Local Government Act 1993 (TAS)

Local Government Act 1993

An Act to provide for local government and establish councils to plan for, develop and manage municipal areas in the interests of their communities

[Royal Assent 23 December 1993]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1Preliminary1Short titleThis Act may be cited as the Local Government Act 1993. 2CommencementThis Act commences on a day or days to be proclaimed. 3Interpretation [Section 3 Amended by No. 59 of 1996, s. 3 ] In this Act, unless the contrary intention appears –[Section 3 Amended by No. 47 of 2017, s. 4, Applied:22 Nov 2017] [Section 3 Amended by No. 47 of 2017, s. 4, Applied:22 Nov 2017] absolute majority means – (a) if no councillors are suspended, more than half of the number of councillors to be elected to a council; or (b) if one or more councillors are suspended, more than half of the number of councillors to be elected to a council after subtracting the number of councillors who are suspended; [Section 3 Amended by No. 8 of 2005, s. 4, Applied:01 Jul 2005] [Section 3 Amended by No. 18 of 2021, s. 243, Applied:05 Nov 2021] [Section 3 Amended by No. 18 of 2021, s. 243, Applied:05 Nov 2021] Appeal Tribunal means the Tasmanian Civil and Administrative Tribunal; [Section 3 Amended by No. 52 of 2013, s. 9, Applied:19 Nov 2013] approved means approved by the Tasmanian Electoral Commission; [Section 3 Amended by No. 41 of 1998, s. 4, Applied:18 Dec 1998] [Section 3 Amended by No. 34 of 1999, s. 4, Applied:30 Jun 1999] [Section 3 Amended by No. 8 of 2005, s. 4, Applied:01 Jul 2005] assets, for the purpose of Parts 3 and 12A and section 226A, includes – (a) any real or personal property; and (b) any estates or interests in any real or personal property; and (c) any rights, obligations or liabilities; [Section 3 Amended by No. 47 of 2017, s. 4, Applied:22 Nov 2017] audit panel means the audit panel established under section 85; [Section 3 Amended by No. 8 of 2005, s. 4, Applied:01 Jul 2005] authorised person means a person authorised under section 20A; [Section 3 Amended by No. 52 of 2013, s. 9, Applied:19 Nov 2013] ballot material means – (a) a ballot paper; and (b) instructions for the completion of the ballot paper and the manner in which the ballot paper is to be returned; and (c) the envelope or envelopes to be used for the return of the ballot paper; and (d) statements of candidates; [Section 3 Amended by No. 8 of 2005, s. 4, Applied:01 Jul 2005] Board means the Local Government Board established under section 210; Board of Inquiry means a Board of Inquiry established under section 215; by-election means a by-election held under Division 9 of Part 15; by-laws means by-laws made by a council under Part 11; [Section 3 Amended by No. 8 of 2005, s. 4, Applied:01 Jul 2005] candidate means a person whose nomination for an election under Part 15 has been accepted under section 272; certificate of election means a certificate issued under section 304; [Section 3 Amended by No. 8 of 2005, s. 4, Applied:01 Jul 2005] chief executive officer means, in relation to a single authority or joint authority, the person responsible for the administration and operation of that authority; close associate means a person referred to in section 51; [Section 3 Amended by No. 52 of 2013, s. 9, Applied:19 Nov 2013] closing day means the day referred to in section 268A; [Section 3 Amended by No. 29 of 2015, s. 4, Applied:13 Apr 2016] [Section 3 Amended by No. 23 of 2023, s. 4, Applied:10 Sep 2024] [Section 3 Amended by No. 23 of 2023, s. 4, Applied:10 Sep 2024] code of conduct means the code of conduct made by the Minister, and in force, under section 28R; [Section 3 Amended by No. 29 of 2015, s. 4, Applied:13 Apr 2016] code of conduct complaint means a complaint made under section 28V and, where appropriate, includes a part of such a complaint; [Section 3 Amended by No. 8 of 2005, s. 4, Applied:01 Jul 2005] [Section 3 Amended by No. 29 of 2015, s. 4, Applied:13 Apr 2016] Code of Conduct Panel means the Code of Conduct Panel established under section 28K; community means the community of a municipal area; [Section 3 Amended by No. 34 of 1999, s. 4, Applied:30 Jun 1999] competitive neutrality principles means the national competition policy competitive neutrality principles referred to in clause 3 of the Competition Principles Agreement made between the Commonwealth, the States and the Territories; [Section 3 Amended by No. 34 of 1999, s. 4, Applied:30 Jun 1999] controlling authority means an authority established under section 29; council means a council established under section 18; council committee means a council committee established under section 23; councillor means a person elected to a council and includes the Lord Mayor, Deputy Lord Mayor, mayor, deputy mayor and alderman; [Section 3 Amended by No. 52 of 2013, s. 9, Applied:19 Nov 2013] declaration of a poll means a declaration under section 303; [Section 3 Amended by No. 8 of 2005, s. 4, Applied:01 Jul 2005] deputy mayor includes the Deputy Lord Mayor; Director means the Director of Local Government appointed under section 334; [Section 3 Amended by No. 72 of 2007, Sched. 1, Applied:28 Apr 2008] Director, MPES means the Director, Monetary Penalties Enforcement Service appointed under section 8 of the Monetary Penalties Enforcement Act 2005; [Section 3 Amended by No. 23 of 2023, s. 4, Applied:10 Sep 2024] dispute resolution process, in relation to a council, means the process of resolving a dispute that is performed in accordance with the dispute resolution policy adopted by the council in accordance with section 28JA; [Section 3 Amended by No. 52 of 2013, s. 9, Applied:19 Nov 2013] election agent means a person authorised by the candidate to act as his or her agent in connection with the candidate’s campaign for election; elector means a person entitled to vote in an election or by-election under Part 15; elector poll means a poll conducted under Part 6; [Section 3 Amended by No. 8 of 2005, s. 4, Applied:01 Jul 2005] [Section 3 Amended by No. 52 of 2013, s. 9, Applied:19 Nov 2013] electoral advertising means any advertising, by any of the following means, that is directly or indirectly in respect of a campaign for election by a candidate or intending candidate: (a) any notice, sign or poster; (b) any pamphlet or handbill; (c) any "how-to-vote" card; (d) any print medium; (e) any broadcast by radio or television; (f) [Section 3 Amended by No. 47 of 2017, s. 44, Applied:01 Aug 2018] on the internet; [Section 3 Amended by No. 52 of 2013, s. 9, Applied:19 Nov 2013] electoral area means the municipal area or electoral district in which an election is to be held; [Section 3 Amended by No. 8 of 2005, s. 4, Applied:01 Jul 2005] Electoral Commissioner means the person holding that office under the Electoral Act 2004; electoral district means an electoral district referred to in section 17; [Section 3 Amended by No. 52 of 2013, s. 9, Applied:19 Nov 2013] electoral material means – (a) ballot papers; and (b) declarations under section 284; [Section 3 Amended by No. 52 of 2013, s. 9, Applied:19 Nov 2013] electoral officer means a person appointed as such under section 265; [Section 3 Amended by No. 52 of 2013, s. 9, Applied:19 Nov 2013] electoral officer in charge means an electoral officer appointed under section 265(2) to be in charge of an issuing place; [Section 3 Amended by No. 52 of 2013, s. 9, Applied:19 Nov 2013] electoral roll means a roll kept under section 258; [Section 3 Amended by No. 29 of 2015, s. 4, Applied:13 Apr 2016] Executive Officer means the Executive Officer appointed under section 28M; financial year means a period of 12 months starting on 1 July in one year and ending on 30 June in the next year; [Section 3 Amended by No. 52 of 2013, s. 9, Applied:19 Nov 2013] general manager means the person appointed as such under section 61 and, in Part 15, includes a person nominated under section 253A; [Section 3 Amended by No. 21 of 2000, s. 20, Applied:01 Jul 2000] GST law has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth; [Section 3 Amended by No. 23 of 2023, s. 4, Applied:10 Sep 2024] initial assessor, in relation to a code of conduct complaint, means the person appointed under section 28ZA(1AA) to be the initial assessor for the complaint; [Section 3 Amended by No. 8 of 2005, s. 4, Applied:01 Jul 2005] intending candidate means a person who has publicly declared the intention to nominate for an election under Part 15; [Section 3 Amended by No. 52 of 2013, s. 9, Applied:19 Nov 2013] issuing place means a place appointed under section 263; [Section 3 Amended by No. 23 of 2023, s. 4, Applied:10 Sep 2024] investigating Panel, in respect of a code of conduct complaint, means the panel convened under section 28L to investigate and determine the complaint; [Section 3 Amended by No. 34 of 1999, s. 4, Applied:30 Jun 1999] joint authority means an authority established under section 30; [Section 3 Amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008] legal practitioner means an Australian legal practitioner; [Section 3 Amended by No. 52 of 2013, s. 9, Applied:19 Nov 2013] list of electors means the list prepared under section 261; [Section 3 Amended by No. 34 of 1999, s. 4, Applied:30 Jun 1999] mayor includes the Lord Mayor; [Section 3 Amended by No. 34 of 1999, s. 4, Applied:30 Jun 1999] member means – (a) a member of a special committee or a controlling authority; and (b) a person representing a single authority council or a joint authority council on a single authority or a joint authority; and (c) a member of the board of management of a single authority or a joint authority; [Section 3 Amended by No. 29 of 2015, s. 4, Applied:13 Apr 2016] [Section 3 Amended by No. 23 of 2023, s. 4, Applied:10 Sep 2024] [Section 3 Amended by No. 52 of 2013, s. 9, Applied:19 Nov 2013] municipal area means an area referred to in section 16 and, in Part 15, includes a proposed municipal area; [Section 3 Amended by No. 52 of 2013, s. 9, Applied:19 Nov 2013] [Section 3 Amended by No. 47 of 2017, s. 4, Applied:22 Nov 2017] nomination period means the period beginning at 9 a.m. on the 8th Monday immediately before the closing day and ending at noon on the 6th Monday immediately before the closing day; [Section 3 Amended by No. 52 of 2013, s. 9, Applied:19 Nov 2013] notice of election means the notice of election under section 269; [Section 3 Amended by No. 8 of 2005, s. 4, Applied:01 Jul 2005] ordinary election means an election under Part 15 that is not a by-election; [Section 3 Amended by No. 34 of 1999, s. 4, Applied:30 Jun 1999] [Section 3 Amended by No. 34 of 1999, s. 4, Applied:30 Jun 1999] participating council means a council that, together with one or more councils, establishes a joint authority; [Section 3 Amended by No. 8 of 2005, s. 4, Applied:01 Jul 2005] partner means a partner within the meaning of the Relationships Act 2003; [Section 3 Amended by No. 47 of 2017, s. 4, Applied:22 Nov 2017] performance improvement direction means a direction issued to a council or councillor under section 214M; [Section 3 Amended by No. 52 of 2013, s. 9, Applied:19 Nov 2013] polling period means a period of at least 10 days, excluding any Saturday, Sunday or statutory holiday as defined in the Statutory Holidays Act 2000, ending on closing day; [Section 3 Amended by No. 23 of 2023, s. 4, Applied:10 Sep 2024] prohibited conduct means – (a) discrimination, or prohibited conduct, within the meaning of the Anti-Discrimination Act 1998 that is not the subject to an exception or exemption under Part 5 of that Act; or (b) such other conduct, or behaviour, that is prescribed as prohibited conduct; [Section 3 Amended by No. 41 of 1998, s. 4, Applied:18 Dec 1998] [Section 3 Amended by No. 8 of 2005, s. 4, Applied:01 Jul 2005] proposed municipal area means a municipal area that is to come into existence as a result of an order under section 214E; [Section 3 Amended by No. 8 of 2005, s. 4, Applied:01 Jul 2005] [Section 3 Amended by No. 8 of 2005, s. 4, Applied:01 Jul 2005] public land means public land as specified in section 177A(1); [Section 3 Amended by No. 8 of 2005, s. 4, Applied:01 Jul 2005] public office means – (a) in the case of a municipal area, the place at which a council carries on its administrative activities; or (b) in the case of a proposed municipal area, the place at which a council or councils of that proposed municipal area carry out their administrative activities; rateable land means land in respect of which rates are payable; rates notice means a notice referred to in section 122; [Section 3 Amended by No. 7 of 2011, s. 4, Applied:06 Jun 2011] regulations means the regulations made under this Act; [Section 3 Amended by No. 8 of 2005, s. 4, Applied:01 Jul 2005] relevant period means the period starting on the 30th day before the date of notice of election and ending at the end of the polling period; [Section 3 Amended by No. 52 of 2013, s. 9, Applied:19 Nov 2013] returning officer means a person appointed as such under section 264; [Section 3 Amended by No. 8 of 2005, s. 4, Applied:01 Jul 2005] review means a review carried out by the Board under Part 12A; [Section 3 Amended by No. 52 of 2013, s. 9, Applied:19 Nov 2013] roll closure day means the day on which the electoral roll for an electoral area is closed under section 260; [Section 3 Amended by No. 52 of 2013, s. 9, Applied:19 Nov 2013] scrutineer means a person appointed as such under section 292; simple majority means the majority of councillors of a council present and able to vote at a meeting of the council or council committee; [Section 3 Amended by No. 34 of 1999, s. 4, Applied:30 Jun 1999] single authority means an authority established under section 30; [Section 3 Amended by No. 34 of 1999, s. 4, Applied:30 Jun 1999] single authority council means a council that establishes a single authority; special committee means a special committee established under section 24; [Section 3 Amended by No. 29 of 2015, s. 4, Applied:13 Apr 2016] [Section 3 Amended by No. 19 of 2013, s. 4, Applied:20 Jun 2013] Tasmanian Electoral Commission means the Tasmanian Electoral Commission established by section 6 of the Electoral Act 2004; [Section 3 Amended by No. 8 of 2005, s. 4, Applied:01 Jul 2005] vehicle means a vehicle within the meaning of the Traffic Act 1925 and a bicycle; [Section 3 Amended by No. 8 of 2005, s. 4, Applied:01 Jul 2005] [Section 3 Amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] [Section 3 Amended by No. 8 of 2005, s. 4, Applied:01 Jul 2005] [Section 3 Amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] [Section 3 Amended by No. 8 of 2005, s. 4, Applied:01 Jul 2005] [Section 3 Amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] [Section 3 Amended by No. 8 of 2005, s. 4, Applied:01 Jul 2005] [Section 3 Amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] [Section 3 Amended by No. 8 of 2005, s. 4, Applied:01 Jul 2005] [Section 3 Amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] PART 2.. .. .. .Division 1.. .. .. .4567Division 2.. .. .. .89101112131415Division 3.. .. .. .15A15B15CPART 3Local GovernmentDivision 1Municipal areas and electoral districts16Municipal areas (1)  The State is divided into municipal areas. (2)  [Section 16 Subsection (2) substituted by No. 41 of 1998, s. 10, Applied:18 Dec 1998] A municipal area is an area specified in Column 1 of Schedule 3. (3)  A municipal area includes – (a) any accretion from the sea adjoining it; and (b) [Section 16 Subsection (3) amended by No. 19 of 2017, s. 4, Applied:23 Jun 2017] any part of the sea-shore to the low-water mark adjoining it; and (c) [Section 16 Subsection (3) amended by No. 19 of 2017, s. 4, Applied:23 Jun 2017] any bridge, jetty, wharf, boat-house, or other structure, that – (i) adjoins the municipal area; or (ii) is situated partly within a municipal area and partly on or over an area of the seabed that is adjacent to the municipal area – and any area of land, adjoining the bridge, jetty, wharf, boat-house, or other structure, over which has been granted a right to occupation of the seabed, which right is necessary to enable the use of the bridge, jetty, wharf, boat-house, or other structure. (4)  [Section 16 Subsection (4) amended by No. 8 of 2005, s. 6, Applied:01 Jul 2005] [Section 16 Subsection (4) substituted by No. 41 of 1998, s. 10, Applied:18 Dec 1998] [Section 16 Subsection (4) substituted by No. 47 of 2017, s. 5, Applied:22 Nov 2017] The Minister, on receiving a report on a review made under section 214D that recommends an adjustment of the boundary of a municipal area or the boundary of an electoral district within a municipal area, regardless of whether the adjustment is minor or significant in nature, may recommend to the Governor that an order be made so adjusting that boundary. (4A)  [Section 16 Subsection (4A) inserted by No. 47 of 2017, s. 5, Applied:22 Nov 2017] The Minister – (a) on receiving – (i) from the Board, made otherwise than in a report on a review made under section 214D; or (ii) from the Director – a recommendation that an adjustment, that is minor in nature, be made to the boundary of a municipal area, or the boundary of an electoral district within a municipal area; and (b) if satisfied that all owners of land who would be affected by the adjustment have been consulted by the relevant councils and have consented, in writing, to the adjustment – may recommend to the Governor that an order be made so adjusting that boundary. (5)  [Section 16 Subsection (5) substituted by No. 41 of 1998, s. 10, Applied:18 Dec 1998] [Section 16 Subsection (5) substituted by No. 47 of 2017, s. 5, Applied:22 Nov 2017] The Governor, by order and on the recommendation of the Minister under subsection (4) or (4A), may do one or both of the following: (a) adjust a boundary of a municipal area; (b) if the municipal area is divided into electoral districts, adjust any boundary of any electoral district as may be necessary. (5AA)  [Section 16 Subsection (5AA) inserted by No. 34 of 2018, s. 4, Applied:10 Dec 2018] The Governor, by order, may amend or substitute any item in column 1 of Schedule 3 or substitute that Schedule so as to give effect to an order made under subsection (5). (5A)  [Section 16 Subsection (5A) inserted by No. 41 of 1998, s. 10, Applied:18 Dec 1998] A council affected by an adjustment under subsection (5) is to pay the costs associated with that adjustment. (5B)  [Section 16 Subsection (5B) inserted by No. 41 of 1998, s. 10, Applied:18 Dec 1998] Each municipal area is defined by reference to the relevant plan or plans specified in Column 1 of Schedule 3. (6)  [Section 16 Subsection (6) amended by No. 8 of 2005, s. 6, Applied:01 Jul 2005] [Section 16 Subsection (6) amended by No. 41 of 1998, s. 10, Applied:18 Dec 1998] The Governor, on the recommendation of the Minister, may amend or substitute any item in column 1 of Schedule 3 or substitute that Schedule in an order made under section 214E relating to municipal areas to give effect to that order. 16ACities [Section 16A Inserted by No. 34 of 1999, s. 6, Applied:30 Jun 1999] (1)  A city is an area specified in column 1 of Schedule 3B. (2)  The name of each city is specified in column 2 of Schedule 3B. (3)  A city is defined by reference to the relevant plan specified in column 3 of Schedule 3B. (4)  [Section 16A Subsection (4) amended by No. 8 of 2005, s. 7, Applied:01 Jul 2005] The Governor, on the recommendation of the Minister, may amend or substitute any item in column 1, 2 or 3 of Schedule 3B or substitute that Schedule in an order made under section 214E relating to cities to give effect to that order. 17Electoral districts (1)  A municipal area may be divided into 2 or more electoral districts. (2) The name of each electoral district of a municipal area is specified in column 4 of Schedule 3. (3)  [Section 17 Subsection (3) amended by No. 8 of 2005, s. 8, Applied:01 Jul 2005] The Governor, on the recommendation of the Minister, may amend, substitute or delete any item in column 4 or 5 of Schedule 3 in an order made under section 214E relating to electoral districts to give effect to that order. Division 2Councils18Establishment of councils (1) There is established in each municipal area a council. (2) The name of each council in a municipal area is specified in column 2 of Schedule 3 next to the name of that municipal area. (3)  [Section 18 Subsection (3) substituted by No. 8 of 2005, s. 9, Applied:01 Jul 2005] A meeting of a council is to be conducted in accordance with prescribed procedures. (4)  [Section 18 Subsection (4) amended by No. 8 of 2005, s. 9, Applied:01 Jul 2005] [Section 18 Subsection (4) amended by No. 34 of 1999, s. 7, Applied:30 Jun 1999] The Governor, on the recommendation of the Minister, may amend or substitute column 2 of Schedule 3 or substitute that Schedule in an order made under section 214E relating to councils to give effect to that order. 19Corporation of councils (1) A council is a body corporate with perpetual succession and a common seal. (2) The corporate name of a council – (a) [Section 19 Subsection (2) amended by No. 34 of 1999, s. 8, Applied:30 Jun 1999] in a municipal area in which there is a city, is to contain the name of the city or the name of the municipal area; or (b) in a municipal area which is not a city, is to contain the name of the municipal area. (3) The common seal is to be kept and used as authorized by the council. (4)  [Section 19 Subsection (4) omitted by No. 8 of 2005, s. 10, Applied:01 Jul 2005] .  .  .  .  .  .  .  .   (5) The execution of a document sealed by a council is to be attested by such persons as the council determines. (6)  [Section 19 Subsection (6) amended by No. 8 of 2005, s. 10, Applied:01 Jul 2005] All courts and persons acting judicially must take judicial notice of the common seal on a document and presume that it was duly sealed by a council. 20Functions and powers [Section 20 Subsection (1) amended by No. 38 of 2000, s. 12, Applied:14 Jul 2000] [Section 20 Subsection (3) substituted by No. 34 of 1999, s. 9, Applied:30 Jun 1999] [Section 20 Substituted by No. 8 of 2005, s. 11, Applied:01 Jul 2005] (1) In addition to any functions of a council in this or any other Act, a council has the following functions: (a) to provide for the health, safety and welfare of the community; (b) to represent and promote the interests of the community; (c) to provide for the peace, order and good government of the municipal area. (2) In performing its functions, a council is to consult, involve and be accountable to the community. (3) A council may do anything necessary or convenient to perform its functions either within or outside its municipal area. (4) A council may transfer to a single authority or a joint authority – (a) any of its assets and liabilities on any condition it determines; or (b) any of its employees. (5) A council may – (a) acquire, hold, dispose of and otherwise deal with property; and (b) sue and be sued in its corporate name. 20APowers of entry [Section 20A Inserted by No. 34 of 1999, s. 10, Applied:30 Jun 1999] [Section 20A Substituted by No. 8 of 2005, s. 11, Applied:01 Jul 2005] (1) In order that a council may perform its functions or exercise its powers under this or any other Act, the general manager may authorise a person to enter land for a specific purpose or in general. (2) An authorised person need not be an employee of a council. (3)  The general manager must give notice to the owner or occupier of the land before entry is made under subsection (1) unless – (a) an emergency exists; or (b) the entry is in relation to an application by the owner or occupier for a licence, permit or other approval given by the council; or (c) notice would defeat the purpose of the entry. (4)  A person entering land under this section is to produce the identity card issued to that person under section 20B. (5)  The general manager may revoke an authority under this section. 20BIdentity card [Section 20B Inserted by No. 8 of 2005, s. 11, Applied:01 Jul 2005] (1)  The general manager is to ensure that a person authorised to enter land pursuant to section 20A is issued with an identity card. (2)  An identity card is to – (a) specify the name of the person; and (b) contain a recent photograph of the person; and (c) specify the date of issue; and (d) specify the council or agent of the council that employs the person. (3)  A person whose authority is revoked under section 20A(5) must return his or her identity card to the general manager within 3 days of the revocation.Penalty:  Fine not exceeding 10 penalty units. 21Enterprise powers (1) In carrying out any of its functions, a council may – (a) [Section 21 Subsection (1) amended by No. 34 of 1999, s. 11, Applied:30 Jun 1999] form or participate in the formation and operation of a corporation, trust, partnership or other body; and (b) subscribe for, or otherwise acquire and dispose of, shares in or debentures or other securities of a corporation; and (c) become a member of a company limited by guarantee; and (d) subscribe for, or otherwise acquire and dispose of, units in a trust; and (e) acquire and dispose of an interest in a partnership or other body; and (f) enter into partnership or into any arrangement for sharing of profits, union of interest, cooperation, joint venture, reciprocal concession or otherwise, with any person carrying on, or engaged in, or about to carry on or engage in, any business or transaction capable of being conducted so as to directly or indirectly benefit the community; and (g) undertake a project or activity not directly authorized by this or another Act for the purpose of raising revenue. (1A)  [Section 21 Subsection (1A) inserted by No. 8 of 2005, s. 12, Applied:01 Jul 2005] A motion by a council to exercise any of its powers under subsection (1) must be accompanied by a statement of the objectives of the exercise of that power. (2) A council must obtain the approval of the Minister before exercising any of its powers under subsection (1) if the exercise of that power would – (a) involve an expenditure of at least $250 000 or 5% or more of its general rates revenue for the previous financial year, whichever is the greater; or (b) extend the council’s expenditure required to service its total borrowings to an amount in excess of 30% of its revenue other than grants made to the council for the previous financial year. (3) Before giving an approval, the Minister may require a council to – (a) invite submissions from the public or conduct an elector poll in relation to the proposed exercise of any power; and (b) consider any submissions and the result of an elector poll; and (c) provide any further information the Minister requires. (4)  [Section 21 Subsection (4) inserted by No. 34 of 1999, s. 11, Applied:30 Jun 1999] A council may exercise any power under subsection (1) outside the boundaries of its municipal area if that exercise is consistent with the competitive neutrality principles. (5)  [Section 21 Subsection (5) inserted by No. 8 of 2005, s. 12, Applied:01 Jul 2005] The general manager is to report to the council – (a) at least once every 3 months in respect of the performance of any activities carried out pursuant to subsection (1) and any strategic issues related to those activities; and (b) any adverse developments that significantly affect or are likely to significantly affect the financial viability, the operating viability or any other aspect of any of those activities. 22Delegation by council (1)  [Section 22 Subsection (1) amended by No. 8 of 2005, s. 13, Applied:01 Jul 2005] [Section 22 Subsection (1) amended by No. 34 of 1999, s. 12, Applied:30 Jun 1999] Subject to subsection (2), a council, in writing, may delegate with or without conditions to the general manager, controlling authority, a council committee or a special committee, any of its functions or powers under this or any other Act, other than– (a) this power of delegation, unless authorized by the council; and (b) [Section 22 Subsection (1) amended by No. 34 of 1999, s. 12, Applied:30 Jun 1999] the powers referred to in subsection (3). (2) A council, in writing, may delegate any of the following powers only to the general manager or a council committee and only on condition that the council has determined appropriate policies and procedures to be followed in relation to those powers: (a) [Section 22 Subsection (2) amended by No. 34 of 1999, s. 12, Applied:30 Jun 1999] the collection of rates and charges under Part 9; (ab) [Section 22 Subsection (2) amended by No. 8 of 2005, s. 13, Applied:01 Jul 2005] the postponement of rates and charges; (b) the remission or rebate of rates and charges; (ba) [Section 22 Subsection (2) amended by No. 38 of 2000, s. 13, Applied:14 Jul 2000] the writing off of any debts owed to the council; (c) the making of grants or the provision of benefits. (3) A council must not delegate any of its powers relating to the following: (a) the borrowing of money or other financial accommodation; (b) [Section 22 Subsection (3) amended by No. 34 of 1999, s. 12, Applied:30 Jun 1999] the determination of the categories of expenses payable to councillors and any member of any committee; (c) [Section 22 Subsection (3) amended by No. 8 of 2005, s. 13, Applied:01 Jul 2005] the establishment of council committees, special committees, controlling authorities, single authorities or joint authorities; (d) the revision of the budget or financial estimates of the council; (e) [Section 22 Subsection (3) amended by No. 8 of 2005, s. 13, Applied:01 Jul 2005] the revision of the strategic plan and the annual plan of the council; (f) [Section 22 Subsection (3) amended by No. 8 of 2005, s. 13, Applied:01 Jul 2005] the appointment of the general manager; (fa) [Section 22 Subsection (3) amended by No. 8 of 2005, s. 13, Applied:01 Jul 2005] the sale, donation, exchange or other disposal of land or public land; (fb) [Section 22 Subsection (3) amended by No. 8 of 2005, s. 13, Applied:01 Jul 2005] the decision to exercise any power under section 21(1); (g) the making of by-laws; (h) [Section 22 Subsection (3) amended by No. 34 of 1999, s. 12, Applied:30 Jun 1999] the making of rates and charges under Part 9; (i) any other prescribed power. (4)  The general manager is to – (a) keep a register of any delegation; and (b) make the register available for inspection at a public office. 23Council committees (1) A council may establish, on such terms as it thinks fit, council committees to assist it in carrying out its functions under this or any other Act. (2)  [Section 23 Subsection (2) amended by No. 8 of 2005, s. 14, Applied:01 Jul 2005] A council committee consists of councillors appointed by the council and any councillor who fills a vacancy for a meeting at the request of the council committee. (3)  [Section 23 Subsection (3) substituted by No. 8 of 2005, s. 14, Applied:01 Jul 2005] A meeting of a council committee is to be conducted in accordance with prescribed procedures. 24Special committees (1) A council may establish, on such terms and for such purposes as it thinks fit, special committees. (2) A special committee consists of such persons appointed by the council as the council thinks appropriate. (3) The council is to determine the procedures relating to meetings of a special committee. Division 3Councillors25Constitution of council (1) A council consists of persons elected in accordance with Part 4. (2) A person elected to a city council is a councillor but may be known as an alderman. (3) The number of councillors for each council is specified in column 3 of Schedule 3 next to the name of that council. (4)  [Section 25 Subsection (4) amended by No. 8 of 2005, s. 15, Applied:01 Jul 2005] The Governor, on the recommendation of the Minister, may amend or substitute column 3 of Schedule 3 in an order made under section 214E relating to councils to give effect to that order. (5)  Schedule 5 has effect with respect to the office of councillor. 26Mayors and deputy mayors (1) The chairperson of a council is to be known as – (a) [Section 26 Subsection (1) amended by No. 34 of 1999, s. 13, Applied:30 Jun 1999] in the case of the Hobart City Council or its successor, the Lord Mayor; and (b) in the case of any other council, the mayor. (2) The deputy chairperson of the council is to be known as – (a) [Section 26 Subsection (2) amended by No. 34 of 1999, s. 13, Applied:30 Jun 1999] in the case of the Hobart City Council or its successor, the Deputy Lord Mayor; and (b) in the case of any other council, the deputy mayor. 27Functions of mayors and deputy mayors (1)  [Section 27 Subsection (1) amended by No. 8 of 2005, s. 16, Applied:01 Jul 2005] The functions of a mayor are– (a) [Section 27 Subsection (1) amended by No. 47 of 2017, s. 6, Applied:22 Nov 2017] to act as a leader of the community of the municipal area; and (b) [Section 27 Subsection (1) amended by No. 8 of 2005, s. 16, Applied:01 Jul 2005] [Section 27 Subsection (1) amended by No. 47 of 2017, s. 6, Applied:22 Nov 2017] to carry out the civic and ceremonial functions of the mayoral office; and (c) [Section 27 Subsection (1) amended by No. 47 of 2017, s. 6, Applied:22 Nov 2017] to promote good governance by, and within, the council; and (d) [Section 27 Subsection (1) amended by No. 47 of 2017, s. 6, Applied:22 Nov 2017] to act as chairperson of the council and to chair meetings of the council in a manner that supports decision-making processes; and (e) [Section 27 Subsection (1) amended by No. 47 of 2017, s. 6, Applied:22 Nov 2017] to act as the spokesperson of the council; and (f) [Section 27 Subsection (1) amended by No. 47 of 2017, s. 6, Applied:22 Nov 2017] to represent the council on regional organisations and at intergovernmental forums at regional, state and federal levels; and (g) [Section 27 Subsection (1) amended by No. 47 of 2017, s. 6, Applied:22 Nov 2017] to lead and participate in the appointment, and the monitoring of the performance, of the general manager; and (h) [Section 27 Subsection (1) amended by No. 47 of 2017, s. 6, Applied:22 Nov 2017] to liaise with the general manager on – (i) the activities of the council and the performance and exercise of its functions and powers; and (ii) the activities of the general manager and the performance and exercise of his or her functions and powers in supporting the council; and (i) [Section 27 Subsection (1) amended by No. 47 of 2017, s. 6, Applied:22 Nov 2017] any function imposed by an order under section 27A; and (j) [Section 27 Subsection (1) amended by No. 47 of 2017, s. 6, Applied:22 Nov 2017] any other function imposed by this or any other Act. (aa) [Section 27 Subsection (1) amended by No. 38 of 2000, s. 14, Applied:14 Jul 2000] [Section 27 Subsection (1) amended by No. 47 of 2017, s. 6, Applied:22 Nov 2017] .  .  .  .  .  .  .  .   (ba) [Section 27 Subsection (1) amended by No. 8 of 2005, s. 16, Applied:01 Jul 2005] [Section 27 Subsection (1) amended by No. 47 of 2017, s. 6, Applied:22 Nov 2017] .  .  .  .  .  .  .  .   (1A)  [Section 27 Subsection (1A) inserted by No. 8 of 2005, s. 16, Applied:01 Jul 2005] The mayor or deputy mayor is to represent accurately the policies and decisions of the council in performing the functions of mayor or deputy mayor. (2)  [Section 27 Subsection (2) amended by No. 38 of 2000, s. 14, Applied:14 Jul 2000] The deputy mayor is to act in the position of mayor and exercise the powers and perform the functions of mayor if– (a) [Section 27 Subsection (2) amended by No. 47 of 2017, s. 6, Applied:22 Nov 2017] the mayor is absent from duty as Mayor or from the State, otherwise unavailable for duty as mayor or unable to perform the functions of mayor; and (b) the mayor or the council, by notice in writing, appoints the deputy mayor to act in the position. (2A)  [Section 27 Subsection (2A) inserted by No. 38 of 2000, s. 14, Applied:14 Jul 2000] [Section 27 Subsection (2A) substituted by No. 8 of 2005, s. 16, Applied:01 Jul 2005] The mayor, by notice in writing, may delegate for a specified period – (a) [Section 27 Subsection (2A) amended by No. 47 of 2017, s. 6, Applied:22 Nov 2017] either or both of the functions referred to in subsection (1)(e) and (f) to the deputy mayor, a councillor or the general manager; and (b) [Section 27 Subsection (2A) amended by No. 47 of 2017, s. 6, Applied:22 Nov 2017] any other power or function of the mayor, other than the function referred to in subsection (1)(d), to the deputy mayor. (3)  An appointment under subsection (2) remains in force – (a) for the period specified in the notice; or (b) until sooner revoked. 27AOrder relating to Mayor's functions [Section 27A Inserted by No. 47 of 2017, s. 7, Applied:22 Nov 2017] (1)  The Minister, by order, may do any one or more of the following: (a) clarify the functions of mayor; (b) impose on mayors such functions as the Minister considers appropriate. (2)  The Minister may amend, revoke, or revoke and substitute an order. (3)  Before making, amending or revoking and substituting an order, the Minister must consult with the councils as to the matters the Minister is considering including in the order, the amended order or the substitute order. (4)  An order under this section may be combined with an order under one or more of the following sections: (a) section 28AA; (b) section 62A; (c) section 62B. (5)  Section 47(3), (3A), (4), (5), (6) and (7) of the Acts Interpretation Act 1931 applies to an order under this section as if the order were regulations within the meaning of that Act. (6)  An order under this section is subordinate legislation for the purposes of the Subordinate Legislation Act 1992. 28Functions of councillors [Section 28 Substituted by No. 8 of 2005, s. 17, Applied:01 Jul 2005] (1) A councillor, in the capacity of an individual councillor, has the following functions: (a) to represent the community; (b) to act in the best interests of the community; (c) to facilitate communication by the council with the community; (d) to participate in the activities of the council; (e) to undertake duties and responsibilities as authorised by the council. (2) The councillors of a council collectively have the following functions: (a) to develop and monitor the implementation of strategic plans and budgets; (b) to determine and monitor the application of policies, plans and programs for – (i) the efficient and effective provision of services and facilities; and (ii) the efficient and effective management of assets; and (iii) the fair and equitable treatment of employees of the council; (c) to facilitate and encourage the planning and development of the municipal area in the best interests of the community; (d) to appoint and monitor the performance of the general manager; (e) to determine and review the council’s resource allocation and expenditure activities; (f) to monitor the manner in which services are provided by the council. (3) In performing any function under this Act or any other Act, a councillor must not – (a) direct or attempt to direct an employee of the council in relation to the discharge of the employee’s duties; or (b) perform any function of the mayor without the approval of the mayor. (4) A councillor is to represent accurately the policies and decisions of the council in performing the functions of councillor. 28AAOrder relating to functions of councillors [Section 28AA Inserted by No. 47 of 2017, s. 8, Applied:22 Nov 2017] (1)  The Minister, by order, may clarify the functions of councillors. (2)  The Minister may amend, revoke, or revoke and substitute an order. (3)  Before making, amending or revoking and substituting an order, the Minister must consult with the councils as to the matters the Minister is considering including in the order, the amended order or the substitute order. (4)  An order under this section may be combined with an order under one or more of the following sections: (a) section 27A; (b) section 62A; (c) section 62B. (5)  Section 47(3), (3A), (4), (5), (6) and (7) of the Acts Interpretation Act 1931 applies to an order under this section as if the order were regulations within the meaning of that Act. (6)  An order under this section is subordinate legislation for the purposes of the Subordinate Legislation Act 1992. 28AInformation and documents relating to functions [Section 28A Inserted by No. 8 of 2005, s. 17, Applied:01 Jul 2005] (1) A councillor, in writing, may request the general manager to make available any information or document or a copy of any information or document in the possession of the council that may be required for the purpose of performing any of the councillor’s functions. (2) A councillor who makes a request under subsection (1) is to – (a) state in writing the relevance of the information or document to any of the councillor’s functions; and (b) declare that he or she would not have, or would be unlikely to have, any pecuniary interest in the matter to which the information or document relates if the matter were to be an item on the agenda of a meeting of the council or a council committee. (3) The general manager may refuse the request of a councillor if – (a) the general manager believes that the request would unreasonably extend the resources of the council; or (b) the councillor has declared an interest under section 48; or (c) the councillor has failed or refused to make a declaration under subsection (2)(b); or (d) the general manager considers that the information or document requested is not required for the purpose of performing any of the councillor’s functions. (4) If the general manager refuses the request the general manager is to advise the councillor in writing, stating the reasons for the refusal. (5) The general manager is to make any information or document made available to a councillor under this section available to any other councillor on request. 28BRequirement to make information and documents available [Section 28B Inserted by No. 8 of 2005, s. 17, Applied:01 Jul 2005] (1) A councillor may seek a decision of the council to require the general manager to make information or a document available if the general manager has refused a request under section 28A. (2)  Subsection (1) does not apply to any information or document that, if made available, may disclose information relating to the personal affairs of any person. (3) The general manager is to comply with a requirement made as a result of a decision by the council. 28CConfidentiality undertaking [Section 28C Inserted by No. 8 of 2005, s. 17, Applied:01 Jul 2005] (1) If the general manager considers that the information or document is confidential, the general manager may require the councillor to whom the information or document is to be made available to give an undertaking to keep it confidential. (2) If a councillor refuses or fails to give the undertaking, the general manager may refuse to make the information or document available to the councillor. 28DDocuments relating to agendas [Section 28D Inserted by No. 8 of 2005, s. 17, Applied:01 Jul 2005] (1)  [Section 28D Subsection (1) amended by No. 34 of 2018, s. 5, Applied:10 Dec 2018] [Section 28D Subsection (1) amended by No. 29 of 2015, s. 5, Applied:13 Apr 2016] A councillor, on request, is entitled to be provided with a copy of any document, or information, in the possession of the council that relates directly to an item on the agenda of the next meeting of the council or a council committee. (2)  A request – (a) is to be in writing; and (b) [Section 28D Subsection (2) amended by No. 29 of 2015, s. 5, Applied:13 Apr 2016] is to specify the document, or information, by name or title or subject matter. (3)  [Section 28D Subsection (3) amended by No. 29 of 2015, s. 5, Applied:13 Apr 2016] The general manager is to make any document, or information, that is provided to a councillor under this section available to any other councillor on request. (4)  [Section 28D Subsection (4) amended by No. 29 of 2015, s. 5, Applied:13 Apr 2016] If the general manager considers that a document, or information, is confidential, the general manager may require the councillor to whom the document, or information, is to be provided to give an undertaking to keep it confidential. (4A)  [Section 28D Subsection (4A) inserted by No. 29 of 2015, s. 5, Applied:13 Apr 2016] If the general manager considers that – (a) a document, or information, requested by a councillor contains private and confidential information relating to a person; and (b) that private and confidential information is not relevant to an item on the agenda of a meeting of the council or a council committee – the general manager may provide the document, or information, after redacting or otherwise removing that private and confidential information. (5)  [Section 28D Subsection (5) amended by No. 29 of 2015, s. 5, Applied:13 Apr 2016] The general manager may refuse to provide the councillor with a document, or information, if the councillor – (a) [Section 28D Subsection (5) amended by No. 29 of 2015, s. 5, Applied:13 Apr 2016] has declared an interest under section 48 in relation to a matter covered by the document or information; or (b) refuses or fails to give the undertaking under subsection (4). (6)  [Section 28D Subsection (6) inserted by No. 29 of 2015, s. 5, Applied:13 Apr 2016] The general manager may refuse to provide the councillor with a document, any information or a part of a document or information, if the general manager considers that the document, information or part is not relevant to an item on the agenda of a meeting of the council or a council committee. (7)  [Section 28D Subsection (7) inserted by No. 29 of 2015, s. 5, Applied:13 Apr 2016] If the general manager under subsection (4A) has provided a document, or information, to a councillor after redacting or otherwise removing any private or confidential information the council may direct the general manager to provide the document, or information, to the councillor without redacting or otherwise removing any information from it. (8)  [Section 28D Subsection (8) inserted by No. 29 of 2015, s. 5, Applied:13 Apr 2016] If the general manager under subsection (6) has refused to provide a document, any information or a part of a document or information to a councillor, the council may direct the general manager – (a) to provide the document, information or part to the councillor without redacting or otherwise removing any information from it, information or part under subsection (4A); or (b) to determine under subsection (4A) whether any information in the document, information or part should be redacted or otherwise removed, and then to provide the document, information or part to the councillor, whether with or without any information being so redacted or removed. (9)  [Section 28D Subsection (9) inserted by No. 29 of 2015, s. 5, Applied:13 Apr 2016] The general manager is to comply with a direction of the council given under subsection (8). 28E28F28G28H28I28JIncapacity [Section 28J Inserted by No. 8 of 2005, s. 17, Applied:01 Jul 2005] (1) A prescribed person may apply to a magistrate for an order that a councillor is unable to perform or exercise adequately or competently the functions or powers of a councillor due to the physical or mental incapacity of the councillor. (2)  The magistrate may – (a) grant the order; or (b) refuse to grant the order. (3)  If the magistrate grants the order – (a) the councillor is removed from office with effect from the date of the order; and (b) the office of the councillor is vacant as at that date. Division 3AADispute resolution procedures28JADispute resolution policies [Section 28JA of Part 3 Inserted by No. 23 of 2023, s. 5, Applied:10 Sep 2024] (1) A council must adopt a dispute resolution policy. (2) A dispute resolution policy adopted by a council under subsection (1) is to specify the processes to be followed if there is a dispute as to matters that may be the subject of a code of conduct complaint. (3)  A dispute resolution policy is to – (a) contain the prescribed information; and (b) include the processes to be followed in respect of prescribed matters. (4) The general manager of a council must ensure that a copy of the council’s dispute resolution policy is available – (a) on the website of the council; and (b) on the request of a person. (5) In resolving, or attempting to resolve, disputes in respect of a council, each of the following persons involved in the dispute resolution is to comply with the provisions of the dispute resolution policy adopted by the council under this section: (a) the general manager of the council; (b) a councillor of the council; (c) a council employee of the council; (d) if the complainant participates in the dispute resolution process of the council, the complainant. (6) Each council must adopt a dispute resolution policy under this section within 12 months after this section commences. Division 3ACode of conduct, complaints and complaint resolutionSubdivision 1Code of Conduct Panel and Executive Officer28KCode of Conduct Panel (1)  The Code of Conduct Panel is established. (2)  The Minister is to appoint as members of the Code of Conduct Panel as many of the following persons as the Minister considers appropriate: (a) Australian lawyers; (b) [Section 28K Subsection (2) amended by No. 23 of 2023, s. 6, Applied:10 Sep 2024] persons who have experience in local government but who are not current councillors or employees of any council. (3)  Before appointing persons to be members of the Code of Conduct Panel, the Minister may give notice, in any manner he or she considers appropriate, that persons interested in being members may provide written expressions of interest to the Minister. (4)  Schedule 2A applies in relation to the members of the Code of Conduct Panel. (5)  The instrument of appointment of a member of the Code of Conduct Panel may include conditions of appointment that are not inconsistent with Schedule 2A. (6)  [Section 28K Subsection (6) inserted by No. 23 of 2023, s. 7, Applied:10 Sep 2024] Without limiting the conditions of appointment that may be included in an instrument of appointment under subsection (5), a member of the Code of Conduct Panel must undergo such training in respect of diversity and inclusion as is specified in the instrument of appointment. 28LInvestigating Panel (1)  [Section 28L Subsection (1) amended by No. 23 of 2023, s. 8, Applied:10 Sep 2024] In the investigation and determination of a code of conduct complaint against a councillor, the panel convened to investigate and determine the complaint is to be constituted by 3 members of the Code of Conduct Panel who are selected by the Executive Officer of whom – (a) one is to be an Australian lawyer; and (b) 2 are to be persons who have experience in local government. (2)  [Section 28L Subsection (2) amended by No. 23 of 2023, s. 8, Applied:10 Sep 2024] The chairperson of the panel convened under subsection (1) is a person referred to in subsection (1)(b) who is appointed as chairperson by the Executive Officer. (3)  [Section 28L Subsection (3) inserted by No. 23 of 2023, s. 8, Applied:10 Sep 2024] In constituting a panel under subsection (1) in respect of a code of conduct complaint, the Executive Officer is to consider the training that has been completed by each panel member and may be relevant to the complaint. 28MExecutive Officer (1)  The Secretary of the Department, on behalf of the Crown, is to appoint a person as Executive Officer in relation to the Code of Conduct Panel. (2)  If the Secretary of the Department appoints a State Service officer or a State Service employee as Executive Officer, the following provisions apply: (a) that officer or employee may hold a position or office under the State Service Act 2000 in conjunction with the office of Executive Officer; (b) the State Service Act 2000 does not apply in relation to the office of Executive Officer; (c) that officer or employee is not entitled to receive any remuneration as Executive Officer. (3)  The Executive Officer is appointed for the term, and on the conditions, specified in his or her instrument of appointment. 28NFunctions of Executive OfficerThe Executive Officer has the following functions: (a) administrative functions in relation to the Code of Conduct Panel; (b) the functions specified in his or her instrument of appointment; (c) other functions prescribed by this Act; (d) other functions determined by the Minister. 28OPayment of remuneration and allowances to members of Code of Conduct Panel and Executive Officer (1)  In this section – State-employed Executive Officer means an Executive Officer who is also a State Service officer or State Service employee. (2)  A member of the Code of Conduct Panel is entitled to receive the remuneration and allowances determined by the Minister from time to time. (3)  The remuneration and allowances payable under subsection (2) to a member of the Code of Conduct Panel in relation to a code of conduct complaint and its investigation and determination are payable by the relevant council. (4)  An Executive Officer – (a) who is not a State-employed Executive Officer is entitled to receive the remuneration and allowances determined by the Minister from time to time; or (b) who is a State-employed Executive Officer is entitled to receive only the allowances determined by the Minister from time to time. (5)  The remuneration and allowances payable under subsection (4) to an Executive Officer in relation to a code of conduct complaint and its investigation and determination are payable by the relevant council. (6)  In the case of a State-employed Executive Officer, the remuneration that would be payable to an Executive Officer in relation to a code of conduct complaint were he or she not a State-employed Executive Officer is payable – (a) to the government department in or for which the State-employed Executive Officer is employed in his or her capacity as a State Service officer or State Service employee; and (b) by the relevant council. 28OADisclosure of interest [Section 28OA Inserted by No. 23 of 2023, s. 9, Applied:10 Sep 2024] (1)  If a member of the Code of Conduct Panel has an actual, potential or perceived conflict of interest in a matter, the member must notify the Executive Officer, as soon as practicable, if the matter is relevant to the investigation and determination of a code of conduct complaint. (2)  A notification by a member under subsection (1), in relation to a conflict of interest, is to – (a) specify – (i) the nature of the conflict of interest; and (ii) how the conflict of interest is relevant to the investigation and determination of the relevant code of conduct complaint; and (b) include a statement from the member as to whether the member believes that the conflict of interest prevents, or does not prevent, the member from acting fairly in respect of the investigation and determination of the relevant code of conduct complaint. (3)  The Executive Officer must not appoint a member of the Code of Conduct Panel to be the initial assessor or a member of the investigating Panel, in respect of a code of conduct complaint, if the member – (a) has notified the Executive Officer, under subsection (1), of a conflict of interest that is relevant to the complaint; and (b) has made a statement, under subsection (2)(b), that the conflict of interest would prevent the member from acting fairly in respect of the complaint. (4)  A member of the Code of Conduct Panel who has been appointed as the initial assessor or a member of the investigating Panel, in respect of a code of conduct complaint, must resign from the appointment if the member – (a) has notified the Executive Officer, under subsection (1), of a conflict of interest that is relevant to the complaint; and (b) has made a statement, under subsection (2)(b), that the conflict of interest would prevent the member from acting fairly in respect of the complaint. (5)  The majority of members of an investigating Panel for a code of conduct complaint may remove a member from the Panel (the relevant member) if the majority of members believe that the relevant member has an actual, potential or perceived conflict of interest that is relevant to the complaint. (6)  If the relevant member of an investigating Panel has been removed from the Panel under subsection (5), the most senior remaining member of the investigating Panel is to notify the Executive Officer in writing of the relevant member’s removal from the Panel. (7)  If a member of the Code of Conduct Panel has resigned under subsection (4) from his or her appointment as the initial assessor or a member of the investigating Panel, or has been removed as a member of the investigating Panel under subsection (5), in respect of a code of conduct complaint, the Executive Officer is to – (a) appoint another member of the Code of Conduct Panel to the relevant position; and (b) notify the complainant of the appointment of a replacement member; and (c) if the member has resigned or has been removed as a member of the investigating Panel, notify the other members of that Panel of the appointment of a replacement member to the Panel. 28PRequesting provision of information (1)  Each of the following persons may request, in writing, the Code of Conduct Panel or Executive Officer to provide information and documents relating to the performance of its or his or her functions as specified in the request: (a) the Minister; (b) the Secretary of the Department; (c) the Director; (d) the Board. (2)  The Code of Conduct Panel or Executive Officer is to comply with a request made under subsection (1). 28QProviding information to Code of Conduct PanelIf a person is required to, or may, provide a document to the Code of Conduct Panel or the chairperson of the Code of Conduct Panel, the person may provide it to either the Panel or the Executive Officer. Subdivision 2Code of conduct28RCode of conduct (1)  [Section 28R Subsection (1) amended by No. 23 of 2023, s. 10, Applied:10 Sep 2024] The Minister, by order, is to make a code of conduct relating to the conduct of councillors. (2)  [Section 28R Subsection (2) amended by No. 23 of 2023, s. 10, Applied:10 Sep 2024] The Minister, by order, may amend or revoke and substitute the code of conduct. (3)  [Section 28R Subsection (3) amended by No. 23 of 2023, s. 10, Applied:10 Sep 2024] The Minister is to make a copy of the code of conduct available to each council as soon as practicable after the code of conduct is made, amended or revoked and substituted. 28SContents of code of conduct (1)  [Section 28S Subsection (1) amended by No. 23 of 2023, s. 11, Applied:10 Sep 2024] The code of conduct as made, amended or substituted under section 28R must be consistent with this Act and is to provide for the following matters: (a) what constitutes a conflict of interest for a councillor and the procedure to be followed if a councillor has a conflict of interest; (b) the proper and improper use by a councillor of his or her office with the council; (c) the proper and improper use by a councillor of council resources; (d) the proper and improper use by a councillor of information obtained in his or her office with the council; (e) [Section 28S Subsection (1) amended by No. 23 of 2023, s. 11, Applied:10 Sep 2024] the right of a councillor to receive gifts and benefits and the procedure to be followed by a councillor when receiving gifts and benefits in the situations specified in the code of conduct; (ea) [Section 28S Subsection (1) amended by No. 23 of 2023, s. 11, Applied:10 Sep 2024] that a councillor is not to engage in prohibited conduct in the councillor’s relationships with the community, other councillors and council employees; (f) the appropriate or inappropriate behaviour of a councillor in his or her relationships with the community, other councillors and council employees; (g) the proper and improper manner in which a councillor represents himself or herself as a councillor, and represents the council, to the community; (h) any prescribed matter. (2)  [Section 28S Subsection (2) amended by No. 23 of 2023, s. 11, Applied:10 Sep 2024] The code of conduct may provide for any other matter relating to the conduct of councillors that the Minister considers appropriate and is consistent with this Act. (3)  [Section 28S Subsection (3) inserted by No. 23 of 2023, s. 11, Applied:10 Sep 2024] The general manager of a council is to make a copy of the code of conduct available – (a) for public inspection, free of charge, at the public office of the council during ordinary office hours and on its website; and (b) for purchase at a reasonable charge. 28T28UCompliance with code of conduct [Section 28U Amended by No. 23 of 2023, s. 13, Applied:10 Sep 2024] In performing the functions and exercising the powers of his or her office with a council, a councillor is to comply with the provisions of the code of conduct. Subdivision 3Complaints against councillors28VMaking code of conduct complaint against councillor (1)  [Section 28V Subsection (1) amended by No. 23 of 2023, s. 14, Applied:10 Sep 2024] A person may make a complaint against one councillor in relation to the contravention by the councillor of the code of conduct. (2)  [Section 28V Subsection (2) amended by No. 23 of 2023, s. 14, Applied:10 Sep 2024] A person may make a complaint against more than one councillor in relation to the contravention by the councillors of the code of conduct if all the councillors complained against behaved on a particular occasion in such a manner as to commit the same alleged contravention of the code of conduct. (3)  A complaint is to – (a) be in writing; and (b) state the name and address of the complainant; and (c) state the name of each councillor against whom the complaint is made; and (d) [Section 28V Subsection (3) amended by No. 23 of 2023, s. 14, Applied:10 Sep 2024] state the provision of the code of conduct that the councillor has allegedly contravened; and (e) contain details of the behaviour of each councillor that constitutes the alleged contravention; and (f) be lodged with the general manager of the relevant council within 6 months after the councillor or councillors against whom the complaint is made allegedly committed the contravention of the code of conduct; and (fa) [Section 28V Subsection (3) amended by No. 34 of 2018, s. 6, Applied:10 Dec 2018] be accompanied by a statutory declaration, signed by the complainant or by each complainant, verifying the accuracy of the information contained in the complaint; and (fb) [Section 28V Subsection (3) amended by No. 34 of 2018, s. 6, Applied:10 Dec 2018] contain details of all efforts made by the complainant to resolve the issue that is the subject of the complaint; and (fc) [Section 28V Subsection (3) amended by No. 23 of 2023, s. 14, Applied:10 Sep 2024] if the complainant completed the council’s dispute resolution process in respect of the complaint – (i) contain details of the outcome of that process; and (ii) include the reasons why the complainant is not satisfied with that outcome; and (fd) [Section 28V Subsection (3) amended by No. 23 of 2023, s. 14, Applied:10 Sep 2024] if the complainant did not commence or complete the council’s dispute resolution process in respect of the complaint, contain details of – (i) the attempts made by the complainant, as part of the attempted dispute resolution process, to resolve the issue that is the subject of the complaint; or (ii) why the complainant believes that the dispute resolution process is not appropriate in respect of the complaint; and (g) be accompanied by any prescribed fee. (4)  If the subject matter of a complaint by its nature consists of a series of separate incidents that, taken together, form the subject matter, the period referred to in subsection (3)(f) runs from the most recent of the incidents mentioned in the complaint. (5)  A complaint may not be made by more than 2 complainants jointly. (6)  [Section 28V Subsection (6) inserted by No. 23 of 2023, s. 14, Applied:10 Sep 2024] If a complaint is made under this section by the Director, the Minister may appoint another person to perform the functions, and exercise the powers, of the Director in respect of that complaint. (7)  [Section 28V Subsection (7) inserted by No. 23 of 2023, s. 14, Applied:10 Sep 2024] For the avoidance of doubt, a complainant has complied with subsection (3)(a) if the complainant causes the relevant complaint to be in writing. 28WWithdrawal of or from code of conduct complaint (1)  [Section 28W Subsection (1) amended by No. 23 of 2023, s. 15, Applied:10 Sep 2024] All complainants in a code of conduct complaint, jointly, may withdraw the complaint, at any time before the complaint has been determined by the investigating Panel for the complaint, by notice in writing provided to the general manager or the investigating Panel. (2)  [Section 28W Subsection (2) amended by No. 23 of 2023, s. 15, Applied:10 Sep 2024] If a code of conduct complaint is made by 2 complainants, one of those complainants may withdraw from the complaint, at any time before the complaint has been determined by the investigating Panel for the complaint, by notice in writing provided to the general manager or the investigating Panel. (3)  [Section 28W Subsection (3) amended by No. 23 of 2023, s. 15, Applied:10 Sep 2024] If a notice withdrawing a code of conduct complaint, or withdrawing from a code of conduct complaint, is provided to the general manager after the complaint has been referred to the investigating Panel for the complaint, the general manager is to notify the Executive Officer, in writing, of the withdrawal. (4)  [Section 28W Subsection (4) amended by No. 23 of 2023, s. 15, Applied:10 Sep 2024] On becoming aware of a notice withdrawing a code of conduct complaint or a notice withdrawing from a code of conduct complaint, the investigating Panel for the complaint is to notify the following persons, in writing, of the withdrawal: (a) the general manager, unless the notice was originally provided to him or her under subsection (3); (b) if the councillor against whom the complaint is made has been notified of the complaint, the councillor. 28XAmendment of code of conduct complaint (1)  [Section 28X Subsection (1) amended by No. 23 of 2023, s. 16, Applied:10 Sep 2024] A complainant, in writing provided to the general manager or the investigating Panel for the complaint, may amend a code of conduct complaint at any time before the investigating Panel commences an investigation into the complaint. (2)  [Section 28X Subsection (2) amended by No. 23 of 2023, s. 16, Applied:10 Sep 2024] [Section 28X Subsection (2) amended by No. 34 of 2018, s. 7, Applied:10 Dec 2018] If the investigating Panel for a code of conduct complaint has commenced its investigation into the complaint, a complainant may not amend the complaint. (3)  [Section 28X Subsection (3) amended by No. 23 of 2023, s. 16, Applied:10 Sep 2024] If a notice amending a code of conduct complaint is provided to the general manager after the complaint has been referred to the investigating Panel for the complaint, the general manager is to notify the Executive Officer, in writing, of the amendment. (4)  [Section 28X Subsection (4) amended by No. 23 of 2023, s. 16, Applied:10 Sep 2024] On becoming aware of an amendment to a code of conduct complaint, the investigating Panel for the complaint is to notify the following persons, in writing, of the amendment: (a) the general manager, unless the complainant provided the amendment to the general manager; (b) if the councillor against whom the complaint is made has been notified of the complaint, the councillor. 28YInitial assessment of complaint by general manager (1)  [Section 28Y Subsection (1) amended by No. 23 of 2023, s. 17, Applied:10 Sep 2024] Within 14 days after receiving a code of conduct complaint, a general manager is to assess the complaint to determine whether it meets the requirements of section 28V. (2)  Subsection (1) does not apply if the general manager is the complainant. (3)  [Section 28Y Subsection (3) amended by No. 23 of 2023, s. 17, Applied:10 Sep 2024] If the general manager determines that the code of conduct complaint does not meet the requirements of section 28V, he or she is to return the complaint to the complainant and notify the complainant, in writing and within 14 days after receiving the complaint – (a) that the complaint does not meet the requirements of section 28V for the reasons set out in the notice; and (b) that the complainant may lodge an amended or substituted complaint without payment of a further fee under section 28V(3)(g)  – (i) within the period specified in section 28V for lodging a code of conduct complaint; or (ii) if the complaint is returned to the complainant after the end of that period or less than 14 days before the end of that period, within 14 days after receiving the returned complaint. 28ZReferral of code of conduct complaint by general manager (1)  [Section 28Z Subsection (1) amended by No. 23 of 2023, s. 18, Applied:10 Sep 2024] Within 14 days after both receiving a code of conduct complaint and determining, if required to do so, that the complaint meets the requirements of section 28V, the general manager – (a) if the complaint is against less than half of all the councillors of the council, is to refer the complaint to the Code of Conduct Panel by providing it to the Executive Officer; and (b) if the complaint is against one half or more of all the councillors of the council, is to refer the complaint to the Director. (1A)  [Section 28Z Subsection (1A) inserted by No. 23 of 2023, s. 18, Applied:10 Sep 2024] A referral by the general manager under subsection (1) in respect of a code of conduct complaint is to include copies of all of the documentation held by the council in relation to the dispute resolution process undertaken by the council in respect of the complaint. (2) If a code of conduct complaint is referred to the Director, the Director is to determine whether he or she accepts or refuses to accept the referral and is to notify the general manager of that determination within 28 days after receiving the referral. (3) If the Director fails to notify the general manager as required by subsection (2), the Director is taken to have accepted the referral of the code of conduct complaint. (4) If the Director accepts the referral of the code of conduct complaint – (a) the complaint is taken to be a complaint made to the Director under section 339E and ceases to be a code of conduct complaint; and (b) the Director is to proceed under that section in relation to the complaint. (5)  [Section 28Z Subsection (5) amended by No. 23 of 2023, s. 18, Applied:10 Sep 2024] If the Director refuses to accept the referral of the code of conduct complaint, the general manager, within 14 days after being notified of the refusal under subsection (2), is to refer the complaint to the Code of Conduct Panel by providing it to the Executive Officer. (6)  If a code of conduct complaint is referred to the Code of Conduct Panel, the Executive Officer is to – (a) keep the original complaint or a copy of it; and (b) [Section 28Z Subsection (6) amended by No. 23 of 2023, s. 18, Applied:10 Sep 2024] appoint an initial assessor for the complaint in accordance with section 28ZA. (c) [Section 28Z Subsection (6) amended by No. 23 of 2023, s. 18, Applied:10 Sep 2024] .  .  .  .  .  .  .  .   28ZAInitial assessment of code of conduct complaint (1AA)  [Section 28ZA Subsection (1AA) inserted by No. 23 of 2023, s. 19, Applied:10 Sep 2024] As soon as practicable after receiving a code of conduct complaint referred to the Code of Conduct Panel, the Executive Officer is to – (a) appoint a member of the Panel, who is an Australian lawyer, to be the initial assessor for the complaint; and (b) provide a copy of the complaint to the person so appointed. (1)  [Section 28ZA Subsection (1) amended by No. 23 of 2023, s. 19, Applied:10 Sep 2024] On being appointed to be the initial assessor of a code of conduct complaint, the initial assessor is to do an initial assessment of the complaint to determine whether to do one or more of the following: (a) dismiss the whole complaint; (b) dismiss part of the complaint; (c) refer the whole complaint to another person or authority; (d) refer part of the complaint to another person or authority; (e) determine that the whole complaint is to be investigated and determined by the Code of Conduct Panel; (f) determine that part of the complaint is to be investigated and determined by the Code of Conduct Panel. (2)  [Section 28ZA Subsection (2) amended by No. 23 of 2023, s. 19, Applied:10 Sep 2024] The initial assessment is to be completed within such period as will enable the initial assessor to comply with subsection (3). (3)  [Section 28ZA Subsection (3) amended by No. 23 of 2023, s. 19, Applied:10 Sep 2024] Within 28 days after an initial assessor is appointed under this section in respect of a code of conduct complaint, the initial assessor – (a) [Section 28ZA Subsection (3) amended by No. 23 of 2023, s. 19, Applied:10 Sep 2024] is to notify the Director, the complainant and the general manager, in writing, of the result of the initial assessment and the reasons for it; and (b) [Section 28ZA Subsection (3) amended by No. 23 of 2023, s. 19, Applied:10 Sep 2024] if the initial assessor has determined that the whole or part of the complaint is to be investigated and determined by an investigating Panel, is to – (i) notify the councillor against whom the complaint is made, in writing, of the result of the initial assessment and the reasons for it; and (ii) provide a copy of the complaint to that councillor; and (iii) [Section 28ZA Subsection (3) amended by No. 23 of 2023, s. 19, Applied:10 Sep 2024] provide a copy of the initial assessment of the complaint to the Executive Officer. 28ZBDismissal of code of conduct complaint on initial assessment (1)  [Section 28ZB Subsection (1) amended by No. 23 of 2023, s. 20, Applied:10 Sep 2024] The initial assessor for a code of conduct complaint, on an initial assessment, may dismiss the code of conduct complaint, or part of it, if he or she considers that – (a) [Section 28ZB Subsection (1) amended by No. 34 of 2018, s. 8, Applied:10 Dec 2018] the complaint or part is frivolous, vexatious or trivial; or (ab) [Section 28ZB Subsection (1) amended by No. 34 of 2018, s. 8, Applied:10 Dec 2018] the complainant has not made a reasonable effort to resolve the issue that is the subject of the complaint; or (ac) [Section 28ZB Subsection (1) amended by No. 23 of 2023, s. 20, Applied:10 Sep 2024] the dispute resolution process of the council is a reasonable mechanism to resolve the dispute, but the complainant has not participated, or has not participated satisfactorily, in the dispute resolution process; or (ad) [Section 28ZB Subsection (1) amended by No. 23 of 2023, s. 20, Applied:10 Sep 2024] it is not in the public interest for an investigating Panel to be convened under section 28L to investigate the complaint; or (b) [Section 28ZB Subsection (1) amended by No. 23 of 2023, s. 20, Applied:10 Sep 2024] the complaint or part does not substantially relate to a contravention of the code of conduct; or (c) the complainant has made the complaint or part in contravention of – (i) [Section 28ZB Subsection (1) amended by No. 23 of 2023, s. 20, Applied:10 Sep 2024] a determination of the initial assessor made under subsection (2); or (ii) [Section 28ZB Subsection (1) amended by No. 23 of 2023, s. 20, Applied:10 Sep 2024] a determination of the investigating Panel, for the complaint, made under section 28ZI(3). (1A)  [Section 28ZB Subsection (1A) inserted by No. 23 of 2023, s. 20, Applied:10 Sep 2024] An initial assessor may consider, but is not limited to considering, the following matters when determining under subsection (1)(ad) if it is in the public interest for an investigating Panel to be convened: (a) the nature and seriousness of the alleged conduct to which the complaint relates; (b) the time that has elapsed since the alleged conduct occurred; (c) the availability of evidence and the recollection of any witnesses; (d) the likely degree of culpability, in connection with the alleged conduct, of the councillor to whom the complaint relates; (e) whether the alleged conduct could be of significant public concern; (f) whether the alleged conduct has been, or is being, investigated and dealt with appropriately; (g) the sanctions available to deal with the alleged conduct; (h) whether the alleged conduct may be indicative of, and may expose, entrenched or systemic behaviour. (2)  [Section 28ZB Subsection (2) amended by No. 23 of 2023, s. 20, Applied:10 Sep 2024] [Section 28ZB Subsection (2) amended by No. 34 of 2018, s. 8, Applied:10 Dec 2018] If the initial assessor for a code of conduct complaint dismisses the code of conduct complaint or part of it on the basis that it is frivolous, vexatious or trivial, the initial assessor, in the notice provided under section 28ZA(3), may direct the complainant not to make a further complaint in relation to the same matter unless the complainant provides substantive new information in the further complaint. (3)  [Section 28ZB Subsection (3) inserted by No. 23 of 2023, s. 20, Applied:10 Sep 2024] If the initial assessor for a code of conduct complaint dismisses the complaint, or part of it, on the grounds referred to in subsection (1)(ac), the initial assessor, in the notice provided under section 28ZA(3), may direct the complainant not to make a further complaint in relation to the same matter until – (a) the complainant has participated satisfactorily in the dispute resolution process of the council in relation to the complaint; and (b) the complainant has taken and completed the actions, specified in the notice, as necessary to have participated satisfactorily in the dispute resolution process. 28ZCReferral of code of conduct complaint on initial assessment (1)  [Section 28ZC Subsection (1) amended by No. 23 of 2023, s. 21, Applied:10 Sep 2024] The initial assessor for a code of conduct complaint, on an initial assessment, may refer the code of conduct complaint, or part of it, to any person or other authority that the initial assessor considers appropriate if the initial assessor reasonably considers that – (a) the complaint discloses that an offence may have been committed; or (b) the complaint would be more appropriately dealt with by that other person or authority. (2)  The person or other authority to which the code of conduct complaint is referred – (a) may accept the referral or refuse to accept the referral; and

(b) [Section 28ZC Subsection (2) amended by No. 23 of 2023, s. 21, Applied:10 Sep 2024] is to notify the initial assessor for the code of conduct complaint of that acceptance or refusal within 28 days after receiving the referral. (3)  [Section 28ZC Subsection (3) amended by No. 23 of 2023, s. 21, Applied:10 Sep 2024] If the person or other authority to whom the code of conduct complaint is referred fails to notify initial assessor for the code of conduct complaint as required by subsection (2), the person or authority is taken to have accepted the referral of the code of conduct complaint. (4)  If the person or other authority to whom the code of conduct complaint is referred accepts the referral, the code of conduct complaint ceases to be a code of conduct complaint. (5)  [Section 28ZC Subsection (5) amended by No. 23 of 2023, s. 21, Applied:10 Sep 2024] If the person or other authority to which the code of conduct complaint is referred refuses to accept the referral, the initial assessor for the code of conduct complaint is to do a further initial assessment under section 28ZA within 21 days after being notified of that refusal. (6)  On doing a further initial assessment under section 28ZA as required by subsection (5)  – (a) [Section 28ZC Subsection (6) amended by No. 23 of 2023, s. 21, Applied:10 Sep 2024] the initial assessor is to comply with section 28ZA as if doing a first initial assessment; and (b) [Section 28ZC Subsection (6) amended by No. 23 of 2023, s. 21, Applied:10 Sep 2024] if the initial assessor determined on the original initial assessment to investigate a part of the code of conduct complaint and had notified the councillor against whom the complaint was made of that determination, the initial assessor is to notify the councillor of the result of the further initial assessment in addition to any other notice the initial assessor is required to provide under section 28ZA. 28ZCAConvening of investigating Panel for complaint [Section 28ZCA Inserted by No. 23 of 2023, s. 22, Applied:10 Sep 2024] (1)  If the Executive Officer receives a copy of an initial assessment of a code of conduct complaint under section 28ZA(3)(b)(iii), the Executive Officer is to – (a) convene an investigating Panel under section 28L in respect of the complaint; and (b) provide a copy of the complaint, and the initial assessment of the complaint under section 28ZA, to each member of the investigating Panel. (2)  A person must not be selected to be a member of an investigating Panel convened under section 28L in respect of a code of conduct complaint if the person was the initial assessor in respect of the complaint. 28ZDTime for investigating and determining code of conduct complaint (1)  [Section 28ZD Subsection (1) amended by No. 23 of 2023, s. 23, Applied:10 Sep 2024] The investigating Panel for a code of conduct complaint is to make every endeavour to investigate and determine the complaint – (a) [Section 28ZD Subsection (1) amended by No. 23 of 2023, s. 23, Applied:10 Sep 2024] if the initial assessor for the complaint has determined under section 28ZA to investigate and determine the whole complaint, within 90 days after that determination; or (ab) [Section 28ZD Subsection (1) amended by No. 23 of 2023, s. 23, Applied:10 Sep 2024] if the initial assessor for the complaint has determined under section 28ZA to investigate and determine part of the complaint and dismiss the rest of the complaint, within 90 days after that determination; or (b) [Section 28ZD Subsection (1) amended by No. 23 of 2023, s. 23, Applied:10 Sep 2024] if the initial assessor for the complaint has determined under section 28ZA to investigate and determine part of the complaint but to refer to a person or other authority another part of the complaint, within 120 days after that determination. (2)  [Section 28ZD Subsection (2) amended by No. 23 of 2023, s. 23, Applied:10 Sep 2024] If the investigating Panel for a code of conduct complaint is unable to investigate and determine the complaint, or part of the complaint, within the period specified in subsection (1), the Panel is to include the reasons for that in its written determination made in accordance with section 28ZJ. 28ZEConduct of investigations generally (1)  [Section 28ZE Subsection (1) amended by No. 23 of 2023, s. 24, Applied:10 Sep 2024] In the investigation of a code of conduct complaint, the investigating Panel for the complaint – (a) is to conduct the investigation with as little formality, and as expeditiously, as is reasonably practicable in the particular circumstances; and (b) is not bound by the rules of evidence and may inform itself on any matter in any manner it considers appropriate; and (c) must observe the rules of natural justice; and (d) may regulate its own procedure. (2)  [Section 28ZE Subsection (2) amended by No. 23 of 2023, s. 24, Applied:10 Sep 2024] In the investigation of a code of conduct complaint, the investigating Panel for the complaint may – (a) determine what evidence is required to enable it to determine the complaint; and (b) subject to subsection (3), determine the manner in which it will accept evidence from the complainant, the councillor against whom the complaint is made and any witnesses. (3)  [Section 28ZE Subsection (3) amended by No. 23 of 2023, s. 24, Applied:10 Sep 2024] In an investigation of a code of conduct complaint, the investigating Panel for the complaint may accept evidence given orally on oath or affirmation or by written submissions and documents provided in, or annexed to, a statutory declaration. (3A)  [Section 28ZE Subsection (3A) inserted by No. 23 of 2023, s. 24, Applied:10 Sep 2024] All of the reasonable costs and expenses incurred, in respect of the investigation of a code of conduct complaint, by the investigating Panel for the complaint are payable by the relevant council in respect of the complaint. (4)  [Section 28ZE Subsection (4) amended by No. 23 of 2023, s. 24, Applied:10 Sep 2024] At any time during an investigation of a code of conduct complaint, the investigating Panel for the complaint, in writing, may request the complainant, the councillor against whom the complaint is made, a witness or the relevant council to provide information and documents, or further information and documents (including information, and documents containing information, of a kind referred to in section 338A ), that the Panel considers may be relevant to the determination of the complaint. (5)  A person who has been requested under subsection (4) to provide information and documents, or further information and documents, is to do so within – (a) the period specified in the request; or (b) [Section 28ZE Subsection (5) amended by No. 23 of 2023, s. 24, Applied:10 Sep 2024] such longer period as the investigating Panel for the relevant code of conduct complaint, before the expiration of the period specified in the request, may allow. (5A)  [Section 28ZE Subsection (5A) inserted by No. 34 of 2018, s. 9, Applied:10 Dec 2018] A person who has been requested under subsection (4) to provide any information or document is to provide a statutory declaration verifying the accuracy of that information or document. (6)  [Section 28ZE Subsection (6) amended by No. 23 of 2023, s. 24, Applied:10 Sep 2024] If a council or a councillor in response to a request under subsection (4) provides to the investigating Panel for the relevant code of conduct complaint information, or a document containing information, of a kind referred to in section 338A, a member of the Panel must not disclose that information or document to any person except as otherwise allowed by sections 28ZJ and 28ZK. 28ZFInvestigation of multiple code of conduct complaints against same councillor or multiple councillors (1)  [Section 28ZF Subsection (1) substituted by No. 23 of 2023, s. 25, Applied:10 Sep 2024] If there are a number of code of conduct complaints against the same councillor or different councillors of the same council and the complaints relate to the same contravention of the code of conduct, the Executive Officer may appoint a single initial assessor to do a single initial assessment of all of the complaints. (1A)  [Section 28ZF Subsection (1A) inserted by No. 23 of 2023, s. 25, Applied:10 Sep 2024] If a single initial assessor is appointed under subsection (1) in respect of a number of code of conduct complaints, the initial assessor may make a recommendation to the Executive Officer, as part of the initial assessment of the complaints, that a joint investigation of the complaints be conducted by a single investigating panel. (2)  [Section 28ZF Subsection (2) amended by No. 23 of 2023, s. 25, Applied:10 Sep 2024] The initial assessor for a code of conduct complaint may only make a recommendation under subsection (1A) to conduct a joint investigation after considering the wishes of all complainants and councillors against whom the complaints are made. (3)  [Section 28ZF Subsection (3) substituted by No. 23 of 2023, s. 25, Applied:10 Sep 2024] If an initial assessor for a number of code of conduct complaints makes a recommendation to the Executive Officer under subsection (1A) for a joint investigation to be conducted into the complaints, the Executive Officer – (a) may convene an investigating Panel under section 28L to conduct a joint investigation into all the complaints, if – (i) the complaints are against less than half of the councillors of the relevant council; or (ii) the complaints have been referred to the Director under paragraph (b) and the Director has not accepted the referral; and (b) is to refer the complaints to the Director, if the complaints are against half, or more than half, of the councillors of the relevant council. (4)  [Section 28ZF Subsection (4) amended by No. 23 of 2023, s. 25, Applied:10 Sep 2024] If the Executive Officer refers the code of conduct complaints to the Director, the Director is to determine whether he or she accepts or refuses to accept the referral and is to notify the Executive Officer of that determination within 28 days after receiving the referral. (5)  [Section 28ZF Subsection (5) amended by No. 23 of 2023, s. 25, Applied:10 Sep 2024] If the Director fails to notify the Executive Officer as required by subsection (4), the Director is taken to have accepted the referral of the code of conduct complaints. (6) If the Director accepts the referral of the code of conduct complaints – (a) the complaints are taken to be complaints made to the Director under section 339E and cease to be code of conduct complaints; and (b) the Director is to proceed under that section in relation to the complaints. 28ZGWhen hearing is to be held (1)  [Section 28ZG Subsection (1) amended by No. 23 of 2023, s. 26, Applied:10 Sep 2024] Except as provided by subsection (2), the investigating Panel for a code of conduct complaint is to conduct the investigation of the complaint by means of a hearing. (2)  [Section 28ZG Subsection (2) amended by No. 23 of 2023, s. 26, Applied:10 Sep 2024] The investigating Panel for a code of conduct complaint may determine that the complaint may be investigated without a hearing if it reasonably considers that – (a) neither the complainant nor the councillor against whom the complaint is made will be disadvantaged if a hearing is not held and it is appropriate in the circumstances not to hold a hearing; or (b) a hearing is unnecessary in the circumstances because the investigation can be adequately conducted by means of written submissions or examination of documentary evidence, or both. (3)  [Section 28ZG Subsection (3) amended by No. 23 of 2023, s. 26, Applied:10 Sep 2024] If the investigating Panel for a code of conduct complaint determines not to hold a hearing, the members of the Panel may participate in a meeting of the Panel by telephone, television conference, written communication or any other means of communication approved by the Panel. (4)  [Section 28ZG Subsection (4) amended by No. 23 of 2023, s. 26, Applied:10 Sep 2024] At any time after the investigating Panel for a code of conduct complaint has determined not to hold a hearing, the Panel may determine to hold a hearing in relation to the code of conduct complaint as a whole or to part of the code of conduct complaint. 28ZHHearings (1)  [Section 28ZH Subsection (1) amended by No. 23 of 2023, s. 27, Applied:10 Sep 2024] Subject to this Act, an investigating Panel may regulate the procedure of its hearings. (2)  A hearing – (a) [Section 28ZH Subsection (2) amended by No. 23 of 2023, s. 27, Applied:10 Sep 2024] is to take the form of an inquiry by the investigating Panel for a code of conduct complaint into the matters raised in the complaint that are in dispute; and (b) is not to be adversarial. (3)  [Section 28ZH Subsection (3) amended by No. 23 of 2023, s. 27, Applied:10 Sep 2024] At a hearing, witnesses may be called by the complainant, the councillor against whom the complaint is made and the investigating Panel for the code of conduct complaint. (4)  [Section 28ZH Subsection (4) amended by No. 23 of 2023, s. 27, Applied:10 Sep 2024] Evidence at a hearing is to be taken by the investigating Panel for a code of conduct complaint – (a) on oath or affirmation; and (b) [Section 28ZH Subsection (4) amended by No. 23 of 2023, s. 27, Applied:10 Sep 2024] subject to a requirement of the Panel under subsection (5), may be given orally or in writing. (5)  [Section 28ZH Subsection (5) amended by No. 23 of 2023, s. 27, Applied:10 Sep 2024] The investigating Panel for a code of conduct complaint may require a person, by written notice, to attend a hearing and give evidence in person or provide documents, or both. (6)  [Section 28ZH Subsection (6) amended by No. 23 of 2023, s. 27, Applied:10 Sep 2024] If the investigating Panel for a code of conduct complaint consents, a complainant or councillor against whom the code of conduct complaint is made may be represented at a hearing by an advocate who is not an Australian lawyer. (7)  A hearing is closed to the public. 28ZIDetermination of code of conduct complaint (1)  [Section 28ZI Subsection (1) amended by No. 23 of 2023, s. 28, Applied:10 Sep 2024] After completing its investigation of a code of conduct complaint, the investigating Panel for the complaint is to determine the complaint by – (a) upholding the complaint; or (b) dismissing the complaint; or (c) upholding part of the complaint and dismissing the remainder of the complaint. (2)  [Section 28ZI Subsection (2) amended by No. 23 of 2023, s. 28, Applied:10 Sep 2024] If the code of conduct complaint or part of it is upheld, the investigating Panel for the complaint may impose one or more of the following sanctions on the councillor against whom the complaint is made: (a) a caution; (b) a reprimand; (c) a requirement to apologise to the complainant or other person affected by the contravention of the code of conduct; (d) a requirement to attend counselling or a training course; (e) a suspension from performing and exercising the functions and powers of his or her office as a councillor for a period not exceeding 3 months. (3)  [Section 28ZI Subsection (3) amended by No. 23 of 2023, s. 28, Applied:10 Sep 2024] If the code of conduct complaint or part of it is dismissed, the investigating Panel for the complaint may determine that the complainant may not make a further complaint in relation to the same matter for a period not exceeding 12 months unless the complainant provides substantive new information in the further complaint. 28ZJDetermination report (1)  [Section 28ZJ Subsection (1) amended by No. 23 of 2023, s. 29, Applied:10 Sep 2024] The determination of a code of conduct complaint by the investigating Panel for the complaint under section 28ZI is to be in writing and is to contain – (a) a summary of the complaint; and (b) [Section 28ZJ Subsection (1) amended by No. 23 of 2023, s. 29, Applied:10 Sep 2024] the determination of the Panel; and (c) [Section 28ZJ Subsection (1) amended by No. 23 of 2023, s. 29, Applied:10 Sep 2024] the Panel’s reasons for the determination; and (d) [Section 28ZJ Subsection (1) amended by No. 23 of 2023, s. 29, Applied:10 Sep 2024] if the code of conduct complaint or part of it is upheld and the Panel has imposed a sanction on a councillor, that sanction and a reasonable period within which the councillor is to comply with the sanction; and (e) [Section 28ZJ Subsection (1) amended by No. 23 of 2023, s. 29, Applied:10 Sep 2024] if the code of conduct complaint or part of it is dismissed and the Panel determines under section 28ZI(3) that the complainant may not make a further complaint in relation to the same matter, a direction to the complainant to that effect; and (f) [Section 28ZJ Subsection (1) amended by No. 23 of 2023, s. 29, Applied:10 Sep 2024] a statement that a person aggrieved by the determination of the Panel is entitled, under section 28ZP, to apply to the Magistrates Court (Administrative Appeals Division) for a review of that determination on the ground that the Panel has failed to comply with the rules of natural justice. (1A)  [Section 28ZJ Subsection (1A) inserted by No. 23 of 2023, s. 29, Applied:10 Sep 2024] In the determination report made under subsection (1) in respect of a code of conduct complaint, the investigating Panel for the complaint may recommend that the Director considers making a recommendation to the Minister, under section 214L(1), in respect of matters raised with the investigating Panel during the investigation of the complaint. (2)  [Section 28ZJ Subsection (2) amended by No. 23 of 2023, s. 29, Applied:10 Sep 2024] The determination of a code of conduct complaint must not contain any information of a kind referred to in section 338A but, if the investigating Panel for the complaint considers that any such information is relevant to the report and should be included, it is to include that information in an addendum to the report. 28ZKNotification of determination of code of conduct complaint (1)  In this section – addendum means an addendum to a determination report referred to in section 28ZJ(2); [Section 28ZK Subsection (1) amended by No. 23 of 2023, s. 30, Applied:10 Sep 2024] determination report means the written determination of a code of conduct complaint by the investigating Panel for the complaint as required by section 28ZJ without any addendum. (2)  [Section 28ZK Subsection (2) amended by No. 23 of 2023, s. 30, Applied:10 Sep 2024] Within 28 days after determining a code of conduct complaint, the investigating Panel for the complaint is to provide a copy of its determination report to – (a) each complainant; and (b) each councillor against whom the complaint is made; and (c) the general manager of the relevant council; and (d) the Director. (3)  [Section 28ZK Subsection (3) amended by No. 23 of 2023, s. 30, Applied:10 Sep 2024] If the investigating Panel for a code of conduct complaint has produced an addendum, it is to provide a copy of it to – (a) if the complainant is a councillor, that complainant; and (b) each councillor against whom the complaint is made; and (c) the general manager of the relevant council; and (d) the Director. (4)  [Section 28ZK Subsection (4) amended by No. 34 of 2018, s. 10, Applied:10 Dec 2018] If the general manager receives a determination report but no addendum, the general manager is to ensure that a copy of the determination report is included within an item on the agenda for the first meeting of the relevant council at which it is practicable to do so and which is open to the public. (5)  If the general manager receives a determination report and also an addendum, the general manager is to ensure – (a) [Section 28ZK Subsection (5) amended by No. 34 of 2018, s. 10, Applied:10 Dec 2018] that a copy of the determination report without the addendum is included within an item on the agenda for the first meeting of the relevant council at which it is practicable to do so and which is open to the public; and (b) [Section 28ZK Subsection (5) amended by No. 34 of 2018, s. 10, Applied:10 Dec 2018] that a copy of the determination report with the addendum is included within an item on the agenda for the first meeting of the relevant council at which it is practicable to do so and which is closed to the public. (6)  [Section 28ZK Subsection (6) inserted by No. 34 of 2018, s. 10, Applied:10 Dec 2018] [Section 28ZK Subsection (6) substituted by No. 23 of 2023, s. 30, Applied:10 Sep 2024] Subsections (4) and (5) do not apply in respect of a determination report until – (a) the expiry of the period during which a person may apply to the Magistrates Court (Administrative Appeals Division) for a review of the determination to which the determination report relates; and (b) if an application for such a review is made – (i) the review is completed or dismissed; or (ii) the application is withdrawn. (7)  [Section 28ZK Subsection (7) inserted by No. 34 of 2018, s. 10, Applied:10 Dec 2018] Any person who receives a determination report must keep the determination report confidential until the report is included within an item on the agenda for a meeting of the relevant council.Penalty: Fine not exceeding 50 penalty units. (8)  [Section 28ZK Subsection (8) inserted by No. 34 of 2018, s. 10, Applied:10 Dec 2018] Any person who receives an addendum must keep the addendum confidential.Penalty:  Fine not exceeding 50 penalty units. (9)  [Section 28ZK Subsection (9) inserted by No. 34 of 2018, s. 10, Applied:10 Dec 2018] Subsection (8) does not apply in respect of – (a) the circulation of the addendum to councillors as part of the documents that are provided to the councillors in relation to a meeting referred to in subsection (5); or (ab) [Section 28ZK Subsection (9) amended by No. 23 of 2023, s. 30, Applied:10 Sep 2024] the disclosure of a copy of the determination report with the addendum solely for the purpose of arranging for the report and addendum to be included within an item on the agenda for a meeting of the relevant council; or (b) discussing the addendum with another person to whom the addendum is provided as part of the documents provided in accordance with this section. (10)  [Section 28ZK Subsection (10) inserted by No. 23 of 2023, s. 30, Applied:10 Sep 2024] A person must not disclose a document or report, or any information, if – (a) the document, report or information – (i) relates to a code of conduct complaint or the matters to which a code of conduct complaint relates; and (ii) has been provided to a person by the Executive Officer or an investigating Panel; and (b) the person would not have knowledge, or possession, of the document, report or information had it not been provided to a person referred to in paragraph (a)(ii); and (c) at the time of the disclosure, the determination report, to which the document, report or information relates, has not been included within an item on the agenda for a meeting of the relevant council. Penalty:  Fine not exceeding 50 penalty units. (11)  [Section 28ZK Subsection (11) inserted by No. 23 of 2023, s. 30, Applied:10 Sep 2024] Subsections (7) and (10) do not apply to the disclosure of a document, report or information that relates to a determination report if the disclosure is solely for the purpose of arranging for the determination report to be included on the agenda for a meeting of the council. 28ZLEffect of third suspension (1)  In this section – prescribed period, in relation to a councillor, means – (a) the councillor’s current term of office; or (b) if the councillor is serving the second of 2 consecutive terms of office as a councillor (whether both those terms are with the same council or with different councils), the period consisting of both those terms of office; [Section 28ZL Subsection (1) amended by No. 23 of 2023, s. 31, Applied:10 Sep 2024] [Section 28ZL Subsection (1) amended by No. 17 of 1996, Applied:11 Sep 2024] [Section 28ZL Subsection (1) amended by No. 17 of 1996, Applied:11 Sep 2024] third suspension means the third, or a subsequent, suspension of a councillor if – (a) the suspension is imposed, during the prescribed period – (i) by an investigating Panel under section 28ZI(2)(e); or (ii) by the Minister under section 214O; and (b) the suspension relates, directly or indirectly, to a code of conduct complaint (whether in relation to a contravention of the same provision or different provisions of a code of conduct, or of the same or a different code of conduct). (2)  [Section 28ZL Subsection (2) amended by No. 23 of 2023, s. 31, Applied:10 Sep 2024] If an investigating Panel imposes a third suspension on a councillor, the Panel is to notify the Minister of – (a) that suspension; and (b) the details of each suspension of the councillor during the prescribed period, including details of the provisions of the code of conduct contravened and a summary of the behaviour constituting each of those contraventions. (3)  On receipt of a notice provided under subsection (2), the Minister may remove the councillor from office. 28ZMCouncillor to comply with sanction imposed for contravention of code of conduct (1)  In this section – [Section 28ZM Subsection (1) amended by No. 23 of 2023, s. 32, Applied:10 Sep 2024] determination report means the written determination of a code of conduct complaint by the investigating Panel for the complaint as required by section 28ZJ. (2)  [Section 28ZM Subsection (2) amended by No. 23 of 2023, s. 32, Applied:10 Sep 2024] If, when determining a code of conduct complaint, the investigating Panel for the complaint imposes a sanction on a councillor that requires the councillor to apologise to a person or to attend counselling or a training course, the councillor must comply with that sanction within the period specified in the determination report.Penalty: Fine not exceeding 50 penalty units. (3)  [Section 28ZM Subsection (3) amended by No. 23 of 2023, s. 32, Applied:10 Sep 2024] Within 7 days after a councillor has fully complied with a sanction referred to in subsection (2), the councillor is to – (a) [Section 28ZM Subsection (3) amended by No. 23 of 2023, s. 32, Applied:10 Sep 2024] notify the Executive Officer that the councillor has complied with the sanction; and (b) [Section 28ZM Subsection (3) amended by No. 23 of 2023, s. 32, Applied:10 Sep 2024] provide evidence, to the Executive Officer, of that compliance. (3A)  [Section 28ZM Subsection (3A) inserted by No. 23 of 2023, s. 32, Applied:10 Sep 2024] As soon as practicable after being notified by a councillor under subsection (3) in respect of compliance with a sanction, the Executive Officer is to – (a) notify the Director, in writing, that the councillor has notified the Executive Officer, under subsection (3), in respect of compliance with the sanction; and (b) specify, in the notice, the evidence provided by the councillor under that subsection. (3B)  [Section 28ZM Subsection (3B) inserted by No. 23 of 2023, s. 32, Applied:10 Sep 2024] After being notified by the Executive Officer under subsection (3A) in respect of a councillor’s compliance with a sanction, the Director may require the councillor to provide further evidence, to the satisfaction of the Director, of the councillor’s compliance with the sanction. (4)  [Section 28ZM Subsection (4) amended by No. 23 of 2023, s. 32, Applied:10 Sep 2024] If a councillor fails to comply with a sanction referred to in subsection (2) within the period specified in the determination report, the Executive Officer is to notify the Director, in writing, of that fact. (5)  On receipt of a notice provided under subsection (4), the Director is to deal with the notice as if it were a complaint under section 339E. 28ZNCosts of parties relating to code of conduct complaintThe complainant in a code of conduct complaint and the councillor against whom the complaint is made are to bear their own costs relating to the investigation and determination of the complaint. 28ZNACosts of training to be borne by council [Section 28ZNA Inserted by No. 34 of 2018, s. 11, Applied:10 Dec 2018] (1)  In this section – [Section 28ZNA Subsection (1) amended by No. 23 of 2023, s. 33, Applied:10 Sep 2024] determination report means the written determination of a code of conduct complaint by the investigating Panel for the complaint as required by section 28ZJ. (2) If, as a result of a determination report, a councillor is required to undergo training, the costs associated with that training are to be borne by the relevant council. 28ZORefund of fee accompanying lodgement of code of conduct complaint (1) A council must refund to each complainant who has lodged a code of conduct complaint, in equal shares, any fee paid with the lodgement in accordance with section 28V(3)(g) in any of the following circumstances: (a) [Section 28ZO Amended by No. 23 of 2023, s. 34, Applied:10 Sep 2024] the complaint is referred to the Director under section 28Z(1)(b) and is accepted by the Director; (b) [Section 28ZO Amended by No. 23 of 2023, s. 34, Applied:10 Sep 2024] the whole complaint is referred to a person or other authority on initial assessment under section 28ZA(1)(c) and is accepted by that person or authority; (c) [Section 28ZO Amended by No. 23 of 2023, s. 34, Applied:10 Sep 2024] the whole complaint is withdrawn at any time before it is referred to the Code of Conduct Panel under section 28Z(1)(a); (d) [Section 28ZO Amended by No. 23 of 2023, s. 34, Applied:10 Sep 2024] the complaint or part of the complaint is upheld on determination by the investigating Panel for the complaint; (e) all councillors against whom the complaint is made resign or lose the office of councillor before the complaint is dealt with as specified in paragraph (a), (b), (c) or (d), as the case requires. (2)  [Section 28ZO Subsection (2) inserted by No. 23 of 2023, s. 34, Applied:10 Sep 2024] A refund under subsection (1) is to be made within 30 days after the circumstances, specified in that subsection, that resulted in the refund being payable under this section. Subdivision 4Reviews of investigating Panel decisions28ZPReview of investigating Panel decision [Section 28ZP Amended by No. 23 of 2023, s. 36, Applied:10 Sep 2024] If a person is aggrieved by the determination of a code of conduct complaint by the investigating Panel for the complaint on the ground that the Panel failed to comply with the rules of natural justice – (a) the person may apply to the Magistrates Court (Administrative Appeals Division) for a review of that determination on that ground; and (b) that determination is a reviewable decision for the purposes of the Magistrates Court (Administrative Appeals Division) Act 2001. Division 4Authorities29Controlling authorities [Section 29 Substituted by No. 34 of 1999, s. 14, Applied:30 Jun 1999] (1) A council may establish a controlling authority with the following functions: (a) to carry out any scheme, work or undertaking on behalf of the council; (b) to manage or administer any property or facilities on behalf of the council; (c) to provide facilities or services on behalf of the council; (d) to carry out any other functions on behalf of the council. (2) A council may make provision for – (a) the membership of a controlling authority; and (b) the term of office and remuneration of members of a controlling authority; and (c) the proceedings of a controlling authority; and (d) the powers of a controlling authority; and (e) the rules for the conduct of the business of a controlling authority. (3) A council may remove a person from membership of a controlling authority by resolution of the council. (4) A liability incurred by a controlling authority may be enforced against a controlling authority or the council by which it was established. (5) A council may abolish a controlling authority. (6) If a controlling authority is abolished, its rights and liabilities vest in the council which abolished it. (7) The establishment of a controlling authority under this section does not affect the powers of the council to act in any matter. 30Single and joint authorities [Section 30 Substituted by No. 34 of 1999, s. 14, Applied:30 Jun 1999] (1) A council, by a resolution of an absolute majority, may resolve to establish – (a) a single authority; or (b) a joint authority with one or more other councils. (2)  A single authority or joint authority may be established – (a) to carry out any scheme, work or undertaking; and (b) to provide facilities or services; and (c) to perform any function or exercise any power of a council under this or any other Act. (3)  [Section 30 Subsection (3) omitted by No. 8 of 2005, s. 18, Applied:01 Jul 2005] .  .  .  .  .  .  .  .   31Notice of proposed authority [Section 31 Substituted by No. 34 of 1999, s. 14, Applied:30 Jun 1999] (1)  [Section 31 Subsection (1) amended by No. 8 of 2005, s. 19, Applied:01 Jul 2005] A council that decides to establish a single authority or one of the councils that decides to establish a joint authority is to – (a) publish a notice at least once in a daily newspaper circulating in the relevant municipal area; and (b) display a notice in a conspicuous place in its public office from the date on which the notice is first published until the date specified in the notice. (2)  A notice is to specify the following: (a) the purpose of the proposed authority; (b) the membership of the proposed authority; (c) that a copy of the proposed rules of the authority is open for inspection at the public office; (d) that a copy of the proposed rules may be purchased at a specified price at the public office; (e) [Section 31 Subsection (2) amended by No. 8 of 2005, s. 19, Applied:01 Jul 2005] that written submissions in respect of the authority may be lodged with the general manager of one of the participating councils; (f) the date until which – (i) a copy of the proposed rules may be inspected or purchased; and (ii) submissions may be made. (3)  A date specified under subsection (2)(f) is to be at least 21 days after a notice is first published. (4)  The general manager, as soon as practicable after the notice is first published, must make available – (a) a copy of the proposed rules – (i) to the Director; and (ii) for inspection by the public; and (b) copies of the proposed rules for purchase at a price not exceeding the approximate cost of printing the rules. (5)  [Section 31 Subsection (5) omitted by No. 8 of 2005, s. 19, Applied:01 Jul 2005] .  .  .  .  .  .  .  .   32Approval and certification of rules [Section 32 Substituted by No. 34 of 1999, s. 14, Applied:30 Jun 1999] (1)  After considering any submissions lodged under section 31 and making any alterations to the proposed rules of a proposed single authority or joint authority, a council may approve the proposed rules. (2)  [Section 32 Subsection (2) amended by No. 52 of 2013, s. 10, Applied:19 Nov 2013] [Section 32 Subsection (2) amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008] [Section 32 Subsection (2) amended by No. 8 of 2005, s. 20, Applied:01 Jul 2005] The general manager of one of the participating councils is to cause a copy of the rules approved under subsection (1) to be certified by a legal practitioner as being in accordance with the law. (3)  [Section 32 Subsection (3) inserted by No. 8 of 2005, s. 20, Applied:01 Jul 2005] A council must not approve any proposed rules unless the rules have been certified by – (a) [Section 32 Subsection (3) amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008] a legal practitioner to be in accordance with the law; and (b) the general manager of one of the participating councils to have been made in accordance with this Act. (4)  [Section 32 Subsection (4) inserted by No. 8 of 2005, s. 20, Applied:01 Jul 2005] The general manager of one of the participating councils is to provide the Director with a copy of – (a) [Section 32 Subsection (4) amended by No. 52 of 2013, s. 10, Applied:19 Nov 2013] the rules approved under subsection (1); and (b) any subsequent amendment to those rules. 32AAmendment of rules [Section 32A Inserted by No. 8 of 2005, s. 21, Applied:01 Jul 2005] The provisions of sections 31 and 32 apply to any amendment of rules of a single authority or joint authority. 33Notice of establishment of authority [Section 33 Substituted by No. 34 of 1999, s. 14, Applied:30 Jun 1999] (1)  After approving the proposed rules under section 32, a council, by notice in the Gazette, may – (a) establish a single authority or joint authority; and (b) determine the name by which the authority is to be known. (2)  The notice is to state – (a) that the authority is established on a specified date; and (b) the name of the authority; and (c) the membership of the authority, if it is a joint authority; and (d) the purpose for which the authority is established. 34Body corporate [Section 34 Substituted by No. 34 of 1999, s. 14, Applied:30 Jun 1999] (1)  A single authority or joint authority is a body corporate with perpetual succession and a common seal. (2)  The common seal is to be kept and used as authorised by the rules of the single authority or joint authority. (3)  The execution of a document sealed by a single authority or joint authority is to be attested in accordance with the rules of the authority. (4)  [Section 34 Subsection (4) amended by No. 8 of 2005, s. 22, Applied:01 Jul 2005] All courts and persons acting judicially must take judicial notice of the common seal on a document and presume that it was duly sealed. 35Functions and powers of authority [Section 35 Substituted by No. 34 of 1999, s. 14, Applied:30 Jun 1999] A single authority or joint authority may – (a) acquire, hold, dispose of or otherwise deal with property; and (b) sue and be sued in its corporate name; and (c) perform any function or exercise any power specified in this Act or any other Act or in its rules. 35AAdverse developments [Section 35A Inserted by No. 8 of 2005, s. 23, Applied:01 Jul 2005] A single authority or joint authority must notify as soon as practicable the single authority council or participating councils of any development which, in its opinion, may – (a) significantly affect the financial viability or operating ability of the authority; or (b) otherwise significantly affect the authority in an adverse manner. 36Operating outside municipal areas [Section 36 Substituted by No. 34 of 1999, s. 14, Applied:30 Jun 1999] (1) A single authority or joint authority may perform its functions and exercise its powers outside the boundaries of the municipal area or areas of the relevant single authority council or participating councils if – (a) the rules of the authority permit; and (b) that exercise is in accordance with the competitive neutrality principles. (2)  Subsection (1) does not apply to regulatory powers and powers of entry under this or any other Act. 36AAnnual reports of authorities [Section 36A Inserted by No. 8 of 2005, s. 24, Applied:01 Jul 2005] (1) A single authority or joint authority must submit an annual report to the single authority council or participating councils. (2)  The annual report of a single authority or joint authority is to include – (a) a statement of its activities during the preceding financial year; and (b) a statement of its performance in relation to the goals and objectives set for the preceding financial year; and (c) the financial statements for the preceding financial year; and (d) a copy of the audit opinion for the preceding financial year; and (e) any other information it considers appropriate or necessary to inform the single authority council or participating councils of its performance and progress during the financial year. 36BQuarterly reports of authorities [Section 36B Inserted by No. 8 of 2005, s. 24, Applied:01 Jul 2005] (1) A single authority or joint authority must submit to the single authority council or participating councils a report as soon as practicable after the end of March, June, September and December in each year. (2)  The quarterly report of the single authority or joint authority is to include – (a) a statement of its general performance; and (b) a statement of its financial performance. 37Winding-up [Section 37 Substituted by No. 34 of 1999, s. 14, Applied:30 Jun 1999] (1)  A single authority may be wound up – (a) by the council by absolute majority; or (b) by the Minister as a result of an inquiry under Part 13. (2)  A joint authority may be wound up – (a) by the Minister as a result of an inquiry under Part 13; or (b) on the decision of the majority of participating councils; or (c) if there are only 2 participating councils, by both councils. (3)  The winding-up of a single authority or joint authority is to be notified in the Gazette by the council or one of the participating councils. 38Rules of authorities [Section 38 Subsection (1) omitted by No. 59 of 1996, s. 4 ][Section 38 Substituted by No. 34 of 1999, s. 14, Applied:30 Jun 1999] (1)  The rules of a single authority or joint authority are to provide for the following: (a) the membership of the authority; (b) the proceedings of the authority; (c) financial contributions to the authority by the relevant single authority council or participating councils; (d) the specific functions and specific powers of the authority; (da) [Section 38 Subsection (1) amended by No. 8 of 2005, s. 25, Applied:01 Jul 2005] the setting of goals and objectives of the authority; (e) the rules of conduct of the business of the authority; (f) the manner in which assets of the authority are to be distributed in the event of it being wound up; (g) the manner in which any dividend is to be paid; (h) the withdrawal of a participating council from membership of the joint authority; (i) the proportions in which the participating councils are to be responsible for the liabilities of a joint authority in the event of its insolvency; (j) [Section 38 Subsection (1) amended by No. 50 of 2008, Sched. 1, Applied:01 Mar 2009] .  .  .  .  .  .  .  .   (k) the keeping and use of the common seal; (l) the attestation of execution of documents; (m) any other prescribed matter. (2)  In the case of a single authority or joint authority to which Part 3A applies, the rules are to – (a) be consistent with the requirements of the corporatisation model for government business enterprises referred to in the Competition Principles Agreement made between the Commonwealth, the States and the Territories; and (b) provide for the following: (i) dividends payable by the authority in respect of the results of the financial transactions of the authority during each financial year; (ii) the method by which payments received from the Treasurer and comptroller under Part 3A are to be distributed between participating councils; (iii) the method by which a comptroller is to be appointed for the purposes of Part 3A and the requirements for that appointment; (iv) the matters referred to in subsection (3)(a) and (b). (3)  The rules may provide for the following: (a) a board of management to perform specified functions and exercise specified powers of the single authority or joint authority; (b) the appointment by that board of a chief executive officer to be responsible for the administration and operation of the authority; (c) the appointment by the chief executive officer of persons to assist the board in performing its functions and exercising its powers; (d) the delegation of functions and powers of the board to the chief executive officer; (e) the delegation of functions and powers of the chief executive officer to a person appointed under paragraph (c); (f) the transfer of employees and the rights and entitlements of employees transferred – (i) from a council to a single authority or a joint authority; or (ii) from a single authority or joint authority to a council; (g) the transfer of assets and liabilities – (i) from a single authority or joint authority to a council; or (ii) from a council to a single authority or joint authority; (h) the fixing and imposition of fees and charges relating to any goods or services provided by the authority; (i) the making of by-laws in accordance with Part 11. (3A)  [Section 38 Subsection (3A) inserted by No. 8 of 2005, s. 25, Applied:01 Jul 2005] If a board of management is provided for under subsection (3)(a), the rules of a single authority or joint authority are to provide for consultation between the membership of the authority and the board of management in respect of the strategic direction to be taken by the authority. (4)  Subject to this section, the rules are not to provide for functions and powers that – (a) exceed the functions and powers of a council; or (b) empower the making of any rate or charge referred to in Part 9; or (c) empower the imposition of any fee or charge referred to in section 205. (5)  The rules may be amended – (a) by the absolute majority of a single authority council; or (b) by the majority of the participating councils; or (c) if there are only 2 participating councils, by both the councils. (6)  Any amendments to the rules are to be dealt with as if they were proposed rules. (7)  [Section 38 Subsection (7) inserted by No. 38 of 2000, s. 15, Applied:14 Jul 2000] Subsection (6) does not apply if the amendment – (a) is of a technical or administrative nature; or (b) does not significantly alter the purpose or objectives of the single authority or joint authority; or (c) does not significantly alter the interaction between the authority and the public. Division 5.. .. .. .39PART 3APayments by Single and Joint Authorities39AInterpretation: Part 3A [Section 39A Inserted by No. 59 of 1996, s. 6 ] In this Part, unless the contrary intention appears –[Section 39A Amended by No. 34 of 1999, s. 16, Applied:30 Jun 1999] [Section 39A Amended by No. 34 of 1999, s. 16, Applied:30 Jun 1999] applicable authority means a single authority or joint authority declared as such in an order made under section 39B; [Section 39A Amended by No. 34 of 1999, s. 16, Applied:30 Jun 1999] comptroller means a person administering guarantee fees on behalf of a single authority council or participating councils. 39BApplication of Part [Section 39B Inserted by No. 59 of 1996, s. 6 ][Section 39B Substituted by No. 34 of 1999, s. 17, Applied:30 Jun 1999] (1)  This Part applies to – (a) an applicable authority; and (b) the single authority council or participating councils of an applicable authority. (2)  The Governor, by order published in the Gazette, may declare a single authority or joint authority to be an applicable authority for the purpose of this Part. 39CPayments [Section 39C Inserted by No. 59 of 1996, s. 6 ] (1)  [Section 39C Subsection (1) amended by No. 34 of 1999, s. 18, Applied:30 Jun 1999] The Treasurer and a comptroller must pay to the relevant single authority council or participating councils the proceeds of all payments received under this Part at such times as are agreed with the single authority council or participating councils. (2)  [Section 39C Subsection (2) amended by No. 34 of 1999, s. 18, Applied:30 Jun 1999] In the case of an applicable authority, the amount to be paid to the single authority council or participating councils is the amount of all payments made to the Treasurer or comptroller by the authority after adjustments are made for any refunds or variations to which the authority is entitled. (3)  [Section 39C Subsection (3) amended by No. 8 of 2005, s. 26, Applied:01 Jul 2005] The Treasurer and a comptroller may deduct from any amount payable under this section, or invoice a single authority council or participating councils, an amount representing the fair and reasonable cost which he or she has incurred in the administration of this Part. (4)  [Section 39C Subsection (4) amended by No. 84 of 1999, s. 15, Applied:01 Jul 2000] [Section 39C Subsection (4) amended by No. 34 of 1999, s. 18, Applied:30 Jun 1999] The Treasurer and a comptroller must, before 31 August in each year, provide each single authority council and participating council with a summary showing the calculation and payment of income tax equivalents and guarantee fees for which the Treasurer or comptroller was responsible under this Part during the previous financial year. 39DApplication of certain provisions of the Government Business Enterprises Act 1995 [Section 39D Inserted by No. 59 of 1996, s. 6 ] (1)  [Section 39D Subsection (1) amended by No. 84 of 1999, s. 15, Applied:01 Jul 2000] [Section 39D Subsection (1) amended by No. 34 of 1999, s. 19, Applied:30 Jun 1999] Parts 1 and 10, except section 68, Division 1 of Part 11, except section 81, and sections 114 and 118 of the Government Business Enterprises Act 1995 apply in relation to the calculation, determination and payment of income tax equivalents and guarantee fees by an applicable authority as if– (a) the authority were a Government Business Enterprise specified in Schedules 2 and 3 of that Act; and (b) a reference to the Crown in section 70 (2) of that Act were read as a reference to a public body carrying out some or all of the functions that are ordinarily carried out by a council; and (c) a reference to the Treasurer in Division 1 of Part 11 of that Act were read as a reference to a comptroller within the meaning of this Part; and (d) [Section 39D Subsection (1) amended by No. 4 of 2017, Sched. 1, Applied:01 Jul 2019] a reference to the Public Account in Part 10 of that Act were read as a reference to an account in the Public Account; and (e) [Section 39D Subsection (1) amended by No. 4 of 2017, Sched. 1, Applied:01 Jul 2019] a reference to the Public Account in Division 1 of Part 11 of that Act were read as a reference to the comptroller. (2)  For the purposes of the application of the Parts, Division and sections specified in subsection (1), the terms specified in section 3 of the Government Business Enterprises Act 1995 apply except as provided in subsection (1) or in regulations made under subsection (3). (3)  Regulations may be made modifying the provisions of the Parts, Division and sections specified in subsection (1). 39EAppointment of comptroller [Section 39E Inserted by No. 59 of 1996, s. 6 ] (1)  [Section 39E Subsection (1) amended by No. 34 of 1999, s. 20, Applied:30 Jun 1999] A single authority council or the participating councils must, for the purposes of this Part, appoint a comptroller who is to be responsible for all matters in respect of the calculation, determination and payment of guarantee fees and any other relevant matters. (2)  [Section 39E Subsection (2) amended by No. 34 of 1999, s. 20, Applied:30 Jun 1999] A comptroller is to be appointed in accordance with rules made under section 39. PART 4ElectionsDivision 1Mayors and deputy mayors40Election electors [Section 40 Amended by No. 38 of 2000, s. 16, Applied:14 Jul 2000] [Section 40 Substituted by No. 41 of 1998, s. 11, Applied:18 Dec 1998] The mayor and deputy mayor of a council are to be elected by the electors of the municipal area. 41Eligibility for nomination as mayor or deputy mayor (1)  [Section 41 Subsection (1) amended by No. 38 of 2000, s. 17, Applied:14 Jul 2000] [Section 41 Subsection (1) substituted by No. 10 of 2014, s. 4, Applied:11 Sep 2014] A person is eligible to nominate as a candidate for the office of mayor or deputy mayor if the person is eligible to nominate as a candidate for the office of councillor under Part 15. (2)  [Section 41 Subsection (2) omitted by No. 38 of 2000, s. 17, Applied:14 Jul 2000] .  .  .  .  .  .  .  .   (3)  [Section 41 Subsection (3) amended by No. 38 of 2000, s. 17, Applied:14 Jul 2000] A person may not be a candidate for both the offices of mayor and deputy mayor concurrently. (4) A person may not accept the office of mayor or deputy mayor unless the person is a councillor. (5)  [Section 41 Subsection (5) amended by No. 38 of 2000, s. 17, Applied:14 Jul 2000] [Section 41 Subsection (5) amended by No. 88 of 1995, s. 6 ] The provisions of Division 4 of Part 15 relating to notices of nominations apply to a person who is eligible to nominate as a candidate for the office of mayor or deputy mayor. 4243Election by electors (1)  [Section 43 Subsection (1) substituted by No. 88 of 1995, s. 8 ][Section 43 Subsection (1) substituted by No. 38 of 2000, s. 19, Applied:14 Jul 2000] The election of a mayor and deputy mayor of a council within a municipal area that is divided into electoral districts is to be conducted without taking into account those electoral districts. (2)  [Section 43 Subsection (2) amended by No. 8 of 2005, s. 27, Applied:01 Jul 2005] The election of mayor and the election of deputy mayor are each separate elections from the election of councillors but must be held concurrently with the election of councillors. (3)  [Section 43 Subsection (3) amended by No. 8 of 2005, s. 27, Applied:01 Jul 2005] The elections of mayor and deputy mayor are to be held in accordance with Part 15. 43AElection by councillors in certain cases [Section 43A Inserted by No. 38 of 2000, s. 20, Applied:14 Jul 2000] If there is no nomination for the office of mayor or deputy mayor of a council, the councillors of the council are to elect one of their number to the office in the prescribed manner. 44Term of office (1)  [Section 44 Subsection (1) amended by No. 19 of 2013, s. 5, Applied:20 Jun 2013] [Section 44 Subsection (1) amended by No. 8 of 2005, s. 28, Applied:01 Jul 2005] [Section 44 Subsection (1) amended by No. 38 of 2000, s. 21, Applied:14 Jul 2000] [Section 44 Subsection (1) substituted by No. 34 of 1999, s. 21, Applied:30 Jun 1999] The mayor and deputy mayor are to be elected for a period of 4 years and hold office from the date of issue of the certificate of election in respect of an ordinary election for that office until the date of issue of the next certificate of election in respect of an ordinary election for that office. (2)  [Section 44 Subsection (2) substituted by No. 38 of 2000, s. 21, Applied:14 Jul 2000] If the office of mayor becomes vacant for any reason, the deputy mayor is to act in that office – (a) until the certificate of election for the by-election for that vacancy is issued; or (b) if the vacancy is within 6 months before the notice of the election is to be given, until the certificate of election for that election is issued. (3)  [Section 44 Subsection (3) omitted by No. 38 of 2000, s. 21, Applied:14 Jul 2000] .  .  .  .  .  .  .  .   (4)  [Section 44 Subsection (4) amended by No. 38 of 2000, s. 21, Applied:14 Jul 2000] If the office of deputy mayor becomes vacant for any reason, the councillors are to elect one of their number to the office of deputy mayor in the prescribed manner for the balance of the term. (5)  [Section 44 Subsection (5) inserted by No. 38 of 2000, s. 21, Applied:14 Jul 2000] If the deputy mayor is acting as mayor or is temporarily absent for any period, the councillors may appoint one of their number to act as deputy mayor during that period. Division 2Councillors45Election of councillors (1) A councillor is to be elected – (a) if a municipal area is not divided into electoral districts, by the electors in that municipal area; or (b) if a municipal area is divided into electoral districts, by the electors of the electoral district in respect of which the councillor is to be elected. (2)  The election of councillors is to be held in accordance with Part 15. (3) The number of persons to be elected as councillors by each electoral district is specified in column 5 of Schedule 3 next to the name of that electoral district. (4)  [Section 45 Subsection (4) amended by No. 8 of 2005, s. 29, Applied:01 Jul 2005] [Section 45 Subsection (4) inserted by No. 34 of 1999, s. 22, Applied:30 Jun 1999] The Governor, on the recommendation of the Minister, may amend or substitute column 5 of Schedule 3 or substitute that Schedule in an order made under section 214E relating to councils to give effect to that order. 46Term of office of councillors (1)  [Section 46 Subsection (1) amended by No. 8 of 2005, s. 30, Applied:01 Jul 2005] [Section 46 Subsection (1) substituted by No. 34 of 1999, s. 23, Applied:30 Jun 1999] A councillor is to be elected for a period of 4 years and holds office from the date of issue of the certificate of election in respect of an ordinary election for that office until the date of issue of the next certificate of election in respect of an ordinary election for that office. (2)  [Section 46 Subsection (2) omitted by No. 19 of 2013, s. 6, Applied:20 Jun 2013] .  .  .  .  .  .  .  .   (2A)  [Section 46 Subsection (2A) inserted by No. 88 of 1995, s. 9 ][Section 46 Subsection (2A) omitted by No. 19 of 2013, s. 6, Applied:20 Jun 2013] .  .  .  .  .  .  .  .   (2B)  [Section 46 Subsection (2B) inserted by No. 88 of 1995, s. 9 ][Section 46 Subsection (2B) omitted by No. 19 of 2013, s. 6, Applied:20 Jun 2013] .  .  .  .  .  .  .  .   (2C)  [Section 46 Subsection (2C) amended by No. 34 of 1999, s. 23, Applied:30 Jun 1999] [Section 46 Subsection (2C) inserted by No. 88 of 1995, s. 9 ] The Governor, on the recommendation of the Minister, may make an order determining or altering the term of office of a councillor of a council elected– (a) at an election following the dismissal of all the councillors of that council; or (b) at a deferred poll. (3)  [Section 46 Subsection (3) omitted by No. 34 of 1999, s. 23, Applied:30 Jun 1999] .  .  .  .  .  .  .  .   46ATerm of office relating to elections in 2011 [Section 46A Inserted by No. 8 of 2005, s. 31, Applied:01 Jul 2005] [Section 46A Substituted by No. 19 of 2013, s. 7, Applied:20 Jun 2013] The term of office of a councillor elected in the election held in October 2011 in respect of a municipal area is the period concluding on the day on which the certificate of election is issued in respect of the ordinary election due to be held in October 2013 in respect of the municipal area. 47Resignations (1) A councillor may resign from office at any time. (2)  A resignation is to be made in writing and forwarded to the general manager. (3)  [Section 47 Subsection (3) amended by No. 29 of 2007, s. 4, Applied:13 Sep 2007] [Section 47 Subsection (3) substituted by No. 8 of 2005, s. 32, Applied:01 Jul 2005] Except as provided in subsection (6), on the date of receipt by the general manager of the resignation of a councillor – (a) the resignation takes effect; and (b) the office of councillor becomes vacant. (3A)  [Section 47 Subsection (3A) inserted by No. 8 of 2005, s. 32, Applied:01 Jul 2005] On receipt of a resignation, the general manager is to advise the council and the Electoral Commissioner of the resignation. (4) A councillor who has resigned as mayor or deputy mayor may continue in office as councillor. (5) A councillor who holds the office of a mayor or deputy mayor and resigns as councillor ceases to hold such office. (6)  [Section 47 Subsection (6) inserted by No. 29 of 2007, s. 4, Applied:13 Sep 2007] [Section 47 Subsection (6) omitted by No. 52 of 2013, s. 11, Applied:19 Nov 2013] .  .  .  .  .  .  .  .   PART 5Pecuniary Interests47A48Declaration of pecuniary interest by councillor (1)  [Section 48 Subsection (1) amended by No. 34 of 1999, s. 25, Applied:30 Jun 1999] A councillor must not participate at any meeting of a council, council committee, special committee, controlling authority, single authority or joint authority in any discussion, nor vote on any matter, in respect of which the councillor– (a) has an interest; or (b) is aware or ought to be aware that a close associate has an interest. Penalty:  Fine not exceeding 20 penalty units. (2)  [Section 48 Subsection (2) amended by No. 52 of 2013, s. 12, Applied:19 Nov 2013] A councillor must declare any interest that the councillor has in a matter before any discussion on that matter commences.Penalty: Fine not exceeding 50 penalty units. (3)  [Section 48 Subsection (3) amended by No. 52 of 2013, s. 12, Applied:19 Nov 2013] On declaring that he or she has an interest, the councillor is to leave the room in which the meeting is being held.Penalty: Fine not exceeding 20 penalty units. (4)  [Section 48 Subsection (4) amended by No. 52 of 2013, s. 12, Applied:19 Nov 2013] [Section 48 Subsection (4) amended by No. 8 of 2005, s. 34, Applied:01 Jul 2005] The councillor, by notice in writing, is to advise the general manager of the details of any interest that the councillor has declared under this section within 7 days of so declaring.Penalty: Fine not exceeding 20 penalty units. (5)  The general manager is to – (a) ensure that the declaration of interest is recorded in the minutes of the meeting at which it is made; and (b) record the details of any interest declared in the register of interests kept under section 54. (6)  In addition to any penalty imposed under this section, a court may make an order – (a) barring the councillor from nominating as a candidate at any election for a period not exceeding 7 years; and (b) dismissing the councillor from office. 48ADeclaration of pecuniary interest by member [Section 48A Inserted by No. 8 of 2005, s. 35, Applied:01 Jul 2005] (1) At any meeting of a special committee or controlling authority, or the board of a single authority or joint authority, a member must not participate in any discussion, or vote on any matter, in respect of which the member – (a) has an interest; or (b) is aware or ought to be aware that a close associate has an interest. Penalty:  Fine not exceeding 20 penalty units. (2)  [Section 48A Subsection (2) amended by No. 52 of 2013, s. 13, Applied:19 Nov 2013] A member must declare any interest that he or she has in a matter before any discussion on that matter commences.Penalty:  Fine not exceeding 50 penalty units. (3)  [Section 48A Subsection (3) amended by No. 52 of 2013, s. 13, Applied:19 Nov 2013] On declaring an interest that he or she has, the member is to leave the room in which the meeting is being held.Penalty:  Fine not exceeding 20 penalty units. (4)  [Section 48A Subsection (4) amended by No. 52 of 2013, s. 13, Applied:19 Nov 2013] A member of a special committee or controlling authority, by notice in writing, is to advise the general manager of the details of any interest that he or she has declared under this section within 7 days of that declaration.Penalty: Fine not exceeding 20 penalty units. (5)  [Section 48A Subsection (5) amended by No. 52 of 2013, s. 13, Applied:19 Nov 2013] A member of a board of a single authority or joint authority, by notice in writing, is to advise the chief executive officer of that authority of the details of any interest declared by the member under this section within 7 days of that declaration.Penalty:  Fine not exceeding 20 penalty units. (6)  The general manager or chief executive officer is to – (a) ensure that the declaration of interest is recorded in the minutes of the meeting at which it is made; and (b) record the details of any declared interest in the register of interests kept under section 53B or 54A. 49Having an interest (1)  [Section 49 Subsection (1) amended by No. 8 of 2005, s. 36, Applied:01 Jul 2005] [Section 49 Subsection (1) amended by No. 34 of 1999, s. 26, Applied:30 Jun 1999] A councillor or member has an interest in a matter if the councillor or member or a close associate would, if the matter were decided in a particular manner, receive, have an expectation of receiving or be likely to receive a pecuniary benefit or pecuniary detriment. (2)  [Section 49 Subsection (2) omitted by No. 34 of 1999, s. 26, Applied:30 Jun 1999] .  .  .  .  .  .  .  .   5051Close associate [Section 51 Amended by No. 8 of 2005, s. 37, Applied:01 Jul 2005] For the purposes of this Part, a person is a close associate of a councillor or member if that person is– (a) [Section 51 Amended by No. 8 of 2005, s. 37, Applied:01 Jul 2005] a body corporate of which the councillor or member is a director or a member of the governing body; or (b) [Section 51 Amended by No. 8 of 2005, s. 37, Applied:01 Jul 2005] a proprietary company in which the councillor or member is a shareholder; or (c) [Section 51 Amended by No. 8 of 2005, s. 37, Applied:01 Jul 2005] a public company in which the councillor or member is directly or indirectly a substantial shareholder; or (d) [Section 51 Amended by No. 8 of 2005, s. 37, Applied:01 Jul 2005] a beneficiary under a trust or an object of a discretionary trust of which the councillor or member is a trustee; or (e) [Section 51 Amended by No. 8 of 2005, s. 37, Applied:01 Jul 2005] a business partner of the councillor or member; or (f) [Section 51 Amended by No. 8 of 2005, s. 37, Applied:01 Jul 2005] the employer or an employee of the councillor or member; or (g) [Section 51 Amended by No. 34 of 1999, s. 28, Applied:30 Jun 1999] [Section 51 Amended by No. 8 of 2005, s. 37, Applied:01 Jul 2005] a person from whom the councillor or member has received, or might reasonably be expected to receive, a fee, commission or other reward for providing professional or other services in relation to a matter being dealt with or to be dealt with by the council, council committee, special committee, controlling authority, single authority or joint authority; or (h) [Section 51 Amended by No. 8 of 2005, s. 37, Applied:01 Jul 2005] the spouse or partner of the councillor, member, councillor’s son or daughter or member’s son or daughter; or (i) [Section 51 Amended by No. 8 of 2005, s. 37, Applied:01 Jul 2005] the son, daughter, brother, sister, mother or father of the councillor or member or of their spouse or partner. 52Non-application of Part [Section 52 Substituted by No. 34 of 1999, s. 29, Applied:30 Jun 1999] (1)  [Section 52 Subsection (1) amended by No. 8 of 2005, s. 38, Applied:01 Jul 2005] This Part does not apply to a councillor, member or close associate who has any pecuniary interest in any matter if – (a) [Section 52 Subsection (1) amended by No. 8 of 2005, s. 38, Applied:01 Jul 2005] the benefit or detriment is one received in common with all or a substantial proportion of the electors of the municipal area; or (b) [Section 52 Subsection (1) amended by No. 8 of 2005, s. 38, Applied:01 Jul 2005] the matter relates to an insurance policy or an indemnity policy being considered or taken out by the council, single authority or joint authority to insure or indemnify councillors or members or their spouses or partners unless the matter relates to, or is a claim made by, the councillor or member; or (c) [Section 52 Subsection (1) amended by No. 8 of 2005, s. 38, Applied:01 Jul 2005] in relation to the consideration of an application or request for approval, authorisation, licence, permit, exemption or other right under this or any other Act, the extent of the interest of the councillor, member or close associate is no greater than that of any other member of the public; or (ca) [Section 52 Subsection (1) amended by No. 8 of 2005, s. 38, Applied:01 Jul 2005] the matter relates to the making of a rate or charge under Part 9; or (d) [Section 52 Subsection (1) amended by No. 8 of 2005, s. 38, Applied:01 Jul 2005] [Section 52 Subsection (1) amended by No. 34 of 2018, s. 13, Applied:10 Dec 2018] the matter relates to any allowances or expenses payable to all councillors or members; or (e) the interest is a beneficial interest in shares of a company or other body where the total nominal value of those shares does not exceed whichever is the lesser of the following amounts: (i) an amount of $10 000; (ii) an amount which is 1% of the total nominal value of the issued share capital of the company or body. (1A)  [Section 52 Subsection (1A) inserted by No. 8 of 2005, s. 38, Applied:01 Jul 2005] For the purpose of subsection (1)  – substantial proportion of the electors means at least 5% or 1 000 electors, whichever is the lesser. (2)  [Section 52 Subsection (2) amended by No. 8 of 2005, s. 38, Applied:01 Jul 2005] This Part does not apply to a councillor, member or close associate who has any pecuniary interest in any matter only because – (a) the matter involves – (i) [Section 52 Subsection (2) amended by No. 8 of 2005, s. 38, Applied:01 Jul 2005] expenditure from money belonging to, or held by, a council, council committee, special committee, controlling authority, single authority or joint authority and the councillor or member contributes to the money as a ratepayer; or (ii) [Section 52 Subsection (2) amended by No. 8 of 2005, s. 38, Applied:01 Jul 2005] the fixing of fees by a council, single authority or joint authority; or (iii) the terms and conditions on which the right to participate in the supply of goods and services is offered to members of the public; or (b) [Section 52 Subsection (2) amended by No. 8 of 2005, s. 38, Applied:01 Jul 2005] the councillor or member or close associate is a person to whom goods or services are supplied in the same manner and subject to the same terms and conditions as apply to members of the public; or (c) [Section 52 Subsection (2) amended by No. 8 of 2005, s. 38, Applied:01 Jul 2005] the councillor or member or close associate provides services of a professional nature to another person who is the subject of, or is involved in, the matter; or (d) [Section 52 Subsection (2) amended by No. 8 of 2005, s. 38, Applied:01 Jul 2005] the councillor or member or close associate is a member of a body, club, union or other non-profit organisation if – (i) a personal benefit or detriment to the councillor, member or close associate, or the spouse or partner of the councillor, member or close associate, is not involved; and (ii) the councillor, member or close associate is not an office-bearer of that body, club, union or organisation; or (da) [Section 52 Subsection (2) amended by No. 8 of 2005, s. 38, Applied:01 Jul 2005] the councillor, member or close associate is appointed or nominated as a member of a body by the council; or (e) [Section 52 Subsection (2) amended by No. 8 of 2005, s. 38, Applied:01 Jul 2005] the matter relates to planning and development issues that apply throughout the municipal area and do not result in any particular benefit or detriment to the councillor or member or close associate that is no greater than any member of the public; or (f) [Section 52 Subsection (2) amended by No. 8 of 2005, s. 38, Applied:01 Jul 2005] the councillor or member or close associate is an employee in the service of the Crown or of a body established under any Act for a public purpose; or (g) [Section 52 Subsection (2) amended by No. 8 of 2005, s. 38, Applied:01 Jul 2005] the councillor or member or close associate is a candidate for election as councillor, mayor or deputy mayor; or (h) [Section 52 Subsection (2) amended by No. 8 of 2005, s. 38, Applied:01 Jul 2005] the councillor, member or close associate is a member of a body established by a council. (3)  [Section 52 Subsection (3) inserted by No. 8 of 2005, s. 38, Applied:01 Jul 2005] A council, at a meeting open to the public, may decide to exempt a councillor or member from this Part for a period not exceeding 12 months if the councillor or member has a potential pecuniary interest in a matter only because of being appointed or nominated as a councillor or member due to expertise arising from direct involvement in an activity that gives rise to that potential pecuniary interest. 53Notification of pecuniary interest (1)  [Section 53 Subsection (1) amended by No. 47 of 2017, s. 9, Applied:22 Nov 2017] [Section 53 Subsection (1) substituted by No. 8 of 2005, s. 39, Applied:01 Jul 2005] Any person who considers that a councillor, member or member of an audit panel has an interest in a matter to be, or being, dealt with by a council, council committee, special committee, controlling authority or audit panel may notify the general manager in writing of that interest. (2)  [Section 53 Subsection (2) amended by No. 8 of 2005, s. 39, Applied:01 Jul 2005] [Section 53 Subsection (2) substituted by No. 47 of 2017, s. 9, Applied:22 Nov 2017] On receipt of a notification, the general manager is to advise the following persons of the notification: (a) the councillor, member or member of an audit panel who is the subject of the notification; (b) all other councillors, members or members of the audit panel. 53ANotification of pecuniary interest of member [Section 53A Inserted by No. 8 of 2005, s. 40, Applied:01 Jul 2005] (1)  Any person who considers that a member of a board of a single authority or joint authority has an interest in a matter to be, or being, dealt with by a single authority or joint authority may notify the chief executive officer of that authority in writing of that interest. (2)  On receipt of a notification, the chief executive officer is to advise – (a) the chairperson; and (b) the member who is the subject of the notification. 53BRegister of pecuniary interests of board members [Section 53B Inserted by No. 8 of 2005, s. 40, Applied:01 Jul 2005] (1)  The chief executive officer of a single authority or joint authority is to keep a register of interests of members of the board of that authority advised under section 48A(5). (2)  [Section 53B Subsection (2) amended by No. 54 of 2009, Sched. 1, Applied:01 Jul 2010] A register kept under this section is exempt from the provisions of the Right to Information Act 2009. 54Register of pecuniary interests of councillors (1)  [Section 54 Subsection (1) amended by No. 52 of 2013, s. 14, Applied:19 Nov 2013] [Section 54 Subsection (1) amended by No. 8 of 2005, s. 41, Applied:01 Jul 2005] The general manager is to keep a register of interests, of councillors, of which the general manager has been advised under section 48(4). (2)  [Section 54 Subsection (2) substituted by No. 8 of 2005, s. 41, Applied:01 Jul 2005] A person, by notice in writing to the general manager, may apply to inspect the register of interests. (3)  [Section 54 Subsection (3) substituted by No. 8 of 2005, s. 41, Applied:01 Jul 2005] On receipt of an application, the general manager is to allow the applicant to inspect the register of interests. (4)  [Section 54 Subsection (4) omitted by No. 8 of 2005, s. 41, Applied:01 Jul 2005] .  .  .  .  .  .  .  .   (5)  [Section 54 Subsection (5) omitted by No. 8 of 2005, s. 41, Applied:01 Jul 2005] .  .  .  .  .  .  .  .   54ARegister of pecuniary interests of members [Section 54A Inserted by No. 8 of 2005, s. 42, Applied:01 Jul 2005] (1) The general manager is to keep a register of interests of members of a special committee or controlling authority. (2) A councillor of a council that has established a special committee or controlling authority may inspect a register of interests kept under this section. (3)  [Section 54A Subsection (3) amended by No. 54 of 2009, Sched. 1, Applied:01 Jul 2010] A register kept under this section is exempt from the provisions of the Right to Information Act 2009. 55Pecuniary interests of employees and general manager (1)  [Section 55 Subsection (1) amended by No. 8 of 2005, s. 43, Applied:01 Jul 2005] [Section 55 Subsection (1) amended by No. 34 of 1999, s. 30, Applied:30 Jun 1999] An employee of a council must notify the general manager, or in the case of the general manager the mayor, in writing of having an interest as referred to in section 49 in any matter in respect of which he or she– (a) provides advice to the council or council committee; or (b) makes a decision or determination; or (c) makes a recommendation to the council or council committee. Penalty:  Fine not exceeding 50 penalty units. (1A)  [Section 55 Subsection (1A) inserted by No. 8 of 2005, s. 43, Applied:01 Jul 2005] Section 51 applies as if a reference to a councillor were a reference to an employee or a general manager. (2)  [Section 55 Subsection (2) substituted by No. 34 of 2018, s. 14, Applied:10 Dec 2018] The general manager must – (a) advise the council of the existence of any interest notified under subsection (1); and (b) keep a register of any such interest. Penalty:  Fine not exceeding 10 penalty units. (3)  [Section 55 Subsection (3) amended by No. 54 of 2009, Sched. 1, Applied:01 Jul 2010] Any register kept under subsection (2) (b) is exempt from the provisions of the Right to Information Act 2009. 55APecuniary interests of employees of authorities [Section 55A Inserted by No. 8 of 2005, s. 44, Applied:01 Jul 2005] (1)  An employee of a single authority or joint authority must notify the chief executive officer in writing, or the chief executive officer of a single authority or joint authority must notify the board of management of that authority in writing, of having an interest as referred to in section 49 in any matter in respect of which he or she – (a) provides advice to that authority; or (b) makes a decision or determination; or (c) makes a recommendation to that authority. Penalty:  Fine not exceeding 50 penalty units. (2)  Section 51 applies as if a reference to a councillor were a reference to an employee or a chief executive officer of a single authority or joint authority. (3)  The chief executive officer of a single authority or joint authority is to – (a) advise the board of management of that authority of the existence of any interest notified under subsection (1); and (b) keep a register of any such interest. (4)  [Section 55A Subsection (4) amended by No. 54 of 2009, Sched. 1, Applied:01 Jul 2010] Any register kept under subsection (3)(b) is exempt from the provisions of the Right to Information Act 2009. 55BWhen member of audit panel has pecuniary interest [Section 55B Inserted by No. 47 of 2017, s. 10, Applied:22 Nov 2017] (1)  A member of an audit panel has an interest in the making of a recommendation or in a review by the audit panel if – (a) were the audit panel to make a particular possible recommendation and that recommendation were to be adopted by the council, the member or a close associate of the member would receive, have an expectation of receiving or be likely to receive or have an expectation of receiving a pecuniary benefit or pecuniary detriment; or (b) were the audit panel to conclude the review in a particular possible manner, the member or a close associate of the member would receive, have an expectation of receiving or be likely to receive or have an expectation of receiving a pecuniary benefit or pecuniary detriment. (2)  For the purposes of subsection (1), the member of the audit panel has an interest in the making of a recommendation or a review from when the first of the following occurs: (a) the member becomes aware that he or she has an interest; (b) the member should reasonably have become aware that he or she has an interest. (3)  Sections 51 and 52 apply as if a reference to a member were a reference to a member of the audit panel. 55CDeclaration of pecuniary interest by member of audit panel [Section 55C Inserted by No. 47 of 2017, s. 10, Applied:22 Nov 2017] (1)  At any meeting of an audit panel, a member who has an interest in the making of a recommendation or a review must not, once he or she becomes aware of that interest - participate in any discussion, or vote, in relation to the recommendation or review; or be present during any such discussion or vote.Penalty:  Fine not exceeding 20 penalty units.

(2)  A member of an audit panel must declare any interest that he or she has in the making of a recommendation or a review before any discussion, or further discussion, relating to the recommendation or review takes place.Penalty:  Fine not exceeding 50 penalty units. (3)  The chairperson of the audit panel is to ensure that a declaration of an interest in the making of a recommendation or a review is recorded in – (a) the minutes of the meeting of the audit panel; and (b) any relevant written report that the audit panel provides to the relevant council. Penalty:  Fine not exceeding 20 penalty units. (4)  A member of an audit panel is to notify the general manager, in writing, of the details of any interest that he or she has declared under this section within 7 days of that declaration.Penalty:  Fine not exceeding 20 penalty units. 55DRegister of pecuniary interests of members of audit panel [Section 55D Inserted by No. 47 of 2017, s. 10, Applied:22 Nov 2017] (1)  The general manager is to keep a register of the interests of members of audit panels. (2)  The general manager is to enter into the register the details of an interest of a member of audit panel when notified as specified in section 55C(4). (3) A councillor may inspect that part of the register that relates to the members of the audit panel established by his or her council. (4)  The register is exempt from the provisions of the Right to Information Act 2009. 55EValidity of audit panel proceedings, &c. [Section 55E Inserted by No. 47 of 2017, s. 10, Applied:22 Nov 2017] Any proceeding, review or recommendation of the audit panel is not invalid by reason only that, at the time the proceeding, review or recommendation was held, conducted or made, a member of the audit panel – (a) had not declared an interest as required by section 55C; or (b) had voted on a matter in respect of which the member had not declared such an interest. 56Validity of decisions [Section 56 Amended by No. 34 of 1999, s. 31, Applied:30 Jun 1999] [Section 56 Amended by No. 8 of 2005, s. 45, Applied:01 Jul 2005] Any proceedings or decisions of a council, council committee, special committee, controlling authority, single authority or joint authority are not invalid by reason only that at the time the proceedings were held or the decisions were made, a councillor or member– (a) [Section 56 Amended by No. 8 of 2005, s. 45, Applied:01 Jul 2005] had not declared an interest as required by section 48 or 48A; or (b) [Section 56 Amended by No. 8 of 2005, s. 45, Applied:01 Jul 2005] had voted on a matter in respect of which the councillor or member had not declared such an interest. PART 5AGifts and Donations56ACouncillor to notify of gifts and donations [Section 56A Inserted by No. 47 of 2017, s. 45, Applied:01 Aug 2018] (1) A councillor who receives – (a) a gift or donation prescribed by the regulations for the purposes of this section; or (b) a gift or donation of a class prescribed by the regulations, for the purposes of this section – must notify the general manager of that gift or donation.Penalty:  Fine not exceeding 10 penalty units. (2)  A notice is to – (a) be in writing; and (b) contain the details prescribed by the regulations; and (c) be provided to the general manager within the period prescribed by the regulations. 56BGifts and donations register [Section 56B Inserted by No. 47 of 2017, s. 45, Applied:01 Aug 2018] (1)  The general manager is to keep a register of the gifts and donations referred to in section 56A(1) that have been received by councillors. (2)  The register is to include the following information: (a) the name of the councillor; (b) a description of the gift or donation; (c) any other information required by the regulations to be included. (3)  [Section 56B Subsection (3) inserted by No. 34 of 2018, s. 15, Applied:10 Dec 2018] The register is to be – (a) available for public inspection at the relevant council’s office; and (b) available on the relevant council’s website; and (c) updated at least monthly. PART 6Petitions, polls and public meetingsDivision 1Petitions57Petitions [Section 57 Substituted by No. 8 of 2005, s. 46, Applied:01 Jul 2005] (1) A person may lodge a petition with a council by presenting it to a councillor or the general manager. (2)  A person lodging a petition is to ensure that the petition contains – (a) [Section 57 Subsection (2) amended by No. 47 of 2017, s. 11, Applied:22 Nov 2017] a clear and concise statement identifying the subject matter and the action requested; and (b) [Section 57 Subsection (2) amended by No. 47 of 2017, s. 11, Applied:22 Nov 2017] in the case of a paper petition, a heading on each page indicating the subject matter; and (c) [Section 57 Subsection (2) amended by No. 47 of 2017, s. 11, Applied:22 Nov 2017] in the case of a paper petition, a brief statement on each page of the subject matter and the action requested; and (d) a statement specifying the number of signatories; and (e) [Section 57 Subsection (2) amended by No. 47 of 2017, s. 11, Applied:22 Nov 2017] at the end of the petition – (i) in the case of a paper petition, the full name, address and signature of the person lodging the petition; and (ii) in the case of an electronic petition, the full name and address of the person lodging the petition and a statement by that person certifying that the statement of the subject matter and the action requested, as set out at the beginning of the petition, has not been changed. (3)  [Section 57 Subsection (3) inserted by No. 47 of 2017, s. 11, Applied:22 Nov 2017] In this section – electronic petition means a petition where the petition is created and circulated electronically and the signatories have added their details by electronic means; paper petition means a petition where the petition is created on paper which is then circulated and to which the signatories have added their details directly onto the paper; petition means a paper petition or electronic petition; signatory means – (a) in the case of a paper petition, a person who has added his or her details to the paper petition and signed the petition; and (b) in the case of an electronic petition, a person who has added his or her details to the electronic petition. 58Tabling petition [Section 58 Subsection (1) amended by No. 34 of 1999, s. 32, Applied:30 Jun 1999] [Section 58 Substituted by No. 8 of 2005, s. 46, Applied:01 Jul 2005] (1) A councillor who has been presented with a petition is to – (a) [Section 58 Subsection (1) amended by No. 47 of 2017, s. 12, Applied:22 Nov 2017] .  .  .  .  .  .  .  .   (b) forward it to the general manager within 7 days after receiving it. (2)  A general manager who has been presented with a petition or receives a petition under subsection (1)(b) is to table the petition at the next ordinary meeting of the council. (3)  A petition is not to be tabled if – (a) it does not comply with section 57; or (b) it is defamatory; or (c) any action it proposes is unlawful. (4)  The general manager is to advise the lodger of a petition that is not tabled the reason for not tabling it within 21 days after lodgment. 59Petitions seeking public meetings [Section 59 Subsection (1) amended by No. 88 of 1995, s. 10 ][Section 59 Subsection (5) inserted by No. 34 of 1999, s. 33, Applied:30 Jun 1999] [Section 59 Substituted by No. 8 of 2005, s. 46, Applied:01 Jul 2005] (1)  A petition under section 57 may request that a council hold a public meeting regarding the subject matter of the petition. (2) A council must hold a public meeting if the petition complies with section 57 and it is signed by whichever is the lesser of the following: (a) 5% of the electors in the municipal area; (b) 1 000 of those electors. (3)  A petition that requests a public meeting is not to be made in respect of any matter relating to rates and charges in Part 9 if those rates or charges have been made for the current financial year. 60Action on petition [Section 60 Subsection (2) substituted by No. 34 of 1999, s. 34, Applied:30 Jun 1999] [Section 60 Subsection (2B) amended by No. 53 of 2004, Sched. 1, Applied:16 Feb 2005] [Section 60 Subsection (2B) inserted by No. 34 of 1999, s. 34, Applied:30 Jun 1999] [Section 60 Substituted by No. 8 of 2005, s. 46, Applied:01 Jul 2005] (1)  The general manager, by notice in writing to the person who lodged the petition, is to – (a) advise whether the petition complies with section 59, if it seeks a public meeting; and (b) give reasonable notice of when the council is to consider the petition. (2)  Within 42 days after the tabling of the petition – (a) the general manager is to advise the council at a council meeting whether the petition complies with section 59, if applicable; and (b) the council, at that meeting, is to determine any action to be taken in respect of the petition. (3)  If the petition complies with section 59, or the council otherwise resolves to hold a public meeting regarding the subject matter of the petition, the council, within 30 days after the meeting referred to in subsection (2), is to hold a public meeting to discuss the subject matter of the petition. (4) The council is to record in the minutes of the meeting referred to in subsection (2)  – (a) the subject matter of the petition; and (b) the number of signatories to the petition. 60APublic meetings and submissions [Section 60A Inserted by No. 88 of 1995, s. 11 ][Section 60A Substituted by No. 8 of 2005, s. 46, Applied:01 Jul 2005] (1)  Before holding a public meeting under section 59 or section 60(3), a council, in a notice publicly displayed, must – (a) state the date on which, and the time and place at which, the public meeting is to be held; and (b) state the details of the subject matter; and (c) invite written submissions in relation to the subject matter to be lodged with the general manager. (2)  A copy of the notice under subsection (1) is to be – (a) published on at least 2 occasions in a daily newspaper circulating in the municipal area; and (b) sent to the person who lodged the petition. (3)  A submission must be lodged within 21 days after the first publication of the notice. (4)  Any submission received is to be summarised by the general manager in a document, copies of which are to be made available to those attending the public meeting. (5) The minutes of the next ordinary meeting of the council following the public meeting are to record – (a) a summary of any submission received under this section; and (b) any decision made at a public meeting held under this section. Division 2Elector polls60BCouncil-initiated elector polls [Section 60B Inserted by No. 8 of 2005, s. 46, Applied:01 Jul 2005] (1) A council, on its own motion, may hold an elector poll on any issue the council determines. (2) An elector poll under subsection (1) may be conducted in any manner the council determines. 60CPetition requesting elector poll [Section 60C Inserted by No. 8 of 2005, s. 46, Applied:01 Jul 2005] (1) A council must hold an elector poll if – (a) a petition requesting the elector poll is received within 30 days after a public meeting is held under section 59 in relation to the same subject matter as that contained in the petition requesting that public meeting; and (b) the petition is signed by at least 5% of the electors in the municipal area or 1 000 of those electors, whichever is the lesser; and (c) the petition complies with section 57(2). (2)  If – (a) the person who lodged the petition agrees to an elector poll being held in conjunction with the next ordinary election; or (b) a petition requesting an elector poll is received within 60 days before the notice of election for the next ordinary election – the elector poll may be held in conjunction with that next ordinary election. 60DElector polls [Section 60D Inserted by No. 8 of 2005, s. 46, Applied:01 Jul 2005] (1) An elector poll under section 60C is to be – (a) held within 60 days after the receipt of the petition, except as provided under section 60C(2); and (b) held for the whole municipal area; and (c) conducted as determined by the Electoral Commissioner or any other person authorised by the council. (2) An elector poll held in conjunction with an election is to be conducted as determined by the Electoral Commissioner. (3) A matter which is the subject of an elector poll is to be decided by a simple majority of the formal votes cast. (4) The general manager is to ensure that the result of an elector poll is published in a newspaper circulating in the municipal area. (5) A further elector poll on the same issue is not to be held until after the next ordinary election. 60EResult of elector poll [Section 60E Inserted by No. 8 of 2005, s. 46, Applied:01 Jul 2005] (1) A council is to discuss the result of an elector poll at its next ordinary meeting. (2) The result of an elector poll is not binding on a council. Division 3General public meetings60FPublic meetings [Section 60F Inserted by No. 8 of 2005, s. 46, Applied:01 Jul 2005] A council, on its own motion, may hold a public meeting to discuss any issue the council determines. PART 7AdministrationDivision 1General manager and employees60GInterpretation [Section 60G Inserted by No. 30 of 2023, s. 4, Applied:20 Nov 2023] In this Division – merit assessment, in relation to the appointment of a person, is a written assessment of the knowledge, skills, qualifications and experience of the person that are relevant to the required duties of the appointment, taking into consideration – (a) the relative suitability of candidates for the required duties of the appointment; and (b) the relationship between candidates’ work-related qualities and the work-related qualities genuinely required for the duties of the appointment; and (c) the relative capacity of candidates to achieve outcomes related to the duties of the appointment. 61Appointment of general manager [Section 61 Substituted by No. 8 of 2005, s. 47, Applied:01 Jul 2005] (1) A council is to appoint a person as general manager of the council for a term not exceeding 5 years on terms and conditions it considers appropriate. (1A)  [Section 61 Subsection (1A) inserted by No. 47 of 2017, s. 13, Applied:22 Nov 2017] [Section 61 Subsection (1A) substituted by No. 30 of 2023, s. 5, Applied:20 Nov 2023] A decision to appoint a person as general manager of the council under subsection (1) must be made – (a) in accordance with any relevant order made under section 61A; and (b) primarily on the basis of a merit assessment of the person. (2)  An appointment under subsection (1) is not to be extended or renewed so as to exceed 5 years in total unless the council has reviewed its terms and conditions. (3)  [Section 61 Subsection (3) substituted by No. 34 of 2018, s. 16, Applied:10 Dec 2018] [Section 61 Subsection (3) substituted by No. 30 of 2023, s. 5, Applied:20 Nov 2023] Subject to subsection (4A), if a vacancy occurs in the position of general manager, the council is to invite applications for the vacancy by placing, in a daily newspaper circulating in the municipal area, a public notice inviting such applications. (4)  [Section 61 Subsection (4) amended by No. 30 of 2023, s. 5, Applied:20 Nov 2023] Not later than 6 months before the expiry of the general manager’s appointment, a council may resolve to reappoint the general manager without inviting applications for the position in accordance with subsection (3). (4A)  [Section 61 Subsection (4A) inserted by No. 30 of 2023, s. 5, Applied:20 Nov 2023] Subsection (3) does not apply if a council resolves to appoint as general manager of the council a person who is, and will continue to be, appointed as the general manager of another council in another municipal area. (5)  A reappointment under subsection (4) is to be treated as if it were an appointment under subsection (1). (6)  [Section 61 Subsection (6) omitted by No. 47 of 2017, s. 13, Applied:22 Nov 2017] .  .  .  .  .  .  .  .   61AOrder relating to appointment and performance of general managers [Section 61A Inserted by No. 47 of 2017, s. 14, Applied:22 Nov 2017] (1)  The Minister, by order, may do any one or more of the following: (a) specify the principles governing the selection of a general manager; (b) specify the matters, and classes of matters, that are to be taken into account when a council is selecting, or reappointing, a general manager; (c) specify the procedures to be followed by a council in relation to appointing, or reappointing, a general manager; (d) provide, or provide for the development of, the processes and procedures to be followed by a council in monitoring the performance of a general manager. (2)  The Minister may amend, revoke, or revoke and substitute an order. (3)  Before making, amending or revoking and substituting an order, the Minister must consult with the councils as to the matters the Minister is considering including in the order, the amended order or the substitute order. (4)  Section 47(3), (3A), (4), (5), (6) and (7) of the Acts Interpretation Act 1931 applies to an order under this section as if the order were regulations within the meaning of that Act. (5)  An order under this section is subordinate legislation for the purposes of the Subordinate Legislation Act 1992. 61BActing general managers [Section 61B Inserted by No. 47 of 2017, s. 14, Applied:22 Nov 2017] (1)  For the purposes of this section, a general manager is absent if – (a) he or she is absent from duty for any reason; or (b) he or she is otherwise unavailable or unable to perform the functions of the office of general manager; or (c) the position of general manager is vacant. (2) The mayor may appoint a person to act in the office of general manager if – (a) the general manager is absent and no person holds an appointment under subsection (4); or (b) the general manager is absent and the person appointed under subsection (4) is absent from duty or otherwise unavailable or unable to act in the office of general manager. (3)  An appointment under subsection (2) ends when the first of the following occurs: (a) the general manager returns to duty; (b) the term of the appointment expires; (c) the mayor or the council revokes the appointment; (d) a person is appointed as general manager under section 61. (4) The council may appoint a person to act in the office of general manager during every absence of the general manager. (5)  An appointment under subsection (4) is for the term, not exceeding 5 years, specified in the appointment and ends when the first of the following occurs: (a) the term of the appointment expires; (b) the council revokes the appointment; (c) if the appointment is to the holder of an office, the person ceases to hold that office. (6)  While a person appointed to act in the office of general manager is acting as general manager, that person is taken to be the general manager. 62Functions and powers of general manager [Section 62 Substituted by No. 8 of 2005, s. 47, Applied:01 Jul 2005] (1)  The general manager has the following functions: (a) to implement the policies, plans and programs of the council; (b) to implement the decisions of the council; (c) to be responsible for the day-to-day operations and affairs of the council; (d) to provide advice and reports to the council on the exercise and performance of its powers and functions and any other matter requested by the council; (e) to assist the council in the preparation of the strategic plan, annual plan, annual report and assessment of the council’s performance against the plans; (f) to coordinate proposals for the development of objectives, policies and programs for the consideration of the council; (g) to liaise with the mayor on the affairs of the council and the performance of its functions; (h) to manage the resources and assets of the council; (i) to perform any other function the council decides. (2)  The general manager may do anything necessary or convenient to perform his or her functions under this or any other Act. 62AOrder relating to general manager's functions generally [Section 62A Inserted by No. 47 of 2017, s. 15, Applied:22 Nov 2017] (1)  The Minister, by order, may clarify the functions of general managers by specifying matters, or classes of matters, that are operational or administrative in nature and so are to be performed by general managers. (2)  The Minister may amend, revoke, or revoke and substitute an order. (3)  Before making, amending or revoking and substituting an order, the Minister must consult with the councils as to the matters the Minister is considering including in the order, the amended order or the substitute order. (4)  An order under this section may be combined with an order under any one or more of the following sections: (a) section 27A; (b) section 28AA; (c) section 62B. (5)  Section 47(3), (3A), (4), (5), (6) and (7) of the Acts Interpretation Act 1931 applies to an order under this section as if the order were regulations within the meaning of that Act. (6)  An order under this section is subordinate legislation for the purposes of the Subordinate Legislation Act 1992. 62BOrder relating to general manager's function to liaise with mayor [Section 62B Inserted by No. 47 of 2017, s. 15, Applied:22 Nov 2017] (1)  The Minister, by order, may specify the manner in which general managers are to liaise with their mayors. (2)  The Minister may amend, revoke, or revoke and substitute an order. (3)  Before making, amending or revoking and substituting an order, the Minister must consult with the councils as to the matters the Minister is considering including in the order, the amended order or the substitute order. (4)  An order under this section may be combined with an order under any one or more of the following sections: (a) section 27A; (b) section 28AA; (c) section 62A. (5)  Section 47(3), (3A), (4), (5), (6) and (7) of the Acts Interpretation Act 1931 applies to an order under this section as if the order were regulations within the meaning of that Act. (6)  An order under this section is subordinate legislation for the purposes of the Subordinate Legislation Act 1992. 63Employees (1) The general manager of a council may – (a) appoint persons as employees of the council; and (b) allocate duties to employees; and (c) control and direct employees; and (d) suspend or dismiss employees. (2)  [Section 63 Subsection (2) substituted by No. 8 of 2005, s. 48, Applied:01 Jul 2005] [Section 63 Subsection (2) substituted by No. 30 of 2023, s. 6, Applied:20 Nov 2023] The council is to adopt human resource policies and the general manager is to adopt human resource practices and procedures, in accordance with the policies adopted by the council, to ensure that – (a) the council promotes fairness and equity in employment, including the provision of reasonable opportunities for members of the community to apply to be an employee of the council; and (b) the appointment or promotion of a person as an employee of the council is based primarily on a merit assessment of the person; and (c) all employees of the council receive fair and equitable treatment without discrimination. 64Delegation by general manager (1) The general manager, in writing, may delegate to an employee of the council – (a) [Section 64 Amended by No. 8 of 2005, s. 49, Applied:01 Jul 2005] any functions or powers under this or any other Act, other than this power of delegation; and (b) any functions or powers delegated by the council which the council authorized the general manager to delegate. (2)  [Section 64 Subsection (2) inserted by No. 34 of 2018, s. 17, Applied:10 Dec 2018] The general manager is to – (a) keep a register of any delegation; and (b) make the register available for inspection at a public office of the council. 65Qualified persons (1) A general manager must ensure that any advice, information or recommendation given to the council or a council committee is given by a person who has the qualifications or experience necessary to give such advice, information or recommendation. (2)  [Section 65 Subsection (2) substituted by No. 47 of 2017, s. 16, Applied:22 Nov 2017] A council or council committee is not to decide on any matter which requires the advice of a qualified person without considering such advice unless – (a) the general manager certifies, in writing – (i) that such advice was obtained; and (ii) that the general manager took the advice into account in providing general advice to the council or council committee; and (b) a copy of that advice or, if the advice was given orally, a written transcript or summary of that advice is provided to the council or council committee with the general manager’s certificate. (3)  [Section 65 Subsection (3) omitted by No. 8 of 2005, s. 50, Applied:01 Jul 2005] .  .  .  .  .  .  .  .   (4)  [Section 65 Subsection (4) omitted by No. 8 of 2005, s. 50, Applied:01 Jul 2005] .  .  .  .  .  .  .  .   Division 2Plans and report66Strategic plan (1) A council is to prepare a strategic plan for the municipal area. (2)  [Section 66 Subsection (2) amended by No. 52 of 2013, s. 59, Applied:07 Feb 2014] [Section 66 Subsection (2) amended by No. 38 of 2000, s. 22, Applied:14 Jul 2000] [Section 66 Subsection (2) amended by No. 34 of 1999, s. 35, Applied:30 Jun 1999] A strategic plan is to be in respect of at least a 10 year period. (3)  [Section 66 Subsection (3) amended by No. 52 of 2013, s. 59, Applied:07 Feb 2014] [Section 66 Subsection (3) substituted by No. 38 of 2000, s. 22, Applied:14 Jul 2000] In preparing a proposed strategic plan, a council is to consult with the community in its municipal area and any authorities and bodies it considers appropriate. (4)  [Section 66 Subsection (4) amended by No. 52 of 2013, s. 59, Applied:07 Feb 2014] [Section 66 Subsection (4) amended by No. 38 of 2000, s. 22, Applied:14 Jul 2000] The general manager is to make a copy of a proposed strategic plan available for public inspection at the public office during ordinary office hours. 6768Proposed strategic plan [Section 68 Amended by No. 52 of 2013, s. 60, Applied:07 Feb 2014] [Section 68 Substituted by No. 38 of 2000, s. 24, Applied:14 Jul 2000] After preparing a proposed strategic plan, a council is to – (a) invite submissions in respect of the plan; and (b) [Section 68 Amended by No. 52 of 2013, s. 60, Applied:07 Feb 2014] consider the submissions before adopting the plan. 69Public inspection of strategic plan [Section 69 Amended by No. 38 of 2000, s. 25, Applied:14 Jul 2000] [Section 69 Amended by No. 52 of 2013, s. 61, Applied:07 Feb 2014] As soon as a council adopts a strategic plan, the general manager is to– (a) make a copy of the strategic plan available for public inspection at the public office during ordinary office hours; and (b) [Section 69 Amended by No. 8 of 1998, s. 5, Applied:31 Jul 1998] [Section 69 Amended by No. 8 of 2005, s. 51, Applied:01 Jul 2005] provide the Director with a copy of the strategic plan. 70Long-term financial management plans [Section 70 Subsection (1) amended by No. 34 of 1999, s. 36, Applied:30 Jun 1999] [Section 70 Repealed by No. 38 of 2000, s. 26, Applied:14 Jul 2000] [Section 70 Inserted by No. 52 of 2013, s. 62, Applied:07 Feb 2014] (1) A council is to prepare a long-term financial management plan for the municipal area. (2)  A long-term financial management plan is to be in respect of at least a 10 year period. (3)  A long-term financial management plan for a municipal area is to – (a) be consistent with the strategic plan for the municipal area; and (b) refer to the long-term strategic asset management plan for the municipal area; and (c) contain at least the matters that are specified in an order made under section 70F as required to be included in a long-term financial management plan. 70AFinancial management strategies [Section 70A Inserted by No. 52 of 2013, s. 62, Applied:07 Feb 2014] (1) A council is to prepare a financial management strategy for the municipal area. (2)  A financial management strategy for a municipal area is to – (a) be consistent with the strategic plan for the municipal area; and (b) contain at least the matters that are specified in an order made under section 70F as required to be included in a financial management strategy. 70BLong-term strategic asset management plans [Section 70B Inserted by No. 52 of 2013, s. 62, Applied:07 Feb 2014] (1) A council is to prepare a long-term strategic asset management plan for the municipal area. (2)  A long-term strategic asset management plan is to relate to all assets that are within a class of assets specified in an order under section 70F(3) to be major assets. (3)  A long-term strategic asset management plan is to be in respect of at least a 10 year period. (4)  A long-term strategic asset management plan for a municipal area is to – (a) be consistent with the strategic plan for the municipal area; and (b) refer to the long-term financial management plan for the municipal area; and (c) contain at least the matters that are specified in an order made under section 70F as required to be included in a long-term strategic asset management plan. 70CAsset management policies [Section 70C Inserted by No. 52 of 2013, s. 62, Applied:07 Feb 2014] (1) A council is to prepare an asset management policy for the municipal area. (2)  An asset management policy for a municipal area is to – (a) be consistent with the strategic plan for the municipal area; and (b) guide the development of the long-term strategic asset management plan for the municipal area; and (c) guide the development of the long-term financial management plan for the municipal area; and (d) contain at least the matters that are specified in an order made under section 70F as required to be included in an asset management policy. 70DAsset management strategies [Section 70D Inserted by No. 52 of 2013, s. 62, Applied:07 Feb 2014] (1) A council is to prepare an asset management strategy for the municipal area. (2)  An asset management strategy for a municipal area is to – (a) be consistent with the strategic plan for the municipal area; and (b) contain at least the matters that are specified in an order made under section 70F as required to be included in an asset management strategy. 70EReview of plans, strategies and policies [Section 70E Inserted by No. 52 of 2013, s. 62, Applied:07 Feb 2014] (1) A council, at least every 4 years, is to review its – (a) strategic plan; and (b) long-term financial management plan; and (c) long-term strategic asset management plan; and (d) financial management strategy; and (e) asset management strategy; and (f) asset management policy. (2) As soon as practicable after a council adopts a plan, strategy or policy referred to in subsection (1), the general manager is to notify the Director accordingly. 70FOrders determining minimum contents of plans, &c., and classes of assets [Section 70F Inserted by No. 52 of 2013, s. 62, Applied:07 Feb 2014] (1)  The Minister, by order, may specify the matters that are required to be included in – (a) a long-term financial management plan; or (b) a long-term strategic asset management plan; or (c) a financial management strategy; or (d) an asset management strategy; or (e) an asset management policy. (2)  A matter may be included in a plan, policy or strategy referred to in subsection (1), even though the matter is not specified in an order under subsection (1) as required to be included in such a plan, policy or strategy. (3)  The Minister, by order, may specify the classes of assets that are to be taken to be major assets for the purposes of section 70B. (4)  The Minister is to consult with councils as to the matters to be included in an order under this section. 70GPlans, strategies and policies to be published on council website [Section 70G Inserted by No. 34 of 2018, s. 18, Applied:10 Dec 2018] (1) Within one month after a council adopts a plan, strategy or policy under this Part, the council is to publish on its website a copy of the plan, strategy or policy. (2)  A plan, strategy or policy is to remain on the website until the plan, strategy or policy is repealed or replaced. 71Annual plan [Section 71 Subsection (2) amended by No. 8 of 1995, s. 4 ][Section 71 Subsection (2) amended by No. 8 of 1998, Applied:31 Jul 1998] [Section 71 Subsection (3) amended by No. 8 of 1998, s. 6, Applied:31 Jul 1998] [Section 71 Substituted by No. 38 of 2000, s. 27, Applied:14 Jul 2000] [Section 71 Substituted by No. 8 of 2005, s. 52, Applied:01 Jul 2005] (1) A council is to prepare an annual plan for the municipal area for each financial year. (2)  An annual plan is to – (a) be consistent with the strategic plan; and (b) include a statement of the manner in which the council is to meet the goals and objectives of the strategic plan; and (c) include a summary of the estimates adopted under section 82; and (d) include a summary of the major strategies to be used in relation to the council’s public health goals and objectives. (3) As soon as practicable after a council adopts an annual plan, the general manager is to – (a) make a copy of the annual plan available for public inspection at the public office during ordinary business hours; and (b) provide the Director and the Director of Public Health with a copy of the annual plan. 72Annual report (1) A council must prepare an annual report containing all of the following: (a) [Section 72 Subsection (1) amended by No. 8 of 2005, s. 53, Applied:01 Jul 2005] a summary of the annual plan for the preceding financial year; (ab) [Section 72 Subsection (1) amended by No. 8 of 1998, Applied:31 Jul 1998] [Section 72 Subsection (1) amended by No. 38 of 2000, s. 28, Applied:14 Jul 2000] a statement of its goals and objectives in relation to public health for the preceding financial year; (b) [Section 72 Subsection (1) amended by No. 38 of 2000, s. 28, Applied:14 Jul 2000] a statement of the council’s activities and its performance in respect of goals and objectives set for the preceding financial year; (ba) [Section 72 Subsection (1) amended by No. 29 of 2015, s. 8, Applied:13 Apr 2016] [Section 72 Subsection (1) amended by No. 34 of 2018, s. 19, Applied:10 Dec 2018] a statement of the number of code of conduct complaints that were received and the number that were upheld either wholly or in part during the preceding financial year; (bb) [Section 72 Subsection (1) amended by No. 29 of 2015, s. 8, Applied:13 Apr 2016] the total costs met by the council during the preceding financial year in respect of all code of conduct complaints dealt with under Division 3A of Part 3 during the preceding financial year; (c) the financial statements for the preceding financial year; (caa) [Section 72 Subsection (1) amended by No. 47 of 2017, s. 17, Applied:22 Nov 2017] a statement of the operating, capital and competitive neutrality costs in respect of each significant business activity undertaken by the council during the preceding financial year together with a statement of the revenue associated with that activity; (ca) [Section 72 Subsection (1) amended by No. 21 of 2000, s. 21, Applied:01 Jul 2000] [Section 72 Subsection (1) amended by No. 8 of 2005, s. 53, Applied:01 Jul 2005] a statement of the activities and performance of the council in relation to any activity undertaken pursuant to section 21 as compared with its objectives for the preceding financial year; (cb) [Section 72 Subsection (1) amended by No. 8 of 2005, s. 53, Applied:01 Jul 2005] a statement of the total allowances and expenses paid to the mayor, deputy mayor and councillors; (cc) [Section 72 Subsection (1) amended by No. 8 of 2005, s. 53, Applied:01 Jul 2005] a statement detailing the attendance of each councillor at meetings of the council or any council committee during the preceding financial year; (cd) [Section 72 Subsection (1) amended by No. 8 of 2005, s. 53, Applied:01 Jul 2005] [Section 72 Subsection (1) amended by No. 47 of 2017, s. 17, Applied:22 Nov 2017] a statement in accordance with subsection (4) relating to the total annual remuneration paid to employees of the council who are key management personnel, within the meaning of the Compiled Accounting Standard AASB 124, as amended or substituted from time to time, issued by the Australian Accounting Standards Board under the Australian Securities and Investments Commission Act 2001 of the Commonwealth; (d) a copy of the audit opinion for the preceding financial year; (da) [Section 72 Subsection (1) amended by No. 8 of 2005, s. 53, Applied:01 Jul 2005] a statement specifying details of any land donated by the council under section 177, including the name of the recipient, the reasons for the donation and the value of the land; (e) any other prescribed matter. (1A)  [Section 72 Subsection (1A) inserted by No. 8 of 1998, s. 7, Applied:31 Jul 1998] A statement under subsection (1)(ab) is to – (a) [Section 72 Subsection (1A) amended by No. 38 of 2000, s. 28, Applied:14 Jul 2000] [Section 72 Subsection (1A) amended by No. 8 of 2003, Sched. 2, Applied:15 Oct 2003] state the extent to which the council has carried out its functions under the Public Health Act 1997 and the Food Act 2003; and (b) state the resources allocated to public health; and (c) [Section 72 Subsection (1A) amended by No. 38 of 2000, s. 28, Applied:14 Jul 2000] state the extent to which its goals, objectives, policies and programs in relation to public health met the needs of persons within its municipal area; and (d) include details of the completion of any strategies. (2)  The general manager is to – (a) [Section 72 Subsection (2) amended by No. 8 of 1998, s. 7, Applied:31 Jul 1998] [Section 72 Subsection (2) amended by No. 29 of 2015, s. 8, Applied:13 Apr 2016] submit one copy of the report to the Director and one copy of the report to the Director of Public Health; and (b) make available copies of the report for public inspection; and (c) [Section 72 Subsection (2) amended by No. 38 of 2000, s. 28, Applied:14 Jul 2000] make available copies of the report free of charge or on payment of a prescribed fee; and (d) [Section 72 Subsection (2) amended by No. 38 of 2000, s. 28, Applied:14 Jul 2000] [Section 72 Subsection (2) amended by No. 29 of 2015, s. 8, Applied:13 Apr 2016] advertise in a daily newspaper circulating in the municipal area the availability of the report, together with an invitation to electors to lodge submissions on the report with the council for discussion at its annual general meeting. (3)  [Section 72 Subsection (3) omitted by No. 29 of 2015, s. 8, Applied:13 Apr 2016] .  .  .  .  .  .  .  .   (4)  [Section 72 Subsection (4) inserted by No. 8 of 2005, s. 53, Applied:01 Jul 2005] A statement under subsection (1)(cd) is to list the number of employees in groups according to the total annual remuneration as specified in subsection (5) where each group has a maximum of $20 000 between the highest and lowest total annual remuneration. (5)  [Section 72 Subsection (5) inserted by No. 8 of 2005, s. 53, Applied:01 Jul 2005] The total annual remuneration of an employee means the total of the following for the financial year: (a) the salary payable to the employee; (b) the amount of employer contribution to the employee’s superannuation; (c) the value of the use of any motor vehicle provided to the employee; (d) the value of any other allowances or benefits paid or payable to, or provided for the benefit of, the employee. 72AGST dispute statement [Section 72A Inserted by No. 8 of 2005, s. 54, Applied:01 Jul 2005] A council is to provide a statement to the Treasurer containing details of any dispute that the council may have had with the Australian Taxation Office during the financial year relating to compliance with the GST law in accordance with the National Taxation Reform (Commonwealth-State Relations) Act 1999. Division 3Annual General Meeting72BAnnual General Meeting [Section 72B of Part 7 Inserted by No. 8 of 2005, s. 55, Applied:01 Jul 2005] (1) A council must hold an Annual General Meeting on a date that – (a) is not later than 15 December in each year; and (b) is not before 14 days after the date of the first publication of a notice under subsection (2). (2)  [Section 72B Subsection (2) amended by No. 29 of 2015, s. 9, Applied:13 Apr 2016] A council must publish a notice in a daily newspaper circulating in the municipal area or other prescribed newspaper specifying the date, time and place of the Annual General Meeting. (3)  [Section 72B Subsection (3) amended by No. 29 of 2015, s. 9, Applied:13 Apr 2016] If a quorum of the council is not present at an Annual General Meeting – (a) the Annual General Meeting is to be reconvened and held within 14 days; and (b) [Section 72B Subsection (3) amended by No. 29 of 2015, s. 9, Applied:13 Apr 2016] a notice is to be published in a daily newspaper circulating in the municipal area specifying the date, time and place of the Annual General Meeting. (4)  Only electors in the municipal area are entitled to vote at an Annual General Meeting. (5) A motion at an Annual General Meeting is passed by a majority of votes taken by a show of hands or by any other means of ascertaining the vote the council determines. (6) A motion passed at an Annual General Meeting is to be considered at the next meeting of the council. (7)  The general manager is to keep minutes of the Annual General Meeting. PART 8Financial ManagementDivision 1Funds, expenditure and investments73Sources of fundsA council may raise funds in any one or more of the following ways: (a) by imposing rates, fees and charges; (b) by receiving interest and dividends on investments; (c) by selling property and assets; (d) by leasing or hiring out property; (e) by obtaining grants and other allocations of money; (f) by carrying out commercial activities; (g) by receiving gifts and bequests; (h) by recovering fees, charges, penalties or other money payable to the council; (i) by any other means approved by the Treasurer. 74Expenditure [Section 74 Amended by No. 8 of 2005, s. 56, Applied:01 Jul 2005] A council may expend its funds for the purpose of exercising its powers or carrying out its functions under this or any other Act within the estimates adopted under section 82. 75Investments [Section 75 Substituted by No. 88 of 1995, s. 12 ] A council may invest any money – (a) in any manner in which a trustee is authorised by law to invest trust funds; and (b) in any investment the Treasurer approves. 76Writing off bad debts (1) A council may write off any debts owed to the council – (a) if there are no reasonable prospects of recovering the debt; or (b) if the costs of recovery are likely to equal or exceed the amount to be recovered. (2) A council must not write off a debt unless the general manager has certified – (a) that reasonable attempts have been made to recover the debt; or (b) that the costs of recovery are likely to equal or exceed the amount to be recovered. 77Grants and benefits (1)  [Section 77 Subsection (1) amended by No. 8 of 2005, s. 57, Applied:01 Jul 2005] [Section 77 Subsection (1) amended by No. 34 of 1999, s. 37, Applied:30 Jun 1999] A council may make a grant or provide a pecuniary benefit or a non-pecuniary benefit that is not a legal entitlement to any person, other than a councillor, for any purpose it considers appropriate. (1A)  [Section 77 Subsection (1A) inserted by No. 8 of 2005, s. 57, Applied:01 Jul 2005] A benefit provided under subsection (1) may include – (a) in-kind assistance; and (b) fully or partially reduced fees, rates or charges; and (c) remission of rates or charges under Part 9. (2) The details of any grant made or benefit provided are to be included in the annual report of the council. Division 2Borrowings78Borrowings (1) A council, for the purpose of raising a loan or obtaining any form of financial accommodation, may decide by an absolute majority to provide any of the following forms of security: (a) debentures; (b) bills of sale, mortgages or other charges; (c) inscribed stock; (d) guarantees; (e) any other document evidencing indebtedness other than bearer instruments. (2)  [Section 78 Subsection (2) substituted by No. 88 of 1995, s. 13 ] A council may not raise a loan in any financial year exceeding any amount the Treasurer determines for that financial year. (3)  In this section, loan includes any financing arrangement as determined by the Treasurer. 79Debentures and inscribed stock (1) If a council proposes to issue debentures or inscribed stock for the purpose of raising money, it must – (a) assign a distinguishing classification to the debentures or inscribed stock to be included in the issue so as to distinguish them from those included or to be included in previous or subsequent issues; and (b) appoint a trustee for the holders of the debentures or inscribed stock if the debentures or stock are being offered generally to members of the public. (2)  The holders of debentures or inscribed stock of a particular classification rank equally and have priority over the holders of debentures or inscribed stock included in a subsequent issue. (3) If a council defaults in carrying out its obligations under a loan secured by debentures or inscribed stock charged on the general revenue of the council, the Supreme Court may, on the application of a creditor or trustee for the holders of the debentures or inscribed stock – (a) direct the council to appropriate a specified portion of its revenue to the satisfaction of its obligations under the loan; or (b) require the council to raise a specified amount by way of rates and order that the amount raised be applied towards satisfaction of the council’s obligations under the loan; or (c) give such other directions as are necessary or desirable. (4)  The rights of the creditor or trustee under subsection (3) are in addition to any other right that exists independently of that subsection. (5)  In this section, debenture includes any form of charge on the general revenue of a council. 80Limit on borrowing (1) Except with the approval of the Minister, a council may not borrow additional money for any purpose if the annual payments required to service the total borrowings would exceed 30% of its revenue of the preceding financial year. (2) Grants made to a council for specific purposes are to be excluded in calculating 30% of revenue of the council. Division 3Accounts and audit81Authorised deposit-taking institution accounts [Section 81 Amended by No. 62 of 1996, s. 3 and Sched. 1 ][Section 81 Substituted by No. 74 of 1999, Sched. 2, Applied:01 Jan 2000] A council may establish and maintain in its corporate name such authorised deposit-taking institution accounts as it considers necessary. 82Estimates (1) The general manager must prepare estimates of the council’s revenue and expenditure for each financial year. (2)  Estimates are to contain details of the following: (a) the estimated revenue of the council; (b) the estimated expenditure of the council; (c) the estimated borrowings by the council; (d) the estimated capital works of the council; (e) any other detail required by the Minister. (3) Estimates for a financial year must – (a) be adopted by the council, with or without alteration, by absolute majority; and (b) be adopted before 31 August in that financial year; and (c) not be adopted more than one month before the start of that financial year. (4) A council may alter by absolute majority any estimate referred to in subsection (2) during the financial year. (5)  [Section 82 Subsection (5) inserted by No. 34 of 1999, s. 38, Applied:30 Jun 1999] A council may make adjustments to individual items within any estimate referred to in subsection (2) by a simple majority so long as the total amount of the estimate is not altered. (6)  [Section 82 Subsection (6) inserted by No. 8 of 2005, s. 58, Applied:01 Jul 2005] A council, by absolute majority, may authorise the general manager to make minor adjustments up to specified amounts to individual items within any estimate referred to in subsection (2) so long as the total amount of the estimate is not altered. (7)  [Section 82 Subsection (7) inserted by No. 8 of 2005, s. 58, Applied:01 Jul 2005] The general manager is to report any adjustment and an explanation of the adjustment at the first ordinary meeting of the council following the adjustment. 82APower of general manager to meet current and accruing requirements [Section 82A Inserted by No. 47 of 2017, s. 18, Applied:22 Nov 2017] (1) If a council has not adopted before the end of a financial year, or considers that it is unlikely to so adopt, under section 82, estimates for the next financial year, the council may authorise the general manager to issue and apply in accordance with this section such amounts as may be necessary to meet the current and accruing requirements of the council for the months of July and August in that financial year. (2) If authorised to do so by the council under subsection (1), a general manager may issue and apply, in accordance with this section and any conditions specified by the council in the authorisation, such amounts as may be necessary to meet the current and accruing requirements of the council for the months of July and August in that financial year. (3) The authority of a general manager under this section to issue and apply amounts ceases on the adoption, by the council under section 82, of estimates for the relevant financial year, and does not in any event extend beyond 31 August in that financial year. (4) All amounts issued and applied under this section are taken to have been issued and applied in accordance with the estimates later adopted by the council under section 82 for the relevant financial year. (5) Amounts issued and applied by the general manager under this section for any one month are not, in total, to exceed the amount that would be equivalent to the expenditure for the month of June of the immediately preceding financial year in respect of all salaries, pay, wages, allowances, contracts, supplies, services, rents, other charges and all ordinary contingencies of the council. (6) The issue or application of any amount under this section is to be issued or applied out of the cash reserves of the council. 83RecordsThe general manager is to keep records of – (a) [Section 83 Amended by No. 34 of 1999, s. 39, Applied:30 Jun 1999] the transactions and activities of the council, council committees, special committees and controlling authorities; and (b) the assets and liabilities of the council. 84Financial statements (1)  [Section 84 Subsection (1) substituted by No. 34 of 1999, s. 40, Applied:30 Jun 1999] [Section 84 Subsection (1) substituted by No. 50 of 2008, Sched. 2, Applied:01 Jul 2010] The general manager is to prepare and forward to the Auditor-General a copy of the council’s financial statements for each financial year in accordance with the Audit Act 2008. (2)  [Section 84 Subsection (2) amended by No. 34 of 1999, s. 40, Applied:30 Jun 1999] Any financial statement for a financial year is to– (a) [Section 84 Subsection (2) amended by No. 34 of 1999, s. 40, Applied:30 Jun 1999] [Section 84 Subsection (2) amended by No. 8 of 2005, s. 59, Applied:01 Jul 2005] [Section 84 Subsection (2) amended by No. 50 of 2008, Sched. 2, Applied:01 Jul 2010] .  .  .  .  .  .  .  .   (b) [Section 84 Subsection (2) amended by No. 34 of 1999, s. 40, Applied:30 Jun 1999] specify any interests as notified to the general manager of any councillor in respect of any body or organisation with which the council has major financial dealings; and (c) contain a comparison between the council’s actual and estimated revenue and expenditure for that financial year; and (d) [Section 84 Subsection (2) amended by No. 34 of 1999, s. 40, Applied:30 Jun 1999] contain a statement of any revenue and expenditure of a council committee, a special committee or a controlling authority; and (da) [Section 84 Subsection (2) amended by No. 34 of 1999, s. 40, Applied:30 Jun 1999] [Section 84 Subsection (2) amended by No. 38 of 2000, s. 29, Applied:14 Jul 2000] contain a statement of the operating, capital and competitive neutrality costs in respect of each significant business activity undertaken by the council during that financial year together with a statement of the revenue associated with that activity; and (db) [Section 84 Subsection (2) amended by No. 52 of 2013, s. 63, Applied:07 Feb 2014] contain financial management indicators, and asset management indicators, specified in an order under subsection (2A); and (e) contain any other information the Minister determines. (2A)  [Section 84 Subsection (2A) inserted by No. 52 of 2013, s. 63, Applied:07 Feb 2014] The Minister, by order, may specify – (a) financial management indicators; and (b) asset management indicators – to be included in the financial statements of councils. (2B)  [Section 84 Subsection (2B) inserted by No. 52 of 2013, s. 63, Applied:07 Feb 2014] The Minister is to consult with councils as to the matters to be included in an order under subsection (2A). (3)  [Section 84 Subsection (3) substituted by No. 34 of 1999, s. 40, Applied:30 Jun 1999] The general manager is to certify that, in accordance with this Act and any other relevant Act, the financial statements fairly represent – (a) the financial position of the council; and (b) the results of the council’s operations; and (c) the cash flow of the council. (4)  [Section 84 Subsection (4) substituted by No. 34 of 1999, s. 40, Applied:30 Jun 1999] The general manager is to ensure that the certified financial statements are tabled at a meeting of the council as soon as practicable. (5)  [Section 84 Subsection (5) inserted by No. 34 of 1999, s. 40, Applied:30 Jun 1999] In this section –[Section 84 Subsection (5) amended by No. 8 of 2005, s. 59, Applied:01 Jul 2005] competitive neutrality costs means the costs required to be taken into account under the competitive neutrality principles. Division 4Audit panels85Audit panels [Section 85 Subsection (1) amended by No. 50 of 2008, Sched. 1, Applied:01 Mar 2009] [Section 85 Subsection (1) amended by No. 34 of 1999, s. 41, Applied:30 Jun 1999] [Section 85 Repealed by No. 50 of 2008, Sched. 2, Applied:01 Jul 2010] [Section 85 Inserted by No. 52 of 2013, s. 64, Applied:07 Feb 2014] (1) A council is to establish an audit panel in respect of the council. (2) An audit panel in respect of a council is to be constituted in accordance with the requirements, if any, of an order under section 85B. (3)  [Section 85 Subsection (3) inserted by No. 34 of 2018, s. 20, Applied:10 Dec 2018] An audit panel is not a special committee for the purposes of this Act. 85AFunctions of audit panels [Section 85A Inserted by No. 52 of 2013, s. 64, Applied:07 Feb 2014] (1)  An audit panel established under section 85 is to review the council’s performance in relation to – (a) the council’s financial system, financial governance arrangements and financial management; and (b) all plans of the council under Part 7; and (c) all policies, systems and controls the council has in place to safeguard its long-term financial position; and (d) any other matters specified in an order under section 85B as matters that an audit panel is to consider in such a review. (2) A council, audit panel or person is to comply with the requirements, specified in an order under section 85B, that apply in relation to the council, audit panel or person. 85BOrders in relation to audit panels [Section 85B Inserted by No. 52 of 2013, s. 64, Applied:07 Feb 2014] (1)  The Minister, by order, may – (a) specify the matters that, in addition to the matters specified in section 85A(1)(a), (b) and (c), are to be considered by an audit panel in a review for the purposes of section 85A; and (b) specify the requirements in accordance with which an audit panel under section 85 is to be constituted, including but not limited to the qualifications, or experience, or both, that a person who is a member of such a panel is required to have; and (c) specify any other requirements relating to reviews, and audit panels, for the purposes of section 85A, including but not limited to the conduct of such reviews and the actions to be taken as a result of the holding of such reviews. (2)  The Minister is to consult with councils as to the matters to be included in an order under subsection (1). PART 9Rates and ChargesDivision 1General provisions86Interpretation of Part 9 [Section 86 Amended by No. 8 of 1995, s. 5 ] In this Part –[Section 86 Amended by No. 34 of 1999, s. 42, Applied:30 Jun 1999] [Section 86 Amended by No. 39 of 2006, s. 40, Applied:01 Jan 2007] adjustment factor means an adjustment factor determined under Part 9A of the Valuation of Land Act 2001; [Section 86 Amended by No. 34 of 1999, s. 42, Applied:30 Jun 1999] [Section 86 Amended by No. 102 of 2001, Sched. 2, Applied:28 Jun 2002] assessed annual value means the assessed annual value as determined by the Valuer-General under the Valuation of Land Act 2001 and adjusted under this Act; [Section 86 Amended by No. 52 of 2011, s. 4, Applied:22 Dec 2011] averaged area rate means an averaged area rate made under section 109A(1); [Section 86 Amended by No. 34 of 1999, s. 42, Applied:30 Jun 1999] [Section 86 Amended by No. 102 of 2001, Sched. 2, Applied:28 Jun 2002] capital value means the capital value as determined by the Valuer-General under the Valuation of Land Act 2001 and adjusted under this Act; [Section 86 Amended by No. 52 of 2011, s. 4, Applied:22 Dec 2011] category of rateable land means a category of rateable land specified in section 109A(5); [Section 86 Amended by No. 52 of 2011, s. 4, Applied:22 Dec 2011] certificate means a certificate issued under section 109H; [Section 86 Amended by No. 34 of 1999, s. 42, Applied:30 Jun 1999] Consumer Price Index figure means the Consumer Price Index: All Groups Index Number for Hobart published by the Australian Statistician under the authority of the Census and Statistics Act 1905 of the Commonwealth; [Section 86 Amended by No. 39 of 2006, s. 40, Applied:01 Jan 2007] fresh valuation means a fresh valuation made under the Valuation of Land Act 2001; general rate means a rate made under section 90; [Section 86 Amended by No. 102 of 2001, Sched. 2, Applied:28 Jun 2002] land means a parcel of land which is shown as being separately valued in the valuation list prepared under the Valuation of Land Act 2001; [Section 86 Amended by No. 34 of 1999, s. 42, Applied:30 Jun 1999] [Section 86 Amended by No. 102 of 2001, Sched. 2, Applied:28 Jun 2002] land value means the land value as determined by the Valuer-General under the Valuation of Land Act 2001 and adjusted under this Act; notice of variation means a notice referred to in section 108; occupier means a person who has possession of land; [Section 86 Amended by No. 102 of 2001, Sched. 2, Applied:28 Jun 2002] owner of land means a person whose name appears as the owner on a valuation roll prepared under the Valuation of Land Act 2001; rate means a general rate, separate rate, construction rate and service rate and includes – (a) [Section 86 Amended by No. 7 of 2011, s. 5, Applied:06 Jun 2011] [Section 86 Amended by No. 52 of 2011, s. 4, Applied:22 Dec 2011] for the purposes of section 88A, a charge or an averaged area rate made under this Part; and (ab) [Section 86 Amended by No. 8 of 2005, s. 60, Applied:01 Jul 2005] [Section 86 Amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] [Section 86 Amended by No. 7 of 2011, s. 5, Applied:06 Jun 2011] [Section 86 Amended by No. 52 of 2011, s. 4, Applied:22 Dec 2011] for the purposes of Division 9, a charge or an averaged area rate made under this Part; and (b) for the purposes of Divisions 10 and 11 – (i) [Section 86 Amended by No. 52 of 2011, s. 4, Applied:22 Dec 2011] a charge or an averaged area rate made under this Part; and (ii) any penalty imposed and interest charged under section 128; [Section 86 Amended by No. 52 of 2011, s. 4, Applied:22 Dec 2011] ratepayer means the person liable to pay rates or an averaged area rate in respect of land in accordance with this Part; rates notice means – (a) a supplementary notice under section 92; and (b) a notice under section 122; [Section 86 Amended by No. 39 of 2006, s. 40, Applied:01 Jan 2007] rating authority means a council or other statutory authority authorised by law to make and levy rates or charges in respect of land in any defined area; [Section 86 Amended by No. 19 of 2017, s. 5, Applied:23 Jun 2017] relevant right to occupation – see section 86AA; separate rate means a rate made under section 100; service charge means a charge made under section 94; service rate means a rate made under section 93; [Section 86 Amended by No. 8 of 2005, s. 60, Applied:01 Jul 2005] strata scheme means a strata scheme as defined in the Strata Titles Act 1998; [Section 86 Amended by No. 102 of 2001, Sched. 2, Applied:28 Jun 2002] supplementary valuation means a supplementary valuation made under the Valuation of Land Act 2001. 86AARelevant right to occupation [Section 86AA Inserted by No. 19 of 2017, s. 6, Applied:23 Jun 2017] (1)  For the purposes of this Part, a relevant right to occupation means – (a) a relevant lease; or (b) a private purposes licence. (2) For the purposes of this section, a relevant lease is a lease other than a lease, in relation to a seabed, that is granted and in force under Part 4 of the Marine Farming Planning Act 1995. (3)  For the purposes of this section, a private purposes licence, in relation to land, is a licence – (a) that confers, either expressly or by implication, a right on the holder of the licence to exclude, from the land, a person other than the Crown; and (b) that is not a licence primarily for the benefit of the Crown. (4)  Without limiting the circumstances in which a licence is to be taken to confer a right on the holder of the licence to exclude, from the land, a person other than the Crown for the purposes of subsection (3), a licence may be taken to confer such a right, despite a term or condition of the licence which states that it does not confer an exclusive right to occupy the land, if, on a proper construction of the licence, the term or condition is intended only to ensure that the Crown may not be excluded from the land. (5)  For the purposes of subsection (3), a licence is to be taken to be a licence primarily for the benefit of the Crown if – (a) it is granted for the primary purpose of assisting the Crown – (i) to perform its responsibilities to control weeds or pests on the land or other land; or (ii) to reduce or manage vegetation so as to reduce the risk of the spread of bushfire on the land or other land; or (iii) to beautify an area of land; or (iv) to carry out another responsibility of the Crown that is of a prescribed type; or (b) the licence is within a class of licences that is prescribed for the purposes of this paragraph. 86AGeneral principles in relation to making or varying rates [Section 86A Inserted by No. 52 of 2011, s. 5, Applied:22 Dec 2011] (1) A council, in adopting policies and making decisions concerning the making or varying of rates, must take into account the principles that – (a) rates constitute taxation for the purposes of local government, rather than a fee for a service; and (b) the value of rateable land is an indicator of the capacity of the ratepayer in respect of that land to pay rates. (2)  Despite subsection (1), the exercise of a council’s powers to make or vary rates cannot be challenged on the grounds that the principles referred to in that subsection have not been taken into account by the council. 86BRating and charging policies to be made available to public [Section 86B Inserted by No. 52 of 2011, s. 5, Applied:22 Dec 2011] (1) A council must adopt a rates and charges policy by 31 August 2012. (2) A council’s rates and charges policy must contain – (a) a statement of the policy that the council intends to apply in exercising its powers, or performing its functions, under this Part; and (b) a statement of policy in respect of prescribed matters, if any. (3) A council’s rates and charges policy in relation to the making or varying of a rate must take into account the principles referred to in section 86A(1). (4) A council must review its rates and charges policy – (a) by the end of each successive 4-year period after 31 August 2012; and (b) at the same time as, or before, making a type of rate, charge or averaged area rate in respect of a financial year, if a rate, charge or averaged area rate of that type was not made in respect of the previous financial year; and (c) at the same time as, or before, making under section 107 a variation of a rate or charge in respect of a financial year, if such a variation of that rate or charge was not made in respect of the previous financial year; and (d) at the same time as, or before, setting a minimum amount under this Part; and (e) at the same time as, or before, altering the circumstances in which a rate, charge or averaged area rate, or a variation of a rate or charge, is to apply to rateable land. (5) A council, as soon as reasonably practicable after adopting or altering its rates and charges policy, must make copies of the policy as so adopted or altered available to the public – (a) in paper form, on payment of a reasonable charge; and (b) in electronic form, at a website of the council, free of charge. (6) A rate, averaged area rate or charge is not invalid by reason only that it does not conform to the council’s rates and charges policy. 87Exemption from rates (1)  [Section 87 Subsection (1) amended by No. 52 of 2011, s. 6, Applied:22 Dec 2011] [Section 87 Subsection (1) amended by No. 98 of 1995, s. 42 and Sched. 5 ] All land is rateable except that the following are exempt from general and separate rates, averaged area rates, and any rate collected under section 88 or 97: (a) land owned and occupied exclusively by the Commonwealth; (b) [Section 87 Subsection (1) amended by No. 34 of 1999, s. 43, Applied:30 Jun 1999] [Section 87 Subsection (1) amended by No. 65 of 2003, s. 11, Applied:01 Jul 2004] [Section 87 Subsection (1) amended by No. 19 of 2017, s. 7, Applied:23 Jun 2017] land held or owned by the Crown that is not land to which a relevant right to occupation relates and that is land that – (i) is a national park, within the meaning of the Nature Conservation Act 2002; or (ii) is a conservation area, within the meaning of the Nature Conservation Act 2002; or (iii) is a nature recreation area, within the meaning of the Nature Conservation Act 2002; or (iv) is a nature reserve, within the meaning of the Nature Conservation Act 2002; or (v) is a regional reserve, within the meaning of the Nature Conservation Act 2002; or (vi) is a State reserve, within the meaning of the Nature Conservation Act 2002; or (vii) is a game reserve, within the meaning of the Nature Conservation Act 2002; or (viii) [Section 87 Subsection (1) amended by No. 50 of 2013, Sched. 1, Applied:11 Dec 2013] .  .  .  .  .  .  .  .   (ix) is a public reserve, within the meaning of the Crown Lands Act 1976; or (x) is a public park used for recreational purposes and for which free public access is normally provided; or (xi) is a road, within the meaning of the Roads and Jetties Act 1935; or (xii) is a way, within the meaning of the Local Government (Highways) Act 1982; or (xiii) is a marine facility, within the meaning of the Marine and Safety Authority Act 1997; or (xiv) [Section 87 Subsection (1) amended by No. 64 of 2009, s. 185, Applied:24 Nov 2010] [Section 87 Subsection (1) amended by No. 38 of 2012, Sched. 1, Applied:20 Jan 2013] supports a running line and siding within the meaning of the Rail Safety National Law (Tasmania) Act 2012; (ba) [Section 87 Subsection (1) amended by No. 19 of 2017, s. 7, Applied:23 Jun 2017] land, held or owned by the Crown, that is a seabed – (i) on land to which relates a lease granted and in force under Part 4 of the Marine Farming Planning Act 1995; or (ii) on land, if no lease (other than a lease referred to in subparagraph (i) ), or licence, has been granted by the Crown in relation to the land and is in force; or (c) [Section 87 Subsection (1) amended by No. 16 of 1997, Sched. 1, Applied:30 Jul 1997] [Section 87 Subsection (1) amended by No. 65 of 2003, s. 11, Applied:01 Jul 2004] land owned by the Hydro-Electric Corporation or land owned by a subsidiary, within the meaning of the Government Business Enterprises Act 1995, of the Hydro-Electric Corporation on which assets or operations relating to electricity infrastructure, within the meaning of the Hydro-Electric Corporation Act 1995, other than wind-power developments, are located; (d) [Section 87 Subsection (1) amended by No. 34 of 1999, s. 43, Applied:30 Jun 1999] [Section 87 Subsection (1) amended by No. 65 of 2003, s. 11, Applied:01 Jul 2004] land or part of land owned and occupied exclusively for charitable purposes; (da) Aboriginal land, within the meaning of the Aboriginal Lands Act 1995, which is used principally for Aboriginal cultural purposes; (e) [Section 87 Subsection (1) amended by No. 34 of 1999, s. 43, Applied:30 Jun 1999] land or part of land owned and occupied exclusively by a council. (2)  [Section 87 Subsection (2) amended by No. 52 of 2011, s. 6, Applied:22 Dec 2011] The owner of any land referred to in subsection (1) may agree to pay general or separate rates or an averaged area rate. (3)  [Section 87 Subsection (3) amended by No. 52 of 2011, s. 6, Applied:22 Dec 2011] [Section 87 Subsection (3) amended by No. 34 of 1999, s. 43, Applied:30 Jun 1999] [Section 87 Subsection (3) amended by No. 16 of 1997, Sched. 1, Applied:30 Jul 1997] [Section 87 Subsection (3) amended by No. 59 of 1996, s. 7 ] Land occupied by a joint authority or single authority to which Part 3A applies is not exempt from rates or averaged area rates. (4)  [Section 87 Subsection (4) inserted by No. 20 of 1995, s. 3 and Sched. 1 ][Section 87 Subsection (4) omitted by No. 65 of 2003, s. 11, Applied:01 Jul 2004] .  .  .  .  .  .  .  .   88Rates collected on behalf of authorities (1)  [Section 88 Subsection (1) amended by No. 102 of 2001, Sched. 2, Applied:28 Jun 2002] A statutory authority which has power to make rates based on the valuation list under the Valuation of Land Act 2001 may enter into an agreement with a council for the council to collect the rates on its behalf. (2) An agreement may contain a provision that the statutory authority is to pay the council a commission for the collection of the rates. (3) If a council agrees to collect rates on behalf of a statutory authority, the council may – (a) incorporate the rates with its own rates; and (b) recover the rates under Division 10 as if they were a debt due to the council. 88ACapping of rate increases [Section 88A Inserted by No. 7 of 2011, s. 6, Applied:06 Jun 2011] (1) A council, by absolute majority, may, in making a rate under this Part – (a) set a maximum percentage increase in any or all of the rates payable on any rateable land within its area; and (b) declare that a maximum percentage increase set under paragraph (a) varies within the municipal area or within different parts of the municipal area according to any or all, or a combination of any or all, of the factors specified in section 107. (2)  For the purposes of subsection (1), a council may – (a) grant a remission under section 129; and (b) fix conditions that are to apply in order for a ratepayer, or class of ratepayers, to qualify for a maximum percentage increase. (3)  Regulations may be made under this Act in relation to the setting and application of a maximum percentage increase in a rate. 89Adjustments to values [Section 89 Amended by No. 8 of 1995, s. 6 ] (1)  [Section 89 Subsection (1) substituted by No. 39 of 2006, s. 41, Applied:01 Jan 2007] The Valuer-General, with the approval of the Minister, may determine that the assessed annual value, capital value or land value of land – (a) in a newly created municipal area; or (b) in a municipal area any boundary of which has been varied – is to be amended so as to accord with the most recent values prevailing in the municipal area. (2)  [Section 89 Subsection (2) amended by No. 102 of 2001, Sched. 2, Applied:28 Jun 2002] [Section 89 Subsection (2) added by No. 8 of 1995, s. 6 ][Section 89 Subsection (2) substituted by No. 39 of 2006, s. 41, Applied:01 Jan 2007] Any amendment made under subsection (1) applies until a fresh valuation is made in respect of the municipal area under the Valuation of Land Act 2001 or is subject to an adjustment factor provided by the Valuer-General under Part 9A of that Act. 89AValues under Valuation of Land Act 2001 to be used as basis of rates [Section 89A Inserted by No. 102 of 2001, Sched. 1, Applied:28 Jun 2002] (1)  [Section 89A Subsection (1) omitted by No. 39 of 2006, s. 42, Applied:01 Jan 2007] .  .  .  .  .  .  .  .   (2)  For the purposes of any other enactment relating to the assessment, imposition or levying of any rate required to be assessed with reference to, or imposed or levied on – (a) the land value; or (b) the capital value; or (c) [Section 89A Subsection (2) amended by No. 39 of 2006, s. 42, Applied:01 Jan 2007] the assessed annual value or any portion of the assessed annual value as determined by the Valuer-General under section 11(3)(c) of the Valuation of Land Act 2001  – (d) [Section 89A Subsection (2) amended by No. 39 of 2006, s. 42, Applied:01 Jan 2007] .  .  .  .  .  .  .  .   of any land, a rate is to be assessed, imposed or levied, as the case may be, on or with reference to the values appearing in the valuation lists under section 45 of the Valuation of Land Act 2001 as last provided by the Valuer-General before the first day of the period in respect of which the rate is assessed, imposed or levied. (2A)  [Section 89A Subsection (2A) inserted by No. 39 of 2006, s. 42, Applied:01 Jan 2007] In subsection (2), a reference to the values appearing in the valuation lists is taken to be a reference to those values as affected by any adjustment factors provided by the Valuer-General. (3)  [Section 89A Subsection (3) amended by No. 39 of 2006, s. 42, Applied:01 Jan 2007] Where a valuation is altered or a supplementary valuation is made, it is to take effect and the value so determined is to be used instead of the relevant value required by subsection (2), in accordance with the following rules: (a) [Section 89A Subsection (3) amended by No. 39 of 2006, s. 42, Applied:01 Jan 2007] where a valuation is altered or an adjustment factor is varied by the Valuer-General consequent on any of the following actions: (i) the allowance of an objection under section 30 of the Valuation of Land Act 2001; (ii) an order of the Land Valuation Court under Part 7 of that Act; (iii) an order of the Supreme Court under section 40 of that Act; (iv) a review of an adjustment factor under section 50B(1) of that Act – the altered valuation or the variation of the adjustment factor has effect on and from the date on which the valuation or the adjustment factor objected to would have taken effect; (b) [Section 89A Subsection (3) amended by No. 39 of 2006, s. 42, Applied:01 Jan 2007] where a supplementary valuation has been made as required by section 18(1) of the Valuation of Land Act 2001, it has effect – (i) [Section 89A Subsection (3) amended by No. 39 of 2006, s. 42, Applied:01 Jan 2007] where the event on which the supplementary valuation became necessary occurred before the commencement of the rating period in which the relevant supplementary valuation list is provided to the rating authority, from the commencement of that period; and (ii) [Section 89A Subsection (3) amended by No. 8 of 2005, s. 61, Applied:01 Jul 2005] [Section 89A Subsection (3) amended by No. 39 of 2006, s. 42, Applied:01 Jan 2007] where the event on which the supplementary valuation became necessary occurred during the rating period in which the relevant supplementary valuation list is provided to the rating authority, from the date of the event; (c) where a supplementary valuation has been made in accordance with section 21(1)(a), (b) or (c) of the Valuation of Land Act 2001, it has effect – (i) on and from the date on which the land became subject to the relevant rate, in a case where that date is after the commencement of the rating period in which the relevant supplementary valuation list is provided to the rating authority; and (ii) in any other case, from the commencement of that rating period; (d) where a supplementary valuation has been made in accordance with section 21(1)(d), (e) or (f) of the Valuation of Land Act 2001, it has effect, except as provided in paragraphs (e) and (f) of this subsection – (i) on and after the date of the valuation, in a case where that date is after the commencement of the rating period in which the relevant supplementary valuation list is provided to the rating authority; and (ii) in any other case, from the commencement of that rating period; (e) where a supplementary valuation has been made under section 21(1)(e) of the Valuation of Land Act 2001 owing to the erection of a building, it has effect – (i) on and after the date of occupation of the building, if that date is after the commencement of the rating period in which the relevant supplementary valuation list is provided to the rating authority; and (ii) on and after the date of the valuation, if that date is not after the date of occupation of the building but is after the commencement of that rating period; and (iii) from the commencement of that rating period, if that commencement is on or after the date of the valuation; (f) where a supplementary valuation has been made under section 21(1)(f) of the Valuation of Land Act 2001 for the purpose of rectifying an error, it has effect – (i) on and from the date on which the error occurred, in a case where that date is after the commencement of the rating period in which the relevant supplementary valuation list is provided to the rating authority; and (ii) in any other case, from the commencement of that rating period. (4)  [Section 89A Subsection (4) amended by No. 39 of 2006, s. 42, Applied:01 Jan 2007] Where a supplementary valuation is made under section 18(1) of the Valuation of Land Act 2001 and the value of the land so valued has since the last relevant valuation been materially increased by reason of improvements, paragraph (d) or (e) of subsection (3) of this section applies to it and not paragraph (b) of that subsection. (4A)  [Section 89A Subsection (4A) amended by No. 52 of 2011, s. 7, Applied:22 Dec 2011] [Section 89A Subsection (4A) amended by No. 39 of 2006, s. 42, Applied:01 Jan 2007] [Section 89A Subsection (4A) inserted by No. 8 of 2005, s. 61, Applied:01 Jul 2005] Where supplementary valuations are made under section 18(1) of the Valuation of Land Act 2001 as a result of a subdivision, the general manager may apportion any unpaid rates, averaged area rates or charges, or penalties imposed or interest charged, under section 128 in proportion to the supplementary valuations on the land now subdivided.

(5)  This section does not apply in a case where provision to the contrary is made in another enactment. 89BRelevant percentages for purposes of minimum amounts [Section 89B Inserted by No. 52 of 2011, s. 8, Applied:22 Dec 2011] (1)  For the purposes of section 90(5)(a) and section 107(2B)(a), the relevant percentage in respect of a council for the 2012-2013 financial year is – (a) 50%; or (b) another higher percentage for that financial year that has been determined, in an order under subsection (8) in respect of the council, for the purposes of that provision. (2)  For the purposes of section 90(5)(b) and section 107(2B)(b), the relevant percentage in respect of a council for a financial year to which those provisions apply is – (a) 35%; or (b) another higher percentage for that financial year that has been determined, in an order under subsection (8) in respect of the council, for the purposes of that provision. (3) A council may apply to the Minister for the issue under subsection (8) of an order in relation to the council. (4)  An application under subsection (3) by a council for an order is to specify – (a) the financial year, or financial years, in respect of which the order is sought; and (b) the provision or provisions, referred to in subsection (1) or (2), in respect of which the order is sought; and (c) the percentage amount that the council is of the opinion ought to be determined in respect of a financial year, and a provision, in respect of which the order is sought; and (d) information as to why the council is of the opinion that the grounds, specified in subsection (7), for the Minister to make the order are satisfied. (5) The Minister may request the council to provide to the Minister the further information, in relation to an application by the council under subsection (3), that the Minister requests. (6)  The Minister may, after receiving an application under subsection (3) from a council – (a) make an order under subsection (8) in relation to the application; or (b) refuse to make an order under subsection (8) in relation to the application. (7)  The Minister may only make an order under subsection (8) in relation to an application from a council if he or she is satisfied that it is desirable to do so to ensure that there will not be an unreasonably sudden and significant increase in the amount of rates payable by some ratepayers in the municipal area of the council. (8)  The Minister, by order, may determine that, for the purposes of a provision referred to in subsection (1) or (2) the relevant percentage in respect of a council is, for a financial year, the percentage specified, in the order, in respect of the financial year. (9)  An order under subsection (8) may – (a) apply to one or more provisions referred to in subsection (1) or (2); and (b) apply to one or more financial years; and (c) specify the same, or different, relevant percentages for different financial years; and (d) specify, for the purposes of a provision specified in the order, a percentage that is higher than the percentage specified in subsection (1)(a) or subsection (2)(a). Division 2General rates90General rate (1)  [Section 90 Subsection (1) amended by No. 8 of 1995, s. 7 ] A council may, not earlier than 1 June and not later than 31 August in any year, in respect of each financial year, make one general rate for that year on all rateable land in its municipal area. (2) A council may make a general rate on rateable land whether or not it provides any services in respect of that land. (3)  [Section 90 Subsection (3) amended by No. 8 of 1995, s. 7 ] A general rate is to be based on one of the following categories of values of land: (a) the land value of the land; (b) the capital value of the land; (c) the assessed annual value of the land. (4)  [Section 90 Subsection (4) inserted by No. 8 of 1995, s. 7 ] In making a general rate, a council may set a minimum amount payable in respect of that rate if that rate does not include a fixed charge. (5)  [Section 90 Subsection (5) inserted by No. 52 of 2011, s. 9, Applied:22 Dec 2011] A minimum amount payable in respect of a general rate may not be set by a council under subsection (4) if the minimum amount would – (a) in respect of the 2012-2013 financial year, apply to more than the relevant percentage in respect of the council, as determined under section 89B for that financial year, of the number of areas of land that is rateable land to which no variation under section 107 of the general rate applies; or (b) in respect of any other financial year, apply to more than the relevant percentage in respect of the council, as determined under section 89B for that financial year, of the number of areas of land that is rateable land to which no variation under section 107 of the general rate applies. 91Composition of general rate (1)  A general rate may consist of 2 components – (a) one which is based on the value of the rateable land; and (b) the other which is a fixed charge. (2) If a council makes a general rate which consists of the 2 components, the fixed charge – (a) must apply equally to each rateable land assessment; and (b) [Section 91 Subsection (2) amended by No. 7 of 2011, s. 7, Applied:06 Jun 2011] must be calculated so that the total revenue raised from it does not exceed an amount equal to 50% of the council’s general rates for the year to which the fixed charge relates. 92Adjustment of amount payable [Section 92 Substituted by No. 8 of 1995, s. 8 ] (1) If, during a financial year, a supplementary valuation is made of any land, a council may adjust the amount payable in respect of any rate for that land for that financial year. (2)  The general manager is to issue a supplementary notice in accordance with section 122 in respect of any amount payable as a result of an adjustment under this section. (3)  The general manager may refund or give credit for any amount paid in respect of a rate in excess of the amount payable as a result of an adjustment under this section. Division 3Service rates and service charges93Service rate (1)  [Section 93 Subsection (1) substituted by No. 8 of 1995, s. 9 ] A council may make a service rate for a financial year on rateable land for any, all or a combination of the following services: (a) [Section 93 Subsection (1) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] .  .  .  .  .  .  .  .   (b) [Section 93 Subsection (1) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] .  .  .  .  .  .  .  .   (c) nightsoil removal; (d) waste management; (e) stormwater removal; (f) fire protection; (g) any other prescribed service. (2)  [Section 93 Subsection (2) amended by No. 8 of 1995, s. 9 ] A service rate for a financial year is to be based on the same category of value of land as the general rate is based on under section 90 (3) for that financial year. (3)  [Section 93 Subsection (3) inserted by No. 8 of 1995, s. 9 ] In making a service rate, a council may set a minimum amount payable in respect of that rate. (4)  [Section 93 Subsection (4) amended by No. 8 of 2005, s. 62, Applied:01 Jul 2005] [Section 93 Subsection (4) inserted by No. 8 of 1995, s. 9 ] A council must not make a service rate for a service referred to in subsection (1) in respect of land owned by the Crown if the council does not supply that service to that land. (5)  [Section 93 Subsection (5) inserted by No. 8 of 1995, s. 9 ][Section 93 Subsection (5) omitted by No. 8 of 2005, s. 62, Applied:01 Jul 2005] [Section 93 Subsection (5) inserted by No. 52 of 2011, s. 10, Applied:22 Dec 2011] For the purpose of this Part, establishing, managing, providing or rehabilitating waste management facilities is to be taken to be part of – (a) a waste management service; and (b) the supplying, or making available, of waste management services to land. 93AService rate for fire protection [Section 93A Inserted by No. 8 of 2005, s. 63, Applied:01 Jul 2005] (1) A council may make a service rate or several service rates in respect of the fire service contributions it must collect under the Fire Service Act 1979. (2)  A service rate or service rates made under subsection (1) must be for the contribution specified in a notice issued under section 81B of the Fire Service Act 1979. 94Service charge (1)  [Section 94 Subsection (1) amended by No. 8 of 1995, s. 10 ] In addition to, or instead of, making a service rate under section 93, a council, when making a general rate in respect of a financial year, may make a separate service charge for that financial year for any or all of the services specified in that section which the council supplies or makes available. (2)  [Section 94 Subsection (2) substituted by No. 8 of 1995, s. 10 ][Section 94 Subsection (2) amended by No. 88 of 1995, s. 14 ][Section 94 Subsection (2) substituted by No. 38 of 2000, s. 30, Applied:14 Jul 2000] [Section 94 Subsection (2) omitted by No. 8 of 2005, s. 64, Applied:01 Jul 2005] .  .  .  .  .  .  .  .   (2A)  [Section 94 Subsection (2A) inserted by No. 88 of 1995, s. 14 ][Section 94 Subsection (2A) omitted by No. 34 of 1999, s. 44, Applied:30 Jun 1999] .  .  .  .  .  .  .  .   (3)  [Section 94 Subsection (3) amended by No. 7 of 2011, s. 8, Applied:06 Jun 2011] [Section 94 Subsection (3) inserted by No. 8 of 1995, s. 10 ] A council may, by absolute majority, declare that a service charge varies within different parts of the municipal area according to any or all, or a combination of any or all, of the factors specified in section 107. (3A)  [Section 94 Subsection (3A) inserted by No. 7 of 2011, s. 8, Applied:06 Jun 2011] In addition to the powers conferred on a council under subsection (3), a council may, by absolute majority, vary a service charge according to the level of service provided. (4)  [Section 94 Subsection (4) amended by No. 8 of 2005, s. 64, Applied:01 Jul 2005] [Section 94 Subsection (4) inserted by No. 8 of 1995, s. 10 ] A council must not make a service charge for a service referred to in section 93 (1) in respect of land owned by the Crown if the council does not supply that service to that land. (5)  [Section 94 Subsection (5) inserted by No. 8 of 1995, s. 10 ][Section 94 Subsection (5) omitted by No. 8 of 2005, s. 64, Applied:01 Jul 2005] .  .  .  .  .  .  .  .   94A95General provisions (1)  [Section 95 Subsection (1) omitted by No. 88 of 1995, s. 15 ].  .  .  .  .  .  .  .   (2)  [Section 95 Subsection (2) omitted by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] .  .  .  .  .  .  .  .   (3)  [Section 95 Subsection (3) omitted by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] .  .  .  .  .  .  .  .   (3A)  [Section 95 Subsection (3A) inserted by No. 8 of 2005, s. 66, Applied:01 Jul 2005] [Section 95 Subsection (3A) omitted by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] .  .  .  .  .  .  .  .   (4)  [Section 95 Subsection (4) amended by No. 8 of 2005, s. 66, Applied:01 Jul 2005] [Section 95 Subsection (4) substituted by No. 8 of 1995, s. 11 ][Section 95 Subsection (4) amended by No. 8 of 2005, s. 66, Applied:01 Jul 2005] [Section 95 Subsection (4) omitted by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] .  .  .  .  .  .  .  .   (5)  [Section 95 Subsection (5) amended by No. 8 of 2005, s. 66, Applied:01 Jul 2005] [Section 95 Subsection (5) inserted by No. 8 of 1995, s. 11 ][Section 95 Subsection (5) omitted by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] .  .  .  .  .  .  .  .   (6)  [Section 95 Subsection (6) inserted by No. 8 of 2005, s. 66, Applied:01 Jul 2005] [Section 95 Subsection (6) omitted by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] .  .  .  .  .  .  .  .   (7)  [Section 95 Subsection (7) inserted by No. 8 of 2005, s. 66, Applied:01 Jul 2005] A council may recover from a council in another municipal area, with that other council’s agreement, any costs incurred by it for any service specified in section 93(1) that it provides in that municipal area. Division 4Construction rates and charges96Interpretation of Division 4For the purposes of this Division –[Section 96 Amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] [Section 96 Amended by No. 71 of 2013, Sched. 2, Applied:19 Dec 2013] [Section 96 Amended by No. 71 of 2013, Sched. 2, Applied:19 Dec 2013] public stormwater system means a public stormwater system as defined in the Urban Drainage Act 2013. [Section 96 Amended by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003] 97Construction rate and charge (1)  [Section 97 Subsection (1) amended by No. 71 of 2013, Sched. 2, Applied:19 Dec 2013] [Section 97 Subsection (1) substituted by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] A council, when making a general rate in respect of each financial year, may make a construction rate or construction charge for that financial year in respect of land that is more than 30 metres, at the nearest boundary, from the public stormwater system. (2)  [Section 97 Subsection (2) amended by No. 71 of 2013, Sched. 2, Applied:19 Dec 2013] [Section 97 Subsection (2) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] A council may make a construction rate or construction charge in respect of land even though the land is not connected to a public stormwater system at the time the rate or charge is made. (3) A construction rate for a financial year is to be based on the same value of land as the general rate is based on under section 90 (3) for that financial year. 98Limit on construction rates and charges (1)  [Section 98 Subsection (1) amended by No. 71 of 2013, Sched. 2, Applied:19 Dec 2013] [Section 98 Subsection (1) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] The amount of a construction rate or construction charge in respect of land that is within 30 metres of a public stormwater system is not to exceed one-half of the service rate or service charge applicable to that land. (2)  A construction rate or construction charge is to apply for any period not exceeding 5 years. 99Rebates and discount [Section 99 Amended by No. 34 of 1999, s. 45, Applied:30 Jun 1999] A council is to rebate or discount a proportional amount of any construction rate or construction charge paid or payable for a financial year in respect of land if during that financial year– (a) [Section 99 Amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] [Section 99 Amended by No. 71 of 2013, Sched. 2, Applied:19 Dec 2013] the land is connected to a public stormwater system; or (b) [Section 99 Amended by No. 71 of 2013, Sched. 2, Applied:19 Dec 2013] there is a public stormwater system within 30 metres of the nearest boundary of that land. Division 5Separate rates and charges100Separate rate or charge [Section 100 Subsection (3) substituted by No. 34 of 1999, s. 46, Applied:30 Jun 1999] [Section 100 Subsection (4) amended by No. 8 of 1995, s. 12 ][Section 100 Subsection (5) inserted by No. 34 of 1999, s. 46, Applied:30 Jun 1999] [Section 100 Substituted by No. 53 of 2002, s. 4, Applied:19 Dec 2002] (1)  [Section 100 Subsection (1) amended by No. 8 of 2005, s. 68, Applied:01 Jul 2005] A council may, by absolute majority, make a separate rate or separate charge in respect of land, or a class of land, within a part of its municipal area. (2)  [Section 100 Subsection (2) amended by No. 8 of 2005, s. 68, Applied:01 Jul 2005] A separate rate or separate charge may be made – (a) [Section 100 Subsection (2) amended by No. 8 of 2005, s. 68, Applied:01 Jul 2005] in addition to any other rates or charges; and (b) in respect of a financial year or part of a financial year; and (c) for the purpose of planning, carrying out, making available, maintaining or improving any thing that in the council’s opinion is, or is intended to be, of particular benefit to – (i) the affected land; or (ii) the owners or occupiers of that land. (3)  [Section 100 Subsection (3) amended by No. 8 of 2005, s. 68, Applied:01 Jul 2005] A separate rate or separate charge must not be made more than one month before the beginning of the financial year in which it commences, but may otherwise be made at any time during a financial year. (3A)  [Section 100 Subsection (3A) inserted by No. 8 of 2005, s. 68, Applied:01 Jul 2005] A separate rate or separate charge applies from – (a) a date specified by the council that is after the date on which it is made; or (b) a date specified by the council that is before the date on which it is made if that date is stated in the notification referred to in section 101(2); or (c) if a date is not specified, the date on which it is made. (4)  [Section 100 Subsection (4) amended by No. 8 of 2005, s. 68, Applied:01 Jul 2005] At the time of making a general rate, a council may, upon the resolution of an absolute majority, continue a separate rate or separate charge applying in respect of a financial year for the next financial year. (5)  [Section 100 Subsection (5) amended by No. 8 of 2005, s. 68, Applied:01 Jul 2005] A separate rate or separate charge cannot be continued beyond the period notified under section 101(2)(d). (6)  [Section 100 Subsection (6) amended by No. 8 of 2005, s. 68, Applied:01 Jul 2005] If a separate rate or separate charge is not continued for a particular financial year, the separate rate or separate charge must not be continued in respect of a subsequent financial year. (7)  [Section 100 Subsection (7) amended by No. 8 of 2005, s. 68, Applied:01 Jul 2005] A separate rate or separate charge must not be continued for a period of more than 5 financial years unless, in the fifth financial year – (a) [Section 100 Subsection (7) amended by No. 8 of 2005, s. 68, Applied:01 Jul 2005] the council resolves to continue the separate rate or separate charge under subsection (4); and (b) [Section 100 Subsection (7) amended by No. 8 of 2005, s. 68, Applied:01 Jul 2005] the separate rate or separate charge is reviewed in accordance with section 105A. (8)  [Section 100 Subsection (8) amended by No. 8 of 2005, s. 68, Applied:01 Jul 2005] A separate rate or separate charge for a financial year is to be based on the same category of value of land as is applicable to the general rate for that financial year under section 90 (3). 101Intention to make separate rate or charge (1)  [Section 101 Subsection (1) amended by No. 8 of 2005, s. 69, Applied:01 Jul 2005] [Section 101 Subsection (1) amended by No. 53 of 2002, s. 5, Applied:19 Dec 2002] [Section 101 Subsection (1) substituted by No. 8 of 1995, s. 13 ] Before the council makes a separate rate or separate charge, including a separate rate first-mentioned in section 105, the general manager is to– (a) [Section 101 Subsection (1) amended by No. 53 of 2002, s. 5, Applied:19 Dec 2002] [Section 101 Subsection (1) amended by No. 8 of 2005, s. 69, Applied:01 Jul 2005] make all reasonable attempts to notify all ratepayers likely to be affected by the making of the separate rate or separate charge; and (b) [Section 101 Subsection (1) amended by No. 53 of 2002, s. 5, Applied:19 Dec 2002] [Section 101 Subsection (1) amended by No. 8 of 2005, s. 69, Applied:01 Jul 2005] notify the council’s intention to make the separate rate or separate charge in a daily newspaper circulating in the municipal area. (2)  A notification is to – (a) [Section 101 Subsection (2) amended by No. 8 of 2005, s. 69, Applied:01 Jul 2005] state the area to which the separate rate or separate charge is to apply; and (b) [Section 101 Subsection (2) amended by No. 8 of 2005, s. 69, Applied:01 Jul 2005] state the purpose for which the separate rate or separate charge is to apply; and (c) [Section 101 Subsection (2) amended by No. 8 of 2005, s. 69, Applied:01 Jul 2005] state the amount of the separate rate or separate charge; and (ca) [Section 101 Subsection (2) amended by No. 8 of 2005, s. 69, Applied:01 Jul 2005] state the date from which the separate rate or separate charge is to apply if that date is before the date on which it is made; and (d) [Section 101 Subsection (2) amended by No. 53 of 2002, s. 5, Applied:19 Dec 2002] [Section 101 Subsection (2) amended by No. 8 of 2005, s. 69, Applied:01 Jul 2005] state the period during which the separate rate or separate charge is to apply; and (e) [Section 101 Subsection (2) amended by No. 53 of 2002, s. 5, Applied:19 Dec 2002] invite the ratepayers, owners and occupiers of affected land to make submissions in accordance with section 102; and (f) [Section 101 Subsection (2) amended by No. 53 of 2002, s. 5, Applied:19 Dec 2002] advise that ratepayers of affected land may present a petition under section 103. (3)  [Section 101 Subsection (3) amended by No. 8 of 2005, s. 69, Applied:01 Jul 2005] [Section 101 Subsection (3) inserted by No. 53 of 2002, s. 5, Applied:19 Dec 2002] This section does not apply to the continuation of a separate rate or separate charge under section 100(4). 102Submissions [Section 102 Amended by No. 8 of 2005, s. 70, Applied:01 Jul 2005] A submission relating to a separate rate or separate charge– (a) is to be in writing; and (ab) [Section 102 Amended by No. 53 of 2002, s. 6, Applied:19 Dec 2002] [Section 102 Amended by No. 8 of 2005, s. 70, Applied:01 Jul 2005] .  .  .  .  .  .  .  .   (b) [Section 102 Amended by No. 53 of 2002, s. 6, Applied:19 Dec 2002] [Section 102 Amended by No. 8 of 2005, s. 70, Applied:01 Jul 2005] is to be lodged with the general manager within 30 days of the date on which a notification is made in a newspaper under section 101. 103Petitions (1)  [Section 103 Subsection (1) amended by No. 8 of 2005, s. 71, Applied:01 Jul 2005] [Section 103 Subsection (1) amended by No. 53 of 2002, s. 7, Applied:19 Dec 2002] Ratepayers affected by the intention of a council to make a separate rate or separate charge may lodge a petition in accordance with section 57 to the council within 30 days of the date on which a notification is made in a newspaper under section 101. (2) If at least 100 affected ratepayers or at least 10% of affected ratepayers, whichever is the lesser, present a petition, the council must arrange a public meeting to discuss the issues involved. 104Consideration by councilA council must consider any submission, petition or results of a public meeting before deciding – (a) [Section 104 Amended by No. 53 of 2002, s. 8, Applied:19 Dec 2002] [Section 104 Amended by No. 8 of 2005, s. 72, Applied:01 Jul 2005] whether or not to make a separate rate or separate charge; or (b) [Section 104 Amended by No. 8 of 2005, s. 72, Applied:01 Jul 2005] the area to which the separate rate or separate charge is to apply; or (c) [Section 104 Amended by No. 8 of 2005, s. 72, Applied:01 Jul 2005] the amount of the separate rate or separate charge; or (d) [Section 104 Amended by No. 8 of 2005, s. 72, Applied:01 Jul 2005] the period during which the separate rate or separate charge is to apply. 105Separate rate or charge for same purpose [Section 105 Amended by No. 8 of 2005, s. 73, Applied:01 Jul 2005] [Section 105 Substituted by No. 34 of 1999, s. 47, Applied:30 Jun 1999] [Section 105 Subsection (2) amended by No. 102 of 2001, Sched. 2, Applied:28 Jun 2002] [Section 105 Substituted by No. 53 of 2002, s. 9, Applied:19 Dec 2002] A council must not make a separate rate or separate charge for the same, or substantially the same, purpose as that of a separate rate or separate charge that the council has applied at any time in the previous 5 financial years unless it conducts a review of that previous separate rate or separate charge in accordance with section 105A. 105AReview of separate rate or charge [Section 105A Inserted by No. 53 of 2002, s. 9, Applied:19 Dec 2002] (1)  [Section 105A Subsection (1) amended by No. 8 of 2005, s. 74, Applied:01 Jul 2005] A review of a separate rate or separate charge is to include an assessment of the particular benefit of the separate rate or separate charge to – (a) the affected land; or (b) the owners or occupiers of that land. (2) Before undertaking a review, the council is to – (a) notify the ratepayers of the affected land of its intention to conduct the review; and (b) publish notification of that intention in a daily newspaper circulating in its municipal area. (3)  Notification published under subsection (2)(b) is to include an invitation to the ratepayers, owners and occupiers of the affected land to make written submissions in respect of the review within 30 days after publication of the notification. (4)  [Section 105A Subsection (4) amended by No. 8 of 2005, s. 74, Applied:01 Jul 2005] In deciding, following a review under this section, whether or not to make or continue a separate rate or separate charge, a council must take into account – (a) any submissions made under subsection (3); and (b) the outcomes of the review. 105BAdjustment of separate rate or charge [Section 105B Amended by No. 8 of 2005, s. 75, Applied:01 Jul 2005] [Section 105B Inserted by No. 53 of 2002, s. 9, Applied:19 Dec 2002] If a separate rate or separate charge applies for more than one financial year, a council may adjust the separate rate or separate charge in a subsequent financial year to take account of any of the following factors: (a) an increase in the Consumer Price Index figure for the previous financial year; (b) an adjustment in the assessed annual value, capital value or land value, on which the separate rate is based, made – (i) under this Act; or (ii) as a result of a fresh valuation under the Valuation of Land Act 2001; (c) any other prescribed matter. 106Refund of separate rate or charge (1)  [Section 106 Subsection (1) amended by No. 8 of 2005, s. 76, Applied:01 Jul 2005] A council is to refund any revenue raised by the payment of a separate rate or separate charge to affected ratepayers if– (a) [Section 106 Subsection (1) amended by No. 8 of 2005, s. 76, Applied:01 Jul 2005] the council resolves not to carry into effect the purpose for which the separate rate or separate charge was imposed; or (b) there is an excess of funds over the amount required for that purpose. (2)  Any refund is to be paid to the affected ratepayers proportionally according to the amounts paid by each of them. (3)  [Section 106 Subsection (3) amended by No. 8 of 2005, s. 76, Applied:01 Jul 2005] Instead of refunding an amount to a ratepayer, a council may credit that amount against any other rate or charge payable by the ratepayer. 106AExemptions and variations [Section 106A Inserted by No. 53 of 2002, s. 10, Applied:19 Dec 2002] (1) A council, by absolute majority, may – (a) [Section 106A Subsection (1) amended by No. 8 of 2005, s. 77, Applied:01 Jul 2005] exempt land or a class of land from a separate rate or separate charge; or (b) [Section 106A Subsection (1) amended by No. 8 of 2005, s. 77, Applied:01 Jul 2005] vary the amount of a separate rate or separate charge payable in respect of land or a class of land, having regard to – (i) the use or predominant use of the land or class of land; or (ii) the non-use of the land; or (iii) the locality of the land or class of land; or (iv) any other prescribed factor. (2)  In this section, use has the same meaning as in section 107. Division 6Variation in rates107Variation in rates (1)  [Section 107 Subsection (1) amended by No. 8 of 2005, s. 78, Applied:01 Jul 2005] [Section 107 Subsection (1) amended by No. 8 of 1995, s. 14 ][Section 107 Subsection (1) amended by No. 8 of 2005, s. 78, Applied:01 Jul 2005] [Section 107 Subsection (1) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] [Section 107 Subsection (1) amended by No. 8 of 2005, s. 78, Applied:01 Jul 2005] [Section 107 Subsection (1) substituted by No. 7 of 2011, s. 9, Applied:06 Jun 2011] A council, by absolute majority, may declare that the general rate, a service rate or a service charge varies within the municipal area or within different parts of the municipal area according to any or all, or a combination of any or all, of the following factors: (a) the use or predominant use of the land; (b) the non-use of the land; (c) the locality of the land; (d) any planning zone; (e) any other prescribed factor. (2)  For the purposes of subsection (1) (a), use means use for any of the following purposes: (a) [Section 107 Subsection (2) amended by No. 8 of 2005, s. 78, Applied:01 Jul 2005] residential purposes; (ab) [Section 107 Subsection (2) amended by No. 8 of 2005, s. 78, Applied:01 Jul 2005] commercial purposes; (ac) [Section 107 Subsection (2) amended by No. 8 of 2005, s. 78, Applied:01 Jul 2005] industrial purposes; (b) public purposes; (c) primary production; (d) sporting or recreation facilities; (e) [Section 107 Subsection (2) amended by No. 8 of 2005, s. 78, Applied:01 Jul 2005] quarrying or mining. (2A)  [Section 107 Subsection (2A) inserted by No. 52 of 2011, s. 11, Applied:22 Dec 2011] If a general rate is varied under subsection (1) according to a factor, the council may, if the general rate does not include a fixed charge, set a minimum amount payable in respect of that rate as varied in accordance with that factor. (2B)  [Section 107 Subsection (2B) inserted by No. 52 of 2011, s. 11, Applied:22 Dec 2011] A council may not set under subsection (2A) a minimum amount payable in respect of a general rate varied under subsection (1) in accordance with a factor if the minimum amount would – (a) in respect of the 2012-2013 financial year, apply to more than the relevant percentage in respect of the council, as determined under section 89B for that financial year, of the number of areas of land that is rateable land to which that factor relates; or (b) in respect of any other financial year, apply to more than the relevant percentage in respect of the council, as determined under section 89B for that financial year, of the number of areas of land that is rateable land to which that factor relates. (2C)  [Section 107 Subsection (2C) inserted by No. 52 of 2011, s. 11, Applied:22 Dec 2011] If a minimum amount payable in respect of a general rate is set under subsection (2A) and that minimum amount applies in relation to rateable land, a minimum amount, if any, set under section 90(4) in respect of the general rate does not apply in relation to the rateable land. (3)  [Section 107 Subsection (3) inserted by No. 65 of 2003, s. 12, Applied:01 Jul 2004] A council must not apply a higher general rate on a State Government body than it would apply on a body of a similar nature that is not a State Government body. (4)  [Section 107 Subsection (4) inserted by No. 65 of 2003, s. 12, Applied:01 Jul 2004] In this section – Government Business Enterprise has the same meaning as in the Government Business Enterprises Act 1995; State Government body means a State Service Agency, a statutory authority, a State-owned company or a Government Business Enterprise; State-owned company means a company incorporated under the Corporations Act that is controlled by the Crown, a Government Business Enterprise or a statutory authority or another company that is so controlled; statutory authority means a body or authority, whether incorporated or not, that is established or constituted by or under an Act or under the Royal Prerogative, being a body or authority which, or of which the governing authority, wholly or partly comprises a person or persons appointed by the Governor, a Minister or another statutory authority but does not include a State Service Agency. 108Notification of variationIf a council varies a rate, the general manager must notify the ratepayer in a rates notice – (a) of the rate as varied; and (b) [Section 108 Amended by No. 34 of 1999, s. 48, Applied:30 Jun 1999] of the factor on which the variation of the rate was calculated; and (ba) [Section 108 Amended by No. 52 of 2011, s. 12, Applied:22 Dec 2011] of the minimum amount, if any, set under section 107(2A) in relation to the variation; and (c) [Section 108 Amended by No. 34 of 1999, s. 48, Applied:30 Jun 1999] of the date on which the variation takes effect. 109Objections to variations (1)  A ratepayer may object to a variation in a rate based on a particular use of land. (2)  The only ground for an objection is that the use of the ratepayer’s land is not the use of land on which the variation is based. (3)  An objection is to – (a) be made in writing within 21 days after receipt of a notice under section 108 notifying the variation; and (b) state the use of the ratepayer’s land; and (c) be accompanied by evidence of the use of the land; and (d) be lodged with the general manager. (4) A council is to make a decision in respect of an objection within 60 days after the objection is lodged. (5) The council may decide that the variation in the rate – (a) applies to the ratepayer based on the use of the ratepayer’s land; or (b) does not apply because of the use of the ratepayer’s land. (6)  [Section 109 Subsection (6) amended by No. 73 of 2001, Sched. 1, Applied:01 Jul 2002] A ratepayer may apply to the Magistrates Court (Administrative Appeals Division) for a review of – (a) a council’s decision under subsection (5); or (b) a council’s failure to make a decision under subsection (5); or (c) a council’s failure to make a decision within the period specified in subsection (4). (7)  [Section 109 Subsection (7) substituted by No. 73 of 2001, Sched. 1, Applied:01 Jul 2002] If the council does not make a decision in respect of an objection within 60 days after the objection is lodged, the council is taken to have made a decision in respect of that objection on the last day of that period. Division 6AAveraged area rates109AAveraged area rates may be made for locality [Section 109A of Part 9 Inserted by No. 52 of 2011, s. 13, Applied:22 Dec 2011] (1) A council, on the same day as the day on which it makes a general rate in respect of a financial year, may make, in respect of the financial year, an averaged area rate. (2) An averaged area rate is to apply to a category of rateable land in a locality within the municipal area of the council. (3) A council may only make under subsection (1) in respect of a financial year an averaged area rate that applies to a category of rateable land in a locality if authorised by a certificate to do so. (4) A council may make under subsection (1) an averaged area rate that applies to a category of rateable land in a locality whether or not the council provides any services in respect of land in the locality. (5) The categories of rateable land are the following: (a) rateable land that is used, or predominantly used, for residential purposes; (b) rateable land that is – (i) used, or predominantly used, for residential purposes; and (ii) of a value that is within a range of values of land; (c) rateable land that may be classified as both – (i) being used, or predominantly used, for residential purposes; and (ii) non-use land. (6) The general rate in respect of a financial year is not payable in relation to rateable land, in a locality, in relation to which an averaged area rate is payable in respect of that financial year. 109BDetermination of amount of averaged area rate [Section 109B of Part 9 Inserted by No. 52 of 2011, s. 13, Applied:22 Dec 2011] (1)  In this section – applicable area of land, in relation to an averaged area rate, means an area of land that is rateable land in a locality and that is within the category of rateable land, in the locality, to which the rate applies. (2)  The amount of an averaged area rate must be expressed in dollars or in dollars and cents. (3)  The amount of an averaged area rate must be the amount obtained by dividing, by the number of applicable areas of land, the sum of all the relevant amounts in relation to the applicable areas of land. (4)  For the purposes of subsection (3), the relevant amount in relation to an applicable area of land is the amount of the general rate that would be payable in respect of the land if the general rate applied in respect of the land for the financial year for which the averaged area rate is to apply. (5)  For the purposes of subsection (4), the calculation, in relation to an applicable area of land, of the general rate payable in relation to land for the financial year in respect of which the averaged area rate is to apply must be made on the basis of the valuation that had effect in relation to the land immediately before that averaged area rate is made. (6)  For the purposes of subsection (5), a supplementary valuation, of an area of land, that is made after the averaged area rate is made is not to be taken under section 89A to have effect in relation to the land immediately before that averaged area rate is made. (7)  The same category of value of land as the general rate is based on under section 90(3) in respect of a financial year must be used in determining – (a) the relevant amount for the financial year in respect of an applicable area of land; and (b) whether the value of an applicable area of land is within a range of values of land. 109CPublic notice to be given of proposal to obtain authority to make averaged area rates [Section 109C of Part 9 Inserted by No. 52 of 2011, s. 13, Applied:22 Dec 2011] (1) The general manager of a council that proposes to apply for a certificate is to ensure that a notice of the proposal is published in a daily newspaper circulating in the council’s municipal area. (2)  A notice for the purposes of subsection (1) is to – (a) specify that it is proposed to apply for a certificate authorising the making, in respect of each financial year, of an averaged area rate that is to apply in respect of that financial year to a category of rateable land in a locality within the municipal area of the council; and (b) specify the locality to which the proposal relates; and (c) specify the category of rateable land to which the proposal relates, including, if the category is referred to in section 109A(5)(b), the range of values of land within the category; and (d) specify the reasons why the council intends to impose on a ratepayer a rate that is based on an averaging of the value of all rateable land to which the rate is to apply rather than a rate based on the value of the ratepayer’s land; and (e) include a statement as to how the amount of an averaged area rate is calculated; and (f) invite interested persons to make, within 21 days from the date on which the notice is published, written submissions in respect of the proposal; and (g) invite interested persons to attend, on the date, and at a place, specified in the notice, a public meeting, in relation to the proposal, that is to be held in accordance with section 109F. (3)  A date that is specified in a notice in relation to a proposal in accordance with subsection (2)(g) is to be at least 21 days after – (a) the issue of the notice; and (b) the giving of notice under section 109D in relation to the proposal. (4) The general manager of the council is to ensure that – (a) a copy of a notice published under subsection (1) is available for inspection, without charge, and for purchase, for a reasonable charge, at the offices of the council; and (b) a copy of the notice may be viewed at a website of the council – on and from the date on which the notice is published, for a period of at least 12 months from that date. 109DNotice of proposal to be given to certain ratepayers [Section 109D of Part 9 Inserted by No. 52 of 2011, s. 13, Applied:22 Dec 2011] (1) The general manager of a council that proposes to apply for a certificate in relation to a locality is to ensure that a notice of the proposal is issued to each relevant ratepayer. (2)  For the purposes of subsection (1), a relevant ratepayer is a ratepayer in respect of rateable land in relation to which, in the opinion of the general manager of the council, the averaged area rate to which the proposal to apply for a certificate relates would apply if the rate were made in accordance with the proposal. (3)  For the purposes of subsection (1), a notice, issued to a relevant ratepayer in respect of rateable land, in relation to a proposal to apply for a certificate – (a) is to contain, in relation to the proposal, the matters a notice in accordance with section 109C(2) is required to contain; and (b) is to contain the additional calculations in respect of the rateable land. (4)  For the purposes of subsection (3)(b), the additional calculations in respect of the rateable land are – (a) the amount of the general rate that the relevant ratepayer in respect of the land was, in respect of the relevant financial year, liable to pay in relation to the land; and (b) the amount of the averaged area rate that the relevant ratepayer would have been liable to pay, in respect of the relevant financial year, if the averaged area rate to which the proposal relates had applied in respect of the rateable land for the relevant financial year. (5)  A reference in subsection (4) to the relevant financial year is a reference to the financial year in which the notice, containing the additional calculations referred to in that subsection, is issued to a ratepayer under subsection (1). (6) Brighton Council, George Town Council and Glamorgan-Spring Bay Council are exempted from the application of subsection (3)(b) in relation to a proposal to apply for a certificate, if the certificate would authorise the making of an averaged area rate in respect of the 2012-2013 financial year. 109ESubmissions in respect of proposal [Section 109E of Part 9 Inserted by No. 52 of 2011, s. 13, Applied:22 Dec 2011] (1) A person may make a written submission to a council in relation to a proposal by the council to obtain a certificate. (2)  A submission may only be made under subsection (1) in relation to a proposal within 21 days after the publication of the notice in relation to the proposal in accordance with section 109C. (3) The general manager of a council that has published a notice in relation to a proposal in accordance with section 109C is to ensure that a document, summarising each submission made under subsection (1) in relation to the proposal, is prepared and copies of the document are made available – (a) to persons attending the meeting, in relation to the proposal, that is held in accordance with section 109F; and (b) for inspection, without charge, and for purchase, for a reasonable charge, at the offices of the council as soon as practicable after the day on which the document is prepared, for a period of at least 3 months from that day; and (c) for viewing at a website of the council as soon as practicable after the day on which the document is prepared, for a period of at least 3 months from that day. 109FPublic meeting in respect of proposal to be held [Section 109F of Part 9 Inserted by No. 52 of 2011, s. 13, Applied:22 Dec 2011] (1) A council that has published in accordance with section 109C a notice in relation to a proposal to obtain a certificate must hold a public meeting in relation to the proposal. (2)  The public meeting in relation to a proposal to obtain a certificate is to be held on the date, and at the place, that are specified, in accordance with section 109C(2)(g), in the notice. (3) After a public meeting is held in accordance with this section in relation to a proposal by a council to obtain a certificate, a record of – (a) the document prepared in accordance with section 109E(3) in relation to the proposal; and (b) any relevant issues raised at the public meeting – is to be contained in the minutes of the next ordinary meeting of the council. 109GApplications for certificates [Section 109G of Part 9 Inserted by No. 52 of 2011, s. 13, Applied:22 Dec 2011] (1) A council may apply to the Director for the issue of a certificate. (2)  An application under subsection (1) by a council is to specify – (a) the locality, in the municipal area of the council, to which the application relates; and (b) the category of rateable land to which the application relates, including, if the category is referred to in section 109A(5)(b), the range of values of land within the category. (3) A council must consider the record, referred to in section 109F(3), in relation to a proposal to apply for a certificate, before deciding – (a) whether or not to apply for the certificate; and (b) the area that is to comprise the locality for the purposes of the application; and (c) if the proposal relates to a category of rateable land referred to in section 109A(5)(b), the range of values of land to which the application relates. 109HCertificates [Section 109H of Part 9 Inserted by No. 52 of 2011, s. 13, Applied:22 Dec 2011] (1) The Director, after receiving an application from a council under section 109G, may determine the application by – (a) issuing a certificate to the council; or (b) refusing to issue a certificate to the council. (2) The Director may require a council to provide further information in relation to an application from the council under section 109G. (3) The Director is to make a determination under subsection (1) in relation to an application under section 109G  – (a) within 21 days of receiving the application; or (b) if the Director has required the council to provide further information under subsection (2), within 21 days of receiving the further information. (4)  A certificate is to specify – (a) the council to which the certificate is issued; and (b) the locality to which the certificate relates; and (c) the category of rateable land to which the certificate relates, including, if the category is referred to in section 109A(5)(b), the range of values of land that is within the category; and (d) that the council is authorised to make, in respect of each financial year, an averaged area rate that is to apply, in respect of that financial year, to the category of rateable land in the locality. (5) The Director may only issue a certificate in relation to a category of rateable land in a locality if the Director is satisfied that the requirements of sections 109C, 109D, 109E and 109F have been substantially complied with in respect of a proposal to apply for a certificate in relation to that category of rateable land in that locality. (6) The Director may be satisfied that sections 109C, 109D, 109E and 109F have been substantially complied with in respect of a proposal to apply for a certificate in relation to a category of rateable land in a locality, and issue a certificate accordingly, even though – (a) the locality specified in the certificate is not the same as the locality to which the proposal relates, if the locality is substantially the same as, or within the area of land contained in, the locality to which the proposal relates; and (b) where the category is referred to in section 109A(5)(b), the range of values of land that is within the category specified in the certificate is not the same as the range of values of land to which the proposal relates, if, in the opinion of the Director, the range of values of land is not substantially wider or narrower. (7) A certificate authorises the council to which it is issued to make, in respect of each financial year, an averaged area rate that is to apply, in respect of that financial year, to the category of rateable land, specified in the certificate in accordance with subsection (4)(c), in the locality specified in the certificate. (8) A certificate for a locality ceases to authorise the council to which it is issued to make an averaged area rate that is to apply to a category of rateable land in a locality if an averaged area rate is not, for any financial year after the certificate is issued, made in respect of the category of rateable land in the locality. Division 6BRe-making of rates109IInterpretation of Division 6B [Section 109I of Part 9 Inserted by No. 52 of 2011, s. 13, Applied:22 Dec 2011] (1)  In this Division – previous rate, in relation to a substituted rate, means a rate that is revoked in accordance with section 109K(1)(a) and replaced by the substituted rate; rate means a general rate, separate rate, construction and service rate, each within the meaning of section 86, and includes – (a) a charge, or an averaged area rate, made under this Part; and (b) a variation of a rate or charge under this Part; and (c) a minimum amount payable under this Part; rectification order means a rectification order made under section 109J(3)(a); substituted rate means a rate that is made under this Part, in accordance with section 109K(1)(b), for the purposes of replacing a previous rate. (2)  In this Division, a reference to the making, or purported making, of a rate includes a reference to the making, or purported making, of a variation of a rate and the setting, or purported setting, of a minimum amount payable under this Part. 109JRectification orders [Section 109J of Part 9 Inserted by No. 52 of 2011, s. 13, Applied:22 Dec 2011] (1) A council may apply in writing to the Minister for a rectification order to be made in respect of a rate made, or purportedly made, by the council under this Part. (2) The Minister may require a council to provide information so as to enable the Minister to consider an application made by the council under subsection (1). (3) The Minister, after receiving from a council an application under subsection (1) in respect of a rate made, or purportedly made, by the council under this Part, may – (a) make a rectification order in respect of the rate; or (b) by notice in writing to the council, refuse to make a rectification order in respect of the rate. (4)  The Minister may only make a rectification order in respect of a rate made, or purportedly made, under this Part if the Minister is satisfied – (a) that an amount, a method, a description, or another factor, that was included in the resolution by which the rate was made was included in the resolution by error; or (b) that the rate may be invalid because the rate, or the making of the rate, is not in accordance with one or more provisions of this Act. (5)  The Minister may make a rectification order in respect of a rate made, or purportedly made, under this Part even if legal proceedings have been commenced or determined in relation to the validity of the rate. (6)  A rectification order – (a) must identify the rate to which the order relates; and (b) must state that the council that made, or purportedly made, the rate is authorised by the Minister to make, within the period specified in the order, another rate for the purposes of replacing that rate; and (c) may require the relevant council to give notice, of the kind and in the manner specified in the order, of the making of the order. 109KRevocation and re-making of rates [Section 109K of Part 9 Inserted by No. 52 of 2011, s. 13, Applied:22 Dec 2011] (1) If the Minister makes a rectification order in relation to a rate made, or purportedly made, under this Part, the council – (a) by simple majority, may revoke the rate; and (b) may make under the relevant provision of this Part a rate for the purposes of replacing the rate that is revoked. (2) The council may make a rate in accordance with subsection (1) even though a period, if any, within which such a rate may be made under this Part has expired. (3)  A rate may be made for the purposes of replacing a rate that is revoked even though the rate is not the same type of rate as the rate that has been revoked. (4)  Nothing in this section is to be taken to prevent the making of a rate, in substitution for another rate, before the expiration of a period, if any, within which such a rate may be made under this Part. 109LValidity of previous rate notices [Section 109L of Part 9 Inserted by No. 52 of 2011, s. 13, Applied:22 Dec 2011] (1) A rates notice that imposes on a ratepayer a liability to pay an amount in respect of a previous rate is, if a substituted rate is made for the purposes of replacing the previous rate, taken to be, and to always have been, validly issued, whether or not the previous rate was validly made. (2)  Subsection (1) does not apply to a rates notice that is invalid for reasons other than because the making of a rate to which the notice relates was invalid. 109MRe-calculation to be made of amount of rates [Section 109M of Part 9 Inserted by No. 52 of 2011, s. 13, Applied:22 Dec 2011] The general manager of a council that has made a substituted rate in respect of a financial year is to calculate, in relation to an area of land that is rateable land to which the substituted rate is to apply, the difference between – (a) the amount of all rates for the financial year payable by the ratepayer in respect of the area of land, as contained in a rates notice sent to the ratepayer in accordance with section 122; and (b) the amount of all rates, for the financial year, that would have been payable by the ratepayer in respect of the area of land if the rates notice had contained, instead of the amount calculated in accordance with the previous rate, an amount calculated in accordance with the substituted rate. 109NSupplementary rates notices [Section 109N of Part 9 Inserted by No. 52 of 2011, s. 13, Applied:22 Dec 2011] (1) The general manager of a council in respect of a municipal area may send, to a ratepayer in respect of rateable land in the municipal area, a supplementary rates notice. (2) For the purposes of this section, a supplementary rates notice is a notice imposing on a ratepayer a liability to pay an amount specified in the notice. (3) An amount specified in a supplementary rates notice sent to a ratepayer in relation to an area of land is to be the amount, if any, by which the amount of rates, referred to in section 109M(b), in relation to the land is greater than the amount of rates, referred to in section 109M(a), in relation to the land. (4) A supplementary rates notice is to state, in relation to the amount specified in the notice, the information specified in section 122(1) as required to be stated, in relation to all rates, in a rates notice. (5) For the purposes of this Part, a supplementary rates notice sent under subsection (1) is to be taken to be a rates notice sent under section 122(1). 109ORefund, &c., where substituted rate made [Section 109O of Part 9 Inserted by No. 52 of 2011, s. 13, Applied:22 Dec 2011] (1) This section applies to a ratepayer in respect of rateable land if there is an overcharged amount in respect of the land. (2)  An overcharged amount in respect of land is the amount by which the amount of rates, referred to in section 109M(b), in relation to the land is less than the amount of rates, referred to in section 109M(a), in relation to the land. (3) If this section applies to a ratepayer in respect of land in a municipal area, the general manager of the council for the municipal area must send to a ratepayer a notice (a "notice of overcharging") in respect of the overcharged amount. (4)  A notice of overcharging is to specify the amount of the overcharged amount and why the amount is an overcharged amount. (5)  Despite section 109L, a ratepayer in respect of rateable land to which an overcharged amount relates is not liable to pay the overcharged amount to the council. (6) The general manager of a council is to refund or give credit for so much of an overcharged amount as a ratepayer has paid to the council. Division 7Record of rates110Record of rates (1)  [Section 110 Subsection (1) amended by No. 52 of 2011, s. 14, Applied:22 Dec 2011] The general manager is to ensure that records (the "rate records") are kept in which the following are entered: (a) a brief description of each separate piece of land in the municipal area; (b) [Section 110 Subsection (1) amended by No. 52 of 2011, s. 14, Applied:22 Dec 2011] the value of the land and the value on which the general rate, if any, is based; (ba) [Section 110 Subsection (1) amended by No. 52 of 2011, s. 14, Applied:22 Dec 2011] if an averaged area rate applies in relation to the land, that averaged area rate; (c) a brief description of land to which only a service rate or service charge applies; (d) the name and address of the owner or owners of all land; (e) the name and address of the ratepayer; (f) if the land is rated on the basis of a particular use of the land, that use; (g) any other prescribed information. (2)  The general manager – (a) is to keep the rates record in any form that allows for the accurate recording of information and easy access; and (b) may make any alteration to the rates record to correct and up-date its entries. 111Ownership (1)  If the general manager is of the opinion that a person may or may not be the owner of land, the general manager may require that person to make a statutory declaration in respect of his or her interest in that land. (2)  A person must make a statutory declaration when required to do so under subsection (1) .Penalty:  Fine not exceeding 20 penalty units. Division 8Farm rating relief112Interpretation of Division 8In this Division –[Section 112 Amended by No. 8 of 2005, s. 79, Applied:01 Jul 2005] forestry means the planting or tending of trees in a plantation or forest for commercial forestry purposes; member of an owner’s family means – (a) [Section 112 Amended by No. 8 of 2005, s. 79, Applied:01 Jul 2005] [Section 112 Amended by No. 31 of 2012, s. 14, Applied:01 May 2013] the parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant, surrogate child, adopted child or stepchild of the owner or owner’s spouse or partner; or (b) [Section 112 Amended by No. 8 of 2005, s. 79, Applied:01 Jul 2005] the spouse or partner of the owner or of any other person specified in paragraph (a); principal means of livelihood includes means of livelihood derived from other farm land; [Section 112 Amended by No. 31 of 2012, s. 14, Applied:01 May 2013] surrogate child, in relation to another person, means a person – (a) who is a child of the other person by virtue of the operation of section 26(1) of the Surrogacy Act 2012, or a law, of another State or a Territory or a foreign country, that corresponds to that Act; and (b) who has not ceased to be a child of that other person under that Act or law; urban farm land means land – (a) that is used for substantial agricultural, pastoral, forestry, horticultural, viticultural, apicultural, orcharding, dairy farming, poultry farming or horse farming purposes or any 2 or more of those purposes; and (b) that provides the owner of the land with the principal means of livelihood; and (c) the value of which is increased because of – (i) its proximity to land being used or developed for residential, industrial or commercial uses; or (ii) a substantial demand for the land as rural residential land. 113Declaration of land as urban farm land (1) An owner of farm land may apply to a council to declare that land urban farm land. (2)  An application is – (a) to be in writing in a form approved by the council; and (b) to contain such information as the council requires. (3) Within 60 days of receipt of the application, a council may – (a) grant the application and declare the land to be urban farm land; or (b) refuse to grant the application. (4) The council is to notify its decision in writing – (a) to the owner of the land; and (b) to the Valuer-General, if it makes a declaration. (5)  [Section 113 Subsection (5) amended by No. 73 of 2001, Sched. 1, Applied:01 Jul 2002] If the council refuses to grant the application, the owner may apply to the Magistrates Court (Administrative Appeals Division) for a review of the refusal. (6)  [Section 113 Subsection (6) omitted by No. 73 of 2001, Sched. 1, Applied:01 Jul 2002] .  .  .  .  .  .  .  .   114Revocation of declaration (1) A council may revoke a declaration in respect of land – (a) on the sale or conveyance of the land; or (b) [Section 114 Subsection (1) amended by No. 34 of 1999, s. 49, Applied:30 Jun 1999] .  .  .  .  .  .  .  .   (c) if the land is no longer farm land or urban farm land. (2)  A revocation is to be – (a) in writing; and (b) sent to the owner of the land. (3)  [Section 114 Subsection (3) amended by No. 73 of 2001, Sched. 1, Applied:01 Jul 2002] The owner may apply to the Magistrates Court (Administrative Appeals Division) for a review of the revocation of a declaration. (4)  [Section 114 Subsection (4) omitted by No. 73 of 2001, Sched. 1, Applied:01 Jul 2002] .  .  .  .  .  .  .  .   115Revaluation of land (1) On receipt of a declaration from a council, the Valuer-General is to make a valuation of the land as urban farm land. (2)  The valuation is to – (a) [Section 115 Subsection (2) amended by No. 102 of 2001, Sched. 1, Applied:28 Jun 2002] be made under section 51 of the Valuation of Land Act 2001 of the assessed annual value, land value and capital value of the land; and (b) be made on the basis that the land is not to be used otherwise than farm land; and (c) take effect from the date of the council’s declaration; and (d) take into account – (i) the farm land valuations generally prevailing in the municipal area; and (ii) the location of the land. 116Sale or conveyance of urban farm land (1)  If any part of the land declared to be urban farm land is sold or conveyed, except by way of gift or bequest to a member of the owner’s family, the owner is to pay the difference or a proportion of the difference between the rates and charges that would have been payable over the previous 5 years in respect of that part if the land had not been declared urban farm land. (2)  The Valuer-General is to revalue any urban farm land remaining after part of the land is sold or conveyed. Division 9Liability and payment of rates117118Notification of making rates [Section 118 Substituted by No. 34 of 1999, s. 50, Applied:30 Jun 1999] The general manager, within 21 days after the council makes any rates and charges, is to – (a) notify that making together with a summary of the rates and charges made in a daily newspaper circulating in the municipal area; and (b) provide the Director with a copy of the resolution relating to that making. 119Charge on landRates are a charge on the land in respect of which they are payable and – (a) are enforceable in priority to any mortgage, charge, lien and encumbrance; and (b) rank equally to any other debt to a statutory authority which is a charge on the land. 120Liability for rates (1)  [Section 120 Subsection (1) amended by No. 19 of 2017, s. 8, Applied:23 Jun 2017] [Section 120 Subsection (1) substituted by No. 8 of 2005, s. 80, Applied:01 Jul 2005] Subject to subsections (1A) and (2A), an owner of land, including the Crown, is a ratepayer and is liable for the payment of rates in relation to that land. (1A)  [Section 120 Subsection (1A) inserted by No. 19 of 2017, s. 8, Applied:23 Jun 2017] Despite subsection (1), but subject to subsection (2C), the holder of a relevant right to occupation in relation to land to which a subparagraph of section 87(1)(b) relates is a ratepayer and is liable for the payment of rates in relation to that land. (2)  [Section 120 Subsection (2) substituted by No. 8 of 2005, s. 80, Applied:01 Jul 2005] An occupier of land may enter into a written agreement with the owner to be the ratepayer in respect of that land for specified rates. (2A)  [Section 120 Subsection (2A) inserted by No. 19 of 2017, s. 8, Applied:23 Jun 2017] If an occupier of land enters into an agreement under subsection (2) to be the ratepayer in respect of that land for specified rates, the occupier is a ratepayer in relation to those rates and is liable for the payment of those rates. (2B)  [Section 120 Subsection (2B) inserted by No. 19 of 2017, s. 8, Applied:23 Jun 2017] The Crown may enter into a written agreement with the holder of a relevant right to occupation, in relation to land to which a subparagraph of section 87(1)(b) relates, for the Crown to be the ratepayer in respect of that land for specified rates. (2C)  [Section 120 Subsection (2C) inserted by No. 19 of 2017, s. 8, Applied:23 Jun 2017] If the Crown enters into an agreement under subsection (2B) for the Crown to be the ratepayer in respect of land for specified rates, then, despite subsection (1A), the Crown is a ratepayer in relation to those rates and is liable for the payment of those rates. (3)  [Section 120 Subsection (3) amended by No. 8 of 2005, s. 80, Applied:01 Jul 2005] An occupier who enters into an agreement under subsection (2) to be the ratepayer in respect of land is to notify the general manager accordingly. (3A)  [Section 120 Subsection (3A) amended by No. 19 of 2017, s. 8, Applied:23 Jun 2017] [Section 120 Subsection (3A) inserted by No. 8 of 2005, s. 80, Applied:01 Jul 2005] In the case of land owned by the Crown, the Crown is to notify the general manager that the occupier of that land, or the holder of a relevant right to occupation, has entered into an agreement under subsection (2) or that the Crown has entered into an agreement under subsection (2B), as the case may be. (4)  [Section 120 Subsection (4) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] [Section 120 Subsection (4) amended by No. 8 of 2005, s. 80, Applied:01 Jul 2005] The liability for the payment of rates starts on the date specified in the rates notice as the date by which the rates are due to be paid. (5)  [Section 120 Subsection (5) amended by No. 8 of 2005, s. 80, Applied:01 Jul 2005] The date by which rates specified in a rates notice are due to be paid must not be within– (a) 60 days of the date of issue of the rates notice if the rates are to be paid in one payment; or (b) 30 days of the date of issue of the rates notice if the rates are to be paid in instalments. (6)  [Section 120 Subsection (6) inserted by No. 8 of 2005, s. 80, Applied:01 Jul 2005] [Section 120 Subsection (6) omitted by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] .  .  .  .  .  .  .  .   121Change in ownership or occupancy of land (1)  [Section 121 Subsection (1) amended by No. 8 of 2005, s. 81, Applied:01 Jul 2005] [Section 121 Subsection (1) amended by No. 21 of 1996, s. 20 and Sched. 1 ] The purchaser of land or any other person to whom land is transferred must give notice in writing to the Recorder of Titles within 3 months of the purchase or transfer of the following details: (a) [Section 121 Subsection (1) amended by No. 8 of 2005, s. 81, Applied:01 Jul 2005] the fact of the purchase or transfer; (b) the address or location of the land; (c) the name and address of the new owner of the land. Penalty:  Fine not exceeding 10 penalty units. (1A)  [Section 121 Subsection (1A) inserted by No. 8 of 2005, s. 81, Applied:01 Jul 2005] If land is compulsorily acquired under or for the purpose of any Act, the authority acquiring the land must give notice of that acquisition in writing to the Recorder of Titles within 3 months of the acquisition. (2)  [Section 121 Subsection (2) substituted by No. 21 of 1996, s. 20 and Sched. 1 ] The owner of land in respect of which an occupier is the ratepayer must give written notice to the Recorder of Titles of a change of occupancy. (2A)  [Section 121 Subsection (2A) inserted by No. 21 of 1996, s. 20 and Sched. 1 ] Where the change of occupancy arises from a transaction in respect of which it is not intended to lodge a dealing with the Recorder of Titles, the notice is to be given within 30 days of the change of occupancy. (2B)  [Section 121 Subsection (2B) inserted by No. 21 of 1996, s. 20 and Sched. 1 ] A notice under this section – (a) [Section 121 Subsection (2B) amended by No. 102 of 2001, Sched. 2, Applied:28 Jun 2002] [Section 121 Subsection (2B) amended by No. 10 of 2017, s. 20, Applied:01 Jul 2017] is to contain such particulars relating to the description of the land, the parties to the transaction and details of the transaction as are required for the purposes of this Act and any other Act prescribed by the regulations; and (b) [Section 121 Subsection (2B) amended by No. 8 of 2005, s. 81, Applied:01 Jul 2005] is to be included in any dealing lodged with the Recorder of Titles relating to the purchase, disposition or acquisition as may be required by the Land Titles Act 1980. (2C)  [Section 121 Subsection (2C) amended by No. 10 of 2017, s. 20, Applied:01 Jul 2017] [Section 121 Subsection (2C) inserted by No. 21 of 1996, s. 20 and Sched. 1 ] Without limiting the preceding provisions of this section, where a person has been aggrieved by a failure to comply with subsection (1), (1A), (2) or (2A), the Recorder of Titles must accept for the purposes of this Act a copy of the notice of the transaction or acquisition produced by that person containing all the particulars required to be included in the notice as evidence that the transaction for which the notice is required has been completed. (2D)  [Section 121 Subsection (2D) amended by No. 10 of 2017, s. 20, Applied:01 Jul 2017] [Section 121 Subsection (2D) inserted by No. 21 of 1996, s. 20 and Sched. 1 ] An owner who is required to give notice under this section must at the request of a person disposing of any land for which the notice is required provide that person with a copy of the notice required under subsection (1), (1A), (2) or (2A). (2E)  [Section 121 Subsection (2E) inserted by No. 21 of 1996, s. 20 and Sched. 1 ] Where – (a) [Section 121 Subsection (2E) amended by No. 10 of 2017, s. 20, Applied:01 Jul 2017] a person by whom the relevant land was sold or otherwise disposed of or whose land was compulsorily acquired has been aggrieved by a failure to comply with subsection (1), (1A), (2) or (2A); and (b) [Section 121 Subsection (2E) amended by No. 10 of 2017, s. 20, Applied:01 Jul 2017] the Recorder of Titles has received from that person a copy of the notice required under subsection (1), (1A), (2) or (2A) – the parties to the relevant transaction are to be treated for the purposes of this Act as if the notice had been duly given to the Recorder of Titles. (3)  A person who fails to comply with this section is taken to be the ratepayer in respect of that land. 122Rates notice [Section 122 Amended by No. 8 of 1995, s. 16 ][Section 122 Substituted by No. 8 of 2005, s. 82, Applied:01 Jul 2005] (1)  [Section 122 Subsection (1) amended by No. 52 of 2008, Sched. 1, Applied:01 Jul 2009] The general manager is to send to each ratepayer a notice relating to all rates stating the following: (a) the land in respect of which the rates are payable; (b) the rates payable by that ratepayer; (c) the basis on which the rates payable are calculated; (d) any factor by which the rates are varied; (e) the period for which the rates are payable; (f) the date by which the rates are due to be paid; (g) the place or places where the rates may be paid; (h) the date on which the notice is issued; (i) whether the rates may be paid in one sum or by instalments; (j) the date or dates on which instalments are to be paid; (k) any rebate payable for early payment; (l) if interest is payable on unpaid rates, the rate at which it is payable; (m) if a penalty is payable if rates are not paid by the due date, the percentage rate applicable to such a penalty; (n) if a minimum amount is payable, that minimum amount. (2)  The general manager may include the information required under subsection (1)(c) and (d) in a document attached to the rates notice if – (a) the general manager determines that it is impracticable to include it in the rates notice; and (b) the rates notice states that fact. 123Objections to rates notice (1) A person may object to a rates notice on the ground that – (a) the land specified in the rates notice is exempt from the payment of those rates; or (b) the amount of those rates is not correctly calculated having regard to the relevant factors; or (c) the basis on which those rates are calculated does not apply; or (d) he or she is not liable for the payment of the rates specified in the rates notice; or (e) he or she is not liable to pay those rates for the period specified in the rates notice. (2)  An objection is to be – (a) made in writing within 28 days after receipt of the rates notice; and (b) lodged with the general manager. (3)  [Section 123 Subsection (3) substituted by No. 8 of 2005, s. 83, Applied:01 Jul 2005] The general manager may – (a) amend the rates notice as the general manager considers appropriate; or (b) refuse to amend the rates notice. (4)  [Section 123 Subsection (4) amended by No. 73 of 2001, Sched. 1, Applied:01 Jul 2002] [Section 123 Subsection (4) substituted by No. 8 of 2005, s. 83, Applied:01 Jul 2005] A person may appeal to the Magistrates Court (Administrative Appeals Division) for a review if the general manager – (a) fails to amend the rates notice within 30 days after lodging the objection; or (b) refuses to amend the rates notice. (5)  [Section 123 Subsection (5) substituted by No. 73 of 2001, Sched. 1, Applied:01 Jul 2002] [Section 123 Subsection (5) omitted by No. 8 of 2005, s. 83, Applied:01 Jul 2005] .  .  .  .  .  .  .  .   123A124Instalment payments (1) A council may permit a ratepayer to pay rates by instalments instead of by one payment. (2)  [Section 124 Subsection (2) amended by No. 88 of 1995, s. 16 ] A council may decide that any rates are payable by all ratepayers by instalments. (3)  [Section 124 Subsection (3) amended by No. 88 of 1995, s. 16 ] A council may decide that rates are not payable by instalments by some ratepayers if the total amount of rates payable is equal to, or less than, the prescribed amount. (4) The council is to determine the dates by which instalments are to be paid. (5)  [Section 124 Subsection (5) amended by No. 8 of 2005, s. 85, Applied:01 Jul 2005] [Section 124 Subsection (5) amended by No. 34 of 1999, s. 51, Applied:30 Jun 1999] [Section 124 Subsection (5) amended by No. 8 of 1995, s. 17 ] If a ratepayer fails to pay any instalment within 21 days of the date on which the rates are due, the council may require the ratepayer to pay the full amount owing for the financial year. 125Postponement of payment (1) A ratepayer may apply to the council for a postponement of payment of rates on the ground of hardship. (2)  An application is to be – (a) made in writing; and (b) lodged with the general manager. 126Conditions of postponement (1) A council may grant a postponement of the payment of rates for a specified period if satisfied that such payment would cause hardship. (2)  [Section 126 Subsection (2) amended by No. 8 of 1995, s. 18 ] A council may grant a postponement of payment of rates – (a) on the condition that the ratepayer pay interest on the amount of rates postponed at a rate fixed by the council; and (b) on any other condition the council determines. (3)  Interest fixed under subsection (2) (a) is not to exceed the prescribed percentage as calculated in section 128 (2). 127Postponement ceases to operate (1) A council may, at any time, revoke a postponement of payment of rates by giving 60 days notice in writing to the ratepayer of the date on which the postponement ceases to operate. (2)  A postponement of payment of rates ceases to operate on the date on which the ratepayer ceases to own or occupy the land in respect of which those rates are payable. 128Late payments (1)  [Section 128 Subsection (1) amended by No. 8 of 1995, s. 19 ] If any rates or instalments are not paid on or before the date they fall due, a council may – (a) impose a penalty not exceeding 10% of the unpaid rate or instalment; or (b) charge a daily interest not exceeding the prescribed percentage in respect of the unpaid rate or instalment for the period during which it is unpaid; or (c) impose a penalty and charge interest as specified in paragraphs (a) and (b). (2)  [Section 128 Subsection (2) amended by No. 8 of 1995, s. 19 ] For the purposes of subsection (1), prescribed percentage is to be calculated in accordance with the following formula: where – P is the prescribed percentage; LTB is the official ten-year long term bond rate as determined by the Reserve Bank as at the close of business on the last day of business preceding 1 March. 129Remission of rates (1)  [Section 129 Subsection (1) amended by No. 8 of 1995, s. 20 ] A ratepayer may apply to the council for remission of all or part of any rates paid or payable by the ratepayer or any penalty imposed or interest charged under section 128. (2)  An application is to be – (a) made in writing; and (b) lodged with the general manager. (3)  [Section 129 Subsection (3) amended by No. 8 of 1995, s. 20 ] A council, by absolute majority, may grant a remission of all or part of any rates, penalty or interest paid or payable by the ratepayer. (4)  [Section 129 Subsection (4) amended by No. 8 of 1995, s. 20 ] A council, by absolute majority, may grant a remission of any rates, penalty or interest paid or payable by a class of ratepayers. (5)  The general manager is to keep a record of the details of any remission granted under this section. 130Discount for early payment (1) A council may offer to all ratepayers a discount not exceeding 10% on any rate specified in a rates notice for payment of that rate before the date specified in the rates notice. (2)  Subsection (1) only applies in respect of rates which are not paid in instalments. 131Application of moneyAny amount received or recovered by a council in respect of rates is to be applied as follows: (a) firstly – in payment of any costs awarded to, or recoverable by, the council in any court proceedings undertaken by the council for the recovery of the rates; (b) secondly – in discharging any liability for interest; (c) thirdly – in payment of any penalty; (d) fourthly – in discharging liabilities for rates in the order in which those liabilities arose. 132Certificate of liabilities (1)  [Section 132 Subsection (1) amended by No. 8 of 2005, s. 86, Applied:01 Jul 2005] A person referred to in subsection (2) may apply to the general manager for a certificate stating– (a) the amount of any liability for rates, whether due or not on the land and outstanding interest or penalty payable in relation to the land; (b) any amount received on account of rates that is held in credit against future liabilities for rates in relation to the land; and (c) the amount of any charge on the land recoverable by the council. (2)  The following persons may apply for a certificate under subsection (1): (a) the owner of a registered estate or interest in the land; (b) an occupier of the land; (c) a person who has entered or proposes to enter into a contract to purchase the land; (d) a mortgagee or prospective mortgagee of the land; (e) a person authorized to act on behalf of any person referred to in paragraph (a), (b), (c) or (d). (3)  An application is to – (a) [Section 132 Subsection (3) amended by No. 8 of 2005, s. 86, Applied:01 Jul 2005] be in writing; and (b) identify the land to which the application relates; and (c) state the nature of the applicant’s interest in the land; and (d) [Section 132 Subsection (3) amended by No. 8 of 2005, s. 86, Applied:01 Jul 2005] be lodged with the general manager. (e) [Section 132 Subsection (3) amended by No. 8 of 2005, s. 86, Applied:01 Jul 2005] .  .  .  .  .  .  .  .   (4)  [Section 132 Subsection (4) amended by No. 52 of 2013, s. 15, Applied:19 Nov 2013] [Section 132 Subsection (4) amended by No. 8 of 2005, s. 86, Applied:01 Jul 2005] On receipt of an application, the general manager is to issue a certificate containing the details referred to in subsection (1).

(b) [Section 339 Subsection (4) amended by No. 47 of 2017, s. 36, Applied:22 Nov 2017] dismissing the councillor, member or member of an audit panel from office. 339AMisuse of office [Section 339A Inserted by No. 34 of 1999, s. 81, Applied:30 Jun 1999] (1) A councillor, an employee or a member must not procure the doing or not doing of anything by the council to gain, directly or indirectly, an advantage or to avoid, directly or indirectly, a disadvantage for – (a) the councillor, employee or member; or (b) a close associate of the councillor, employee or member; or (c) a member of the councillor’s, employee’s or member’s family. Penalty:  Fine not exceeding 50 penalty units. (2)  In addition to any penalty imposed under this section, a court may make an order – (a) barring the councillor from nominating as a candidate at any election for a period not exceeding 7 years; or (b) dismissing the councillor or member from office. (3)  [Section 339A Subsection (3) inserted by No. 47 of 2017, s. 37, Applied:22 Nov 2017] In this section – member includes a member of an audit panel. 339BOffences relating to petitions [Section 339B Inserted by No. 34 of 1999, s. 81, Applied:30 Jun 1999] (1)  A person must not include in, or delete from, a petition the name of another person without that other person’s consent.Penalty:  Fine not exceeding 50 penalty units. (2)  A person must not include in a petition a statement knowing it to be false or misleading.Penalty:  Fine not exceeding 50 penalty units. (3)  A person must not make a statement knowing it to be false or misleading to induce or attempt to induce another person to sign a petition.Penalty:  Fine not exceeding 50 penalty units. 339COffence to perform functions or exercise powers of councillor [Section 339C Inserted by No. 8 of 2005, s. 158, Applied:01 Jul 2005] (1)  A person specified in subsection (2) must not – (a) perform any function or exercise any power of a councillor; or (b) attempt to perform any function or exercise any power of a councillor. Penalty:  Fine not exceeding 50 penalty units. (2)  Subsection (1) applies to the following: (a) a person who is not a councillor; (b) a councillor who is suspended; (c) a councillor who has not made the prescribed declaration of office. 339DObstruction [Section 339D Inserted by No. 8 of 2005, s. 158, Applied:01 Jul 2005] A person, without reasonable excuse, must not obstruct or attempt to obstruct an authorised person in the performance or exercise of his or her functions or powers under this Act.Penalty:  Fine not exceeding 50 penalty units. 339EComplaints against non-compliance or offence [Section 339E Inserted by No. 8 of 2005, s. 158, Applied:01 Jul 2005] (1) A person may make a complaint to the Director – (a) that a council, councillor or general manager has failed to comply with requirements under this or any other Act; or (b) that a councillor, general manager or employee of a council may have committed an offence under this Act. (2)  A complaint must – (a) be in writing; and (b) identify the complainant and the person against whom the complaint is made; and (c) give particulars of the grounds of the complaint; and (d) be verified by statutory declaration; and (e) be lodged with the Director. (3) The Director may require a complainant to give further particulars of the complaint supported by a statutory declaration. (4)  [Section 339E Subsection (4) substituted by No. 47 of 2017, s. 38, Applied:22 Nov 2017] The Director may determine the procedure for handling complaints, including – (a) the acceptance and rejection of complaints or any parts of a complaint; and (b) whether or not an investigation is to be held and, if so, whether to investigate the whole or part only of the complaint; and (c) the dismissal of complaints. (5)  [Section 339E Subsection (5) substituted by No. 47 of 2017, s. 38, Applied:22 Nov 2017] Without limiting the power of the Director under subsection (4) to determine the procedure for handling complaints, the Director may dismiss a complaint at any time after receiving it if the Director considers that the complaint is frivolous or vexatious. (6)  [Section 339E Subsection (6) inserted by No. 29 of 2015, s. 16, Applied:13 Apr 2016] [Section 339E Subsection (6) substituted by No. 47 of 2017, s. 38, Applied:22 Nov 2017] If the Director rejects a complaint, the Director is to notify the complainant, in writing, of the rejection and the reasons for it. 339EAInvestigations of complaints and other matters [Section 339EA Inserted by No. 47 of 2017, s. 39, Applied:22 Nov 2017] (1) The Director may carry out an investigation in respect of a complaint received under section 339E. (2) The Director, without receiving a complaint under section 339E, may carry out an investigation in respect of – (a) any matter which could be the subject of a complaint under section 339E; or (b) any other matter relating to compliance with, or the administration of, this Act. (3) The Director may determine the procedure for investigations. (4) The Director may provide any information obtained from the conduct of an investigation in respect of a complaint made under section 339E or any matter referred to in subsection (2) to such authority as he or she considers appropriate, including but not limited to – (a) the Integrity Commission established by section 7 of the Integrity Commission Act 2009; and (b) the Auditor-General; and (c) a law enforcement agency within the meaning of the Personal Information Protection Act 2004. 339FCustomer service charter [Section 339F Inserted by No. 8 of 2005, s. 158, Applied:01 Jul 2005] (1) A council must adopt a customer service charter on or before 1 January 2006. (2)  The customer service charter is to – (a) specify the principles relating to services provided by the council; and (b) specify a procedure for dealing with complaints relating to services provided by the council; and (c) include any prescribed matter. (3)  The general manager is to make the customer service charter available – (a) for public inspection at the public office during ordinary office hours; and (b) on the council’s internet site free of charge; and (c) for purchase at a reasonable charge. (4)  [Section 339F Subsection (4) amended by No. 34 of 2018, s. 35, Applied:10 Dec 2018] A council is to review its customer service charter within 12 months after a council election. (5) The general manager is to provide the council with a report at least once a year of the number and nature of complaints received. 339GElectronic collection or inspection of information, records or documents in an emergency [Section 339G Inserted by No. 30 of 2023, s. 7, Applied:20 Nov 2023] (1)  Subject to subsection (2) and despite any other provision of this Act, if the general manager of a council is satisfied that an emergency exists that makes the collection, or inspection, of any information, record or document in person at a public office impracticable, the general manager may authorise, in writing, for any information, record or document – (a) that is required under a provision of this Act to be collected in person at a public office, to be made available for collection, free of charge, by electronic means; or (b) that is required under a provision of this Act to be inspected in person at a public office, to be made available for inspection – (i) free of charge by electronic means; and (ii) on request, by sending a paper copy to a person by post, free of charge. (2)  Subsection (1)(b) does not apply to an inspection under section 259(1) or section 261A. 339HAttestation and imprint of common seal electronically [Section 339H Inserted by No. 30 of 2023, s. 7, Applied:20 Nov 2023] Despite any other provision of this Act, any action that is required, under a provision of this Act, to be taken by means of a physical action such as – (a) the attestation of the execution of a document; or (b) the imprint of a common seal on a document – may be taken by electronic means. 340Interference with records and documents [Section 340 Substituted by No. 8 of 2005, s. 159, Applied:01 Jul 2005] A person must not interfere with, alter, remove without reasonable excuse or destroy any record or document in the possession of, or under the control of, a council – (a) without the approval of – (i) the general manager; or (ii) in the case of the general manager, the council; or (b) contrary to the Archives Act 1983. Penalty:  Fine not exceeding 50 penalty units. 340AAllowances [Section 340A Inserted by No. 34 of 1999, s. 82, Applied:07 Nov 2000] (1) A councillor is entitled to prescribed allowances. (2) A mayor and deputy mayor are entitled to prescribed allowances in addition to any allowances referred to in subsection (1). (2A)  [Section 340A Subsection (2A) inserted by No. 8 of 2005, s. 160, Applied:01 Jul 2005] Allowances are to be paid in arrears. (3) A councillor, mayor or deputy mayor may decide not to receive part or all of an allowance. (4)  A decision under subsection (3) is to be by written notice to the general manager of the relevant council. (5)  [Section 340A Subsection (5) amended by No. 34 of 2018, s. 36, Applied:10 Dec 2018] [Section 340A Subsection (5) amended by No. 29 of 2015, s. 17, Applied:13 Apr 2016] [Section 340A Subsection (5) inserted by No. 8 of 2005, s. 160, Applied:01 Jul 2005] Councillors who are suspended under section 28ZI(2)(e) or section 215(5) or section 214O are not entitled to any allowances during the period of suspension. (6)  [Section 340A Subsection (6) inserted by No. 8 of 2005, s. 160, Applied:01 Jul 2005] A person who must not perform any function or exercise any power of a councillor under section 339C is not entitled to any allowances. 341Immunity from liability (1)  [Section 341 Subsection (1) amended by No. 34 of 1999, s. 83, Applied:30 Jun 1999] [Section 341 Subsection (1) substituted by No. 52 of 2013, s. 57, Applied:19 Nov 2013] [Section 341 Subsection (1) amended by No. 29 of 2015, s. 18, Applied:13 Apr 2016] [Section 341 Subsection (1) substituted by No. 47 of 2017, s. 40, Applied:22 Nov 2017] A person who is – (a) a councillor; or (b) a member of the Board; or (c) the Executive Officer; or (d) a member of the Code of Conduct Panel or an audit panel; or (e) a member of a Board of Inquiry; or (f) a member of a special committee or a controlling authority; or (g) a commissioner, or an employee, of a council – does not incur any personal liability in respect of any act done or omitted to be done by the person in good faith in the performance or exercise, or the purported performance or purported exercise, of any function or power under this or any other Act or in the administration or execution, or purported administration or purported execution, of this Act. (2)  [Section 341 Subsection (2) amended by No. 47 of 2017, s. 40, Applied:22 Nov 2017] [Section 341 Subsection (2) amended by No. 29 of 2015, s. 18, Applied:13 Apr 2016] [Section 341 Subsection (2) amended by No. 52 of 2013, s. 57, Applied:19 Nov 2013] [Section 341 Subsection (2) amended by No. 34 of 1999, s. 83, Applied:30 Jun 1999] A liability that would, but for subsection (1), lie against a councillor, an employee of the council, or a member of a special committee, an audit panel or a controlling authority, lies against the council which established the committee, panel or authority. (3)  [Section 341 Subsection (3) inserted by No. 52 of 2013, s. 57, Applied:19 Nov 2013] [Section 341 Subsection (3) omitted by No. 29 of 2015, s. 18, Applied:13 Apr 2016] [Section 341 Subsection (3) inserted by No. 47 of 2017, s. 40, Applied:22 Nov 2017] A liability that would, but for subsection (1), lie against a member of the Board, the Executive Officer, a member of the Code of Conduct Panel, a member of a Board of Inquiry or a commissioner lies against the Crown. 342Validity of proceedings, &c. (1) Any act or proceeding of the Board, a council, council committee, controlling authority or any person acting under any direction of the Board, a council, council committee or controlling authority is not invalid by reason only that at the time when the act or proceeding was done, taken or commenced there was a vacancy in the office of a councillor. (2) An act or proceeding of the Board, a council, council committee, controlling authority or a person acting under the direction of the Board, a council, council committee or controlling authority is valid even if – (a) the appointment of a member of the Board, council, council committee or controlling authority was defective; or (b) a person appointed as a member of the Board, council or council committee was disqualified from acting as, or incapable of being, such a member. 343PresumptionsIn any proceedings by or against the Board, a council or council committee, unless evidence is given to the contrary, proof is not required of – (a) the constitution of the Board, council or council committee; or (b) any resolution of the Board, council or council committee; or (c) the appointment or election of any member of the Board, council or council committee; or (d) the presence of a quorum at any meeting of the Board, council or council committee. 344Rounding off rates, &c. (1)  [Section 344 Subsection (1) amended by No. 8 of 2005, s. 161, Applied:01 Jul 2005] The general manager may round up any amount payable under this Act if– (a) a ratepayer offers a cash payment in excess of that amount; and (b) no change is available because the appropriate coins or notes are no longer in circulation. (2)  [Section 344 Subsection (2) amended by No. 8 of 2005, s. 161, Applied:01 Jul 2005] The general manager may, in a rates notice, round down any amount payable under this Act to an amount for which there is exact legal tender in circulation. 345False and misleading statementsA person must not, in giving any information under this Act – (a) make a statement knowing it to be false or misleading; or (b) omit any matter from a statement knowing that without that matter the statement is misleading. Penalty:  Fine not exceeding 50 penalty units. 346347Exemption from fees [Section 347 Substituted by No. 88 of 1995, s. 40 ][Section 347 Amended by No. 59 of 1996, s. 8 ] A council is exempted from the payment of any fees and charges in respect of – (a) searches of any record or document relating to land in its municipal area; and (b) copies of, and extracts from, any such record or document – but this section does not affect the liability of a joint authority to which Part 3A applies to pay any such fee or charge. 348Orders to be Statutory Rules [Section 348 Amended by No. 52 of 2011, s. 15, Applied:22 Dec 2011] Any order made under this Act, including a rectification order made under section 109J, is a statutory rule within the meaning of the Rules Publication Act 1953. 348AReferences to Act [Section 348A Inserted by No. 47 of 2017, s. 41, Applied:22 Nov 2017] A reference to this Act includes a reference to any regulations, rules, by-laws and orders made under this Act. 349Regulations (1)  The Governor may make regulations for the purposes of this Act. (2)  [Section 349 Subsection (2) omitted by No. 41 of 1998, s. 44, Applied:18 Dec 1998] [Section 349 Subsection (2) inserted by No. 38 of 2000, s. 45, Applied:14 Jul 2000] The regulations may apply, adopt or incorporate any provisions of a code, standard, guideline or rule relating to local government. (3)  Regulations may be made so as to apply differently according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the regulations. (4)  Regulations made under this section may – (a) provide that a contravention of, or a failure to comply with, any of the regulations is an offence; and (b) in respect of such an offence, provide for the imposition of a fine not exceeding 10 penalty units and, in the case of a continuing offence, a further fine not exceeding 2 penalty units for each day during which the offence continues. 349ASavings and transitional provisions consequent on Local Government Amendment (Code of Conduct) Act 2015 [Section 349A Inserted by No. 29 of 2015, s. 19, Applied:13 Apr 2016] The savings and transitional provisions set out in Schedule 8A have effect. 349BTransitional provisions consequent on Local Government Amendment (Miscellaneous) Act 2018 [Section 349B Inserted by No. 34 of 2018, s. 37, Applied:10 Dec 2018] (1)  In this section – commencement day means the day on which the Local Government Amendment (Miscellaneous) Act 2018 commences. (2)  A complaint received by a general manager before the commencement day but not finalised before that day is to be dealt with as if the Local Government Amendment (Miscellaneous) Act 2018 had not commenced. (3)  A complaint received by a general manager on or after the commencement day is to be dealt with in accordance with this Act as amended by the Local Government Amendment (Miscellaneous) Act 2018. 349CTransitional provisions consequent on Local Government Amendment (Code of Conduct) Act 2023 [Section 349C Inserted by No. 23 of 2023, s. 37, Applied:10 Sep 2024] (1)  In this section – commencement day means the day on which this section commences. (2)  A complaint received by a general manager before the commencement day but not finalised before that day is to be dealt with under this Act as in force immediately before the commencement day. (3)  For the avoidance of doubt, a complaint received by a general manager on or after the commencement day is to be dealt with in accordance with this Act, as in force on or after the commencement day, regardless of whether the complaint relates to behaviour that occurred before the commencement day. 350RepealThe Acts specified in Schedule 9 are repealed. 350AValidation, &c., of certain rates and charges [Section 350A Inserted by No. 52 of 2011, s. 16, Applied:22 Dec 2011] Schedule 10 has effect. 350BValidation of certain rate notices [Section 350B Inserted by No. 19 of 2017, s. 9, Applied:23 Jun 2017] (1)  In this section – introduction day means the day on which a bill entitled the Local Government Amendment (Rates) Bill 2017 is presented to the House of Assembly; rates notice has the same meaning as it has in Part 9. (2) A rates notice issued, before the introduction day, in relation to land, is not to be taken to be invalid by reason only that – (a) all or part of the land was land to which section 87(1)(b), as in force immediately before the introduction day, applied; or (b) part of the land was not within a municipal area. (3)  Subsection (2) does not apply in relation to a rates notice issued to the Crown. (4)  Subsection (2) does not affect any order or determination made by a court before this section comes into effect. (5)  If – (a) an instrument commencing proceedings in a court has been lodged with the court before the introduction day; and (b) the proceedings relate to a claim that a rates notice was invalid for a reason referred to in subsection (2)  – the proceedings, and any proceedings for a review, or appeal, of a decision in relation to the proceedings, are to be dealt with and determined as if subsection (2) has not come into effect. 351Administration of ActUntil provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990 – (a) the administration of this Act is assigned to the Minister for Local Government; and (b) the Department responsible to the Minister for Local Government in relation to the administration of this Act is the Department of Environment and Land Management. Schedule 1Membership of Local Government Board

Section 4 (7)

1.   Interpretation [Schedule 1 Amended by No. 8 of 2005, s. 163, Applied:01 Jul 2005] [Schedule 1 Amended by No. 32 of 2009, s. 7, Applied:01 Jan 2011] In this Schedule – appointed member means a general member or a review member; general member means a member of the Board referred to in section 210(2)(a), (b) or (c) who is appointed by the Minister under section 210(3); review member means a member of the Board appointed under section 210(5A). 2.   Term and scope of office [Schedule 1 Amended by No. 32 of 2009, s. 7, Applied:01 Jan 2011] (1) A general member is to be appointed for the period of not more than 3 years that is specified in the member’s instrument of appointment. (2) A review member is a member of the Board only in respect of the review specified in the member’s instrument of appointment. 3.   Holding other office The holder of an office who is required under any Act to devote the whole of his or her time to the duties of that office, is not disqualified from – (a) holding that office and also the office of an appointed member; or (b) accepting any remuneration payable to an appointed member. 4.   Remuneration of members An appointed member is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister and the member may agree. 5.   Vacation of office (1) An appointed member may resign from office by written notice addressed to the Minister. (2) An appointed member vacates office if he or she – (a) dies; or (b) resigns; or (c) is removed from office under subclause (3), (4) or (5). (3) The Minister may remove an appointed member from office if the member – (a) [Schedule 1 Amended by No. 32 of 2009, s. 7, Applied:01 Jan 2011] being a general member, is absent from 2 consecutive meetings of the Board without the permission of the Board; or (ab) [Schedule 1 Amended by No. 32 of 2009, s. 7, Applied:01 Jan 2011] being a review member, is absent, without the permission of the Board, from 2 consecutive meetings of the Board that relate to the review for the purposes of which the member was appointed; or (b) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the member’s creditors or makes an assignment of the member’s remuneration or estate for their benefit; or (c) has been convicted, in Tasmania of any crime or offence punishable by imprisonment for 12 months or longer or elsewhere of any crime or offence which if committed in Tasmania would be punishable by imprisonment for 12 months or longer; or (d) is convicted of an offence against this Act. (4) The Minister may remove an appointed member from office if satisfied that the member is unable to perform adequately or competently the duties of office. (5) The Minister may remove an appointed member from office if – (a) the Minister is satisfied, having regard to the information supplied by the body which nominated that member, that the member is no longer qualified to be a member of the Board; or (b) the Board recommends the removal of that member. 6.   Filling of vacancies (1)[Schedule 1 Amended by No. 32 of 2009, s. 7, Applied:01 Jan 2011] If the office of a general member becomes vacant, the Minister may appoint a person to the vacant office for the remainder of that member’s term of office. (1A)[Schedule 1 Amended by No. 32 of 2009, s. 7, Applied:01 Jan 2011] If a review member vacates office, the Minister may appoint a person to the vacant office for the remainder of the review for the purposes of which the member was appointed. (2)[Schedule 1 Amended by No. 32 of 2009, s. 7, Applied:01 Jan 2011] [Schedule 1 Amended by No. 38 of 2000, s. 46, Applied:14 Jul 2000] The Minister may appoint a suitable person to act as a substitute for a general member while that member – (a) in respect of any matter that is subject to a review or advice to the Minister, is excluded from any discussion on that matter because of a declared interest; or (b) is unable for any reason to perform the functions as such a member; or (c) is absent for any reason. Schedule 2Meetings of Local Government Board

Section 4 (8)

1.   Interpretation In this Schedule, member means a member of the Board. 2.   Procedure at meetings (1)[Schedule 2 Amended by No. 32 of 2009, s. 8, Applied:01 Jan 2011] The quorum at any meeting of the Board is 3 of the members of the Board referred to in section 210(2). (2) A meeting of the Board may only transact business if there is a quorum present. (3) A question arising at a meeting of the Board is determined by a majority of votes of the members present and voting. 3.   Chairperson (1) The chairperson of the Board is to preside at all meetings of the Board. (2) If the chairperson of the Board is not present at a meeting of the Board, the members present are to elect one of their number to preside at that meeting. (3) The person presiding at a meeting of the Board has a deliberative vote and, in the event of an equality of votes, also has a casting vote. 4.   Disclosure of interest (1) A member is to disclose at a meeting of the Board any interest in a matter being considered by the Board. (2) A disclosure of interest is to be recorded in the minutes of the meeting of the Board. (3) Subject to subclause (4), the member who made the disclosure must – (a) not take part in any debate or vote in respect of the matter; and (b) leave the meeting. (4) The Minister may allow a member to remain at a meeting if – (a) the member is required to be present to make up a quorum; or (b) the Minister considers that the interest disclosed by the member is too remote to influence the debate or vote. 5.   General procedure Subject to this Schedule, the procedure for the calling of, and for the conduct of business at, meetings of the Board are as determined by the Board. Schedule 2AMembership of Code of Conduct Panel

Section 28K(4)

1.   Interpretation In this Schedule – member means a member of the Code of Conduct Panel. 2.   Term of office (1) A member is to be appointed for a period of not more than 4 years that is specified in the member’s instrument of appointment. (2) If a member becomes a councillor or employee of a council, that member’s appointment is terminated. 3.   Holding other office The holder of an office who is required under any Act to devote the whole of his or her time to the duties of that office, is not disqualified from – (a) holding that office and also the office of a member; or (b) accepting any remuneration payable to an appointed member unless the holder’s office is the office of a State Service officer or a State Service employee. 4.   State Service Act (1) A person may hold the office of a member in conjunction with the office of a State Service officer or a State Service employee. (2) The State Service Act 2000 does not apply to a person referred to in subclause (1) in his or her capacity as a member. 5.   Vacation of office (1) A member may resign from office by written notice provided to the Minister. (2) A member vacates office if he or she – (a) dies; or (b) resigns; or (c) is removed from office under subclause (3). (3) The Minister may remove a member from office if – (a) the Minister is satisfied that the member is no longer qualified to be a member of the Code of Conduct Panel; or (b) the Minister is satisfied that the member is unable, because of absence, illness or any other reason, to perform adequately or completely the duties of the office of a member; or (c) the member becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the member’s creditors or makes an assignment of the member’s remuneration or estate for their benefit; or (d) the member has been convicted in Tasmania of any offence punishable by imprisonment for a term of 12 months or longer or elsewhere of any offence which, if committed in Tasmania, would be punishable by imprisonment for a term of 12 months or longer; or (e) the Minister is satisfied that the member is no longer a fit and proper person to be a member of the Code of Conduct Panel. Schedule 3Municipal Areas, Councils and Electoral Districts

Sections 16 (5), 16 (6), 17 (2), 17 (3), 18 (2), 18 (4), 25 (3), 25 (4) and 45 (3)

COLUMN 1	COLUMN 2	COLUMN 3	COLUMN 4	COLUMN 5
Municipal Areas	Council Names	No. of Councillors	Electoral Districts	No. of Councillors for each electoral district
Break O’Day CPR 2470	Break O’Day Council	9	...	...
Brighton CPR 2477	Brighton Council	9	...	...
Burnie CPR 2049	Burnie City Council	9	...	...
Central Coast CPR 2614	Central Coast Council	(a) 12 until immediately before the day on which the certificate of election is issued in respect of the next ordinary election held after the day on which the Local Government (Number of Councillors) Order 2013 takes effect	...	...
(b) 9 on and after the day on which the certificate of election is issued in respect of the next ordinary election held after the day on which the Local Government (Number of Councillors) Order 2013 takes effect
Central Highlands CPR 2463	Central Highlands Council	9	...	...
Circular Head CPR 2465	Circular Head Council	9	...	...
Clarence CPR 2976	Clarence City Council	12	...	...
Derwent Valley CPR 2481	Derwent Valley Council	(a) 9 until immediately before the day on which the certificate of election is issued in respect of the next ordinary election held after the day on which the Local Government (Number of Councillors) Order 2014 takes effect	...	...
(b) 8 on and after the day on which the certificate of election is issued in respect of the next ordinary election held after the day on which the Local Government (Number of Councillors) Order 2014 takes effect
Devonport CPR 3658	Devonport City Council	(a) 12 until immediately before the day on which the certificate of election is issued in respect of the next ordinary election held after the day on which the Local Government (Number of Councillors) Order 2013 takes effect	...	...
(b) 9 on and after the day on which the certificate of election is issued in respect of the next ordinary election held after the day on which the Local Government (Number of Councillors) Order 2013 takes effect
Dorset CPR 2484	Dorset Council	9	...	...
Flinders CPR 2978	Flinders Council	7 effective from October 2000	...	...
George Town CPR 10734	George Town Council	9	...	...
Glamorgan-Spring Bay CPR 2473	Glamorgan-Spring Bay Council	(a) 9 until immediately before the day on which the certificate of election is issued in respect of the next ordinary election held after the day on which the Local Government (Number of Councillors) Order 2013 takes effect	...	...
(b) 8 on and after the day on which the certificate of election is issued in respect of the next ordinary election held after the day on which the Local Government (Number of Councillors) Order 2013 takes effect
Glenorchy CPR 9815	Glenorchy City Council	(a) 12 until immediately before the day on which the certificate of election is issued in respect of the next ordinary election held after the day on which the Local Government (Number of Councillors) Order 2013 takes effect	...	...
(b) 10 on and after the day on which the certificate of election is issued in respect of the next ordinary election held after the day on which the Local Government (Number of Councillors) Order 2013 takes effect
Hobart CPR 9814	Hobart City Council	12	...	...
Huon Valley CPR 2469	Huon Valley Council	9	...	...
Kentish CPR 2979	Kentish Council	9	...	...
Kingborough CPR 2478	Kingborough Council	(a) 12 until immediately before the day on which the certificate of election is issued in respect of the next ordinary election held after the day on which the Local Government (Number of Councillors) Order 2013 takes effect	...	...
(b) 10 on and after the day on which the certificate of election is issued in respect of the next ordinary election held after the day on which the Local Government (Number of Councillors) Order 2013 takes effect
King Island CPR 1790	King Island Council	9	...	...
Latrobe CPR 3657	Latrobe Council	9	...	...
Launceston CPR 10733	Launceston City Council	12	...	...
Meander Valley CPR 2467	Meander Valley Council	9	...	...
Northern Midlands CPR 2482	Northern Midlands Council	9	...	...
Sorell CPR 3510	Sorell Council	(a) 11 following election due in March 1999	...	...
(b) 9 following election due in October 2000
Southern Midlands CPR 2486	Southern Midlands Council	(a) 9 until immediately before the day on which the certificate of election is issued in respect of the next ordinary election held after the day on which the Local Government (Number of Councillors) Order 2014 takes effect	...	...
(b) 7 on and after the day on which the certificate of election is issued in respect of the next ordinary election held after the day on which the Local Government (Number of Councillors) Order 2014 takes effect
Tasman CPR 2981	Tasman Council	(a) 9 until immediately before the day on which the certificate of election is issued in respect of the next ordinary election held after the day on which the Local Government (Number of Councillors) Order 2013 takes effect	...	...
(b) 7 on and after the day on which the certificate of election is issued in respect of the next ordinary election held after the day on which the Local Government (Number of Councillors) Order 2013 takes effect
Waratah-Wynyard CPR 2488	Waratah-Wynyard Council	(a) 10 until immediately before the day on which the certificate of election is issued in respect of the next ordinary election held after the day on which the Local Government (Number of Councillors) Order 2014 takes effect	...	...
(b) 8 on and after the day on which the certificate of election is issued in respect of the next ordinary election held after the day on which the Local Government (Number of Councillors) Order 2014 takes effect
West Coast CPR 2489	West Coast Council	9	...	...
West Tamar CPR 2982	West Tamar Council	9	...	...

Schedule 3ASchedule 3BCities

Section 16A

Column 1	Column 2	Column 3
Municipal area	Name of city	Plan
1. Burnie	Burnie City	CPR 2049
2. Clarence	Clarence City	CPR 2976
3. Devonport	Devonport City	CPR 3658
4. Glenorchy	Glenorchy City	CPR 2977
5. Hobart	Hobart City	CPR 2475
6. Launceston	Launceston City	CPR 10067

Schedule 4Schedule 5Office of Councillors

Sections 25 (5), 29 (2)

1.   Expenses [Schedule 5 Amended by No. 34 of 1999, s. 86, Applied:07 Nov 2000] [Schedule 5 Amended by No. 8 of 2005, s. 165, Applied:01 Jul 2005] (1) A council, on or before 1 January 2006, is to – (a) adopt a policy in respect of payment of expenses incurred by councillors in carrying out the duties of office; and (b) make a copy of the policy available for public inspection. (2) A councillor is entitled to be reimbursed for reasonable expenses in accordance with the policy adopted under subclause (1) in relation to – (a) any prescribed expenses; and (b) any other expenses the council determines appropriate. 2.   Loan of services, facilities and equipment [Schedule 5 Amended by No. 34 of 1999, Applied:07 Nov 2000] [Schedule 5 Amended by No. 32 of 1996, Sched. 1, Applied:01 Nov 1999] [Schedule 5 Amended by No. 34 of 1999, Applied:07 Nov 2000] [Schedule 5 Amended by No. 8 of 2005, s. 165, Applied:01 Jul 2005] A council may decide to provide support services, facilities and equipment on loan to a councillor on any conditions it considers appropriate. 3.   Vacation of office [Schedule 5 Amended by No. 8 of 2005, s. 165, Applied:01 Jul 2005] (1) The office of a councillor becomes vacant if the councillor – (a) dies; or (b) resigns; or (c) is absent without leave from 3 consecutive ordinary meetings of the council; or (d) is removed or dismissed from office under this Act; or (e) becomes a paid employee of the council; or (ea) [Schedule 5 Amended by No. 19 of 2013, s. 11, Applied:20 Jun 2013] [Schedule 5 Amended by No. 34 of 2018, s. 38, Applied:10 Dec 2018] is, on the day on which he or she begins to hold that office, a member of any Parliament in Australia, and is such a member for 30 days continuously during that term of office of the councillor; or (eb) [Schedule 5 Amended by No. 19 of 2013, s. 11, Applied:20 Jun 2013] [Schedule 5 Amended by No. 34 of 2018, s. 38, Applied:10 Dec 2018] becomes, after the day on which he or she begins to hold that office, a member of any Parliament in Australia; or (f) is no longer eligible to nominate as a candidate under section 270. (1A)[Schedule 5 Amended by No. 47 of 2017, s. 42, Applied:22 Nov 2017] Despite subclause (1)(f), if – (a) a councillor is no longer eligible to nominate as a candidate under section 270 because the councillor ceases to be entitled under section 254(1) to be enrolled on the electoral roll kept under section 258(7) for an electoral district of the electoral area in respect of which he or she is a councillor; and (b) the councillor is entitled, by reason of section 254(2), to be enrolled on the electoral roll kept under section 258(1) in respect of that electoral area – the councillor does not vacate the office of councillor on so ceasing to be eligible to nominate as a candidate under section 270 but, subject to subclause (1B), vacates the office at the end of the thirtieth day after ceasing to be eligible to so nominate unless the councillor lodges an electoral enrolment form under section 257 within that 30-day period. (1B)[Schedule 5 Amended by No. 47 of 2017, s. 42, Applied:22 Nov 2017] Despite subclause (1)(f), if a councillor referred to in subclause (1A) lodges an electoral enrolment form under section 257 before the end of the thirtieth day specified in that subclause, the councillor does not vacate the office of councillor. (2) If the general manager becomes aware of a vacancy, the general manager is to notify the Electoral Commissioner. Schedule 6Ballot Papers

Section 288

PART 1Mayoral or Councillor ElectionsFormPART 2Councillor ElectionsSchedule 7Counting of Votes

Sections 299 and 301

PART 1General 1.   Interpretation (1) In this Schedule – absolute majority of votes, in relation to a candidate, is a number of votes which is greater than one-half of the total number of ballot papers, other than exhausted and informal ballot papers, on which electors have recorded their votes for the candidate; informal ballot paper means a ballot paper which is informal as specified in section 300; quota means the number of votes sufficient to elect a candidate; second preference recorded for a candidate means the preference on a ballot paper recorded by the number "2" in the square opposite the name of the candidate on the ballot paper; surplus means the number of votes which a candidate obtained at any stage of the counting of votes in excess of the quota; transfer value means that portion of a vote which is unused by – (a) an elected candidate who has obtained a surplus; or (b) a candidate excluded on account of being lowest on the poll and which is transferred to the candidate next in the order of the elector’s preference. (2) For the purpose of the definition of "transfer value", the transfer value is either one or a fraction of one. PART 2Mayoral or Councillor Elections 2.   First preferences (1) The number of first preferences recorded for each candidate is to be counted and all informal ballot papers are to be rejected. (2) The candidate who obtains an absolute majority of votes is to be elected. 3.   Second and subsequent preferences (1) If no candidate has an absolute majority of votes, the candidate who has the fewest votes is to be excluded and each ballot paper counted to that candidate, unless exhausted, is to be counted to the unexcluded candidate next in the order of the elector’s preference. (2) The process specified in subclause (1) is to be repeated until one candidate has an absolute majority of votes. 4.   Ballot paper counted and exhausted (1) Every ballot paper, not rejected as informal, is to be counted in every count until it becomes exhausted, when it is to be rejected in all further counts. (2) If a candidate is excluded, any ballot paper counted to the candidate is exhausted if there is not indicated on it a consecutive preference for one or more unexcluded candidates. 5.   Returning officer to decide exclusion and election (1) If, on any count, 2 or more candidates have an equal number of votes and one of them has to be excluded, the returning officer is to decide which candidate is to be excluded by the drawing or casting of lots in the prescribed manner. (2) If in the final count, 2 candidates have an equal number of votes, the returning officer is to decide which of them is to be elected by the drawing or casting of lots in the prescribed manner. PART 3Councillor Elections 6.   Quota (1)[Part 3 of Schedule 7 Amended by No. 38 of 2000, s. 49, Applied:14 Jul 2000] The quota is calculated in accordance with the following formula: where – Q is the quota; FP is the total number of first preferences; C is the total number of candidates to be elected. (2) Any remainder in calculating the quota is to be disregarded. (3) Subject to clause 13 (6), a candidate is not to be elected until the candidate obtains a number of votes equal to or greater than the quota. 7.   First preferences (1) The number of first preferences recorded for each candidate is to be counted and all informal ballot papers are to be rejected. (2)[Part 3 of Schedule 7 Amended by No. 38 of 2000, s. 49, Applied:14 Jul 2000] .  .  .  .  .  .  .  .   (3) A candidate who, after the first preferences have been counted, has a number of preferences equal to or greater than the quota, is to be elected. 8.   First preferences equal to quota If the number of first preferences obtained by a candidate is equal to the quota, all the ballot papers on which a first preference is recorded for that candidate are to be set aside as finally dealt with. 9.   First preferences in excess of quota If the number of first preferences obtained by a candidate exceeds the quota, the proportion of those preferences in excess of the quota is to be transferred to the other candidates not yet elected next in the order of the electors’ respective preferences in the following manner: (a) all the ballot papers on which a first preference is recorded for the elected candidate are to be re-examined and the number of second preferences, or in the case provided for in clause 10, third or next consecutive preferences, recorded for each unelected candidate are to be counted. (b) the surplus of the elected candidate is to be divided by the total number of votes obtained by the candidate on the counting of the first preferences and the resulting fraction is the transfer value; (c) the number of second or other preferences recorded for each unelected candidate is to be multiplied by the transfer value; (d) [Part 3 of Schedule 7 Amended by No. 38 of 2000, s. 49, Applied:14 Jul 2000] the resulting number of votes, truncated to 2 decimal places, is to be transferred to each unelected candidate and added to the number of votes obtained by the candidate on the counting of the first preferences. 10.   Surplus (1) If, on the counting of the first preferences or on a transfer, more than one candidate has a surplus, the largest surplus is to be dealt with first. (2) If at that stage more than one candidate has a surplus, the then largest surplus is to be dealt with next, and so on. (3) If one candidate has obtained a surplus at a count or transfer previous to that at which another candidate obtains a surplus, the surplus of the former is to be dealt with first. (4) If 2 or more surpluses are equal, the surplus of the candidate who was the highest at the count or transfer at which they last had an unequal number of votes is to be dealt with first. (5) If the 2 or more candidates had an equal number of votes at all preceding counts or transfers, the returning officer is to decide which candidate’s surplus is to be dealt with first. 11.   Quota by transfer (1) If the number of votes obtained by a candidate is increased to a number which is equal to, or exceeds, the quota by a transfer, the candidate is to be elected. (2) Notwithstanding the fact that the candidate has reached the quota, the transfer is to be completed and all the votes to which the candidate is entitled from the transfer are to be transferred to the candidates, but no votes of any other candidate are to be transferred to the candidate. (3) If the number of votes obtained by a candidate is increased by a transfer to a number which is equal to the quota, all of the ballot papers on which the votes are recorded are to be set aside as finally dealt with. (4) If the number of votes obtained by a candidate is increased by a transfer to a number which exceeds the quota, the surplus is to be transferred to the candidates next in the order of the voters’ respective preferences, in the following manner: (a) the ballot papers on which are recorded the votes obtained by the elected candidate in the last transfer are to be re-examined and the number of third preferences, or in the case provided for in clause 10, next consecutive preferences, recorded for each unelected candidate counted; (b) the surplus of the elected candidate is to be divided by the total number of ballot papers mentioned in paragraph (a) and the resulting fraction is the transfer value; (c) the number of third or other preferences recorded for each unelected candidate is to be multiplied by the transfer value; (d) [Part 3 of Schedule 7 Amended by No. 38 of 2000, s. 49, Applied:14 Jul 2000] the resulting number, truncated to 2 decimal places, is to be credited to each unelected candidate and added to the number of votes previously obtained by the candidate. 12.   Transfer of votes (1) If, after the first preferences have been counted and any surplus has been transferred, no candidate, or less than the number of candidates required to be elected, has obtained the quota – (a) the candidate who at that time, has the least number of first preference votes transferred is to be excluded; and (b) all the votes obtained by that candidate are to be transferred to the candidates next in the order of the electors’ respective preferences in the same manner as provided by clause 4. (2)[Part 3 of Schedule 7 Amended by No. 41 of 1998, s. 46, Applied:18 Dec 1998] The votes received by the excluded candidate are to be sorted into groups according to their transfer values when received by that candidate. (3)[Part 3 of Schedule 7 Amended by No. 41 of 1998, s. 46, Applied:18 Dec 1998] The groups are to be transferred at the transfer value at which they were received in the following order: (a) firstly, the group with the highest transfer value; (b) secondly, the remaining groups in descending order of transfer value. (4)[Part 3 of Schedule 7 Amended by No. 41 of 1998, s. 46, Applied:18 Dec 1998] Each transfer under subclause (3) is a separate transfer. 13.   Votes increased by transfer (1) If the number of votes obtained by a candidate by a transfer is increased to a number which is equal to, or exceeds, the quota the candidate is to be elected. (2) Notwithstanding that the candidate has reached the quota, the transfer is to be completed and all the votes to which the candidate is entitled from the transfer are to be transferred to the candidate, but no other votes are to be transferred. (3) If the number of votes obtained by a candidate is increased by a transfer to a number of votes which is equal to, but does not exceed, the quota, all the ballot papers on which those votes are recorded are to be set aside as finally dealt with. (4) If the number of votes obtained by a candidate is increased by a transfer to a number which exceeds the quota, the surplus is to be transferred to the candidates next in the order of the electors’ respective preferences in the same manner as provided by clause 11 (4), but that surplus is not to be dealt with until all the votes of the excluded candidate have been transferred. (5) If there is a surplus, it is to be dealt with before any other candidate is excluded. (6) The process of excluding the candidate who has polled the next lowest number of votes and transferring the vote to other candidates is to be repeated until all the candidates, except the number required to be elected, have been excluded and the unexcluded candidates who have not already been elected are then elected. 14.   Order of preference In determining which candidate is next in the order of an elector’s preference – (a) any candidate who has been elected or excluded is not to be considered; and (b) the order of the elector’s preference is to be determined as if the names of those candidates had not been on the ballot paper. 15.   Exclusion of candidates (1) If it is necessary to exclude a candidate, and 2 or more candidates have an equal number of votes, having at that time the least number of first preference votes transferred to them, whichever of those candidates was the lowest on the poll at the last count or transfer at which they had an unequal number of votes is excluded first. (2) If the candidates had an equal number of votes at all preceding counts or transfers, the returning officer is to decide which candidate is to be excluded first by the drawing or casting of lots in the prescribed manner. 16.   Exhausted ballot paper If, on a transfer, it is found that on a ballot paper there is no candidate opposite whose name a number is placed, other than a candidate whose name has already been elected or excluded, the ballot paper is to be set aside as exhausted. 17.   Order of election [Part 3 of Schedule 7 Amended by No. 38 of 2000, s. 49, Applied:14 Jul 2000] (1) The order of election of councillors is the order in which the candidates receive a quota. (2) If more than one candidate receives a quota at the same count or transfer, the candidate with the highest number of votes is elected first, the candidate with the next highest number of votes is elected second and so on. (3) If under clause 13(6) one candidate is elected without a quota, that candidate is elected last. (4) If under clause 13(6) more than one candidate is elected without a quota and it is necessary to determine the order of election of those candidates for any reason, the votes received by the remaining unelected candidates are to be distributed until only one candidate has received less than a quota. Schedule 8Recount to Fill a Casual Vacancy

Section 307

PART 1General 1.   Interpretation In this Schedule – completed ballot papers counted means – (a) if, after the first preferences were counted at the relevant election, the number of first preferences recorded for the vacating councillor was equal to or exceeded the quota, all the ballot papers on which those first preferences were recorded; and (b) in any other case, all the ballot papers counted for that councillor at the time of that councillor’s election, including ballot papers relating to votes that were transferred to the councillor; consenting candidate means a candidate not elected at the relevant election who consents to be included in a recount for a vacancy; [Part 1 of Schedule 8 Amended by No. 38 of 2000, s. 50, Applied:14 Jul 2000] consent period means the period within which a consent form is to be lodged under section 307(5); relevant election means the election last held to fill the office of the vacating councillor; quota means the number of votes sufficient to elect a candidate; vacating councillor means a councillor who is vacating the office of councillor. PART 2Original Election Was For More Than One Councillor 2.   One consenting candidate [Part 2 of Schedule 8 Amended by No. 53 of 2004, Sched. 1, Applied:16 Feb 2005] If there is only one consenting candidate, the Electoral Commissioner is to– (a) declare the candidate elected; and (b) notify the Minister in writing of the election of the candidate. 3.   More than one consenting candidate [Part 2 of Schedule 8 Amended by No. 53 of 2004, Sched. 1, Applied:16 Feb 2005] If there are 2 or more consenting candidates, the Electoral Commissioner, within 7 days after the end of the consent period, is to ascertain in accordance with this Schedule which consenting candidate is to be elected. 4.   Transfer of votes (1) If – (a) a vacating councillor was, by virtue of clause 13 (6) of Schedule 7, elected at the relevant election after the candidate who was lowest on the poll at that election had been excluded from the counting; and (b) the votes obtained by the excluded candidate were not required to be transferred to the candidates next in the order of the electors’ preferences – so many of those votes as would have been transferred to that vacating councillor, if the votes of the excluded candidate had been transferred to the candidates next in the order of the electors’ representative preferences, are taken to have been so transferred to, and to be obtained by, that vacating councillor and the completed ballot papers representing those votes are to be counted for that councillor. (2) The ballot papers counted for the vacating councillor are to be examined, and all the votes obtained by the councillor are to be transferred to and counted for the consenting candidates first or next in the order of the electors’ respective preferences. (3)[Part 2 of Schedule 8 Amended by No. 41 of 1998, s. 47, Applied:18 Dec 1998] The votes received by the vacating councillor as first preferences are to be transferred at the transfer value as determined under subclause (5). (4)[Part 2 of Schedule 8 Amended by No. 41 of 1998, s. 47, Applied:18 Dec 1998] The other votes received by the vacating councillor that are not first preferences are to be transferred at the transfer value as determined under subclause (6). (4A)[Part 2 of Schedule 8 Amended by No. 41 of 1998, s. 47, Applied:18 Dec 1998] All the votes received by the vacating councillor are to be – (a) sorted into groups according to their transfer values; and (b) transferred in the following order: (i) firstly, the group with the highest transfer value; (ii) secondly, the remaining groups in descending order of transfer value. (5) If the votes obtained as first preferences by the vacating councillor – (a) were sufficient to elect the councillor, the transfer value of those votes is the fraction determined by dividing the number of votes sufficient to elect the councillor by the total number of votes obtained by the councillor; or (b) were insufficient to elect the councillor, the transfer value of those votes is one. (6) If the number of votes obtained by the vacating councillor at an individual count, other than the votes obtained as first preferences – (a) were not sufficient to elect the councillor, the transfer value of the votes obtained on that count is that at which they were obtained by the councillor; or (b) were sufficient to elect the councillor, the transfer value of the votes received at that count is that which would have been sufficient to elect the councillor immediately before that count. (7)[Part 2 of Schedule 8 Amended by No. 41 of 1998, s. 47, Applied:18 Dec 1998] Each transfer under subclause (4A) is a separate transfer. 5.   Counting of votes (1) After the number of votes for each consenting candidate has been ascertained, the method of counting votes set out in Part 2 or 3 of Schedule 7 applies with the necessary modifications. (2)[Part 2 of Schedule 8 Amended by No. 53 of 2004, Sched. 1, Applied:16 Feb 2005] The Electoral Commissioner is to declare the consenting candidate who obtains an absolute majority of the votes within the meaning of that Schedule to be elected. (3)[Part 2 of Schedule 8 Amended by No. 53 of 2004, Sched. 1, Applied:16 Feb 2005] As soon as practicable after declaring a consenting candidate to be elected, the Electoral Commissioner is to notify the Minister in writing of the election of the candidate. 6.   Exclusion of candidate (1) If it is necessary to exclude a consenting candidate, and 2 or more consenting candidates have an equal number of votes and are lowest on the poll, whichever of those candidates was lowest on the poll at the last count or transfer at which they had an unequal number of votes is excluded first. (2) If the candidates had an equal number of votes at all preceding counts or transfers, the returning officer is to decide which consenting candidate is to be excluded first. 7.   Previous election under Schedule [Part 2 of Schedule 8 Amended by No. 53 of 2004, Sched. 1, Applied:16 Feb 2005] If a vacating councillor was elected under the provisions of this Schedule, the Electoral Commissioner is to– (a) examine the ballot papers that at the relevant election were counted for the councillor in whose place the vacating councillor was elected (including votes transferred to the last-mentioned councillor); and (b) ascertain which consenting candidate is to be elected in accordance with this Schedule. 8.   Order of preferences To determine which consenting candidate is first or next in the order of the electors’ preferences – (a) the name of, and the first preferences recorded at the relevant election for, an excluded candidate who is a consenting candidate is not to be omitted from any completed ballot papers transferred to the vacating councillor, but is to be counted for that consenting candidate; and (b) any candidates who were elected at the relevant election or who are not consenting candidates are to be disregarded and the order of the electors’ preferences are to be determined as if the names of those candidates had not been included on the ballot papers. 9.   Ballot papers exhausted A complete ballot paper is exhausted if there is no candidate next to whose name a number has been placed other than a candidate – (a) who has already been elected; or (b) who is not a consenting candidate. PART 3Schedule 8ASavings and Transitional Provisions Consequent on Local Government Amendment (Code of Conduct) Act 2015

Section 349A

1.   Interpretation (1) In this Schedule – commencement day means the day on which the Local Government Amendment (Code of Conduct) Act 2015 commences; new Act means this Act as in force on and after the commencement day; previous Act means this Act as in force immediately before the commencement day; previous Code of Conduct Panel means a Code of Conduct Panel as defined in the previous Act; previous Regulations means – (a) if the Local Government (General) Regulations 2005 are in force immediately before the commencement day, those regulations as in force immediately before that day; or (b) if the Local Government (General) Regulations 2015 are in force immediately before the commencement day, those regulations as in force immediately before that day; Standards Panel means a Standards Panel as defined in the previous Act. (2) A reference in this Schedule to regulation 22C of the previous Regulations is a reference to – (a) regulation 22C of the Local Government (General) Regulations 2005; or (b) the regulation in the Local Government (General) Regulations 2015 that substantially corresponds to that regulation 22C – as appropriate, and a reference to the application of the previous Regulations in relation to that regulation is a reference to the Local Government (General) Regulations 2005 or the Local Government (General) Regulations 2015, also as appropriate. 2.   Code of conduct On and after the commencement day until a council adopts the model code of conduct under section 28T, the code of conduct of the council that was in force under the previous Act immediately before the commencement day continues in force and is taken to be the council’s code of conduct within the meaning of this Act. 3.   Complaints under previous Act (1) If – (a) before the commencement day, a complaint against a councillor is made under section 28F of the previous Act; but (b) immediately before the commencement day, the mayor or deputy mayor has not, under regulation 22C of the previous Regulations, notified the councillor against whom the complaint is made of the complaint – the complaint is to be dealt with, investigated and determined as a code of conduct complaint under the new Act. (2) If – (a) before the commencement day, a complaint against a councillor is made under section 28F of the previous Act and the mayor or deputy mayor has, under regulation 22C of the previous Regulations, notified the councillor against whom the complaint is made of the complaint; but (b) the 7-day period within which, under regulation 22C of the previous Regulations, the councillor may lodge an election to have the complaint referred to the Local Government Association of Tasmania to be dealt with by a Standards Panel has not expired – the previous Act and previous Regulations continue to apply in relation to the complaint until the end of that 7-day period. (3) If – (a) before the commencement day, a complaint against a councillor is made under section 28F of the previous Act; and (b) the councillor, either before the commencement day or as allowed by subclause (2) and under regulation 22C of the previous Regulations, has lodged an election to have the complaint referred to the Local Government Association of Tasmania to be dealt with by a Standards Panel – the previous Act and previous Regulations continue to apply in relation to the complaint, its hearing and a determination. (4) If – (a) before the commencement day, a complaint against a councillor is made under section 28F of the previous Act; and (b) the councillor, either before the commencement day or as allowed by subclause (2) and under regulation 22C of the previous Regulations, has not lodged an election to have the complaint referred to the Local Government Association of Tasmania to be dealt with by a Standards Panel; and (c) the mayor or deputy mayor has not referred the complaint to a previous Code of Conduct Panel – the complaint is to be dealt with as a code of conduct complaint under the new Act. (5) If – (a) before the commencement day, a complaint against a councillor is made under section 28F of the previous Act; and (b) the councillor, either before the commencement day or as allowed by subclause (2) and under regulation 22C of the previous Regulations, has not lodged an election to have the complaint referred to the Local Government Association of Tasmania to be dealt with by a Standards Panel; and (c) the mayor or deputy mayor has referred the complaint to a previous Code of Conduct Panel – the previous Act and previous Regulations continue to apply in relation to the complaint, its hearing and determination and in relation to an appeal made under section 28F of the previous Act against the decision of the previous Code of Conduct Panel. 4.   Continuation of, and termination of membership of, previous Code of Conduct Panel (1) At any time on or after the commencement day, a council is to terminate the appointments of the members of its previous Code of Conduct Panel once the council is satisfied that the Panel will not be required, by reason of clause 3, to deal with, hear and determine a complaint made under section 28F of the previous Act. (2) On and after the commencement day until the appointment of a member of a previous Code of Conduct Panel that was in force immediately before the commencement day is terminated under subclause (1), that appointment continues and for that purpose the previous Act applies to that appointment. (3) If, on or after the commencement day, a previous Code of Conduct Panel is required, by reason of clause 3, to deal with, hear and determine a complaint made under section 28F of the previous Act and it is necessary to appoint a new member to the Panel, the previous Act continues to apply – (a) so as to allow the appointment of the new member to the Code of Conduct Panel; and (b) to the appointment of the new member until the appointment is terminated under subclause (1). (4) A member of the previous Code of Conduct Panel is not entitled to receive any benefit in respect of the termination of his or her appointment as such a member under subclause (1). 5.   Continuation of, and termination of membership of, Standards Panel (1) At any time on or after the commencement day, the Local Government Association of Tasmania is to terminate the appointments of the members of its Standards Panel once that Association is satisfied that the Panel will not be required, by reason of clause 3, to deal with, hear and determine – (a) a complaint made under section 28F of the previous Act; or (b) an appeal against the determination of such a complaint by a previous Code of Conduct Panel. (2) On and after the commencement day until the appointment of a member of a Standards Panel that was in force immediately before the commencement day is terminated under subclause (1), that appointment continues and for that purpose the previous Act applies to that appointment. (3) If, on or after the commencement day, the Standards Panel is required, by reason of clause 3, to deal with, hear and determine a complaint under section 28F of the previous Act or an appeal against the determination of such a complaint by a previous Code of Conduct Panel and it is necessary to convene the Standards Panel or appoint new members to the Standards Panel, the previous Act continues to apply – (a) so as to allow the convening of the Standards Panel and the appointments of members, or new members, to the Standards Panel; and (b) to the appointment of each of those members and new members until the appointment is terminated under subclause (1). (4) A member of a Standards Panel is not entitled to receive any benefit in respect of the termination of his or her appointment as such a member under subclause (1). Schedule 9Repeals

Section 350

Hobart Corporation Act 1963 (No. 81 of 1963)

Hobart Corporation Act 1976 (No. 39 of 1976)

Hobart Corporation Act 1977 (No. 26 of 1977)

Hobart Corporation Amendment Act 1990 (No. 10 of 1990)

Launceston Corporation Act 1963 (No. 82 of 1963)

Local Government Act 1962 (No. 67 of 1962)

Local Government Amendment (Administrative Amendments) Act 1983 (No. 91 of 1983)

Local Government Amendment (Building Regulations Board) Act 1985 (No. 80 of 1985)

Local Government Amendment (Crown Lands) Act 1989 (No. 1 of 1989)

Local Government Amendment (Development and Building) Act 1985 (No. 91 of 1985)

Local Government Amendment (Elections) Act 1992 (No. 56 of 1992)

Local Government Amendment (Health Surveyors) Act 1984 (No. 83 of 1984)

Local Government Amendment (Local Government Advisory Board) Act 1987 (No. 29 of 1987)

Local Government Amendment (Local Government Advisory Board) Amendment Act 1991 (No. 18 of 1991)

Local Government Amendment (Master Planning Authorities) Act 1984 (No. 46 of 1984)

Local Government Amendment (Municipal Association) Act 1990 (No. 51 of 1990)

Local Government Amendment (Municipal Caravan Parks and Camping Grounds) Act 1982 (No. 76 of 1982)

Local Government Amendment (Municipal Elections) Act 1991 (No. 32 of 1991)

Local Government Amendment (Planning and Development) Act 1990 (No. 50 of 1990)

Local Government Amendment (Planning Fees) Act 1990 (No. 36 of 1990)

Local Government Amendment (Rates and Charges) Act 1985 (No. 28 of 1985)

Local Government (City of Launceston Reorganization) Act 1985 (No. 29 of 1985)

Local Government (Municipality of Lyell) Act 1986 (No. 28 of 1986)

Local Government Amendment (Building and Plumbing) Act 1993 (No. 37 of 1993)

Schedule 10Validation

Section 350A

1.   Interpretation of Schedule 10 In this Schedule – charge means a charge made under Part 9; introduction day means the day on which a bill entitled the Local Government Amendment Bill (No.2) 2011 is presented to the House of Assembly; rate means a general rate, a separate rate, a construction rate, or a service rate, each within the meaning of Part 9; rates notice has the same meaning as it has in Part 9. 2.   Validation of certain rates and charges (1) A rate or charge made, or purportedly made, under Part 9 on a day ("the relevant day") before the introduction day is to be taken to have been validly made on the relevant day, and to have always been validly made on the relevant day, under this Act. (2) A variation, of a rate or charge, made, or purportedly made, under section 94(3), section 94(3A), section 106A(1) or section 107 on a day ("the relevant day") before the introduction day is to be taken to have been validly made on the relevant day, and to have always been validly made on the relevant day, under this Act. (3) A minimum amount payable set, or purportedly set, under section 90(4), section 93(3) or section 107 on a day ("the relevant day") before the introduction day is to be taken to have been validly set on the relevant day, and to have always been validly set on the relevant day, under this Act. (4) If, on a day ("the relevant day") before the introduction day, a council purported to vary under section 107 a minimum amount payable set, or purportedly set, under section 90(4), section 93(3) or section 107, the minimum amount as so varied is to be taken to have been validly set on the relevant day, and to have always been validly set on the relevant day, under this Act. 3.   Effect of validation on current proceedings, &c. (1) In this clause, a reference to the relevant proceedings, in relation to a council, is a reference to proceedings, in a court, relating to a decision of the council, if – (a) the proceedings include or involve a relevant claim; and (b) an instrument commencing the proceedings in the court has been lodged with the court before the introduction day – whether or not the proceedings have been determined by the court. (2) A relevant claim is a claim to the effect that – (a) a rate or a charge made, or purportedly made, under Part 9 was invalidly made or the making of it was attended by legal error or in any event was unauthorised by law; or (b) a variation, of a rate or charge, made, or purportedly made, under section 94(3), section 94(3A), section 106A(1) or section 107, was invalidly made or the making of it was attended by legal error or in any event was unauthorised by law; or (c) a minimum amount payable set, or purportedly set, under section 90(4), section 93(3) or section 107 was invalidly set or the setting of it was attended by legal error or in any event was unauthorised by law; or (d) a variation made, or purportedly made, under section 107, of a minimum amount payable set, or purportedly set, under section 90(4), section 93(3) or section 107, was invalidly made or the making of it was attended by legal error or in any event was unauthorised by law. (3) Clause 2 does not affect any order or determination made by a court before that clause comes into effect. (4) If relevant proceedings in relation to a council are not finally determined before clause 2 comes into effect, the proceedings, and any proceedings for a review, or appeal, of a decision in relation to such proceedings, are to be dealt with and determined as if that clause had not come into effect. (5) A council may not, after this subclause comes into effect, issue, in relation to the particular rateable land to which relevant proceedings relate, a rates notice in relation to a rate or charge in respect of the 2011-2012 financial year, or any preceding financial year, if the rate or charge could not, but for clause 2, be imposed in respect of the rateable land.