City of Brisbane Act Amendment Act 1986 (Qld)

157 UN v- ANNO TRICESIMO QUINTO ELIZABETHAE SECUNDAE REGINAE No. 17 of 1986 An Act to amend the Cityof BrisbaneAct 1924 -1984 in certain particulars [ ASSENTED TO 8TH APRIL, 1986]

158 City of Brisbane Act Amendment Act 1986, No. 17 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 . ( 1) This Act may be cited as the City of Brisbane Act Amendment Act 1986. (2) In this Act , the City ofBrisbaneAct 1924-1984 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the City of Brisbane Act 1924-1986. 2. Commencement . ( 1) Section 1 and this section shall commence on the day on which this Act is assented to for and on behalf of Her Majesty. (2) Except as provided by subsection ( 1) this Act or the provisions thereof specified by Proclamation shall commence on the day or days appointed by Proclamation for the commencement of this Act or, as the case may be, those provisions. 3. Amendment of s. 3. Interpretation . Section 3 of the Principal Act is amended by- (a) inserting before the words "In this Act " the expression "(1)"; (b) in subsection ( 1) as so designated- (i) inserting before the definition " Alderman " the following definition:- "Administrative body"- (a) a unit of administration; (b) a subunit of administration; (c) a permanent head of a unit of administration; (d) an office in the Council service; (e) a board of officers in the Council service; (f) an officer in the Council service;"; (ii) inserting after the definition " Health Act" the following definition:- "Instrument of subordinate legislation "- any Proclamation, Order-in-Council , regulation , rule, by-law, ordinance, instrument , order or notice made or issued under an Act;"; (iii) omitting from the definition " Mayor" the words " Vice Mayor" and substituting the words " Deputy Mayor"; (iv) inserting after the definition " Prescribed " the following definition:- "Subunit of administration "- any branch , section or like part of a unit of administration;";

City of Brisbane Act Amendment Act 1986, No. 17 1 59 (v) inserting after the definition "Town Clerk" the following definitions:- "Unit of administration"-a part of the Council service howsoever called that is not wholly or partly included in any other unit of administration; "Valuer-General"-the person appointed to be the Valuer-General pursuant to The Valuation of Land Act of 1944 as amended and includes any person deemed by that Act to be the Valuer-General."; (vi) omitting the definition "Victoria Bridge Act"; (c) adding at the end thereof the following subsection:- "(2) For the purposes of this Act, the Council service shall be taken to comprise all persons employed by the Council for the time being but shall not include a temporary employee.". 4. Amendment of s. 8 . Disabilities . Section 8 of the Principal Act is amended by omitting from subsection (1) the words "or or" where they occur between subparagraphs (iii) and (iv) and substituting the word "or". 5. Amendment of s. 14K. Existing Council. Section 14K of the Principal Act is amended by omitting the words "Vice Mayor" from subsection (7) and substituting the words "Deputy Mayor". 6. Amendment of s. 18 . Filling vacancies . Section 18 of the Principal Act is amended by omitting from subsection (5) the words "Vice Mayor" and substituting the words "Deputy Mayor". 7. Amendment of s. 22. Remuneration of Mayor and aldermen. Section 22 of the Principal Act is amended by omitting the words "Vice Mayor" wherever they occur and substituting the words "Deputy Mayor". 8. Amendment of s. 23. Superannuation scheme . Section 23 of the Principal Act is amended by adding at the end thereof the following paragraph:- "The Auditor-General shall audit the books and accounts of the trustees of any scheme established pursuant to this section and for the purposes of section 47.A those books and accounts shall be deemed to be books and accounts of the Council.". 9. New heading and s. 23A. The Principal Act is amended by inserting after section 23 the following heading and section:- "MAYOR 23A. Mayor. The Mayor shall- (a) be a member ex officio of each committee appointed from among the aldermen of the Council; (b) have power to formulate general policies concerning the government of the City and shall be responsible to the Council for the control of the working and

160 City of Brisbane Act Amendment Act 1986, No. 17 business of that government and for implementing policies adopted by the Council; and (c) exercise such other powers, discharge such other functions and perform such other duties as are assigned or delegated to the Mayor under this Act.". 10. Omission of and new heading . The Principal Act is amended by omitting the heading "VICE MAYOR" where it occurs before section 24 and substituting the heading "DEPUTY MAYOR". 11. Amendment of s. 24. Vice Mayor. (1) Section 24 of the Principal Act is amended by- (a) omitting the note appearing in and at the beginning of that section and substituting the note "Deputy Mayor"; (b) omitting the words "Vice Mayor" where they occur after the words "person to be" and substituting the words "Deputy Mayor". (2) The alderman holding office as Vice Mayor under section 24 of the Principal Act immediately prior to the commencement of this section shall on and from that commencement be deemed to be the Deputy Mayor and shall hold office in accordance with section 24 of the Principal Act as amended by this Act, as if he had been appointed Deputy Mayor under that section. (3) Any reference to the Vice Mayor of the City in any Act other than this Act, including an instrument of subordinate legislation thereunder, or in any agreement, contract, deed or other document, instrument or writing whatsoever, before the commencement of this section, shall on and from that commencement be read and construed as if it were a reference to the Deputy Mayor. 12. Amendment of s. 24A . Acting appointment during absence of Mayor and Vice Mayor. Section 24A of the Principal Act is amended by- (a) omitting the words "Vice Mayor" from the note appearing in and at the beginning of the section and substituting the words "Deputy Mayor"; (b) omitting the words "Vice Mayor" wherever they occur in the section and substituting the words "Deputy Mayor". 13. Amendment of s. 25c (1). Appeal by officer against promotion of other officer. Sch. III. Section 25c of the Principal Act is amended, in subsection (1), by- (a) omitting the word "department" where it twice occurs and substituting the words "unit of administration"; (b) omitting the word "departments" and substituting the words "units of administration". 14. Amendment of s. 25D . Appeal by employee against disciplinary action . Section 25D of the Principal Act is amended by omitting from

City of Brisbane Act Amendment Act 1986, No. 17 16 I the definition "employee" in subsection (1) the word "Departments" and substituting the words "units of administration". 15. New s. 25E. The Principal Act is amended by inserting after section 25D the following section:- "25E. Superannuation scheme for employees . (1) The Council may with the approval of the Governor in Council- (a) establish and maintain any scheme or schemes; (b) amend any scheme or schemes so established, for the provision of superannuation, pension or other such benefits to its employees or their dependants and for that purpose may provide in such manner as it thinks fit for the establishment and maintenance of such funds as it considers necessary or desirable and may contribute to such funds from the City Fund. (2) For the purposes of this section, the scheme known as the "Brisbane City Council Superannuation Fund" maintained by the Council prior to the commencement of section 15 of the City of Brisbane Act Amendment Act 1986 shall be deemed to have been established and maintained with the approval of the Governor in Council under this section. (3) The Auditor-General shall audit the books and accounts of the trustees of any scheme established and maintained under this section and for the purposes of section 47A those books and accounts shall be deemed to be books and accounts of the Council.". 16. Repeal of ss. 26 to 31 and 33 to 35 and headings . The Principal Act is amended by- (a) repealing the heading appearing before section 26 and repealing sections 26 to 28 (both inclusive); (b) repealing the heading appearing before section 29 and repealing sections 29 to 31 (both inclusive); (c) repealing the heading appearing before section 33 and repealing sections 33 to 35 (both inclusive). 17. Amendment of s. 38 . Ordinances . Section 38 of the Principal Act is amended by- (a) inserting after subsection (17) the following subsection:- "(17A) An ordinance may adopt, wholly or in part, in relation to any matter provided for by it, any of the standard rules, codes or specifications of the bodies known as the Standards Association of Australia, the British Standards Institution or a like body identified in the ordinance."; (b) in subsection (19)- (i) inserting after the word "Mayor" the words "or a committee appointed from among the aldermen or a board consisting of officers of the Council";

162 City of Brisbane Act Amendment Act 1986, No. 17 (ii) adding at the end thereof the following paragraph:- "An ordinance made under this subsection that leaves a matter or thing to be dealt with by the Council by resolution may further provide that the Council by resolution may leave the matter or thing to be determined, applied, dispensed with, prohibited or regulated by the Mayor, or a committee appointed from among the aldermen or a board consisting of officers of the Council, or any officer of the Council.". 18. New ss. 39A to 39c. The Principal Act is amended by inserting after section 39 the following heading and sections:- "ADMINISTRATION 39A. Administration of Council business . (1) The Council may, notwithstanding the provisions of any ordinance, whether the ordinance was made before or after the commencement of section 18 of the City of Brisbane Act Amendment Act 1986, from time to time by resolution- (a) establish or abolish a unit of administration or establish or alter its structure including the structure of its subunits of administration; (b) assign a name to or alter the name of a unit of administration or subunit of administration; (c) determine the matters to be administered by a unit of administration or subunit of administration; (d) create or abolish an office of permanent head of a unit of administration and assign a title to or alter the title of an office of permanent head; (e) make such other administrative arrangements in respect of the working and business of the Council as it thinks fit. (2) Where there is in any Act passed by the Parliament of Queensland other than this Act a reference to a unit of administration named therein, the Council shall not make a resolution under subsection (1) abolishing that unit of administration or altering its name without the approval of the Governor in Council first had and obtained. Where the Council makes a resolution in breach of this subsection, the resolution shall be void and of no effect. (3) The power of the Council to make a resolution for the purposes of paragraphs (c) or (e) of subsection (1) includes the power to make a resolution that deems one of its administrative bodies to be another such administrative body for the purpose of one of the following having effect- (a) an agreement, contract, deed or other document, instrument or writing made or issued by the Council or by an administrative body or to which the Council

City of Brisbane Act Amendment Act 1986, No. 17 163 or an administrative body is a party, that contains a reference to an administrative body; (b) a provision of this Act that contains a reference to an administrative body; (c) a provision of any other Act including an instrument of subordinate legislation thereunder that contains a reference to an administrative body. For the purposes of this subsection, other than paragraph (b), the Mayor shall be deemed to be an administrative body. Where the Council makes a resolution under this subsection the document, instrument, writing or provision shall be read and construed so as to give effect to the resolution. (4) The Council shall not make a resolution pursuant to subsection (3) in respect of a provision defined in paragraph (c) of subsection (3) without the approval of the Governor in Council first had and obtained. Where the Council makes a resolution in breach of this subsection, the resolution shall be void and of no effect. (5) A resolution made pursuant to subsection (3) may be in respect of a specified reference or class thereof, a specified document, instrument or writing or class thereof, or a specified provision or class thereof, including a class of instrument of subordinate legislation. (6) Subject to this Act, the permanent head of a unit of administration shall be responsible for its general working and for all the business thereof and shall be responsible to the Town Clerk in respect thereof. 39B. Delegation. (1) The Council may by resolution delegate any of its powers, functions or duties, under this Act or any other Act (including an instrument of subordinate legislation thereunder), specified in the resolution, except this power of delegation, to- (a) the Mayor; (b) a committee appointed from among its aldermen; (c) any officer of the Council or a board consisting of officers of the Council, unless the Council is required by this Act or any other Act to exercise the power, discharge the function or perform the duty, by resolution. (2) A delegation may, if the Council so resolves, be unlimited as to the period during which it may be exercised or may be exercisable only during such period as may be specified in the resolution. (3) A delegation may be made subject to such conditions or limitations as the Council thinks fit and specifies in the resolution.

164 City of Brisbane Act Amendment Act 1986, No. 17 (4) The Mayor, committee, officer or board, when acting in accordance with a delegation under this section, shall be deemed to be the Council. (5) A delegation to any officer may be made- (a) by reference to the holder of an office in the Council service without naming him, in which case the power, function or duty delegated may be exercised, discharged or performed by the person for the time being carrying out the duties of that office; (b) by reference to the name of a person who is an officer, in which case the power, function or duty delegated may be exercised, discharged or performed by that person only while he remains an officer; (c) by reference to the name of a person who is an officer and to the office in the Council service then held by that person, in which case the power, function or duty delegated may be exercised, discharged or performed by that person only while he remains the holder of that office. (6) A delegation under this section may be revoked or amended at any time by the Council by resolution, and nothing in this section shall be taken as preventing the Council from exercising any power, discharging any function or performing any duty, that has been delegated under this section. (7) A delegation by ordinance to- (a) the Mayor; (b) a committee appointed from among its aldermen; (c) any officer of the Council or a board consisting of officers of the Council, of a power, function or duty of the Council under this Act or any other Act (including an instrument of subordinate legislation thereunder), and in force immediately prior to the commencement of section 18 of the City of Brisbane Act Amendment Act 1986 shall, upon the commencement of that section be deemed to be a delegation under this section and shall continue in force and may be revoked or amended accordingly. 39c. Council Register . (1) The Council shall maintain a register that shows in a consolidated form- (a) committees appointed from among its aldermen; (b) the administrative structure of the Council service including its units and major subunits of administration, boards and members thereof, significant offices and holders thereof, including the names of the permanent heads of the units of administration; (c) the administrative bodies within the Council service that are deemed to be other administrative bodies

City of Brisbane Act Amendment Act 1986, No. 17 165 by reason of resolutions made by the Council pursuant to subsection (3) of section 39A and the purposes for which they are so deemed; (d) the significant decision making processes of the Council, including any delegations of a power, function or duty currently in force; (e) such other information as the Council thinks fit or the Governor in Council prescribes by regulation. (2) The register required under subsection (1) shall be kept available for public inspection at its office. The Council shall keep at its office copies of the register in a printed form for sale to the public at a charge not exceeding the cost of printing. (3) The Council shall maintain at its office and open to public inspection a record of all resolutions made by the Council under section 39A and section 39B together with an explanation of the practical effect of those resolutions upon the matters and things referred to in paragraphs (a) to (e) (both inclusive) of subsection (1). (4) A register or record required to be kept by this section may be kept in printed form or by electrical, mechanical or other device.". 19. Amendment of s. 41. Budget provisions . Section 41 of the Principal Act is amended by omitting the word "department" wherever it occurs in paragraph (xii) and substituting the words "unit of administration". 20. Amendment of s. 43a. Section 43B of the Principal Act is amended by- (a) omitting the expression "(1)"; (b) omitting all words from and including "(2) Ratification." to and including "ratified accordingly.". 21. Amendment of s. 44 . Section 44 of the Principal Act is amended by- (a) inserting the expression "(1)" before the words " Rating powers." appearing in and at the commencement of the first paragraph; (b) inserting the expression "(2)" before the words "The Council may, in a resolution"; (c) inserting the expression "(3)" before the words "The Council may make ordinances"; (d) inserting the expression "(4)" before the words " Land leased from Commissioner for Railways to be rateable land." appearing in and at the commencement of the sixth paragraph; 7

166 City of Brisbane Act Amendment Act 1986, No. 17 (e) inserting the expression "(5)" before the words " Interest on overdue rates ." appearing in and at the commencement of the eighth paragraph; (f) omitting from subsection (5) as designated by this section the words "Provided further, that when" and substituting the word "Where"; (g) inserting the expression "(6)" before the words " Separate rates for particular functions ." appearing in and at the commencement of the ninth paragraph; (h) omitting from subsection (6) as designated by this section the words "rateable value" and substituting the words "unimproved value"; (1) adding at the end of the section the following subsections:- "(7) Differential general rates . (a) On and from a date fixed by Proclamation for the purposes of this subsection, the Council may, in any year, in framing and adopting its Budget for the next ensuing year, categorize the rateable land in the City into 2 or more categories and, subject to this subsection, may make and levy a differential general rate on the unimproved value of rateable land in each category which is at a different level to that made and levied on rateable land in each of the remaining categories in the City. (b) The Council may adopt. criteria for the purpose of categorizing the rateable land in the City and where it does so shall request the Valuer-General to identify the category in which, in his opinion, each parcel of rateable land is included. (c) Where, having regard to the criteria adopted by the Council or the information contained in his records the Valuer- General decides that he cannot identify the category in which each parcel of rateable land is included he shall advise the Council in writing of his decision and that decision shall not be questioned by any person whatsoever. (d) Upon identifying the category in which, in his opinion, each parcel of rateable land is included the Valuer-General shall advise the Council accordingly and notify it of the category of each such parcel. (e) It is not competent to the Council to make and levy differential general rates unless and until the Valuer-General notifies it in writing of the category in which, in his opinion, each parcel of rateable land in the City is included. (f) Where the Valuer-General purports to have notified the Council of the category in which each'parcel of rateable land in the City is included he shall be deemed to have so notified it notwithstanding that he has omitted to so notify it in relation to any one or more parcels of rateable land.

City of Brisbane Act Amendment Act 1986, No. 17 167 (g) Where the Council resolves to make and levy differential general rates on the unimproved value of rateable land in the City, the resolution shall- (i) detail the circumstances warranting the making of the differential rates; (ii) list the criteria adopted for the purpose of categorizing the rateable land in the City; (iii) list the categories; and (iv) identify the category in which each parcel of rateable land is included having regard to advice received from the Valuer - General for that purpose and without limiting the manner in which the resolution may identify the category, the resolution may identify the category in which each parcel of land is included by reference to a document containing that information that is- (A) separate from the minute - books provided for the purpose of recording the proceedings of the Council; and (B) signed by the Mayor and Town Clerk and available for public inspection at the Council's office. (h) Land may be identified for the purposes of subparagraph (iv) of paragraph (g) by reference to the real property description or the metes and bounds of the land, the delineation of that land on a map or by such other means of identification as the Council considers appropriate. (i) Where the Council makes and levies differential general rates pursuant to this subsection for any year, it shall not be competent to the Council to make and levy any other general rate for that year. (j) For the purpose of assisting- (i) the Council to determine criteria for use in relation to the categorization of rateable land; (ii) the Valuer-General to identify the category in which in his opinion a parcel of rateable land is included; or (iii) the Valuer-General to decide upon an objection under subsection (9), the Valuer-General or a person authorized by him so to do may enter and inspect any land. (8) Advice to owners where differential general rates are made and levied . Where the Council makes and levies differential general rates pursuant to subsection (7), the rate notice served on the owner of rateable land shall contain or be accompanied

1 68 City of Brisbane Act Amendment Act 1986, No. 17 by a statement (which statement shall be deemed to form part of the notice)- (a) listing the criteria adopted by the Council for the purpose of categorizing rateable land in the City; (b) listing the categories; (c) specifying the category in which the land to which the rate notice applies is included; and (d) informing the owner- (i) if he considers that, as at the date of issue of the rate notice, his land should, having regard to the criteria adopted by the Council, have been included in another of the categories listed in the notice he may object against that categorization of his land by posting to or lodging with the Valuer-General a notice of objection in the prescribed form within 30 days of that date; (ii) that the only ground on which he may so object is that his land should, having regard to the criteria adopted by the Council, have been included in some other category; (iii) that the posting to or lodging of an objection with the Valuer-General shall not in the meantime interfere with or affect the levy and recovery of the rates referred to in the rate notice; and (iv) that where by reason of the decision of the Valuer- General on the objection the land is taken to have been included in another category as at the date of issue of the rate notice an adjustment of the amount of rates levied or , as the case may be, the amount of rates paid shall be made in accordance with subsection (18). (9) Owner may object. (a) An owner who considers that as at the date of issue of a rate notice ( which date of issue shall be stated in such notice ) his land should , having regard to the criteria adopted by the Council, have been included in a category listed in the notice other than the one in which it was included may object against that categorization of his land by posting to or lodging with the Valuer-General a notice of objection in the prescribed form within 30 days of that date. (b) The only ground on which an owner may object under this subsection is that his land should, having regard to the criteria adopted by the Council, have been included in a category listed in the rate notice other than the one in which it was included. (c) Where an owner objects under this subsection he shall, in his notice of objection, nominate the category, being a category listed in the relevant rate notice, in which in his opinion his

City of Brisbane Act Amendment Act 1986, No. 17 169 land should, as at the date on which the notice was issued, have been included and state the facts and circumstances on which he bases that opinion. (10) Valuer-General to consider and decide objections. The Valuer-General shall consider every objection made under subsection (9) and shall issue to the objector written notice of his decision thereon in the prescribed form within 60 days after the period of 30 days referred to in that subsection and may either- (a) disallow it; (b) allow it; or (c) decide that the land to which the objection relates shall, as at the date of issue of the relevant rate notice, be taken to have been included in a category other than the category in which it was then included and other than the category nominated by the objector. A decision of the Valuer-General under this subsection shall, subject to an appeal under subsection (11), be given effect according to its tenor. (11) Appeal against decision of the Valuer-General. (a) An owner who has objected pursuant to subsection (9) may, if dissatisfied with the decision of the Valuer-General upon his objection (being a decision referred to in paragraph (a) or (c) of subsection (10)), appeal to the Land Court against that decision. (b) An appeal shall be instituted by filing a notice of appeal in the prescribed form in the Land Court registry within 28 days after the date of issue to the owner concerned by the Valuer- General of notice of his decision upon the objection (which date of issue shall be stated in such notice). (c) The only ground of appeal shall be that as at the date of issue of the relevant rate notice the land should, having regard to the criteria adopted by the Council, have been included in a category listed in the rate notice- (i) in a case to which provision (ii) does not apply- other than the one in which it was included; (ii) where upon objection the Valuer-General made -a decision under paragraph (c) of subsection (10)- other than the one in which it is to be taken to have been included by reason of that decision, and the appellant shall, in his notice of appeal, nominate the category in which in his opinion his land should have been included and state the facts and circumstances on which he bases that opinion. (d) The appellant shall serve a copy of the notice of appeal on the Valuer-General not later than 7 days after the notice is lodged in the Land Court registry. (e) A failure by the appellant to serve a copy of the notice of appeal on the Valuer-General pursuant to paragraph (d) shall

170 City of Brisbane Act Amendment Act 1986, No. 17 not affect the jurisdiction of the Land Court to hear and determine the appeal but in respect of any adjournment occasioned by that failure the Land Court may make such order as to costs in favour of the Valuer-General as it thinks fit. (f) The jurisdiction of the Land Court under this subsection shall be exercised by the court sitting in chambers. (g) For the purpose of exercising its jurisdiction under this subsection the Land Court shall be constituted by one member thereof sitting alone. (h) Upon an appeal under this subsection the Land Court may- (i) affirm the decision appealed against; or (ii) determine that the land shall, as at the date of issue of the relevant rate notice, be taken to have been included in a category- (A) Where the ground of appeal is that referred to in subparagraph (i) of paragraph (c)-other than the one in which it was then included; (B) Where the ground of appeal is that referred to in subparagraph (ii) of paragraph (c)-other than the one in which it was taken to have been then included. (i) For the purpose of disposing expeditiously of appeals under this subsection such appeals shall be conducted and disposed of in accordance with procedures directed by the Land Court which in the hearing of the appeals shall not be bound by rules of evidence. (j) The decision of the Land Court on an appeal under this subsection shall be final and conclusive and shall be given effect according to its tenor. (12) Objections or appeals not to interfere with levy , etc. of rates . The fact that an objection has been made under subsection (9) or an appeal has been instituted under subsection (11) in respect of the categorization of any rateable land shall not in the meantime interfere with or affect the levy and recovery by the Council of differential general rates which relate to that land. (13) Valuer-General may certify that land is included in other category . Where subsequent to the date on which the Council adopts its Budget for the next ensuing year, the Valuer- General is of the opinion that land included in a category pursuant to a resolution of the Council made at the meeting at which the Council adopts its Budget should be included in some other category having regard to the criteria adopted by the Council, he may notify the Council of the category in which in his opinion the land should be included and where he does so that land shall, for the purpose of levying differential general rates after the date on which the Council receives the notification and subject to objection under subsection (9) and appeal under subsection (11), be included in that category.

City of Brisbane Act Amendment Act 1986, No. 17 171 (14) Land not included in category by reason of error or omission . Where by reason of error or omission rateable land in the City is not included in a category by the resolution making differential general rates , the Valuer-General may notify the Council of the category in which in his opinion the land is included and where he does so that land shall, for the purpose of levying differential general rates and subject to objection under subsection (9) and appeal under subsection (11), be deemed to have been included in that category by that resolution. (15) Categorization of land that becomes rateable. Where land that is rateable becomes so rateable subsequent to the date on which the Council adopts its Budget and makes a resolution making differential general rates , the Valuer-General may notify the Council of the category in which in his opinion, the land is included and where he does so that land shall, subject to objection under subsection (9) and appeal under subsection (11), be included in that category on and from the date on which it became so rateable. (16) Categorization of land following amalgamation. Where subsequent to the date on which the Council adopts its Budget for the next ensuing year, 2 or more parcels of rateable land included in the same or different categories pursuant to this Act are amalgamated to form a single parcel of rateable land, the Valuer-General may notify the Council of the category in which in his opinion the land is included and where he does so that land shall, for the purpose of levying differential general rates after the date on which the Council receives the notification and subject to objection under subsection (9) and appeal under subsection (11), be included in that category. (17) Categorization of land following subdivision. Where subsequent to the date on which the Council adopts its Budget for the next ensuing year, rateable land included in a category pursuant to this Act is subdivided, the parcels of rateable land formed by reason of the subdivision shall, for the purpose of levying differential general rates and subject to objection under subsection (9) and appeal under subsection (11), be deemed to be included in the category in which the first mentioned land was included. (18) Adjustment of differential general rates. (a) Where a differential general rate made under subsection (7) by the Council is levied on_ rateable land and by reason of an objection under subsection (9) or an appeal under subsection (11) the land is to be taken to have been included in a category as at the date of issue of the rate notice by which the rate was levied other than that in which it was included at that date, the Council shall adjust the amount of the rate levied for the period to which the notice relates having regard to the category in which the land is to be taken to have been included. (b) Where rates required to be adjusted pursuant to this subsection have been paid, amounts paid in excess shall be refunded and amounts short paid shall be recoverable as arrears.

172 City of Brisbane Act Amendment Act 1986, No. 17 (19) Definition of owner . For the purposes of this section the term "owner" means the person liable to be rated under this Act in respect of the land concerned. (20) Local Government ( Differential General Rates) Regulations to apply. For the purposes of subsections (9), (10), (11), (13), (14), (15) and (16) the Local Government (Differential General Rates) Regulations 1985 made under the Local Government Act 1936-1985 shall, with such changes and adaptations as are necessary, apply.". 22. Amendment of s. 44A. Section 44A of the Principal Act is amended by- (a) in subsection (1), omitting all words from and including "in respect of any" to and including "board any ship." and substituting the following words:- "or part of those rates in respect of any land- (a) the owner of which is a person who is in receipt of a pension under any law of the Commonwealth or of the State; or (b) where, in its opinion, the unimproved value of the land is significantly higher than that of other land in the City being used for a similar purpose, the rates levied on the first mentioned land are higher than those levied on the other land and the financial circumstances of the owner of the first mentioned land are such that, in its opinion, he will suffer undue financial hardship by reason of paying the rates."; (b) in subsection (3) inserting after the words "general rates," the words "differential general rates,"; (c) adding at the end thereof the following subsection:- "(4) Definition of owner . For the purposes of this section the term "owner" means the person liable to be rated under this Act in respect of the land concerned.". 23. Amendment of Schedule III. Schedule III of the Principal Act is amended by- (a) in clause 1- (i) omitting all words from and including "In the event" to and including "office, application shall" and substituting the words "Applications may"; (ii) adding at the end thereof the following paragraph. "The vacant or new office shall be filled by an applicant who is an employee of the Council unless in the opinion of the Council all such applicants are unsuitable.";

City of Brisbane Act Amendment Act 1986, No. 17 173 (b) in clause 24, omitting the word "Department" and substituting the words "unit of administration"; (c) in clause 28, omitting the word "Department" and substituting the words " unit of administration"; (d) in clause 29, omitting the word "department" and substituting the words "unit of administration".