Community Improvement Districts Regulation 2025 (NSW)

Part 1Preliminary1Name of regulation

This regulation is the Community Improvement Districts Regulation 2025.

2Commencement

This regulation commences on the day on which the Community Improvement Districts Act 2025, Schedule 3 commences.

3Definitions

In this regulation—

ballot manager—see section 12(1).

committee, for Part 6—see section 37.

committee member, for Part 6—see section 37.

electoral services provider means a person, other than the New South Wales Electoral Commissioner, with whom the Authority enters into an agreement or other arrangement under the Act, section 12(2) for the person to conduct a CID proposal ballot on the Authority’s behalf.

financial year, for Part 6—see section 37.

personal information has the same meaning as in the Privacy and Personal Information Protection Act 1998.

returning officer means a returning officer appointed under section 12(1)(a).

the Act means the Community Improvement Districts Act 2025.

Note—

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.

s 3: Subst 2025 (622), Sch 1[1].

Part 2CID proposal—contents

pt 2: Subst 2025 (622), Sch 1[2].

4CID proposal budget information—the Act, s 9(5)(a)

A CID proponent must include in a CID proposal made to the Authority the following information about the expected budget of the proposed CID entity—

• (a)

  projected expenditures, including expenditures for the proposed services, activities and projects and related operations and for staffing and communications,

• (b)

  projected revenue from the proposed levy,

• (c)

  projected revenue sources, other than the proposed levy, including corporate sponsorships, advertising or media sources, merchandising or the provision of co-working spaces, if applicable,

• (d)

  an analysis of whether the proposed levy and additional projected revenue sources would be sufficient to fund the proposed services, activities and projects,

• (e)

  a contingency plan for unexpected expenses or reductions in revenue.

s 4: Subst 2025 (622), Sch 1[2].

5CID proposal CID entity information—the Act, s 9(5)(a)

A CID proponent must include in a CID proposal made to the Authority the following information about the proposed CID entity—

• (a)

  the name or proposed name of the entity,

• (b)

  whether the CID proponent is an incorporated association,

• (c)

  the name and contact details for the primary contact person for the CID proponent,

• (d)

  a description of the organisational structure or proposed organisational structure of the entity, including the roles and responsibilities of committee members, other than roles and responsibilities of committee members set out in the Associations Incorporation Act 2009,

• (e)

  a summary of the history of the establishment of the entity.

s 5: Subst 2025 (622), Sch 1[2].

6CID proposal boundary information—the Act, s 9(5)(a)

A CID proponent must include in a CID proposal made to the Authority a precise description of the proposed boundaries of the CID, including the streets, roads and landmarks marking the boundaries.

s 6: Ins 2025 (622), Sch 1[2].

Part 3CID proposal—consultation

pt 3: Subst 2025 (622), Sch 1[2].

7Community consultation—the Act, s 10(1)(c) and (6)(1)

A CID proponent must consult with the following about the CID proponent’s plan to make a CID proposal—

• (a)

  Aboriginal and Torres Strait Islander representative community organisations or groups, including, if applicable—

  • (i)

    the Local Aboriginal Land Council, and

  • (ii)

    the registered native title body corporate for the CID, and

  • (iii)

    Aboriginal and Torres Strait Islander community-controlled organisations operating in the CID,

• (b)

  culturally and linguistically diverse communities within the CID,

• (c)

  persons who are likely to be users of the services, or participants in the activities or projects, proposed to be undertaken in the CID, including, if applicable—

  • (i)

    persons who work or volunteer in the CID, and

  • (ii)

    students who study or participate in student work experience in the CID, and

  • (iii)

    visitors to the CID.

(2)

The CID proponent must consult with persons referred to in subsection (1)(c) to the extent reasonably practicable.

(3)

In this section—

Local Aboriginal Land Council has the same meaning as in the Aboriginal Land Rights Act 1983.

registered native title body corporate has the same meaning as in the Native Title Act 1993 of the Commonwealth.

s 7: Ins 2025 (622), Sch 1[2].

8Community consultation reports—the Act, s 10(6)

A CID proposal consultation report must include the following information—

• (a)

  a description of the persons, organisations and groups consulted,

• (b)

  a description of the consultation activities undertaken,

• (c)

  the steps taken to ensure the views of culturally and linguistically diverse communities in the CID are understood and considered,

• (d)

  a summary of the views of the persons, organisations and groups consulted, including in relation to the following—

  • (i)

    the need for the proposed services, activities and projects,

  • (ii)

    whether the persons, organisations and groups support the CID proposal,

  • (iii)

    any concerns raised in relation to the CID proposal and how the concerns have been or will be addressed,

• (e)

  a summary of the consultation results and findings.

s 8: Ins 2025 (622), Sch 1[2].

9Community consultation report publication—the Act, s 10(4)(1)

The Authority must publish a CID proposal consultation report prepared by a CID proponent on the Authority’s website within 30 days after the CID proposal is accepted or rejected under the Act, section 11.

(2)

The Authority may modify the consultation report, before publication, to remove information that is personal information.

s 9: Ins 2025 (622), Sch 1[2].

Part 4CID proposal ballot

pt 4: Subst 2025 (622), Sch 1[2].

Division 1Preparation for CID proposal ballot—the Act, s 13(1)

pt 4, div 1: Ins 2025 (622), Sch 1[2].

10CID proposal ballot general requirements(1)

Subject to section 24, only business land owners and CID businesses listed on the approved roll for a CID proposal ballot may vote in the ballot.

(2)

A CID proposal ballot must be a secret ballot conducted by postal voting.

(3)

Voting in a CID proposal ballot is not compulsory.

s 10: Ins 2025 (622), Sch 1[2].

11Arrangement or agreement to conduct ballot

The Authority must, as soon as practicable after accepting a CID proposal—

• (a)

  make arrangements to conduct the CID proposal ballot, or

• (b)

  enter into an agreement or other arrangement for one of the following to conduct the CID proposal ballot on the Authority’s behalf—

  • (i)

    the New South Wales Electoral Commissioner,

  • (ii)

    an electoral services provider.

s 11: Ins 2025 (622), Sch 1[2].

12Conduct of CID proposal ballots(1)

The person conducting a CID proposal ballot (the ballot manager) must appoint—

• (a)

  a returning officer, and

• (b)

  a substitute returning officer.

(2)

The returning officer must administer the ballot under the direction of the ballot manager.

(3)

The substitute returning officer must exercise the functions of the returning officer in the absence of the returning officer.

(4)

The returning officer may appoint one or more electoral officials.

(5)

The following persons must not be appointed as a returning officer, substitute returning officer or electoral official—

• (a)

  a member of parliament of a State or the Commonwealth,

• (b)

  a mayor or councillor of a local council,

• (c)

  an officer, employee or agent of a local council,

• (d)

  for a returning officer appointed by an electoral services provider—an employee of a government sector agency or the Government of the Commonwealth,

• (e)

  a member of the proposed CID entity or a person who is eligible for membership in the entity.

(6)

The ballot manager must determine matters relating to the conduct of the ballot that are not provided for by the Act or this regulation.

(7)

The ballot manager, the returning officer and the substitute returning officer must not vote at a ballot conducted under this section.

s 12: Ins 2025 (622), Sch 1[2].

13Returning officer and CID proponent to prepare ballot package(1)

If the Authority accepts a CID proposal, the CID proponent must submit the following documents and information for the CID proposal ballot (the ballot package) to the ballot manager for approval—

• (a)

  draft ballot papers prepared by the returning officer,

• (b)

  the information set out in subsection (3).

(2)

The ballot manager may approve, reject or amend the ballot package.

(3)

The ballot package must include the following information, in plain language—

• (a)

  the name of the CID,

• (b)

  the boundaries of the CID,

• (c)

  an explanation, in plain language, of how the levy for the CID will be calculated, including the following—

  • (i)

    the method to be used for the calculation of the levy,

    Note—

    See section 44 for the permitted methods of calculation.

  • (ii)

    for the proportional value method—the specified proportion of gross land value to be used,

  • (iii)

    for the tiered method—specified tiers of gross land value and the proposed levy to be imposed on every parcel of land within each tier,

• (d)

  a statement that all business land owners and CID businesses in the CID are eligible for free membership in the CID entity,

• (e)

  a statement that—

  • (i)

    a CID proposal expires after 5 years, and

  • (ii)

    another CID proposal ballot is needed to extend the CID levy further,

• (f)

  how to obtain translation services for the information in the ballot package,

• (g)

  where additional information about the CID proposal is publicly available.

s 13: Ins 2025 (622), Sch 1[2].

14Notice of CID proposal ballot(1)

The returning officer for a CID proposal ballot must, as soon as practicable after the returning officer’s appointment, publish notice of the ballot in a way the returning officer is satisfied is likely to bring the ballot to the attention of—

• (a)

  the business land owners in the proposed CID, and

• (b)

  the CID businesses in the proposed CID.

(2)

The notice must include the following information—

• (a)

  the date of the notice,

• (b)

  a summary of the CID proposal, including the proposed services, activities and projects,

• (c)

  a statement that the CID proposal is published on the Authority’s website,

• (d)

  a statement that enrolment is open for the draft roll for the CID proposal ballot,

• (e)

  where the draft roll will be available for inspection,

• (f)

  eligibility criteria for enrolment,

• (g)

  how an application for enrolment or objection against enrolment may be made,

• (h)

  the date of the close of enrolments,

• (i)

  where the approved roll will be available for inspection,

• (j)

  the dates of the opening and close of the ballot.

(3)

The close of enrolments must be—

• (a)

  no earlier than 30 days after the notice is published, and

• (b)

  at least 21 days before the opening of the ballot.

(4)

The close of the ballot must be at least 30 days, or a longer period determined by the Authority, after the close of enrolments.

s 14: Ins 2025 (622), Sch 1[2].

15Advertising holding of ballot(1)

The Authority and the returning officer for a CID proposal ballot must publish, at the times the Authority or returning officer considers appropriate, information for the public in relation to the ballot, including the following—

• (a)

  a summary of the CID proposal,

• (b)

  the fact that a ballot will be held,

• (c)

  eligibility to vote in the ballot.

(2)

The Authority and the returning officer must cause the information to be published—

• (a)

  on the Authority’s or the ballot manager’s website, and

• (b)

  in another way the Authority or returning officer considers necessary to bring the information to the attention of members of the public in the CID.

s 15: Ins 2025 (622), Sch 1[2].

Division 2Approval of roll—the Act, s 13(3)(a)

pt 4, div 2: Ins 2025 (622), Sch 1[2].

16Draft roll(1)

The Authority must give the returning officer the list of the persons who are likely to be entitled to vote in the CID proposal ballot prepared by the CID proponent under the Act, section 9(3)(i).

(2)

The returning officer must use the list to prepare the draft roll.

(3)

The draft roll must include the following information—

• (a)

  the name of each person entitled to vote in the CID proposal ballot in accordance with the Act and this regulation,

• (b)

  whether the person is a business land owner or a CID business.

(4)

The returning officer must make the draft roll available for public inspection by causing it to be published on the Authority’s website.

s 16: Ins 2025 (622), Sch 1[2].

17Multiple business land owners and CID businesses(1)

If the list given to the returning officer shows a parcel of business land in the CID is owned by 2 or more business land owners, the returning officer must—

• (a)

  select, by random draw, one of the business land owners to be included in the draft roll, and

• (b)

  give notice of the selection to the business land owners.

(2)

If the list given to the returning officer shows 2 or more persons operate a business or commercial enterprise in the CID, the returning officer must—

• (a)

  select, by random draw, one of the persons to be the CID business included in the draft roll, and

• (b)

  give notice of the selection to the persons.

Note—

Business land owners and CID businesses may change the person enrolled under this section by an application under section 18.

s 17: Ins 2025 (622), Sch 1[2].

18Application for enrolment(1)

A business land owner or CID business in the CID not included in the draft roll may apply to the returning officer, in the form approved by the Authority, to be enrolled.

Example—

a business land owner or CID business in the CID not included in the draft roll because of the operation of section 17

(2)

An application for enrolment must be made before the close of enrolments.

(3)

The returning officer must enrol the applicant if the returning officer is satisfied—

• (a)

  the applicant—

  • (i)

    is a business land owner in the CID, and

  • (ii)

    if the parcel of business land owned by the business land owner is owned by the applicant and one or more other business land owners—the other business land owners agree to the applicant’s enrolment, or

• (b)

  the applicant—

  • (i)

    is a CID business in the CID, and

  • (ii)

    if the relevant business or commercial enterprise is operated by the applicant and one or more persons—the other persons agree to the applicant’s enrolment.

(4)

The returning officer may request that the applicant give further information before determining the application.

(5)

If the returning officer is not satisfied of the matters set out in subsection (3), the returning officer must—

• (a)

  reject the application, and

• (b)

  give the applicant written notice of the rejection, including the reasons for the rejection.

s 18: Ins 2025 (622), Sch 1[2].

19Objection to inclusion in draft roll(1)

A business land owner or CID business may object to the returning officer, in the form approved by the Authority, about the enrolment of a business land owner or CID business in the draft roll.

(2)

An objection must be made within 30 days after the notice under section 14 is published.

(3)

The returning officer must give particulars of an objection to the person to whom the objection relates.

(4)

The person to whom the objection relates may make a written reply to the returning officer within 7 days after receiving particulars of the objection.

(5)

The returning officer may require a person who makes an objection or a reply to give the returning officer additional information required to determine an objection.

(6)

After considering the objection and the reply, if any, and additional information under subsection (5), if any, the returning officer must—

• (a)

  accept the objection, if the person to whom the objection relates is not a business land owner or CID business in the CID, or

• (b)

  reject the objection.

(7)

If the returning officer accepts the objection, the returning officer must give the person who made the objection and the person to whom the objection relates written notice that the person to whom the objection relates will not be enrolled.

(8)

If the returning officer rejects the objection, the returning officer must give the person who made the objection and the person to whom the objection relates written notice of the rejection, including the reasons for the rejection.

s 19: Ins 2025 (622), Sch 1[2].

20Approved roll(1)

As soon as practicable after the close of enrolments, the returning officer must do the following—

• (a)

  finalise the draft roll,

• (b)

  give the draft roll to the Authority.

(2)

The Authority must, if satisfied that the returning officer has complied with this regulation in the preparation of the roll, approve the roll.

(3)

The approved roll must include the following information—

• (a)

  the name of each person entitled to vote in the CID proposal ballot in accordance with the Act and this regulation,

• (b)

  whether the person is a business land owner or a CID business.

s 20: Ins 2025 (622), Sch 1[2].

21Approved roll must be available for inspection

As soon as practicable after the Authority approves the approved roll for a CID proposal ballot, the Authority must make a copy of the approved roll available for public inspection by causing it to be published on the Authority’s website.

s 21: Ins 2025 (622), Sch 1[2].

Division 3Conduct of CID proposal ballot—the Act, s 13(1)

pt 4, div 3: Ins 2025 (622), Sch 1[2].

22Ballot papers(1)

The returning officer must, as soon as practicable after the Authority approves the approved roll, send the following to each person enrolled—

• (a)

  a ballot paper,

• (b)

  an inner envelope,

• (c)

  an outer envelope.

(2)

The ballot paper must include the following—

• (a)

  the question to be voted on in the poll with the words “YES” and “NO” and appropriate spaces for the person’s answer,

• (b)

  the date by which the ballot paper must be returned,

• (c)

  either of the following—

  • (i)

    the initials of the returning officer or a person authorised by the returning officer to prepare the ballot paper,

  • (ii)

    an official mark,

• (d)

  directions for the person to indicate, on the ballot paper and outer envelope, whether the ballot paper is being completed by a business land owner or by a CID business.

(3)

The ballot papers for business land owners must be a different colour from the ballot papers for CID businesses.

(4)

The ballot paper may include directions the returning officer considers appropriate for—

• (a)

  recording a vote, and

• (b)

  returning the ballot paper to the returning officer.

(5)

The outer envelope for business land owners must be a different colour from the outer envelope for CID businesses.

s 22: Ins 2025 (622), Sch 1[2].

23Duplicate ballot papers(1)

A person who is recorded by the returning officer as having been sent a ballot paper may, before the close of the ballot, request a duplicate ballot paper from the returning officer.

(2)

The request must be accompanied by a statutory declaration verifying—

• (a)

  the person did not receive a ballot paper or the ballot paper received is lost or damaged, and

• (b)

  the person has not voted in the ballot.

(3)

If the returning officer is satisfied of the matters set out in the statutory declaration, the returning officer may, before the close of the ballot, send a duplicate ballot paper and outer envelope to the person if the person has not voted in the ballot.

(4)

The returning officer must keep a record of all duplicate ballot papers sent under this section.

s 23: Ins 2025 (622), Sch 1[2].

24Provisional vote—omission from roll(1)

A person whose name is not included in the approved roll who claims to be eligible to vote in the CID proposal ballot may vote in accordance with this section.

(2)

The person may, before the close of the ballot, request a ballot paper from the returning officer.

(3)

The request must be accompanied by a statutory declaration verifying the following—

• (a)

  the person is a business land owner or CID business in the CID,

• (b)

  the person did not receive a ballot paper,

• (c)

  for a person who is a business land owner—

  • (i)

    no other person owns the parcel of business land owned by the business land owner, or

  • (ii)

    if the parcel of business land is owned with one or more other business land owners—

    • (A)

      none of the other business land owners received a ballot paper in relation to the parcel, and

    • (B)

      the other business land owners agree to the person making the request,

• (d)

  for a CID business—

  • (i)

    no other person operates the relevant business or commercial enterprise, or

  • (ii)

    if the relevant business or commercial enterprise is operated with one or more other persons—

• • • (A)

      none of the other persons received a ballot paper in relation to the business or commercial enterprise, and

    • (B)

      the other persons agree to the person making the request,

• (e)

  the person has not voted in the ballot.

(4)

The returning officer may, before the close of the ballot, give a ballot paper and inner and outer envelope to the person if the returning officer is satisfied the person is eligible to vote in the CID proposal ballot.

(5)

The returning officer must keep a record of all ballot papers sent under this section.

(6)

For the Act, section 13(4), a person given a ballot paper under this section is taken to be enrolled on the approved roll for the ballot.

s 24: Ins 2025 (622), Sch 1[2].

25Recording votes(1)

To vote in a CID proposal ballot by postal voting, a person must do the following—

• (a)

  record a vote on the ballot paper in accordance with the directions on the ballot paper,

• (b)

  place the completed ballot paper in the inner envelope,

• (c)

  seal the inner envelope,

• (d)

  place the inner envelope in the outer envelope,

• (e)

  seal the outer envelope,

• (f)

  record on the back of the outer envelope—

  • (i)

    the person’s full name and address, and

  • (ii)

    the business land owner or CID business whose vote was recorded by the person, and

  • (iii)

    if the person who recorded the vote is not the business land owner or CID business—a statement that the person is authorised by the business land owner or CID business to record the vote on behalf of the business land owner or CID business,

• (g)

  return the outer envelope to the returning officer so the outer envelope is received before the close of the ballot.

(2)

To avoid doubt, where the person entitled to vote in the CID proposal ballot is a corporation, the corporation may authorise an individual to vote on behalf of the corporation.

s 25: Ins 2025 (622), Sch 1[2].

26Reports on progress(1)

The returning officer may report, from time to time or on request by the Authority, on the progress of a CID proposal ballot, including the following—

• (a)

  the number of envelopes received from business land owners and CID businesses,

• (b)

  the proportion that the number of votes received from business land owners and CID businesses is to the number of business land owners and CID businesses enrolled.

(2)

A failure to comply with this section does not invalidate a CID proposal ballot.

s 26: Ins 2025 (622), Sch 1[2].

27Scrutineers(1)

The returning officer may, on the written application of a person who has an interest in the outcome of a CID proposal ballot, appoint the person as a scrutineer for the ballot.

(2)

The returning officer may appoint as many scrutineers for a ballot as the returning officer considers necessary to ensure the proper scrutiny of the ballot.

s 27: Ins 2025 (622), Sch 1[2].

28Rejection of ballot papers(1)

The returning officer must reject an outer envelope if—

• (a)

  the envelope is received—

  • (i)

    unsealed, or

  • (ii)

    after the close of the ballot, or

• (b)

  the information or statement required to be recorded on the back of the outer envelope is missing from the back of the envelope, or

• (c)

  the business land owner or CID business identified on the back of the envelope is not enrolled on the approved roll.

(2)

For all other outer envelopes, the returning officer must draw a line through the name on the approved roll that corresponds to the name on the back of the envelope.

(3)

The returning officer must not open an outer envelope in determining whether to reject the envelope.

s 28: Ins 2025 (622), Sch 1[2].

29Scrutiny of votes(1)

As soon as practicable after the close of the ballot, the returning officer must, in the presence of the appointed scrutineers, scrutinise the votes in the ballot in accordance with this section.

(2)

The returning officer must—

• (a)

  open each outer envelope accepted for scrutiny, and

• (b)

  remove the inner envelope from the outer envelope, and

• (c)

  remove the ballot paper from the inner envelope, and

• (d)

  examine the ballot paper, and

• (e)

  count the votes and determine the result of the ballot.

(3)

The returning officer must reject the following—

• (a)

  all ballot papers in an inner envelope if the envelope contains more than one ballot paper,

• (b)

  ballot papers that do not include—

  • (i)

    the initials of the returning officer or a person authorised by the returning officer to prepare the ballot paper, or

  • (ii)

    an official mark,

• (c)

  ballot papers containing writing or another mark the returning officer considers could enable the voter to be identified,

• (d)

  ballot papers not completed in accordance with the directions shown on the ballot paper.

(4)

The returning officer must not reject a ballot paper for containing writing or another mark that is not authorised or required by this part, other than in the circumstance specified in subsection (3)(c), if the intention of the voter may be ascertained by the returning officer.

(5)

The result of the CID proposal ballot is determined based on the following—

• (a)

  the number of votes accepted in the ballot,

• (b)

  for votes cast by business land owners—

  • (i)

    the number of votes in favour of the CID proposal, and

  • (ii)

    the number of votes against the CID proposal,

• (c)

  for votes cast by CID businesses—

  • (i)

    the number of votes in favour of the CID proposal, and

  • (ii)

    the number of votes against the CID proposal,

• (d)

  the number of votes rejected.

Note—

The Act, section 13(4) provides that a CID proposal is supported by the voters of the CID if the following requirements are met—

• (a)

  a majority of votes cast by business land owners are in favour of the CID proposal where at least 25% of enrolled business land owners in the CID voted in the CID proposal ballot,

• (b)

  a two-thirds majority of votes cast by CID businesses are in favour of the CID proposal where at least 25% of enrolled CID businesses in the CID voted in the CID proposal ballot.

s 29: Ins 2025 (622), Sch 1[2].

30Postponements(1)

The Authority may, by written notice, postpone the following for the period determined by the Authority—

• (a)

  the date the draft roll will be closed to inspection,

• (b)

  the close of enrolments,

• (c)

  the close of the ballot.

(2)

The notice must be published in the same way as the notice for the ballot was published under section 14.

s 30: Ins 2025 (622), Sch 1[2].

31Results of CID proposal ballot

Within 7 days after the close of a CID proposal ballot, the returning officer must do the following—

• (a)

  give the Authority a written declaration of the result of the ballot,

• (b)

  package and secure the ballot papers and other materials used and provided for use at the ballot.

s 31: Ins 2025 (622), Sch 1[2].

32Declaration of results of ballot(1)

A declaration of the results of a CID proposal ballot must—

• (a)

  be signed and dated by the returning officer, and

• (b)

  include the following information—

  • (i)

    the number of votes cast by business land owners in favour of, and against, the CID proposal,

  • (ii)

    the number of votes cast by CID businesses in favour of, and against, the CID proposal,

  • (iii)

    the percentage of enrolled business land owners in the CID, and the percentage of enrolled CID businesses, that voted in the ballot.

(2)

The Authority must display the information included in the declaration on the Authority’s website for at least 1 year after the date of the declaration.

s 32: Ins 2025 (622), Sch 1[2].

33Security of ballot papers(1)

The returning officer must do the following in relation to each package of ballot papers prepared by the returning officer—

• (a)

  label the package with the contents of the package and the closing date of the ballot,

• (b)

  sign and seal the package,

• (c)

  allow a scrutineer who wishes to label and sign the package, if any, to add a label and signature,

• (d)

  give the package to the ballot manager.

(2)

The ballot manager must ensure the packages are kept securely until the latest of the following—

• (a)

  the expiry of 6 months after the close of the ballot,

• (b)

  if proceedings in a court or tribunal relating to the ballot have commenced within the 6-month period—the proceedings have been finally determined,

• (c)

  if the ballot manager has consented to the use of the ballot papers for research or analysis—the research or analysis has concluded.

(3)

The ballot manager may destroy the packages on the expiry of the latest of the periods described in subsection (2).

s 33: Ins 2025 (622), Sch 1[2].

34Offences(1)

The Local Government (General) Regulation 2021, sections 358(1)(a)–(c) and (e), 359, 361, 363–365, 372, 374, 375 and 377 apply, as modified by subsection (2) and with other necessary modifications, in relation to the conduct of a CID proposal ballot in the same way as the provisions apply in relation to a council poll.

(2)

The provisions of the Local Government (General) Regulation 2021 referred to in subsection (1) are modified as follows in relation to the conduct of a CID proposal ballot—

• (a)

  a reference to an election is taken to be a reference to the CID proposal ballot,

• (b)

  a reference to an elector is taken to be a reference to—

  • (i)

    an enrolled business land owner or enrolled CID business, or

  • (ii)

    a person who is an authorised representative of an enrolled business land owner or enrolled CID business for the purpose of recording the vote of the owner or business in a CID proposal ballot,

• (c)

  a reference to a general manager is taken to be a reference to the Authority.

s 34: Ins 2025 (622), Sch 1[2].

Part 5Approval of CID proposal

pt 5: Ins 2025 (622), Sch 1[2].

35Notice of local council decision—the Act, s 14(4)(b)

The notice to the Authority of the decision whether the local council supports the CID proposal or not must—

• (a)

  be in writing, and

• (b)

  be sent by the general manager of the council.

s 35: Ins 2025 (622), Sch 1[2].

36Matters for Authority to consider—the Act, s 15(3)(a) and (8)

The Authority, in making a decision to approve or reject a CID proposal under the Act, section 15(1), must consider the following matters—

• (a)

  legal disputes involving the CID entity or members of the CID entity,

• (b)

  history of unlawful behaviour by the CID entity or members of the CID entity,

• (c)

  financial instability of the CID entity or members of the CID entity,

• (d)

  conduct that reflects adversely on the competence or integrity of members of the CID entity,

• (e)

  other matters, of which the Authority is aware that, in the opinion of the Authority, may make the CID entity an unsuitable body to have responsibility for the services, activities or projects proposed to be delivered in the CID.

s 36: Ins 2025 (622), Sch 1[2].

Part 6CID entities—the Act, ss 18(b), (c), (f) and (g) and 19

pt 6: Ins 2025 (622), Sch 1[2].

37Definitions

In this part—

committee has the same meaning as in the Associations Incorporation Act 2009.

committee member has the same meaning as in the Associations Incorporation Act 2009.

financial year has the same meaning as in the Associations Incorporation Act 2009.

s 37: Ins 2025 (622), Sch 1[2].

38CID entity constitutions(1)

The constitution of a CID entity must include the following—

• (a)

  a code of conduct for members and committee members of the CID entity,

• (b)

  a conflict of interest policy for committee members of the CID entity, including a policy relating to contracts between—

  • (i)

    a committee member and the CID entity, and

  • (ii)

    a person or body related to a committee member or to the CID entity and the CID entity,

• (c)

  a provision prohibiting the payment of remuneration to a committee member of the CID entity,

• (d)

  a provision prohibiting the CID entity from undertaking a service, activity or project referred to in section 42(1) or engaging in an activity referred to in section 42(2).

(2)

For subsection (1)(b)(ii), the conflict of interest policy must include measures in relation to the following—

• (a)

  a spouse, child and other family member of a committee member,

• (b)

  a member of a committee member’s household,

• (c)

  an employer or business partner of a committee member,

• (d)

  an organisation controlled by a committee member or a person referred to in paragraphs (a)–(c), or over which a committee member or a person referred to in paragraphs (a)–(c) is reasonably likely to have significant influence,

• (e)

  another individual, business or organisation reasonably likely to have control or significant influence over the CID entity.

(3)

To avoid doubt, subsection (1)(c) does not prevent the reimbursement of expenses incurred by a committee member in the management of the affairs of the CID entity.

s 38: Ins 2025 (622), Sch 1[2].

39Agreement with local council—the Act, s 18(g)(1)

The CID entity must, as soon as possible, enter into an agreement with each local council whose area is within the boundaries of a CID about how the CID entity and the local council will work together on matters relating to the delivery of the approved CID proposal.

(2)

The agreement must include the following—

• (a)

  contact details of the primary contact person for the CID entity and the local council,

• (b)

  provisions about consultation with, and approval by, the council of services, activities or projects carried out by the CID entity,

• (c)

  a dispute resolution process.

(3)

The CID entity must give a copy of the agreement to the Authority.

s 39: Ins 2025 (622), Sch 1[2].

40CID entity initial report(1)

A CID entity for an approved CID proposal must give to the Authority, within 6 months after the date of approval of the CID proposal, a report including the following information—

• (a)

  a business plan for the CID entity’s first financial year approved by the committee of the CID entity,

• (b)

  a copy of the conflict of interest policy required under section 38(1)(b), with details of conflicts of interest, if any, identified during the period after the date of approval and how the conflicts were managed,

• (c)

  a copy of each agreement required under section 39,

• (d)

  copies of valid insurance certificates, if any, issued to the CID entity,

• (e)

  evidence that the CID entity has caused a website to be established where the following information is publicly available—

  • (i)

    a copy of the approval of the CID proposal,

  • (ii)

    copies of the minutes of general meetings or annual general meetings of the CID entity, if any,

  • (iii)

    a copy of the information referred to in paragraphs (a)–(d),

  • (iv)

    an explanation that business land owners and CID businesses are eligible for free membership of the CID entity and details of how to become a member,

  • (v)

    a link to the Authority’s website.

(2)

The CID entity—

• (a)

  must make a copy of the report publicly available on the CID entity’s website, and

• (b)

  may modify the copy of the report, before publication, to remove information that is personal information.

s 40: Ins 2025 (622), Sch 1[2].

41CID entity annual report(1)

A CID entity for an approved CID proposal must give to the Authority, within 3 months after the end of each financial year, a report including the following information—

• (a)

  a business plan for the CID entity’s current financial year approved by the committee of the CID entity,

• (b)

  a copy of the financial statements for the CID entity for the previous financial year required under the Associations Incorporation Act 2009,

• (c)

  a copy of the auditor’s report for the financial statements, if required under the Associations Incorporation Act 2009,

• (d)

  a copy of the current conflict of interest policy required under section 38(1)(b), with details of conflicts of interest, if any, identified during the previous financial year and how the conflicts were managed,

• (e)

  a copy of each agreement required under section 39,

• (f)

  copies of valid insurance certificates, if any, issued to the CID entity during the previous financial year,

• (g)

  a copy of the register of members of the CID entity at the end of the financial year,

• (h)

  evidence that the CID entity has a website where the following information is publicly available—

  • (i)

    a copy of the approval of the CID proposal,

  • (ii)

    copies of the minutes of general meetings or annual general meetings of the CID entity, if any,

  • (iii)

    a copy of the information referred to in paragraphs (a)–(f),

  • (iv)

    an explanation that business land owners and CID businesses are eligible for free membership of the CID entity and details of how to become a member,

  • (v)

    a link to the Authority’s website.

(2)

Despite subsection (1), if the CID entity for an approved CID proposal gave the Authority a report under section 40 within 6 months before the end of the financial year, the Authority may, by written order, permit the CID to give the report under this section for the financial year at the same time as giving the report for the following financial year.

s 41: Ins 2025 (622), Sch 1[2].

42CID entity operation(1)

A CID entity must not undertake the following in a CID—

• (a)

  a service, activity or project that replaces a service, activity or project undertaken in the CID, without charge to members of the public, by—

  • (i)

    a local council, the Government or the Government of the Commonwealth, or

  • (ii)

    a body that receives funding to deliver the service, activity or project from a local council, the Government or the Government of the Commonwealth,

• (b)

  a service, activity or project that, in the Authority’s opinion, would unreasonably exclude the public from spaces or areas where the public would otherwise have a right of access,

• (c)

  a service, activity or project that promotes a business land owner or CID business to the exclusion of others.

(2)

A CID entity must not engage in the following—

• (a)

  lobbying as or for a third-party lobbyist,

• (b)

  lobbying for purposes unrelated to the CID entity’s objects,

• (c)

  donating to political parties.

(3)

Subject to subsection (4), in subsection (2)—

lobbying has the same meaning as in the Lobbying of Government Officials Act 2011.

objects has the same meaning as in the Associations Incorporation Act 2009.

third-party lobbyist has the same meaning as in the Lobbying of Government Officials Act 2011.

(4)

For the definitions of lobbying and third-party lobbyist, Government official includes a person referred to in the Act, section 17(3).

(5)

To avoid doubt, a service, activity or project undertaken by a CID entity does not replace a service, activity or project undertaken by another body unless the other body ceases undertaking the service, activity or project.

s 42: Ins 2025 (622), Sch 1[2].

43CID entity insolvency(1)

A CID entity or a committee member of a CID entity must notify the Authority as soon as possible if—

• (a)

  the CID entity ceases operations, or

• (b)

  the CID entity becomes insolvent, or

• (c)

  an external administrator is appointed for the CID entity under the Associations Incorporation Act 2009, or

• (d)

  steps are taken to—

  • (i)

    wind up the CID entity, or

  • (ii)

    cancel the CID entity’s registration under the Associations Incorporation Act 2009.

(2)

A notice under subsection (1) must include the following information—

• (a)

  the final date, or expected final date, of operations of the CID entity, if applicable,

• (b)

  if the CID entity will cease operations, details of how the CID entity will comply with the Associations Incorporation Act 2009, section 65(3) or 75(3), including the following—

  • (i)

    the amount of money held by the CID entity paid to it from the CID Levies Fund, if any,

  • (ii)

    other assets held by the CID entity acquired with money paid to it from the CID Levies Fund, if any,

  • (iii)

    the expected date of transfer of the money or assets, if any, to the Authority.

s 43: Ins 2025 (622), Sch 1[2].

Part 7Finance—the Act, ss 22(6), 26(1), 32 and 44

pt 7: Ins 2025 (622), Sch 1[2].

44CID levies

A levy must be calculated by using one of the following methods—

• (a)

  a proportional value method—where the levy is calculated as a proportion of a parcel of land’s gross land value,

• (b)

  a tiered method—where all parcels of land in a CID are sorted into two or more tiers, specified by the CID proposal, according to the parcel’s gross land value and the same levy is imposed on every parcel within the tier.

  Example—

  A CID proposal could specify four tiers with the following gross land value thresholds and amounts—

  • (a)

    for land valued at less than $1,000,000—a $500 levy,

  • (b)

    for land valued at $1,000,000 up to $2,000,000—a $1,000 levy,

  • (c)

    for land valued at $2,000,000 up to $3,000,000—a $1,500 levy,

  • (d)

    for land valued at greater than $3,000,000—a $2,000 levy.

s 44: Ins 2025 (622), Sch 1[2].

45Agreement for payment of levies(1)

The Authority may accept payment of levies due and payable by a person in accordance with an agreement made with the person.

(2)

The Authority may write off or reduce interest accrued on levies if the person complies with the agreement.

s 45: Ins 2025 (622), Sch 1[2].

46Certificate of unpaid levies(1)

A person may apply to the Authority, in the form approved by the Authority, for a certificate as to the amount, if any, due and payable in relation to a parcel of business land for levies imposed under the Act, including—

• (a)

  interest accrued on unpaid levies, and

• (b)

  costs awarded to the Authority by a court in proceedings to recover levies.

(2)

On application under subsection (1), the Authority must issue a certificate stating—

• (a)

  the amount due and payable in relation to the parcel for levies, interest and costs, including an amount that will fall due on the expiry of the period referred to in the Act, section 23(3), or

• (b)

  that no amount is due and payable in relation to the parcel for levies, interest or costs.

(3)

If an amount under subsection (1) is referred to the Chief Commissioner of State Revenue for debt recovery action under the State Debt Recovery Act 2018—

• (a)

  a reference in this section to the amount due and payable in relation to a parcel of business land for levies imposed under the Act includes a reference to the following—

  • (i)

    an amount payable to the Chief Commissioner under the State Debt Recovery Act 2018 as a consequence of the making of a debt recovery order in relation to the amount referred,

  • (ii)

    interest payable under the State Debt Recovery Act 2018, section 85,

  • (iii)

    the costs and expenses payable to the Sheriff under the State Debt Recovery Act 2018, section 89, and

• (b)

  the Chief Commissioner must, on request by the Authority, provide the Authority with the information about the amount payable to the Chief Commissioner the Authority requires to issue a certificate under this section.

s 46: Ins 2025 (622), Sch 1[2].

47Transfer of land subject to levy

A landowner who disposes of land continues to be liable to pay a levy imposed on the land before the land was disposed of.

s 47: Ins 2025 (622), Sch 1[2].

48Subdivision of land subject to levy

If a parcel of land on which a levy is imposed is subdivided, the Authority may, on the recommendation of the Valuer-General, apportion among the created parcels an unpaid amount due and payable in relation to the original parcel for levies imposed under the Act, including—

• (a)

  interest accrued on unpaid levies, and

• (b)

  costs awarded to the Authority by a court in proceedings to recover levies.

s 48: Ins 2025 (622), Sch 1[2].

49CID entity ceases operating(1)

If a CID entity ceases operating before all funds collected for the approved CID proposal have been expended, the Authority must—

• (a)

  determine whether all expenses incurred in connection with the approved CID proposal have been paid, and

• (b)

  pay from the CID Levies Fund, in accordance with the directions of the Minister, expenses incurred in connection with the approved CID proposal that have not been paid.

(2)

If unspent levies remain in the CID Levies Fund after a CID entity ceases operating and all expenses incurred in connection with the approved CID proposal are paid, the Authority must return the unspent amount to the landowners who were subject to the CID levy, in proportion to the amount of levy paid by each landowner.

s 49: Ins 2025 (622), Sch 1[2].

Part 8Miscellaneous

pt 8: Ins 2025 (622), Sch 1[2].

50Land not “government land”

For the Act, section 34(2), the following is declared not to be government land—

• (a)

  land used for residential purposes,

• (b)

  where a parcel of land is used for more than one purpose, any part of the land used for residential purposes.

s 50: Ins 2025 (622), Sch 1[2].

51Production of information and documents—the Act, s 36(2)

A local council that receives a notice from the Authority under the Act, section 36(1) is not required to give the Authority information, or information in a document, if the information, or the information in the document, is personal information.

s 51: Ins 2025 (622), Sch 1[2].

Historical notesTable of amending instruments

Community Improvement Districts Regulation 2025 (629). Enacted as Sch 3 to the Community Improvement Districts Act 2025. Date of commencement, 21.11.2025, sec 2 and 2025 (621) LW 21.11.2025. This Regulation has been amended as follows—

2025 (622) Community Improvement Districts Amendment Regulation 2025. LW 21.11.2025. Date of commencement, 21.11.2025, sec 2.

Table of amendments

Sec 3	Subst 2025 (622), Sch 1[1].
Part 2	Subst 2025 (622), Sch 1[2].
Sec 4	Subst 2025 (622), Sch 1[2].
Sec 5	Subst 2025 (622), Sch 1[2].
Sec 6	Ins 2025 (622), Sch 1[2].
Part 3	Subst 2025 (622), Sch 1[2].
Sec 7	Ins 2025 (622), Sch 1[2].
Sec 8	Ins 2025 (622), Sch 1[2].
Sec 9	Ins 2025 (622), Sch 1[2].
Part 4	Subst 2025 (622), Sch 1[2].
Part 4, Div 1	Ins 2025 (622), Sch 1[2].
Sec 10	Ins 2025 (622), Sch 1[2].
Sec 11	Ins 2025 (622), Sch 1[2].
Sec 12	Ins 2025 (622), Sch 1[2].
Sec 13	Ins 2025 (622), Sch 1[2].
Sec 14	Ins 2025 (622), Sch 1[2].
Sec 15	Ins 2025 (622), Sch 1[2].
Part 4, Div 2	Ins 2025 (622), Sch 1[2].
Sec 16	Ins 2025 (622), Sch 1[2].
Sec 17	Ins 2025 (622), Sch 1[2].
Sec 18	Ins 2025 (622), Sch 1[2].
Sec 19	Ins 2025 (622), Sch 1[2].
Sec 20	Ins 2025 (622), Sch 1[2].
Sec 21	Ins 2025 (622), Sch 1[2].
Part 4, Div 3	Ins 2025 (622), Sch 1[2].
Sec 22	Ins 2025 (622), Sch 1[2].
Sec 23	Ins 2025 (622), Sch 1[2].
Sec 24	Ins 2025 (622), Sch 1[2].
Sec 25	Ins 2025 (622), Sch 1[2].
Sec 26	Ins 2025 (622), Sch 1[2].
Sec 27	Ins 2025 (622), Sch 1[2].
Sec 28	Ins 2025 (622), Sch 1[2].
Sec 29	Ins 2025 (622), Sch 1[2].
Sec 30	Ins 2025 (622), Sch 1[2].
Sec 31	Ins 2025 (622), Sch 1[2].
Sec 32	Ins 2025 (622), Sch 1[2].
Sec 33	Ins 2025 (622), Sch 1[2].
Sec 34	Ins 2025 (622), Sch 1[2].
Part 5	Ins 2025 (622), Sch 1[2].
Sec 35	Ins 2025 (622), Sch 1[2].
Sec 36	Ins 2025 (622), Sch 1[2].
Part 6	Ins 2025 (622), Sch 1[2].
Sec 37	Ins 2025 (622), Sch 1[2].
Sec 38	Ins 2025 (622), Sch 1[2].
Sec 39	Ins 2025 (622), Sch 1[2].
Sec 40	Ins 2025 (622), Sch 1[2].
Sec 41	Ins 2025 (622), Sch 1[2].
Sec 42	Ins 2025 (622), Sch 1[2].
Sec 43	Ins 2025 (622), Sch 1[2].
Part 7	Ins 2025 (622), Sch 1[2].
Sec 44	Ins 2025 (622), Sch 1[2].
Sec 45	Ins 2025 (622), Sch 1[2].
Sec 46	Ins 2025 (622), Sch 1[2].
Sec 47	Ins 2025 (622), Sch 1[2].
Sec 48	Ins 2025 (622), Sch 1[2].
Sec 49	Ins 2025 (622), Sch 1[2].
Part 8	Ins 2025 (622), Sch 1[2].
Sec 50	Ins 2025 (622), Sch 1[2].
Sec 51	Ins 2025 (622), Sch 1[2].