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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Local Government
(Community Government
Areas) Bill 2004
Queensland
Local Government (Community
Government Areas) Bill 2004
Contents
Page
Part 1 Preliminary
Division 1 Introduction
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Division 2 Interpretation
3 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
4 Terms defined in Local Government Act 1993 . . . . . . . . . . . . . . . 8
5 Notes in text . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Part 2 New local government areas and local governments
Division 1 Declaration of new local government areas and
establishment of new local governments
6 Definition for div 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
7 Declarations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
8 Establishment of new local governments . . . . . . . . . . . . . . . . . . . 10
9 Maps must be available for inspection . . . . . . . . . . . . . . . . . . . . . 10
Division 2 Community government name
10 Name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Division 3 Application of Local Government Act 1993
11 Provisions of Local Government Act 1993 that apply. . . . . . . . . . 12
Part 3 Reviewable community government matters
Division 1 Preliminary
12 Definition for pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
13 Application of Local Government Act 1993, ch 3, pt 1 . . . . . . . . . 13
14 Meaning of reviewable community government matter . . . . . . . . 13
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Bill 2004
Division 2 Examining and determining reviewable community
government matters
15 Application of Local Government Act 1993, ch 3, pt 1 . . . . . . . . . 14
16 Minor reference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
17 Notice of proposed determination to implement matter and
recommendations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
18 Commissions must have regard to prescribed issues . . . . . . . . . 15
19 Implementing reviewable community government matter . . . . . . 16
Division 3 Quota requirements for divided community government
areas
20 Application of Local Government Act 1993, ss 285 and 286 . . . . 16
Part 4 Financial management
Division 1 Financial controllers
21 Procedures before appointment of financial controller . . . . . . . . . 17
22 Appointment of financial controller . . . . . . . . . . . . . . . . . . . . . . . . 18
23 Functions of financial controller . . . . . . . . . . . . . . . . . . . . . . . . . . 18
24 Power of financial controller to revoke or suspend resolution or
order .......................................... 19
25 Effect of revocation or suspension . . . . . . . . . . . . . . . . . . . . . . . . 19
26 Countersigning cheques and authorising electronic funds
transfers ..................................... 20
27 Community government to cooperate with financial controller . . . 20
28 Financial controller's employment conditions . . . . . . . . . . . . . . . . 21
29 Recovery of amounts from community governments . . . . . . . . . . 21
Division 2 Finance standards
30 Making of standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
31 Standards must be complied with . . . . . . . . . . . . . . . . . . . . . . . . 23
32 References in Local Government Act 1993 to Local Government
Finance Standards .............................. 24
Division 3 Inspection of accounting records
33 Definitions for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
34 Authorised person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
35 Powers of authorised person . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
36 Restriction on exercise of powers. . . . . . . . . . . . . . . . . . . . . . . . . 25
Division 4 Other financial provisions
37 Approved forms for financial statements . . . . . . . . . . . . . . . . . . . 25
38 Power of a community government to lend an amount to an adult
resident. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
3
Local Government (Community Government Areas)
Bill 2004
39 Power of community government to make and levy charge on
resident ...................................... 26
40 Special accounting provision for particular payments . . . . . . . . . 27
Part 5 Local services committees
41 Establishment of local services committee. . . . . . . . . . . . . . . . . . 27
42 Function of local services committee . . . . . . . . . . . . . . . . . . . . . . 28
43 Delegation of Local Government Act powers . . . . . . . . . . . . . . . . 28
44 Revocation of delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
45 Application of Local Government Act 1993, s 237 . . . . . . . . . . . . 29
46 Application of Local Government Act 1993, ss 244-250 . . . . . . . 30
47 Non-application of Local Government Act 1993, ss 454-457 . . . 30
48 References in Local Government Act 1993 to committee . . . . . . 31
Part 6 Superannuation
49 Superannuation liability for permanent employees. . . . . . . . . . . . 31
50 Permanent employees' liability for superannuation contribution. . 32
Part 7 Miscellaneous
51 Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
52 Review of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
53 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Part 8 Transitional provisions
Division 1 Transitional provisions delaying application of certain
provisions of Local Government Act 1993
54 Keeping registers of interests--councillor and councillor's
relatives ...................................... 33
55 Keeping register of community government delegations . . . . . . . 33
56 Keeping register of enterprises . . . . . . . . . . . . . . . . . . . . . . . . . . 34
57 Preparation and adoption of corporate plan . . . . . . . . . . . . . . . . . 34
58 Preparation and adoption of operational plan . . . . . . . . . . . . . . . 34
59 Preparation and adoption of revenue policy . . . . . . . . . . . . . . . . . 34
60 Adoption of revenue statement. . . . . . . . . . . . . . . . . . . . . . . . . . . 34
61 Budget for financial year ending 30 June 2006 . . . . . . . . . . . . . . 35
62 Content of annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
63 Keeping register of regulatory fees. . . . . . . . . . . . . . . . . . . . . . . . 35
64 Having corporate structure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
65 Deciding resources for staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
66 Keeping register of chief executive officer delegations. . . . . . . . . 36
67 Keeping registers of interests--employees . . . . . . . . . . . . . . . . . 36
4
Local Government (Community Government Areas)
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68 Superannuation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Division 2 Other transitional provisions
69 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
70 Aboriginal council is continued in existence . . . . . . . . . . . . . . . . . 37
71 References to Aboriginal council, council area, by-law or
subordinate by-law .............................. 37
72 Assets and liabilities etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
73 Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
74 Membership of new local government . . . . . . . . . . . . . . . . . . . . . 39
75 Mayor and deputy mayor of new local government . . . . . . . . . . . 39
76 Chief executive officer of new local government . . . . . . . . . . . . . 39
77 Local laws and subordinate local laws of new local government . 39
78 Budget . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
79 Adopted lending policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
80 Decision, order or action with ongoing operation or effect . . . . . . 41
81 Resolution with ongoing operation or effect . . . . . . . . . . . . . . . . . 41
82 Financial controller for Aboriginal council . . . . . . . . . . . . . . . . . . . 41
83 Administrator for Aboriginal council etc. . . . . . . . . . . . . . . . . . . . . 42
84 Transitional regulation-making power . . . . . . . . . . . . . . . . . . . . . . 42
Part 9 Amendment of Acts
85 Amendment of Community Services (Aborigines) Act 1984 . . . . 43
86 Consequential and other amendments of Acts . . . . . . . . . . . . . . 44
Consequential and other amendments of Acts . . . . . . . . . . 45
Schedule 1
ABORIGINAL LAND ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . 45
ABORIGINES AND TORRES STRAIT ISLANDERS (LAND
HOLDING) ACT 1985. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
ACTS INTERPRETATION ACT 1954 . . . . . . . . . . . . . . . . . . . . . . 47
COASTAL PROTECTION AND MANAGEMENT ACT 1995 . . . . 48
COMMUNITY SERVICES (ABORIGINES) ACT 1984 . . . . . . . . . 48
COMMUNITY SERVICES (TORRES STRAIT) ACT 1984 . . . . . . 64
CRIMINAL CODE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
DOMESTIC AND FAMILY VIOLENCE PROTECTION ACT 1989 65
ELECTORAL ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
FINANCIAL ADMINISTRATION AND AUDIT ACT 1977 . . . . . . . 66
FREEDOM OF INFORMATION ACT 1992. . . . . . . . . . . . . . . . . . 66
HOUSING ACT 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
INDIGENOUS COMMUNITIES LIQUOR LICENCES ACT 2002 . 67
5
Local Government (Community Government Areas)
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INTEGRATED PLANNING ACT 1997 . . . . . . . . . . . . . . . . . . . . . 67
JUVENILE JUSTICE ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . 67
LIQUOR ACT 1992. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
LOCAL GOVERNMENT (ABORIGINAL LANDS) ACT 1978 . . . . 69
LOCAL GOVERNMENT ACT 1993 . . . . . . . . . . . . . . . . . . . . . . . 70
OMBUDSMAN ACT 2001. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
PENALTIES AND SENTENCES ACT 1992 . . . . . . . . . . . . . . . . . 74
POLICE POWERS AND RESPONSIBILITIES ACT 2000 . . . . . . 74
PUBLIC SECTOR ETHICS ACT 1994 . . . . . . . . . . . . . . . . . . . . . 76
RESIDENTIAL TENANCIES ACT 1994 . . . . . . . . . . . . . . . . . . . . 76
VALUATION OF LAND ACT 1944 . . . . . . . . . . . . . . . . . . . . . . . . 77
Declaration of new local government areas . . . . . . . . . . . . . 78
Schedule 2
Local governments that Aboriginal councils become . . . . . 80
Schedule 3
Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
Schedule 4
2004
A Bill
for
An Act to declare particular parts of Queensland to be local
government areas under the Local Government Act 1993,
establish new local governments for the areas, and apply
provisions of that Act to the areas and local governments, and
for other purposes
s1 8 s5
Local Government (Community Government Areas)
Act 2004
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Division 1 Introduction 3
1 Short title 4
This Act may be cited as the Local Government (Community 5
Government Areas) Act 2004. 6
2 Commencement 7
This Act, other than section 85, commences on a day to be 8
fixed by proclamation. 9
Division 2 Interpretation 10
3 Definitions 11
The dictionary in schedule 4 defines particular words used in 12
this Act. 13
4 Terms defined in Local Government Act 1993 14
A term used in this Act that is defined in the Local 15
Government Act 1993 has the meaning given to it by that Act. 16
5 Notes in text 17
A note in the text of this Act is part of the Act. 18
s6 9 s7
Local Government (Community Government Areas)
Act 2004
Part 2 New local government areas 1
and local governments 2
Division 1 Declaration of new local 3
government areas and 4
establishment of new local 5
governments 6
6 Definition for div 1 7
In this division-- 8
column 1 area map see section 7(1). 9
7 Declarations 10
(1) Each part of the State shown on a map mentioned in 11
schedule 2, column 1 (the column 1 area map) is-- 12
(a) declared to be a local government area under the Local 13
Government Act 1993 (a new local government area); 14
and 15
(b) taken to be declared to be a local government area under 16
the Local Government Act 1993, section 16.1 17
18
Note--
19
A part of the State shown on a column 1 area map was a council area
20
under the Aboriginal Communities (Justice and Land Matters) Act 1984
21
immediately before the commencement of this section.
(2) For subsection (1), the external boundaries of an old local 22
government area affected by a declaration under 23
subsection (1) are changed by excluding the part of that area 24
that becomes a new local government area. 25
(3) Also, for the Local Government Act 1993, it is declared that a 26
new local government area-- 27
1 Local Government Act 1993, section 16 (Declaration of local government areas)
s8 10 s9
Local Government (Community Government Areas)
Act 2004
(a) has the name mentioned in schedule 2, column 2 shown 1
opposite the column 1 area map; and 2
(b) is of the class mentioned in schedule 2, column 3 shown 3
opposite the column 1 area map. 4
(4) The Local Government Act 1993, chapter 3, part 12 does not 5
apply to the following-- 6
(a) creating a new local government area under 7
subsection (1); 8
(b) changing the external boundaries of an old local 9
government area by excluding part of the old local 10
government area and including the part in a new local 11
government area under subsection (2); 12
(c) naming a new local government area under 13
subsection (3)(a); 14
(d) deciding the class of a new local government area under 15
subsection (3)(b). 16
(5) Each column 1 area map is identified by a map number 17
marked on the map. 18
(6) In this section-- 19
old local government area means a local government area 20
under the Local Government Act 1993 immediately before the 21
commencement of this section. 22
8 Establishment of new local governments 23
An entity mentioned in schedule 2, column 4 is a local 24
government under the Local Government Act 1993 for the part 25
of the State shown on the column 1 area map shown opposite 26
the entity. 27
9 Maps must be available for inspection 28
(1) The chief executive must-- 29
2 Local Government Act 1993, chapter 3 (Interaction with the State), part 1
(Reviewable local government matters)
s 10 11 s 10
Local Government (Community Government Areas)
Act 2004
(a) ensure each local government mentioned in schedule 2, 1
column 4 has a copy of its column 1 area map; and 2
(b) keep a copy of each column 1 area map available for 3
inspection free of charge by anyone, during normal 4
office hours, at the department's head office. 5
(2) A local government mentioned in schedule 2, column 4 must 6
keep a copy of its column 1 area map available for inspection 7
free of charge by anyone, during normal office hours, at its 8
public office. 9
Division 2 Community government name 10
10 Name 11
(1) A community government may be called any of the 12
following-- 13
(a) `Council of the Shire of ... (insert name of community 14
government area)'; 15
(b) `... (insert name of community government area) ... 16
Shire Council'; 17
(c) `... (insert name of community government area) ... 18
Aboriginal Shire Council'. 19
(2) The use of a name for a local government in schedule 2 or 3 20
does not limit the operation of this section. 21
s 11 12 s 11
Local Government (Community Government Areas)
Act 2004
Division 3 Application of Local Government 1
Act 1993 2
11 Provisions of Local Government Act 1993 that apply 3
(1) The Local Government Act 1993 applies to a community 4
government area and the community government for the area, 5
subject to section 32 and part 8, division 1.3 6
(2) Without limiting section 20,4 the following provisions of the 7
Local Government Act 1993 do not apply to a community 8
government area or the community government for the area-- 9
· sections 33 and 345 10
· section 64(1)(d) and (g) to (k)6 11
· chapter 4, part 1, division 2 and part 47 12
· chapter 5 8
13
· sections 502, 503 and 854.9 14
3 Section 32 (References in Local Government Act 1993 to Local Government
Finance Standards) and part 8 (Transitional provisions), division 1 (Transitional
provisions delaying application of certain provisions of Local Government Act
1993)
4 Section 20 (Application of Local Government Act 1993, sections 285 and 286)
5 Local Government Act 1993, sections 33 (Number of councillors) and 34 (Local
government name)
6 Local Government Act 1993, section 64 (Meaning of reviewable local government
matter)
7 Local Government Act 1993, chapter 4 (Local government councillors), part 1
(Membership of local governments), division 2 (Qualifications and
disqualifications) and part 4 (Vacancies in membership of local governments)
8 Local Government Act 1993, chapter 5 (Local government elections)
9 Local Government Act 1993, sections 502 (Issue of standards), 503 (Standards must
be complied with) and 854 (Local laws and subordinate local laws about
development)
s 12 13 s 14
Local Government (Community Government Areas)
Act 2004
Part 3 Reviewable community 1
government matters 2
Division 1 Preliminary 3
12 Definition for pt 3 4
In this part-- 5
reviewable community government matter see section 14. 6
13 Application of Local Government Act 1993, ch 3, pt 1 7
This part applies certain provisions of the Local Government 8
Act 1993, chapter 3, part 110 in relation to reviewable 9
community government matters. 10
14 Meaning of reviewable community government matter 11
(1) The following are reviewable community government 12
matters-- 13
(a) dividing, redividing and abolishing divisions of a 14
community government area; 15
(b) changing the boundaries of divisions of a community 16
government area by-- 17
(i) excluding part of a division of a community 18
government area and including the part in another 19
division of the community government area; or 20
(ii) creating a new division of the community 21
government area; 22
(c) assigning and reassigning councillors of a community 23
government to divisions of its community government 24
area; 25
10 Local Government Act 1993, chapter 3 (Interaction with the State), part 1
(Reviewable local government matters)
s 15 14 s 15
Local Government (Community Government Areas)
Act 2004
(d) deciding and changing the composition of a community 1
government; 2
(e) recognising indigenous social groupings of a 3
community government area for elections for the 4
community government of the area; 5
(f) changing the mode of election of the mayor of a 6
community government; 7
(g) another matter relating to a community government 8
declared under a regulation to be a reviewable 9
community government matter. 10
(2) A reviewable community government matter includes-- 11
(a) any aspect of a matter mentioned in subsection (1); and 12
(b) a particular proposal about a matter, or an aspect of a 13
matter, mentioned in subsection (1). 14
(3) In this section-- 15
indigenous social grouping means a group of indigenous 16
persons sharing a common basis of social affiliation, 17
including family relationship, language, traditional land 18
ownership and historical association. 19
Division 2 Examining and determining 20
reviewable community government 21
matters 22
15 Application of Local Government Act 1993, ch 3, pt 1 23
(1) The Local Government Act 1993, chapter 3, part 1, other than 24
sections 64, 84, 157 and 15811 of that Act, applies to a 25
community government area and the community government 26
for the area, with any necessary or convenient changes, as if a 27
11 Local Government Act 1993, sections 64 (Meaning of reviewable local government
matter), 84 (Commissions must have regard to prescribed issues), 157
(Implementation of reviewable local government matter) and 158 (Requirement
before implementation)
s 16 15 s 18
Local Government (Community Government Areas)
Act 2004
reviewable local government matter were a reviewable 1
community government matter. 2
(2) For subsection (1), any other provision of the Local 3
Government Act 1993 necessary or convenient for the 4
application of chapter 3, part 1 of that Act also applies with 5
any necessary or convenient changes. 6
16 Minor reference 7
If the Minister refers a reviewable community government 8
matter to the commissioner under the Local Government Act 9
1993, section 77,12 as applied by section 15(1), the 10
commissioner is taken to have declared the reference to be a 11
minor reference under that Act. 12
17 Notice of proposed determination to implement matter 13
and recommendations 14
(1) This section applies if a commission gives a notice to a 15
community government under the Local Government Act 16
1993, section 100(1)(a)(i),13 as applied by section 15(1). 17
(2) The community government must, as soon as practicable after 18
receiving the notice, put a copy of the notice on display in a 19
conspicuous place in the public office of the community 20
government. 21
18 Commissions must have regard to prescribed issues 22
When considering a reviewable community government 23
matter under the Local Government Act 1993, chapter 3, 24
part 1, as applied by section 15(1), a commission must have 25
regard to the issues prescribed under a regulation. 26
12 Local Government Act 1993, section 77 (Minister may refer certain reviewable local
government matters to commissioner)
13 Local Government Act 1993, section 100 (Notice of proposed determination to
implement matter and recommendations)
s 19 16 s 20
Local Government (Community Government Areas)
Act 2004
19 Implementing reviewable community government matter 1
(1) Subject to subsection (2), a reviewable community 2
government matter may be implemented by regulation. 3
(2) A reviewable community government matter may be 4
implemented only if the commissioner and the commission 5
that determined the matter have complied with the Local 6
Government Act 1993, chapter 3, part 1, as applied by 7
section 15(1), in relation to the matter. 8
(3) For subsection (2), strict compliance with the Local 9
Government Act 1993, chapter 3, part 1, as applied by 10
section 15(1), is not necessary and substantial compliance is 11
sufficient. 12
Division 3 Quota requirements for divided 13
community government areas 14
20 Application of Local Government Act 1993, ss 285 and 15
286 16
(1) The Local Government Act 1993, sections 285 and 28614 17
apply to a community government area and the community 18
government for the area, with any necessary or convenient 19
changes, as if a reviewable local government matter were a 20
reviewable community government matter. 21
(2) For subsection (1), any other provision of the Local 22
Government Act 1993 necessary or convenient for the 23
application of sections 285 and 286 of that Act also applies 24
with any necessary or convenient changes. 25
14 Local Government Act 1993, sections 285 (Equitable division of local government
areas) and 286 (Quota to be complied with in division of local government area and
assignment of councillors)
s 21 17 s 21
Local Government (Community Government Areas)
Act 2004
Part 4 Financial management 1
Division 1 Financial controllers 2
21 Procedures before appointment of financial controller 3
(1) Before the Governor in Council or Minister exercises a power 4
under section 22 in relation to a community government, the 5
Minister must give notice of the proposed exercise of the 6
power to the community government. 7
(2) However, notice need not be given if-- 8
(a) the community government has asked for the power to 9
be exercised; or 10
(b) the Minister reasonably considers giving notice-- 11
(i) is likely to defeat the purpose of the proposed 12
exercise of the power; or 13
(ii) would serve no useful purpose. 14
(3) The notice must state-- 15
(a) the reasons for the proposed exercise of the power; and 16
(b) a period within which the community government may 17
make submissions to the Minister about the proposed 18
exercise of the power. 19
(4) The reasons stated in the notice are the only reasons that can 20
be relied on in support of the exercise of the power. 21
(5) The Minister must have regard to all submissions made by the 22
community government within the stated period. 23
(6) The power may be exercised without further notice to the 24
community government if-- 25
(a) the proposed exercise of the power is to proceed despite 26
the community government's submissions; or 27
(b) no submissions of the community government are 28
received by the Minister within the stated period. 29
s 22 18 s 23
Local Government (Community Government Areas)
Act 2004
22 Appointment of financial controller 1
(1) The Governor in Council may, by regulation, appoint a 2
financial controller for a community government. 3
(2) The Minister must not recommend the Governor in Council 4
act under subsection (1) unless the Minister is satisfied on 5
reasonable grounds that the community government-- 6
(a) has made a disbursement from a fund that is not 7
provided for in the community government's budget; or 8
(b) has made a disbursement from grant moneys for a 9
purpose other than the purpose for which the grant was 10
given; or 11
(c) has contravened section 3115 or a provision of the Local 12
Government Act 1993, chapter 716 relating to its budget 13
or another financial matter; or 14
(d) has not implemented suitable financial management 15
strategies for the funds under its control; or 16
(e) has acted, or is about to act, in a way that-- 17
(i) caused, or may cause, a significant deterioration in 18
its financial viability; or 19
(ii) will, or may, cause it to become insolvent. 20
23 Functions of financial controller 21
(1) A financial controller appointed for a community government 22
is responsible for ensuring the community government 23
adheres to its budget. 24
(2) Also, the financial controller-- 25
(a) may give advice about financial management to the 26
community government, including, for example, advice 27
about the preparation of a plan to address any financial 28
difficulties it may be experiencing; and 29
15 Section 31 (Standards must be complied with)
16 Local Government Act 1993, chapter 7 (Financial operation and accountability of
local governments)
s 24 19 s 25
Local Government (Community Government Areas)
Act 2004
(b) may undertake other administrative duties requested by 1
the community government; and 2
(c) must undertake other administrative duties directed by 3
the Minister. 4
24 Power of financial controller to revoke or suspend 5
resolution or order 6
(1) A financial controller appointed for a community government 7
may, by notice to the community government's chief 8
executive officer-- 9
(a) revoke or suspend the operation of-- 10
(i) a resolution of the community government; or 11
(ii) an order of the community government giving 12
effect to a resolution of the community 13
government; and 14
(b) end the suspension of the resolution or order. 15
(2) However, the financial controller may revoke or suspend a 16
resolution or order under subsection (1) only if the financial 17
controller reasonably believes-- 18
(a) the resolution or order will result in unlawful 19
expenditure by the community government; or 20
(b) the resolution or order will result in expenditure from 21
grant moneys for a purpose other than the purpose for 22
which the grant was given; or 23
(c) the resolution or order will cause the community 24
government to become insolvent. 25
(3) The notice must state the reasons for the revocation or 26
suspension. 27
(4) The suspension may be for a stated period or indefinite. 28
25 Effect of revocation or suspension 29
(1) A resolution or order of a community government that is 30
revoked under section 24-- 31
s 26 20 s 27
Local Government (Community Government Areas)
Act 2004
(a) stops having effect on the day stated for that purpose in 1
the notice to the community government's chief 2
executive officer; or 3
(b) if no day is stated for that purpose--is taken never to 4
have had effect. 5
(2) A resolution or order of a community government whose 6
operation is suspended under section 24 does not have effect 7
while it is suspended. 8
(3) Neither the State nor the financial controller is legally liable 9
for any loss or expense incurred by a person because of the 10
revocation or suspension of a community government's 11
resolution or order under section 24. 12
26 Countersigning cheques and authorising electronic 13
funds transfers 14
(1) If a financial controller is appointed for a community 15
government, a payment may be made from an account with a 16
financial institution kept by the community government only 17
by a cheque countersigned, or an electronic funds transfer 18
authorised, by the financial controller. 19
(2) However, the financial controller may refuse to countersign 20
the cheque, or authorise the electronic funds transfer, only if 21
the financial controller reasonably believes-- 22
(a) the payment will result in unlawful expenditure by the 23
community government; or 24
(b) the payment will result in expenditure from grant 25
moneys for a purpose other than the purpose for which 26
the grant was given; or 27
(c) the payment will cause the community government to 28
become insolvent. 29
27 Community government to cooperate with financial 30
controller 31
If a financial controller is appointed for a community 32
government, the community government must cooperate with 33
s 28 21 s 30
Local Government (Community Government Areas)
Act 2004
the financial controller in relation to the performance of the 1
financial controller's functions under section 23. 2
28 Financial controller's employment conditions 3
A financial controller appointed for a community government 4
is to be employed under the Public Service Act 1996. 5
29 Recovery of amounts from community governments 6
(1) The Governor in Council may direct a community 7
government for which a financial controller is appointed to 8
pay to the Minister a stated amount for the costs and expenses 9
of the financial controller. 10
(2) The stated amount may include salary and allowances payable 11
to the financial controller as a public service officer. 12
(3) The direction may state a time for payment. 13
(4) The stated amount is a debt payable to the State. 14
Division 2 Finance standards 15
30 Making of standards 16
(1) The Minister may make standards (Community Government 17
Finance Standards) about-- 18
(a) the policies and principles to be complied with by 19
community governments in financial management, 20
including, for example, internal audit; and 21
(b) the content of financial statements and annual reports by 22
community governments; and 23
(c) the policies to be complied with by community 24
governments in relation to the lending of amounts to 25
adult residents of their community government areas; 26
and 27
(d) each community government giving the Minister 28
information on an annual basis about the payment of 29
s 30 22 s 30
Local Government (Community Government Areas)
Act 2004
notional GST that may affect the distribution, under the 1
Local Government Act 1993, section 200,17 of financial 2
assistance to the community government; and 3
(e) requirements for full cost pricing and their application 4
to significant business activities of community 5
governments under the Local Government Act 1993, 6
chapter 8, part 5;18 and 7
(f) commercialisation and its application to community 8
governments' commercial business units under the 9
Local Government Act 1993, chapter 8, part 6;19 and 10
(g) corporatisation and its application to corporatised 11
corporations of community governments under the 12
Local Government Act 1993, chapter 8, part 7;20 and 13
(h) a code of competitive conduct for application of 14
competitive neutrality principles to community 15
governments' business activities, roads business 16
activities and building certification business activities 17
under the Local Government Act 1993, chapter 9;21 and 18
(i) facilitating the implementation of the Local Government 19
Act 1993, chapter 10,22 including-- 20
(i) charging arrangements for, and bases of operation 21
of, relevant business activities providing water and 22
sewerage services; and 23
(ii) providing how the following are to be applied-- 24
17 Local Government Act 1993, section 200 (Distribution of financial assistance
amount)
18 Local Government Act 1993, chapter 8, (National competition reform of significant
business activities), part 5 (Full cost pricing for significant business activities)
19 Local Government Act 1993, chapter 8 (National competition reform of significant
business activities), part 6 (Commercialisation of significant business activities)
20 Local Government Act 1993, chapter 8 (National competition reform of significant
business activities), part 7 (Local government owned corporations)
21 Local Government Act 1993, chapter 9 (Conduct of competitive business activities)
22 Local Government Act 1993, chapter 10 (Reform of certain water and sewerage
services)
s 31 23 s 31
Local Government (Community Government Areas)
Act 2004
(A) consumption as the basis for utility charges 1
for water services; 2
(B) full cost recovery for water and sewerage 3
services; 4
(C) identification and disclosure of 5
cross-subsidies between classes of 6
consumers and community service 7
obligations in the provision of water and 8
sewerage services; 9
(D) disclosure of the classes of consumers who 10
are provided with water or sewerage services 11
at an amount below full cost and the amount; 12
and 13
(j) any other matter that is required or permitted by an Act 14
to be prescribed by a standard made under this 15
subsection. 16
(2) Before making a standard, the Minister must-- 17
(a) consult with the auditor-general about the standard; and 18
(b) have regard to relevant standards made by appropriate 19
professional bodies. 20
(3) The standards may include practice statements if the Minister 21
considers a uniform standard of practice or procedure is 22
necessary or desirable. 23
(4) A standard about the content of a policy mentioned in 24
subsection (1)(c) may include-- 25
(a) a model lending policy; or 26
(b) model provisions of a lending policy. 27
(5) A standard made under subsection (1) is subordinate 28
legislation. 29
31 Standards must be complied with 30
A community government must comply with the Community 31
Government Finance Standards. 32
s 32 24 s 35
Local Government (Community Government Areas)
Act 2004
32 References in Local Government Act 1993 to Local 1
Government Finance Standards 2
A reference in the Local Government Act 1993 to the Local 3
Government Finance Standards is taken to be a reference to 4
the Community Government Finance Standards. 5
Division 3 Inspection of accounting records 6
33 Definitions for div 3 7
In this division-- 8
authorised person see section 34(1). 9
authorised powers means the powers mentioned in section 35. 10
34 Authorised person 11
(1) The chief executive may, in writing, authorise a person (an 12
authorised person) to exercise the authorised powers in 13
relation to a stated community government. 14
(2) Before authorising a person under subsection (1), the chief 15
executive must be satisfied the person has the necessary 16
expertise or experience to exercise the authorised powers. 17
35 Powers of authorised person 18
(1) An authorised person may, in relation to the relevant 19
community government, enter any premises of the community 20
government open for carrying on the functions of local 21
government. 22
(2) For exercising the power mentioned in subsection (1), an 23
authorised person may enter the community government area 24
of the community government. 25
(3) However, an authorised person may not enter premises under 26
subsection (1) if the premises are premises where an 27
individual resides. 28
(4) After entering premises under subsection (1), the authorised 29
person may-- 30
s 36 25 s 38
Local Government (Community Government Areas)
Act 2004
(a) search any part of the premises for accounting records of 1
the community government; or 2
(b) inspect accounting records of the community 3
government at the premises; or 4
(c) take an extract from, or copy, an accounting record of 5
the community government at the premises. 6
36 Restriction on exercise of powers 7
(1) An authorised person may, in relation to the relevant 8
community government, exercise the authorised powers only 9
if the authorised person first produces to the community 10
government's chief executive officer a copy of the written 11
authority for the exercise of the powers. 12
(2) However, an authorised person need not comply with 13
subsection (1) if the authorised person believes on reasonable 14
grounds that complying with subsection (1) could frustrate the 15
authorised person's effective exercise of the authorised 16
powers. 17
Division 4 Other financial provisions 18
37 Approved forms for financial statements 19
A community government's financial statements must be 20
prepared-- 21
(a) in the approved form relevant to a cash accounting 22
system format; or 23
(b) in the approved form relevant to an accrual accounting 24
system format. 25
38 Power of a community government to lend an amount to 26
an adult resident 27
(1) A community government may lend an amount to an adult 28
resident of its community government area only if-- 29
s 39 26 s 39
Local Government (Community Government Areas)
Act 2004
(a) it does so under a lending policy adopted by it by 1
resolution (an adopted lending policy); and 2
(b) the adopted lending policy has been approved by the 3
Minister under subsection (3). 4
(2) The Minister must approve an adopted lending policy 5
submitted to the Minister for approval unless the Minister is 6
satisfied on reasonable grounds the policy does not comply 7
with the Community Government Finance Standards. 8
(3) The Minister must decide whether or not to approve an 9
adopted lending policy submitted to the Minister for approval 10
as soon as practicable after receiving the policy and must give 11
the community government that submitted the policy notice of 12
the decision. 13
(4) If the Minister decides not to approve the policy, the notice 14
must state how the policy does not comply with the 15
Community Government Finance Standards. 16
39 Power of community government to make and levy 17
charge on resident 18
(1) A community government may, by resolution, make and levy 19
a charge on residents of residential premises in its community 20
government area. 21
(2) However, the community government may exempt a resident 22
from payment of the charge. 23
(3) Despite subsection (2), the community government may give 24
an exemption if another amount is payable to the community 25
government in relation to the premises. 26
s 40 27 s 41
Local Government (Community Government Areas)
Act 2004
40 Special accounting provision for particular payments 1
(1) A community government must keep separate accounting 2
records for payments made to it under the Indigenous 3
Communities Liquor Licences Act 2002, section 9.23 4
(2) The community government must ensure the amounts paid to 5
it are used only for-- 6
(a) funding programs or services for the benefit of residents 7
of its community government area; or 8
(b) if an implementation regulation under the Indigenous 9
Communities Liquor Licences Act 2002, section 34,24 10
states this paragraph applies--for making a payment 11
relating to the community government's liabilities stated 12
in the regulation. 13
Part 5 Local services committees 14
41 Establishment of local services committee 15
(1) A community government may, under a local law, establish a 16
committee (a local services committee) of the community 17
government. 18
(2) The local law must state the powers under a local government 19
Act of the community government that may be delegated to 20
the committee under section 43. 21
(3) Also, the local law must include provisions about the 22
following-- 23
(a) the committee's name and membership; 24
23 Indigenous Communities Liquor Licences Act 2002, section 9 (Payments to be made
to indigenous councils)
24 Indigenous Communities Liquor Licences Act 2002, section 34 (Regulation for
implementing transfer)
s 42 28 s 44
Local Government (Community Government Areas)
Act 2004
(b) the appointment of a delegate member of the committee 1
and when the delegate member may act as a member of 2
the committee; 3
(c) a quorum of the committee; 4
(d) the appointment of the committee's chairperson; 5
(e) the conduct of committee meetings. 6
(4) The committee may include persons who are not councillors 7
of the community government. 8
42 Function of local services committee 9
The function of a community government's local services 10
committee is to exercise any powers under a local government 11
Act of the community government delegated to the committee 12
under section 43. 13
43 Delegation of Local Government Act powers 14
(1) A community government may, by resolution, delegate to a 15
local services committee of the community government a 16
power of the community government under a local 17
government Act that the local law establishing the committee 18
states may be delegated to the committee. 19
(2) Subsection (1) does not limit the power of a community 20
government to make a delegation under the Local Government 21
Act 1993, section 472. 22
(3) A power mentioned in the Local Government Act 1993, 23
section 472(3) may not be delegated under subsection (1). 24
(4) A delegation made by a community government under 25
subsection (1) must be recorded in the community 26
government's register of delegations mentioned in the Local 27
Government Act 1993, section 472(4). 28
44 Revocation of delegation 29
(1) This section applies if a community government proposes 30
making a resolution revoking a resolution made under 31
section 43(1). 32
s 45 29 s 45
Local Government (Community Government Areas)
Act 2004
(2) The community government must publish a notice (the 1
revocation notice) about the proposed resolution in a 2
newspaper circulating in the community government area of 3
the community government at least 2 weeks before the day of 4
the meeting of the community government at which it is 5
proposed to make the resolution. 6
(3) Also, the community government must-- 7
(a) put a copy of the revocation notice on display in a 8
conspicuous place in its public office on the day on 9
which the revocation notice is published under 10
subsection (2); and 11
(b) keep the copy of the revocation notice on display, under 12
paragraph (a), until after the meeting. 13
(4) The revocation notice must state the following-- 14
(a) the proposed resolution; 15
(b) the reasons for the proposed resolution; 16
(c) the day and time of the meeting; 17
(d) that anyone may make a written submission to the 18
community government about the proposed resolution 19
until the day before the day of the meeting. 20
(5) A person may, until the day before the day of the meeting, 21
make a written submission to the community government 22
about the proposed resolution. 23
(6) The community government must, before making the 24
proposed resolution, take into account any submissions made 25
under subsection (5) about the proposed resolution. 26
45 Application of Local Government Act 1993, s 237 27
(1) The Local Government Act 1993, section 237 applies to a
25
28
member of a local services committee as if a reference in that 29
section to an advisory committee of a local government 30
25 Local Government Act 1993, section 237 (Remuneration for service on local
government and advisory committees)
s 46 30 s 47
Local Government (Community Government Areas)
Act 2004
includes a reference to a local services committee of a 1
community government. 2
(2) For subsection (1), any other provision of the Local 3
Government Act 1993 necessary or convenient for the 4
application of section 237 of that Act also applies with any 5
necessary or convenient changes. 6
46 Application of Local Government Act 1993, ss 244-250 7
(1) The Local Government Act 1993, sections 244 to 25026 apply 8
to a member of a local services committee as if a reference in 9
the sections to a councillor, councillor of a local government 10
or local government councillor includes a reference to a 11
member of a local services committee who is not a councillor. 12
(2) For subsection (1), any other provision of the Local 13
Government Act 1993 necessary or convenient for the 14
application of sections 244 to 250 of that Act also applies with 15
any necessary or convenient changes. 16
47 Non-application of Local Government Act 1993, 17
ss 454-457 18
The Local Government Act 1993, sections 454 to 45727 do not 19
apply to a local services committee. 20
26 Local Government Act 1993, sections 244 (Exclusion from meeting of councillor
with material personal interest), 245 (Removal of disability), 246 (Penalty for
contravening exclusion from meeting), 247 (Registers of interests), 248 (Access to
registers), 249 (Queries on contents of register) and 250 (Improper use of
information by councillors)
27 Local Government Act 1993, sections 454 (Delegate members of committees), 455
(Quorum), 456 (Chairperson of committee) and 457 (Committee meetings)
s 48 31 s 49
Local Government (Community Government Areas)
Act 2004
48 References in Local Government Act 1993 to committee 1
(1) The Local Government Act 1993, sections 458 to 463, 469(3) 2
and 47328 apply to a local services committee of a community 3
government in the same way as they apply to other 4
committees of the community government. 5
(2) For subsection (1), any other provision of the Local 6
Government Act 1993 necessary or convenient for the 7
application of sections 458 to 463, 469(3) and 473 of that Act 8
also applies with any necessary or convenient changes. 9
Part 6 Superannuation 10
49 Superannuation liability for permanent employees 11
Despite the Local Government Act 1993, section 1182(2) the 29
12
yearly contributions for a permanent employee of a 13
community government are calculated-- 14
(a) for the year starting 1 July 2005--at a rate of 12% of the 15
employee's salary; or 16
(b) for the year starting 1 July 2006--at a rate of 15% of the 17
employee's salary; or 18
(c) for each later year--at a rate of 18% of the employee's 19
salary. 20
28 Local Government Act 1993, sections 458 (Reports), 459 (Minutes must be kept
unless committee exempted), 460 (Division applies to local governments and their
committees), 461 (Minutes), 462 (Meetings in public unless otherwise resolved),
463 (Closed meetings), 469 (Inspection of records by members) and 473
(Preservation of proceedings)
29 Local Government Act 1993, section 1182 (Local governments' liability for
permanent employees)
s 50 32 s 53
Local Government (Community Government Areas)
Act 2004
50 Permanent employees' liability for superannuation 1
contribution 2
Despite the Local Government Act 1993, section 1183(1),30 3
the yearly contributions for a permanent employee of a 4
community government are calculated-- 5
(a) for the year starting 1 July 2005--at a rate of 2% of the 6
employee's salary; or 7
(b) for the year starting 1 July 2006--at a rate of 4% of the 8
employee's salary; or 9
(c) for each later year--at a rate of 6% of the employee's 10
salary. 11
Part 7 Miscellaneous 12
51 Approval of forms 13
The chief executive may approve forms for use under this Act. 14
52 Review of Act 15
The Minister must review the efficacy and efficiency of this 16
Act within 4 years of its commencement. 17
53 Regulation-making power 18
(1) The Governor in Council may make regulations under this 19
Act. 20
(2) A regulation may be made about the following-- 21
(a) the membership of community governments; 22
(b) the qualifications, and disqualifications, for membership 23
of community governments; 24
30 Local Government Act 1993, section 1183 (Permanent employees' liability for
contributions)
s 54 33 s 55
Local Government (Community Government Areas)
Act 2004
(c) elections and by-elections for community governments, 1
including the application of the Local Government Act 2
1993, chapter 531 to the elections and by-elections; 3
(d) the appointment, powers and duties of returning officers 4
for elections and by-elections for community 5
governments; 6
(e) imposing a penalty of not more than 20 penalty units for 7
a contravention of a provision of a regulation. 8
Part 8 Transitional provisions 9
Division 1 Transitional provisions delaying 10
application of certain provisions of 11
Local Government Act 1993 12
54 Keeping registers of interests--councillor and 13
councillor's relatives 14
Despite the Local Government Act 1993, section 247(1),32 a 15
community government's chief executive officer is not 16
required to keep registers of interests until 1 July 2005. 17
55 Keeping register of community government delegations 18
Despite the Local Government Act 1993, section 472(4),33 a 19
community government's chief executive officer is not 20
required to keep a register of delegations until 1 July 2005. 21
31 Local Government Act 1993, chapter 5 (Local Government elections)
32 Local Government Act 1993, section 247 (Registers of interests)
33 Local Government Act 1993, section 472 (Delegation by local government)
s 56 34 s 60
Local Government (Community Government Areas)
Act 2004
56 Keeping register of enterprises 1
Despite the Local Government Act 1993, section 501(1), a 34
2
community government is not required to keep a register 3
relating to enterprises until 1 July 2005. 4
57 Preparation and adoption of corporate plan 5
Despite the Local Government Act 1993, section 504, a 35
6
community government is not required to prepare and adopt a 7
corporate plan for a period that includes a period before 1 July 8
2007. 9
58 Preparation and adoption of operational plan 10
Despite the Local Government Act 1993, section 508, a 36
11
community government is not required to prepare and adopt 12
an operational plan for a financial year ending before 1 July 13
2007. 14
59 Preparation and adoption of revenue policy 15
Despite the Local Government Act 1993, section 513A,37 a 16
community government is not required to prepare and adopt a 17
revenue policy for a financial year ending before 1 July 2006. 18
60 Adoption of revenue statement 19
Despite the Local Government Act 1993, section 518, a 38
20
community government is not required to adopt a revenue 21
statement for a financial year ending before 1 July 2006. 22
34 Local Government Act 1993, section 501 (Register of enterprises)
35 Local Government Act 1993, section 504 (Preparation and adoption of corporate
plan)
36 Local Government Act 1993, section 508 (Preparation and adoption of operational
plan)
37 Local Government Act 1993, section 513A (Preparation and adoption of revenue
policy)
38 Local Government Act 1993, section 518 (Adoption of budget and revenue
statement)
s 61 35 s 65
Local Government (Community Government Areas)
Act 2004
61 Budget for financial year ending 30 June 2006 1
A community government's budget for the financial year 2
ending 30 June 2006, or any amendment of the budget, is not 3
required to comply with the Local Government Act 1993, 4
sections 519(2) and 520.39 5
62 Content of annual report 6
A community government's annual report for a financial year 7
ending before 1 July 2007 need not contain the information 8
mentioned in the Local Government Act 1993, sections 533 9
and 534.40 10
63 Keeping register of regulatory fees 11
Despite the Local Government Act 1993, section 1071E(1),41 a 12
community government is not required to keep a register of its 13
regulatory fees until 1 July 2005. 14
64 Having corporate structure 15
Despite the Local Government Act 1993, section 1127(1), a 42
16
community government is not required to have a corporate 17
structure appropriate for the conduct of its affairs until 1 July 18
2005. 19
65 Deciding resources for staff 20
Despite the Local Government Act 1993, section 1128,43 a 21
community government is not required until 1 July 2005 to 22
39 Local Government Act 1993, sections 519 (Requirements of budgets) and 520
(Content of operating fund budgets)
40 Local Government Act 1993, sections 533 (Content of report about implementing
corporate and operational plans) and 534 (Content of report about other issues of
public interest)
41 Local Government Act 1993, section 1071E (Register of regulatory fees)
42 Local Government Act 1993, section 1127 (Corporate structure)
43 Local Government Act 1993, section 1128 (Resources for staff)
s 66 36 s 68
Local Government (Community Government Areas)
Act 2004
decide the resources to be allocated to the employment of 1
staff. 2
66 Keeping register of chief executive officer delegations 3
Despite the Local Government Act 1993, section 1132(3), a 44
4
community government's chief executive officer is not 5
required to keep a register of delegations until 1 July 2005. 6
67 Keeping registers of interests--employees 7
(1) Despite the Local Government Act 1993, section 1139(1), a 45
8
community government's mayor is not required to keep 9
registers of interests until 1 July 2005. 10
(2) Despite the Local Government Act 1993, section 1139(2), a 11
community government's chief executive officer is not 12
required to keep registers of interests until 1 July 2005. 13
68 Superannuation 14
(1) Despite the Local Government Act 1993, section 1181(2),46 an 15
employee of a community government is not required to be a 16
member of the scheme before 1 July 2005. 17
(2) Despite the Local Government Act 1993, section 1182(1),47 a 18
community government is not required to pay the scheme 19
yearly contributions for a permanent employee of the 20
community government for a period before 1 July 2005. 21
44 Local Government Act 1993, section 1132 (Delegation by chief executive officer)
45 Local Government Act 1993, section 1139 (Registers of interests)
46 Local Government Act 1993, section 1181 (Membership of scheme)
47 Local Government Act 1993, section 1182 (Local governments' liability for
permanent employees)
s 69 37 s 71
Local Government (Community Government Areas)
Act 2004
Division 2 Other transitional provisions 1
69 Definitions for div 2 2
In this division-- 3
Aboriginal council means an Aboriginal council under the 4
Aboriginal Communities (Justice and Land Matters) Act 1984 5
in existence immediately before the commencement. 6
commencement means commencement of this section. 7
70 Aboriginal council is continued in existence 8
(1) An Aboriginal council mentioned in schedule 3, column 1 is 9
continued in existence as the local government mentioned in 10
schedule 3, column 2 shown opposite the Aboriginal council. 11
(2) Sections 72 and 73 do not limit subsection (1). 12
71 References to Aboriginal council, council area, by-law or 13
subordinate by-law 14
(1) A reference in an Act or document to an Aboriginal council 15
mentioned in schedule 3, column 1 may, if the context 16
permits, be taken as a reference to the local government 17
mentioned in schedule 3, column 2 shown opposite the 18
Aboriginal council. 19
(2) A reference in an Act or document to the council area of an 20
Aboriginal council mentioned in schedule 3, column 1 may, if 21
the context permits, be taken as a reference to the local 22
government area of the local government mentioned in 23
schedule 3, column 2 shown opposite the Aboriginal council. 24
(3) A reference in an Act or document to a by-law of an 25
Aboriginal council mentioned in schedule 3, column 1 may, if 26
the context permits, be taken as a reference to a local law of 27
the local government mentioned in schedule 3, column 2 28
shown opposite the Aboriginal council. 29
(4) A reference in an Act or document to a subordinate by-law of 30
an Aboriginal council mentioned in schedule 3, column 1 31
may, if the context permits, be taken as a reference to a 32
s 72 38 s 73
Local Government (Community Government Areas)
Act 2004
subordinate local law of the local government mentioned in 1
schedule 3, column 2 shown opposite the Aboriginal council. 2
72 Assets and liabilities etc. 3
On the commencement-- 4
(a) the assets and liabilities of an Aboriginal council 5
mentioned in schedule 3, column 1 become assets and 6
liabilities of the local government mentioned in 7
schedule 3, column 2 shown opposite the Aboriginal 8
council; and 9
(b) any contracts entered into by or on behalf of an 10
Aboriginal council mentioned in schedule 3, column 1 11
and all guarantees, undertakings and securities given by 12
or on behalf of or to the Aboriginal council, in force 13
immediately before the commencement, are taken to 14
have been entered into or given by or to the local 15
government mentioned in schedule 3, column 2 shown 16
opposite the Aboriginal council and may be enforced 17
against or by the local government; and 18
(c) any property that, immediately before the 19
commencement, was held on trust, or subject to a 20
condition, by an Aboriginal council mentioned in 21
schedule 3, column 1 continues to be held by the local 22
government mentioned in schedule 3, column 2 shown 23
opposite the Aboriginal council on the same trust or 24
subject to the same condition. 25
73 Proceedings 26
A proceeding that could have been started or continued by or 27
against an Aboriginal council mentioned in schedule 3, 28
column 1 before the commencement may be started or 29
continued by or against the local government mentioned in 30
schedule 3, column 2 shown opposite the Aboriginal council. 31
s 74 39 s 77
Local Government (Community Government Areas)
Act 2004
74 Membership of new local government 1
From the commencement, a member of an Aboriginal council 2
mentioned in schedule 3, column 1 is taken to be a councillor 3
of the local government mentioned in schedule 3, column 2 4
shown opposite the Aboriginal council. 5
75 Mayor and deputy mayor of new local government 6
(1) From the commencement, the chairperson of an Aboriginal 7
council mentioned in schedule 3, column 1 is taken to be the 8
mayor of the local government mentioned in schedule 3, 9
column 2 shown opposite the Aboriginal council. 10
(2) From the commencement, the deputy chairperson of an 11
Aboriginal council mentioned in schedule 3, column 1 is 12
taken to be the deputy mayor of the local government 13
mentioned in schedule 3, column 2 shown opposite the 14
Aboriginal council. 15
76 Chief executive officer of new local government 16
From the commencement, the clerk of an Aboriginal council 17
mentioned in schedule 3, column 1 is taken to be the chief 18
executive officer of the local government mentioned in 19
schedule 3, column 2 shown opposite the Aboriginal council. 20
77 Local laws and subordinate local laws of new local 21
government 22
(1) A by-law of an Aboriginal council mentioned in schedule 3, 23
column 1, other than a by-law mentioned in repealed 24
section 166, is taken to be a local law of the local government 25
mentioned in schedule 3, column 2 shown opposite the 26
Aboriginal council. 27
(2) A subordinate by-law of an Aboriginal council mentioned in 28
schedule 3, column 1 is taken to be a subordinate local law of 29
the local government mentioned in schedule 3, column 2 30
shown opposite the Aboriginal council. 31
s 78 40 s 79
Local Government (Community Government Areas)
Act 2004
(3) A by-law made under repealed section 166, effective 1
immediately before the commencement, stops being effective 2
on the commencement. 3
(4) In this section-- 4
repealed section 166 means the Aboriginal Communities 5
(Justice and Land Matters) Act 1984, section 166 as in force 6
before its repeal by this Act. 7
78 Budget 8
The budget of an Aboriginal council mentioned in schedule 3, 9
column 1 for the financial year ending 30 June 2005 is taken 10
to be the budget of the local government mentioned in 11
schedule 3, column 2 shown opposite the Aboriginal council 12
for that financial year. 13
79 Adopted lending policy 14
(1) An adopted lending policy of an Aboriginal council 15
mentioned in schedule 3, column 1 is taken to be an adopted 16
lending policy under section 3848 of the local government 17
mentioned in schedule 3, column 2 shown opposite the 18
Aboriginal council. 19
(2) An adopted lending policy of an Aboriginal council 20
mentioned in schedule 3, column 1, that is approved under 21
repealed section 48 is taken to be approved under section 38 22
for the local government mentioned in schedule 3, column 2 23
shown opposite the Aboriginal council. 24
(3) In this section-- 25
adopted lending policy, of an Aboriginal council, means a 26
lending policy adopted by the Aboriginal council under 27
repealed section 48. 28
repealed section 48 means the Aboriginal Communities 29
(Justice and Land Matters) Act 1984, section 48 as in force 30
before its repeal by this Act. 31
48 Section 38 (Power of a community government to lend an amount to an adult
resident)
s 80 41 s 82
Local Government (Community Government Areas)
Act 2004
80 Decision, order or action with ongoing operation or effect 1
(1) A decision or order made, or other action taken, by or in 2
relation to an Aboriginal council mentioned in schedule 3, 3
column 1 that immediately before the commencement had an 4
ongoing operation or effect is taken to be a decision or order 5
made, or action taken, by or in relation to the local 6
government mentioned in schedule 3, column 2 shown 7
opposite the Aboriginal council. 8
(2) A person who immediately before the commencement was an 9
Aboriginal police officer under the Aboriginal Communities 10
(Justice and Land Matters) Act 1984 for a council area of an 11
Aboriginal council mentioned in schedule 3, column 1 is 12
taken to be an Aboriginal police officer under that Act for the 13
local government area of the local government mentioned in 14
schedule 3, column 2 shown opposite the Aboriginal council. 15
81 Resolution with ongoing operation or effect 16
(1) A resolution made by an Aboriginal council mentioned in 17
schedule 3, column 1 that immediately before the 18
commencement had an ongoing operation or effect is taken to 19
be a resolution properly made under the Local Government 20
Act 1993, or this Act, by the local government mentioned in 21
schedule 3, column 2 shown opposite the Aboriginal council. 22
(2) However, a resolution mentioned in subsection (1) authorising 23
the payment or provision of remuneration to a councillor of an 24
Aboriginal council stops having effect at the end of 30 June 25
2005. 26
82 Financial controller for Aboriginal council 27
(1) An appointment under repealed section 19 of a financial 28
controller for an Aboriginal council mentioned in schedule 3, 29
column 1, effective immediately before the commencement, is 30
taken to be an appointment under section 22 of a financial 31
controller for the local government mentioned in schedule 3, 32
column 2 shown opposite the Aboriginal council. 33
(2) In this section-- 34
s 83 42 s 84
Local Government (Community Government Areas)
Act 2004
repealed section 19 means the Aboriginal Communities 1
(Justice and Land Matters) Act 1984, section 19 as in force 2
before its repeal by this Act. 3
83 Administrator for Aboriginal council etc. 4
(1) An appointment under repealed section 22 of an administrator 5
for an Aboriginal council mentioned in schedule 3, column 1, 6
effective immediately before the commencement, is taken to 7
be an appointment under the Local Government Act 1993, 8
section 17849 of an administrator for the local government 9
mentioned in schedule 3, column 2 shown opposite the 10
Aboriginal council. 11
(2) A committee appointed under repealed section 25, in 12
existence immediately before the commencement, is taken to 13
be a committee appointed under the Local Government Act 14
1993, section 181.50 15
(3) In this section-- 16
repealed section 22 means the Aboriginal Communities 17
(Justice and Land Matters) Act 1984, section 22 as in force 18
before its repeal by this Act. 19
repealed section 25 means the Aboriginal Communities 20
(Justice and Land Matters) Act 1984, section 25 as in force 21
before its repeal by this Act. 22
84 Transitional regulation-making power 23
(1) A regulation (a transitional regulation) may make provision 24
of a saving or transitional nature for which-- 25
(a) it is necessary to make provision to allow or facilitate 26
the doing of anything to achieve the transition, under 27
this Act, of an Aboriginal council to the status of a local 28
government; and 29
(b) this Act does not make provision or sufficient provision. 30
49 Local Government Act 1993, section 178 (When administrator may be appointed)
50 Local Government Act 1993, section 181 (Committee to help administrator)
s 85 43 s 85
Local Government (Community Government Areas)
Act 2004
(2) A transitional regulation may have retrospective operation to a 1
day not earlier than the commencement. 2
(3) A transitional regulation must declare it is a transitional 3
regulation. 4
(4) This section and any transitional regulation expire 1 year after 5
the commencement. 6
Part 9 Amendment of Acts 7
85 Amendment of Community Services (Aborigines) Act 8
1984 9
(1) This section amends the Community Services (Aborigines) Act 10
1984. 11
(2) After section 187-- 12
insert-- 13
`188 Validation of declaration of council areas 14
`(1) It is declared that the Community Services (Aborigines) 15
Regulation 1998, section 64A and schedule 1A51 as in force 16
from time to time before the commencement of this section 17
are, and always were, under their terms effective as a valid 18
declaration of the parts of the State mentioned in column 1 of 19
that schedule to be the council areas mentioned in column 2 of 20
that schedule. 21
`(2) Without limiting subsection (1), it is immaterial that a part of 22
the State concerned was or is included in a local government 23
area under the Local Government Act 1993. 24
(3) A reference in that schedule to a deed of grant is, and always 25
was, a reference to the deed as originally issued. 26
`(4) This section applies for all purposes.'. 27
51 Community Services (Aborigines) Regulation 1998, section 64A (Declaration of
council areas--Act, s 39) and schedule 1A (Declaration of council areas)
s 86 44 s 86
Local Government (Community Government Areas)
Act 2004
86 Consequential and other amendments of Acts 1
Schedule 1 amends the Acts mentioned in it. 2
45
Local Government (Community Government Areas)
Act 2004
Schedule 1 Consequential and other 1
amendments of Acts 2
section 86 3
ABORIGINAL LAND ACT 1991 4
1 Section 3, definition Aboriginal council-- 5
omit. 6
2 Section 35(1)(a), `an Aboriginal council'-- 7
omit, insert-- 8
`a community government under the Local Government 9
(Community Government Areas) Act 2004'. 10
3 Section 35(4), `Aboriginal council'-- 11
omit, insert-- 12
`community government'. 13
ABORIGINES AND TORRES STRAIT ISLANDERS 14
(LAND HOLDING) ACT 1985 15
1 Section 4(1), definition Aboriginal council-- 16
omit. 17
2 Section 4(1)-- 18
insert-- 19
46
Local Government (Community Government Areas)
Act 2004
Schedule 1 (continued)
`Aboriginal council means a community government under 1
the Local Government (Community Government Areas) Act 2
2004. 3
council area see the Community Services (Torres Strait) Act 4
1984, section 4.'. 5
3 Section 4(1), definition qualified person, paragraph (a), 6
`Community Services (Aborigines) Act 1984'-- 7
omit, insert-- 8
`Aboriginal Communities (Justice and Land Matters) Act 1984'. 9
4 Section 10(4), after `Upon land'-- 10
insert-- 11
`within a council area'. 12
5 Section 10(4)(c), from `application' to `be,'-- 13
omit, insert-- 14
`application of'. 15
6 Section 10(4), `the Aboriginal council or'-- 16
omit. 17
7 Section 29(1), `Community Services (Aborigines) Act 18
1984'-- 19
omit, insert-- 20
`Aboriginal Communities (Justice and Land Matters) Act 1984'. 21
8 Section 32(1), `land or land and improvements'-- 22
omit, insert-- 23
`land, or land and improvements, within a council area'. 24
47
Local Government (Community Government Areas)
Act 2004
Schedule 1 (continued)
9 Section 32(1)(c), from `application' to `be,'-- 1
omit, insert-- 2
`application of'. 3
10 Section 32(1), `the Aboriginal council or'-- 4
omit. 5
ACTS INTERPRETATION ACT 1954 6
1 Section 36, definition Aboriginal local government-- 7
omit. 8
2 Section 36, definition additional territorial unit, `an 9
Aboriginal,'-- 10
omit, insert-- 11
`a'. 12
3 Section 36, definition area, paragraph (a), `an 13
Aboriginal,'-- 14
omit, insert-- 15
`a'. 16
4 Section 36, definition basic territorial unit, `an 17
Aboriginal,'-- 18
omit, insert-- 19
`a'. 20
48
Local Government (Community Government Areas)
Act 2004
Schedule 1 (continued)
5 Section 36, definition local government, paragraph (c)-- 1
omit, insert-- 2
`(c) a Torres Strait Islander local government.'. 3
6 Section 36, definition territorial unit, paragraph (a), `an 4
Aboriginal or'-- 5
omit, insert-- 6
`a'. 7
COASTAL PROTECTION AND MANAGEMENT ACT 8
1995 9
1 Schedule, definition local government area, paragraph 10
(b), `the Community Services (Aborigines) Act 1984 or'-- 11
omit. 12
COMMUNITY SERVICES (ABORIGINES) ACT 1984 13
1 Long title, from `support'-- 14
omit, insert-- 15
`law and order in, the establishment of community justice 16
groups for, and the regulation of alcohol possession and 17
consumption in, community government areas, and entry on 18
trust areas, and for other purposes'. 19
2 Section 1-- 20
omit, insert-- 21
49
Local Government (Community Government Areas)
Act 2004
Schedule 1 (continued)
`1 Short title 1
`This Act may be cited as the Aboriginal Communities 2
(Justice and Land Matters) Act 1984.'. 3
3 Section 3(1) to (4)-- 4
omit. 5
4 Section 3(5) to (11)-- 6
renumber as section 3(1) to (7). 7
5 Section 3(4), as renumbered, `(7)'-- 8
omit, insert-- 9
`(3)'. 10
6 Section 4, definitions Aboriginal Council Accounting 11
Standards, advertised proposed by-law, amended 12
proposed by-law, by-laws, certified copy, consultation 13
period, council area, drafting certificate, model by-law, 14
notional GST, proposed authorising law, proposed 15
by-law, required number, State interest and subordinate 16
by-law-- 17
omit. 18
7 Section 4-- 19
insert-- 20
`ACC, for part 13, division 3, see section 185. 21
commencement, for part 13, see section 183. 22
community government see the Local Government 23
(Community Government Areas) Act 2004, schedule 4. 24
community government area see the Local Government 25
(Community Government Areas) Act 2004, schedule 4. 26
50
Local Government (Community Government Areas)
Act 2004
Schedule 1 (continued)
local law see the Local Government Act 1993, schedule. 1
native title holder, for part 7, see section 114. 2
native title rights and interests, for part 7, see section 114. 3
repealed part 8, for part 13, division 3, see section 185. 4
trust area, for part 7, see section 114.'. 5
8 Section 4, definitions Aboriginal police officer, 6
community area and police officer in charge, `council'-- 7
omit, insert-- 8
`community government'. 9
9 Section 4, definition community council, `an Aboriginal 10
council'-- 11
omit, insert-- 12
`a community government'. 13
10 Sections 5 and 6-- 14
omit. 15
11 Sections 10 to 14-- 16
omit, insert-- 17
`11 Delegation by Minister or chief executive 18
`(1) The Minister or chief executive may delegate his or her 19
powers under this Act to an appropriately qualified officer of 20
the department. 21
`(2) In this section-- 22
appropriately qualified, in relation to a power, includes 23
having the qualifications, experience or standing appropriate 24
to exercise the power. 25
51
Local Government (Community Government Areas)
Act 2004
Schedule 1 (continued)
1
Example of standing--
2
a person's classification level in the public service'.
12 Part 3-- 3
omit. 4
13 Part 4 heading-- 5
omit, insert-- 6
`Part 4 Law and order in community 7
government areas'. 8
14 Part 4, divisions 1, 2 and 4-- 9
omit. 10
15 Part 4, division 3 heading, before `areas'-- 11
insert-- 12
`community government'. 13
16 Sections 73(3) and 77(1), `the Aboriginal council'-- 14
omit, insert-- 15
`the community government'. 16
17 Sections 73(3) and 78, `by-laws'-- 17
omit, insert-- 18
`local laws'. 19
52
Local Government (Community Government Areas)
Act 2004
Schedule 1 (continued)
18 Sections 73 to 78, `council area'-- 1
omit, insert-- 2
`community government area'. 3
19 Sections 74(b), `an Aboriginal council'-- 4
omit, insert-- 5
`a community government'. 6
20 Sections 74(b) and 77(1), `by-law'-- 7
omit, insert-- 8
`local law'. 9
21 Section 74 heading and section 75, `council areas'-- 10
omit, insert-- 11
`community government areas'. 12
22 Sections 76(2) and 78, `An Aboriginal council'-- 13
omit, insert-- 14
`A community government'. 15
23 Section 76(2), `, with the Minister's approval,'-- 16
omit. 17
24 Section 76(2), `the council'-- 18
omit, insert-- 19
`the community government'. 20
53
Local Government (Community Government Areas)
Act 2004
Schedule 1 (continued)
25 Section 76-- 1
insert-- 2
`(3) A person appointed under subsection (2) must have the 3
qualifications prescribed under a regulation. 4
`(4) Subsection (3) does not limit the issues the community 5
government may consider when deciding whether to appoint 6
someone under subsection (2). 7
`(5) In this section-- 8
qualifications includes knowledge, skills and experience.'. 9
26 Section 77(4), `they shall'-- 10
omit, insert-- 11
`, the Aboriginal police officers must'. 12
27 Section 84(1), `An Aboriginal council'-- 13
omit, insert-- 14
`A community government'. 15
28 Section 84(1), `the council'-- 16
omit, insert-- 17
`the community government'. 18
29 Sections 84(2) and 85, `by-laws'-- 19
omit, insert-- 20
`local laws'. 21
30 Section 84(3), `Aboriginal council'-- 22
omit, insert-- 23
`community government'. 24
54
Local Government (Community Government Areas)
Act 2004
Schedule 1 (continued)
31 Sections 84 and 85, `council area'-- 1
omit, insert-- 2
`community government area'. 3
32 Section 90(3)(d), `97'-- 4
omit, insert-- 5
`93'. 6
33 Parts 7 to 10-- 7
omit, insert-- 8
`Part 7 Entry on trust areas 9
`114 Definitions for pt 7 10
`In this part-- 11
native title holder see the Native Title Act 1993 (Cwlth), 12
section 224. 13
native title rights and interests see the Native Title Act 1993 14
(Cwlth), section 223. 15
trust area means land within a community government area 16
that is-- 17
(a) granted in trust under the Land Act 1994 for the benefit 18
of Aboriginal inhabitants or for Aboriginal purposes; or 19
(b) a reserve for Aboriginal purposes under the Land Act 20
1994; or 21
(c) land mentioned in paragraph (a) or (b) that has become 22
Aboriginal land. 23
55
Local Government (Community Government Areas)
Act 2004
Schedule 1 (continued)
`115 Entry on trust area only in certain circumstances 1
`A person must not enter, or be in, a trust area other than as 2
permitted under this part. 3
Maximum penalty--35 penalty units. 4
`116 Entry on trust area etc. by non-residents 5
`(1) A person may, for a lawful purpose, enter and be in a place 6
within a trust area if-- 7
(a) the place is an accessible place; or 8
(b) the place is another place that the community 9
government for the trust area has decided, by resolution, 10
is a place to which persons who are not residents of the 11
trust area may have access. 12
`(2) Without limiting subsection (1), a person may enter and be in 13
a place within a trust area that a resident of the trust area may 14
enter and be in if the person enters or is in the place as a guest, 15
or at the request of, a resident of the trust area. 16
`(3) Despite subsection (1)(a), if immediately before the 17
commencement of this section, a native title holder could have 18
entered and been in a place within a trust area in the exercise 19
of the holder's native title rights and interests in relation to the 20
place, the holder may continue to enter and be in the place in 21
the exercise of the rights and interests. 22
`(4) A resolution may be made under subsection (1)(b) for a place 23
that is Aboriginal land only with the written consent of the 24
grantee of the land. 25
`(5) In this section-- 26
accessible place means-- 27
(a) a road; or 28
(b) a park; or 29
(c) a boat ramp or landing; or 30
(d) an airport; or 31
56
Local Government (Community Government Areas)
Act 2004
Schedule 1 (continued)
(e) a building open to the public, whether or not on payment 1
of money. 2
airport includes-- 3
(a) an aerodrome, airfield and landing strip; and 4
(b) another place used for the landing or parking of aircraft; 5
and 6
(c) a tarmac. 7
landing includes jetty, pontoon and wharf. 8
road includes a State-controlled road under the Transport 9
Infrastructure Act 1994. 10
`117 Notice about resolution 11
`(1) A community government must, as soon as practicable after 12
passing a resolution under section 116(1)(b), display written 13
notice of the resolution in at least 1 prominent place in its trust 14
area for as long as the resolution is in force. 15
`(2) The notice must-- 16
(a) sufficiently identify the place the subject of the 17
resolution; and 18
(b) state the provisions of section 116. 19
`118 Community government may impose restrictions on 20
entry etc. 21
`(1) Subject to subsection (2), a community government for a trust 22
area may, by resolution-- 23
(a) restrict the number of persons who may enter and be in a 24
place within the trust area under section 116(1)(b) or 25
(2); or 26
(b) restrict the time for which a person may live at a place 27
within the trust area under section 116(1)(b) or (2). 28
`(2) A community government may make a resolution under 29
subsection (1) only if the presence of the persons has resulted, 30
57
Local Government (Community Government Areas)
Act 2004
Schedule 1 (continued)
or is likely to result, in an unsustainable use of resources or 1
services in the area including, for example, the water supply 2
or garbage service. 3
`119 General authority to enter etc. trust area 4
`(1) The following persons are authorised to enter, be in and live in 5
a trust area-- 6
(a) an Aboriginal person, or another person, who is a 7
member of the community residing in the trust area; 8
(b) a person who is performing a function, or exercising a 9
power, under this Act or another Act that requires the 10
person to be in the trust area; 11
(c) a person authorised, for the purpose of this paragraph, 12
under a local law by the community government for the 13
trust area. 14
`(2) A local law may be made under subsection (1)(c) for a part of 15
the trust area that is Aboriginal land only with the written 16
consent of the grantee of the land. 17
`(3) A local law made under subsection (1)(c) must state the parts 18
of the trust area to which the local law applies. 19
`120 Entry on and temporary stay in trust area 20
`Without limiting section 119, the following persons are 21
authorised to enter, be in and live in a trust area until the 22
purpose of their entry to the area is fulfilled-- 23
(a) the Governor-General and the Governor for Queensland; 24
(b) a person whose purpose in the trust area is to bring to 25
residents of the trust area medical aid; 26
(c) a person whose purpose in the trust area is to instruct 27
himself or herself on affairs within the trust area as a 28
member of the Legislative Assembly of Queensland or 29
of either House of the Parliament of the 30
Commonwealth; 31
58
Local Government (Community Government Areas)
Act 2004
Schedule 1 (continued)
(d) a person whose purpose in the trust area is to campaign 1
as a candidate for election to the Legislative Assembly 2
of Queensland or either House of the Parliament of the 3
Commonwealth at an election for which a writ that 4
requires its holding has been issued; 5
(e) a person who is assisting, or is acting under the direction 6
or control of, a person mentioned in paragraphs (a) to 7
(d), while the person mentioned in the paragraph is in 8
the trust area. 9
`121 Removal from trust area 10
`(1) A police officer or Aboriginal police officer may remove from 11
a trust area a person who is not permitted under this part to be 12
in the trust area. 13
`(2) It is lawful for an Aboriginal police officer exercising or 14
attempting to exercise a power under subsection (1) against a 15
person, and anyone helping the Aboriginal police officer, to 16
use reasonably necessary force to exercise the power.52 17
`(3) The force an Aboriginal police officer may use under this 18
section does not include force likely to cause grievous bodily 19
harm to a person or the person's death.'. 20
34 Section 170(1), `both the chief executive and the 21
Aboriginal Industries Board are'-- 22
omit, insert-- 23
`the chief executive is'. 24
35 Section 170(3)-- 25
omit, insert-- 26
52 See also the Police Powers and Responsibilities Act 2000, section 376 (Power to use
force against individuals).
59
Local Government (Community Government Areas)
Act 2004
Schedule 1 (continued)
`(3) The banker must deposit money received by the banker under 1
subsection (1) in-- 2
(a) the trust fund established as at the commencement of 3
this Act with the Commonwealth Savings Bank of 4
Australia; or 5
(b) another trust fund established by the banker for 6
depositing the money.'. 7
36 Sections 174, 175 and 180, `council area'-- 8
omit, insert-- 9
`community government area'. 10
37 Section 175(2), `An Aboriginal council'-- 11
omit, insert-- 12
`A community government'. 13
38 Section 175, `the Aboriginal council'-- 14
omit, insert-- 15
`the community government'. 16
39 Section 176(1), `an Aboriginal council's council area'-- 17
omit, insert-- 18
`a community government area of a community government'. 19
40 Section 176(3), `an Aboriginal council'-- 20
omit, insert-- 21
`a community government'. 22
60
Local Government (Community Government Areas)
Act 2004
Schedule 1 (continued)
41 Section 176, `council's area'-- 1
omit, insert-- 2
`community government area of the community government'. 3
42 Section 176, `the council'-- 4
omit, insert-- 5
`the community government'. 6
43 Section 179-- 7
omit, insert-- 8
`179 Making of local laws about particular matters 9
`Without limiting the functions and powers of a community 10
government, a community government may make local 11
laws-- 12
(a) not inconsistent with part 6,53 for the purpose of 13
regulating and controlling the possession or 14
consumption of alcohol in its community government 15
area; or 16
(b) conferring functions on the community justice group for 17
its community government area.'. 18
44 Section 182(b) to (m), (r), (s), (za) to (zf), (zj) and (zk)-- 19
omit. 20
45 Section 182(t), `Aboriginal councils or'-- 21
omit. 22
53 Part 6 (Control of possession and consumption of alcohol in community areas)
61
Local Government (Community Government Areas)
Act 2004
Schedule 1 (continued)
46 Section 182(v), from `council area' to `established'-- 1
omit, insert-- 2
`community government area of a community government'. 3
47 Section 182(w), `or the Aboriginal Industries Board'-- 4
omit. 5
48 Section 182, from `The Governor' to `respect to--'-- 6
omit, insert-- 7
`(1) The Governor in Council may make regulations under this 8
Act. 9
`(2) Without limiting subsection (1), a regulation may be made 10
about the following--'. 11
49 Parts 13 and 14-- 12
omit, insert-- 13
`Part 13 Transitional provisions for 14
Local Government (Community 15
Government Areas) Act 2004 16
`Division 1 Preliminary 17
`183 Definition for pt 13 18
`In this part-- 19
commencement means commencement of this section. 20
62
Local Government (Community Government Areas)
Act 2004
Schedule 1 (continued)
`Division 2 Transitional provision for process 1
for making by-laws or subordinate 2
by-laws 3
`184 Making by-law or subordinate by-law 4
`(1) This section applies if-- 5
(a) before the commencement, an Aboriginal council had 6
under repealed part 7 started the process of making a 7
by-law or subordinate by-law under that part; and 8
(b) immediately before the commencement, the process for 9
making the by-law or subordinate by-law had not 10
finished. 11
`(2) Despite the repeal of repealed part 7, that part and any other 12
provisions necessary for the operation of that part continue to 13
apply to the making of the by-law or subordinate by-law as if 14
that part had not been repealed. 15
`(3) In this section-- 16
Aboriginal council means an Aboriginal council under this 17
Act in existence immediately before the commencement. 18
repealed part 7 means part 7 of this Act as in force before its 19
repeal by the Local Government (Community Government 20
Areas) Act 2004. 21
`Division 3 Transitional provisions for 22
Aboriginal Coordinating Council 23
`185 Definitions for div 3 24
`In this division-- 25
ACC means the Aboriginal Coordinating Council established 26
under repealed part 8. 27
63
Local Government (Community Government Areas)
Act 2004
Schedule 1 (continued)
repealed part 8 means part 8 of this Act as in force before its 1
repeal by the Local Government (Community Government 2
Areas) Act 2004. 3
`186 ACC dissolved 4
`ACC is dissolved and its members go out of office. 5
`186A References to ACC 6
`A reference in an Act or document to ACC may, if the 7
context permits, be taken as a reference to the State. 8
`186B Agreements and proceedings 9
`(1) An agreement, in force immediately before the 10
commencement, between ACC and another entity is taken to 11
be an agreement between the State and the entity. 12
`(2) A proceeding that could have been started or continued by or 13
against ACC before the commencement may be started or 14
continued by or against the State. 15
`186C Assets and liabilities 16
`On the commencement, an asset or liability of ACC 17
immediately before the commencement becomes an asset or 18
liability of the State.'. 19
50 Section 187-- 20
omit. 21
51 At the end-- 22
insert-- 23
64
Local Government (Community Government Areas)
Act 2004
Schedule 1 (continued)
`Part 16 Provision for reprinting Act 1
`189 Numbering and renumbering of Act 2
`In the next reprint of this Act produced under the Reprints 3
Act 1992, the provisions of this Act must be numbered and 4
renumbered as permitted by the Reprints Act 1992, 5
section 43.'. 6
COMMUNITY SERVICES (TORRES STRAIT) ACT 1984 7
1 Section 4, definition corporation, `Community Services 8
(Aborigines) Act 1984'-- 9
omit, insert-- 10
`Aboriginal Communities (Justice and Land Matters) Act 1984'. 11
2 Section 7, `Community Services (Aborigines) Act 1984'-- 12
omit, insert-- 13
`Aboriginal Communities (Justice and Land Matters) Act 1984'. 14
3 Section 37(2)(b)(i)-- 15
omit. 16
4 Section 37(2)(b)(ii) and (iii)-- 17
renumber as section 37(2)(b)(i) and (ii). 18
65
Local Government (Community Government Areas)
Act 2004
Schedule 1 (continued)
CRIMINAL CODE 1
1 Section 552C(5)(a), `trust area under the Community 2
Services (Aborigines) Act 1984 and'-- 3
omit, insert-- 4
`community government area under the Local Government 5
(Community Government Areas) Act 2004 or council area under 6
the'. 7
DOMESTIC AND FAMILY VIOLENCE PROTECTION 8
ACT 1989 9
1 Section 50(3), example 4, `an Aboriginal local 10
government'-- 11
omit, insert-- 12
`a community government under the Local Government (Community 13
14
Government Areas) Act 2004'.
ELECTORAL ACT 1992 15
1 Section 152(2)(a)(iv)-- 16
omit, insert-- 17
`(iv) the Local Government (Community Government 18
Areas) Act 2004; or'. 19
66
Local Government (Community Government Areas)
Act 2004
Schedule 1 (continued)
FINANCIAL ADMINISTRATION AND AUDIT ACT 1977 1
1 Schedule 3, definition appropriate Minister, paragraph (c), 2
`, the Community Services (Aborigines) Act 1984'-- 3
omit. 4
FREEDOM OF INFORMATION ACT 1992 5
1 Section 7, definition responsible Minister, paragraph (c), 6
`, the Community Services (Aborigines) Act 1984'-- 7
omit. 8
HOUSING ACT 2003 9
1 Section 21(c) and (d)-- 10
omit. 11
2 Section 21(e) to (g)-- 12
renumber as section 21(c) to (e). 13
3 Section 38, `21(b) to (f)'-- 14
omit, insert-- 15
`21(b) to (d)'. 16
4 Schedule 3, definitions Aboriginal Coordinating Council 17
and Aboriginal council-- 18
omit. 19
67
Local Government (Community Government Areas)
Act 2004
Schedule 1 (continued)
INDIGENOUS COMMUNITIES LIQUOR LICENCES ACT 1
2002 2
1 Schedule, definition community justice group-- 3
omit, insert-- 4
`community justice group means a community justice group 5
established under the Aboriginal Communities (Justice and 6
Land Matters) Act 1984, part 5 or the Community Services 7
(Torres Strait) Act 1984, part 5.'. 8
2 Schedule, definition indigenous council, paragraph (a)-- 9
omit, insert-- 10
`(a) a community government under the Local Government 11
(Community Government Areas) Act 2004; or'. 12
INTEGRATED PLANNING ACT 1997 13
1 Schedule 10, definition local government area, 14
paragraph (b), `the Community Services (Aborigines) Act 15
1984 or'-- 16
omit. 17
JUVENILE JUSTICE ACT 1992 18
1 Section 49(2)(b), `part 1, division 4'-- 19
omit, insert-- 20
`part 4'. 21
68
Local Government (Community Government Areas)
Act 2004
Schedule 1 (continued)
2 Section 150(5), definition community justice group, 1
paragraph (a), `Community Services (Aborigines) Act 2
1984'-- 3
omit, insert-- 4
`Aboriginal Communities (Justice and Land Matters) Act 1984'. 5
3 Part 11, division 3, subdivision 9 heading-- 6
omit. 7
LIQUOR ACT 1992 8
1 Section 4, definition Aboriginal police officer, 9
paragraph (a), `Community Services (Aborigines) Act 10
1984'-- 11
omit, insert-- 12
`Aboriginal Communities (Justice and Land Matters) Act 1984'. 13
2 Section 4, definition community justice group-- 14
omit, insert-- 15
`community justice group means a community justice group 16
established under the Aboriginal Communities (Justice and 17
Land Matters) Act 1984, part 5 or the Community Services 18
(Torres Strait) Act 1984, part 5.'. 19
3 Section 4, definition Council-- 20
omit, insert-- 21
`Council means-- 22
(a) a community government under the Local Government 23
(Community Government Areas) Act 2004; or 24
69
Local Government (Community Government Areas)
Act 2004
Schedule 1 (continued)
(b) an Island council under the Community Services (Torres 1
Strait) Act 1984; or 2
(c) the Council of the Shire of Aurukun; or 3
(d) the Council of the Shire of Mornington.'. 4
4 Section 4, definition prescribed provision, 5
paragraph (a)-- 6
omit, insert-- 7
`(a) the Aboriginal Communities (Justice and Land Matters) 8
Act 1984, section 103; or'. 9
5 Section 176(2)(e)-- 10
omit, insert-- 11
`(e) the place is a public place under the Aboriginal 12
Communities (Justice and Land Matters) Act 1984, 13
part 6,54 or the Community Services (Torres Strait) Act 14
1984, part 6,55 that has been declared under that part as a 15
dry place.'. 16
LOCAL GOVERNMENT (ABORIGINAL LANDS) ACT 17
1978 18
1 Section 2, definition Aboriginal council-- 19
omit. 20
54 Aboriginal Communities (Justice and Land Matters) Act 1984, part 6 (Control of
possession and consumption of alcohol in community areas)
55 Community Services (Torres Strait) Act 1984, part 6 (Control of possession and
consumption of alcohol in council areas)
70
Local Government (Community Government Areas)
Act 2004
Schedule 1 (continued)
2 Section 2, definition liquor provisions, paragraph (a)-- 1
omit, insert-- 2
`(a) the Aboriginal Communities (Justice and Land Matters) 3
Act 1984, section 103;56 and'. 4
3 Part 2 heading `Incorporation of Aboriginal councils 5
and'-- 6
omit. 7
4 Sections 14(1)(b) and 17(e), `Community Services 8
(Aborigines) Act 1984'-- 9
omit, insert-- 10
`Aboriginal Communities (Justice and Land Matters) Act 1984'. 11
LOCAL GOVERNMENT ACT 1993 12
1 Chapter 1, part 6 heading, `Aboriginal and'-- 13
omit. 14
2 Sections 13 and 14, `an Aboriginal or Torres'-- 15
omit, insert-- 16
`a Torres'. 17
56 Aboriginal Communities (Justice and Land Matters) Act 1984, section 103
(Possession or consumption of alcohol in or on dry place)
71
Local Government (Community Government Areas)
Act 2004
Schedule 1 (continued)
3 Section 13(4), `the Aboriginal or'-- 1
omit, insert-- 2
`the'. 3
4 Section 14 heading and sections 40, 56, 190 and 1193C, 4
`Aboriginal and'-- 5
omit. 6
5 Section 14(a)(iii), `Aboriginal Council or'-- 7
omit. 8
6 Section 60ZB(1)-- 9
omit, insert-- 10
`(1) This section applies if-- 11
(a) the Legislative Assembly ratifies the dissolution of 12
Townsville or Thuringowa City Council under 13
section 164(1); and 14
(b) an administrator of the council is appointed.'. 15
7 Section 164(3)-- 16
omit, insert-- 17
`(3) If the Legislative Assembly ratifies the dissolution of the local 18
government under subsection (1)-- 19
(a) the local government's councillors go out of office; and 20
(b) the local government continues in existence as a body 21
corporate and continues to be constituted by the local 22
government's administrator.'. 23
8 Section 178-- 24
omit, insert-- 25
72
Local Government (Community Government Areas)
Act 2004
Schedule 1 (continued)
`178 When administrator must be appointed 1
`(1) If a regulation is made under section 164(1) dissolving a local 2
government, the Governor in Council must appoint a person 3
as administrator of the local government. 4
`(2) Notification of the appointment must be given by gazette 5
notice. 6
`(3) On the appointment, the local government is constituted by 7
the administrator.'. 8
9 Section 187(2), from `appointment'-- 9
omit, insert-- 10
`Legislative Assembly ratifies the dissolution of the local 11
government under section 164(1).'. 12
10 Section 191(3)(b)-- 13
omit, insert-- 14
`(b) 1 person with knowledge of-- 15
(i) local government in relation to community 16
government areas; and 17
(ii) Torres Strait Islander local government; and'. 18
11 Section 227(5)(b)-- 19
omit, insert-- 20
`(b) the Legislative Assembly ratifies the dissolution of the 21
applicable local government under section 164(1); or'. 22
12 Section 408(1), `local government is dissolved under 23
section 164'-- 24
omit, insert-- 25
`Legislative Assembly ratifies the dissolution of the local 26
government under section 164(1)'. 27
73
Local Government (Community Government Areas)
Act 2004
Schedule 1 (continued)
13 Section 408(4)-- 1
omit, insert-- 2
`(4) A direction under subsection (1) may be given only after the 3
ratification of the dissolution. 4
`(5) A direction under subsection (2) may be given at the time the 5
action mentioned in that subsection is taken or at a later 6
time.'. 7
14 Section 1171(3) and (4)-- 8
renumber as section 1171(4) and (5). 9
15 Section 1171-- 10
insert-- 11
`(3) Also, a person employed by a local government under a 12
Commonwealth funded community development project for 13
Aborigines or Torres Strait Islanders is not a permanent 14
employee.'. 15
16 Schedule, definition Aboriginal local government-- 16
omit. 17
OMBUDSMAN ACT 2001 18
1 Schedule 3, definition responsible Minister, 19
paragraph (c)-- 20
omit. 21
74
Local Government (Community Government Areas)
Act 2004
Schedule 1 (continued)
2 Schedule 3, definition responsible Minister, 1
paragraphs (d) to (g)-- 2
renumber as paragraphs (c) to (f). 3
PENALTIES AND SENTENCES ACT 1992 4
1 Section 6(1)-- 5
omit, insert-- 6
`(1) Subject to the Community Services (Torres Strait) Act 1984, 7
this Act does not apply to an Island Court constituted under 8
that Act.'. 9
2 Section 9(8), definition community justice group, 10
paragraph (a)-- 11
omit, insert-- 12
`(a) a community justice group established under the 13
Aboriginal Communities (Justice and Land Matters) Act 14
1984, part 5, division 1, or the Community Services 15
(Torres Strait) Act 1984, part 5, division 1, for the 16
offender's community; or'. 17
POLICE POWERS AND RESPONSIBILITIES ACT 2000 18
1 Section 44A(1)(a)(ii)-- 19
omit, insert-- 20
75
Local Government (Community Government Areas)
Act 2004
Schedule 1 (continued)
`(ii) the Aboriginal Communities (Justice and Land 1
Matters) Act 1984, section 103 or 112A(c) or 2
(d);57'. 3
2 Section 51(6), definition liquor provision, paragraphs (b) 4
and (c)-- 5
omit, insert-- 6
`(b) the Aboriginal Communities (Justice and Land Matters) 7
Act 1984, section 103 or 112A;58 8
(c) the Community Services (Torres Strait) Act 1984, 9
section 101 or 110A.59'. 10
3 Section 366, from `in the' to `or'-- 11
omit, insert-- 12
`in the community government area or'. 13
4 Schedule 1, `Community Services (Aborigines) Act 14
1984'-- 15
omit, insert-- 16
`Aboriginal Communities (Justice and Land Matters) Act 1984'. 17
57 Aboriginal Communities (Justice and Land Matters) Act 1984, section 103
(Possession or consumption of alcohol in or on dry place) or 112A (Offences
relating to homemade alcohol)
58 Aboriginal Communities (Justice and Land Matters) Act 1984, section 103
(Possession or consumption of alcohol in or on dry place) or 112A (Offences
relating to homemade alcohol)
59 Community Services (Torres Strait) Act 1984, section 101 (Possession or
consumption of alcohol in or on dry place) or 110A (Offences relating to homemade
alcohol)
76
Local Government (Community Government Areas)
Act 2004
Schedule 1 (continued)
5 Schedule 4-- 1
insert-- 2
`community government area see the Local Government 3
(Community Government Areas) Act 2004, schedule 4.'. 4
6 Schedule 4, definition aboriginal police officer, 5
`Community Services (Aborigines) Act 1984'-- 6
omit, insert-- 7
`Aboriginal Communities (Justice and Land Matters) Act 1984'. 8
PUBLIC SECTOR ETHICS ACT 1994 9
1 Schedule, definition local government legislation, 10
paragraph (a), `· Community Services (Aborigines) Act 11
1984'-- 12
omit. 13
RESIDENTIAL TENANCIES ACT 1994 14
1 Section 251(1)(a)(i)-- 15
omit, insert-- 16
`(i) a community government under the Local 17
Government (Community Government Areas) Act 18
2004; or'. 19
77
Local Government (Community Government Areas)
Act 2004
Schedule 1 (continued)
VALUATION OF LAND ACT 1944 1
1 Section 2, definition area, `an Aboriginal'-- 2
omit, insert-- 3
`a community government under the Local Government 4
(Community Government Areas) Act 2004'. 5
78
Local Government (Community Government Areas)
Act 2004
Schedule 2 Declaration of new local 1
government areas 2
sections 7 and 8 3
Column 1 Column 2 Column 3 Column 4
Map New local Class Local government
government area
LGB151 Cherbourg Shire Cherbourg Shire
edition 1 Council
LGB152 Doomadgee Shire Doomadgee Shire
edition 1 Council
LGB153 Hope Vale Shire Hope Vale Shire
edition 1 Council
LGB154 Injinoo Shire Injinoo Shire
edition 1 Council
LGB155 Kowanyama Shire Kowanyama Shire
edition 1 Council
LGB156 Lockhart River Shire Lockhart River
edition 1 Shire Council
LGB157 Mapoon Shire Mapoon Shire
edition 1 Council
LGB158 Napranum Shire Napranum Shire
edition 1 Council
LGB159 New Mapoon Shire New Mapoon
edition 1 Shire Council
LGB160 Palm Island Shire Palm Island Shire
edition 1 Council
LGB161 Pormpuraaw Shire Pormpuraaw Shire
edition 1 Council
LGB162 Umagico Shire Umagico Shire
edition 1 Council
79
Local Government (Community Government Areas)
Act 2004
Schedule 2 (continued)
Column 1 Column 2 Column 3 Column 4
Map New local Class Local government
government area
LGB163 Woorabinda Shire Woorabinda Shire
edition 1 Council
LGB164 Wujal Wujal Shire Wujal Wujal Shire
edition 1 Council
LGB165 Yarrabah Shire Yarrabah Shire
edition 1 Council
80
Local Government (Community Government Areas)
Act 2004
Schedule 3 Local governments that 1
Aboriginal councils become 2
sections 70 to 83 3
Column 1 Column 2
Aboriginal council Local government
Cherbourg Aboriginal Council Cherbourg Shire Council
Doomadgee Aboriginal Council Doomadgee Shire Council
Hope Vale Aboriginal Council Hope Vale Shire Council
Injinoo Aboriginal Council Injinoo Shire Council
Kowanyama Aboriginal Council Kowanyama Shire Council
Lockhart River Aboriginal Council Lockhart River Shire Council
Mapoon Aboriginal Council Mapoon Shire Council
Napranum Aboriginal Council Napranum Shire Council
New Mapoon Aboriginal Council New Mapoon Shire Council
Palm Island Aboriginal Council Palm Island Shire Council
Pormpuraaw Aboriginal Council Pormpuraaw Shire Council
Umagico Aboriginal Council Umagico Shire Council
Woorabinda Aboriginal Council Woorabinda Shire Council
Wujal Wujal Aboriginal Council Wujal Wujal Shire Council
Yarrabah Aboriginal Council Yarrabah Shire Council
81
Local Government (Community Government Areas)
Act 2004
Schedule 4 Dictionary 1
section 3 2
Aboriginal council, for part 8, division 2, see section 69. 3
approved form means a form approved by the chief executive 4
under section 51. 5
authorised person, for part 4, division 3, see section 33. 6
authorised powers, for part 4, division 3, see section 33. 7
column 1 area map, for part 2, division 1, see section 6. 8
commencement, for part 8, division 2, see section 69. 9
community government means the local government for a 10
community government area. 11
community government area means-- 12
(a) a part of the State declared under section 7 to be a local 13
government area under the Local Government Act 1993; 14
or 15
(b) if the external boundaries of the local government area 16
are, after the commencement of section 7, changed 17
under the Local Government Act 1993--the local 18
government area, as changed. 19
Community Government Finance Standards see 20
section 30(1). 21
local government means a local government under the Local 22
Government Act 1993. 23
local services committee see section 41(1). 24
notice means written notice. 25
reviewable community government matter, for part 3, see 26
section 12. 27
© State of Queensland 2004
AMENDMENTS TO BILL
1
Local Government (Community Government Areas)
Bill 2004
Local Government (Community
Government Areas) Bill 2004
Amendments agreed to during Consideration
1 Schedule 1, amendment 33 of the Community Services
(Aborigines) Act 1984--
At page 55, after line 25--
insert--
`(4A) Subsection (4B) applies to a person if--
(a) the person--
(i) is not a resident of a trust area; and
(ii) is permitted under the Aboriginal Land Act 1991 to
enter and be on Aboriginal land (the Aboriginal
land area); and
(b) the Aboriginal land area is situated within the trust area.
`(4B) The person may enter and be in another part of the trust area
for the purpose of entering the Aboriginal land area.'.
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