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STATUTES AMENDMENT (LOCAL GOVERNMENT ELECTIONS) ACT 2005 (NO 35 OF 2005) - SECT 7

7—Amendment of section 24—Allowances

        (1)         Section 24(2)—delete subsection (2) and substitute:

        (2)         Subject to this section, the Council must, at its first ordinary meeting after the conclusion of each general election, fix or apply the rates of the annual allowances to be payable to its members during the ensuing year.

        (2)         Section 24(4)—delete "The rates" and substitute:

Subject to this section, the rates

        (3)         Section 24(7)—delete subsection (7) and substitute:

        (7)         The regulations may—

            (a)         prescribe minimum and maximum amounts within which rates must be set under this section; or

            (b)         prescribe a formula or formulas which must be applied in fixing rates under this section; or

            (c)         fix rates under this section (which must then, in turn, be applied by the Council under this section).

        (4)         Section 24(9)—delete subsection (9) and substitute:

        (9)         In default of the Council fixing an appropriate rate in accordance with the requirements of this section and the provisions of the regulations under subsection (7) in relation to a particular office, the relevant allowance will be determined as follows:

            (a)         if a regulation under subsection (7)(a) applies in relation to the office—the allowance will be the minimum amount set under the regulation in relation to the office;

            (b)         if a regulation under subsection (7)(b) applies in relation to the office—the allowance will be the amount that applies under the relevant formula in relation to the office;

            (c)         if a regulation applies under subsection (7)(c) in relation to the office—the allowance will be the rate that applies under the relevant regulation.



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