15
`(7) If subsection (6) prevents civil liability attaching to a member 16
of a joint local government, liability attaches instead to the 17
local government for which the member is a councillor.'. 18
Clause 151 Amendment of s 236 (Who is authorised to sign local 19
government documents) 20
Section 236-- 21
insert-- 22
`(2) The head of the local government is-- 23
(a) the mayor; or 24
(b) if all of the councillors have been dismissed under 25
section 123 and an interim administrator is 26
appointed--the interim administrator; or 27
(c) if there are no councillors for any other reason and an 28
interim administrator has not been appointed--the chief 29
executive officer.'. 30
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Local Government and Other Legislation Amendment Bill 2012
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[s 152]
Clause 152 Insertion of new s 236A 1
After section 236-- 2
insert-- 3
`236A Who is authorised to sign joint local government 4
documents 5
`The following persons may sign a document on behalf of a 6
joint local government-- 7
(a) the chairperson of the joint local government; 8
(b) a delegate of the joint local government; 9
(c) a member of the joint local government, or a joint local 10
government employee, who is authorised by the 11
chairperson of the joint local government, in writing, to 12
sign documents.'. 13
Clause 153 Amendment of s 237 (Name in proceedings by or against 14
a local government) 15
(1) Section 237(2)-- 16
renumber as section 237(3). 17
(2) Section 237-- 18
insert-- 19
`(2) However, a local government may start a proceeding under the 20
Justices Act 1886 in the name of a local government employee 21
who is a public officer within the meaning of that Act.'. 22
Clause 154 Insertion of new s 237A 23
After section 237-- 24
insert-- 25
`237A Name in proceedings by or against a joint local 26
government 27
`(1) A proceeding by a joint local government must be started in 28
the name of the joint local government. 29
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Part 3 Amendment of Local Government Act 2009
[s 155]
`(2) However, a joint local government may start a proceeding 1
under the Justices Act 1886 in the name of a joint local 2
government employee who is a public officer within the 3
meaning of that Act. 4
`(3) A proceeding against a joint local government must be started 5
against the joint local government in its name.'. 6
Clause 155 Amendment of s 239 (Substituted service) 7
Section 239-- 8
insert-- 9
`(5) In this section, a reference to a local government includes a 10
reference to a joint local government.'. 11
Clause 156 Amendment of s 240 (Acting for a local government in 12
legal proceedings) 13
Section 240-- 14
insert-- 15
`(4) In any proceedings, the chairperson of a joint local 16
government, or another employee authorised in writing by the 17
joint local government-- 18
(a) may give instructions and act as the authorised agent for 19
the joint local government; and 20
(b) may sign all documents for the joint local government. 21
`(5) A joint local government must pay the costs incurred by the 22
chairperson or other employee in any proceedings.'. 23
Clause 157 Amendment of s 245 (Judges and other office holders not 24
disqualified from adjudicating) 25
Section 245-- 26
insert-- 27
`(2) A judge, magistrate, justice or presiding member of a tribunal 28
is not disqualified from adjudicating in any proceedings to 29
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Part 3 Amendment of Local Government Act 2009
[s 158]
which a joint local government is a party only because the 1
person is, or is liable to be, a ratepayer of a component local 2
government for the joint local government.'. 3
Clause 158 Amendment of s 246 (Where fines are to be paid to) 4
Section 246-- 5
insert-- 6
`(3) In this section, a reference to a local government includes a 7
reference to a joint local government.'. 8
Clause 159 Amendment of s 248 (Evidence of local laws) 9
(1) Section 248(2)-- 10
omit, insert-- 11
`(2) A certified copy of a local law or consolidated version of a 12
local law is a copy that has been certified by-- 13
(a) for a local law made by a local government--the chief 14
executive officer to be the local law or consolidated 15
version as made by the local government; or 16
(b) for a local law made by a joint local government--the 17
chairperson of the joint local government to be the local 18
law or consolidated version as made by the joint local 19
government.'. 20
(2) Section 248(4), after `a local government'-- 21
insert-- 22
`or joint local government'. 23
Clause 160 Amendment of s 249 (Evidence of proceedings of local 24
government) 25
(1) Section 249, heading, `of local government'-- 26
omit. 27
(2) Section 249(2)-- 28
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Local Government and Other Legislation Amendment Bill 2012
Part 3 Amendment of Local Government Act 2009
[s 161]
renumber as section 249(3). 1
(3) Section 249-- 2
insert-- 3
`(2) Also, this section applies to a document that-- 4
(a) purports to be a copy of an entry in a record of the 5
proceedings of a joint local government; and 6
(b) purports to have been signed at the time when the entry
was made by the chairperson of the joint local 8
7
government; and 9
(c) is certified by the chairperson to be a true copy of the 10
document.'. 11
Clause 161 Amendment of s 250 (Evidentiary value of copies) 12
(1) Section 250(2)-- 13
renumber as section 250(3). 14
(2) Section 250-- 15
insert-- 16
`(2) Also, this section applies to a copy of a document that-- 17
(a) purports to be made under the authority of a joint local 18
government or its chairperson; and 19
(b) purports to be verified by the chairperson or an 20
employee who is authorised by the joint local 21
government.'. 22
Clause 162 Amendment of s 251 (Evidentiary value of certificates) 23
(1) Section 251(2)-- 24
renumber as section 251(3). 25
(2) Section 251-- 26
insert-- 27
`(2) Also, this section applies to a certificate that-- 28
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[s 163]
(a) purports to be about the state of, or a fact in, a record of 1
a joint local government; and 2
(b) purports to be signed by the chairperson of the joint 3
local government.'. 4
Clause 163 Amendment of s 252 (Evidence of directions given to 5
local government) 6
(1) Section 252, heading, after `local government'-- 7
insert-- 8
`or joint local government'. 9
(2) Section 252(1)(a), after `a local government'-- 10
insert-- 11
`or a joint local government'. 12
Clause 164 Amendment of s 257 (Delegation of local government 13
powers) 14
(1) Section 257(1)(f)-- 15
omit. 16
(2) Section 257-- 17
insert-- 18
`(4) A delegation to the chief executive officer under subsection 19
(1) must be reviewed annually by the local government.'. 20
Clause 165 Insertion of new s 257A 21
After section 257-- 22
insert-- 23
`257A Delegation of joint local government's powers 24
`(1) A joint local government may, by resolution, delegate its 25
powers about a component local government's area to the 26
component local government. 27
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Local Government and Other Legislation Amendment Bill 2012
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[s 166]
`(2) Also, a joint local government may, by resolution, delegate its 1
powers under this Act or another Act to-- 2
(a) the chairperson of the joint local government; or 3
(b) a mayor of its component local governments; or 4
(c) the chief executive officer of the joint local government 5
or its component local governments; or 6
(d) a committee of members of the joint local government 7
or of councillors of its component local governments; or 8
(e) the chairperson of a committee mentioned in paragraph 9
(d). 10
`(3) Despite subsections (1) and (2), a joint local government must 11
not delegate a power that an Act states must be exercised by 12
resolution.'. 13
Clause 166 Amendment of s 258 (Delegation of mayor's powers) 14
Section 258(2), after `officer'-- 15
insert-- 16
`or senior executive employees'. 17
Clause 167 Amendment of s 259 (Delegation of chief executive 18
officer powers) 19
Section 259(2)(c)-- 20
omit. 21
Clause 168 Insertion of new ch 7, pt 5A 22
Chapter 7-- 23
insert-- 24
Page 110
Local Government and Other Legislation Amendment Bill 2012
Part 3 Amendment of Local Government Act 2009
[s 168]
`Part 5A Provisions about 1
de-amalgamation 2
`260A What this part is about 3
`(1) This part is about a de-amalgamation of a local government 4
area. 5
`(2) A de-amalgamation of a local government area is the 6
separation of the area into different local government areas, 7
each to be governed by its own local government. 8
`260B Poll about de-amalgamation 9
`(1) The Minister may ask the electoral commission to conduct a 10
poll about the implementation of a de-amalgamation of a local 11
government area. 12
`(2) The Minister may request a poll under subsection (1) only 13
within 1 year after the commencement of this section. 14
`(3) If the Minister requests a poll under subsection (1), the 15
electoral commission must conduct the poll of the electors in 16
the affected part of a local government area. 17
`(4) The affected part of the local government area is that part of 18
the area that is proposed to be separated from the rest of the 19
local government area and governed by its own local 20
government. 21
`(5) The poll must be conducted by ballot taken in compliance 22
with the requirements prescribed under a regulation. 23
`(6) Voting at the poll is compulsory for electors in the affected 24
part of the local government area. 25
`(7) As soon as practicable after the conclusion of the poll, the 26
electoral commission must advise the Minister of the result. 27
`(8) If the result of the poll is a majority for de-amalgamation, the 28
costs of the poll are to be paid by the affected part of the local 29
government area. 30
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[s 168]
`(9) If the result of the poll is a majority against de-amalgamation, 1
the costs of the poll are to be paid by the local government for 2
the area. 3
`260C Failure to vote 4
`(1) An elector must not fail to vote at the poll without valid and 5
sufficient reason. 6
Maximum penalty--1 penalty unit. 7
`(2) An elector's belief that it is part of the elector's religious duty 8
not to vote at elections is valid and sufficient reason for the 9
elector's failure to vote at the poll. 10
`260D Leave to vote 11
`(1) This section applies if-- 12
(a) an employee who is an elector asks his or her employer, 13
before the day for conducting the poll, for leave of 14
absence to vote at the poll; and 15
(b) the absence is necessary to enable the employee to vote 16
at the poll. 17
`(2) The employer must allow the employee leave of absence for a 18
reasonable period (not more than 2 hours) to enable the 19
employee to vote at the poll, unless the absence is reasonably 20
likely to cause danger or substantial loss to the employer in 21
relation to the employment concerned. 22
Maximum penalty--10 penalty units. 23
`(3) The employer must not impose any penalty or 24
disproportionate deduction of pay for the leave of absence. 25
Maximum penalty--10 penalty units. 26
`(4) An employee must not ask for leave of absence under 27
subsection (1) to vote at the poll unless the employee 28
genuinely intends to vote at the poll. 29
Maximum penalty--10 penalty units. 30
Page 112
Local Government and Other Legislation Amendment Bill 2012
Part 3 Amendment of Local Government Act 2009
[s 168]
`260E Voting if not entitled 1
A person must not, at the poll-- 2
(a) vote in someone else's name (including a dead or 3
fictitious person); or 4
(b) vote more than once; or 5
(c) cast a vote that the person knows the person is not 6
entitled to cast; or 7
(d) if the person knows someone else is not entitled to vote 8
at the election--procure the other person to vote. 9
Maximum penalty--20 penalty units or 6 months 10
imprisonment. 11
`260F Implementation 12
`(1) The Governor in Council may implement the 13
de-amalgamation of the local government area under a 14
regulation. 15
`(2) The regulation may provide for anything that is necessary or 16
convenient to facilitate the implementation of the 17
de-amalgamation of the local government area. 18
`(3) For example, the regulation may provide for-- 19
(a) holding, postponing or cancelling a local government 20
election; or 21
(b) the transfer of assets and liabilities from a local 22
government to another local government; or 23
(c) the recovery of the costs of the de-amalgamation of the 24
local government area; or 25
(d) the temporary continuation of a local law for the 26
affected part of a local government area. 27
`(4) A local government is not liable to pay a State tax in relation 28
to a transfer or other arrangement made to implement a 29
de-amalgamation. 30
Page 113
Local Government and Other Legislation Amendment Bill 2012
Part 3 Amendment of Local Government Act 2009
[s 169]
`(5) A State tax is a tax, charge, fee or levy imposed under an Act, 1
other than a duty under the Duties Act 2001.'. 2
Clause 169 Amendment of s 265 (Materials in infrastructure are local 3
government property) 4
(1) Section 265(2)-- 5
renumber as section 265(3). 6
(2) Section 265-- 7
insert-- 8
`(2) If a local government, in exercising a power of the local 9
government, constructs a structure or carries out any works on 10
someone else's land, the materials in the structure or works 11
are the property of the local government.'. 12
(3) Section 265-- 13
insert-- 14
`(4) For subsection (1), it is irrelevant whether the thing mentioned 15
in the subsection is on, over or under land that is owned by an 16
entity other than the local government.'. 17
Clause 170 Omission of s 267 (Review of this Act) 18
Section 267-- 19
omit. 20
Clause 171 Insertion of new s 268A 21
After section 268-- 22
insert-- 23
`268A Advisory polls 24
`A local government may, in the way decided by the local 25
government, conduct a voluntary poll of the electors in its area 26
or a part of its area on any issue of concern to the area or 27
part.'. 28
Page 114
Local Government and Other Legislation Amendment Bill 2012
Part 3 Amendment of Local Government Act 2009
[s 172]
Clause 172 Amendment of s 270 (Regulation-making power) 1
(1) Section 270(2)(b)-- 2
omit. 3
(2) Section 270(2)-- 4
insert-- 5
`(j) the financial planning and accountability of a local 6
government, including the systems of financial 7
management; or 8
`(k) matters relating to a joint local government (including 9
transferring assets and liabilities between a joint local 10
government and a component local government).'. 11
(3) Section 270(2)(c) to (k)-- 12
renumber as section 270(2)(b) to (j). 13
Clause 173 Amendment of s 272 (Local governments, including joint 14
local governments) 15
Section 272-- 16
insert-- 17
`(6) Despite subsection (2), a joint local government mentioned in 18
the subsection (a continued entity) may discontinue its 19
existence. 20
`(7) Any action taken by a continued entity in relation to 21
discontinuing its existence before the authorisation had effect 22
is, and is taken to always have been, as validly done as it 23
would be if the authorisation had been in force when the 24
action was taken (for example, the disposal of all assets). 25
`(8) The authorisation is the power a joint local government may 26
exercise under subsection (6).'. 27
Page 115
Local Government and Other Legislation Amendment Bill 2012
Part 3 Amendment of Local Government Act 2009
[s 174]
Clause 174 Amendment of s 275 (Local government owned 1
corporation) 2
Section 275-- 3
insert-- 4
`(2) Subsection (1) does not stop the corporate entity from being 5
wound up.'. 6
Clause 175 Insertion of new ch 9, pt 4 7
Chapter 9-- 8
insert-- 9
`Part 4 Transitional provisions for 10
Local Government and Other 11
Legislation Amendment Act 12
2012 13
`Division 1 Transitional provisions about 14
change of legal status 15
`295 Effect of change of legal status on existing local 16
governments and joint local governments 17
`(1) On the commencement, a local government in existence 18
immediately before the commencement continues in existence 19
as a local government, but as a body corporate. 20
`(2) The change in the local government's constitution effected by 21
section 11 as in force after the commencement does not, in 22
any way, affect-- 23
(a) the local government's assets or rights and liabilities; or 24
(b) any matter or thing done by or in relation to the local 25
government. 26
Page 116
Local Government and Other Legislation Amendment Bill 2012
Part 3 Amendment of Local Government Act 2009
[s 175]
`(3) On the commencement, a joint local government in existence 1
immediately before the commencement continues in existence 2
as a joint local government, but as a body corporate. 3
`(4) The change in the joint local government's constitution 4
effected by section 11 as in force after the commencement 5
does not, in any way, affect-- 6
(a) the joint local government's assets or rights and 7
liabilities; or 8
(b) any matter or thing done by or in relation to the joint 9
local government. 10
`296 Contractual rights etc. are unaffected 11
`Without limiting section 295 and to remove any doubt, it is 12
declared that the continuation of a local government under 13
that section-- 14
(a) does not place the local government in breach of 15
contract or otherwise make it guilty of a civil wrong; 16
and 17
(b) does not make the local government in breach of any 18
instrument, including, for example, an instrument 19
prohibiting, restricting or regulating the assignment or 20
transfer of any right or liability; and 21
(c) is not taken to fulfil a condition-- 22
(i) allowing a person to terminate an instrument or 23
liability or modify the operation or effect of an 24
instrument or liability; or 25
(ii) requiring any amount to be paid before its stated 26
maturity; and 27
(d) does not release a surety or other obligee, in whole or 28
part, from an obligation; and 29
(e) does not negate any decision made by the local 30
government. 31
Page 117
Local Government and Other Legislation Amendment Bill 2012
Part 3 Amendment of Local Government Act 2009
[s 175]
`Division 2 Other transitional provisions 1
`297 Continuation of particular provisions for corporate 2
entities 3
`(1) A corporate entity is an entity that was corporatised under this 4
Act before the commencement and to which the Corporations 5
Act does not apply. 6
`(2) A provision of this Act, as in force immediately before the 7
commencement, that applied in relation to a corporate entity, 8
continues to apply in relation to the corporate entity-- 9
(a) as if the provision were not amended or repealed under 10
the Local Government and Other Legislation 11
Amendment Act 2012; and 12
(b) despite any amendment or repeal of the provision under 13
the Local Government and Other Legislation 14
Amendment Act 2012. 15
Examples-- 16
· chapter 3, part 2, divisions 3 and 4 17
· sections 199, 200 and 257 18
`(3) A provision of the relevant regulations, as in force 19
immediately before the commencement, that applied in 20
relation to a corporate entity, continues to apply in relation to 21
the corporate entity-- 22
(a) as it was in force immediately before the 23
commencement; and 24
(b) despite any amendment or repeal of the provision after 25
the commencement. 26
`(4) The relevant regulations are-- 27
(a) the Local Government (Beneficial Enterprises and 28
Business Activities) Regulation 2010; and 29
(b) the Local Government (Finance, Plans and Reporting) 30
Regulation 2010; and 31
(c) the Local Government (Operations) Regulation 2010. 32
Page 118
Local Government and Other Legislation Amendment Bill 2012
Part 3 Amendment of Local Government Act 2009
[s 175]
`(5) A provision continued under subsection (2) or (3) continues in 1
relation to a corporate entity until the corporate entity is 2
wound up or otherwise ceases to be corporatised under this 3
Act. 4
`298 Change in dealing with complaints 5
`(1) This section applies if-- 6
(a) a local government, or the department's chief executive, 7
makes or receives a complaint about the conduct or 8
performance of a councillor before the commencement; 9
and 10
(b) an entity had started dealing with, but had not finally 11
dealt with, the complaint under chapter 6, part 2, 12
division 6. 13
`(2) The former process continues to apply in relation to the 14
complaint despite any amendment of this Act under the Local 15
Government and Other Legislation Amendment Act 2012. 16
`(3) The former process is chapter 6, part 2, division 6 as in force 17
immediately before the commencement. 18
`(4) To remove any doubt, it is declared that-- 19
(a) an entity dealing with the complaint must deal with the 20
complaint under the former process; and 21
(b) any disciplinary action taken against a councillor 22
because of the complaint is limited to the action that 23
may be taken under the former process. 24
`299 Change in process for making local laws 25
`(1) This section applies if a local government has begun, but not 26
completed, its process for making a local law before the 27
commencement. 28
`(2) The local government may continue the process for making 29
the local law despite any amendment of this Act under the 30
Local Government and Other Legislation Amendment Act 31
2012. 32
Page 119
Local Government and Other Legislation Amendment Bill 2012
Part 3 Amendment of Local Government Act 2009
[s 176]
`(3) Chapter 3, part 1, as in force immediately before the 1
commencement, continues to apply for the purpose of 2
subsection (2).'. 3
Clause 176 Amendment of sch 4 (Dictionary) 4
(1) Schedule 4, definitions advice guidelines, conclusion, 5
corporate entity, corporatisation, drafting certificate, drafting 6
standards, financial management documents, head of a local 7
government, indigenous regional council, long-term asset 8
management plan, long-term community plan, long-term 9
financial plan, planning and accountability documents, public 10
place and remedial notice-- 11
omit. 12
(2) Schedule 4, definition conviction, first mention-- 13
omit. 14
(3) Schedule 4-- 15
insert-- 16
`component local government see section 25A(4). 17
conclusion, of the election of a councillor, means-- 18
(a) for an election of all the councillors--the day when the 19
last declaration of a poll conducted in the election is 20
displayed at the office of the returning officer for the 21
election; or 22
(b) for a by-election for which a poll is conducted--the day 23
when the declaration of the poll is displayed at the office 24
of the returning officer for the election; or 25
(c) for a by-election for which no poll is conducted--the 26
day after the nomination day for the by-election; or 27
(d) if the councillor is automatically elected (other than at a 28
by-election) and a poll is conducted--the day when the 29
last declaration of a poll is displayed at the office of the 30
returning officer for the election; or 31
Page 120
Local Government and Other Legislation Amendment Bill 2012
Part 3 Amendment of Local Government Act 2009
[s 176]
(e) if the councillor is automatically elected (other than at a 1
by-election) and no poll is conducted--6p.m. on the day 2
when a poll would otherwise have been required to be 3
conducted. 4
indigenous regional council means-- 5
(a) the Northern Peninsula Area Regional Council; or 6
(b) the Torres Strait Island Regional Council; or 7
(c) an indigenous regional council prescribed under a 8
regulation. 9
interim administrator means a person appointed by the 10
Governor in Council under section 123 to act in place of the 11
councillors of a local government. 12
joint local government see section 25A(2). 13
joint local government area see section 25A(3). 14
preliminary assessment see section 176B(6). 15
public place, for chapter 5, part 2, division 1, see section 16
125(5). 17
reasonable entry notice see section 138AA(3). 18
remedial notice see section 138AA(1). 19
senior executive employee, of a local government, see section 20
196(5).'. 21
(4) Schedule, definition full cost pricing, `44(4)'-- 22
omit, insert-- 23
`44(3)'. 24
(5) Schedule, definition local government worker, `138(6)'-- 25
omit, insert-- 26
`138(4)'. 27
(6) Schedule, definition ordinary business matter, paragraph 28
(e)-- 29
omit, insert-- 30
Page 121
Local Government and Other Legislation Amendment Bill 2012
Part 4 Amendment of Local Government Electoral Act 2011
[s 177]
`(e) a planning scheme, or amendment of a planning 1
scheme, for the local government area; or'. 2
(7) Schedule, definition ordinary business matter, paragraph (f), 3
`council'-- 4
omit, insert-- 5
`local government'. 6
(8) Schedule, definition ordinary business matter-- 7
insert-- 8
`(h) another matter prescribed under a regulation.'. 9
(9) Schedule, definition regional conduct review panel, 10
`176(7)'-- 11
omit, insert-- 12
`176(6)'. 13
Part 4 Amendment of Local 14
Government Electoral Act 2011 15
Clause 177 Act amended 16
This part amends the Local Government Electoral Act 2011. 17
Clause 178 Amendment of s 18 (Cut-off day for compiling voters roll) 18
(1) Section 18(1), `31 January'-- 19
omit, insert-- 20
`31 January (the cut-off day)'. 21
(2) Section 18(2)-- 22
renumber as section 18(3). 23
(3) Section 18-- 24
Page 122
Local Government and Other Legislation Amendment Bill 2012
Part 4 Amendment of Local Government Electoral Act 2011
[s 179]
insert-- 1
`(2) However, a regulation may fix a different cut-off day for a 2
particular year.'. 3
Clause 179 Amendment of s 24 (Date of by-elections) 4
Section 24(3)(a)(ii), `18(2)'-- 5
omit, insert-- 6
`18(3)'. 7
Clause 180 Amendment of s 32 (Announcement of nominations) 8
Section 32(2)-- 9
omit, insert-- 10
`(2) The display of a copy of the nomination must continue until 11
the conclusion of the election.'. 12
Clause 181 Amendment of s 34 (Procedure if number of candidates 13
not more than number required) 14
Section 34(2) to (4)-- 15
omit, insert-- 16
`(2) If-- 17
(a) no-one is nominated as a candidate in an election; or 18
(b) the number of candidates nominated is less than the 19
number required to be elected; 20
the proceedings for the election must start again. 21
`(3) However, if proceedings for the election have previously 22
started again under subsection (2), the Governor in Council 23
may, by gazette notice, appoint as councillors of the local 24
government, the number of persons necessary to constitute 25
fully the local government. 26
`(4) Each person appointed under subsection (3) must be qualified 27
to be elected as a councillor of the local government for the 28
Page 123
Local Government and Other Legislation Amendment Bill 2012
Part 4 Amendment of Local Government Electoral Act 2011
[s 182]
local government area, or division of the local government 1
area, for which the election was to be held. 2
`(5) Persons appointed under subsection (4) are taken to have been 3
properly elected as councillors of the local government for 4
which they are appointed. 5
`(6) If proceedings for an election are started again under 6
subsection (2)-- 7
(a) the deposits of the candidates must be refunded to the 8
persons who paid the deposits; and 9
(b) the electoral commission must, by gazette notice, fix a 10
new polling day for the election.'. 11
Clause 182 Amendment of s 36 (Procedure on death of candidate 12
when poll to be conducted) 13
(1) Section 36(2) to (4)-- 14
renumber as section 36(3) to (5). 15
(2) Section 36-- 16
omit, insert-- 17
`(2) Also, the Minister may, by gazette notice, direct that-- 18
(a) if subsection (1)(a) applies--all proceedings for the 19
election of councillors of the local government start 20
again; or 21
(b) if subsection (1)(b) applies--proceedings for holding an 22
election of the mayor of the local government start 23
again; or 24
(c) if subsection (1)(c) applies-- 25
(i) proceedings for holding an election of the mayor of 26
the local government start again; and 27
(ii) proceedings for the election of councillors for the 28
other divisions of the local government start 29
again.'. 30
Page 124
Local Government and Other Legislation Amendment Bill 2012
Part 5 Amendment of Parliament of Queensland Act 2001
[s 183]
Part 5 Amendment of Parliament of 1
Queensland Act 2001 2
Clause 183 Act amended 3
This part amends the Parliament of Queensland Act 2001. 4
Clause 184 Amendment of s 68 (Effect of election on particular 5
candidates) 6
Section 68(1), notes, item 2-- 7
omit, insert-- 8
`2 Under the Local Government Act 2009, section 155(3), a 9
councillor of a local government (which by definition 10
includes the mayor) ceases to be a councillor if the 11
councillor becomes a member of the Legislative Assembly. 12
See also the City of Brisbane Act 2010, section 155(3).'. 13
Part 6 Amendment of Public Sector 14
Ethics Act 1994 15
Clause 185 Act amended 16
This part amends the Public Sector Ethics Act 1994. 17
Clause 186 Amendment of schedule (Dictionary) 18
Schedule, definition public sector entity, paragraph (g)-- 19
omit, insert-- 20
`(g) a corporation owned by a local government, or a 21
subsidiary of a corporation owned by a local 22
government;'. 23
Page 125
Local Government and Other Legislation Amendment Bill 2012
Part 7 Amendment of Public Service Act 2008
[s 187]
Part 7 Amendment of Public Service 1
Act 2008 2
Clause 187 Act amended 3
This part amends the Public Service Act 2008. 4
Clause 188 Amendment of s 24 (What is a government entity) 5
Section 24(2)(b)-- 6
omit, insert-- 7
`(b) a corporation owned by a local government, or a 8
subsidiary of a corporation owned by a local 9
government;'. 10
Part 8 Amendment of Right to 11
Information Act 2009 12
Clause 189 Act amended 13
This part amends the Right to Information Act 2009. 14
Clause 190 Amendment of s 113 (Disciplinary action) 15
Section 113(3), definition responsible Minister, paragraph 16
(c)-- 17
omit, insert-- 18
`(c) in relation to another local government--the Minister 19
administering the Local Government Act 2009; or'. 20
Page 126
Local Government and Other Legislation Amendment Bill 2012
Part 9 Minor and consequential amendments
[s 191]
Clause 191 Amendment of sch 3 (Exempt information) 1
Schedule 3, section 4A(2)-- 2
omit, insert-- 3
`(2) Subsection (1) does not apply to-- 4
(a) information officially published by decision of the 5
council; or 6
(b) if the council delegates a power to the committee under 7
the City of Brisbane Act 2010, section 238--information 8
relating to the delegation or the power to be exercised 9
under the delegation.'. 10
Part 9 Minor and consequential 11
amendments 12
Clause 192 Acts amended 13
The schedule amends the Acts it mentions. 14
Page 127
Local Government and Other Legislation Amendment Bill 2012
Schedule
Schedule Acts amended 1
section 192 2
City of Brisbane Act 2010 3
1 Section 150, examples, `180(12)'-- 4
omit, insert-- 5
`183A(2)'. 6
Judicial Review Act 1991 7
1 Section 18B-- 8
omit. 9
Libraries Act 1988 10
1 Section 55(3), `City of Brisbane Act 1924'-- 11
omit, insert-- 12
`City of Brisbane Act 2010'. 13
Local Government Act 2009 14
1 Section 150A, example, `177(12)(a)'-- 15
omit, insert-- 16
`181A(2)(a)'. 17
Page 128
Local Government and Other Legislation Amendment Bill 2012
Schedule
2 Section 153(5), `172, 174(3)'-- 1
omit, insert-- 2
`172'. 3
3 Section 255, before `121'-- 4
insert-- 5
`38AB,'. 6
Public Interest Disclosure Act 2010 7
1 Section 18-- 8
omit. 9
2 Section 26, definition public sector entity-- 10
omit, insert-- 11
`public sector entity includes a GOC.'. 12
3 Section 43(3), definition public sector entity-- 13
omit, insert-- 14
`public sector entity includes a GOC.'. 15
4 Section 46(4), definition public officer-- 16
omit, insert-- 17
`public officer includes an employee of a GOC.'. 18
5 Section 57, definition public sector entity, paragraph (a)-- 19
omit, insert-- 20
`(a) includes a GOC; and'. 21
Page 129
Local Government and Other Legislation Amendment Bill 2012
Schedule
6 Section 64(2)(a), `government, corporate entity'-- 1
omit, insert-- 2
`government'. 3
7 Section 66(3), definition proper authority-- 4
omit, insert-- 5
`proper authority includes a GOC.'. 6
8 Section 71(4), definition public sector entity-- 7
omit, insert-- 8
`public sector entity includes a GOC.'. 9
9 Schedule 4, definition corporate entity-- 10
omit. 11
Transport Infrastructure Act 1994 12
1 Section 89(2), `City of Brisbane Act 1924'-- 13
omit, insert-- 14
`City of Brisbane Act 2010'. 15
2 Section 105K(b) and (c)-- 16
omit, insert-- 17
`(b) the Local Government (Finance, Plans and Reporting) 18
Regulation 2010, section 176; 19
(c) the City of Brisbane (Finance, Plans and Reporting) 20
Regulation 2010, section 171.'. 21
Page 130
Local Government and Other Legislation Amendment Bill 2012
Schedule
3 Section 105ZA(1), `City of Brisbane Act 1924'-- 1
omit, insert-- 2
`City of Brisbane Act 2010'. 3
© State of Queensland 2012
Page 131
AMENDMENTS TO BILL
Local Government and Other Legislation Amendment Bill 2012
Local Government and Other Legislation
Amendment Bill 2012
Amendments agreed to during Consideration
1 Clause 2 (Commencement)
Page 12, lines 9 and 10--
omit, insert--
`· sections 19, 57(3), 60, 65(2) and (3), 70, 77, 91, 106 to
108, 139(3), 142, 150, 151 and 172(1) and (3)'.
2 Clause 11 (Amendment of s 32 (Notice of new local law))
Page 17, lines 4 to 11--
omit, insert--
`(6) Section 32(3)(j)(ii)--
omit, insert--
`(ii) viewed by the public on the department's website.'.
`(7) Section 32(6), `7 days'--
omit, insert--
`14 days'.
`(8) Section 32(6)(b), after `law'--
insert--
`in electronic form'.
`(9) Section 32(2A) to (6)--
renumber as section 32(3) to (7).'.
3 Clause 30 (Amendment of s 103 (Systems of financial
management))
Page 25, lines 13 to 15--
Page 1
Local Government and Other Legislation Amendment Bill 2012
omit, insert--
`(3) Section 103(1)(b)(viii), from `function, in'--
omit, insert--
`function.'.
`(4) Section 103(1)(b)(v) to (viii)--
renumber as section 103(1)(b)(iv) to (vi).
`(5) Section 103--'.
4 Clause 60 (Replacement of s 198 (Annual report must
detail remuneration))
Page 48, lines 7 to 13--
omit, insert--
`(a) the total of all remuneration packages that are payable
(in the year to which the annual report relates) to the
senior management; and
(b) the number of employees in senior management who are
being paid each band of remuneration.
`(2) The senior management consists of the chief executive
officer and all senior executive employees.
`(3) Each band of remuneration is an increment of $100000.
`(4) To remove any doubt, it is declared that nothing in this section
requires the exact salary of any employee in senior
management to be separately stated in the annual report.'.'.
5 Clause 72 (Amendment of schedule (Dictionary))
Page 54, lines 8 to 10--
omit.
6 Clause 79 (Amendment of s 13 (Responsibilities of local
government employees))
Page 56, lines 16 and 17--
Page 2
Local Government and Other Legislation Amendment Bill 2012
omit, insert--
`(g) complying with requests from councillors under section
170A--
(i) for advice to assist the councillor carry out his or
her'.
7 Clause 83 (Amendment of s 29B (Notice of new local law))
Page 64, lines 9 to 16--
omit, insert--
`(6) Section 29B(3)(j)(ii)--
omit, insert--
`(ii) viewed by the public on the department's website.'.
`(7) Section 29B(6), `7 days'--
omit, insert--
`14 days'.
`(8) Section 29B(6)(b), `law'--
omit, insert--
`law in electronic form'.
`(9) Section 29B(2A) to (6)--
renumber as section 29B(3) to (7).'.
8 After clause 106--
Page 74, after line 3--
insert--
`106A Omission of s 103 (Financial management systems)
Section 103--
omit.'.
Page 3
Local Government and Other Legislation Amendment Bill 2012
9 After clause 107--
Page 75, after line 28--
insert--
`107A Amendment of s 105 (Auditing, including internal
auditing)
Section 105(5)--
omit.'.
10 After clause 121--
Page 82, after line 12--
insert--
`121A Omission of s 156A (Disqualification about residence)
Section 156A--
omit.'.
11 Clause 125 (Replacement of s 170A (Requests by
councillors for advice or information))
Page 83, lines 28 to 31 and page 84, lines 1 to 3--
omit, insert--
`(4) A request of a councillor under subsection (1) or (2) is of no
effect if the request does not comply with the acceptable
requests guidelines.'.
12 Clause 142 (Replacement of s 201 (Annual report must
detail remuneration))
Page 101, lines 1 to 7--
omit, insert--
`(a) the total of all remuneration packages that are payable
(in the year to which the annual report relates) to the
senior management of the local government; and
Page 4
Local Government and Other Legislation Amendment Bill 2012
(b) the number of employees in senior management who are
being paid each band of remuneration.
`(2) The senior management, of a local government, consists of
the chief executive officer and all senior executive employees
of the local government.
`(3) Each band of remuneration is an increment of $100000.
`(4) To remove any doubt, it is declared that nothing in this section
requires the exact salary of any employee in senior
management to be separately stated in the annual report.'.'.
13 Clause 176 (Amendment of sch 4 (Dictionary))
Page 122, lines 7 to 10--
omit, insert--
`(8) Schedule, definition regional conduct review panel,'.
© State of Queensland 2012
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