City of Brisbane Act Amendment Act 1984 (Qld)

358 Quejenstanb ANNO TRICESIMO TERTIO ELIZABETIIAE SECUN D AE REGINAE No. 33 of 1984 An Act to amend the City o f Brisbane Act 1924-1982 in certain particulars [ASSENTED TO 18TH APRIL, 1984]

City of Brisbane Act Amendment Act 1984, No. 33 359 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . (1) This Act may be cited as the City of Brisbane Act Amendment Act 1984. (2) In this Act the City of Brisbane Act1924-1982 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the City of Brisbane Act1924-1984. 2. Amendment of s. 3. Interpretation . Section 3 of the Principal Act is amended by, in the definition " Election ", inserting before the word " aldermen " the words " Mayor and other ". 3. Repeal of and new s. 5 . Composition of Council . The Principal Act is amended by repealing section 5 and substituting the following section:- ,, 5. Composition of Council . (1) On and from the conclusion of the triennial election of the Mayor and other aldermen to be held in the year 1985 the City shall be governed by a Council composed of 27 aldermen consisting of the Mayor and 26 other aldermen. (2) The Mayor shall be an alderman by virtue of his office.". 4. Amendment of s. 7. Qualification of alderman . Section 7 of the Principal Act is amended by inserting after the word "his" the words " or her ". 5. Amendment of s. S. Disabilities . Section 8 of the Principal Act is amended by- (a) in subsection (1), (i) inserting before provision (i) the following provision- " (i) is a member of the Legislative Assembly; or "; (ii) re-numbering the existing provisions (i), (ii), (iii) and (iv) as provisions ( ii), (iii ), (iv) and (v) respectively; (iii) omitting provision (iii) as so re-numbered and substituting the following provision:- (iii) is an undischarged bankrupt or is otherwise taking advantage of the law relating to bankruptcy; or "; (iv) omitting the words " continuing an alderman " and substituting the words " continuing as Mayor or as alderman other than Mayor "; (b) in subsection (2), omitting the words " continuing an alderman " and substituting the words " continuing as Mayor or as alderman other than Mayor "; (c) in subsection (3),

360 City of Brisbane Act Amendment Act 1984, No. 33 (i) omitting from paragraph (a) the words " Subparagraph (i) of subsection one of this section " and substituting the words " Subparagraph (ii) of subsection (1) "; (ii) omitting from paragraph (a) the words " an alderman " and substituting the words " Mayor or as an alderman other than Mayor "; (iii) omitting from paragraph (b) the words " election of an alderman " and substituting the words " election of Mayor or of an alderman other than Mayor ". 6. Amendment of s. 12. Members may be re-elected. Section 12 of the Principal Act is amended by omitting all words from and including the words " or appointed " to the end of the section and substituting the words " or re-appointed to the office of Mayor or other alderman if he is for the time being capable under this Act of being and continuing an alderman ". 7. Repeal of and new s. 13. Appointment of Mayor . The Principal Act is amended by repealing section 13 and substituting the following section:- ,, 13. Election of Mayor. The Mayor shall be elected by the whole of the electors of the City and at the triennial elections of Mayor and other aldermen all electoral rolls prepared pursuant to section 17 (3) for electoral wards shall together be the electoral roll for the election of Mayor.". 8. Amendment of s. 14. Present Council. Section 14 of the Principal Act is amended by- (a) in subsection (1), omitting the expression " 1972 " and substituting the expression " 1984 "; (b) in subsection (2), (i) omitting the expression " 1972 " where it twice occurs and substituting in each case the expression " 1984 "; (ii) omitting the expression " 1969 " and substituting the expression "1982"; (iii) inserting after the words " election of the " the words " Mayor and other "; (c) in subsection (3), (i) omitting the expression " 1972 " where it twice occurs and substituting in each case the expression " 1984 "; (ii) omitting the words " (other than the Mayor) "; (iii) omitting the words " dies, resigns his office," and substituting the words " resigns his office "; (iv) inserting after the words " election of the " the words " Mayor and other "; (d) in subsection (4), (i) omitting the words " dies, resigns his office," and substituting the words " resigns his office "; (ii) inserting after the words " election of the " the words " Mayor and other ";

City of Brisbane Act Amendment Act 1984, No. 33 361 (iii) omitting the expression " 1972 " and substituting the expression " 1984 "; (e) in subsection (5), omitting the expression " 1972 " and substituting the expression " 1984 "; (f) in subsection (6), (i) omitting the word " dies,"; (ii) inserting after the words " election of the " the words " Mayor and other "; (iii) omitting the expression " 1972 " and substituting the expression "1984"; (g) in subsection (7), (i) inserting after the words " election of the " the words " Mayor and other "; (ii) omitting the expression " 1972 " and substituting the expression "1984"; (h) omitting subsection (8) and substituting the following subsection:- " (8) The electoral roll containing the names of all electors registered under the Elections Act as living in an electoral ward as constituted immediately before the commencement of the City of Brisbane Act Amendment Act 1984 last prepared and published in accordance with the Elections Act before the date on which the separate election is to be held together with the names of all electors who, if that electoral ward continued to be so constituted, would be entitled under the Elections Act to be added, since that roll was prepared up to and including a date seven clear days before the day of nomination for the separate election to be held, to the roll of electors for the electoral ward as so constituted shall, with and subject to all corrections and erasures of and from that roll and additions thereto made pursuant to the Elections Act, be the roll of electors for the purposes of the separate election for that electoral ward held in accordance with the provisions of this section."; (i) omitting subsection (9). 9. Amendment of s. 14A. Electoral wards and election of aldermen therefor . Section 14A of the Principal Act is amended by- (a) in subsection (1), (i) inserting after the word " aldermen " the words " (other than the Mayor) "; (ii) omitting the word " twenty-one " and substituting the expression " 26 ": (b) in subsection (4), omitting the word " eleven " and substituting the expression " 13 "; (c) in subsection (5), omitting the word " ten " and substituting the expression " 13 ";

362 City of Brisbane Act Amendment Act 1984, No. 33 (d) in subsection (6), (i) inserting after the words " election of the " the words " Mayor and other "; (ii) omitting the expression " 1972 " and substituting the expression "1984 ". 10. New s. 14AA. The Principal Act is amended by inserting after section 14A the following section:- " 14AA . Candidature for only one office . A person shall not nominate as a candidate at an election for the office of Mayor and as a candidate at the same election for the office of an alderman other than Mayor. A nomination in breach of this section is void and an election of a person pursuant to such a nomination is void.". 11. Amendment of s. 14D. Basis of distribution in Zones . Section 14D of the Principal Act is amended by- (a) in subsection (2), omitting the words " on the eighteenth day of April 1972 " and substituting the words " on 30 April 1984 "; (b) in subsection (3), omitting the words " on the eighteenth day of April 1972 " and substituting the words " on 30 April 1984 "; (c) in subsection (4), omitting the words " on the eighteenth day of April 1972 " and substituting the words " on 30 April 1984 ". 12. Amendment of s. 14J . Fresh quotas . Section 141 of the Principal Act is amended by.. in subsection (1), omitting from paragraph (b) the words " the eighteenth day of April 1972 " and substituting the words " 30 April 1984 ". 13. Amendment of s. 14K. Existing Council. Section 14K of the Principal Act is amended by- (a) in subsection (1), inserting after the words " election of the " the words " Mayor and other "; (b) in subsection (2), (i) omitting the word " dies,"; (ii) inserting after the words " election of the " the words " Mayor and other "; (c) in subsection (3), (i) inserting after the word " alderman " where it firstly occurs the words " (including the Mayor) "; (ii) omitting the word " dies,"; (iii) inserting after the words " election of the " the words " Mayor and other ". (d) in subsection (5), inserting after the words " election of the " the words " Mayor and other ";

City of Brisbane Act Amendment Act 1984, No. 33 363 (e) omitting subsection (6) and substituting the following subsection:- " (6) The electoral roll containing the names of all electors registered under the Elections Act as living in the electoral ward concerned as constituted immediately before the appointment of the Commissioners or, in the case of a separate election to fill a vacancy in the office of Mayor, the electoral rolls containing the names of all electors so registered as living in all electoral wards as so constituted, last prepared and published in accordance with the Elections Act before the occurrence of the vacancy, together with the names of all electors who, so long as that electoral ward continues, are or, if that electoral ward continued to be so constituted, would be entitled under the Elections Act to be added, since that roll was or those rolls were prepared, up to and including a date seven clear days before the day of nomination for the separate election to be held, to the roll of electors for that electoral ward as so constituted or, as the case may be, to one of the rolls of electors for those electoral wards as so constituted with and subject to all corrections and erasures of and from that roll and additions thereto made pursuant to the Elections Act shall be the roll of electors for the purposes of the separate election to be held in accordance with this section.". (f) omitting subsection (7) and substituting the following subsection:- " Unless and until a vacancy in the office of Mayor is filled pursuant to a separate election, the Vice Mayor shall act in that office. and, while so acting, shall have and may exercise all the powers, authorities and privileges of the Mayor.". 14. Amendment of s. 16. Triennial elections . Section 16 of the Principal Act is amended by- (a) in subsection (1), omitting the words " the aldermen shall be held on the last Saturday in March, 1973," and substituting the words "the Mayor and other aldermen shall be held on the last Saturday in March 1985,"; (b) omitting subsection (2) and substituting the following subsection:- " (2) At the triennial election to be held on the last Saturday in March 1985 and at every triennial election thereafter the Mayor and the whole number of other aldermen shall be elected."; (c) in subsection (3), omitting all words from and including the words " whether a triennial election " to and including the words " for that ward-" and substituting the following words:- " whether- a triennial election of the Mayor and other aldermen; a separate election to fill a vacancy in the office of Mayor; or a separate election by the electors of an electoral ward to fill a vacancy in the office of alderman for that ward-".

364 City of Brisbane Act Amendment Act 1984, No. 33 15. Amendment of s. 17. Section 17 of the Principal Act is amended by- (a) inserting in and at the beginning of the section the note Provisions concerning elections."; (b) omitting subsection (1) and substituting the following subsection:- " (1) One vote only. At an election of the Mayor each elector shall have one vote only. At an election of an alderman (other than the Mayor) each elector shall have one vote only."; (c) in subsection (3), inserting after the words " election of the ", where they occur in paragraph (a), the words "Mayor and other ". 16. Repeal of and new s. 18. Extraordinary vacancies. The Principal Act is amended by repealing section 18 and substituting the following section:- " 18. Filling vacancies . (1) If the Mayor or another alderman resigns or his office is otherwise vacated before the conclusion of the triennial election of the Mayor and other aldermen next held after his election or appointment to office the Governor in Council shall by Order in Council determine whether or not the vacancy shall be filled. (2) In determining the matter referred to in subsection (1) the Governor in Council shall have regard to- (a) the period between the date when a separate election for filling the vacancy could be held and the date of the triennial election of the Mayor and other aldermen to be next held; (b) the practicability of preparing the electoral roll for and of conducting the separate election and the costs thereof having regard to the period referred to in paragraph (a). (3) Where the Governor in Council determines that a vacancy shall be filled, the separate election for filling the vacancy shall be held on a Saturday, to be appointed by the chief returning officer, which shall be within two months after the occurrence of the vacancy. (4) For the purposes of a separate election to fill a vacancy the roll of electors shall be, in the case of a vacancy in the office of Mayor, the electoral rolls containing the names of all electors registered under the Elections Act as living in all the electoral wards or, in the case of a vacancy in the office of an alderman other than Mayor, the electoral roll containing the names of all electors so registered as living in the electoral ward concerned, last prepared and published in accordance with the ElectionsAct before the occurrence of the vacancy, together with the names of all electors who are entitled under the Elections Act to be added, since those rolls were or that roll was prepared, to one of

City of Brisbane Act Amendment Act 1984, No. 33 365 those rolls or, as the case may be, to that roll up to and including a date seven clear days before the day of nomination for the separate election to be held with and subject to all corrections and erasures of and from those rolls or that roll and additions thereto made pursuant to the Elections Act. (5) Unless and until a vacancy in the office of Mayor is filled pursuant to a separate election the Vice Mayor shall act in that office and, while so acting, shall have and may exercise all the powers, authorities and privileges of the Mayor.". 17. Repeal of and new s . 19. Governor in Council may appoint alderman. The Principal Act is amended by repealing section 19 and substituting the following section:- " 19. Governor in Council may appoint Mayor or alderman in default of election. If at the time prescribed or appointed for the holding of an election- (a) the election is not held; or (b) no candidate is nominated for the office of Mayor or alderman for an electoral ward, the Governor in Council may appoint a person qualified under section 7 to be Mayor or, as the case may be, alderman to the office in respect of which the election was to be held. A person so appointed as Mayor shall be deemed to have been duly elected Mayor at an election duly held for that office. A person so appointed as alderman for an electoral ward shall be deemed to have been duly elected alderman for that ward at an election duly held for that office.". 18. Amendment of s. 20. Conclusion of elections . Section 20 of the Principal Act is amended by- (a) in subsection (1), (i) inserting after the words " names of the " the words " Mayor and other "; (ii) inserting after the words " such publication the " the words " Mayor and other "; (iii) adding at the end of the subsection the following paragraph:- " A separate election for the office of Mayor or other aldermen shall be concluded when the name of the candidate elected is published in the Gazette and on such publication the candidate so elected shall assume office."; (b) in subsection (2), (i) inserting after the word " The " the words " Mayor and other "; and (ii) omitting the word " aldermen " where it secondly occurs and substituting the words " Mayor or, as the case may be, aldermen other than Mayor ".