Local Authorities (1991 Elections) Act 1990 (Qld)

1541 LOCAL AUTHOPdTIES (1991 ELECTIONS) ACT N o. 90 of 1990 ANAL YSIS OF CONTENTS 1.1 Short title 1.2 Interpretation PART 1-PRELIMINARY PART 2-SUBSTITUTED DATE FOR ELECTIONS 2.1 Date of 1991 elections under Local Government Act 2.2 Date of 1991 election under City of Brisbane Act PART 3-REPRESENTATION IN CERTAIN LOCAL AUTHORITIES 3.1 Interpretation 3.2 Resolution to adopt proposal or alternative proposal 3.3 Effect of resolution to adopt proposal 3.4 Submission of alternative proposal 3.5 Requirements for representation in alternative proposal 3.6 Director to examine and report on alternative proposal 3.7 Minister to approve or reject alternative proposal 3.8 Effect of approval of alternative proposal 3.9 Effect of rejection of alternative proposal 3.10 Local Authority to be undivided in certain cases 3.11 Composition of Local Authorities 3.12 Effect on divisions for other purposes 3.13 Offence to furnish false or misleading information SCHEDULE I SCHEDULE 2

1542 ANNO TRICESIMO NONO ELIZA ETA SEC AE REGINAE N O . 9 of 1 5 3 0 An Act to provide for the date o f holding triennial elections for Local Authorities in the year 1991, for the variation of divisional arr angements in certain Local Authority Ar eas and of the assignment of members to divisions of certain Local Authority Areas and for related p ur poses [ ASSENTED TO 7TH D ECEMBER, 1990]

Local Authorities (1991 Elections) Act 1990, No. 90 1543 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:- PART 1-PRELIMINARY 1.1 Short title. This Act may be cited as the Local Authorities (1991 Elections) Act 1990. 1.2 Interpretation . This Act is to be read as one with the Local Government Act 1936-1990 and as one with the City of Brisbane Act1924-1990. PART 2-SUBSTITUTED DATE FOR ELECTIONS 2.1 Date of 1991 elections under Local Government Act. Notwithstanding the provisions of section 7 (8) of the Local Government Act 1936-1990, the triennial election of each Council constituting a Local Authority of an Area due to be held under that Act in the year 1991 is to be held on Saturday 23 March 1991 in lieu of the day specified in section 7 (8) of that Act. 2.2 Date of 1991 election under City of BrisbaneAct. Notwithstanding the provisions of section 16 (1) of the City of Brisbane Act 1924-1990, the triennial election of the Mayor and other aldermen due to be held under that Act in the year 1991 is to be held on Saturday 23 March 1991 in lieu of the day specified in section 16 (1) of that Act. PART 3-REPRESENTATION IN CERTAIN LOCAL AUTHORITIES 3.1 Interpretation . In this Part, unless the contrary intention appears- "alternative proposal" means a proposal adopted by a Local Authority for any one or more of the following:- (a) the redivision of its Area for the purposes of Part IV only of the Local Government Act 1936-1990; (b) the abolition of the divisions of its Area for those purposes only; (c) the re-assignment of members to divisions of its Area; (d) the change in the number of members of the Council of the Local Authority; "election" means the triennial election referred to in section 2.1 in respect of a Local Authority; "Local Authority" means a Local Authority referred to in Schedule 1 or Schedule 2; "proposal" in relation to a Local Authority, means- (a) if the Local Authority is referred to in Schedule 1, the proposal for the redivision of its Area for the purposes

1544 Local Authorities (1991 Elections) Act 1990, No. 90 of Part IV only of the Local Government Act 1936-1990 and the re-assignment of members to divisions of its Area; (b) if the Local Authority is referred to in Schedule 2, the proposal for the change in the number of members comprising the Council of the Local Authority (where appropriate) and the re-assignment of members to divisions of its Area; as is specified in the particular Schedule. 3.2 Resolution to adopt proposal or alternative proposal . A Local Authority may- (a) prior to 14 December 1990 resolve to adopt an alternative proposal which may include a resolution to adopt the proposal should the alternative proposal not be approved by the Minister; or (b) prior to 31 December 1990 resolve to adopt the proposal. A resolution for the purposes of complying with this Act may have validly been made before the passing of this Act. 3.3 Effect of resolution to adopt proposal . (1) A Local Authority which resolves prior to 31 December 1990 to adopt the proposal is to advise the Minister forthwith. (2) The Minister is to give notice in the Gazette of any adoption of the proposal. (3) A notice given pursuant to subsection (2) may describe land for the purpose of defining boundaries by reference to the real property description or the metes and bounds of that land or by delineation of that land on a map. (4) Upon publication in the Gazette of the notice of adoption of the proposal by a Local Authority, then for the purposes of the election and from the completion of the, election, its Area is divided for the purposes of Part IV only of the Local Government Act 1936-1990 and the number of members assigned to divisions of its Area is in accordance with the proposal and is to continue as such until subsequently changed pursuant to that Act. 3.4 Submission of alternative proposal. A Local Authority which resolves prior to 14 December 1990 to adopt an alternative proposal is to submit to the Director by that date (or such later date as in the particular case the Minister allows) the alternative proposal which is to be accompanied, where relevant, by- (a) a map of the Area, clearly delineating the proposed divisional boundaries by distinctive symbols, colouring, hatching, or other appropriate means; (b) information on the number of electors in each division, the number of members to be assigned to those divisions and

Local Authorities (1991 Elections) Act 1990, No. 90 1545 the date determined by the Local Authority (pursuant to section 3.5 (3)) for that purpose; (c) certification by the Chairman and the Clerk that the alternative proposal satisfies the requirements of section 3.5; and (d) advice as to whether the Local Authority has resolved to adopt the proposal , should its alternative proposal not be approved by the Minister. 3.5 Requirements for representation in alternative proposal. (1) An alternative proposal , other than one for the abolition of the divisions of an Area, must ensure that, for each member to be elected in any division of the Area, the number of electors- (a) in the case of a Local Authority that is a Shire with an enrolment of electors of less than 10 000, is not more than 20 per cent greater nor more than 20 per cent less than the quota; (b) in any other Local Authority, is not more than 10 per cent greater nor more than 10 per cent less than the quota. (2) For the purposes of subsection (1)- (a) a quota of electors in respect of a Local Authority is the total number of electors in the Area divided by the number of members, excluding the chairman, proposed to be elected; (b) where it is proposed that there be more than one member assigned to a division of an Area, the number of electors in the division for each such member is to be the number of electors in the division divided by the number of members to be assigned to that division. (3) For the purpose of determining the number of electors in an Area or a division, the number of electors is the aggregate number of electors who, on a date determined by the Local Authority (being not earlier than 30 April 1990), were pursuant to the Elections Act, enrolled for all of the existing electoral districts or parts of any electoral district as last constituted under the Electoral Districts Act 1985, which are within the boundaries of the Area or, as the case may be, the division. 3.6 Director to examine and report on alternative proposal. The Director is to examine every alternative proposal duly made and present a report thereon to the Minister as to whether it complies with the provisions of this Act. 3.7 Minister to approve or reject alternative proposal . (1) The Minister is to consider the report prepared by the Director upon an alternative proposal and having regard to that report- (a) if the alternative proposal complies with this Act, approve; or (b) reject; the alternative proposal before 31 December 1990.

1546 Local Authorities (1991 Elections) Act 1990, No. 90 (2) Where the Minister approves an alternative proposal, the Minister is to give notice of approval in the Gazette. (3) A notice of approval given pursuant to subsection (2) may describe land for the purpose of defining boundaries by reference to the real property description or the metes and bounds of that land or by delineation of that land on a map. 3.8 Effect of approval of alternative proposal . Upon publication in the Gazette of the notice of approval of an alternative proposal, the Area of the relevant Local Authority is divided for the purposes of Part IV only of the Local Government Act 1936-1990 or undivided, and the number of members assigned to each division, if divided, is as set out in the alternative proposal for the purposes of and from the completion of the election and continue as such until subsequently changed pursuant to that Act. 3.9 Effect of rejection of alternative proposal. Upon the rejection of an alternative proposal by the Minister- (a) in a case where, with its submission of the alternative proposal, the Local Authority had advised that it had resolved to adopt the proposal if the alternative proposal is rejected, the provisions of section 3.3 apply as if the Local Authority had not resolved to adopt an alternative proposal; (b) in any other case, the provisions of section 3.10 apply as if the Local Authority had failed to adopt the proposal. 3.10 Local Authority to be undivided in certain cases. (1) Where a Local Authority does not adopt the proposal and the Minister before 31 December 1990 has not approved an alternative proposal, the Area of that Local Authority, for the purposes of the election and from the completion of that election becomes undivided for the purposes of Part IV only of the Local Government Act 1936-1990 and continues as such until subsequently changed pursuant to section 5 of that Act. (2) Where a Local Authority becomes undivided pursuant to this section, the Minister is to give notice thereof in the Gazette. (3) A notice given pursuant to subsection (2) may describe land for the purpose of defining boundaries by reference to the real property description or the metes and bounds of that land or by delineation of that land on a map. 3.11 Composition of Local Authorities. The Council of a Local Authority for the purposes of and from the completion of the election is to comprise the chairman and- (a) in a case where a proposal changing the number of other members is adopted, the number of those members as proposed; (b) in a case where the Minister approves an alternative proposal which provides for a change in the number of other members, the number of those members as proposed;

Local Authorities (1991 Elections) Act 1990, No. 90 1547 or (c) in any other case, the number of its other members immediately prior to the passing of this Act; and continues as such until subsequently changed pursuant to the Local Government Act 1936-1990. 3.12 Effect on divisions for other purposes . Where at the passing of this Act the Area of a Local Authority is divided into divisions for purposes in addition to the purposes of Part IV of the Local Government Act 1936-1990 and consequent upon the application of this Act the Area is not divided for the purposes of Part IV or the divisions of the Area of the Local Authority for the purposes of Part IV only do not correspond with the firstmentioned divisions- (a) the firstmentioned divisions continue in force until and including 30 June 1991 for all purposes other than Part IV of that Act; (b) on and from 1 July 1991- (i) if pursuant to this Act the Area is divided, the Local Authority is divided for all purposes under that Act as provided in the proposal or the alternative proposal; or (ii) if pursuant to this Act, the Area is undivided, the Local Authority is undivided for all purposes under that Act; and continues as such until subsequently changed pursuant to the Local Government Act 1936-1990. 3.13 Off ence to furnish false or misleading information . A person is not to furnish to the Director for the purposes of this Act a document that is false or misleading in a material particular whether by the inclusion or omission of information. Penalty: 10 penalty units.

1548 Local Authorities (1991 Elections) Act 1990, No. 90 SCHEDULE 1 PROPOSALS FOR THE REDIVISION OF AND RE-ASSIGNMENT OF MEMBERS TO LOCAL AUTHORITIES Local Authority Proposed Dtoiorvfeniefsuexiormiesntnbsicene ( rg b s y Nfeo D wr iv Nr i o s u i m on bs s eedrs mnDuEeimmxviisbbstieeionrrngsosfof ofoPfmnrDuoemipmvobibsseeierodrns Divisions) Council of the City o 1+2+4 Caloundra 3 5 Council of the Shire of Livingstone 1 2 3+4 Council of the Shire of Mareeba 1+2 3 4 Council of the Shire of Redland 10 11 1+12 2 8+9 7 4+6 3+5 Council of the City of Thuringowa 1 2+3 4 Council of the Shire of Aramac 1 2+5 3+4 Council of the Shire of 1 Barcaldine 2+3 Council, of the Shire of 1+2+4 Belyando 3 5 Council of the Shire of Biggenden 1+2 3 Council of the Shire of Blackall 1+2+3 4 Council of the Shire of Booringa 1 2 3+5 4 Council of the Shire of Bowen 1 2+3+4 5 2+2+2(6) 3 2 24 3 45 1 23 257 3 3+2(5) 2 1 2 + 1 (3) 1 2 35 3 22 12 212 3 1+1(2) 2 4 1 1 5 1 [phone] + 1 (2) 1 8 1+1(2) 2 1 33 2 2+2(4) 1 3 47 1 24 2 1+2(3) 3 3 2+2(4) 2 1 37 2 3+2(5) 1 1 2+2+2(6) 2 2 33 3 37 1 3+3(6) 3 2 36 2+2+2(6) 2 237 35 211 3 1+1(2) 1 4 21 1 24 2 2+2+2(6) .3 323

Local Authorities (1991 Elections) Act 1990, No. 90 1549 SCHEDULE 1-continued PROPOSALS FOR THE REDIVISION OF AND RE-ASSIGNMENT OF MEMBERS TO LOCAL AUTHORITIES- continued Local Authority Council of the Shire of Broadsound Council of the Shire of Calliope Council of the Shire of Carpentaria Council of the Shire of Esk Council of the Shire of Gatton Council of the Shire of Gayndah Council of the Shire of Monto Council of the Shire of Mundubbera Proposed Divisions (by New Numbers Existing Proposed toorfenfeuexrmiesnbticenergs foDr ipvriospioonssed mnDueimmvibbsieeorrnsosfof ofofmnDuemimvbibseierorns Divisions) 1+2+3+4 1 1+3+3+2(9) 3 5 225 6314 1+3 2 4 1 3+2(5) 2 235 312 1 2+3 4 1 26 2 3+2(5) 1 322 1 2+3+4 5 111 2 3+3+2(8) 5 336 1+2 3+4 1 3+3(6) 7 2 3+3(6) 5 1+3 2+4 5 1 1+2(3) 2 2 2+1(3) 2 324 1 2 3+5 4 6 1 12 211 3 1+1(2) 1 411 511 1 2 3+4 5 1 32 232 3 2+2(4) 2 426

1550 Local Authorities (1991 Elections) Act 1990, No. 90 SCHEDULE2 PROPOSALS FOR THE RE-ASSIGNMENT OF MEMBERS OF LOCAL AUTHORITIES Local Authority Divisions (by reference to Existing number numbers of of members of existing Divisions Divisions) Proposed number of members of Division Council of the Shire of Moreton Council of the Shire of Mulgrave Council of the Shire of Noosa Council of the Shire of Pioneer Council of the Shire of Allora Council of the Shire of Balonne Council of the Shire of Banana Council of the Shire of Cambooya Council of the Shire of Chinchilla 1 33 232 332 43 5 1 23 22 1 32 1 445 121 22 1 322 434 534 1 58 232 33 1 1 36 23 1 332 1 36 232 33 1 1 22 222 332 432 5 24 1 46 232 332 121 22 1 321 426 521

Local Authorities (1991 Elections) Act 1990, No. 90 1551 SCHEDULE 2-continued PROPOSALS FOR THE RE-ASSIGNMENT OF MEMBERS OF LOCAL AUTHORITIES -continued Local Authority Divisions (by reference to Existing number numbers of of members of existing Division Divisions) Proposed number of members of Division Council of the Shire of Clifton Council of the Shire of Cloncurry Council of the Shire of Crow's Nest Council of the Shire of Dalrymple Council of the Shire of Duaringa Council of the Shire of Emerald Council of the Shire of Fitzroy Council of the Shire of Flinders Council of the Shire of Isis 1 32 232 335 1 47 23 1 321 1 33 22 1 321 433 5 24 1 34 232 311 41 1 131 231 3 32 438 1 36 232 331 1 32 2 32 332 414 1 32 231 321 437 121 222 321 413 511

1552 Local Authorities (1991 Elections) Act 1990, No. 90 SCHEDULE 2-continued PROPOSALS FOR THE RE-ASSIGNMENT OF MEMBERS OF LOCAL AUTHORITIES-continued Local Authority Divisions (by reference to Existing number numbers of of members of existing Division Divisions) Proposed number of members of Division Council of the Shire of Jericho Council of the Shire of Jondaryan Council of the Shire of Kingaroy Council of the Shire of Laidley Council of the Shire of Longreach Council of the Shire of Mount Morgan Council of the Shire of Murgon Council of the Shire of Murilla Council of the Shire of Murweh Council of the Shire of Nanango 13 22 32 41 13 22 32 43 52 13 23 33 43 12 22 32 42 52 1. 3 23 33 15 23 16 24 12 24 34 13 23 33 43 12 22 32 42 2 1 4 1 3 2 1 1 5 2 2 1 7 3 1 2 2 3 1 1 7 7 1 3 7 4 3 3 2 2 1 7 4 1 1 2

Local Authorities (1991 Elections) Act 1990, No. 90 1553 SCHEDULE 2-continued PROPOSALS FOR THE RE-ASSIGNMENT OF MEMBERS OF LOCAL AUTHORITIES- continued Local Authority Divisions (by reference to Existing number numbers of of members of existing Division Divisions) Proposed number of members of Division Council of the Shire of Nebo Council of the Shire of Peak Downs Council of the Shire of Perry Council of the Shire of Stanthorpe Council of the Shire of Tambo Council of the Shire of Warroo Council of the Shire of Winton Council of the Shire of Woocoo 111 26 3 325 1 22 224 332 42 1 1 24 22 1 32 1 422 123 222 322 42 1 124 22 1 32 1 135 232 332 136 232 33 1 141 236