Local Government Act 1995 (WA)
Western Australia
Western Australia
Western Australia
Local Government Act 1995(a) section 1.2 provides for the commencement of the Act; and (b) section 1.3 summarizes the main content of the Act and what it intends to achieve; and (c) section 1.5 explains the legal status of italicized notes such as this; and (d) section 1.6 states the position of the Crown; and (e) other provisions define some terms and concepts used in the Act.
This Act may be cited as the
This Act comes into operation on 1 July 1996.
(1) This Act provides for a system of local government by —
(a) providing for the constitution of elected local governments in the State; and
(b) describing the functions of local governments; and
(c) providing for the conduct of elections and other polls; and
(d) providing a framework for the administration and financial management of local governments and for the scrutiny of their affairs.
(2) This Act is intended to result in —
(a) better decision‑making by local governments; and
(b) greater community participation in the decisions and affairs of local governments; and
(c) greater accountability of local governments to their communities; and
(d) more efficient and effective local government.
[(3) deleted]
In this Act, unless the contrary intention appears —
(a) in relation to a council, means a majority comprising enough of the members for the time being of the council for their number to be more than 50% of the number of offices (whether vacant or not) of member of the council;
(b) in relation to any other body, means a majority comprising enough of the persons for the time being constituting the body for their number to be more than 50% of the number of offices (whether vacant or not) on the body;
(a) in relation to an audit, other than a performance audit —
(i) in relation to a local government that has an audit contract that is in force — a person for the time being appointed under Part 7 Division 2 to be the auditor of the local government; and
(ii) in relation to a local government that does not have an audit contract that is in force — the Auditor General;
and
(b) in relation to a performance audit — the Auditor General;
(a) not granted or contracted to be granted in fee simple; or
(b) not held or occupied —
(i) under conditional terms of purchase; or
(ii) with a right to acquire the fee simple;
(a) an instrument executed or issued pursuant to a contract or arrangement with the Crown by virtue of which land is held or occupied with a right, whether subject to compliance with conditions or otherwise, to acquire the fee simple; and
(b) a lease under the
Housing Act 1980 ; and(c) an instrument by virtue of which lands are held or occupied subject to the payment of a peppercorn or nominal rental;
(a) an elector mayor or president of the local government; or
(b) a councillor on the council (including a councillor who holds another office under section 2.17(2) or 2.17A(2) or (3) as well as the office of councillor);
(a) means a person who is in possession as —
(i) the holder of an estate of freehold in possession in the land, including an estate or interest under a contract or an arrangement with the Crown or a person, by virtue of which contract or arrangement the land is held or occupied with a right to acquire by purchase or otherwise the fee simple; or
(ia) the owner of a lot in a leasehold scheme as defined in the
Strata Titles Act 1985 section 3(1); and(ii) a Crown lessee or a lessee or tenant under a lease or tenancy agreement of the land which in the hands of the lessor is not rateable land under this Act, but which in the hands of the lessee or tenant is by reason of the lease or tenancy rateable land under this or another Act for the purposes of this Act; or
(iii) a mortgagee of the land; or
(iv) a trustee, executor, administrator, attorney, or agent of a holder, lessee, tenant, or mortgagee, mentioned in this paragraph;
or
(b) where there is not a person in possession, means the person who is entitled to possession of the land in any of the capacities mentioned in paragraph (a), except that of mortgagee; or
(c) where, under a licence or concession there is a right to take profit of Crown land specified in the licence or concession, means the person having that right; or
(d) where a person is lawfully entitled to occupy land which is vested in the Crown, and which has no other owner according to paragraph (a), (b), or (c), means the person so entitled; or
(e) means a person who —
(i) under the
Mining Act 1978 , holds in respect of the land a mining tenement within the meaning given to that expression by that Act; or(ii) in accordance with the
Mining Act 1978 holds, occupies, uses, or enjoys in respect of the land a mining tenement within the meaning given to that expression by theMining Act 1904 3 ; or(iii) under the
Petroleum and Geothermal Energy Resources Act 1967 holds in respect of the land a permit, drilling reservation, lease or licence within the meaning given to each of those expressions by that Act;
or
(f) where a person is in the unauthorised occupation of Crown land, means the person so in occupation;
(1) In this Act —
(a) begins at the close of nominations (as defined in section 4.49(a)) for a relevant election for the local government; and
(b) ends —
(i) on the day after the day on which the returning officer declares the result of the relevant election under section 4.77; or
(ii) if section 4.57(1) applies to the relevant election — on the day after the day on which the close of nominations falls; or
(iii) if section 4.58(1) applies to the relevant election — on the day after the day on which the candidate dies.
(2) In subsection (1) —
(a) an ordinary election;
(b) an inaugural election;
(c) an election under section 4.11, 4.12, 4.13 or 4.14;
(d) an election under section 4.15 after an election that is a relevant election under paragraph (a), (b) or (c) or this paragraph is declared invalid.
A description that is printed in italics at the beginning of a Part of this Act explaining what it is about is not part of the Act.
This Act does not bind the Crown except to the extent expressly stated in this Act.
Where under this Act local public notice of a matter is required to be given, notice of the matter must be —
(a) published on the official website of the local government concerned in accordance with the regulations; and
(b) given in at least 3 of the ways prescribed for the purposes of this section.
Where under this Act Statewide public notice of a matter is required to be given, notice of the matter must be given in accordance with section 1.7(a) and (b) and the requirements prescribed for the purposes of this section.
The footnote
(a) if the power is conferred on a local government, it can only be exercised by or in accordance with, a decision of an absolute majority of the council; or
(b) if the power is conferred on any other body, it can only be exercised by or in accordance with, a decision of an absolute majority of that body.
(a) the division of the State into districts and wards for local government purposes; and (b) the creation of local governments; and (c) the creation and membership of elected councils; and (d) the qualifications of members of councils; and (e) the terms of office of members of councils and how their offices may become vacant; and (f) commissioners of local governments.
(1) The Governor, on the recommendation of the Minister, may make an order —
(a) declaring an area of the State to be a district; or
(b) changing the boundaries of a district; or
(c) abolishing a district; or
(d) as to a combination of any of those matters.
(2) Schedule 2.1 (which deals with creating, changing the boundaries of, and abolishing districts) has effect.
(3) The Minister can only make a recommendation under subsection (1) if the Advisory Board has recommended under Schedule 2.1 that the order in question should be made.
(1) The Governor, on the recommendation of the Minister, may make an order —
(a) dividing a district into wards; or
(b) creating new wards in a district that is already divided into wards; or
(c) changing the boundaries of a ward; or
(d) abolishing any or all of the wards into which a district is divided; or
(e) as to a combination of any of those matters.
(2) For the purposes of this Act —
(a) an order that divides a district into wards is to be regarded as establishing a ward system for the district; and
(b) an order that abolishes all of the wards into which a district is divided and does not create new wards, is to be regarded as discontinuing the ward system for the district.
(3) Schedule 2.2 (which deals with wards and representation) has effect.
(4) The Minister can only make a recommendation under subsection (1) if the Advisory Board has recommended under Schedule 2.2 that the order in question should be made.
(5) An order cannot be made under subsection (1) in relation to a district which, under regulations made for the purposes of section 2.2A(1)(a), cannot be divided into wards.
(1) Regulations may —
(a) provide that a district cannot be divided into wards; and
(b) if the district is divided into wards — abolish all of the wards.
(2) If regulations are made for the purposes of subsection (1)(b) —
(a) the abolition of the wards does not of itself cause a change in the number of offices of councillor on the council; and
(b) regulations may give directions to the effect that, in advance of the abolition of the wards taking effect, Part 4 applies for the purpose of preparing for, and conducting, an election as if the abolition had already taken effect; and
(c) the operation of Part 4 is modified to the extent necessary to give effect to any directions given for the purposes of paragraph (b); and
(d) regulations may give other directions, including directions modifying the operation of this Act, for the purpose of giving effect to the abolition of the wards.
(1) An order under section 2.1 designating an area of the State to be a district is to include an order naming the district.
(2) An order under section 2.2 establishing a ward system for a district is to include an order naming the wards.
(3) If a local government proposes under Schedule 2.2 that an order be made changing the name of the district or a ward, the Minister may recommend to the Governor that the order be made, and the Governor may make the order accordingly.
(4) The Minister can only make a recommendation under subsection (3) if the Advisory Board has recommended under Schedule 2.2 that the order in question should be made.
(1) An order under section 2.1 declaring an area of the State to be a district is to include an order designating the district a city, town or shire.
(2) The Governor may, by order, change the designation of a district.
(3) A district can only be designated a city if —
(a) the district is in the metropolitan area and has more than 30 000 inhabitants more than half of whom live in an urban area; or
(b) the district, if it is not in the metropolitan area, has more than 20 000 inhabitants more than half of whom live in an urban area.
(4) A district can only be designated a town if more than half of its inhabitants live in an urban area.
(5) A district that is not designated a city or a town is to be designated a shire.
(6) The number of inhabitants of a district at a particular time is to be taken as that established by the Government Statistician appointed under the
Statistics Act 1907 according to the information then available to that person.(7) Despite any change in the number or distribution of a district’s inhabitants, the designation of the district continues to apply until it is changed under this section.
(1) When an area of the State becomes a district, a local government is established for the district.
(2) The local government is a body corporate with perpetual succession and a common seal.
(3) The local government has the legal capacity of a natural person.
(4) The corporate name of the local government is the combination of the district’s designation and name.
Example:
City of
(5) If the district’s name incorporates its designation, the designation is not repeated in the corporate name of the local government.
Example:
district’s name: Albany (Town)
corporate name: Town of Albany
(6) Proceedings may be taken by or against the local government in its corporate name.
(1) Each local government is to have an elected council as its governing body.
(2) The offices on the council of the local government of a city or town are those of the mayor, the deputy mayor and the councillors.
(3) The offices on the council of the local government of a shire are those of the president, the deputy president and the councillors.
(4) The Governor may, by order, appoint a person to be the commissioner of a local government until the offices of members of the council are filled for the first time and the council holds its first meeting.
(1) The council governs the local government’s affairs and, as the local government’s governing body, is responsible for the performance of the local government’s functions.
(2) The council’s governing role includes the following —
(a) overseeing the allocation of the local government’s finances and resources;
(b) determining the local government’s policies;
(c) planning strategically for the future of the district;
(d) determining the services and facilities to be provided by the local government in the district;
(e) selecting the CEO and reviewing the CEO’s performance;
(f) providing strategic direction to the CEO.
(3) For the purpose of ensuring proper governance of the local government’s affairs, the council must have regard to the following principles —
(a) the council’s governing role is separate from the CEO’s executive role as described in section 5.41;
(b) it is important that the council respects that separation.
(4) The council must make its decisions —
(a) on the basis of evidence, on the merits and in accordance with the law; and
(b) taking into account the local government’s finances and resources.
(5) The council must have regard to the need to support an organisational culture for the local government that promotes the respectful and fair treatment of the local government’s employees.
(6) The council has the other functions given to it under this Act or any other written law.
(1) The mayor or president —
(a) provides leadership and guidance to the council and council members, including guidance as to the roles of the council and council members; and
(b) acts as the principal spokesperson for the local government, and carries out civic and ceremonial duties on behalf of the local government, at all times acting consistently with council decisions; and
(c) presides at meetings of the council, ensuring that meetings are orderly and held in accordance with this Act; and
(d) promotes, facilitates and supports positive and constructive working relationships among council members; and
(e) liaises with the CEO on the local government’s affairs and the performance of its functions.
Note for this subsection:
The role of the mayor or president as described in this subsection can be affected by other provisions of this Act or by another written law. For example, section 5.67 prohibits the mayor or president from presiding at a meeting of the council in the circumstances described in that section.
(1A) The mayor or president has the other functions given to the mayor or president under this Act or any other written law.
(2) Section 2.10 applies to a councillor who is also the mayor or president and extends to a mayor or president who is not a councillor.
The deputy mayor or deputy president performs the functions of the mayor or president when authorised to do so under section 5.34.
(1) A councillor —
(a) represents the interests of the electors, ratepayers and residents of the district and takes account of the interests of other persons who work in, or visit, the district; and
(b) participates in the deliberation and decision‑making of the local government at council and committee meetings; and
(c) facilitates communication with the community about council decisions; and
(d) facilitates and maintains good working relationships with other councillors, the mayor or president and the CEO; and
(e) acts consistently with section 2.7(3) to (5); and
(f) maintains and develops the requisite skills to effectively perform their role.
Note for this subsection:
The role of a councillor as described in this subsection can be affected by other provisions of this Act or by another written law. For example, section 5.67 prohibits a councillor from participating in a meeting of the council or a committee in the circumstances described in that section.
(2) A councillor has the other functions given to the councillor under this Act or any other written law.
(1) When an order is made under section 2.1 declaring an area of the State to be a district, the Governor is, by order, to specify whether the first mayor or president of the local government is to be —
(a) elected by electors of the district under Part 4; or
(b) elected by the council from amongst the councillors under Schedule 2.3, Division 1.
(2) A local government may change* the method of filling the office of mayor or president used by the local government from the election by the council method to the election by the electors method.
(3) A local government may exercise the power conferred by subsection (2) whether or not a proposal has been made under section 2.12.
(4) The method of filling the office of mayor or president used by a local government is changed from the election by the electors method to the election by the council method if the result of a poll declared under section 2.12A(4) is that a majority of electors of the district who voted at the poll voted in favour of the change.
(5) This section and sections 2.12 and 2.12A are subject to any regulations made for the purposes of section 2.12B.
(1) A proposal to change the method of filling the office of mayor or president used by a local government to the other method mentioned in section 2.11(1)(a) or (b) may be made to the local government by electors of the district who —
(a) are at least 250 in number; or
(b) are at least 10% of the total number of electors of the district.
(2) The proposal is to comply with any regulations about such proposals.
(3) If the proposal is to change the method of filling the office of mayor or president from the election by the council method to the election by the electors method, consideration is to be given to the proposal by such means as the council thinks fit after which a motion to change the method of filling the office of mayor or president is to be put to the council for decision under section 2.11(2).
(1) If —
(a) electors of the district, acting under section 2.12(1), propose; or
(b) the council, by motion passed by it, proposes,
to change the method of filling the office of mayor or president of the local government from the election by the electors method to the election by the council method, the local government is to —
(c) give local public notice of the proposal stating that submissions about the proposal may be made to the local government before a day to be specified in the notice, being a day that is not less than 6 weeks after the notice is given; and
(d) consider or reconsider the proposal in view of any submissions received.
(2) Subject to section 2.13(3), if the local government decides to proceed with the proposal, there is to be a poll of the electors of the district on the proposal and —
(a) the Advisory Board is to —
(i) determine the question to be voted on by the electors of the district; and
(ii) prepare a summary of the case for each way of voting on the question;
and
(b) the Electoral Commissioner is to —
(i) make the summary available to the electors before the poll is conducted; and
(ii) be responsible for the conduct of the poll; and
(iii) appoint a person to be the returning officer of the local government for the poll;
and
(c) the local government is to meet the expenses of the Electoral Commissioner in connection with the poll to the extent required by regulations.
(3) The returning officer is to conduct the poll for and under the direction of the Electoral Commissioner.
(4) As soon as is practicable after the result of the poll is known the returning officer is to declare and give notice of the result in accordance with regulations.
(5) A poll referred to in this section is not to be held more than once in every 4 years in a district, even if a proposal has been made by the electors under section 2.12.
(1) Regulations may —
(a) provide that the method of filling the office of mayor or president used by a local government —
(i) must be the election by the electors method; and
(ii) cannot be changed to the election by the council method;
and
(b) if the method of filling the office of mayor or president used by the local government is the election by the council method — change the method to the election by the electors method.
(2) If regulations are made for the purposes of subsection (1)(b) —
(a) regulations must, for the purposes of section 2.13(4)(a), provide for the change to have effect in relation to the filling of the office of mayor or president —
(i) at the next ordinary elections for the local government that are held after a day provided for in regulations for the purposes of this subparagraph; or
(ii) subject to subsection (3), at another time that coincides with the holding of a different type of election for the local government;
and
(b) regulations may give directions, including directions modifying the operation of this Act, for the purpose of giving effect to the change.
(3) Provision can be made as referred to in subsection (2)(a)(ii) only if the Minister is satisfied that the provision is appropriate because of particular circumstances.
Examples for this subsection:
1. The offices of members of the council have been declared vacant under section 2.37 and the next election for the local government will be an election under section 4.13.
2. The council has been dismissed under section 8.25(1) and the next election for the local government will be an election under section 4.14.
(1) A decision under section 2.11(2) to change to the election by electors method has effect in relation to the filling of the office of mayor or president at the next ordinary elections of the local government held after the decision is made and from then on until a change under section 2.11(4) to the election by the council method takes effect.
(2) A change under section 2.11(4) to the election by the council method has effect in relation to the filling of the office of mayor or president at the first meeting of the council after the ordinary elections of the local government in the year in which the term of office of the incumbent mayor or president ends and from then on until a decision under section 2.11(2) to change to the election by electors method takes effect.
(3) A decision under section 2.11(2) has no effect if it is made during, and a decision under section 2.12A(2) has no effect unless a poll resulting from it is held before, the period beginning on the 80
th day before, and ending on, the ordinary election day in the year in which the term of office of the incumbent mayor or president ends.(4) A change made by regulations to the election by the electors method under section 2.12B(1)(b) has effect —
(a) in accordance with regulations made as referred to in section 2.12B(2)(a); and
(b) from then on, subject to subsection (5).
(5) If a local government ceases to be subject to regulations made for the purposes of section 2.12B(1)(a), the election by the electors method must nevertheless be used for filling the office of mayor or president until a change under section 2.11(4) to the election by the council method takes effect.
If the method of filling the office of mayor or president of a local government is changed from election by electors to election by the council then, despite the Table to section 2.28, an elector mayor or president may continue to hold that office after the end of their term until a mayor or president is elected by the council.
The deputy mayor or deputy president is to be elected by the council under Schedule 2.3, Division 2.
(1) If a district is not divided into wards the councillors are to be elected by electors of the district under Part 4.
(2) If a district is divided into wards the councillors for a ward are to be elected by electors of that ward under Part 4.
In this Division —
(1) The Governor may, on the recommendation of the Minister, by order —
(a) specify an estimate of a district’s population; and
(b) provide that the specified estimate is taken to be the district’s population for the purposes of sections 2.17 and 2.17A.
(2) The order must provide for the provision made under subsection (1)(b) to have effect —
(a) on and from an ordinary election day for the local government; or
(b) subject to subsection (3), on and from an election day for the local government that is not an ordinary election day.
(3) Provision can be made under subsection (2)(b) only if the Minister is satisfied that the provision is appropriate because of particular circumstances.
Examples for this subsection:
1. The offices of members of the council have been declared vacant under section 2.37 and the next election for the local government will be an election under section 4.13.
2. The council has been dismissed under section 8.25(1) and the next election for the local government will be an election under section 4.14.
(4) Before making a recommendation under subsection (1), the Minister must consult the Government Statistician.
(5) An estimate of a district’s population recommended under subsection (1) must be either —
(a) an estimate —
(i) that has been published under the
Statistics Act 1907 section 14; or(ii) that has been approved by the Government Statistician in the course of the consultation under subsection (4);
or
(b) an estimate that, in the Minister’s opinion, is substantially derived from statistics or other information —
(i) that has been published under the
Statistics Act 1907 section 14; or(ii) that has been approved by the Government Statistician in the course of the consultation under subsection (4).
(6) The Minister must, in consultation with the Government Statistician, review an estimate specified in an order under this section at intervals of no more than 5 years with a view to deciding whether the estimate should be replaced.
(7) The Government Statistician must provide the Minister with any assistance requested in the course of a consultation under subsection (4) or (6).
(8) In subsections (4) to (7) —
(9) The
Interpretation Act 1984 section 42 applies to an order made under this section as if the order were regulations made under this Act.
(1) If the method of filling the office of mayor or president is election by electors, the council is to consist of —
(a) the mayor or president; and
(b) a number of councillors that is —
(i) not less than the minimum number of councillors under subsection (3); but
(ii) not more than the maximum number of councillors under subsection (4).
Note for this paragraph:
For the council of the City of Perth, the number of councillors is 8 — see the
(2) One of the councillors is to hold the office of deputy mayor or deputy president in conjunction with their office as a councillor.
(3) For the purposes of subsection (1)(b)(i), the minimum number of councillors is as follows —
(a) if the district’s population is not more than 75 000 — 4 councillors;
(b) otherwise — 8 councillors.
(4) For the purposes of subsection (1)(b)(ii), the maximum number of councillors is as follows —
(a) if the district’s population is not more than 5 000 — 6 councillors;
(b) if the district’s population is more than 5 000 but not more than 75 000 — 8 councillors;
(c) otherwise — 14 councillors.
(5) This section is subject to section 2.18A(5).
(1) If the method of filling the office of mayor or president is election by the council, the council is to consist of a number of councillors that is —
(a) not less than the minimum number of councillors under subsection (4); but
(b) not more than the maximum number of councillors under subsection (5).
(2) One of the councillors is to hold the office of mayor or president in conjunction with their office as a councillor.
(3) Another of the councillors is to hold the office of deputy mayor or deputy president in conjunction with their office as a councillor.
(4) For the purposes of subsection (1)(a), the minimum number of councillors is as follows —
(a) if the district’s population is not more than 75 000 — 5 councillors;
(b) otherwise — 9 councillors.
(5) For the purposes of subsection (1)(b), the maximum number of councillors is as follows —
(a) if the district’s population is not more than 5 000 — 7 councillors;
(b) if the district’s population is more than 5 000 but not more than 75 000 — 9 councillors;
(c) otherwise — 15 councillors.
(6) This section is subject to section 2.18A(5).
(1) When a local government is newly established the Governor, by order made on the recommendation of the Minister, is to —
(a) specify the number of offices of councillor on the council of the local government; and
(b) if the district is to have a ward system, specify the numbers of offices of councillor for the wards.
(2) When an order is made under section 2.2 discontinuing a ward system for a district, the number of offices of councillor on the council remains unchanged unless the order specifies otherwise.
(3) The Governor, on the recommendation of the Minister, may make an order —
(a) changing the number of offices of councillor on a council; or
(b) specifying or changing the number of offices of councillor for a ward; or
(c) as to a combination of those matters.
(4) The Minister can only make a recommendation under subsection (1) or (3) if the Advisory Board has recommended under Schedule 2.2 that the order in question should be made.
(5) This section is subject to section 2.18A.
(1) The Governor may, on the recommendation of the Minister, by order (a
change order ) —(a) specify the number of offices of councillor that the council of a local government is to have; and
(b) if relevant — specify the number of offices of councillor that each ward in the district is to have.
(2) The Minister can make a recommendation under subsection (1) specifying a number of offices only for either of the following purposes —
(a) if there is, or will be, a change in the method of filling the office of mayor or president used by the local government —
(i) increasing the number of councillors by 1, if the change is from the election by the electors method to the election by the council method; or
(ii) decreasing the number of councillors by 1, if the change is from the election by the council method to the election by the electors method;
(b) if an order has been made under section 2.16B that applies, or will apply, to the district —
(i) increasing the number of councillors to ensure that that number is, or will be, not less than the minimum number that applies, or will apply, to the local government under section 2.17 or 2.17A in consequence of the order made under section 2.16B; or
(ii) decreasing the number of councillors to ensure that that number is, or will be, not more than the maximum number that applies, or will apply, to the local government under section 2.17 or 2.17A in consequence of the order made under section 2.16B.
(3) A change order must provide for the increase or decrease in the number of councillors to have effect —
(a) on and from an ordinary election day for the local government; or
(b) subject to subsection (6), on and from an election day for the local government that is not an ordinary election day.
(4) However, if the increase or decrease in the number of councillors is more than 1, a change order may provide —
(a) for part of the increase or decrease to have effect —
(i) on and from an ordinary election day for the local government; or
(ii) subject to subsection (6), on and from an election day for the local government that is not an ordinary election day;
and
(b) for the remaining part of the increase or decrease to have effect —
(i) on and from the first ordinary election day for the local government that falls after the day on which the part increase or decrease under paragraph (a) takes effect; or
(ii) subject to subsection (6), on and from an election day for the local government that is not an ordinary election day and that falls after the day on which the part increase or decrease under paragraph (a) takes effect.
(5) A part increase or decrease under subsection (4)(a) has effect despite section 2.17 or 2.17A.
(6) Provision can be made under subsection (3)(b) or (4)(a)(ii) or (b)(ii) only if the Minister is satisfied that the provision is appropriate because of particular circumstances.
Examples for this subsection:
1. The offices of members of the council have been declared vacant under section 2.37 and the next election for the local government will be an election under section 4.13.
2. The council has been dismissed under section 8.25(1) and the next election for the local government will be an election under section 4.14.
(7) If the district is divided into wards, a change order may abolish all of the wards on the day on which the increase or decrease, or a part of the increase or decrease, in the number of councillors takes effect.
(8) If the increase or decrease, or a part of the increase or decrease, in the number of councillors takes effect on an ordinary election day for the local government, a change order may provide for this Act to apply as if the Table to section 2.28 provided for the terms of all councillors, or of all councillors for a ward, to end on the ordinary election day.
(9) If provision is made under subsection (8), the ordinary elections are to be held accordingly for the purpose of filling all offices of councillor or of councillor for the ward (as the number of those offices is increased or decreased on the ordinary election day).
(10) The making of a change order does not prevent any order being subsequently made under this Part that applies to the local government or district.
(11) The
Interpretation Act 1984 section 42 applies to a change order as if the change order were regulations made under this Act.
(1) A person is qualified to be elected as a member of a council if the person —
(a) is of or over the age of 18 years; and
(b) is an elector of the district; and
[(c) deleted] (d) is not disqualified for membership of the council under section 2.20, 2.21, 2.22, 2.23 or 2.24; and
(e) is not disqualified by an order under section 5.113, 5.117 or 5.119 from holding office as a member of a council.
(2) A person is not qualified under subsection (1)(b) if, but for being a nominee of a body corporate under section 4.31(1G), the person would not be eligible for enrolment under section 4.30(1)(a) and (b).
(2A) Regulations may provide that an occupier is not qualified under subsection (1)(b) unless prescribed requirements are met.
(2B) In subsection (2A) —
(a) who is eligible to be enrolled under section 4.30(1); and
(b) whose eligibility claim referred to in section 4.30(1)(c) is based on occupation of rateable property.
(2C) The requirements that may be prescribed for the purposes of subsection (2A) include (without limitation) the following —
(a) requirements relating to whether any person is enrolled, or is regarded under section 4.29(2) as being enrolled, as an elector for the Legislative Assembly in respect of a residence that is the rateable property;
(b) other requirements relating to the current, past or future ownership, occupation or use of the rateable property.
(2D) In subsections (2B) and (2C), references to rateable property include a portion of rateable property as described in section 4.31(1D)(a) or (b).
(3) A person who is qualified under subsection (1) can be elected as a councillor for a ward whether or not the person is an elector of that ward.
(1) A person is disqualified for membership of a council if the person is a member of a parliament.
(2) In this section —
(a) a member of the Legislative Assembly; or
(b) a member of the Legislative Council, including a person who has been elected as a member of that House but is not yet entitled to sit or vote in that House because of section 8(2) of the
Constitution Acts Amendment Act 1899 ; or(c) a member of the House of Representatives; or
(d) a senator, including a person who has been elected as a senator but whose term of service as a senator has not yet begun.
A person is disqualified for membership of a council if the person is, according to the
(1) A person is disqualified for membership of a council if the person —
(a) has been convicted of a crime and is in prison serving a sentence for that crime; or
(b) has been convicted in the preceding 5 years of a serious local government offence; or
(c) has been convicted of an offence for which the indictable penalty was or included —
(i) imprisonment for life; or
(ii) imprisonment for more than 5 years.
(2) A court that has sentenced a person for a serious local government offence may make an order —
(a) waiving the application of subsection (1)(b); or
(b) reducing the period of 5 years mentioned in subsection (1)(b),
and the court’s order has effect in accordance with its terms.
(3) In this section —
(a) could be sentenced to imprisonment; or
(b) could be sentenced to pay a fine of or exceeding $10 000.
A person is disqualified for membership of a council if the person is a member of another council.
A person is disqualified for membership of a council if section 8.43(1), or an order under section 8.43(3), applies to the person.
(1) A council may, by resolution, grant leave of absence, to a member.
(2) Leave is not to be granted to a member in respect of more than 6 consecutive ordinary meetings of the council without the approval of the Minister, unless all of the meetings are within a period of 3 months.
(3A) Leave is not to be granted in respect of —
(a) a meeting that has concluded; or
(b) the part of a meeting before the granting of leave.
(3) The granting of the leave, or refusal to grant the leave and reasons for that refusal, is to be recorded in the minutes of the meeting.
(4) A member who is absent, without obtaining leave of the council, throughout 3 consecutive ordinary meetings of the council is disqualified from continuing their membership of the council, unless all of the meetings are within a 2 month period.
(5A) If a council holds 3 or more ordinary meetings within a 2 month period, and a member is absent without leave throughout each of those meetings, the member is disqualified if the member is absent without leave throughout the ordinary meeting of the council immediately following the end of that period.
(5) The non‑attendance of a member at the time and place appointed for an ordinary meeting of the council does not constitute absence from an ordinary meeting of the council —
(a) if no meeting of the council at which a quorum is present is actually held on that day; or
(b) if the non‑attendance occurs —
(i) while the member has ceased to act as a member after written notice has been given to the member under section 2.27(3) and before written notice has been given to the member under section 2.27(5); or
(ii) while proceedings in connection with the disqualification of the member have been commenced and are pending; or
(iiia) while the member is suspended under section 5.117(1)(a)(iv) or Part 8; or
(iii) while the election of the member is disputed and proceedings relating to the disputed election have been commenced and are pending;
or
(c) if the non‑attendance occurs during a period for which the member is entitled to parental leave under subsection (5B).
(5B) For the purposes of subsection (5)(c), a member is entitled to parental leave for the period of 6 months beginning on the day on which the member or the member’s spouse or de facto partner —
(a) gives birth; or
(b) either alone or with another person and whether in the State or elsewhere — adopts, or becomes the guardian or foster parent of, a person who is under 16 years of age.
(6) A member who before the commencement of the
Local Government Amendment Act 2009 section 5 was granted leave during an ordinary meeting of the council from which the member was absent is to be taken to have first obtained leave for the remainder of that meeting.
If a person who is employed by a local government is declared to be elected as a member of the local government’s council then, by operation of this section, the person’s employment with the local government ends when the person begins the person’s term of office as a member.
(1) In this section —
(a) not qualified under section 2.19(1)(b) to be elected as a member of the council; or
(b) disqualified for membership of the council under section 2.20, 2.21, 2.22, 2.23 or 2.24; or
(c) disqualified from continuing membership of the council under section 2.25.
(2) A member who considers that the member is disqualified is to advise the CEO in writing without delay.
(3) If the CEO has reason (other than through receiving a notice under subsection (2)) to believe that a member of a council is disqualified the CEO is to give the member a written notice without delay indicating the reasons why the CEO believes the member to be disqualified.
(4) The CEO’s notice under subsection (3) has to inform the member —
(a) that if the member believes that the member is not disqualified, the member may advise the CEO in writing within 14 days from the date of the service of the notice; and
(b) that if the member accepts that the member is disqualified in accordance with the terms of the notice, the member is to advise the CEO in writing.
(5) If, within 28 days from the date of service of the CEO’s notice under subsection (3), the member satisfies the CEO that the member is not disqualified, the CEO is to give the member a written notice to that effect.
(6) Unless, within 28 days from the date of service of the CEO’s notice under subsection (3), the member —
(a) satisfies the CEO that the member is not disqualified; or
(b) applies to the State Administrative Tribunal asking for a declaration as to whether or not the member is disqualified and gives a copy of the application to the CEO,
the member is taken to have been disqualified for the reasons indicated in the CEO’s notice.
(7A) If subsection (6) applies to a member the CEO is to give the member a written notice to that effect.
(7) The CEO or any other person may, at any time, apply to the State Administrative Tribunal for a declaration as to whether or not a member of a council is disqualified.
[(8) deleted] (9) A person who acts as a member of a council while disqualified commits an offence.
Penalty for this subsection: imprisonment for 12 months and a fine of $12 000.
(10) This section as in force immediately before the commencement of the
Local Government Amendment Act 2009 section 6 applies to and in respect of a notice given under section 2.27(3) before that commencement.
(1) The days on which the term of a person holding an office on a council begins and ends depend on the nature of the office and the circumstances in which the person is elected to hold the office.
(2) The days are to be determined in accordance with the Table to this section.
1. | Elector mayor or president | Elected at an inaugural election, or a section 4.11, 4.12, 4.13 or 4.14 election, in an election year | On the day after — (a) the day on which the poll is held; or (b) if no poll is held, the day on which a poll would have been held | On the third Saturday in October in the fourth year after the year in which the term began (but note sections 2.14 and 2.30) |
2. | Elector mayor or president | Elected at an inaugural election, or a section 4.11, 4.12, 4.13 or 4.14 election, in a year other than an election year | On the day after — (a) the day on which the poll is held; or (b) if no poll is held, the day on which a poll would have been held | On the third Saturday in October in the third year after the year in which the term began (but note sections 2.14 and 2.30) |
3. | Councillor | Elected at an inaugural election or any other election not dealt with in item 4, 4A, 5, 6, 8 or 9 | On the day after — (a) the day on which the poll is held; or (b) if no poll is held, the day on which a poll would have been held | On the day determined by the returning officer under section 4.78 (but note section 2.30) |
4. | Elector mayor or president OR councillor | Elected at an ordinary election not dealt with in item 4A | On the day after the ordinary elections day | On the third Saturday in October in the fourth year after the year in which the term began (but note sections 2.14 and 2.30) |
4A. | Councillor | Elected at an ordinary election which was an election for all offices of councillor, or for all offices of councillor for a ward, in a case where provision made by a change order under section 2.18A(8) applied | On the day after the ordinary elections day | On the day determined by the returning officer under section 4.78 (but note section 2.30) |
5. | Elector mayor or president OR councillor | Elected at an extraordinary election not dealt with in item 6, 7 or 8 | On the day after — (a) the day on which the poll is held; or (b) if no poll is held, the day of nomination | On the day on which the term of office of the person whose office has become vacant would have ended if the vacancy had not occurred |
6. | Elector mayor or president OR councillor | Elected at an extraordinary election to fill a vacancy arising by resignation including an election required under section 4.57 or 4.58 in respect of such an extraordinary election | On the day after — (a) the day on which the poll is held; or (b) if no poll is held, the nomination day, unless the office has not then become vacant in which case the term begins when the office becomes vacant | On the day on which the term of office of the person whose office has or will become vacant would have ended if the vacancy had not occurred |
7. | Elector mayor or president | Elected at an extraordinary election required under section 4.57 or 4.58 in respect of an ordinary election | On the day after — (a) the day on which the poll is held; or (b) if no poll is held, the day of nomination | On the third Saturday in October in the fourth year after the year in which the term began (but note sections 2.14 and 2.30) |
8. | Councillor | Elected at an extraordinary election required under section 4.57 or 4.58 in respect of an ordinary election | On the day after — (a) the day on which the poll is held; or (b) if no poll is held, the day of nomination | On the day determined by the returning officer under section 4.78 (but note section 2.30) |
9. | Elector mayor or president OR councillor | Elected at a section 4.15 election | On the day after — (a) the day on which the poll is held; or (b) if no poll is held, the day of nomination | On the day ascertained as if the election were the election that has been declared invalid |
10. | Elector mayor president OR councillor | Appointed under section 4.57(3) | On the day on which — (a) the person is appointed; or (b) the person’s term would have begun if the person had been elected under section 4.57(1), whichever is later | On the day on which the term would have ended if the person had been elected under section 4.57(1) (but see Schedule 4.2, clause 9) |
11. | Councillor mayor or president | Elected at any election | When the person is elected | When the mayor or president is next elected at or after the local government’s next ordinary elections |
12. | Deputy mayor or deputy president | Elected at any election | When the person is elected | At the start of the first meeting of the council after the local government’s next ordinary elections |
13. | Elector mayor or president OR councillor | Elected under Schedule 4.1A | On the day on which the person is elected | On the day on which the former member’s term of office would have ended had the office not become vacant |
14. | Councillor | Elected under Schedule 4.1B | On the day after the day on which the poll for the concurrent election is held | On the day on which the former member’s term of office would have ended had the office not become vacant |
(1) A person elected as an elector mayor or president or as a councillor has to make a declaration in the prescribed form before acting in the office.
(2) A person elected by the council as mayor, president, deputy mayor or deputy president has to make a declaration in the prescribed form before acting in the office.
(3) A declaration required by this section is to be taken or made before a prescribed person.
(4) A person who acts in an office contrary to this section commits an offence.
Penalty for this subsection: imprisonment for 12 months and a fine of $12 000.
Where an ordinary election is deferred or adjourned under this Act until after the third Saturday in October in any year, a member of a council whose term of office expires on that day can continue to act in the office until the substituted election day.
(1) An elector mayor or president may resign from the office of mayor or president.
(2) A councillor may —
(a) resign from the office of councillor;
(b) resign from the office of councillor mayor or president, deputy mayor or deputy president.
(3) Written notice of resignation is to be signed and dated by the person who is resigning and delivered to the CEO.
(4) The resignation takes effect from the date of delivery of the notice or from a later day specified in the notice.
(1) The office of a member of a council as an elector mayor or president or as a councillor becomes vacant if the member —
(a) dies; or
(b) resigns from the office; or
(c) does not make the declaration required by section 2.29(1) within 2 months after being declared elected to the office; or
(d) advises or accepts under section 2.27 that the member is disqualified, or is declared to be disqualified by the State Administrative Tribunal acting on an application under section 2.27; or
(da) is disqualified by an order under section 5.113, 5.117 or 5.119 from holding office as a member of a council; or
(db) is dismissed under section 8.15L or 8.25(2); or
(e) becomes the holder of any office or position in the employment of the local government; or
(f) while holding an office of councillor, is elected to the office of elector mayor or president on the council.
(2) The CEO must notify the Departmental CEO if an office becomes vacant under this section.
(1) The office of a member of a council as a councillor mayor or president, deputy mayor or deputy president becomes vacant if the member —
(a) ceases to be a councillor under section 2.32; or
(b) resigns from the office; or
(c) does not make the declaration required by section 2.29(2) within 2 months after being elected to the office; or
(d) being the deputy mayor or deputy president, is elected by the council as mayor or president of the council.
(2) A person who holds an office referred to in subsection (1) immediately before an ordinary elections day continues to hold that office after that day (whether or not the person ceases to be a councillor on that day) until the person’s term of office ends under item 11 or 12 of the Table to section 2.28.
(3) The CEO must notify the Departmental CEO if an office becomes vacant under this section.
Directions given by order under section 9.62 to give effect to an order under one or more of sections 2.1, 2.2 and 2.18 may direct which offices of members (if any) of a council are to become vacant, and when those offices become vacant.
(1) If a council is dismissed under section 8.25(1)the offices of the members become vacant from the time when the order dismissing the council takes effect.
(2) If a council member is dismissed under section 8.15L or 8.25(2) the office of the member becomes vacant from the time when the order dismissing the member takes effect.
(1) If an order abolishing a district is made so as to take effect on a day other than the day on which that order is published in the
Gazette , the Governor may, by order, declare all the offices of members of the council to be vacant.(2) A declaration under this section —
(a) has no effect if it is made more than 2 years before the date on which the district is to be abolished; and
(b) takes effect from the time specified in it.
(3) When a declaration has been made under this section the Governor may, by order, appoint a person as commissioner of the local government until the district is abolished.
(1) If more than ½ of the offices of members of a council are vacant for any reason, the Governor may, by order, declare all the remaining offices of members to be vacant.
(2) If the Minister receives notification under section 5.3(3) about the failure of a council to hold a meeting, the Governor may, by order, declare all the offices of members of the council to be vacant.
(3) A declaration under this section takes effect from the time specified in the declaration.
(4) When a declaration has been made under this section the Governor may, by order, appoint a person to be the commissioner of the local government until the offices of members of the council are filled again and the new council holds its first meeting.
(5) An order under subsection (4) is to fix a day for any poll needed for the election of members to fill the vacant offices again.
(6) The day fixed is to be a day that is as soon as practicable after the declaration takes effect and allows enough time for the electoral requirements to be complied with, but is not to be later than 2 years after the day on which the declaration takes effect.
(1) If all the offices of members of a council have become vacant, or are going to become vacant, for any reason other than an order under section 2.36A(1), 2.37(1) or (2) or 8.25(1), the Governor may, by order, appoint a person to be the commissioner of the local government until the offices of members of the council are filled again and the new council holds its first meeting.
(2) An order under subsection (1) is to fix a day for any poll needed for the election of members to fill the vacant offices again.
(3) The day fixed is to be a day that is as soon as practicable after the appointment takes effect and allows enough time for the electoral requirements to be complied with, but is not to be later than 2 years after the day on which the appointment takes effect.
(1) The function of a commissioner of a local government is to exercise the powers and discharge the duties of the council of the local government and its mayor or president.
• (2) A commissioner is to be regarded as being the council.
(3) Unless section 2.43 applies, or the contrary intention appears, a reference in this Act or another written law to a local government, a council or a member of a council includes reference to a commissioner.
(1) A commissioner of a local government can be appointed by the Governor under the power given by section 2.6(4), 2.36A(3), 2.37(4), 2.37A(1), 8.30 or 8.33 and not otherwise.
(2) Subsection (1) does not prevent the appointment of a person under Schedule 2.4 clause 4 to fill a vacancy in the office of commissioner.
(1) A power to appoint a commissioner includes power to appoint 3 or 5 commissioners to administer the local government and to appoint one of them to be the chairperson and another to be the deputy chairperson.
(2) If 3 or 5 commissioners are appointed —
(a) they are to exercise the powers and discharge the duties of the council of the local government jointly; and
(b) the chairperson is to exercise the powers and discharge the duties of the mayor or president; and
(c) the deputy chairperson is to exercise the powers and discharge the duties of the deputy mayor or deputy president.
2.41. Appointment, tenure, meetings etc.
Schedule 2.4 (which contains provisions about commissioners) has effect.
(1) A person cannot act in the office of commissioner until the person has made a declaration in the prescribed form.
(2) A person who acts in an office contrary to this section commits an offence.
Penalty for this subsection: imprisonment for 12 months and a fine of $12 000.
(1) Division 5 does not apply to a commissioner except to the extent required by Schedule 2.4, clauses 1 and 3(c).
(2) Division 6 does not apply to a commissioner.
(3) Part 5, Division 6 does not apply to an interest that a commissioner has in a question relating to a payment or reimbursement under Schedule 2.4, clause 5.
(1) There is established a body to be known as the Local Government Advisory Board.
(2) Schedule 2.5 (which contains provisions about the Local Government Advisory Board) has effect.
(1) The functions of the Advisory Board include —
(a) considering and, if required by this Act, inquiring into any proposal made to it under this Act that an order be made to do any or all of the matters in section 2.1, 2.2, 2.3, 2.18(1) or 2.18(3); and
(b) making recommendations to the Minister on those proposals; and
(c) carrying out any other inquiries the Minister may direct; and
(d) considering whether as a consequence of any recommendation the Board proposes to make to the Minister, the making of an order to do any or any other of the matters in section 2.1, 2.2, 2.3, 2.18(1) or 2.18(3) in respect of a relevant district is or may be necessary.
(2) In subsection (1)(d) —
(3) If the Advisory Board considers that the making of an order referred to in subsection (1)(d) is or may be necessary, the Board is to consider or inquire into the making of any such order as if it had received a proposal that such an order be made.
(a) Division 1 describes the general function of a local government and contains some other general provisions; (b) Divisions 2 and 3 deal with legislative and executive functions respectively; (c) Division 4 allows functions to be performed by regional local governments; (d) Division 5 restricts what a local government may do during a caretaker period.
(1) The general function of a local government is to provide for the good government of persons in its district.
(1A) Without limiting subsection (1), the general function of a local government must be performed having regard to the following —
(a) the need —
(i) to promote the economic, social and environmental sustainability of the district; and
(ii) to plan for, and to plan for mitigating, risks associated with climate change; and
(iii) in making decisions, to consider potential long‑term consequences and impacts on future generations;
(b) the need —
(i) to recognise the particular interests of Aboriginal people; and
(ii) to involve Aboriginal people in decision‑making processes;
(c) the need to consider collaboration with other local governments.
(2) The scope of the general function of a local government is to be construed in the context of its other functions under this Act or any other written law and any constraints imposed by this Act or any other written law on the performance of its functions.
(3) A liberal approach is to be taken to the construction of the scope of the general function of a local government.
The scope of the general function of a local government in relation to its district is not limited by reason only that the Government of the State performs or may perform functions of a like nature.
Nothing that this Act authorises a local government or anyone else to do prevents the Crown or a person acting on its behalf from doing anything relating to or affecting land alienated from the Crown that could have been done if this Act had not been enacted.
The general function of a local government includes legislative and executive functions.
(1) A local government may make local laws under this Act prescribing all matters that are required or permitted to be prescribed by a local law, or are necessary or convenient to be so prescribed, for it to perform any of its functions under this Act.
(2) A local law made under this Act does not apply outside the local government’s district unless it is made to apply outside the district under section 3.6.
(3) The power conferred on a local government by subsection (1) is in addition to any power to make local laws conferred on it by any other Act.
(4A) Nothing in the
Building Act 2011 prevents a local government from making local laws under this Act about building work, demolition work, a standard for the construction or demolition of buildings or incidental structures, or the use and maintenance of, and requirements in relation to, existing buildings or incidental structures, as those terms are defined in section 3 of that Act.(4B) Nothing in the
Health (Miscellaneous Provisions) Act 1911 or thePublic Health Act 2016 prevents a local government from making local laws under this Act about matters relating to public health (as defined in thePublic Health Act 2016 section 4(1)).(4) Regulations may set out —
(a) matters about which, or purposes for which, local laws are not to be made; or
(b) kinds of local laws that are not to be made,
and a local government cannot make a local law about such a matter, or for such a purpose or of such a kind.
(5) Regulations may set out such transitional arrangements as are necessary or convenient to deal with a local law ceasing to have effect because the power to make it has been removed by regulations under subsection (4).
(1) If the Governor’s approval has been first obtained, a local government may make a local law under this Act that applies outside its district.
(2) A local government cannot, under subsection (1), make a local law that applies to —
(a) a part of the State that is in the district of another local government; or
(b) a part of the State to which a local law made by another local government concerning the same subject matter applies under this section.
(3) The Governor may revoke any approval given under subsection (1) and, after that revocation, a local law made under the approval ceases to apply to the part of the State for which the approval was given.
(4) The Minister is to cause notice of any revocation under subsection (3) to be published in the
Gazette.
A local law made under this Act is inoperative to the extent that it is inconsistent with this Act or any other written law.
(1) A local law made under this Act may adopt the text of —
(a) any model local law, or amendment to it, published under section 3.9; or
(b) a local law of any other local government; or
(c) any code, rules, specifications, or standard issued by Standards Australia or by such other body as is specified in the local law.
(2) The text may be adopted —
(a) wholly or in part; or
(b) as modified by the local law; or
(c) as it exists at a particular date or, except if the text of a model local law is being adopted, as amended from time to time.
(3) The adoption may be direct, by reference made in the local law, or indirect, by reference made in any text that is itself directly or indirectly adopted.
(1) The Governor may cause to be prepared and published in the
Gazette model local laws the provisions of which a local law made under this Act may adopt by reference, with or without modifications.(2) Model local laws have no effect except to the extent that they are adopted.
(3) The Governor may, by notice published in the
Gazette , amend a model local law published under this section.(4) An amendment of a model local law does not affect any local law that adopted the model local law before the amendment but the amendment may be adopted by a further local law.
(1) A local law made under this Act may provide that contravention of a provision of the local law is an offence, and may provide for the offence to be punishable on conviction by a penalty not exceeding a fine of $10 000.
(2) If the offence is of a continuing nature, the local law may make the person liable to a further penalty not exceeding a fine of $500 in respect of each day or part of a day during which the offence has continued.
(3) The local law may provide for the imposition of a minimum penalty for the offence.
(4) The level of the penalty may be related to —
(a) the circumstances or extent of the offence;
(b) whether the offender has committed previous offences and, if so, the number of previous offences that the offender has committed.
[(5) deleted] (6) A local law made under this Act may specify the method and the means by which any fines imposed are to be paid and collected, or recovered.
This Subdivision applies to local laws made under this Act and the procedure for making them and, unless a contrary intention appears in that other Act, to local laws made under any other Act, and the procedure for making them.
(1) In making a local law a local government is to follow the procedure described in this section, in the sequence in which it is described.
(2A) Despite subsection (1), a failure to follow the procedure described in this section does not invalidate a local law if there has been substantial compliance with the procedure.
(2) At a council meeting the person presiding is to give notice to the meeting of the purpose and effect of the proposed local law in the prescribed manner.
(3) Subject to subsection (3A), the local government is to —
(a) give local public notice stating that —
(i) the local government proposes to make a local law the purpose and effect of which is summarised in the notice; and
(ii) a copy of the proposed local law may be inspected or obtained at any place specified in the notice; and
(iii) submissions about the proposed local law may be made to the local government before a day to be specified in the notice, being a day that is not less than 6 weeks after the notice is given;
and
(b) as soon as the notice is given, give a copy of the proposed local law and a copy of the notice to —
(i) the Departmental CEO; and
(ii) if a department of the Public Service other than the Department assists in the administration of an Act under which the local law is proposed to be made — the chief executive officer of that other department;
and
(c) provide a copy of the proposed local law, in accordance with the notice, to any person requesting it.
(3A) The local government may, at the council meeting referred to in subsection (2), determine to proceed under subsection (3C) instead of subsection (3) if all the proposed local law would do is adopt, wholly and without modification —
(a) a model local law; or
(b) a model local law except certain provisions that the local government determines, at the council meeting referred to in subsection (2), are not relevant to the local government and the district.
(3B) In subsection (3A)(a) and (b), references to a model local law include an amendment of a model local law.
(3C) If the local government determines to proceed under this subsection, the local government must —
(a) publish a notice on the local government’s official website stating that —
(i) the local government proposes to make a local law the purpose and effect of which is summarised in the notice; and
(ii) a copy of the proposed local law may be inspected or obtained at any place specified in the notice; and
(iii) submissions about the proposed local law may be made to the local government before a day to be specified in the notice, being a day that is not less than 3 weeks after the notice is published;
and
(b) as soon as the notice is published, give a copy of the notice to —
(i) the Departmental CEO; and
(ii) if a department of the Public Service other than the Department assists in the administration of an Act under which the local law is proposed to be made — the chief executive officer of that other department;
and
(c) provide a copy of the proposed local law, in accordance with the notice, to any person requesting it.
(4) After the last day for submissions under subsection (3) or (3C) (as the case requires), the local government is to consider any submissions made and may make the local law* as proposed or make a local law* that is not significantly different from what was proposed.
(5) After making a local law, the local government must —
(a) publish the local law in the
Gazette ; and(b) give a copy of the local law to —
(i) the Departmental CEO; and
(ii) if a department of the Public Service other than the Department assists in the administration of an Act under which the local law is made — the chief executive officer of that other department.
(6) After the local law has been published in the
Gazette the local government is to give notice in the required way —(a) stating the title of the local law; and
(b) summarising the purpose and effect of the local law (specifying the day on which it comes into operation); and
(c) advising that the local law is published on the local government’s official website and that copies of the local law may be inspected at or obtained from the local government’s office.
(6A) For the purposes of subsection (6), the
required way for giving a notice is as follows —(a) if the local government proceeded under subsection (3) — by local public notice;
(b) if the local government proceeded under subsection (3C) — by notice published on the local government’s official website.
(7) The Minister may give directions to local governments requiring them to provide to the Parliament copies of local laws they have made and any explanatory or other material relating to them.
(8) In this section —
If during the procedure for making a proposed local law the local government decides to make a local law that would be significantly different from what it first proposed, the local government is to recommence the procedure.
(1) Unless it is made under section 3.17, a local law comes into operation on the 14
th day after the day on which it is published in theGazette or on such later day as may be specified in the local law.(2) A local law made under section 3.17 comes into operation on the day on which it is published in the
Gazette or on such later day as may be specified in the local law.
A local government is to take reasonable steps to ensure that the inhabitants of the district are informed of the purpose and effect of all of its local laws.
(1) Within a period of 15 years after the day on which a local law commenced or a determination in respect of the local law was last made under subsection (4), as the case requires, a local government must carry out a review of the local law to determine whether it considers that the local law should be repealed, be amended or remain unchanged.
(2) The local government is to give local public notice stating that —
(a) the local government proposes to review the local law; and
(b) a copy of the local law may be inspected or obtained at any place specified in the notice; and
(c) submissions about the local law may be made to the local government before a day to be specified in the notice, being a day that is not less than 6 weeks after the notice is given.
[(2a) deleted] (3) After the last day for submissions, the local government is to consider any submissions made and cause a report of the review to be prepared and submitted to its council.
(4) After the report has been submitted to its council, the local government must determine* whether it considers that the local law should be repealed, be amended or remain unchanged.
(5) If no determination is made under subsection (4) within the applicable 15‑year period under subsection (1), the local law is repealed at the end of that period.
(6) If a local law is repealed by subsection (5), the local government must, not later than 14 days after the end of the applicable 15‑year period —
(a) give notice of the repeal to —
(i) the Departmental CEO; and
(ii) if a department of the Public Service other than the Department assists in the administration of an Act under which the local law was made — the chief executive officer of that other department;
and
(b) publish notice of the repeal in the
Gazette ; and(c) give local public notice of the repeal.
(7) If different provisions of a local law commenced on different days, the local law is taken, for the purposes of this section, to have commenced on the earliest of those days.
(8) This section does not apply to a local law if all it does is amend the text of, or repeal, a local law.
(1) The Governor may make local laws to amend the text of, or repeal, a local law.
(2) Subsection (1) does not include the power to amend a local law to include in it any provision that bears no reasonable relationship to the local law as in force before the amendment.
(3) The Minister is to give a local government notice in writing of any local law that the Governor makes to amend the text of, or repeal, any of the local government’s local laws.
(4) Section 5.94 applies as if a local law made under this section by the Governor were a local law made by the local government in accordance with section 3.12.
(5) The reference in the
Interpretation Act 1984 section 42(8)(b) to local laws includes local laws made under this section by the Governor.
(1) A local government is to administer its local laws and may do all other things that are necessary or convenient to be done for, or in connection with, performing its functions under this Act.
(2) In performing its executive functions, a local government may provide services and facilities.
(3) A local government is to satisfy itself that services and facilities that it provides —
(a) integrate and coordinate, so far as practicable, with any provided by the Commonwealth, the State or any public body; and
(b) do not duplicate, to an extent that the local government considers inappropriate, services or facilities provided by the Commonwealth, the State or any other body or person, whether public or private; and
(c) are managed efficiently and effectively.
3.19. Places to be regarded as within district (1) For the purposes of the performance by a local government of any of its executive functions, its district is to be regarded as including —
(a) any part of another district in relation to which it has been given approval by the local government of that district to perform that function; and
(b) any part of the State in relation to which it has been given approval by the Governor to perform that function.
(2) Approval cannot be given under subsection (1)(b) in relation to a part of the State that is in a district.
(3) The Governor may revoke any approval given under subsection (1)(b).
(4) If the Governor has, under section 3.6, given approval for a local government to make a local law that has effect as if the local government’s district included a part of the State that is not in a district, that approval is to be taken to include approval under this section to the extent necessary for the proper administration of that local law.
(1) Things done by a local government in performing its executive functions may be done outside its own district but before it can do anything on land outside its own district that is not local government property of that local government it is required to have obtained the consent of —
(a) the owner of the land; and
(b) if the land is occupied, the occupier of the land; and
(c) if the land is under the control or management of any other person, that other person.
(2) This section does not apply to anything that a local government does in the district of another local government if it is done on behalf of the local government of that district.
(1) In performing its executive functions, a local government, so far as is reasonable and practicable, is to —
(a) ensure that —
(i) the lawful use of any land, thoroughfare or premises is not obstructed, and any reasonable request that a person makes to avoid such obstruction is met; and
(ii) as little harm or inconvenience is caused and as little damage is done as is possible; and
(iii) danger to any person or property does not arise from anything done on land; and
(iv) anything belonging to it, or to a person who has exercised a power of entry on its behalf, that has been left on any land, premises or thing entered is removed as soon as practicable unless this Act expressly allows it to be left there;
and
(b) ensure that —
(i) buildings, fences, and other structures are not disturbed nor damaged; and
(ii) when it enters land that is fenced, it enters through the existing and usual openings in the fence unless it is expressly authorised to open the fence; and
(iii) any physical damage done to any land, premises or thing, is immediately made good unless compensation has been or is to be paid.
(2) Subsection (1)(b) does not apply to any land, premises or thing that is local government property.
(1) If a person who is —
(a) the owner or occupier of land granted in fee simple; or
(b) the occupier of land held under lease or on conditional terms of purchase from the Crown, except for pastoral or timber purposes,
sustains damage through the performance by a local government of its functions under this Act, the local government is to compensate the person if the person requests compensation unless it is otherwise expressly stated in subsection (5) or in Schedule 3.1 or Schedule 3.2.
(2) Despite subsection (1), regulations amending Schedule 3.1 or Schedule 3.2 may exclude or limit the obligation of a local government to pay compensation for a particular matter.
(3) The assessment of damage for which compensation is to be paid is to include the value of any material taken under Subdivision 2.
(4) A dispute about the amount of compensation is to be determined by arbitration in accordance with section 3.23.
(5) Compensation is not payable for damage sustained through a local government —
(a) draining water onto land to the extent that the water follows a natural watercourse; or
(b) closing or restricting the use of a thoroughfare under section 3.50 or a power given by any other written law; or
(c) performing functions under section 3.51(2)(b); or
(d) performing any other prescribed function.
(6) This section does not limit section 9.57.
(7) Regulations may —
(a) prescribe the time within which compensation may be claimed and procedures for making claims;
(b) make provision as to how compensation for damage is to be assessed.
If a matter is to be determined by arbitration in accordance with this section —
(a) if the parties have not signed or otherwise assented to an agreement to refer the matter to arbitration, the matter is nevertheless to be regarded as having been referred for arbitration under the
Commercial Arbitration Act 2012 ; and(b) the
Commercial Arbitration Act 2012 applies in respect of the reference and the arbitration; and(c) the determination is to be made by 2 arbitrators, one to be appointed by each party, but this paragraph does not exclude the provisions of the
Commercial Arbitration Act 2012 that apply if a party defaults in the exercise of a power of appointment.
ThepowersgiventoalocalgovernmentbythisSubdivisioncanonlybeexercisedonbehalfofthelocalgovernmentbyapersonexpresslyauthorisedbyittoexercisethosepowers.
(1) A local government may give a person who is the owner or, unless Schedule 3.1 indicates otherwise, the occupier of land a notice in writing relating to the land requiring the person to do anything specified in the notice that —
(a) is prescribed in Schedule 3.1, Division 1; or
(b) is for the purpose of remedying or mitigating the effects of any offence against a provision prescribed in Schedule 3.1, Division 2.
(2) Schedule 3.1 may be amended by regulations.
(3) If the notice is given to an occupier who is not the owner of the land, the owner is to be informed in writing that the notice was given.
(4) A person who is given a notice under subsection (1) is not prevented from complying with it because of the terms on which the land is held.
(5) A person who is given a notice under subsection (1) may apply to the State Administrative Tribunal for a review of the decision to give the notice.
(6) A person who fails to comply with a notice under subsection (1) commits an offence.
Penalty for this subsection:
(a) a fine of $10 000;
(b) a daily penalty of a fine of $500 for each day or part of a day during which the offence continues.
(1) This section applies when a notice is given under section 3.25(1).
(2) If the person who is given the notice (
notice recipient ) fails to comply with it, the local government may do anything that it considers necessary to achieve, so far as is practicable, the purpose for which the notice was given.(3) The local government may recover the cost of anything it does under subsection (2) as a debt due from the person who failed to comply with the notice.
(4) If a notice recipient —
(a) incurs expense in complying with any requirement of the notice; or
(b) fails to comply with such a requirement and, as a consequence, is fined or has to pay to a local government the cost it incurs in doing anything under subsection (2),
the notice recipient may apply to a court for an order under subsection (6).
(5) In subsection (4) —
(6) On an application under subsection (4) the court may order —
(a) if the notice recipient is the owner, the occupier; or
(b) if the notice recipient is the occupier, the owner,
to pay to the notice recipient so much of that expense, fine or cost as the court considers fair and reasonable in the circumstances.
(7) In determining what is fair and reasonable the court is to have regard to —
(a) the type of land involved; and
(b) the terms on which the occupier is occupying the land; and
(c) any other matter the court considers to be relevant.
(1) A local government may, in performing its general function, do any of the things prescribed in Schedule 3.2 even though the land on which it is done is not local government property and the local government does not have consent to do it.
(2A) In subsection (1) land includes Crown land the subject of a pastoral lease within the meaning of the
Land Administration Act 1997 section 3.(2) Schedule 3.2 may be amended by regulations.
(3) If Schedule 3.2 expressly states that this subsection applies, subsection (1) does not authorise anything to be done on land that is being used as the site or curtilage of a building or has been developed in any other way, or is cultivated.
(4A) For the purposes of subsection (3), planting pasture on land for grazing does not amount to cultivating the land.
(4) Nothing in subsection (3) prevents regulations amending Schedule 3.2 from stating that subsection (3) applies, or excluding its application, in relation to a particular matter.
The powers of entry conferred by this Subdivision may be used for performing any function that a local government has under this Act if entry is required for the performance of the function or in any other case in which entry is authorised by this Act other than by a local law.
The powers of entry upon land conferred by this Subdivision are in addition to and not in derogation of any power of entry conferred by any other law.
Entry under this Subdivision may be made with such assistants and equipment as are considered necessary for the purpose for which entry is required.
(1) Except in an emergency or if the entry is authorised by the warrant of a justice, entry by or on behalf of a local government on to any land, premises or thing is not lawful unless —
(a) the consent of the owner or occupier has been obtained; or
(b) notice has been given under section 3.32.
(2) If notice has been given under section 3.32, a person authorised by the local government to do so may lawfully enter the land, premises or thing without the consent of the owner or occupier unless the owner or occupier or a person authorised by the owner or occupier objects to the entry.
(3) The powers conferred on a local government under this section may be exercised instead of the powers conferred under the
Public Works Act 1902 and are not subject to any qualification or restriction by any provision of that Act.
(1) A notice of an intended entry is to be given to the owner or occupier of the land, premises or thing that is to be entered.
(2) The notice is to specify the purpose for which the entry is required and continues to have effect for so long as that requirement continues.
(3) The notice is to be given not less than 24 hours before the power of entry is exercised.
(4) Successive entries for the purpose specified in the notice are to be regarded as entries to which that notice relates.
(1) In the circumstances described in subsection (2), a justice may by warrant authorise a local government by its employees, together with such other persons as are named or described in the warrant, or a police officer, to enter any land, premises or thing using such force as is necessary.
(2) A warrant may be granted under subsection (1) where a justice is satisfied that the entry is reasonably required by a local government for the purpose of performing any of its functions, but —
(a) entry has been refused or is opposed or prevented; or
(b) entry cannot be obtained; or
(c) notice cannot be given under section 3.32 without unreasonable difficulty or without unreasonably delaying entry.
(3) A warrant granted under subsection (1) —
(a) is to be in the prescribed form; and
(b) is to specify the purpose for which the land, premises or thing may be entered; and
(c) continues to have effect until the purpose for which it was granted has been satisfied.
3.34. Entry in emergency (1) In an emergency a local government may lawfully enter any land, premises or thing immediately and without notice and perform any of its functions as it considers appropriate to deal with the emergency.
(2) For the purposes of this section, an emergency exists where the local government or its CEO is of the opinion that the circumstances are such that compliance with the requirements for obtaining entry other than under this section would be impractical or unreasonable because of, or because of the imminent risk of —
(a) injury or illness to any person; or
(b) a natural or other disaster or emergency; or
(c) such other occurrence as is prescribed for the purposes of this section.
(3) A local government may use reasonable force to exercise the power of entry given by subsection (1).
(4) A local government may exercise the power of entry given by subsection (1) at any time while the emergency exists and for so long subsequently as is reasonably required.
(5) Although notice of an intended entry under this section is not generally required, a local government is to give notice of an intended entry of land under this section to the owner or occupier of the land where it is practicable to do so.
A person who enters or who has entered any land, premises or thing on behalf of a local government is to give particulars of the power by virtue of which the local government claims a right of entry on being requested to do so.
(1) This section applies only if it is expressly stated in Schedule 3.2.
(2) Subsection (1) does not prevent regulations amending Schedule 3.2 from stating that this section applies, or excluding the application of this section, in relation to a particular matter.
(3) If this section applies and it is not practicable to enter land that is fenced through the existing and usual openings in the fence, the local government may, on giving 3 days’ notice in writing to the owner or occupier of the land that it intends to do so, open the fence.
(4) If it opens the fence the local government is to provide at the opening an effective gate or, if the owner of the land agrees, a device across the gap in the fence that enables motor traffic to pass through the gap and prevents the straying of livestock through the gap.
(5) If a gate is provided a person who, without the occupier’s consent, leaves the gate open when it is not in use commits an offence.
Penalty for this subsection: a fine of $5 000.
(6) If a gate is provided, when the local government no longer requires the opening, it is to immediately remove the gate and make good the fence unless the owner agrees to its retention.
(7) The owner and occupier may, in a particular case, relieve the local government of any obligation that it has under this section.
(1) Regulations may prescribe any contravention of a regulation or local law made under this Act to be a contravention that can lead to impounding.
(2) Regulations may exclude the application of particular provisions of this Subdivision.
In this Subdivision —
(a) a vehicle; or
(ab) an animal; or
(b) a stall or other structure temporarily placed on land,
involved in such a contravention;
(1) An employee authorised by a local government for the purpose may remove and impound any goods that are involved in a contravention that can lead to impounding.
(2) A person may use reasonable force to exercise the power given by subsection (1).
(1) Where under section 3.39 an employee may remove and impound any goods that are in or on a vehicle that is not itself to be impounded and, because of their size, nature or quantity or for any other reason, it is not convenient to unload and deal with them where they are, the employee may enter the vehicle for the purpose of removing it to a place where the goods may be conveniently unloaded and impounded.
(2) Where a vehicle is removed under subsection (1) the local government is to allow the alleged offender, as soon as practicable after the goods are unloaded from the vehicle, to resume control of the vehicle.
(3) If the person entitled to resume control of the vehicle is not present when the goods are unloaded or fails to resume control of the vehicle, the local government is to give notice to the person who is the holder of the requisite vehicle licence or permit under the
Road Traffic (Vehicles) Act 2012 in respect of the vehicle, advising that the vehicle may be collected from a place specified during such hours as are specified.
(1) An employee authorised by a local government for the purpose may remove and impound a vehicle that, in the opinion of the local government, is an abandoned vehicle wreck.
(2) If, within 7 days after a vehicle is removed under subsection (1), the owner of the vehicle is identified, the local government is to give notice to that person advising that the vehicle may be collected from a place specified during such hours as are specified in the notice.
(3) A notice is to include a short statement of the effect of subsection (4)(b) and the effect of the relevant provisions of sections 3.46 and 3.47.
(4) If —
(a) after 7 days from the removal of a vehicle under subsection (1), the owner of the vehicle has not been identified; or
(b) after 7 days from being given notice under subsection (2), the owner of the vehicle has not collected the vehicle,
the local government may declare that the vehicle is an abandoned vehicle wreck.
(5) In this section —
(a) that is not operational; and
(b) the owner of which has not been identified by the local government after using all reasonable avenues to do so; and
(c) that has a value that is less than the prescribed value calculated in the prescribed manner.
(1) When any perishable goods are being removed under section 3.39 the employee removing them is required to personally give the person from whose charge they are removed notice that the goods may be collected from a place specified during such hours as are specified.
(2) The giving of the notice does not prevent a prosecution from being instituted against the alleged offender.
(1) When any non‑perishable goods have been removed and impounded under section 3.39 the local government is required to either —
(a) institute a prosecution against the alleged offender; or
(b) give the alleged offender notice that the goods may be collected from a place specified during such hours as are specified.
(2) If after 7 days after the goods were removed, a local government has been unable to give the alleged offender a notice under subsection (1)(b) because it has been unable, after making reasonable efforts to do so, to find the alleged offender, the local government is to be taken to have given that notice.
When a court convicts an alleged offender the court may, in addition to imposing any other penalty, order that any non‑perishable goods removed and impounded under section 3.39 be confiscated.
Where non‑perishable goods have been removed and impounded under section 3.39 and a prosecution is instituted, if the alleged offender —
(a) is not convicted; or
(b) is convicted but the court does not order that the goods be confiscated,
the local government is required to give the alleged offender notice that the goods may be collected from a place specified during such hours as are specified.
A notice is to include a short statement of the effect of the relevant provisions of sections 3.46, 3.47 and 3.48.
(1) A local government may refuse to allow goods impounded under section 3.39 or 3.40A to be collected until the costs of removing, impounding and keeping them have been paid to the local government.
(2) A local government may refuse to allow goods removed under section 3.40 or 3.40A to be collected until the costs of removing and keeping them have been paid to the local government.
(1) The local government may sell or otherwise dispose of any goods that have been ordered to be confiscated under section 3.43.
(2) The local government may sell or otherwise dispose of any vehicle that has not been collected within —
(a) 2 months of a notice having been given under section 3.40(3); or
(b) 7 days of a declaration being made under section 3.40A(4) that the vehicle is an abandoned vehicle wreck.
(2a) The local government may sell or otherwise dispose of impounded goods that have not been collected within the period specified in subsection (2b) of —
(a) a notice having been given under section 3.42(1)(b) or 3.44; or
(b) being impounded if the local government has been unable, after making reasonable efforts to do so, to give that notice to the alleged offender.
(2b) The period after which goods may be sold or otherwise disposed of under subsection (2a) is —
(a) for perishable goods — 3 days;
(b) for animals — 7 days;
(ca) for prescribed non‑perishable goods — one month;
(c) for other non‑perishable goods — 2 months.
(3) Section 3.58 applies to the sale of goods under this section as if they were property referred to in that section.
(4) Money received by a local government from the sale of goods under subsection (2a) is to be credited to its trust fund except to the extent required to meet the costs and expenses incurred by the local government in removing, impounding and selling the goods.
(5) Money received by a local government from the sale of a vehicle under subsection (2) is to be credited to its trust fund except to the extent required to meet the costs referred to in section 3.46 and the expenses incurred by the local government in selling the vehicle.
(6) Unless this section requires it to be credited to its trust fund, money received by a local government from the sale under this section of any goods is to be credited to its municipal fund.
(1) If an impounded animal is ill or injured to such an extent that treating it is not practicable the local government may humanely destroy the animal and dispose of the carcass.
(2) A local government must not destroy an animal under subsection (1) unless —
(a) because of the state of the animal, destroying it is urgent; or
(b) the local government has —
(i) taken reasonable steps to notify the owner; and
(ii) whether or not notice has been given under subparagraph (i), allowed the owner a reasonable opportunity to collect the animal.
(3) Subsection (2)(b) does not justify the destruction of an animal before it has been impounded for at least 7 days.
If goods are removed and impounded under section 3.39 and the alleged offender is convicted, the local government may, by action in a court of competent jurisdiction, recover from the alleged offender —
(a) if the goods are not sold under section 3.47, the expenses incurred by the local government in removing and impounding them and in disposing of them if they are disposed of under section 3.47; and
(b) if the goods are confiscated and sold under section 3.47, the amount, if any, by which the money received from the sale and credited to the municipal fund under section 3.47(6) is insufficient to meet expenses incurred by the local government in removing, impounding, and selling them; and
(c) if the goods are not confiscated but are sold under section 3.47, the amount, if any, by which the money received from the sale is insufficient to meet the costs and expenses referred to in section 3.47(4) or (5), as the case requires.
(1) A local government may close any thoroughfare that it manages to the passage of vehicles, wholly or partially, for a period not exceeding 4 weeks.
(1a) A local government may, by local public notice, order that a thoroughfare that it manages is wholly or partially closed to the passage of vehicles for a period exceeding 4 weeks.
(2) The order may limit the closure to vehicles of any class, to particular times, or to such other case or class of case as may be specified in the order and may contain exceptions.
[(3) deleted] (4) Before it makes an order wholly or partially closing a thoroughfare to the passage of vehicles for a period exceeding 4 weeks or continuing the closure of a thoroughfare, the local government is to —
(a) give local public notice of the proposed order giving details of the proposal, including the location of the thoroughfare and where, when, and why it would be closed, and inviting submissions from any person who wishes to make a submission; and
(b) give written notice to each person who —
(i) is prescribed for the purposes of this section; or
(ii) owns land that is prescribed for the purposes of this section;
and
(c) allow a reasonable time for submissions to be made and consider any submissions made.
(5) The local government is to send to the Commissioner of Main Roads appointed under the
Main Roads Act 1930 a copy of the contents of the notice required by subsection (4)(a).(6) An order under this section has effect according to its terms, but may be revoked by the local government, or by the Minister, by order of which local public notice is given.
[(7) deleted] (8) If, under subsection (1), a thoroughfare is closed without giving local public notice, the local government is to give local public notice of the closure as soon as practicable after the thoroughfare is closed.
(9) The requirement in subsection (8) ceases to apply if the thoroughfare is reopened.
Despite section 3.50, a local government may partially and temporarily close a thoroughfare, without giving local public notice, if the closure —
(a) is for the purpose of carrying out repairs or maintenance; and
(b) is unlikely to have a significant adverse effect on users of the thoroughfare.
(1) In this section —
(a) is the owner of the land in respect of which that thing is done, or any land that is likely to be adversely affected by doing that thing; or
(b) is shown on the title to any of the land mentioned in paragraph (a) as holding an interest in any of that land; or
(c) is prescribed for the purposes of this section.
(2) This section applies to —
(a) fixing or altering the level of, or the alignment of, a public thoroughfare; or
(b) draining water from a public thoroughfare or other public place onto adjoining land.
(3) Before doing anything to which this section applies, a local government is to —
(a) give notice of what is proposed to be done giving details of the proposal and inviting submissions from any person who wishes to make a submission; and
(b) allow a reasonable time for submissions to be made and consider any submissions made.
(4) The notice is to be given —
(a) in writing to each person having an interest; and
(b) if any land is likely to be adversely affected by the doing of the thing, by local public notice.
(1) This section applies in respect of a thoroughfare only if it is in the metropolitan area or on land that has been constituted a townsite under section 10 of the
Land Act 1933 5 .(2) Except to the extent that it is authorised by law to close them or restrict their use, a local government is to ensure that public thoroughfares are kept open for public use.
(3) In fixing or altering the level of, or the alignment of, a public thoroughfare, a local government is to ensure that access by vehicle to land adjoining the thoroughfare can be reasonably provided.
(4) A local government is to keep plans of the levels and alignments of public thoroughfares that are under its control or management, and make those plans available for public inspection.
(1) In this section —
(2) A local government is responsible for controlling and managing every otherwise unvested facility within its district unless subsection (5) states that this section does not apply.
(3) If the facility is partially within each of 2 or more districts, it is to be controlled and managed as the local governments for the districts concerned agree or, if they do not agree, as the Minister directs.
(4) An agreement or direction under subsection (3) has effect according to its terms.
(5) This section does not apply if any person was, immediately before the commencement of this Act, responsible for controlling or managing the facility unless —
(a) the responsibility arose under the former section 300; or
(b) the Governor, by order, declares that the facility is to be controlled and managed under this section.
3.54. Reserves under control of local government (1) If land reserved under the
Land Administration Act 1997 is vested in or placed under the control and management of a local government, the local government may do anything for the purpose of controlling and managing that land that it could do under section 5 of theParks and Reserves Act 1895 if it were a Board appointed under that Act to manage and control the land and for that purpose a reference in that section to a by‑law is to be read as a reference to a local law.(2) Subsection (1) is subject to any express provision to the contrary made by an order under the
Land Administration Act 1997 in respect of the land.
A local government can only take land under Part 9 of the
A local government can only dredge in tidal waters or reclaim land that is at any time covered by tidal waters if it first obtains the consent, in writing, of the Minister responsible for the administration of the
(1) A local government is required to invite tenders before it enters into a contract of a prescribed kind under which another person is to supply goods or services.
(2) Regulations may make provision about tenders.
(1) In this section —
(2) Except as stated in this section, a local government can only dispose of property to —
(a) the highest bidder at public auction; or
(b) the person who at public tender called by the local government makes what is, in the opinion of the local government, the most acceptable tender, whether or not it is the highest tender.
(3) A local government can dispose of property other than under subsection (2) if, before agreeing to dispose of the property —
(a) it gives local public notice of the proposed disposition —
(i) describing the property concerned; and
(ii) giving details of the proposed disposition; and
(iii) inviting submissions to be made to the local government before a date to be specified in the notice, being a date not less than 2 weeks after the notice is first given;
and
(b) it considers any submissions made to it before the date specified in the notice and, if its decision is made by the council or a committee, the decision and the reasons for it are recorded in the minutes of the meeting at which the decision was made.
(4) The details of a proposed disposition that are required by subsection (3)(a)(ii) include —
(a) the names of all other parties concerned; and
(b) the consideration to be received by the local government for the disposition; and
(c) the market value of the disposition —
(i) as ascertained by a valuation carried out not more than 6 months before the proposed disposition; or
(ii) as declared by a resolution of the local government on the basis of a valuation carried out more than 6 months before the proposed disposition that the local government believes to be a true indication of the value at the time of the proposed disposition.
(5) This section does not apply to —
(a) a disposition of an interest in land under the
Land Administration Act 1997 section 189 or 190; or(b) a disposition of property in the course of carrying on a trading undertaking as defined in section 3.59; or
(c) anything that the local government provides to a particular person, for a fee or otherwise, in the performance of a function that it has under any written law; or
(d) any other disposition that is excluded by regulations from the application of this section.
(1) In this section —
(a) acquire or dispose of an interest in land; or
(b) develop land;
(a) the consideration under the transaction; and
(b) anything done by the local government for achieving the purpose of the transaction,
is more, or is worth more, than the amount prescribed for the purposes of this definition;
(a) in the last completed financial year, involved; or
(b) in the current financial year or the financial year after the current financial year, is likely to involve,
expenditure by the local government of more than the amount prescribed for the purposes of this definition, except an exempt trading undertaking;
(2) Before it —
(a) commences a major trading undertaking; or
(b) enters into a major land transaction; or
(c) enters into a land transaction that is preparatory to entry into a major land transaction,
a local government is to prepare a business plan.
(3) The business plan is to include an overall assessment of the major trading undertaking or major land transaction and is to include details of —
(a) its expected effect on the provision of facilities and services by the local government; and
(b) its expected effect on other persons providing facilities and services in the district; and
(c) its expected financial effect on the local government; and
(d) its expected effect on matters referred to in the local government’s current plan prepared under section 5.56; and
(e) the ability of the local government to manage the undertaking or the performance of the transaction; and
(f) any other matter prescribed for the purposes of this subsection.
(4) The local government is to —
(a) give Statewide public notice stating that —
(i) the local government proposes to commence the major trading undertaking or enter into the major land transaction described in the notice or into a land transaction that is preparatory to that major land transaction; and
(ii) a copy of the business plan may be inspected or obtained at any place specified in the notice; and
(iii) submissions about the proposed undertaking or transaction may be made to the local government before a day to be specified in the notice, being a day that is not less than 6 weeks after the notice is given;
and
(b) make a copy of the business plan available for public inspection in accordance with the notice; and
(c) publish a copy of the business plan on the local government’s official website.
(5) After the last day for submissions, the local government is to consider any submissions made and may decide* to proceed with the undertaking or transaction as proposed or so that it is not significantly different from what was proposed.
[(5a) deleted] (6) If the local government wishes to commence an undertaking or transaction that is significantly different from what was proposed it can only do so after it has complied with this section in respect of its new proposal.
(7) The local government can only commence the undertaking or enter into the transaction with the approval of the Minister if it is of a kind for which the regulations require the Minister’s approval.
(8) A local government can only continue carrying on a trading undertaking after it has become a major trading undertaking if it has complied with the requirements of this section that apply to commencing a major trading undertaking, and for the purpose of applying this section in that case a reference in it to commencing the undertaking includes a reference to continuing the undertaking.
(9) A local government can only enter into an agreement, or do anything else, as a result of which a land transaction would become a major land transaction if it has complied with the requirements of this section that apply to entering into a major land transaction, and for the purpose of applying this section in that case a reference in it to entering into the transaction includes a reference to doing anything that would result in the transaction becoming a major land transaction.
(10) For the purposes of this section, regulations may —
(a) prescribe any land transaction to be an exempt land transaction;
(b) prescribe any trading undertaking to be an exempt trading undertaking.
A local government cannot form or take part in forming, or acquire an interest giving it the control of, an incorporated company or any other body corporate except a regional local government or regional subsidiary unless it is permitted to do so by regulations.
(1) Two or more local governments (referred to in this Division as the
participants ) may, with the Minister’s approval, establish a regional local government to do things, for the participants, for any purpose for which a local government can do things under this Act or any other Act.(2) An application for the Minister’s approval is to be —
(a) in a form approved for that purpose by the Minister; and
(b) accompanied by a copy of an agreement between the participants to establish the regional local government (referred to in this Division as the
establishment agreement ).
(3) The participants are to supply the Minister any further information about the application that the Minister asks for.
(4) If the Minister approves the application the Minister is to declare, by notice in the
Gazette , that the regional local government is established —(a) on the date; and
(b) under the name; and
(c) for the purpose,
set out in the notice.
(1) A regional local government —
(a) is a body corporate with perpetual succession and a common seal; and
(b) is to have as its governing body a council established under the establishment agreement and consisting of members of the councils of the participants.
(2) The purpose for which a regional local government is established (referred to in this Division as the
regional purpose ) is as set out in the establishment agreement.
(1) A regional local government is to be wound up —
(a) at the direction of the Minister; or
(b) in accordance with the establishment agreement.
(2) A participant may, in accordance with the establishment agreement, withdraw from the regional local government and cease to be a participant.
The following matters are to be set out or provided for in the establishment agreement for a regional local government —
(a) the name of the regional local government; and
(b) a description of the region for which the regional local government is established; and
(c) the number of offices of member on the council of the regional local government and, in respect of each participant, the number of members to be appointed by that participant; and
(d) the appointment and tenure of members and deputy members of the council of the regional local government; and
(e) the election or appointment of a chairperson and deputy chairperson of the regional local government from amongst members of its council and the term of office of a chairperson and deputy chairperson, which is not to exceed 2 years; and
(f) the purpose for which the regional local government is established; and
(g) a means of determining the financial contributions of the participants to the funds of the regional local government; and
(h) procedures for the winding up of the regional local government or for the withdrawal of a participant from the regional local government; and
(i) procedures for the division of assets and liabilities between the participants in the event of the regional local government being wound up or a participant withdrawing from the regional local government; and
(j) a means of resolving disputes between participants as to matters relating to the regional local government; and
(k) any other prescribed matter.
(1) The participants may amend the establishment agreement for a regional local government by agreement made with the Minister’s approval, and a reference in this Division to the establishment agreement includes a reference to the establishment agreement as so amended.
(2) The establishment agreement can be amended under subsection (1) to include another local government as a further participant if that local government is a party to the amending agreement.
(3) Section 3.61(2) and (3) apply, with any necessary modifications, to an agreement amending the establishment agreement.
(1) Except as otherwise stated in this section, this Act and any other Act under which anything can be done for the regional purpose apply in relation to a regional local government as if —
(a) the participants’ districts together made up a single district; and
(b) the regional local government were the local government established for that district.
(2) A regional local government can only do things for the regional purpose, and the application of this Act or any other Act under subsection (1) is limited accordingly.
(3) The following provisions of this Act do not apply in relation to a regional local government —
(a) Part 2 (other than sections 2.7, 2.26, 2.29 and 2.32(1)(e) and Division 7); and
(b) Part 4; and
(c) Part 5, Division 2, Subdivision 4; and
(d) Part 6, Division 6; and
(e) any provision prescribed for the purposes of this subsection.
(4) Part 6, Division 5, Subdivision 3 does not apply in relation to a regional local government unless the establishment agreement provides that it does.
(5) The provisions that do apply in relation to a regional local government apply to it subject to any prescribed modifications and any other necessary modifications.
To the extent that a local law made by a regional local government is inconsistent with a local law made by a local government, the local law made by the regional local government prevails.
Nothing in sections 3.61 to 3.67 prevents local governments from making arrangements under which —
(a) a local government performs a function for another local government; or
(b) local governments perform a function jointly.
(1) Two or more local governments may, with the Minister’s approval and in accordance with the regulations, form a subsidiary body (called a
regional subsidiary ) to provide services or otherwise to carry on activities.(2) If the Minister approves the formation of a regional subsidiary, the Minister must, by notice in the
Gazette , declare that the regional subsidiary is established —(a) on the date set out in the notice; and
(b) under the name set out in the notice.
(3) A regional subsidiary —
(a) is a body corporate with perpetual succession and a common seal; and
(b) is to have a governing body consisting of members appointed in accordance with the regional subsidiary’s charter (as approved by the Minister in accordance with section 3.70(3)).
(4) Without limiting subsection (3)(b), a governing body may consist of or include members who are not council members or employees.
(1) Local governments proposing to form a regional subsidiary must prepare a charter addressing the following matters —
(a) the establishment and powers and duties of the regional subsidiary;
(b) the process for selecting and appointing members of the regional subsidiary’s governing body;
(c) the qualifications that members of the regional subsidiary’s governing body must have;
(d) the administration of the regional subsidiary, including the membership and procedures of its governing body, and the fees, allowances and expenses to be paid or reimbursed to the members of its governing body;
(e) the financial management, planning, auditing and reporting to be undertaken by the regional subsidiary;
(f) the process for amending the charter;
(g) the winding up of the regional subsidiary;
(h) any other matters required by the regulations to be dealt with in a charter.
(1A) The respective interests, rights and duties of the local governments under the charter do not have to be equal or otherwise the same.
Examples for this subsection:
1. If the charter includes a requirement to make financial contributions to the regional subsidiary —
(a) the required financial contributions do not have to be the same for each local government; and
(b) the requirement does not have to apply to all of the local governments.
2. If the regional subsidiary is required under the charter to provide services in the local governments’ districts —
(a) the type and scope of the services required to be provided does not have to be the same for each district; and
(b) the regional subsidiary does not have to be required to provide services in all of the districts.
(2) The local governments must forward the charter to the Minister when applying for approval for the formation of the regional subsidiary.
(3) A charter, and an amendment to a charter, are of no effect unless approved by the Minister.
(4) The Minister’s approval under subsection (3) may be given subject to specified changes being made to the charter or amendment, in which event the charter or amendment has no effect unless the changes are made.
(1) Section 7.1 and the provisions of Part 7 Divisions 3A to 4 apply in relation to a regional subsidiary as if the regional subsidiary were a local government.
(2) The application of a provision under subsection (1) is subject to any prescribed or necessary modifications to the provision provided for in the regulations.
(1) The principles mentioned in section 5.40(a) to (f) apply to a regional subsidiary in respect of its employees as if —
(a) references to employees were to employees of the regional subsidiary; and
(b) references to a local government were to the regional subsidiary.
(2) For the purposes of subsection (1), regulations may provide for any principle prescribed for the purposes of section 5.40(f) to apply with modifications in relation to a regional subsidiary.
Regulations may —
(a) regulate the procedure for applying to the Minister for approval for the formation of a regional subsidiary; and
(b) require the local governments proposing to form a regional subsidiary to consult with the community in their districts in accordance with the regulations; and
(c) provide that a specified provision of this Act (including the regulations) applies in relation to a regional subsidiary subject to any prescribed or necessary modifications; and
(ca) make provision in relation to the selection, employment and functions of employees of a regional subsidiary; and
(d) provide for or regulate any other matter that is necessary or convenient to be provided for or regulated in respect of a regional subsidiary.
(1) Section 3.69 has effect in addition to the provisions of this Division relating to regional local governments, and does not derogate from those provisions.
(2) Nothing in section 3.69 prevents local governments from making arrangements under which —
(a) a local government provides a service or carries on an activity for another local government; or
(b) local governments provide a service or carry on an activity jointly without forming a regional subsidiary.
(1) In this section —
(a) the occurrence, or imminent occurrence, of an event, situation or condition that is a hazard under the definition of that term in the
Emergency Management Act 2005 section 3; or(b) a public health emergency as defined in the
Public Health Act 2016 section 4(1);
(a) making a local law (including making a local law to amend or repeal a local law);
(b) entering into, or renewing or terminating, the contract of employment of the CEO or of a senior employee;
(c) entering into a major land transaction;
(d) entering into a land transaction that is preparatory to entry into a major land transaction;
(e) commencing a major trading undertaking;
(f) entering into a contract, or other agreement or arrangement, in prescribed circumstances;
(g) inviting tenders in prescribed circumstances;
(h) deciding to do anything referred to in paragraphs (a) to (g);
(i) an act done under a written law or otherwise that is a prescribed act.
(2) During a caretaker period, a local government must not do a significant act.
(3) Subsections (4) to (6) apply despite subsection (2).
(4) A local government may do a significant act during a caretaker period if —
(a) the local government’s decision to do the significant act was made before the caretaker period; and
(b) any prescribed requirements are met.
(5) A local government may do a significant act during a caretaker period if it is necessary for the local government to do the significant act during the caretaker period in order to comply with any of the following —
(a) a written law;
(b) an order of a court or tribunal;
(c) a contractual obligation of the local government under a contract entered into by the local government before the caretaker period.
(6) The Departmental CEO may authorise a local government to do a significant act during a caretaker period if the Departmental CEO is satisfied that it is necessary for the local government to do the significant act during the caretaker period —
(a) because of an emergency; or
(b) to ensure the proper operation of the local government.
(a) Divisions 2, 3, 4, 5 and 6 describe the different kinds of elections and direct when those elections are to be held; (b) Division 7 is about the officials who conduct elections; (c) Division 8 sets out the qualifications for enrolment to vote at elections; (d) Division 9 deals with the process of preparing for and conducting an election; (e) Division 10 deals with complaints about the results of elections; (f) Division 11 sets out a number of offences in relation to elections and provides for investigation and prosecution of offences; (g) Division 12 deals with polls and referendums.
In this Part —
(a) an election of a mayor or president by electors; or
(b) an election of a councillor or councillors whether in a district or in a ward;
(a) in the case of a district that has wards, to the ward rolls; and
(b) in the case of any district or ward, to the residents roll or rolls and the owners and occupiers roll or rolls,
that may form the electoral roll;
(a) in the case of a voting in person election, a place appointed under section 4.23 for the casting of votes;
(b) in the case of a postal election, a place appointed under section 4.23 for the delivery of votes;
(1) On a day fixed as polling day for the whole of State electorate or a district under the
Electoral Act 1907 , no election, referendum or other poll is to be held under this Act in, or in any part of, that electorate or district.(2) On a day fixed for the holding of a referendum, as defined in the
Electoral Act 1907 , no election, referendum or other poll is to be held under this Act.(3) On a day appointed under the
Commonwealth Electoral Act 1918 as polling day for an election of Senators for the State, no election, referendum or other poll is to be held under this Act.(4) On a day appointed as polling day for an election of the House of Representatives for an Electoral Division in the State under the
Commonwealth Electoral Act 1918 , no election, referendum or other poll is to be held under this Act in, or in any part of, that Electoral Division.(5) On a day fixed as voting day in the State, or an Electoral Division in the State under the
Referendum (Machinery Provisions) Act 1984 of the Commonwealth, no election, referendum or other poll is to be held under this Act in the State, or in any part of that Electoral Division, as is relevant.(6) In this section —
(1) Despite anything else in this Act and subject to subsection (2), where a poll cannot be held on the day fixed under this Act due to section 4.1A, the Governor may, before the day fixed for the poll, by order under section 9.62 fix a later day for the holding of the poll.
(2) The time for the holding of a poll is not to be extended under this section by more than 14 days later than the time originally fixed.
(1) The Governor may, on the recommendation of the Minister, by order provide that, until the order is revoked, each election for a specified local government must be conducted as a postal election.
(2) In subsection (1) —
(3) An order under subsection (1) —
(a) applies despite section 4.61; and
(b) does not require an election to be conducted as a postal election if election day is on or before the 80
th day after the day on which the order is published in theGazette ; and(c) may include other exceptions to the requirement that each election must be conducted as a postal election.
(4) In relation to an election that must be conducted as a postal election —
(a) the local government is taken to have made, on the 80
th day referred to in section 4.20(5), a declaration under section 4.20(4) that the Electoral Commissioner is to be responsible for the conduct of the election; and(b) that declaration cannot be rescinded; and
(c) the Electoral Commissioner must, under section 4.20(4), appoint a person to be the returning officer for the local government for the election accordingly.
(5) The Minister can make a recommendation under subsection (1) in relation to a local government only if satisfied that —
(a) for the purpose of promoting participation in voting at elections for the local government, postal elections, as opposed to voting in person elections, are the more suitable type of election; and
(b) because of particular circumstances relating to the local government or its district, it is appropriate to make postal elections mandatory for the local government.
(6) Subsection (5) does not apply to a recommendation to revoke an order made under subsection (1).
Note for this subsection:
The power to make an order under subsection (1) includes power to revoke the order — see section 9.65(2).
(7) Before making a recommendation under subsection (1), the Minister must consult the Electoral Commissioner.
(8) The
Interpretation Act 1984 section 42 applies to an order made under subsection (1) as if the order were regulations made under this Act.
(1) The Governor may, on the recommendation of the Minister, by order provide that, until the order is revoked, each election for a specified local government must be conducted as a voting in person election.
(2) In subsection (1) —
(3) An order under subsection (1) —
(a) applies despite section 4.61; and
(b) does not require an election to be conducted as a voting in person election if election day is on or before the 80
th day after the day on which the order is published in theGazette ; and(c) may include other exceptions to the requirement that each election must be conducted as a voting in person election.
(4) The Minister can make a recommendation under subsection (1) in relation to a local government only if satisfied that —
(a) for the purpose of promoting participation in voting at elections for the local government, voting in person elections, as opposed to postal elections, are the more suitable type of election; and
(b) because of particular circumstances relating to the local government or its district, it is appropriate to make voting in person elections mandatory for the local government.
(5) Subsection (4) does not apply to a recommendation to revoke an order made under subsection (1).
Note for this subsection:
The power to make an order under subsection (1) includes power to revoke the order — see section 9.65(2).
(6) Before making a recommendation under subsection (1), the Minister must consult the Electoral Commissioner.
(7) The
Interpretation Act 1984 section 42 applies to an order made under subsection (1) as if the order were regulations made under this Act.
(1) When a local government is newly established elections are to be held —
(a) to elect the councillors of the first council; and
(b) if the method of filling the office of mayor or president is by election by the electors, to elect the first mayor or president.
(2) An election under this section is called an
inaugural election .
(1) Any poll needed for an inaugural election is to be held on a day fixed by the Governor by order under section 9.62.
(2) The day fixed is to be a day that is as soon as practicable after the establishment of the local government and allows enough time for the electoral requirements to be complied with, but is not to be later than one year after the establishment of the local government.
(1) When the term of office of an elector mayor or president or a councillor is going to end under the Table to section 2.28 an election to fill the office is to be held.
(2) An election under this section is called an
ordinary election .(3) This section does not apply to the office of mayor or president if, under Part 2 Division 3, the next mayor or president is to be elected by the council.
A local government is to hold ordinary elections every 2 years.
Any poll needed for an ordinary election is to be held on the day on which the previous term of office referred to in section 4.4(1) ends.
(1) The effect of section 4.6 is that —
(a) polls for ordinary elections to elect an elector mayor or president will be held on the third Saturday in October every 4 years; and
(b) polls for ordinary elections to elect councillors will be held on the third Saturday in October every 2 years.
(2) If in respect of a particular year in which ordinary elections are required to be held the Electoral Commissioner is of the opinion that it would not be in the public interest to hold polls for those ordinary elections on the third Saturday in October, the Electoral Commissioner may, by notice in the
Gazette , fix a later Saturday in October, or the first, second or third Saturday in November, to be the day for holding any polls needed for those ordinary elections.(3) The election day can be deferred under subsection (2) —
(a) for all local governments; or
(b) for a local government or local governments specified in the notice; or
(c) for a class or classes of local governments specified in the notice.
(4) In the notice under subsection (2), or by a later notice in the
Gazette , the Electoral Commissioner may adjust any time, period or date fixed under this Act to take account of the election day being deferred under subsection (2).
(1) If the office of a councillor or of an elector mayor or president becomes vacant under section 2.32, an election to fill the office is to be held, except if the vacancy is filled under Schedule 4.1A or 4.1B.
(2) An election is also to be held under this section if section 4.57 or 4.58 so requires.
(3) An election under this section is called an
extraordinary election .
(1) Any poll needed for an extraordinary election is to be held on a day decided on and fixed —
(a) by the mayor or president, in writing, if a day has not already been fixed under paragraph (b); or
(b) by the council at a meeting held within one month after the vacancy occurs, if a day has not already been fixed under paragraph (a).
(2) The election day fixed for an extraordinary election is to be a day that allows enough time for the electoral requirements to be complied with but, unless the Electoral Commissioner approves or section 4.10(b) applies, it cannot be later than 4 months after the vacancy occurs.
(3) If at the end of one month after the vacancy occurs an election day has not been fixed, the CEO is to notify the Electoral Commissioner and the Electoral Commissioner is to —
(a) fix a day for the holding of the poll that allows enough time for the electoral requirements to be complied with; and
(b) advise the CEO of the day fixed.
4.10. Extraordinary election can be held before resignation has taken effect
If a member resigns —
(a) the vacancy is to be regarded for the purposes of sections 4.8(1) and 4.9 as occurring when the CEO receives the notice of resignation even if the resignation takes effect on a later day; but
(b) the election day fixed for the extraordinary election cannot be earlier than one month before the resignation actually takes effect.
Any poll needed for an election to give effect to an order under section 2.1(1) changing the boundaries of a district or under section 2.2 or 2.18 is to be held on the day fixed by the Governor by order under section 9.62.
Any poll needed for an election to fill offices of members that are vacant when a suspended council is reinstated is to be held on the day fixed by order under section 8.29(4).
Any poll needed for an election to fill the vacant offices after the offices of members have been declared vacant under section 2.37, or after a commissioner of the local government has been appointed under section 2.37A, is to be held on the day fixed by order under section 2.37(5) or 2.37A(2).
Any poll needed for an election to elect a new council after a council has been dismissed under section 8.25(1) is to be held on the day fixed by order under section 8.34(1).
Any poll needed for a fresh election after an election is declared invalid is to be held on the day fixed by the Court of Disputed Returns under section 4.81(3).
(1) This section modifies the operation of sections 4.8, 4.9 and 4.10 in relation to the holding of extraordinary elections.
(2) If a member’s office becomes vacant under section 2.32 (otherwise than by resignation) on or after the third Saturday in July in an election year and long enough before the ordinary elections day in that year to allow the electoral requirements to be complied with, any poll needed for the extraordinary election to fill the vacancy is to be held on that ordinary elections day.
(3) In the case of a member’s office becoming vacant under section 2.32 by resignation, if —
(a) the resignation takes effect, or is to take effect, on or after the third Saturday in July in an election year but not later than one month after the ordinary elections day in that year; and
(b) the CEO receives notice of the resignation long enough before that ordinary elections day to allow the electoral requirements to be complied with,
any poll needed for the extraordinary election to fill the vacancy is to be held on that ordinary elections day.
(4) If a member’s office becomes vacant under section 2.32 —
(a) after the third Saturday in October in the year before an election year; but
(b) before the third Saturday in July in that election year,
the council may, with the approval of the Electoral Commissioner, fix the ordinary elections day in that election year as the day for holding any poll needed for the extraordinary election to fill that vacancy.
(1) If a member’s office becomes vacant under section 2.32 on or after the third Saturday in July in the election year in which the term of the office would have ended under the Table to section 2.28, the vacancy is to remain unfilled and the term of the member who held the office is to be regarded in section 4.6 as ending on the day on which it would have ended if the vacancy had not occurred.
(2) If a member’s office becomes vacant under section 2.32 —
(a) after the third Saturday in October in the year before the election year in which the term of the office would have ended under the Table to section 2.28; but
(b) before the third Saturday in July in that election year,
the council may, with the approval of the Electoral Commissioner, allow the vacancy to remain unfilled and, in that case, the term of the member who held the office is to be regarded in section 4.6 as ending on the day on which it would have ended if the vacancy had not occurred.
[(3)-(4) deleted]
(1) This section applies to the following kinds of elections of councillors —
(a) ordinary elections;
(b) extraordinary elections;
(c) elections under section 4.11, 4.12 or 4.13.
(2) If in a district or ward the same election day is fixed for elections of more than one kind, Division 9 applies to those elections as if they were one election to fill all the offices of councillor for the district or ward that need to be filled.
The principal electoral office of a local government is that of returning officer.
(1) Subject to this section the CEO is the returning officer of a local government for each election.
(2) A local government may, having first obtained the written agreement of the person concerned and the written approval of the Electoral Commissioner, appoint* a person other than the CEO to be the returning officer of the local government for —
(a) an election; or
(b) all elections held while the appointment of the person subsists.
(3) An appointment under subsection (2) —
(a) is to specify the term of the person’s appointment; and
(b) has no effect if it is made after the 80
th day before an election day.
(4) A local government may, having first obtained the written agreement of the Electoral Commissioner, declare* the Electoral Commissioner to be responsible for the conduct of an election, or all elections conducted within a particular period of time, and, if such a declaration is made, the Electoral Commissioner is to appoint a person to be the returning officer of the local government for the election or elections.
(5) A declaration under subsection (4) has no effect if it is made after the 80
th day before election day unless a declaration has already been made in respect of an election for the local government and the declaration is in respect of an additional election for the same local government.(6) A declaration made under subsection (4) on or before the 80
th day before election day cannot be rescinded after that 80th day.
(1) A returning officer appointed under section 4.20(1) or (2) is to appoint one or more deputy returning officers.
(2) If the returning officer is appointed under section 4.20(4), the Electoral Commissioner is to appoint one or more deputy returning officers.
(1) An election is to be conducted by the returning officer of the local government for that election.
(2) In the case of a returning officer appointed under section 4.20(4), the returning officer is to conduct the election for and under the direction of the Electoral Commissioner.
(3) If the returning officer is absent or cannot perform the returning officer’s functions a deputy returning officer is to perform the returning officer’s functions.
The returning officer’s functions are —
(a) to appoint places for the casting of votes, places for the delivery of postal votes and places for the counting of votes for elections (within or outside the district); and
(b) to appoint other electoral officers to assist in the conduct of elections; and
(c) to ensure that the necessary preparations are made for the conduct of elections; and
(d) to do anything which the returning officer is authorised or required to do under this Act or which is necessary or expedient in order to ensure that elections are conducted in accordance with this Act; and
(e) in the case of a returning officer appointed under section 4.20(4), to do other things if directed to do so by the Electoral Commissioner.
The Electoral Commissioner’s functions under this Act are to do anything which the Electoral Commissioner is authorised or required to do under this Act and, where the Electoral Commissioner is responsible for the conduct of the election, to do anything which is necessary or expedient for the proper and efficient conduct of the election.
The Electoral Commissioner and the returning officer are to have access to any relevant information of a local government in order to perform their functions under this Act.
(1) The Electoral Commissioner may delegate any of the Commissioner’s powers or duties under this Act (except this power of delegation) to another person.
(2) A returning officer may delegate any of the returning officer’s powers or duties under this Act (except this power of delegation) to a deputy returning officer.
(3) Delegations must be in writing.
(1) Regulations may include provisions —
(a) about the appointment of returning officers under section 4.20(4), and deputy returning officers under section 4.21(2), and their removal or suspension by the Electoral Commissioner; and
(b) about the appointment, removal or suspension of electoral officers by returning officers; and
(c) about the declarations to be made by electoral officers; and
(d) setting out functions to be performed by local governments, CEOs and returning officers to ensure the proper and efficient conduct of elections.
(2) Despite any other written law, the decision of the Electoral Commissioner or a returning officer about the appointment, removal or suspension of an electoral officer is final.
A local government is to —
(a) pay fees to the electoral officers, in accordance with regulations, for conducting an election; and
(b) meet expenses incurred by the electoral officers in connection with an election; and
(c) if a declaration under section 4.20(4) has been made in relation to the election, meet the expenses of the Electoral Commissioner in connection with the election to the extent required by regulations.
(1) A person is eligible to be enrolled to vote at elections for a district or ward (the
electorate ) if the person is enrolled as an elector for the Legislative Assembly in respect of a residence in the electorate.
Note for this subsection:
A person is enrolled under the
(2) For the purposes of subsection (1) a person is to be regarded as being enrolled as an elector for the Legislative Assembly even if the person’s name has been omitted in error from the register of electors under the
Electoral Act 1907 .
(1) A person is eligible to be enrolled to vote at elections for a district or ward (the
electorate ) if the person —(a) is enrolled as an elector for the Legislative Assembly or the House of Representatives in respect of a residence outside the electorate; and
(b) owns or occupies rateable property within the electorate; and
(c) has made a successful eligibility claim that still has effect under section 4.33.
Note for this subsection:
A person is enrolled under the
(2) For the purposes of subsection (1)(a) a person is to be regarded as being enrolled as an elector for the Legislative Assembly or the House of Representatives even if the person’s name has been omitted in error from the register of electors under the
Electoral Act 1907 or an electoral roll under theCommonwealth Electoral Act 1918 .(3) For the purposes of subsection (1)(c) an eligibility claim is successful if it is accepted under section 4.32, whether or not the acceptance is before the close of enrolments, as defined in section 4.39(1).
(4) A person who is eligible under subsection (1) to vote at an election held less than 50 days after the commencement of the
Local Government Amendment Act 2009 section 13 is eligible to vote at that election.
(1) For the purposes of this Division, subsections (1A) to (1H) apply in relation to rateable property and its ownership and occupation.
(1A) Section 4.30 applies even if part of the rateable property is situated in another district.
(1B) If an enrolment eligibility claim is made in respect of rateable property situated partly in one ward and partly in another ward or wards, it is to be regarded for the purposes of that claim as being in —
(a) the ward nominated by the owner or occupier making the claim; or
(b) if no nomination is made, the ward determined by the CEO.
(1C) A person occupies rateable property if, and only if, the person has a right of continuous occupation under a lease, tenancy agreement or other legal instrument.
(1CA) Regulations may provide that, despite subsection (1C), a person is not to be regarded as occupying rateable property unless prescribed requirements (in addition to the requirement of subsection (1C)) are met.
(1CB) The requirements that may be prescribed for the purposes of subsection (1CA) include (without limitation) the following —
(a) requirements relating to whether any person is enrolled, or is regarded under section 4.29(2) as being enrolled, as an elector for the Legislative Assembly in respect of a residence that is the rateable property;
(b) other requirements relating to the current, past or future ownership, occupation or use of the rateable property.
(1D) A reference to the occupation of rateable property includes a reference to the occupation of —
(a) a separate building or portion of a building on the rateable property; or
(b) some other separate and distinguishable portion of the rateable property.
(1E) If more than 2 people own rateable property in conjunction with each other, the owners are whichever 2 of those people who, being eligible under section 4.30(1)(a), are nominated as owners by all or a majority of those people.
Notes for this subsection:
1. In cases involving 1 or more bodies corporate, this subsection interacts with subsection (1G) in accordance with subsections (1GB), (1GC) and (1GD).
2. See also example 1 at the end of this section.
(1F) If more than 2 people occupy rateable property in conjunction with each other, the occupiers are whichever 2 of those people who, being eligible under section 4.30(1)(a), are nominated as occupiers by all or a majority of those people.
Notes for this subsection:
1. In cases involving 1 or more bodies corporate, this subsection interacts with subsection (1G) in accordance with subsections (1GB), (1GC) and (1GE).
2. See also example 2 at the end of this section.
(1G) If a body corporate owns or occupies rateable property, the owners or occupiers are 2 people each of whom —
(a) is an officer or employee of the body corporate; and
(b) is eligible under section 4.30(1)(a); and
(c) is nominated as an owner or occupier by the body corporate.
(1GA) In subsection (1G)(a) —
(a) a director of the body corporate or other member of its governing body;
(b) the chief executive officer, or equivalent, of the body corporate;
(c) the secretary, or equivalent, of the body corporate.
(1GB) Subsections (1GC) to (1GE) apply if —
(a) rateable property is owned or occupied by 2 or more persons in conjunction with each other; and
(b) 1 or more of those persons is a body corporate.
Note for this subsection:
See examples 1 and 2 at the end of this section.
(1GC) Subsection (1G) must be applied to the body corporate or, if there is more than 1 body corporate, to each body corporate separately (before subsection (1E) or (1F) (as the case requires) is applied to the rateable property).
Note for this subsection:
See examples 1 and 2 at the end of this section.
(1GD) In the case of ownership, for the purposes of subsection (1E), the people who own the rateable property in conjunction with each other —
(a) do not include the body corporate or the bodies corporate; but
(b) include any nominee of the body corporate, or of any of the bodies corporate, who is an owner of the rateable property under subsection (1G).
Note for this subsection:
See example 1 at the end of this section.
(1GE) In the case of occupation, for the purposes of subsection (1F), the people who occupy the rateable property in conjunction with each other —
(a) do not include the body corporate or the bodies corporate; but
(b) include any nominee of the body corporate, or of any of the bodies corporate, who is an occupier of the rateable property under subsection (1G).
Note for this subsection:
See example 2 at the end of this section.
(1H) A nomination under subsection (1E), (1F) or (1G) applies in respect of any and all other rateable property in the district that is owned or occupied by the people or body corporate concerned.
(2) Regulations may include provisions about how nominations under subsections (1) to (1H) are made and how long they remain in effect.
Examples for this section:
1. The following is an example of the way in which subsection (1E) interacts with subsection (1G) in accordance with subsections (1GB), (1GC) and (1GD).
(a) Rateable property is owned by 2 persons in conjunction with each other.
(b) Each of the persons is a body corporate.
(c) Under subsection (1G), each body corporate separately nominates 2 people to be owners of the rateable property.
(d) Under subsection (1E), the 4 people nominated under subsection (1G) nominate 2 of their number to be owners of the rateable property.
(e) The 2 people nominated under subsection (1E) may make an enrolment eligibility claim under section 4.32 on the basis of ownership of the rateable property.
2. The following is an example of the way in which subsection (1F) interacts with subsection (1G) in accordance with subsections (1GB), (1GC) and (1GE).
(a) Rateable property is occupied by 2 persons in conjunction with each other.
(b) Each of the persons is a body corporate.
(c) Under subsection (1G), each body corporate separately nominates 2 people to be occupiers of the rateable property.
(d) Under subsection (1F), the 4 people nominated under subsection (1G) nominate 2 of their number to be occupiers of the rateable property.
(e) The 2 people nominated under subsection (1F) may make an enrolment eligibility claim under section 4.32 on the basis of occupation of the rateable property.
(1) A person who considers that the person is eligible under section 4.30(1)(a) and (b) may make an enrolment eligibility claim in respect of the district or ward.
(2) The claim must —
(a) be made to the CEO in accordance with regulations; and
(b) without limiting paragraph (a), include, or be accompanied by, the following —
(i) any statutory declaration required under regulations;
(ii) any other prescribed information, document or item.
(3) A claim for enrolment as an occupier cannot be accepted unless —
(a) the claimant has had a right of occupation as referred to in section 4.31(1C) for the whole period of 12 months ending on the day before the day on which the claim is made; and
(b) if so prescribed (but without limiting paragraph (e)) — the claimant has paid rent in respect of the right of occupation referred to in paragraph (a) of at least the prescribed amount; and
(c) the claimant has a right of occupation as referred to in section 4.31(1C) for the whole period of 3 months beginning on the day on which the claim is made; and
(d) if so prescribed (but without limiting paragraph (e)) — the claimant is liable to pay rent in respect of the right of occupation referred to in paragraph (c) of at least the prescribed amount; and
(e) any prescribed requirements are met.
(3AA) Without limiting the application of section 4.31(1G) for the purposes of this Division, if the claimant is a nominee of a body corporate under section 4.31(1G), references to the claimant in subsection (3)(a) to (d) are to be read as references to the body corporate.
(3A) The right of occupation referred to in subsection (3)(a) —
(a) must be for —
(i) the rateable property to which the claim relates; or
(ii) another rateable property which is situated (wholly or partly) in the district;
and
(b) for different parts of the 12‑month period, may be for different rateable properties.
(3B) The right of occupation referred to in subsection (3)(c) must be for the rateable property to which the claim relates.
(3C) The requirements that may be prescribed for the purposes of subsection (3)(e) include (without limitation) the following —
(a) requirements relating to whether any person is or was enrolled, or is or was regarded under section 4.29(2) as being enrolled, as an elector for the Legislative Assembly in respect of a residence that is a relevant rateable property;
(b) other requirements relating to the current, past or future ownership, occupation or use of a relevant rateable property.
(3D) In subsection (3C) —
(a) the rateable property to which the claim relates; or
(b) another rateable property that is relevant to the claim under subsection (3A).
(3E) In subsections (3A) to (3D) —
(a) subject to paragraph (b), references to a rateable property include a portion of a rateable property as described in section 4.31(1D)(a) or (b); and
(b) if the claim relates to a portion of a rateable property as described in section 4.31(1D)(a) or (b) — references to the rateable property to which the claim relates are to that portion.
(4) Except as provided for in subsection (5A), within 14 days after receiving an enrolment eligibility claim, the CEO must —
(a) decide —
(i) whether the claimant is eligible under section 4.30(1)(a) and (b); and
(ii) if applicable — whether the requirements under subsection (3)(a) to (e) are met;
and
(b) accept or reject the claim accordingly.
(5A) If a claim is made before the close of enrolments as defined in section 4.39(1), but less than 14 days before the close of nominations as defined in section 4.49(a), the CEO is to decide whether to accept or reject the claim before the close of nominations.
(5) The CEO can make any inquiries needed in order to make a decision.
(6) The CEO is to record the decision in a register kept for that purpose in accordance with regulations and is to give written notice of the decision to the claimant without delay.
(7) If the claim is rejected the notice has to set out the CEO’s reasons for the decision.
(7A) Regulations may make provision in relation to how the CEO’s reasons are to be set out.
(8) A person who is dissatisfied with the CEO’s decision may appeal to the Electoral Commissioner in accordance with regulations and the Electoral Commissioner can confirm or reverse the decision.
(8A) Regulations may make provision in relation to the conduct of an appeal, including (without limitation) provision restricting, or authorising the Electoral Commissioner to restrict, the information, documents or items upon which an appellant can rely.
(9) On receipt of advice of the Electoral Commissioner’s decision on an appeal, the CEO is to take any action that is necessary to give effect to that decision.
(1) If an enrolment eligibility claim made by a person on the basis of ownership of rateable property within the electorate is accepted under section 4.32(4) or (8), the claim expires when the person ceases to own the property to which the claim relates.
(1A) If an enrolment eligibility claim made by a person on the basis of occupation of rateable property within the electorate is accepted under section 4.32(4) or (8), the claim expires —
(a) when the person ceases to occupy, as the case requires —
(i) the rateable property to which the claim relates; or
(ii) the portion of a rateable property, as described in section 4.31(1D)(a) or (b), to which the claim relates;
or
(b) if the claim has not already expired under paragraph (a) — on the day provided for under subsections (2A) to (3).
Note for this subsection:
For the purposes of paragraph (a), the reference to the person ceasing to occupy must be construed in accordance with section 4.31(1C) and any regulations made for the purposes of section 4.31(1CA).
(2A) Unless subsection (2B) or (3) applies, if an enrolment eligibility claim made by a person on the basis of occupation of rateable property within the electorate is accepted under section 4.32(4) or (8), the claim expires on the day 6 months after the holding of the second ordinary elections of the local government after the claim is accepted.
(2B) If an enrolment eligibility claim on the basis of occupation of rateable property within the electorate is —
(a) made within the period of 56 days before the election day for ordinary elections of the local government; and
(b) accepted under section 4.32(4) or (8) before the election day,
the claim expires on the day 6 months after the holding of the third ordinary elections of the local government after the claim is accepted.
(2) For the purpose of subsection (2A) or (2B), an election that would have been held on a particular day but for the suspension of the council of the local government is to be regarded as having been held on that day.
(3) If the day on which an enrolment eligibility claim would expire under subsection (2A) or (2B) is less than 57 days before an election at which the occupier would be eligible to vote, the enrolment eligibility claim does not expire until the day after that election day.
The CEO is to ensure that the information about electors that is recorded from enrolment eligibility claims is maintained in an up to date and accurate form.
(1) The CEO may decide that a person is no longer eligible under section 4.30 to be enrolled to vote at elections for a district or ward if —
(a) the person has given the CEO written notice that the person is no longer eligible to be so enrolled; or
(b) the CEO is satisfied that the person is dead; or
(c) the CEO is satisfied that the person is no longer eligible to be so enrolled.
(2) The CEO is to give written notice to the person before making a decision under subsection (1)(c) and is to allow 28 days for the person to make submissions on the matter.
(3) If the CEO makes a decision under subsection (1)(c) the CEO is to give written notice of it to the person.
(4) If dissatisfied with the decision, the person may appeal to the Electoral Commissioner in accordance with regulations and the Electoral Commissioner can confirm or reverse the decision.
(4A) Regulations may make provision in relation to the conduct of an appeal, including (without limitation) provision restricting, or authorising the Electoral Commissioner to restrict, the information, documents or items upon which an appellant can rely.
(5) On receipt of advice of the Electoral Commissioner’s decision on an appeal, the CEO is to take any action that is necessary to give effect to that decision.
(6) If, after considering submissions made under subsection (2), the CEO decides that the person is still eligible under section 4.30 to be enrolled to vote at elections for the district or ward, the CEO is to give written notice of that decision to the person.
(7) The CEO is to record any decision under subsection (1) or (6) in the register referred to in section 4.32(6).
(1) This Division applies to the following stages in the preparation for, and conduct of, an election —
(a) Stage 1 — Preparing the electoral roll; (b) Stage 2 — Nomination of candidates; (c) Stage 3 — After nominations close; (d) Stage 4 — Preparing for voting; (e) Stage 5 — Voting; (f) Stage 6 — Counting the votes; (g) Stage 7 — Declaring the result.
(2) In this Division the election referred to in subsection (1) is referred to as the
election .
(1) An electoral roll is to be prepared for the election.
(2) If the district is not divided into wards the same electoral roll can be used for the election of an elector mayor or president and the election of a councillor or councillors.
(3) A new electoral roll need not be prepared for the election if —
(a) it is an extraordinary election the election day for which is less than 100 days after the election day for another election; and
(b) the CEO, with the approval of the Electoral Commissioner, decides that the roll that was used for the earlier election is suitable for use at the extraordinary election.
(1) The electoral roll for the election is to consist of a residents roll and an owners and occupiers roll but these can be consolidated for the purposes of the election in accordance with regulations.
(2) Regulations are to include provisions about the form of rolls (e.g. consolidated rolls, district rolls, ward rolls, combined ward rolls), the details that they are to contain and the arrangement of those details, and can provide for cases in which details may be omitted for the protection of an elector or an elector’s family.
(1) In order to be included on the electoral roll for the election a person must be an elector of the district or ward, as the case requires, as at 5 p.m. on the 57
th day before election day (theclose of enrolments ).(2) Statewide public notice of the time and date of the close of enrolments must be given on or after the 77
th day, but not later than on the 63rd day, before election day by —(a) the Electoral Commissioner if the Electoral Commissioner is responsible for the conduct of the election; or
(b) the CEO in any other case.
(3) The notice is to give details of the steps that a person can take to become an elector before the close of enrolments
[i.e. enrolling as an elector for the Legislative Assembly in respect of a residence in the district or ward (section 4.29) or making an enrolment eligibility claim in respect of the district or ward (sections 4.30 and 4.32)] .(4) If, under section 4.37(3), a previous electoral roll is going to be used for the election, no notice is to be published under subsection (2).
(1) Subject to section 4.37(3), on or before the 63
rd day before election day, the CEO is to advise the Electoral Commissioner of the need to prepare a residents roll for the election.(2) On or before the 43
rd day before election day, the Electoral Commissioner is to prepare a residents roll for the election and forward a copy of it to the CEO.(3) The residents roll is to include the names of all persons who were electors of the district or ward under section 4.29 at the close of enrolments (other than persons who will be under 18 years of age on election day) and is to be certified to that effect by the Electoral Commissioner.
(1) On or before the 43
rd day before election day, the CEO is to prepare an owners and occupiers roll for the election.(2) The owners and occupiers roll is to include the names of all persons who were electors of the district or ward under section 4.30 at the close of enrolments (other than persons who will be under 18 years of age on election day) and is to be certified to that effect by the CEO.
(1) The CEO is to ensure that the returning officer has as many copies of the residents and owners and occupiers rolls as the returning officer may require for the purposes of the election.
(2) Copies of rolls are to be supplied, free of charge, to members of the council and candidates in accordance with regulations.
(3) Regulations may require, or otherwise make provision in relation to, any of the following in relation to a copy of a roll supplied under subsection (1) or (2) (the
supplied copy ) —(a) the destruction of the supplied copy;
(b) if the supplied copy is in electronic form — the deletion of the supplied copy;
(c) the making of a statutory declaration relating to the destruction or deletion of the supplied copy and the providing of the statutory declaration to the CEO or Electoral Commissioner.
(4) In subsection (3)(a) to (c), references to the supplied copy include —
(a) other copies of the roll, or other documents or information, derived (directly or indirectly and wholly or partly) from the supplied copy; and
(b) any documents or information containing details supplied under section 4.43(3b) relating to the roll.
(1) On or before the 29
th day before election day the returning officer is to delete from the owners and occupiers roll the name of any person whose name also appears on the residents roll.(2) Subsection (1) does not apply if the rolls have been consolidated.
(3) The returning officer may alter the residents and owners and occupiers rolls —
(a) by including the name of an elector whose name has been omitted in error; or
(b) by omitting the name of a person whose name has been included in error; or
(c) in any other manner that may be necessary to correct the rolls.
(3a) If the returning officer is not the CEO, the returning officer may direct the CEO to make the alterations to the rolls described in subsections (1) and (3) and the CEO is to comply with that direction.
(3b) If a roll is altered under this section or section 4.44A after it has been supplied under section 4.42(2) to members of the council and candidates, the returning officer is to supply details of the alteration to those members and candidates in accordance with regulations.
(4) Regulations may provide for the making of applications to have rolls corrected, the certification of corrections and procedures to be followed in altering or correcting the rolls.
(1) The returning officer may alter the owners and occupiers roll by including the name of an elector whose enrolment eligibility claim was made under section 4.32(1) before the close of enrolments, as defined in section 4.39(1), but accepted after that time.
(2) If the returning officer is not the CEO, the returning officer may direct the CEO to make an alteration to the roll described in subsection (1) and the CEO is to comply with that direction.
An elector’s name is not to appear more than once on the same electoral roll.
(1) If anything required by this Act to be done in connection with the preparation of an electoral roll has not been done within the time, or for the period or before the date allowed or required under this Act, the Minister may, by notice published in the
Gazette —(a) direct it to be done; and
(b) adjust any time period or date fixed under this Act in order to enable it to be done.
(2) When an omission or non‑compliance is rectified in accordance with a notice under subsection (1), the electoral roll is validated as set out in the notice.
(3) A notice under this section has effect in accordance with its terms despite anything in this Act.
(1) If the Minister is satisfied that an electoral roll has not been properly prepared in accordance with this Division, the Minister may, by notice published in the
Gazette , direct that a fresh electoral roll be prepared in accordance with directions set out in the notice.(2) An electoral roll prepared under subsection (1) supersedes a previous electoral roll.
(3) A notice under this section has effect in accordance with its terms despite anything in this Act.
(1) In this section —
(a) means any information that is supplied to a person (
person X ) under section 4.42(2) or 4.43(3b); and(b) includes any information that is derived (directly or indirectly and wholly or partly) from any information supplied to person X as referred to in paragraph (a);
(2) Person X must not use enrolment information, except for any of the following purposes —
(a) if applicable — a purpose connected with person X’s candidature in the election;
(b) if applicable — the performance of person X’s functions as a member of the council after the election;
(c) a prescribed purpose.
Penalty for this subsection: imprisonment for 12 months and a fine of $12 000.
(3) Subsection (2)(a) to (c) do not permit the use of enrolment information for a commercial purpose.
(4) Person X must not use enrolment information for a commercial purpose.
Penalty for this subsection: imprisonment for 24 months and a fine of $24 000.
(5) Person X must take all reasonable steps to ensure that any person to whom any information that is enrolment information is supplied (whether by person X or another person) —
(a) is informed, no later than the time of supply, that, as the case requires —
(i) the information was supplied to person X under section 4.42(2) or 4.43(3b); or
(ii) the information was derived (directly or indirectly and wholly or partly) from information supplied to person X under section 4.42(2) or 4.43(3b);
and
(b) does not use the information except for a purpose for which person X is permitted to use the information under subsection (2)(a), (b) or (c).
Penalty for this subsection: imprisonment for 12 months and a fine of $12 000.
(6) Except as permitted under subsection (7), a person (
person Y ) must not use any information that is enrolment information if person Y has been informed or otherwise come to know, or has reasonable grounds for believing, that the information —(a) was supplied to person X under section 4.42(2) or 4.43(3b); or
(b) was derived (directly or indirectly and wholly or partly) from information supplied to person X under section 4.42(2) or 4.43(3b).
Penalty for this subsection: imprisonment for 12 months and a fine of $12 000.
(7) Person Y may use the information for a purpose for which person X is permitted to use the information under subsection (2)(a), (b) or (c).
(8) A person (
person Z ) must not use any information that is enrolment information for a commercial purpose if person Z has been informed or otherwise come to know, or has reasonable grounds for believing, that the information —(a) was supplied to person X under section 4.42(2) or 4.43(3b); or
(b) was derived (directly or indirectly and wholly or partly) from information supplied to person X under section 4.42(2) or 4.43(3b).
Penalty for this subsection: imprisonment for 12 months and a fine of $12 000.
(9) Without limiting section 4.97, a prosecution for either of the following may be commenced by the Electoral Commissioner or a person authorised by the Electoral Commissioner —
(a) an offence against this section;
(b) an offence against section 4.95 of attempting to commit an offence against this section.
(10) Nothing in this section prevents a person from doing anything to comply with regulations made for the purposes of section 4.42(3).
(1) Statewide public notice calling for nominations of candidates for the election must be given on or after the 63
rd day, but not later than on the 52nd day, before election day by —(a) the Electoral Commissioner if the Electoral Commissioner is responsible for the conduct of the election; or
(b) the returning officer in any other case.
(2) The notice calling for nominations is to specify —
(a) the kind of election to be held and the vacancy or vacancies to be filled; and
(b) the place where nominations may be delivered or sent (the
nomination place ); and(c) the period within which nominations have to be delivered or sent; and
(d) any other arrangements made for the receipt by the returning officer of nominations.
(1) If the election is to fill an office or offices of councillor, a person can only be a candidate if the person was an elector of the district who, as at the close of enrolments, was qualified under section 2.19 to be elected as a member of the council and, at the time of nomination —
(a) the person is qualified under section 2.19 to be elected as a member of the council; and
(b) the person is not a candidate in another election to fill an office or offices of councillor on the council; and
(c) the person is not the holder of an office of member of a council other than an office the term of which will end on, or before, election day; and
(d) the person has completed the course of induction prescribed for the purposes of this subsection.
(2) If the election is to fill the office of elector mayor or president, a person can only be a candidate if —
(a) the person was an elector of the district who, as at the close of enrolments and at the time of nomination, was qualified under section 2.19 to be elected as a member of the council; and
(b) at the time of nomination, the person has completed the course of induction prescribed for the purposes of this subsection.
The nomination of a candidate is only effective if —
(a) a completed nomination paper, in the prescribed form, is received by the returning officer at the nomination place (by delivery, post, facsimile or other prescribed means) within the period beginning on the 51
st day before election day and ending at 4 p.m. on the 44th day before election day (theclose of nominations ); and(b) a profile of the candidate, prepared in accordance with regulations, accompanies the nomination paper; and
(ba) the nomination paper is accompanied by any prescribed information for publication under section 4.52; and
(bb) if the candidate is an occupier (as defined in section 2.19(2B)) — the nomination paper is accompanied by the following for the purpose of establishing that a requirement prescribed for the purposes of section 2.19(2A) is met or was met at the close of enrolments —
(i) any statutory declaration required under regulations;
(ii) any other prescribed information, document or item;
and
(c) evidence that the nomination is made by or with the consent of the candidate is given to the returning officer in a prescribed manner on or with the nomination paper or before the close of nominations; and
(d) payment of the prescribed deposit in a prescribed manner is received by the returning officer when the nomination paper is received or before the close of nominations.
A deposit is to be dealt with in accordance with regulations and is refundable in such circumstances as are set out in regulations.
(1) The returning officer is to reject a nomination if —
(a) it is not effective under section 4.49; or
(b) the candidate is not an elector of the district or was not an elector of the district as at the close of enrolments; or
(ba) as at the close of enrolments, the candidate was not qualified to be elected as a member of a council due to section 2.19(2); or
(bb) the candidate is not qualified, or was not qualified as at the close of enrolments, to be elected as a member of the council due to regulations made for the purposes of section 2.19(2A); or
(c) in the case of a candidate for election as a councillor, the candidate is not eligible to be a candidate because of section 4.48(1)(b) or (c).
(2) If none of subsection (1)(a), (b), (ba), (bb) or (c) apply the returning officer is to accept the nomination.
(3) Despite subsection (1)(a), if the profile of the candidate does not meet the requirements of regulations, the returning officer may amend the profile to meet those requirements and accept the nomination with the amended profile.
(4) If the returning officer rejects a nomination or amends a profile the returning officer is to give written notice of the decision, and the reasons for it, to the candidate without delay.
(1) In this section —
(a) the following details —
(i) the candidate’s name;
(ii) the name to appear on the ballot paper;
(iii) the ward (if any) in respect of which the candidate has nominated;
(iv) the office for which the candidate has nominated;
(v) the type of election in which the candidate has nominated;
and
(b) the profile that accompanied the candidate’s nomination paper under section 4.49(b) (as amended under section 4.51(3) if relevant); and
(c) any information that accompanied the candidate’s nomination paper under section 4.49(ba); and
(d) any other prescribed information.
(2) If a nomination is accepted, the returning officer must ensure that the candidate’s relevant information is published on the local government’s official website.
(3) A candidate’s relevant information must be kept on the local government’s official website —
(a) if section 4.55 or 4.57(2)(a) applies — until the result is declared under section 4.77; or
(b) otherwise — until 6 p.m. on election day.
(4) Regulations may do either or both of the following —
(a) make provision in relation to how a candidate’s relevant information must be published on the local government’s official website under this section;
(b) make provision for a candidate’s relevant information, or any part of a candidate’s relevant information, to be published, or otherwise made available to electors, in ways in addition to its publication on the local government’s official website under this section.
(1) The nomination of a candidate is cancelled if the candidate withdraws the nomination or dies before the close of nominations.
(2) The withdrawal of a nomination is only effective if —
(a) written notice of it is received by the returning officer at the nomination place (by delivery, post, facsimile or other prescribed means) before the close of nominations; and
(b) evidence that the withdrawal is made by or with the consent of the candidate is given to the returning officer in a prescribed manner on or with the withdrawal notice or before the close of nominations.
(3) If a nomination is cancelled, the returning officer must ensure —
(a) that the candidate’s relevant information (as defined in section 4.52(1)) is removed from the local government’s official website; and
(b) that notice of the cancellation is published on that website until the close of nominations.
(4) If a person who is a candidate in both an election to fill the office of mayor or president and an election to fill an office or offices of councillor on the council is elected unopposed under section 4.55 to fill the office of mayor or president, the nomination of the person as a candidate in the other election is to be regarded for the purposes of this Act as having been cancelled immediately before the close of nominations.
(1) As soon as possible after nominations have closed the returning officer is to declare the nominations that have been accepted and have not been cancelled.
(2) The declaration is to be made at the nomination place in the presence of any candidates and other people who wish to attend.
If, at the close of nominations, the number of candidates is equal to the number of offices to be filled at the election, the candidate or candidates is or are elected unopposed.
If, at the close of nominations, the number of candidates is greater than the number of offices to be filled at the election —
(a) lots are to be drawn in accordance with regulations for the positions of the candidates on the ballot papers for the election; and
(b) the returning officer is to begin preparing for voting by the electors.
(1) If, at the close of nominations, there are no candidates for the office or offices to be filled at the election, an extraordinary election is to be held to fill the office or offices as if it or they had become vacant on the day after the close of nominations.
(2) If, at the close of nominations, the number of candidates is less than the number of offices to be filled at the election —
(a) the candidate or candidates is or are elected; and
(b) an extraordinary election is to be held to fill the remaining office or offices as if it or they had become vacant on the day after the close of nominations.
(3) If, at the close of nominations for an extraordinary election required under subsection (1) or (2) there are no candidates or the number of candidates is less than the number of offices to be filled at the election, the council may appoint* to any unfilled office a person who would be eligible to be a candidate for election to the office and who is willing to accept the appointment.
(4) A person appointed under subsection (3) is to be regarded as having been elected.
(1) If section 4.56 applies and a candidate dies after the close of nominations but before the vacant office or offices is or are filled, the election is void and an extraordinary election is to be held to fill the office or offices as if it or they had become vacant on the death of the candidate.
(2) If a candidate who has been elected dies before the candidate’s term of office begins, an extraordinary election is to be held to fill the office to which the candidate had been elected as if it had become vacant on the death of the candidate.
Regulations may provide for —
(a) the provision of information as to gifts made to or for the benefit of candidates; and
(b) the control of the electioneering activities and practices of candidates; and
(c) the provision of information as to expenditure incurred in relation to an election by or for the benefit of candidates.
If section 4.56 applies and the election is not void under section 4.58(1), the electors may vote to elect a candidate or candidates to fill the vacant office or offices.
(1) The election can be conducted as a —
(2) The local government may decide* to conduct the election as a postal election.
(3) A decision under subsection (2) has no effect if it is made after the 80
th day before election day unless a declaration has already been made in respect of an election for the local government and the declaration is in respect of an additional election for the same local government.(4) A decision under subsection (2) has no effect unless it is made after a declaration is made under section 4.20(4) that the Electoral Commissioner is to be responsible for the conduct of the election or in conjunction with such a declaration.
(5) A decision made under subsection (2) on or before the 80
th day before election day cannot be rescinded after that 80th day.(6) For the purposes of this Act, the poll for an election is to be regarded as having been held on election day even though the election is conducted as a postal election.
(7) Unless a resolution under subsection (2) has effect, the election is to be conducted as a voting in person election.
(1) For every election in a district or a ward the returning officer is to ensure that there will be at least one polling place in the district that is open between 8 a.m. and 6 p.m. on election day.
(2) For a voting in person election in a district that is divided into wards, the returning officer is to ensure that there will be at least one polling place in each ward that is open between 8 a.m. and 6 p.m. on election day unless the returning officer determines that, in respect of a particular ward, it is not necessary or not practicable —
(a) to open a polling place in that ward on election day; or
(b) for there to be a polling place in that ward that is open all the time between 8 a.m. and 6 p.m. on election day.
(3) For a voting in person election in a ward the returning officer is to ensure that there will be at least one polling place in the ward that is open between 8 a.m. and 6 p.m. on election day unless the returning officer determines that it is not necessary or not practicable —
(a) to open a polling place in that ward on election day; or
(b) for there to be a polling place in that ward that is open all the time between 8 a.m. and 6 p.m. on election day.
4.63. Presiding and other officers, appointment of (1) The electoral officers appointed by the returning officer are to include a presiding officer and one or more other electoral officers for each polling place.
(2) The returning officer may appoint himself or herself to be the presiding officer for a polling place.
(1) As soon as practicable after preparations for the election have been completed (but not later than on the 26
th day before election day) Statewide public notice about the election must be given in accordance with regulations including details of how, when and where the election will be conducted and who the candidates are.(1A) The Statewide public notice must be given by —
(a) the Electoral Commissioner if the Electoral Commissioner is responsible for the conduct of the election; or
(b) the returning officer in any other case.
(2) The Statewide public notice is called the
election notice .
(1) An elector may vote at the election if the elector’s name —
(a) is on the electoral roll used for the election; or
(b) was omitted in error from the electoral roll used for the election.
(2) If an elector’s name has changed, the reference in subsection (1) to the elector’s name includes a reference to the former name.
(3) A person who is not an elector, or who is under 18 years of age on election day, cannot vote at the election even if the person’s name is on the electoral roll used for the election.
An elector is not to vote more than once at the election.
In a voting in person election —
(a) a vote (
absent vote ) may be cast before election day at the offices of another local government in such circumstances as are set out in regulations;(b) a vote (
early vote ) may be cast before election day at the local government’s offices, or at a place notified for that purpose in the election notice, in such circumstances as are set out in regulations;(c) a vote in person on election day may be cast at a polling place appointed for the election.
(1) In a voting in person election —
(a) an elector may cast an early or absent vote as soon as the election notice is given;
(b) an early vote may be cast not later than 4 p.m. on the day before election day;
(c) an absent vote may be cast not later than 4 p.m. on the 4
th day before election day;(d) a postal vote may be posted or delivered at any time after the relevant voting papers are issued but can only be accepted if it is received by an electoral officer in accordance with regulations not later than 6 p.m. on election day;
(e) a vote in person on election day may be cast between 8 a.m. and 6 p.m.
(2) In a postal election a vote may be posted or delivered at any time after the relevant voting papers are issued but can only be accepted if it is received by an electoral officer in accordance with regulations not later than 6 p.m. on election day.
(1) This section sets out how votes are cast at an election.
(2) An elector must cast 1 first‑preference vote by writing on the ballot paper the numeral 1 in the square opposite the name of the candidate for whom the elector votes as the elector’s first preference.
(3) If there are 2 or more other candidates, the elector may cast preference votes by writing consecutive numerals from 2 (without repetition of any numeral) in the squares opposite the names of other candidates to indicate the order of the elector’s preference for those other candidates.
(4) The elector —
(a) may cast preference votes under subsection (3) for 1 or more of the other candidates; and
(b) does not have to cast preference votes for all of the other candidates.
(5) Regulations made for the purposes of section 4.71(1)(a) must provide for ballot papers to have squares opposite the names of candidates for the purpose of giving effect to subsections (2) and (3).
(1) The presiding officer is in charge of a polling place and has power to take any reasonable steps to ensure that voting is conducted in a peaceful and orderly manner.
(2) Without limiting subsection (1) the presiding officer may remove or exclude from the polling place any person who is disrupting or may disrupt the poll.
(3) For the purposes of this section the presiding officer may call on a member of the Police Force for assistance and a member of the Police Force is to render assistance if called on to do so.
(1) Regulations are to include provisions about —
(a) the form, content and printing of voting papers; and
(b) measures to ensure that, so far as practicable, all electors who can vote are issued with voting papers for postal votes for a postal election; and
(c) applying for and issuing postal votes for a voting in person election (and may provide for applications to have effect for successive elections); and
(d) completing, transmitting and dealing with voting papers for postal votes; and
(e) applying for, issuing, completing, and dealing with voting papers for absent votes and early votes; and
(f) issuing, completing and dealing with ballot papers for votes cast in person on election day; and
(g) measures to be taken to ensure that ballot papers are marked in secret; and
(h) the design, preparation, use, supervision and security of ballot boxes for the receipt of ballot papers; and
(i) the assistance that may be given to electors who are unable to vote without assistance; and
(j) the appointment of scrutineers for candidates and the rights and obligations of scrutineers; and
(k) the adjournment of the poll in the case of riot, violence or other cause; and
(l) any other matter relating to the casting of votes at elections or to votes so cast.
(2) In this section —
(1) As soon as is practicable after voting has finished the returning officer is to arrange for the votes to be counted and ascertain the result of the election.
(2) The votes are to be counted at the place or places notified for the purpose in the election notice or, if that is impracticable because of riot, violence or other cause, at any other place appointed by the returning officer.
(3) Subject to any directions of the returning officer, candidates and scrutineers may be present when the votes are counted.
(4) The counting of votes may involve re‑counts of votes under section 4.72A.
(1) The returning officer may arrange for some or all of the votes to be re‑counted if, and to the extent that, the returning officer considers appropriate.
(2) The returning officer may arrange a re‑count under subsection (1) —
(a) on the returning officer’s own initiative; or
(b) on the written request of a candidate or scrutineer, which must —
(i) be made before the returning officer declares the result of the election under section 4.77; and
(ii) include the candidate’s or scrutineer’s reasons for the request.
(3) Regulations may prescribe circumstances in which the returning officer must arrange for some or all of the votes to be re‑counted to the extent prescribed.
(4) In the course of a re‑count under subsection (1) or (3), the returning officer may review a decision to accept or reject a ballot paper.
(5) A re‑count under subsection (1) or (3) must be conducted before the returning officer declares the result of the election under section 4.77.
(1) If the election is to fill the office of mayor or president and any candidate is also a candidate in an election to fill an office or offices of councillor on the council held on the same election day, the result of the election for mayor or president is to be ascertained before the result of the other election is ascertained.
(2) If the election is to fill an office or offices of councillor and any candidate has been elected to fill the office of mayor or president on the council at an election held on the same election day, that candidate cannot be elected to an office of councillor.
(3) When subsection (2) applies, if the number of other candidates is equal to the number of offices to be filled at the election —
(a) the other candidate or candidates is or are elected unopposed; and
(b) the votes are to be counted —
(i) only if 2 or more of the councillors elected at that election will retire on different days; and
(ii) only for the purpose of applying the provisions of Schedule 4.2 about the order of retirement of councillors.
(4) When subsection (2) applies, if the number of other candidates is greater than the number of offices to be filled at the election, the counting of votes is to proceed.
(5) When votes are counted under subsection (3)(b) or (4) —
(a) if a ballot paper contains a first‑preference vote for the candidate who has been elected to the office of mayor or president —
(i) the first‑preference vote must be disregarded; and
(ii) the ballot paper must be treated as if any numeral indicating a preference for another candidate had been altered accordingly;
and
(b) if a ballot paper contains a preference vote for the candidate who has been elected mayor or president —
(i) the preference vote must be disregarded; and
(ii) the ballot paper must be treated as if any numeral indicating a subsequent preference for another candidate had been altered accordingly.
(6) In subsection (5) —
(1) This section applies if —
(a) the election is to fill the office of mayor or president; and
(b) any candidate is a councillor on the council whose office would become vacant under section 2.32(1)(f) were they to be elected mayor or president; and
(c) on the same election day —
(i) if the district is not divided into wards — there is an election to fill an office or offices of councillor on the council; or
(ii) if the district is divided into wards — there is an election to fill an office or offices of councillor on the council for the ward for which the candidate referred to in paragraph (b) is a councillor.
(2) The result of the election for mayor or president must be ascertained before the result of the election referred to in subsection (1)(c)(i) or (ii).
The votes are to be counted, and the result of the election ascertained, in accordance with Schedule 4.1.
(1) The returning officer may accept a ballot paper that, in the returning officer’s opinion, clearly indicates the elector’s wishes as required or authorised by section 4.69 even if the ballot paper is not marked precisely in accordance with section 4.69.
(2) In accepting a ballot paper under subsection (1) the returning officer, if appointed under section 4.20(4), is to have regard and give effect to any directions or guidelines given by the Electoral Commissioner.
(3) Regulations may do either or both of the following —
(a) without limiting the returning officer’s discretion to accept a ballot paper under subsection (1) —
(i) prescribe circumstances in which the returning officer must accept a ballot paper even if the ballot paper is not marked precisely in accordance with section 4.69; and
(ii) prescribe how the returning officer must treat a ballot paper when counting votes if the ballot paper was accepted under regulations made for the purposes of subparagraph (i);
(b) prescribe circumstances in which the returning officer must reject a ballot paper (despite subsection (1) or otherwise).
Unless a Court of Disputed Returns decides otherwise, the returning officer’s decision about the acceptance or rejection of a ballot paper is final but this does not prevent the returning officer from reviewing the decision in the course of a re‑count of votes as referred to in section 4.72A(4).
As soon as is practicable after the result of the election is known under section 4.55, 4.57 or 4.72, the returning officer is to declare and give notice of the result in accordance with regulations.
Note for this section:
See Schedule 4.1A clause 19 and Schedule 4.1B clause 1(5) for further provisions relating to declarations and notices under this section.
(1) If the election is to fill an office or offices of councillor, the returning officer, when declaring the result, is to declare the term for which and, if necessary, the vacant office to which, each successful candidate is elected.
(2) For the purpose of subsection (1) the returning officer is to make any determination that is necessary to give effect to the provisions of Schedule 4.2 about the order of retirement of councillors.
(1) A returning officer is to provide the Minister with a report as to the result of the election.
(2) The report under subsection (1) —
(a) is to be provided within the prescribed period; and
(b) is to deal with the matters prescribed for the purposes of subsection (1).
(3) On being directed by the Minister to do so the returning officer, if appointed under section 4.20(1) or (2), is to provide the Minister with a report on the conduct of the election dealing with the matters set out in the direction or prescribed for the purposes of this subsection.
(4) If the Electoral Commissioner is responsible for the conduct of the election, the Electoral Commissioner may provide the Minister with a report on the conduct of the election.
(1) A person who is dissatisfied with the result of an election or with the way in which an election was conducted may make an invalidity complaint.
(2) In this Division —
(a) that the election is invalid; or
(b) that another person should be declared elected; or
(c) that the term of office of a councillor should be longer or shorter than the term determined by the returning officer; or
(d) that a declaration made under Schedule 4.1A clause 19 or Schedule 4.1B clause 1(5) by the returning officer should be changed.
(1) An invalidity complaint is to be made to a Court of Disputed Returns, constituted by a magistrate, but can only be made within 28 days after notice is given of the result of the election.
(2) Regulations may provide for the way in which an invalidity complaint can be made to a Court of Disputed Returns, the way in which the court can deal with it and the declarations and orders that the court can make.
(3) If the court declares the election to have been invalid —
(a) the election is null and void; and
(b) any office of member filled at the election is vacant; and
(ba) any declaration made under Schedule 4.1A clause 19 or Schedule 4.1B clause 1(5) by the returning officer is of no effect; and
(bb) any office of member filled under Schedule 4.1A or 4.1B by a candidate in the election is vacant; and
(c) the court is to fix a day for holding any poll needed for a fresh election; and
(d) the returning officer is to prepare for, conduct and ascertain and declare the result of the fresh election.
(4) If the court declares that a person (
candidate A ) ought to have been elected in place of another person (candidate B ) —(a) candidate B is not to act as a member of the council; and
(b) candidate A is to be regarded as having been elected; and
(c) notice of candidate A’s election is to be published in accordance with regulations.
(5) If the court declares that a declaration under Schedule 4.1A clause 19 or Schedule 4.1B clause 1(5) (the
original declaration ) should be changed —(a) the court may make a declaration to replace the original declaration; and
(b) if the court makes a declaration under paragraph (a), the declaration —
(i) is to be regarded as a declaration under Schedule 4.1A clause 19 or Schedule 4.1B clause 1(5) (as the case requires); and
(ii) must be published in accordance with regulations;
and
(c) the court may otherwise make any orders that the court thinks fit, including (without limitation) any of the following —
(i) an order that a person who has been elected to the council under Schedule 4.1A or 4.1B is not to act as a member of the council;
(ii) an order that a person is to be regarded as having been elected to the council under Schedule 4.1A or 4.1B;
(iii) an order that Schedule 4.1A or 4.1B be applied or reapplied, with any modifications specified in the order, in relation to a vacancy.
There is no appeal from a decision of a Court of Disputed Returns.
An election is not invalid because of —
(a) a failure to do something in connection with the election within the time, or for the period or before the date allowed or required under this Act, so long as the failure does not affect the result of the election; or
(b) an irregularity or defect in the appointment or authorisation of an electoral officer; or
(c) a formal omission, irregularity or defect in a document, declaration, publication or other thing that a person has made, issued or done in good faith.
Regulations may include provisions about —
(a) the collection, retention and disposal of papers used in or for the purposes of an election; and
(b) the purposes for which and circumstances in which those papers may be inspected.
(1) A person who —
(a) promises, offers or suggests a reward for, or on account of, or to induce, electoral conduct or a promise of electoral conduct; or
(b) gives, takes or seeks a reward for, or on account of, electoral conduct or a promise of electoral conduct,
commits an offence.
Penalty for this subsection: imprisonment for 24 months and a fine of $24 000.
(2) A person who —
(a) threatens, offers or suggests detriment for, or on account of, or to induce, electoral conduct or a promise of electoral conduct; or
(b) uses, causes, inflicts or procures detriment for or on account of, electoral conduct; or
(c) interferes with the free exercise of the franchise of an elector,
commits an offence.
Penalty for this subsection: imprisonment for 12 months and a fine of $12 000.
(3) The making of a declaration of public policy or a promise of public action does not give rise to an offence against this section.
(4) In this section —
(a) candidature at an election; or
(b) withdrawal of candidature from an election; or
(c) a vote, or an omission to vote, at an election; or
(d) support of, or opposition to, a candidate for election;
An electoral officer who —
(a) attempts to influence the vote of an elector, or, except by recording that vote, the result of an election; or
(b) discloses, except under compulsion of law, knowledge officially acquired concerning the vote of an elector; or
(c) refuses or wilfully neglects to discharge a duty imposed under this Part or otherwise contravenes a provision of this Part,
commits an offence.
Penalty: imprisonment for 12 months and a fine of $12 000.
(1) A person who prints, publishes or distributes electoral material or causes electoral material to be printed, published or distributed, commits an offence unless —
(a) in the case of all electoral material, the name and address (not being a post‑office box) of the person who authorised the electoral material appears at the end of the electoral material; and
(b) in the case of electoral material that is printed otherwise than in a newspaper, the name and business address of the printer appears at the end of the electoral material.
Penalty for this subsection: a fine of $5 000.
(2) Subsection (1) does not apply to electoral material on an item included in a prescribed class of items.
(3) In this section —
(1) A person must not, during the relevant period in relation to an election —
(a) print, publish or distribute deceptive material; or
(b) cause deceptive material to be printed, published or distributed.
Penalty for this subsection: imprisonment for 12 months and a fine of $12 000.
(2) It is a defence to a charge under subsection (1) to prove that the accused person did not know, and could not reasonably have been expected to know, that the material was likely to mislead or deceive an elector in relation to the casting of the elector’s vote.
[(3) deleted] (4) In this section —
(1) If, on any day on which polling for an election takes place, a person —
(a) canvasses for votes; or
(b) solicits the vote of an elector; or
(c) induces an elector not to vote for a particular candidate; or
(d) induces an elector not to vote at the election,
in a polling place or within 6 m from the entrance to a polling place, that person commits an offence.
Penalty for this subsection: a fine of $5 000.
(2) It is a defence to a charge under subsection (1) to prove that the accused person was within 6 m of the entrance to a polling place with the approval of the presiding officer.
(1) A person who makes a statement in an application, form, nomination, return, declaration or certificate or other document under this Part relating to an election, or in answer to a question authorised to be asked under this Part, knowing the statement to be false, commits an offence.
Penalty for this subsection: imprisonment for 12 months and a fine of $12 000.
(2) A person who induces another person to commit an offence against subsection (1) also commits an offence against subsection (1).
(1) A person who —
(a) forges or fraudulently defaces or destroys a ballot paper or nomination paper; or
(b) fraudulently puts a ballot paper into a ballot box; or
(c) wilfully destroys, takes, opens or otherwise interferes with any ballot box or ballot papers without authority; or
(d) personates any elector,
commits an offence.
Penalty for this subsection: imprisonment for 24 months and a fine of $24 000.
(2) A person who —
(a) supplies a ballot paper without authority; or
(b) is in possession of an unauthorised ballot paper; or
(c) votes more than once in an election; or
(d) marks a ballot paper without authority,
commits an offence.
Penalty for this subsection: imprisonment for 12 months and a fine of $12 000.
(3) A person who fraudulently leaves a polling place with a ballot paper commits an offence.
Penalty for this subsection: imprisonment for 12 months and a fine of $12 000.
(1) A candidate in an election, or a person authorised to act on behalf of a candidate in connection with an election, who, in relation to the election —
(a) applies undue influence or pressure on an elector to apply for a postal vote; or
(b) interferes with an elector while the elector is applying for a postal vote; or
(c) takes custody of an envelope in which there is a postal vote; or
(d) causes any other person, not being the elector whose vote is in the envelope, to do anything referred to in paragraph (c),
commits an offence.
Penalty for this subsection: imprisonment for 24 months and a fine of $24 000.
(2) For the purposes of the application of subsection (1) to a person authorised to act on behalf of a candidate in connection with an election, it does not matter if the person was not authorised to do the act referred to in subsection (1)(a), (b), (c) or (d).
A person who —
(a) unlawfully communicates with, assists or interferes with an elector while the elector is marking a ballot paper; or
(b) unlawfully looks at or becomes acquainted with the vote of an elector; or
(c) discloses the vote of an elector,
commits an offence.
Penalty: imprisonment for 12 months and a fine of $12 000.
A person who —
(a) when in a polling place on a day on which polling is taking place, misconducts himself or herself or fails to obey the reasonable instructions of an electoral officer; or
(b) re‑enters a polling place without permission after being removed from the polling place under section 4.70; or
(c) not being a candidate in an election, canvasses at the election while the person is an employee of the local government in question; or
(d) wilfully defaces, mutilates, destroys or removes a notice, list or other document which an electoral officer, acting within the scope of the electoral officer’s authority, has exhibited or caused to be exhibited; or
(e) bets on the result of an election,
commits an offence.
Penalty: a fine of $5 000.
An attempt to commit an offence against this Part is an offence punishable as if the offence had been committed.
(1) The Electoral Commissioner or the returning officer may investigate whether misconduct, malpractice or maladministration has occurred in relation to an election.
(2) An investigation can be carried out on the initiative of the Electoral Commissioner or returning officer or in response to a complaint or information received from any other person (including a candidate).
(3) For the purposes of an investigation the Electoral Commissioner or returning officer has the same powers, and protection from liability, as an authorised person has under Part 8, Division 1.
(4) Section 8.11 applies in relation to a direction given by the Electoral Commissioner or returning officer in the course of an investigation.
(5) After carrying out an investigation under this section the Electoral Commissioner may provide the Minister with a report on the investigation.
(6) After carrying out an investigation under this section the returning officer is to provide the Minister with a report on the investigation.
(7) This section has effect in addition to Part 8 and does not prevent or affect the exercise of any power under that Part.
(1) A prosecution for an offence against this Part may be commenced by the returning officer or any person referred to in section 9.24(1).
(2) If the returning officer commences a prosecution for an offence against this Part —
(a) the local government is to pay any expenses incurred by, and any costs awarded against, the returning officer in connection with the proceedings; and
(b) the returning officer is to pay to the local government any fees or costs paid to the returning officer in respect of the proceedings.
Chapter XIV of
(1) To the extent to which the provisions of this Part are capable of being applied with or without adaptation in respect of polls under another Part, those provisions apply with or without adaptation in respect of those polls.
(2) Despite subsection (1), regulations may make necessary or convenient provisions in relation to preparing for, conducting and ascertaining the result of polls under another Part of this Act and for ensuring the purity of the conduct of them.
(3) Regulations may make necessary or convenient provisions in relation to preparing for, conducting and ascertaining the result of polls and referendums held by local governments, whether under local laws or otherwise, and for ensuring the purity of the conduct of them.
(4) Without limiting subsection (2) or (3), regulations may provide for the electoral rolls that are to be used, or prepared and used, for polls and referendums.
(a) council meetings, committees and their meetings and electors’ meetings; and (b) the employment of persons by local governments and matters relating to local government employees; and (c) annual reports and plans; and (d) the disclosure of financial interests in matters affecting local government decisions and in returns; and (e) public access to local government information; and (f) the limitation of the payment of fees, expenses and allowances to council and committee members, mayors and presidents; and (g) codes of conduct.
In this Part, unless the contrary intention appears —
The council of a local government is to ensure that there is an appropriate structure for administering the local government.
(1A) A council deliberates, and makes its decisions, at meetings held in accordance with this Act.
(1) A council is to hold ordinary meetings and may hold special meetings.
(2) Ordinary meetings are to be held not more than 3 months apart.
(3) If a council fails to meet as required by subsection (2) the CEO is to notify the Minister of that failure.
An ordinary or a special meeting of a council is to be held —
(a) if called for by either —
(i) the mayor or president; or
(ii) at least
1 /3 of the councillors,
in a notice to the CEO setting out the date and purpose of the proposed meeting; or
(b) if so decided by the council.
(1) The CEO is to convene an ordinary meeting by giving each council member at least 72 hours’ notice of the date, time and place of the meeting and an agenda for the meeting.
(2) The CEO is to convene a special meeting by giving each council member notice, before the meeting, of the date, time, place and purpose of the meeting.
(1) The mayor or president is to preside at all meetings of the council.
(2) If the circumstances mentioned in section 5.34(a) or (b) apply the deputy mayor or deputy president may preside at a meeting of the council in accordance with that section.
(3) If the circumstances mentioned in section 5.34(a) or (b) apply and —
(a) the office of deputy mayor or deputy president is vacant; or
(b) the deputy mayor or deputy president is not available or is unable or unwilling to perform the functions of mayor or president,
then, the council is to choose one of the councillors present to preside at the meeting.
(1) The Minister may reduce the number of offices of member required for a quorum at a council meeting specified by the Minister if there would not otherwise be a quorum for the meeting.
(2) The Minister may reduce the number of offices of member required at a council meeting to make a decision specified by the Minister if the decision is one which would otherwise be required to be made by an absolute majority and a sufficient number of members would not otherwise be present at the meeting.
A local government may establish* committees of 3 or more persons to assist the council.
Note for this section:
A local government may delegate powers and duties to a committee under section 5.16.
(1) In this section —
(2) A committee is to comprise —
(a) council members only; or
(b) council members and employees; or
(c) council members, employees and other persons; or
(d) council members and other persons; or
(e) employees and other persons; or
(f) other persons only.
5.10. Appointment of committee members (1) A committee is to have as its members —
(a) persons appointed* by the local government to be members of the committee (other than those referred to in paragraph (b)); and
(b) persons who are appointed to be members of the committee under subsection (4) or (5).
(2) At any given time each council member is entitled to be a member of at least one committee referred to in section 5.9(2)(a) or (b) and if a council member nominates himself or herself to be a member of such a committee or committees, the local government is to include that council member in the persons appointed under subsection (1)(a) to at least one of those committees as the local government decides.
(3) Section 52 of the
Interpretation Act 1984 applies to appointments of committee members other than those appointed under subsection (4) or (5) but any power exercised under section 52(1) of that Act can only be exercised on the decision of an absolute majority of the council.(4) If at a meeting of the council a local government is to make an appointment to a committee that has or could have a council member as a member and the mayor or president informs the local government of the mayor or president’s wish to be a member of the committee, the local government is to appoint the mayor or president to be a member of the committee.
(5) If at a meeting of the council a local government is to make an appointment to a committee that has or will have an employee as a member and the CEO informs the local government of the CEO’s wish —
(a) to be a member of the committee; or
(b) that a representative of the CEO be a member of the committee,
the local government is to appoint the CEO or the CEO’s representative, as the case may be, to be a member of the committee.
(1) The local government may appoint* a person to be a deputy of a member of a committee and may terminate such an appointment* at any time.
(2) A person who is appointed as a deputy of a member of a committee is to be —
(a) if the member of the committee is a council member — a council member; or
(b) if the member of the committee is an employee — an employee; or
(c) if the member of the committee is not a council member or an employee — a person who is not a council member or an employee; or
(d) if the member of the committee is a person appointed under section 5.10(5) — a person nominated by the CEO.
(3) A deputy of a member of a committee may perform the functions of the member when the member is unable to do so by reason of illness, absence or other cause.
(4) A deputy of a member of a committee, while acting as a member, has all the functions of and all the protection given to a member.
(1) Where a person is appointed as a member of a committee under section 5.10(4) or (5), the person’s membership of the committee continues until —
(a) the person no longer holds the office by virtue of which the person became a member, or is no longer the CEO, or the CEO’s representative, as the case may be; or
(b) the person resigns from membership of the committee; or
(c) the committee is disbanded; or
(d) the next ordinary elections day,
whichever happens first.
(2) Where a person is appointed as a member of a committee other than under section 5.10(4) or (5), the person’s membership of the committee continues until —
(a) the term of the person’s appointment as a committee member expires; or
(b) the local government removes the person from the office of committee member or the office of committee member otherwise becomes vacant; or
(c) the committee is disbanded; or
(d) the next ordinary elections day,
whichever happens first.
(1) The local government must appoint* a member of a committee to be the presiding member of the committee.
(2) The local government may appoint* a member of a committee to be the deputy presiding member of the committee.
If, in relation to the presiding member of a committee —
(a) the office of presiding member is vacant; or
(b) the presiding member is not available or is unable or unwilling to perform the functions of presiding member,
then the deputy presiding member, if any, may perform the functions of presiding member.
If, in relation to the presiding member of a committee —
(a) the office of presiding member and the office of deputy presiding member are vacant; or
(b) the presiding member and the deputy presiding member, if any, are not available or are unable or unwilling to perform the functions of presiding member,
then the committee members present at the meeting are to choose one of themselves to preside at the meeting.
The local government may reduce* the number of offices of committee member required for a quorum at a committee meeting specified by the local government if there would not otherwise be a quorum for the meeting.
(1) Under and subject to section 5.17, a local government may delegate* to a committee any of its powers and duties other than this power of delegation.
(2) A delegation under this section is to be in writing and may be general or as otherwise provided in the instrument of delegation.
(3) Without limiting the application of sections 58 and 59 of the
Interpretation Act 1984 —(a) a delegation made under this section has effect for the period of time specified in the delegation or if no period has been specified, indefinitely; and
(b) any decision to amend or revoke a delegation under this section is to be by an absolute majority.
(4) Nothing in this section is to be read as preventing a local government from performing any of its functions by acting through another person.
(1) A local government can delegate —
(a) to a committee comprising council members only, any of the council’s powers or duties under this Act except —
(i) any power or duty that requires a decision of an absolute majority of the council; and
(ii) any other power or duty that is prescribed;
and
(b) to a committee comprising council members and employees, any of the local government’s powers or duties that can be delegated to the CEO under Division 4; and
(c) to a committee referred to in section 5.9(2)(c), (d) or (e), any of the local government’s powers or duties that are necessary or convenient for the proper management of —
(i) the local government’s property; or
(ii) an event in which the local government is involved.
(2) A local government cannot delegate any of its powers or duties to a committee referred to in section 5.9(2)(f).
A local government is to keep a register of the delegations made under this Division and review the delegations at least once every financial year.
(1) The quorum for a meeting of a council or committee is at least 50% of the number of offices (whether vacant or not) of member of the council or the committee.
(2) Subsection (3) applies despite subsection (1) if a council member is not present at any time during a meeting of —
(a) the council; or
(b) a committee of which the council member is a member.
(3) The office held by the council member must be disregarded for the purpose of determining the quorum for the meeting at that time if the meeting is held during a period for which the council member is entitled to parental leave under section 2.25(5B).
(4) Despite subsection (3), the quorum for a meeting cannot be less than 2.
(1) A decision of a council does not have effect unless it has been made by a simple majority or, if another kind of majority is required under any provision of this Act or has been prescribed by regulations or a local law for the particular kind of decision, by that kind of majority.
(2) A decision of a committee does not have effect unless it has been made by a simple majority or, if another kind of majority has been prescribed by regulations or a local law for the particular kind of decision, by that kind of majority.
(3) This section does not apply to elections —
(a) by a council of the local government’s mayor or president under section 2.11; or
(b) by a council of the local government’s deputy mayor or president under section 2.15.
[(c) deleted]
(1) Each council member and each member of a committee who is present at a meeting of the council or committee is entitled to one vote.
(2) Subject to section 5.67, each council member and each member of a committee to which a local government power or duty has been delegated who is present at a meeting of the council or committee is to vote.
(3) If the votes of members present at a council or a committee meeting are equally divided, the person presiding is to cast a second vote.
(4) If a matter is voted on at a meeting of a council or committee, the following information must be recorded in the minutes —
(a) the total votes cast for;
(b) the total votes cast against;
(c) the individual vote of each member of the council or committee.
(4A) Subsection (4) does not apply to a vote that is required to be by secret ballot under Schedule 2.3.
(4B) Regulations may prescribe how information is to be recorded for the purposes of subsection (4)(a), (b) or (c).
(5) A person who fails to comply with subsection (2) or (3) commits an offence.
Penalty for this subsection: a fine of $10 000.
(1) The CEO must cause minutes to be kept of the proceedings of a meeting of a council or a committee.
(2) The minutes of a meeting of a council or a committee are to be submitted to the next ordinary meeting of the council or the committee, as the case requires, for confirmation.
(3) The person presiding at the meeting at which the minutes are confirmed is to sign the minutes and certify the confirmation.
(1) Subject to subsection (2), the following are to be open to members of the public —
(a) all council meetings; and
(b) all meetings of any committee to which a local government power or duty has been delegated.
(2) If a meeting is being held by a council or by a committee referred to in subsection (1)(b), the council or committee may close to members of the public the meeting, or part of the meeting, if the meeting or the part of the meeting deals with any of the following —
(a) a matter affecting an employee or employees; and
(b) the personal affairs of any person; and
(c) a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting; and
(d) legal advice obtained, or which may be obtained, by the local government and which relates to a matter to be discussed at the meeting; and
(e) a matter that if disclosed, would reveal —
(i) a trade secret; or
(ii) information that has a commercial value to a person; or
(iii) information about the business, professional, commercial or financial affairs of a person,
where the trade secret or information is held by, or is about, a person other than the local government; and
(f) a matter that if disclosed, could be reasonably expected to —
(i) impair the effectiveness of any lawful method or procedure for preventing, detecting, investigating or dealing with any contravention or possible contravention of the law; or
(ii) endanger the security of the local government’s property; or
(iii) prejudice the maintenance or enforcement of a lawful measure for protecting public safety;
and
(g) information which is the subject of a direction given under section 23(1a) of the
Parliamentary Commissioner Act 1971 ; and(h) such other matters as may be prescribed.
(3) A decision to close a meeting or part of a meeting and the reason for the decision are to be recorded in the minutes of the meeting.
(1) In this section —
(2) Regulations may require, regulate or otherwise make provision in relation to any of the following —
(a) the electronic broadcasting of council meetings (either live or with a delay);
(b) the making or retaining of recordings of council meetings;
(c) the making of recordings of council meetings publicly available;
(d) the provision of, or otherwise making available of, recordings of council meetings to any person (on the person’s request or otherwise).
(3) Regulations made for the purposes of subsection (2) cannot require or authorise —
(a) the electronic broadcasting of any part of a council meeting that is closed to members of the public; or
(b) a recording of any such part of a council meeting —
(i) to be made publicly available; or
(ii) to be provided to, or otherwise made available to, any person other than the Departmental CEO or a person authorised by the Departmental CEO.
(4) Without limiting section 9.57A(2) or subsection (2), regulations made for the purposes of subsection (2) may provide for a local government, or any other person, to be not liable to an action for defamation in prescribed circumstances.
(1) Time is to be allocated for questions to be raised by members of the public and responded to at —
(a) every ordinary meeting of a council; and
(b) such other meetings of councils or committees as may be prescribed.
(2) Procedures and the minimum time to be allocated for the asking of and responding to questions raised by members of the public at council or committee meetings are to be in accordance with regulations.
(1) Without limiting the generality of section 9.59, regulations may make provision in relation to —
(a) the matters to be dealt with at ordinary or at special meetings of councils; and
(b) the functions of committees or types of committee; and
(ba) the holding of council or committee meetings by telephone, video conference or other electronic means; and
(c) the procedure to be followed at, and in respect of, council or committee meetings; and
(d) methods of voting at council or committee meetings; and
(e) the circumstances and manner in which a decision made at a council or a committee meeting may be revoked or changed (which may differ from the manner in which the decision was made); and
(f) the content and confirmation of minutes of council or committee meetings and the keeping and preserving of the minutes and any documents relating to meetings; and
(g) the giving of public notice of the date and agenda for council or committee meetings; and
(h) the exclusion from meetings of persons whose conduct is not conducive to the proper conduct of the meetings and the steps to be taken in the event of persons refusing to leave meetings; and
(i) the circumstances and time in which the unconfirmed minutes of council or committee meetings are to be made available for inspection by members of the public; and
(j) the circumstances and time in which notice papers and agenda relating to any council or committee meeting and reports and other documents which could be —
(i) tabled at a council or committee meeting; or
(ii) produced by the local government or a committee for presentation at a council or committee meeting,
are to be made available for inspection by members of the public.
(2) Regulations providing for meetings to be held by telephone, video conference or other electronic means may modify the application of this Act in relation to those meetings to the extent necessary or convenient to facilitate the holding of those meetings in that way.
In this Subdivision —
(1) A general meeting of the electors of a district is to be held once every financial year.
(2) A general meeting is to be held on a day selected by the local government but not more than 56 days after the local government accepts the annual report for the previous financial year.
(3) The matters to be discussed at general electors’ meetings are to be those prescribed.
(1) A special meeting of the electors of a district is to be held on the request of not less than —
(a) 300 electors or 5% of the number of electors —whichever is the lesser number; or
(b) 1 /3 of the number of council members.
(2) The request is to specify the matters to be discussed at the meeting and the form or content of the request is to be in accordance with regulations.
(3) The request is to be sent to the mayor or president.
(4) A special meeting is to be held on a day selected by the mayor or president but not more than 35 days after the day on which the mayor or president received the request.
(5) Despite subsection (4), the mayor or president may —
(a) decide that the special meeting is not to be held if the mayor or president is satisfied that the substance of each matter for discussion specified in the request —
(i) was discussed at a special meeting that was held during the period of 12 months ending on the day on which the mayor or president received the request; or
(ii) was, or will be, discussed at a special meeting that was, or will be, held during the period of 35 days after the day on which the mayor or president received the request;
or
(b) decide that a matter for discussion specified in the request is not to be discussed at the special meeting in whole or in part if the mayor or president is satisfied that the substance of the whole of the matter or the part of the matter (as the case requires) —
(i) was discussed at a special meeting that was held during the period of 12 months ending on the day on which the mayor or president received the request; or
(ii) was, or will be, discussed at a special meeting that was, or will be, held during the period of 35 days after the day on which the mayor or president received the request.
(6) If the mayor or president makes a decision under subsection (5)(a) or (b), each matter, or the whole or part of the matter, is to be considered at —
(a) the first ordinary council meeting after the mayor or president makes the decision; or
(b) if, when the mayor or president makes the decision, the CEO has already convened that first ordinary council meeting under section 5.5(1) — the second ordinary council meeting after the mayor or president makes the decision.
(7) The local government must give local public notice of any decision of the mayor or president made under subsection (5)(a) or (b) and of the reasons for the decision.
(1) The CEO is to convene an electors’ meeting by giving —
(a) at least 14 days’ local public notice; and
(b) each council member at least 14 days’ notice,
of the date, time, place and purpose of the meeting.
(2) The local public notice referred to in subsection (1)(a) is to be treated as having commenced at the time the notice is first given and is to continue in the prescribed way until the meeting has been held.
(1) The mayor or president is to preside at electors’ meetings.
(2) If the circumstances mentioned in section 5.34(a) or (b) apply the deputy mayor or deputy president may preside at an electors’ meeting in accordance with that section.
(3) If the circumstances mentioned in section 5.34(a) or (b) apply and —
(a) the office of deputy mayor or deputy president is vacant; or
(b) the deputy mayor or deputy president is not available or is unable or unwilling to perform the functions of mayor or president,
then the electors present are to choose one of the councillors present to preside at the meeting but if there is no councillor present, able and willing to preside, then the electors present are to choose one of themselves to preside.
The procedure to be followed at, and in respect of, electors’ meetings and the methods of voting at electors’ meetings are to be in accordance with regulations.
The CEO is to —
(a) cause minutes of the proceedings at an electors’ meeting to be kept and preserved; and
(b) ensure that copies of the minutes are made available for inspection by members of the public before the council meeting at which decisions made at the electors’ meeting are first considered.
(1) All decisions made at an electors’ meeting are to be considered at the next ordinary council meeting or, if that is not practicable —
(a) at the first ordinary council meeting after that meeting; or
(b) at a special meeting called for that purpose,
whichever happens first.
(2) If at a meeting of the council a local government makes a decision in response to a decision made at an electors’ meeting, the reasons for the decision are to be recorded in the minutes of the council meeting.
If —
(a) the office of mayor or president is vacant; or
(b) the mayor or president is not available or is unable or unwilling to perform the functions of the mayor or president,
then the deputy mayor may perform the functions of mayor and the deputy president may perform the functions of president, as the case requires.
(1) If the circumstances mentioned in section 5.34(a) or (b) apply and —
(a) the office of deputy mayor or deputy president is vacant; or
(b) the deputy mayor or deputy president is not available or is unable or unwilling to perform the functions of mayor or president,
and the mayor or president or deputy will not be able to perform the functions of the mayor or president for a time known to the council, then the council may appoint a councillor to perform during that time the functions of mayor or president, as the case requires.
(2) If the circumstances mentioned in section 5.34(a) or (b) apply and —
(a) the office of deputy mayor or deputy president is vacant; or
(b) the deputy mayor or deputy president is not available or is unable or unwilling to perform the functions of mayor or president,
and a person has not been appointed under subsection (1), the CEO, after consultation with, and obtaining the agreement of, 2 councillors selected by the CEO, may perform the functions of mayor or president, as the case requires.
(1) A local government is to employ —
(a) a person to be the CEO of the local government; and
(b) such other persons as the council believes are necessary to enable the functions of the local government and the functions of the council to be performed.
(2) A person is not to be employed in the position of CEO unless the council —
(a) believes that the person is suitably qualified for the position; and
(b) is satisfied* with the provisions of the proposed employment contract.
(3) A person is not to be employed by a local government in any other position unless the CEO —
(a) believes that the person is suitably qualified for the position; and
(b) is satisfied with the proposed arrangements relating to the person’s employment.
(4) Unless subsection (5A) applies, if the position of CEO of a local government becomes vacant, it is to be advertised by the local government in the manner prescribed, and the advertisement is to contain such information with respect to the position as is prescribed.
(5A) Subsection (4) does not require a position to be advertised if it is proposed that the position be filled by a person in a prescribed class.
(5) For the avoidance of doubt, subsection (4) does not impose a requirement to advertise a position before the renewal of a contract referred to in section 5.39.
(1) A local government may designate employees or persons belonging to a class of employee to be senior employees.
(2) The CEO is to inform the council of each proposal to employ or dismiss a senior employee, other than a senior employee referred to in section 5.39(1a), and the council may accept or reject the CEO’s recommendation but if the council rejects a recommendation, it is to inform the CEO of the reasons for its doing so.
(3) Unless subsection (4A) applies, if the position of a senior employee of a local government becomes vacant, it is to be advertised by the local government in the manner prescribed, and the advertisement is to contain such information with respect to the position as is prescribed.
(4A) Subsection (3) does not require a position to be advertised if it is proposed that the position be filled by a person in a prescribed class.
(4) For the avoidance of doubt, subsection (3) does not impose a requirement to advertise a position where a contract referred to in section 5.39 is renewed.
(1) A local government must review the performance of the CEO if the CEO is employed for a term of more than 1 year.
(2) The CEO must ensure that the performance of each other employee who is employed for more than 1 year is reviewed.
(3) A review under subsection (1) or (2) must be conducted at least once in relation to each year of the person’s employment.
(1) Subject to subsection (1a), the employment of a person who is a CEO or a senior employee is to be governed by a written contract in accordance with this section.
(1a) Despite subsection (1) —
(a) an employee may act in the position of a CEO or a senior employee for a term not exceeding one year without a written contract for the position in which the employee is acting; and
(b) a person may be employed by a local government as a senior employee for a term not exceeding 3 months, during any 2 year period, without a written contract.
(2) A contract under this section —
(a) in the case of an acting or temporary position, cannot be for a term exceeding one year;
(b) in every other case, cannot be for a term exceeding 5 years.
(3) A contract under this section is of no effect unless —
(a) the expiry date is specified in the contract; and
(b) there are specified in the contract performance criteria for the purpose of reviewing the person’s performance; and
(c) any other matter that has been prescribed as a matter to be included in the contract has been included.
(4) A contract under this section is to be renewable and subject to subsection (5), may be varied.
(5) A provision in, or condition of, an agreement or arrangement has no effect if it purports to affect the application of any provision of this section.
(6) Nothing in subsection (2) or (3)(a) prevents a contract for a period that is within the limits set out in subsection 2(a) or (b) from being terminated within that period on the happening of an event specified in the contract.
(7) A CEO is to be paid or provided with such remuneration as is determined by the Salaries and Allowances Tribunal under the
Salaries and Allowances Act 1975 section 7A.(8) A local government is to ensure that subsection (7) is complied with in entering into, or renewing, a contract of employment with a CEO.
(1) Regulations must prescribe model standards for local governments in relation to the following —
(a) the recruitment of CEOs;
(b) the review of the performance of CEOs;
(c) the termination of the employment of CEOs.
(2) Regulations may amend the model standards.
(1) In this section —
(2) Within 3 months after the day on which regulations prescribing the model standards come into operation, a local government must prepare and adopt* standards to be observed by the local government that incorporate the model standards.
(3) Within 3 months after the day on which regulations amending the model standards come into operation, the local government must amend* the adopted standards to incorporate the amendments made to the model standards.
(4) A local government may include in the adopted standards provisions that are in addition to the model standards, but any additional provisions are of no effect to the extent that they are inconsistent with the model standards.
(5) The model standards are taken to be a local government’s adopted standards until the local government adopts standards under this section.
(6) The CEO must publish an up‑to‑date version of the adopted standards on the local government’s official website.
(7) Regulations may provide for —
(a) the monitoring of compliance with adopted standards; and
(b) the way in which contraventions of adopted standards are to be dealt with.
(1) A local government must prepare and adopt* a policy that sets out the process to be followed by the local government in relation to the following —
(a) the employment of a person in the position of CEO for a term not exceeding 1 year;
(b) the appointment of an employee to act in the position of CEO for a term not exceeding 1 year.
(2) A local government may amend* the policy.
(3) When preparing the policy or an amendment to the policy, the local government must comply with any prescribed requirements relating to the form or content of a policy under this section.
(4) The CEO must publish an up‑to‑date version of the policy on the local government’s official website.
The following principles apply to a local government in respect of its employees —
(a) employees are to be selected and promoted in accordance with the principles of merit and equity; and
(b) no power with regard to matters affecting employees is to be exercised on the basis of nepotism or patronage; and
(c) employees are to be treated fairly and consistently; and
(d) there is to be no unlawful discrimination against employees or persons seeking employment by a local government on a ground referred to in the
Equal Opportunity Act 1984 or on any other ground; and(e) employees are to be provided with safe and healthy working conditions in accordance with the
Work Health and Safety Act 2020 ; and(f) such other principles, not inconsistent with this Division, as may be prescribed.
(1) The CEO, as the local government’s chief executive officer, is responsible for managing the local government’s administration and operations.
(2) The CEO’s executive role includes the following —
(a) causing council decisions to be implemented;
(b) managing the provision of services and facilities that the council has determined the local government is to provide in the district;
(c) determining procedures and systems for —
(i) implementing the local government’s policies as determined by the council; and
(ii) otherwise managing the local government’s administration and operations;
(d) being responsible for the employment, management, supervision, direction and dismissal of other employees (subject to section 5.37(2) in relation to senior employees);
(e) ensuring that records and documents of the local government are properly kept for the purposes of this Act and any other written law.
(3) The CEO is the council’s principal advisor and, as such, does the following —
(a) advises, and procures advice for, the council in relation to the local government’s affairs and the performance of the local government’s functions;
(b) ensures that the council has the information and advice it needs to make informed and timely decisions.
(4) The CEO —
(a) liaises with the mayor or president on the local government’s affairs and the performance of the local government’s functions; and
(b) speaks on behalf of the local government if the mayor or president agrees.
(5) The CEO performs any other function specified or delegated by the local government or imposed under this Act or another written law as a function to be performed by the CEO.
(1) A local government may delegate* to the CEO the exercise of any of its powers or the discharge of any of its duties under —
(a) this Act other than those referred to in section 5.43; or
(b) the
Planning and Development Act 2005 section 214(2), (3) or (5).
(2) A delegation under this section is to be in writing and may be general or as otherwise provided in the instrument of delegation.
A local government cannot delegate to a CEO any of the following powers or duties —
(a) any power or duty that requires a decision of an absolute majority of the council;
(b) accepting a tender which exceeds an amount determined by the local government for the purpose of this paragraph;
(c) appointing an auditor;
(d) acquiring or disposing of any property valued at an amount exceeding an amount determined by the local government for the purpose of this paragraph;
(e) any of the local government’s powers under section 5.98, 5.98A, 5.99, 5.99A, 5.100 or 5.129;
(f) borrowing money on behalf of the local government;
(g) hearing or determining an objection of a kind referred to in section 9.5;
(ha) the power under section 9.49A(4) to authorise a person to sign documents on behalf of the local government;
(h) any power or duty that requires the approval of the Minister or the Governor;
(i) such other powers or duties as may be prescribed.
(1) A CEO may delegate to any employee of the local government the exercise of any of the CEO’s powers or the discharge of any of the CEO’s duties under this Act other than this power of delegation.
(2) A delegation under this section is to be in writing and may be general or as otherwise provided in the instrument of delegation.
(3) This section extends to a power or duty the exercise or discharge of which has been delegated by a local government to the CEO under section 5.42, but in the case of such a power or duty —
(a) the CEO’s power under this section to delegate the exercise of that power or the discharge of that duty; and
(b) the exercise of that power or the discharge of that duty by the CEO’s delegate,
are subject to any conditions imposed by the local government on its delegation to the CEO.
(4) Subsection (3)(b) does not limit the CEO’s power to impose conditions or further conditions on a delegation under this section.
(5) In subsections (3) and (4) —
(1) Without limiting the application of sections 58 and 59 of the
Interpretation Act 1984 —(a) a delegation made under this Division has effect for the period of time specified in the delegation or where no period has been specified, indefinitely; and
(b) any decision to amend or revoke a delegation by a local government under this Division is to be by an absolute majority.
(2) Nothing in this Division is to be read as preventing —
(a) a local government from performing any of its functions by acting through a person other than the CEO; or
(b) a CEO from performing any of the CEO’s functions by acting through another person.
(1) The CEO is to keep a register of the delegations made under this Division to the CEO and to employees.
(2) At least once every financial year, delegations made under this Division are to be reviewed by the delegator.
(3) A person to whom a power or duty is delegated under this Act is to keep records in accordance with regulations in relation to the exercise of the power or the discharge of the duty.
The Governor may make regulations about any matter relating to the provision of superannuation by a local government.
(1) In this section —
(a) long service leave with pay; or
(b) long service leave taken on a
pro rata basis with pay; or(c) payment in lieu of long service leave.
(2) Long service benefits for employees are to be provided in accordance with regulations.
(1) In this section —
(a) a local government; or
(b) a regional local government; or
(c) a regional subsidiary; or
(d) any other body with functions relating to local government approved in writing by the Minister;
(2) WALGA must hold and manage a group self‑insurer licence under the WCIM Act for the benefit of —
(a) itself; and
(b) any eligible body to which, under the WCIM Act, the group self‑insurer licence extends.
(3) If an eligible body wishes to be added to or removed from the group self‑insurer licence, WALGA must apply to WorkCover WA to seek a variation in the group self‑insurer licence under the WCIM Act section 246(3).
(4) Nothing in this section limits the application of the WCIM Act.
Note for this section:
The WCIM Act section 247 provides that each holder or former holder of a group self‑insurer licence is jointly and severally liable for any self‑insurer liability of an employer that is a liability in respect of an injury to or death of a worker that arose while the employer was a self‑insurer covered by the group self‑insurer licence.
(1) A local government is to prepare a policy in relation to employees whose employment with the local government is finishing, setting out —
(a) the circumstances in which the local government will pay an employee an amount in addition to any amount to which the employee is entitled under a contract of employment or award relating to the employee; and
(b) the manner of assessment of the additional amount.
(1a) A local government must not make any payment of the kind described in subsection (1)(a) unless the local government has adopted a policy prepared under subsection (1).
(2) A local government may make a payment —
(a) to an employee whose employment with the local government is finishing; and
(b) that is more than the additional amount set out in the policy prepared under subsection (1) and adopted by the local government,
but local public notice is to be given in relation to the payment made.
(3) The value of a payment or payments made to a person under this section is not to exceed such amount as is prescribed or provided for by regulations.
(4) In this section a reference to a payment to a person includes a reference to the disposition of property in favour of, or the conferral of any other financial benefit on, the person.
(5) The CEO must publish the policy prepared under subsection (1) and adopted by the local government on the local government’s official website.
(1) If an employee of a local government nominates to be a candidate for election as a member of the council and the nomination is accepted then, by operation of this subsection, the employee is to be treated as being on leave from the employee’s employment on and from the day that the nomination is accepted until the day of the declaration of the poll or, if the nomination is cancelled, on the day of the cancellation.
(2) An employee to whom subsection (1) applies may, during the period of leave, be paid leave entitlements to which the employee is entitled under a contract of employment or award relating to the employee but otherwise the leave is to be unpaid leave.
(1) The CEO must prepare and implement a code of conduct to be observed by employees of the local government.
(2) The CEO may amend the code of conduct.
(3) The CEO must publish an up‑to‑date version of the code of conduct on the local government’s official website.
(4) Regulations may prescribe the content of, and other matters in relation to, codes of conduct under this section.
(5) A code of conduct under this section is of no effect to the extent that it is inconsistent with regulations made for the purposes of subsection (4).
(1) The local government is to prepare an annual report for each financial year.
(2) The annual report is to contain —
(a) a report from the mayor or president; and
(b) a report from the CEO; and
[(c),(d) deleted] (e) an overview of the plan for the future of the district made in accordance with section 5.56, including major initiatives that are proposed to commence or to continue in the next financial year; and
(f) the financial report for the financial year; and
(g) such information as may be prescribed in relation to the payments made to employees; and
(h) the auditor’s report prepared under section 7.9(1) or 7.12AD(1) for the financial year; and
(ha) a matter on which a report must be made under section 29(2) of the
Disability Services Act 1993 ; and(hb) details of entries made under section 5.121 during the financial year in the register of complaints, including —
(i) the number of complaints recorded in the register of complaints; and
(ii) how the recorded complaints were dealt with; and
(iii) any other details that the regulations may require;
and
(i) such other information as may be prescribed.
(1) Subject to subsection (2), the annual report for a financial year is to be accepted* by the local government no later than 31 December after that financial year.
(2) If the auditor’s report is not available in time for the annual report for a financial year to be accepted by 31 December after that financial year, the annual report is to be accepted by the local government no later than 2 months after the auditor’s report becomes available.
The CEO is to give local public notice of the availability of the annual report as soon as practicable after the report has been accepted by the local government.
The CEO is to publish the annual report on the local government’s official website within 14 days after the report has been accepted by the local government.
(1) A local government is to plan for the future of the district.
(2) A local government is to ensure that plans made under subsection (1) are in accordance with any regulations made about planning for the future of the district.
In this Division, unless the contrary intention appears —
(a) a conferral of a financial benefit (including a disposition of property) made by 1 person in favour of another person unless adequate consideration in money or money’s worth passes from the person in whose favour the conferral is made to the person who makes the conferral; or
(b) a travel contribution;
(1) For the purposes of this Division —
(a) the amount of a gift comprising the conferral of a financial benefit is taken to be an amount equal to the value of the financial benefit at the time the gift was made; and
(b) the amount of a gift comprising a travel contribution (other than a financial contribution) is taken to be an amount equal to the value of the contribution at the time the gift was made.
(2) For the purposes of this Division, a gift made to a relevant person (as defined in section 5.59) by 2 or more related bodies corporate (as defined in the
Corporations Act 2001 (Commonwealth) section 9) is taken to have been made by a single corporation.
In this Subdivision, unless the contrary intention appears —
For the purposes of this Subdivision, a relevant person has an interest in a matter if either —
(a) the relevant person; or
(b) a person with whom the relevant person is closely associated,
has —
(c) a direct or indirect financial interest in the matter; or
(d) a proximity interest in the matter.
For the purposes of this Subdivision, a person has a financial interest in a matter if it is reasonable to expect that the matter will, if dealt with by the local government, or an employee or committee of the local government or member of the council of the local government, in a particular way, result in a financial gain, loss, benefit or detriment for the person.
(1) For the purposes of this Subdivision, a person has a proximity interest in a matter if the matter concerns —
(a) a proposed change to a planning scheme affecting land that adjoins the person’s land; or
(b) a proposed change to the zoning or use of land that adjoins the person’s land; or
(c) a proposed development (as defined in section 5.63(5)) of land that adjoins the person’s land.
(2) In this section, land (the
proposal land ) adjoins a person’s land if —(a) the proposal land, not being a thoroughfare, has a common boundary with the person’s land; or
(b) the proposal land, or any part of it, is directly across a thoroughfare from, the person’s land; or
(c) the proposal land is that part of a thoroughfare that has a common boundary with the person’s land.
(3) In this section a reference to a person’s land is a reference to any land owned by the person or in which the person has any estate or interest.
A reference in this Subdivision to an indirect financial interest of a person in a matter includes a reference to a financial relationship between that person and another person who requires a local government decision in relation to the matter.
(1) For the purposes of this Subdivision a person is to be treated as being closely associated with a relevant person if —
(a) the person is in partnership with the relevant person; or
(b) the person is an employer of the relevant person; or
(c) the person is a beneficiary under a trust, or an object of a discretionary trust, of which the relevant person is a trustee; or
(ca) the person belongs to a class of persons that is prescribed; or
(d) the person is a body corporate —
(i) of which the relevant person is a director, secretary or executive officer; or
(ii) in which the relevant person holds shares having a total value exceeding —
(I) the prescribed amount; or
(II) the prescribed percentage of the total value of the issued share capital of the company,
whichever is less;
or
(e) the person is the spouse, de facto partner or child of the relevant person and is living with the relevant person; or
(ea) the relevant person is a council member and the person —
(i) gave an electoral gift to the relevant person in relation to the election at which the relevant person was last elected; or
(ii) has given an electoral gift to the relevant person since the relevant person was last elected;
or
(eb) the relevant person is a council member and the person has given a gift to which this paragraph applies to the relevant person since the relevant person was last elected; or
(ec) the relevant person is a CEO and the person has given a gift to which this paragraph applies to the relevant person since the relevant person was last employed (or appointed to act) in the position of CEO; or
(f) the person has a relationship specified in any of paragraphs (a) to (d) in respect of the relevant person’s spouse or de facto partner if the spouse or de facto partner is living with the relevant person.
(1A) Subsection (1)(eb) and (ec) apply to a gift if —
(a) either —
(i) the amount of the gift exceeds the amount prescribed for the purposes of this subsection; or
(ii) the gift is 1 of 2 or more gifts made by 1 person to the relevant person at any time during a year and the sum of the amounts of those 2 or more gifts exceeds the amount prescribed for the purposes of this subsection;
and
(b) the gift is not an excluded gift under subsection (1B).
(1B) A gift is an excluded gift —
(a) if —
(i) the gift is a ticket to, or otherwise relates to the relevant person’s attendance at, an event as defined in section 5.90A(1); and
(ii) the local government approves, in accordance with the local government’s policy under section 5.90A, the relevant person’s attendance at the event;
or
(b) if the gift is in a class of gifts prescribed for the purposes of this subsection.
(2) In subsection (1) —
(1) Sections 5.65, 5.70 and 5.71 do not apply to a relevant person who has any of the following interests in a matter —
(a) an interest common to a significant number of electors or ratepayers; or
(b) an interest in the imposition of any rate, charge or fee by the local government; or
(c) an interest relating to —
(i) a fee, reimbursement of an expense or an allowance to which section 5.98, 5.98A, 5.99, 5.99A, 5.100 or 5.101(2) refers; or
(ia) the payment of a superannuation contribution payment under section 5.99B; or
(ii) a gift permitted by section 5.100A; or
(iii) reimbursement of an expense that is the subject of regulations made under section 5.101A; or
(iv) a fee or reimbursement of an expense in accordance with a policy adopted by the local government under section 5.129;
or
(d) an interest relating to the pay, terms or conditions of an employee unless —
(i) the relevant person is the employee; or
(ii) either the relevant person’s spouse, de facto partner or child is the employee if the spouse, de facto partner or child is living with the relevant person;
or
[(e) deleted] (f) an interest arising only because the relevant person is, or intends to become, a member or office bearer of a body with non‑profit making objects; or
(g) an interest arising only because the relevant person is, or intends to become, a member, office bearer, officer or employee of a department of the Public Service of the State or Commonwealth or a body established under this Act or any other written law; or
(h) a prescribed interest.
(2) If a relevant person has a financial interest because the valuation of land in which the person has an interest may be affected by —
(a) any proposed change to a planning scheme for any area in the district; or
(b) any proposed change to the zoning or use of land in the district; or
(c) the proposed development of land in the district,
then, subject to subsection (3) and (4), the person is not to be treated as having an interest in a matter for the purposes of sections 5.65, 5.70 and 5.71.
(3) If a relevant person has a financial interest because the valuation of land in which the person has an interest may be affected by —
(a) any proposed change to a planning scheme for that land or any land adjacent to that land; or
(b) any proposed change to the zoning or use of that land or any land adjacent to that land; or
(c) the proposed development of that land or any land adjacent to that land,
then nothing in this section prevents sections 5.65, 5.70 and 5.71 from applying to the relevant person.
(4) If a relevant person has a financial interest because any land in which the person has any interest other than an interest relating to the valuation of that land or any land adjacent to that land may be affected by —
(a) any proposed change to a planning scheme for any area in the district; or
(b) any proposed change to the zoning or use of land in the district; or
(c) the proposed development of land in the district,
then nothing in this section prevents sections 5.65, 5.70 and 5.71 from applying to the relevant person.
(5) A reference in subsection (2), (3) or (4) to the development of land is a reference to the development, maintenance or management of the land or of services or facilities on the land.
(1) A member who has an interest in any matter to be discussed at a council or committee meeting that will be attended by the member must disclose the nature of the interest —
(a) in a written notice given to the CEO before the meeting; or
(b) at the meeting immediately before the matter is discussed.
Penalty for this subsection: imprisonment for 24 months and a fine of $24 000.
(2) It is a defence to a prosecution under this section if the member proves that the member did not know —
(a) that the member had an interest in the matter; or
(b) that the matter in which the member had an interest would be discussed at the meeting.
(3) This section does not apply to a person who is a member of a committee referred to in section 5.9(2)(f).
If a member has disclosed an interest in a written notice given to the CEO before a meeting then —
(a) before the meeting the CEO is to cause the notice to be given to the person who is to preside at the meeting; and
(b) at the meeting the person presiding is to bring the notice and its contents to the attention of the persons present immediately before the matters to which the disclosure relates are discussed.
A member who makes a disclosure under section 5.65 must not —
(a) preside at the part of the meeting relating to the matter; or
(b) participate in, or be present during, any discussion or decision making procedure relating to the matter,
unless, and to the extent that, the disclosing member is allowed to do so under section 5.68 or 5.69.
Penalty: imprisonment for 24 months and a fine of $24 000.
(1) If a member has disclosed, under section 5.65, an interest in a matter, the members present at the meeting who are entitled to vote on the matter —
(a) may allow the disclosing member to be present during any discussion or decision making procedure relating to the matter; and
(b) may allow, to the extent decided by those members, the disclosing member to preside at the meeting (if otherwise qualified to preside) or to participate in discussions and the decision making procedures relating to the matter if —
(i) the disclosing member also discloses the extent of the interest; and
(ii) those members decide that the interest —
(I) is so trivial or insignificant as to be unlikely to influence the disclosing member’s conduct in relation to the matter; or
(II) is common to a significant number of electors or ratepayers.
(1A) Subsection (1) does not apply if —
(a) the interest disclosed is an interest relating to a gift; and
(b) subsection (1B) or (1C) applies to the gift.
(1B) This subsection applies to the gift if the disclosing member was or is required by regulations under section 4.59(a) to provide information about the gift in relation to an election.
(1C) This subsection applies to the gift if —
(a) the amount of the gift exceeds the amount prescribed for the purposes of this subsection; or
(b) the gift is 1 of 2 or more gifts made by 1 person to the disclosing member at any time during a year and the sum of the amounts of those 2 or more gifts exceeds the amount prescribed for the purposes of this subsection.
(2) A decision under this section is to be recorded in the minutes of the meeting relating to the matter together with —
(a) the extent of any participation allowed by the council or committee; and
(b) if the decision concerns an interest relating to a gift, the information prescribed for the purposes of this paragraph.
(3) This section does not prevent the disclosing member from discussing, or participating in the decision making process on, the question of whether an application should be made to the Minister under section 5.69.
(1) If a member has disclosed, under section 5.65, an interest in a matter, the council or the CEO may apply to the Minister to allow the disclosing member to participate in the part of the meeting, and any subsequent meeting, relating to the matter.
(2) An application made under subsection (1) is to include —
(a) details of the nature of the interest disclosed and the extent of the interest; and
(b) any other information required by the Minister for the purposes of the application.
(3) On an application under this section the Minister may allow, on any condition determined by the Minister, the disclosing member to preside at the meeting, and at any subsequent meeting, (if otherwise qualified to preside) or to participate in discussions or the decision making procedures relating to the matter if —
(a) there would not otherwise be a sufficient number of members to deal with the matter; or
(b) the Minister is of the opinion that it is in the interests of the electors or ratepayers to do so.
(4) A person must not contravene a condition imposed by the Minister under this section.
Penalty for this subsection: imprisonment for 24 months and a fine of $24 000.
(5) A decision under this section must be recorded in the minutes of the meeting relating to the matter.
(1) A council or a CEO may apply to the Minister to exempt the members of a committee from some or all of the provisions of this Subdivision relating to the disclosure of interests by committee members.
(2) An application under subsection (1) is to include —
(a) the name of the committee, details of the function of the committee and the reasons why the exemption is sought; and
(b) any other information required by the Minister for the purposes of the application.
(3) On an application under this section the Minister may grant the exemption, on any conditions determined by the Minister, if the Minister is of the opinion that it is in the interests of the electors or ratepayers to do so.
(4) A person must not contravene a condition imposed by the Minister under this section.
Penalty for this subsection: imprisonment for 24 months and a fine of $24 000.
(1) In this section —
(2) An employee who has an interest in any matter in respect of which the employee is providing advice or a report directly to the council or a committee must disclose the nature of the interest when giving the advice or report.
Penalty for this subsection: imprisonment for 24 months and a fine of $24 000.
(2A) Subsection (2) applies to a CEO even if the advice or report is provided in accordance with a decision made under section 5.71B(2) or (6).
(3) An employee who discloses an interest under this section must, if required to do so by the council or committee, as the case may be, disclose the extent of the interest.
Penalty for this subsection: imprisonment for 24 months and a fine of $24 000.
If, under Division 4, an employee has been delegated a power or duty relating to a matter and the employee has an interest in the matter, the employee must not exercise the power or discharge the duty and —
(a) in the case of the CEO, must disclose to the mayor or president the nature of the interest as soon as practicable after becoming aware that the CEO has the interest in the matter; and
(b) in the case of any other employee, must disclose to the CEO the nature of the interest as soon as practicable after becoming aware that the employee has the interest in the matter.
Penalty: imprisonment for 24 months and a fine of $24 000.
(1) A CEO who has an interest relating to a gift in a matter in respect of which the CEO proposes to provide advice or a report, directly or indirectly, to the council or a committee must disclose the nature of the interest in a written notice given to the council.
Penalty for this subsection: imprisonment for 24 months and a fine of $24 000.
(2) A CEO who makes a disclosure under subsection (1) must not provide the advice or report unless the CEO is allowed to do so under section 5.71B(2) or (6).
Penalty for this subsection: imprisonment for 24 months and a fine of $24 000.
(3) A CEO who has an interest relating to a gift in a matter in respect of which another employee is providing advice or a report directly to the council or a committee must disclose the nature of the interest when the advice or report is provided.
Penalty for this subsection: imprisonment for 24 months and a fine of $24 000.
(1) In this section —
(2) The council may allow the CEO to provide the advice or report to which a disclosure under section 5.71A(1) relates if —
(a) the amount of the relevant gift does not exceed the amount prescribed for the purposes of this section; and
(b) the council decides that the nature of the interest disclosed is unlikely to influence the CEO in the provision of the advice or report.
(3) A decision of the council under subsection (2) must be recorded in the minutes of the council meeting at which the decision is made.
(4) The council may apply to the Minister to allow the CEO to provide the advice or report to which a disclosure under section 5.71A(1) relates if the amount of the relevant gift exceeds the amount prescribed for the purposes of this section.
(5) An application under subsection (4) must include —
(a) details of the nature of the interest disclosed; and
(b) any other information required by the Minister for the purposes of the application.
(6) On an application under subsection (4), the Minister may allow, on any condition determined by the Minister, the CEO to provide the advice or report if the Minister is of the opinion that it is in the interests of the electors or ratepayers to do so.
(7) A decision of the Minister under subsection (6) must be recorded in the minutes of the council meeting at which the decision is considered.
(8) For the purposes of subsections (2)(a) and (4), if the relevant gift is 1 of 2 or more gifts made by 1 person to the CEO at any time during a year, the amount of the relevant gift is the sum of the amounts of those 2 or more gifts.
It is a defence to a prosecution under section 5.70(2), 5.71 or 5.71A(1) or (3) if the person proves that the person did not know that the person had an interest in the matter.
A disclosure under section 5.65, 5.70 or 5.71A(3) is to be recorded in the minutes of the meeting relating to the disclosure.
(1) In this Subdivision, unless the contrary intention appears —
(a) in relation to a person other than a corporation, the last residential or business address of the person known to the person disclosing the address in a return; or
(b) in relation to a corporation, the address of the registered office or principal place of business of the corporation in the State or, where there is no such office or place, the address of the principal office or place of business of the corporation in the place in which it is incorporated or taken to be registered; or
(c) in relation to any real property, the postal address of the property or the particulars of title of the property;
(a) a body corporate that is incorporated within Australia or an external Territory and is a public authority or an instrumentality or agency of the Crown; or
(b) a corporation sole; or
[(c),(d) deleted] (e) an association, society, institution or body incorporated, or taken to be incorporated, under the
Associations Incorporation Act 2015 ;
(a) a CEO; and
(b) an employee, other than the CEO, to whom any power or duty has been delegated under Division 4; and
(c) an employee who is a member of a committee comprising council members and employees; and
(d) an employee nominated by the local government to be a designated employee;
(a) a parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant of the relevant person or of the relevant person’s spouse or de facto partner;
(b) the relevant person’s spouse or de facto partner or the spouse or de facto partner of any relative specified in paragraph (a),
whether or not the relationship is traced through, or to, a person whose parents were not actually married to each other at the time of the person’s birth or subsequently, and whether the relationship is a natural relationship or a relationship established by a written law;
(a) if the last return lodged by the relevant person was a primary return, the period commencing on the day after the start day for the primary return and ending on 30 June in that year; or
(b) if the last return lodged by the relevant person was an annual return, the period of 12 months ending on 30 June in that year;
(a) in the case of a council member, the day on which the council member made the declaration referred to in section 2.29; or
(b) in the case of a designated employee, the day on which the person became a designated employee.
(2) A reference in this Subdivision to a disclosure concerning any income, corporation or any other thing (not being real property), includes a reference to a disclosure concerning any income derived, corporation incorporated (or taken to be registered), or other thing arising or received, outside this State.
(3) For the purposes of this Subdivision, loans made, or goods or services supplied, to a relevant person by 2 or more related bodies corporate (as defined in the
Corporations Act 2001 of the Commonwealth) are taken to have been made or supplied by a single corporation.
(1) A relevant person other than the CEO must lodge with the CEO a primary return in the prescribed form within 3 months of the start day.
(2) A CEO must lodge with the mayor or president a primary return in the prescribed form within 3 months of the start day.
(3) This section does not apply to a person who —
(a) has lodged a return within the previous year; or
(b) has, within 3 months of the start day, ceased to be a relevant person.
Penalty: $10 000 or imprisonment for 2 years.
(1) Each year, a relevant person other than the CEO must lodge with the CEO an annual return in the prescribed form by 31 August of that year.
(2) Each year, a CEO must lodge with the mayor or president an annual return in the prescribed form by 31 August of that year.
Penalty applicable to subsections (1) and (2): $10 000 or imprisonment for 2 years.
On receipt of a return under section 5.75 or 5.76 from a person, the CEO or the mayor or president, as the case may be, is to give the person written acknowledgment of having received the return.
(1) A relevant person must comply with the requirements of sections 5.79, 5.80, 5.81, 5.84, 5.85 and 5.86 in relation to the disclosure of information in a return.
Penalty for this subsection: imprisonment for 12 months and a fine of $12 000.
(2) Nothing in this Subdivision requires a relevant person to —
(a) include in a return any information which has been disclosed in a previous return made by the relevant person; or
(b) disclose the actual value, amount or extent of any asset, income, interest, debt or disposition referred to in section 5.79, 5.80, 5.81, 5.84, 5.85 or 5.86.
(1) A relevant person is to disclose in a primary return and an annual return —
(a) the address of each parcel of real property, located in the district or in an adjoining district, in which the person had an interest —
(i) in the case of a primary return, on the start day; and
(ii) in the case of an annual return, at any time during the return period;
and
(b) the nature of the interest in each parcel of real property to which paragraph (a) applies.
(2) Nothing in this Subdivision requires a relevant person to disclose in a return an interest in a parcel of real property to which subsection (1) applies if the person had the interest only —
(a) in the capacity of executor or administrator of the estate of a deceased person and the person was not a beneficiary under the will or did not have an entitlement under the intestacy; or
(b) in the capacity of trustee and the person acquired the interest in the ordinary course of an occupation of the person which is not related to the person’s duties as a council member or employee; or
(c) by way of security for a debt.
(3) In this section —
(1) A relevant person is to disclose —
(a) in a primary return, each source from which the person reasonably expects to receive income in the period commencing on the start day and ending on the next 30 June; and
(b) in an annual return, each source from which income was received by the person at any time during the return period.
(2) A reference in subsection (1) to each source from which income was received, or is reasonably expected to be received, by a person is a reference to —
(a) in relation to income from an occupation of the person —
(i) a description of the occupation; and
(ii) if the person is employed or the holder of an office, the name and address of the person’s employer or a description of the office; and
(iii) if the person has entered into a partnership with other persons, the name (if any) under which the partnership is conducted;
and
(b) in relation to income from a trust, the name and address of the settlor and the trustee; and
(c) in relation to any other income, a description sufficient to identify the person from whom, or the circumstances in which, the income was, or is reasonably expected to be, received.
(b) the local government did not complete the review before amendment day.
(6) The local government must complete the review on or after amendment day as if section 3.16 had not been amended by section 20 of the 2024 amendment Act.
(7) Section 3.16, as amended by section 20 of the 2024 amendment Act, applies after the day on which the local government completes the review as if the local government had made, on that day, a determination under section 3.16(4) in respect of the pre‑amendment local law.
(8) For the purposes of subclauses (3) to (7), a local government completes a review of a pre‑amendment local law when —
(a) the local government has, under section 3.16(3), considered any submissions made and has caused a report of the review to be prepared and submitted to its council; and
(b) its council has then completed its consideration of the report.
(9) Subclause (10) applies to a pre‑amendment local law if —
(a) the pre‑amendment local law commenced before the relevant pre‑amendment period; and
(b) during the relevant pre‑amendment period, the local government gave no local public notice in respect of a review of the pre‑amendment local law under section 3.16(2).
(10) Section 3.16, as amended by section 20 of the 2024 amendment Act, applies on and after amendment day as if the period of 15 years after the day on which the pre‑amendment local law commenced ends at the end of the period of 2 years beginning on amendment day.
(11) If different provisions of a local law commenced on different days, for the purposes of this clause, the local law is taken to have commenced on the earliest of those days.
(1) In this clause —
(2) On and after amendment day, an existing committee continues in place as if it were established under section 5.8 as inserted by section 38 of the 2024 amendment Act.
(1) In this clause —
(2) For each of its existing committees, a local government must make its first appointment of the presiding member under new section 5.12(1) no later than 1 July 2025.
(3) Until the first appointment is made, the person who, immediately before amendment day, is the presiding member of the existing committee may continue to be the presiding member.
(4) If that person goes out of office before the first appointment is made, the person’s replacement as presiding member must be appointed by the local government under new section 5.12(1) as soon as practicable (but no later than 1 July 2025).
(1) In this clause —
(2) An existing deputy presiding member may continue to be the deputy presiding member of their committee until the end of 30 June 2025.
(3) Subclause (2) ceases to apply if the existing deputy presiding member, or another person, is appointed by the local government as the deputy presiding member of the committee under new section 5.12(2).
(1) In this clause —
(2) A local government must, in accordance with new Part 7 Division 1A, establish its audit, risk and improvement committee no later than 6 months after amendment day.
(3) On and after amendment day, until the audit, risk and improvement committee is established —
(a) the local government’s existing audit committee continues in place in accordance with old Part 7 Division 1A; and
(b) the local government may, as and when required, appoint members to the existing audit committee in accordance with old Part 7 Division 1A; and
(c) the existing audit committee’s functions are those of the audit, risk and improvement committee.
(1) In this clause —
(2) This clause applies to a nomination by a body corporate that is in force under section 4.31(1G) immediately before amendment day.
(3) On and after amendment day —
(a) the nomination continues in force as if it were made under section 4.31(1G) as inserted by section 32 of the 2024 amendment Act; but
(b) despite section 4.31(1G)(a) as inserted by section 32 of the 2024 amendment Act, the nominee does not have to be an officer or employee of the body corporate in order to be an owner or occupier of rateable property on the basis of the nomination.
(1) In this clause —
(2) Clause 12, as in force immediately before amendment day, continues to apply, on and after amendment day, in relation to the following as if clause 12 had not been deleted by section 158 of the 2024 amendment Act —
(a) an enrolment eligibility claim made before amendment day;
(b) a person who is an elector by virtue of an enrolment eligibility claim made before amendment day.
(3) On and after amendment day, a person is not qualified under section 2.19(1)(b) if the person is only eligible for enrolment under section 4.30(1)(a) and (b) because of subclause (2).
(1) In this Subdivision —
(2) A term used in this Subdivision that is given a meaning in this Act (including as amended by the 2024 amendment Act) has the same meaning.
(1) This subclause applies if, on amendment day, a standards panel is dealing with a complaint allocated to the standards panel under old section 5.110 but has not acted under subsection (2) of that section in respect of the complaint.
(2) If subclause (1) applies, the standards panel may deal with the complaint under old section 5.110 and the old Schedule continues to apply for that purpose.
(3) Despite subclause (2), if the breach alleged in the complaint might be a recurrent breach if found to have been committed, the standards panel must give the complaint to the Inspector to be dealt with under new Part 8A as if it were a complaint alleging a conduct breach.
(4) Old section 5.125 continues to apply in relation to a decision of a standards panel.
(5) If, before amendment day, the Departmental CEO has received a complaint under old section 5.114 alleging a serious breach, and the Departmental CEO considers that it may be appropriate to make an allegation to the State Administrative Tribunal in relation to the matter, the Departmental CEO must send the complaint to the Inspector to be dealt with under new Part 8A as if it were a complaint of a specified breach.
(6) If, on amendment day, an allegation under old section 5.112 or old section 5.116 is pending before the State Administrative Tribunal, the Tribunal must deal with the allegation as if it were an allegation of a recurrent breach or specified breach made to the Tribunal under this Act as amended.
(1) A minor breach found before amendment day or under clause 73 to have been committed is taken to have been found to be a conduct breach for the purposes of this Act.
(2) A recurrent breach found before amendment day to have been committed is taken to have been found to be a recurrent breach for the purposes of this Act.
(3) A serious breach found before amendment day to have been committed is taken to have been found to be a specified breach for the purposes of this Act.
(1) An order imposing a sanction under old section 5.110(6), old section 5.113 or old section 5.117(1) may be enforced as if it were —
(a) in the case of an order under old section 5.110(6) — an order under new Part 8A section 8A.18(4);
(b) in the case of an order under old section 5.113 — an order under new Part 8A section 8A.14(5);
(c) in the case of an order under old section 5.117(1) — an order under new Part 8A section 8A.25(1).
(2) Except in section 2.25A as inserted by section 12 of the 2024 amendment Act, a person suspended by order under old section 5.113 or old section 5.117(1) is taken to be or to have been suspended by order under new Part 8A section 8A.14(5), 8A.18(4) or 8A.25(1).
(3) A person disqualified by order under old section 5.113 or old section 5.117(1) from holding office as a member of a council is taken to be or to have been disqualified by order under new Part 8A section 8A.14(5) or 8A.25(1).
(1) In this clause —
(2) The primary standards panel must, as soon as practicable after amendment day, prepare and provide to the Minister a report on the complaints dealt with by all standards panels (including complaints dealt with under clause 72) after the last report was given to the Minister under the old Schedule clause 11.
(3) For the purposes of subclause (2), the old Schedule continues to apply to the primary standards panel.
(4) The Minister must cause a copy of the report to be laid before each House of Parliament.
(1) In this clause —
(2) An inquiry has commenced under former Division 1 if —
(a) the Departmental CEO has commenced the inquiry under old section 8.3(1); or
(b) the Departmental CEO has authorised the inquiry under old section 8.3(2).
(3) A current inquiry must be conducted in the manner provided by former Division 1, and its provisions apply accordingly.
(1) In this clause —
(2) An Inquiry Panel conducting an inquiry immediately before amendment day is taken to have been appointed as an Independent Inquiry and —
(a) this Act as amended by the 2024 amendment Act applies accordingly; and
(b) any member of the Inquiry Panel —
(i) continues in office as a member of the Independent Inquiry; and
(ii) subject to this Act, holds the office for the duration of the inquiry.
(1) In this clause —
(2) For the purposes of Part 8 Division 1A —
(a) a reference in section 8.15E(2)(b) to an allegation includes a reference to an allegation mentioned in section 8.15E(2)(b) as in force immediately before amendment day;
(b) a reference in sections 8.15E(3) and (4) and 8.15K(2) to advice of the Inspector includes a reference to advice provided by the Departmental CEO before amendment day.
(1) In this clause —
(2) A person authorised to act under an existing authorisation may continue to act as if the authorisation were an authorisation under section 8.36 as amended by section 119 of the 2024 amendment Act.
(3) The Departmental CEO may continue to carry out any inquiry or other action commenced by the Departmental CEO under Part 8 Division 4 before amendment day, and for that purpose may exercise any of the powers of the Inspector under Part 8 Division 4 as amended by the 2024 amendment Act.
(4) An approval given by the Departmental CEO under section 8.41(2) before amendment day continues to have effect as if it were given by the Inspector under section 8.41(2) as amended by section 121 of the 2024 amendment Act.
(1) In this clause —
(a) means a matter or issue of a transitional nature that arises as a result of any of the amendments to this Act, or to any other written law, made by the 2024 amendment Act; and
(b) includes a saving or application matter.
(2) Regulations may prescribe anything required, necessary or convenient to be prescribed in relation to a transitional matter.
(3) Without limiting subclause (2), regulations made for the purposes of that subclause may provide that specified provisions of this Act or any other written law —
(a) do not apply to, or in relation to, a specified matter or thing; or
(b) apply with specified modifications to, or in relation to, a specified matter or thing.
(4) If regulations made for the purposes of subclause (2) provide that a specified state of affairs is taken to have existed, or not to have existed, on and from a day that is earlier than the day on which the regulations are published in accordance with the
Interpretation Act 1984 section 41(1)(a) but not earlier than the day on which section 159 of the 2024 amendment Act comes into operation, the regulations have effect according to their terms.(5) If regulations made for the purposes of subclause (2) contain a provision of a kind described in subclause (4), the provision does not operate so as —
(a) to affect in a manner prejudicial to any person (other than the State or an authority of the State) the rights of that person existing before the day of publication of those regulations; or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the day of publication of those regulations.
This is a compilation of the
74 of 1995 | 9 Jan 1996 | 1 Jul 1996 (see s. 1.2) | |||||
1 Jul 1996 (see r. 2) | |||||||
14 of 1996 | 28 Jun 1996 | 1 Jul 1996 (see s. 2) | |||||
25 Oct 1996 | |||||||
81 of 1996 | 14 Nov 1996 | 14 Nov 1996 (see s. 2(1)) | |||||
29 Apr 1997 | |||||||
57 of 1997 | 15 Dec 1997 | 15 Dec 1997 (see s. 2(1)) | |||||
1 of 1998 | 26 Mar 1998 | Act other than s. 21: 26 Mar 1998 (see s. 2(1)); s. 21: 1 Jul 1998 (see s. 2(2)) | |||||
64 of 1998 | 12 Jan 1999 | 12 Jan 1999 (see s. 2) | |||||
16 of 1999 | 19 May 1999 | 7 Aug 1999 (see s. 2 and | |||||
26 of 1999 | 29 Jun 1999 | 1 Jul 1999 (see s. 2(1) and | |||||
36 of 1999 | 2 Nov 1999 | 1 Jan 2001 (see s. 2 and | |||||
44 of 1999 | 25 Nov 1999 | 25 Nov 1999 (see s. 2) | |||||
24 of 2000 | 4 Jul 2000 | 4 Jul 2000 (see s. 2) | |||||
10 of 2001 | 28 Jun 2001 | 15 Jul 2001 (see s. 2 and | |||||
28 of 2001 | 21 Dec 2001 | 4 Dec 2006 (see s. 2 and | |||||
20 of 2003 | 23 Apr 2003 | 15 Jul 2001 (see s. 2(1) and Cwlth | |||||
21 of 2003 | 23 Apr 2003 | 11 Mar 2002 (see s. 2 and Cwlth | |||||
28 of 2003 | 22 May 2003 | 1 Jul 2003 (see s. 2 and | |||||
74 of 2003 | 15 Dec 2003 | 15 Dec 2003 (see s. 2) | |||||
42 of 2004 | 9 Nov 2004 | 4 Jan 2005 (see s. 2 and | |||||
49 of 2004 (as amended by No. 8 of 2009 s. 88; No. 17 of 2009 s. 48) | 12 Nov 2004 | s. 1 and 2: 12 Nov 2004; s. 17, 30‑37, 38(1) and (2) and 39‑41: 22 Jan 2005 (see s. 2 and | |||||
59 of 2004 (as amended by No. 2 of 2008 s. 77(13)) | 23 Nov 2004 | 1 May 2005 (see s. 2 and | |||||
55 of 2004 | 24 Nov 2004 | 1 Jan 2005 (see s. 2 and | |||||
84 of 2004 | 16 Dec 2004 | 2 May 2005 (see s. 2 and | |||||
24 of 2005 | 2 Dec 2005 | 1 Jan 2006 (see s. 2(1) and | |||||
38 of 2005 | 12 Dec 2005 | 9 Apr 2006 (see s. 2 and | |||||
28 of 2006 | 26 Jun 2006 | 1 Jul 2006 (see s. 2 and | |||||
60 of 2006 | 16 Nov 2006 | 1 Jan 2007 (see s. 2(1) and | |||||
66 of 2006 | 8 Dec 2006 | Act other than s. 14: 9 Dec 2006 (see s. 2(1)); s. 14: 6 Sep 2007 (see s. 2(2) and | |||||
77 of 2006 | 21 Dec 2006 | 1 Feb 2007 (see s. 2(1) and | |||||
1 of 2007 | 28 Mar 2007 | s. 1 and 2: 28 Mar 2007; Act other than s. 1 and 2: 21 Oct 2007 (see s. 2 and | |||||
9 of 2007 | 25 Jun 2007 | s. 1 and 2: 25 Jun 2007; Act other than s. 1 and 2: 6 Sep 2007 (see s. 2 and | |||||
11 of 2007 | 29 Jun 2007 | 1 Jul 2008 (see s. 2 and | |||||
35 of 2007 | 21 Dec 2007 | 31 Oct 2009 (see s. 2(b) and | |||||
12 of 2008 | 14 Apr 2008 | 1 Jul 2008 (see s. 2(d)) | |||||
8 of 2009 | 21 May 2009 | 22 May 2009 (see s. 2(b)) | |||||
15 of 2009 | 17 Aug 2009 | s. 1 and 2: 17 Aug 2009 (see s. 2(a)); Act other than s. 1 and 2: 29 Aug 2009 (see s. 2(b) and | |||||
17 of 2009 | 16 Sep 2009 | s. 1 and 2: 16 Sep 2009 (see s. 2(a)); Act other than s. 1, 2 and 34: 21 Nov 2009 (see s. 2(b) and | |||||
24 of 2009 | 22 Oct 2009 | s. 506: 16 May 2011 (see s. 2(d) and | |||||
19 of 2010 | 28 Jun 2010 | 11 Sep 2010 (see s. 2(b) and | |||||
28 of 2010 | 19 Aug 2010 | 22 Nov 2010 (see s. 2(b) and | |||||
39 of 2010 | 1 Oct 2010 | 1 Dec 2010 (see s. 2(b) and | |||||
58 of 2010 | 8 Dec 2010 | 1 Jan 2011 (see s. 2(c) and | |||||
24 of 2011 | 11 Jul 2011 | 2 Apr 2012 (see s. 2(b) and | |||||
47 of 2011 | 25 Oct 2011 | 26 Oct 2011 (see s. 2(b)) | |||||
2 of 2012 | 4 Apr 2012 | Pt. 2 other than s. 13-18: 21 Apr 2012 (see s. 2(b) and | |||||
8 of 2012 | 21 May 2012 | 27 Apr 2015 (see s. 2(d) and | |||||
23 of 2012 | 29 Aug 2012 | 7 Aug 2013 (see s. 1B(b) and | |||||
35 of 2014 | 9 Dec 2014 | 1 Jul 2015 (see s. 2(b) and | |||||
30 of 2015 | 2 Nov 2015 | 1 Jul 2016 (see s. 2(b) and | |||||
2 of 2016 | 3 Mar 2016 | 4 Mar 2016 (see s. 2(b)) | |||||
16 of 2016 | 11 Jul 2016 | 12 Oct 2016 (see s. 2(b) and | |||||
19 of 2016 | 25 Jul 2016 | 24 Jan 2017 (see s. 2(1)(c) and | |||||
26 of 2016 | 21 Sep 2016 | Pt. 2 (other than s. 4, 6-9, 11 and 17): 12 Nov 2016 (see s. 2(b) and | |||||
5 of 2017 | 1 Sep 2017 | s. 1 and 2: 1 Sep 2017 (see s. 2(a)); Act other than s. 1, 2, 4(2) and 7(2): 28 Oct 2017 (see s. 2(b) and | |||||
30 of 2018 | 19 Nov 2018 | 1 May 2020 (see s. 2(b) and SL 2020/39 cl. 2) | |||||
31 of 2018 | 19 Nov 2018 | s. 1 and 2: 19 Nov 2018 (see s. 2(b)); Act other than s. 1 and 2: 20 Nov 2018 (see s. 2(b)) | |||||
16 of 2019 (as amended by No. 47 of 2024 s. 174) | 5 Jul 2019 | s. 3‑4, 6‑12, 18, 19, 21, 23, 45‑47, 52‑56, 58‑60, 62, 63, 69‑73: 6 Jul 2019 (see s. 2(c)); s. 15: 10 Aug 2019 (see s. 2(b) and | |||||
17 of 2020 | 20 Apr 2020 | s. 1 and 2: 20 Apr 2020 (see s. 2(a)); Act other than s. 1, 2 and 5: 21 Apr 2020 (see s. 2(c)); s. 5: 3 Nov 2024 (see s. 2(b) and SL 2024/222 cl. 2) | |||||
36 of 2020 | 10 Nov 2020 | 31 Mar 2022 (see s. 2(1)(c) and SL 2022/18 cl. 2) | |||||
45 of 2020 | 9 Dec 2020 | 1 Aug 2021 (see s. 2(1)(e) and SL 2021/124 cl. 2) | |||||
20 of 2021 | 24 Nov 2021 | 25 Nov 2021 (see s. 2(b)) | |||||
21 of 2022 | 24 Jun 2022 | 7 Aug 2023 (see s. 2(b) and SL 2023/111 cl. 2) | |||||
33 of 2022 | 21 Oct 2022 | 3 Nov 2022 (see s. 2(b) and SL 2022/175 cl. 2) | |||||
11 of 2023 | 18 May 2023 | s. 3, 60, 86, 87 and 99: 19 May 2023 (see s. 2(1)(b)); s. 5(2) and (4), 7‑11, 13‑16, 19(1)‑(3), 24 and 89: 21 Jun 2023 (see s. 2(1)(d) and SL 2023/77 cl. 2); s. 4, 5(1) and (3), 6, 12, 18, 19(4), 20, 21, 25 to 28, 31(2) and (3), 33 to 39, 40(1) and (2), 42 to 54, 56, 57, 71, 76(2), 77(3), 88 and 90 to 98: 1 Jul 2023 (see s. 2(1)(d) and SL 2023/92 cl. 2(a)); s. 58, 66, 70, 79(1) and 82: 19 Oct 2023 (see s. 2(1)(d) and SL 2023/157 cl. 2(a)); s. 17, 29, 30, 31(1), 32, 40(3), 41, 79(2) and 80: 1 Jan 2024 (see s. 2(1)(d), SL 2023/92 cl. 2(b) and SL 2023/157 cl. 2(b)); s. 23: 1 Jul 2024 (see s. 2(1)(d) and SL 2023/92 cl. 2(c)) | |||||
21 of 2023 | 24 Oct 2023 | 1 Jul 2024 (see s. 2(d) and SL 2024/34 cl. 2) | |||||
30 of 2023 | 11 Dec 2023 | 1 Jul 2024 (see s. 2(c)) | |||||
47 of 2024 | 6 Dec 2024 | s. 3, 4(3), 5‑7, 14(1) and (3), 15, 18-26, 28‑31, 34, 35, 37‑39, 41‑43, 50, 58, 59(2), 72(2), 84, 89, 115(2), 126‑128, 130, 132, 135, 138, 141, 144, 152‑154 and 159‑161: 7 Dec 2024 (see s. 2(1)(b)); s. 8(2), 9, 10, 32, 33, 54, 62, 63, 145 and 158: 1 Feb 2025 (see s. 2(1)(i) and SL 2025/8 cl. 2); s. 143 and 146-151: 24 Jul 2025 (see s. 2(1)(i) and SL 2025/140 cl. 2) | |||||
To view the text of the uncommenced provisions see
5 of 2017 (as amended by No. 11 of 2023 s. 103) | 1 Sep 2017 | To be proclaimed (see s. 2(1)(c)) | |
11 of 2023 (as amended by No. 47 of 2024 s. 172) | 18 May 2023 | To be proclaimed (see s. 2(1)(d), (2) and (3)) | |
17 of 2024 | 14 May 2024 | To be proclaimed (see s. 2(b)) | |
47 of 2024 | 6 Dec 2024 | To be proclaimed (see s. 2(1)(c)-(f), (h) and (i) and (2) and (3)) |
(1) In this Part —
(2) A reference in this Part to the City of Perth scheme is a reference to the scheme as it is amended from time to time.
(3) A reference in this Part to the industry scheme is a reference to the scheme as it is amended from time to time.
(1) To provide superannuation and other benefits for its employees and their dependants, a municipality shall participate in and comply with the industry scheme.
(2) A municipality shall exercise such powers and discharge such obligations as are necessary to give effect to the industry scheme.
(3) Subsections (1) and (2) do not apply in respect of an employee if under section 170D, or the
City of Perth Act 2016 section 23, a municipality has to participate in and comply with the City of Perth scheme in respect of that employee.(4) Subsections (1) and (2) apply to the City of Perth only in respect of those of its employees who are not members of the City of Perth scheme.
(5) If, in respect of an employee for any period —
(a) there is a chosen fund for the employee throughout the period; and
(b) the chosen fund is not the industry scheme; and
(c) the municipality makes the minimum SG contributions for the employee for that period to the chosen fund,
the amount that the municipality would, but for this subsection, be required under subsection (1) and the industry scheme trust deed to contribute to the industry scheme for that employee for that period is reduced by the amount of those minimum SG contributions made to the chosen fund.
(6) In subsection (5) —
(a) the following terms have the same meanings as they have in the
Superannuation Guarantee (Administration) Act 1992 (Cwlth) —(i) chosen fund for the employer;
(ii) individual superannuation guarantee shortfall;
and
(b) a reference to a municipality making the minimum SG contributions for an employee for a period is a reference to the municipality making the contributions necessary for it to avoid incurring an individual superannuation guarantee shortfall in respect of the employee in respect of that period.
(1) The City of Perth shall establish a scheme that accords with the SIS Act to provide superannuation and other benefits for its employees and their dependants and for those of its former employees (and their dependants) whose employers, by virtue of section 170D or the
City of Perth Act 2016 section 23, are required to participate in and comply with the scheme.(2) The City of Perth shall participate in and comply with the City of Perth scheme.
(3) The City of Perth shall exercise such powers and discharge such obligations as are necessary to give effect to the City of Perth scheme.
(4) A person who becomes an employee of the City of Perth shall be a member of and subject to the City of Perth scheme unless he or she elects to be a member of the industry scheme.
(1) If a person —
(a) is a member of the City of Perth scheme; and
(b) becomes an employee of a regional council of which the City of Perth is a constituent municipality,
then, despite section 170B, the regional council shall, in respect of that person, participate in and comply with the City of Perth scheme in the same way and to the same extent as the City of Perth would be required to if the person were its employee; unless the person elects to become a member of the industry scheme.
(2) A person referred to in subsection (1) does not cease to be a member of the City of Perth scheme by reason only of ceasing to be an employee of the City of Perth.
Nothing in this Part prevents a municipality from participating, in respect of an employee of the municipality, in a superannuation scheme in addition to either the industry scheme or the City of Perth scheme (as the case may be) if the municipality and the employee agree to participate in that other scheme.
(1) The DBNGP Land Access Minister is not liable to pay rates in respect of land in the DBNGP corridor.
(2) A holder of rights conferred under section 34 of this Act or the holder’s nominee approved under section 34(3) of this Act is not, as the holder of those rights or the holder’s nominee, liable to pay rates.
(3) The DBNGP Land Access Minister is to pay to each local government in the district of which there is any utilized corridor land an amount equivalent to the rates that would have been assessable in the hands of an owner holding the fee simple in the land whose rates were assessable on the basis of unimproved value.
(4) An amount payable under subclause (3) is to be treated for the purposes of Part 4 of this Act as a part of the cost of administering that Part.
(5) In this clause —
Despite anything to the contrary in the
(a) there is on or under that land any pipe or system of pipes for or incidental to the transport of gas in respect of which a distribution licence has been issued under Part 2A of the
Energy Coordination Act 1994 ; or(b) a person is the holder of a distribution licence under Part 2A of the
Energy Coordination Act 1994 in respect of a distribution system that is on or under that land.
(1) If, when this Act comes into operation —
(a) a local government has resolved to make a by‑law under the
Bush Fires Act 1954 , theCity of Perth Parking Facilities Act 1956 or theHealth Act 1911 ; but(b) the by‑law has not been published in the
Gazette ,
the process of making, confirming or approving, and publishing the by‑law may be completed as if this Act and the
(2) If, when this Act comes into operation —
(a) a local government has —
(i) resolved to make a by‑law under the
Cemeteries Act 1986 , theControl of Vehicles (Off‑road Areas) Act 1978 or theDog Act 1976 ; and(ii) caused a notice of intention to submit the by‑law for confirmation or approval by the Governor to be published;
but
(b) the by‑law has not been published in the
Gazette ,
the process of making, confirming or approving, and publishing the by‑law may be completed as if this Act and the
(3) A by‑law that is made, confirmed or approved, or published in accordance with subsection (1) or (2) becomes a local law as soon as it is published in the
Gazette .(4) If, when this Act comes into operation —
(a) a local government has resolved to make a by‑law under the
Cemeteries Act 1986 , theControl of Vehicles (Off‑road Areas) Act 1978 or theDog Act 1976 ; but(b) a notice of intention to submit the by‑law for confirmation or approval by the Governor has not been published,
the resolution ceases to have effect as a resolution to make a by‑law and instead has effect as if it were a resolution under that Act as amended by this Act proposing to make a local law to the same effect.
(5) This section ceases to operate on the day 6 months after this Act comes into operation.
(1) If there is no sufficient provision in this Act for dealing with a transitional matter, the Governor may make regulations prescribing all matters that are required, or are necessary or convenient, for dealing with that transitional matter.
(2) Regulations made under subsection (1) may have effect before the day on which they are published in the
Gazette .(3) To the extent that a regulation made under subsection (1) may have effect before the day of its publication in the
Gazette , it does not —(a) affect in a manner prejudicial to any person (other than the State or a local government), the rights of that person existing before the day of its publication; or
(b) impose liabilities on any person (other than the State or a local government) in respect of anything done or omitted to be done before the day of its publication.
(4) In subsection (1) —
(3) The amendments made by this section have no effect in relation to a notice given under section 3.49 before the commencement of this section or anything done in consequence of such a notice.
(1) If this Act receives the Royal Assent before the day on which Schedule 1 to the Financial Services Reform Act comes into operation, this Act comes into operation at the same time as that Schedule comes into operation.
(2) If this Act receives the Royal Assent on or after the day on which Schedule 1 to the Financial Services Reform Act comes into operation, this Act is deemed to have come into operation at the same time as that Schedule comes into operation.
In this Part —
(1) This section applies if this Act comes into operation under section 2(2).
(2) Anything done or omitted to have been done after the FSR commencement time and before this Act receives the Royal Assent that could have been done if this Act had received the Royal Assent before the FSR commencement time is taken to be as valid and lawful, and to always have been as valid and lawful, as it would have been if this Act had received the Royal Assent before the FSR commencement time.
(3) Anything done or omitted to have been done by a person after the FSR commencement time and before this Act received the Royal Assent that would have been valid and lawful if the Financial Services Reform Act had not commenced, is taken to be valid and lawful.
(4) Anything done or omitted to have been done after the FSR commencement time and before this Act receives the Royal Assent —
(a) that could only have been validly and lawfully done or omitted because this Act received the Royal Assent after the FSR commencement time; and
(b) that could not have been validly and lawfully done or omitted if this Act had received the Royal Assent before the FSR commencement time,
is taken not to be valid, and to never have been valid.
(2) Despite subsection (1), if the day for an election, referendum or other poll was fixed under the
Local Government Act 1995 before the commencement of this section, sections 4.1A and 4.1B of that Act as inserted by subsection (1) do not apply in respect of that election, referendum or other poll.
(6) Schedule 2.1 of the
Local Government Act 1995 as in force immediately before the commencement of this section applies to and in respect of any proposal made under clause 2 of that Schedule before that commencement.
Schedule 2 has effect.
Schedule 2 reads as follows:
[s. 14]
In this Schedule —
(1) On the commencement, WALGA becomes the successor in law of each body previously constituted under section 9.58.
(2) In particular —
(a) each body previously constituted under section 9.58 is dissolved;
(b) the property of each body previously constituted under section 9.58 becomes the property of WALGA;
(c) all assets, liabilities, rights and duties of the body previously constituted under section 9.58 becomes the assets, liabilities, rights and duties of WALGA;
(d) any proceedings or remedy that immediately before the commencement might have been brought or continued by or available against or to a body previously constituted under section 9.58, may be brought or continued and are available, by or against or to WALGA;
(e) WALGA is to take delivery of all papers, documents, minutes, books of account and other records (however compiled, recorded or stored) relating to the operations of each body previously constituted under section 9.58.
Any agreement or instrument subsisting immediately before the commencement —
(a) to which a body previously constituted under section 9.58 was a party; or
(b) which contains a reference to a body previously constituted under section 9.58,
has effect after the commencement as if —
(c) WALGA were substituted for the body previously constituted under section 9.58 as a party to the agreement or instrument; and
(d) any reference in the agreement or instrument to the body previously constituted under section 9.58 were (unless the context otherwise requires) amended to be or include a reference to WALGA.
Anything done before the commencement under the name of WALGA, or the Western Australian Local Government Association, by, to, or in respect of, a body previously constituted under section 9.58 is as valid and effective, and is to be taken to have always been as valid and effective, as it would have been had the thing been done after the commencement by, to, or in respect of WALGA.
Nothing in this Schedule is to be construed so as to limit the operation of the
(3) The amendment effected by subsection (2) is to be taken to have come into operation on the day on which the
Local Government Act 1995 came into operation and any laws referred to in —(a) subclause (4a)(a) of that amendment are to be taken to have applied from that day; and
(b) subclause (4a)(b) of that amendment are to be taken to have applied from the day on which the local law commenced.
(1) In this regulation —
(2) If a local government receives, before the commencement day, a notice in accordance with the LG Act section 6.77 (as in force when the notice was received by the local government) but does not before the commencement day refer the decision referred to in the notice to a Land Valuation Tribunal as an appeal, on and after the commencement day the local government must refer the notice to the State Administrative Tribunal and the notice is to be taken to be an application to the Tribunal for a review of the decision under the LG Act section 6.77.
(3) If a local government receives, before the commencement day, a notice in accordance with the LG Act section 6.78 (as in force when the notice was received by the local government) but does not before the commencement day refer the decision referred to in the notice to a Land Valuation Tribunal as an appeal, on and after the commencement day the local government must refer the notice to the State Administrative Tribunal and the notice is to be taken to be an application to the Tribunal for a review of the decision under the LG Act section 6.78.
(1) In this section —
(a) section 5.43(c);
(b) in section 7.1, the definitions of
approved auditor ,disqualified person ,qualified person andregistered company auditor ;(c) Part 7 Division 2;
(d) Part 7 Division 3;
(e) section 7.12AA;
(f) section 7.12AF;
(g) section 7.13(1)(ab)(i), (ac), (a)‑(e), (g) and (h).
(2) The superseded provisions are deleted on a day fixed by proclamation.
(3) A proclamation cannot be made under subsection (2) unless the Minister is satisfied that there is no reason for the superseded provisions to remain in operation.
(4) This section is deleted immediately after the superseded provisions are deleted.
Note for Part 7:
The description at the beginning of Part 7 is to be altered by:
(a) deleting “
the financial accounts o f ”;(b) deleting paragraph (a) and inserting:
(a) the establishment of audit committees; and
2023 amendment Act............................................................................... Sch. 9.3 cl. 57
2024 amendment Act............................................................................... Sch. 9.3 cl. 63
abandoned vehicle wreck.................................................................................. 3.40A(5)
absent vote................................................................................................................... 4.67
absolute majority.......................................................................................................... 1.4
Absolute majority required......................................................................................... 1.9
acquire..................................................................................................................... 3.59(1)
action report........................................................................................................... 7.13(1)
additional purpose................................................................................................. 6.8(1a)
address..................................................................................................................... 5.74(1)
Advisory Board............................................................................................................. 1.4
affected electors................................................................. Sch. 2.1 cl. 1, Sch. 2.2 cl. 1
affected local government......................................................................... Sch. 2.1 cl. 1
affected person.............................................................................................................. 9.2
agreement............................................................................................................... 7.13(1)
alleged offender.......................................................................................................... 3.38
amending Act....................................................................... Sch. 9.3 cl. 14A(1), 42, 45
amending provision.................................................................................. Sch. 9.3 cl. 44
amendment day............ Sch. 9.3 cl. 58(1), 59(1), 61(1), 65(1), 66(1), 67(1), 68(1), ................................................. 69(1), 70(1), 71(1), 72(1), 77(1), 78(1), 79(1), 80(1)
amount misapplied................................................................................................ 8.35(3)
an authorised person............................................................................................... 8.3(6)
annual budget................................................................................................................ 6.1
annual return.......................................................................................................... 5.74(1)
approved auditor........................................................................................................... 7.1
audit................................................................................................................................ 7.1
audit committee............................................................................................................ 7.1
audit contract..................................................................................... 7.1, Sch. 9.3 cl. 49
auditor............................................................................................................................. 1.4
Auditor General Act..................................................................................................... 7.1
audit report..................................................................................................................... 7.1
audit, risk and improvement committee.......................................... Sch. 9.3 cl. 69(1)
authorisation.................................................................................................................. 9.2
authorised employee.................................................................................................. 9.31
authorised land officer.......................................................................................... 9.69(1)
authorised person.................................................. 8.1, 8.35(3), 9.10(5), 9.13(1), 9.15
Authority................................................................................................................. 9.69(1)
ballot paper................................................................................................... Sch. 4.1 cl. 7
breach...................................................................................................................... 5.102A
budget deficiency.......................................................................................................... 6.1
candidate................................................................... 5.102A, Sch. 4.1A cl. 5(2), 11(2)
candidate A............................................................................ 4.81(4), Sch. 2.3 cl. 12(4)
candidate B............................................................................ 4.81(4), Sch. 2.3 cl. 12(4)
caretaker period............................................................................................. 1.4, 1.4A(1)
CEO................................................................................................................................ 1.4
certified copy.............................................................................................................. 9.31
change order........................................................................................................ 2.18A(1)
close of enrolments............................................................................................... 4.39(1)
close of nominations.................................................................................................. 4.49
commencement day.......................................................... 7.1, Sch. 9.3 cl. 1, 49, 56(1)
commissioner................................................................................................................ 1.4
committee....................................................................................................................... 5.1
committee member............................................................................................. 5.100(1)
complaints officer................................................................................................. 5.102A
concurrent election............................................................................. Sch. 4.1B cl. 1(1)
conditions............................................................................................................... 5.44(5)
continuing authority................................................................................... Sch. 9.3 cl. 1
continuing candidate............... Sch. 4.1A cl. 8(2), Sch. 4.1B cl. 4(1), Sch. 4.1 cl. 7
contravention that can lead to impounding............................................................ 3.38
corporation............................................................................................................. 5.74(1)
council............................................................................................................................ 1.4
councillor....................................................................................................................... 1.4
councillor mayor or president..................................................................................... 1.4
council meeting.................................................................................................. 5.23A(1)
council proceedings........................................................................................... 9.57A(1)
court......................................................................................................................... 3.26(5)
Crown lands................................................................................................................... 1.4
Crown lease................................................................................................................... 1.4
Crown lessee................................................................................................................. 1.4
current inquiry...................................................................................... Sch. 9.3 cl. 77(1)
DAP function...................................................................................................... 9.69B(1)
DAP regulations................................................................................................. 9.69B(1)
debt.......................................................................................................................... 5.85(3)
deceptive material................................................................................................. 4.88(4)
decision......................................................................................................... 5.125(2), 9.2
Department.................................................................................................................... 1.4
Departmental CEO....................................................................................................... 1.4
designated employee................................................................... 5.74(1), Sch. 9.3 cl. 1
determined......................................................................................... 5.98(1A), 5.100(1)
detriment................................................................................................................. 4.85(4)
differential general rate............................................................................................... 6.1
dispose..................................................................................................... 3.58(1), 3.59(1)
disposition of real property.................................................................................. 5.86(3)
disqualification offence.......................................................................................... 8.15D
disqualified............................................................................................................. 2.27(1)
disqualified person........................................................................................... 7.1, 7.4(2)
district............................................................................................................................. 1.4
districts..................................................................................................... Sch. 2.1 cl. 8(1)
disused material................................................................................................... Sch. 3.1
early vote..................................................................................................................... 4.67
elected candidate........................................................................ Sch. 4.1 cl. 9(1), 10(1)
election..................... 2.16A, 4.1, 4.36(2), Sch. 2.3 cl. 10, Sch. 4.1A cl. 8(2), 11(2), ............................................................................................................... Sch. 9.3 cl. 59(1)
election day.................................... 2.16A, 4.1, Sch. 4.1B cl. 1(2), Sch. 9.3 cl. 59(1)
election notice................................................................................................ 4.1, 4.64(2)
election year.................................................................................................................. 1.4
elector............................................................................................................................. 1.4
Electoral Commissioner.............................................................................................. 1.4
electoral conduct................................................................................................... 4.85(4)
Electoral Division................................................................................................. 4.1A(6)
electoral gift........................................................................................................... 5.62(2)
electoral material................................................................................................... 4.87(3)
electoral officer............................................................................................................. 4.1
electoral requirements.......................................................................................... 1.4, 4.1
electoral roll................................................................................................................... 4.1
electorate................................................................................................. 4.29(1), 4.30(1)
elector mayor or president.......................................................................................... 1.4
electors......................................................................................................................... 5.26
electronic broadcasting...................................................................................... 5.23A(1)
eligible body........................................................................................................... 5.49(1)
emergency............................................................................................ 3.73(1), 9.63A(1)
employee.......................................................................... 1.4, 5.48(1), 5.70(1), 7.10(2)
enrolment eligibility claim................................................................. Sch. 9.3 cl. 71(1)
enrolment information....................................................................................... 4.46A(1)
entitled person........................................................................................................ 6.67(3)
establishment agreement...................................................................................... 3.61(2)
event..................................................................................................................... 5.90A(1)
excluded candidate................................................................................ Sch. 4.1 cl. 5(2)
excluded provision............................................................................................. 9.63A(1)
existing audit committee.................................................................... Sch. 9.3 cl. 69(1)
existing authorisation.......................................................................... Sch. 9.3 cl. 80(1)
existing committee.................................................................. Sch. 9.3 cl. 66(1), 67(1)
existing deputy presiding member.................................................... Sch. 9.3 cl. 68(1)
existing roll........................................................................................... Sch. 9.3 cl. 12(1)
extension order.................................................................................................... 8.15F(3)
extent............................................................................................................................ 5.59
extraordinary election..................................................................................... 1.4, 4.8(3)
extraordinary vacancy............................................................................ Sch. 2.3 cl. 1, 6
financial audit................................................................................................................ 7.1
financial year................................................................................................................. 1.4
first-preference ballot paper...................................................................... Sch. 4.1 cl. 7
first-preference vote........................................................... 4.73(6), Sch. 4.1A cl. 5(2), .................................................................... Sch. 4.1B cl. 3(4), Sch. 4.1 cl. 1, Sch. 4.2
first unelected candidate................................ Sch. 4.1A cl. 11(2), Sch. 4.1B cl. 5(1)
former district.............................................................................................. Sch. 9.3 cl. 1
former Division 1................................................................................ Sch. 9.3 cl. 77(1)
former member....................................................... Sch. 4.1A cl. 1, Sch. 4.1B cl. 1(1)
former municipality.................................................................................... Sch. 9.3 cl. 1
former provisions............................................................................ Sch. 9.3 cl. 1, 56(1)
former section...................................................................................... Sch. 9.3 cl. 38(1)
former section 300................................................................................................ 3.53(1)
former section 5.89A(7)..................................................................... Sch. 9.3 cl. 56(1)
former valuation..................................................................................... Sch. 6.1 cl. 1(2)
FY17/18 audit....................................................................................... Sch. 9.3 cl. 51(1)
FY19/20 audit....................................................................................... Sch. 9.3 cl. 52(1)
general funds.......................................................................................................... 6.21(4)
general rate.................................................................................................................... 6.1
gift................................................................................................................................. 5.57
goods............................................................................................................................ 3.38
Government agreement............................................................................................. 6.25
Government Statistician.................................................................................... 2.16B(8)
gross rental value........................................................................................................ 6.25
group self-insurer licence.................................................................................... 5.49(1)
inaugural election............................................................................................. 1.4, 4.2(2)
income..................................................................................................................... 5.80(4)
indictable penalty.................................................................................................. 2.22(3)
inquiry............................................................................................................................ 8.1
Inquiry Panel................................................................................. 1.4, Sch. 9.3 cl. 78(1)
interest...................................................................................................... 5.79(3), 5.84(2)
interest relating to a gift............................................................................................ 5.59
interim valuation........................................................................................................ 6.25
invalidity complaint............................................................. 4.80(2), Sch. 2.3 cl. 11(2)
judicial proceedings.............................................................................................. 9.69(1)
land transaction...................................................................................... 3.59(1), 3.73(1)
last count............................................................. Sch. 4.1A cl. 8(2), Sch. 4.1B cl. 4(1)
later transfer.......................................................................................... Sch. 4.1 cl. 15(3)
law............................................................................................................................ 9.10(1)
lease......................................................................................................................... 6.60(1)
lessee....................................................................................................................... 6.60(1)
lessor........................................................................................................................ 6.60(1)
local government................................................................................................ 1.4, 9.15
local government audit................................................................................................ 7.1
local government property.......................................................................................... 1.4
local public notice........................................................................................................ 1.4
long service benefit............................................................................................... 5.48(1)
major land transaction........................................................................... 3.59(1), 3.73(1)
major trading undertaking.................................................................... 3.59(1), 3.73(1)
making..................................................................................................................... 3.12(8)
matter.................................................................................................................... 9.57A(1)
mayor or president election............................................................... Sch. 4.1B cl. 1(1)
meeting minutes.................................................................................................... 9.37(2)
member.............................................................. 1.4, 5.59, Sch. 2.5 cl. 1, Sch. 5.1 cl. 1
member of a parliament....................................................................................... 2.20(2)
metropolitan area.......................................................................................................... 1.4
minimum payment........................................................................................................ 6.1
minor breach.......................................................................................................... 5.102A
model code ............................................................................................................ 5.102A
model standards.................................................................................................. 5.39B(1)
municipal fund.............................................................................................................. 1.4
new ordinary election day provisions........................................... Sch. 9.3 cl. 14A(1)
new Part 7 Division 1A...................................................................... Sch. 9.3 cl. 69(1)
new Part 8A.......................................................................................... Sch. 9.3 cl. 72(1)
new section 5.12(1)............................................................................. Sch. 9.3 cl. 67(1)
new section 5.12(2)............................................................................. Sch. 9.3 cl. 68(1)
new valuation.......................................................................................... Sch. 6.1 cl. 1(2)
nomination place................................................................................................... 4.47(2)
non-perishable goods................................................................................................. 3.38
notice............................................................................ Sch. 2.1 cl. 1, Sch. 9.3 cl. 51(3)
notice recipient...................................................................................................... 3.26(2)
occupier........................................................................................................ 1.4, 2.19(2B)
offence..................................................................................................................... 2.22(3)
office......................................................................................................... Sch. 2.3 cl. 1, 6
officer............................................................................... 4.31(1GA), Sch. 9.3 cl. 70(1)
officially certified.................................................................................................. 9.48(2)
official plan............................................................................................................ 9.48(2)
old Part 7 Division 1A........................................................................ Sch. 9.3 cl. 69(1)
old Schedule......................................................................................... Sch. 9.3 cl. 72(1)
old section................................................................................. Sch. 9.3 cl. 72(1), 77(1)
one office election....................................................................................... Sch. 4.1 cl. 1
on which the order is based................................................................................... 8.15D
opt‑out notice...................................................................................................... 5.99C(2)
ordinary election.............................................................................................. 1.4, 4.4(2)
ordinary election day............................................................. 2.16A, Sch. 9.3 cl. 59(1)
ordinary elections day.................................................................................................. 1.4
original declaration............................................................................................... 4.81(5)
original former member....................................................................... Sch. 4.1A cl. 14
original order....................................................................................................... 8.15G(1)
original vacancy.................................................................................... Sch. 4.1A cl. 14
original valuations................................................................................. Sch. 6.1 cl. 2(2)
other person.............................................................................................................. 5.9(1)
otherwise unvested facility.................................................................................. 3.53(1)
owner........................................................................................... 1.4, 6.25, 9.13(1), 9.15
park........................................................................................................... Sch. 9.1 cl. 1(1)
parking facilities..................................................................................... Sch. 9.1 cl. 1(1)
parking region......................................................................................... Sch. 9.1 cl. 1(1)
participants............................................................................................................. 3.61(1)
party......................................................................................................................... 5.102A
performance audit......................................................................................................... 7.1
personal information............................................................................................. 5.92(5)
person having an interest..................................................................................... 3.51(1)
person X............................................................................................................... 4.46A(1)
person Y............................................................................................................... 4.46A(6)
person Z............................................................................................................... 4.46A(8)
polling place.................................................................................................................. 4.1
population................................................................................................................. 2.16A
postal election................................................................................................ 4.1, 4.61(1)
power of sale.......................................................................................................... 6.68(1)
power to borrow.................................................................................................... 6.20(2)
power to lease............................................................................................................. 6.65
pre-amendment local law................................................................... Sch. 9.3 cl. 65(1)
preference vote............................................................................. 4.73(6), Sch. 4.1 cl. 1
prescribed............................................................................................. 1.4, 9.13(1), 9.15
prescribed development application............................................................... 9.69B(1)
prescribed financial market................................................................................. 5.84(2)
preserved CEO..................................................................................... Sch. 9.3 cl. 43(1)
primary return........................................................................................................ 5.74(1)
primary standards panel..................................... 5.102A, 5.122(1), Sch. 9.3 cl. 76(1)
print.......................................................................................................... 4.87(3), 4.88(4)
private land.............................................................................................. Sch. 9.1 cl. 7(1)
private thoroughfare.............................................................. Sch. 3.1, Sch. 9.1 cl. 7(1)
proceedings............................................................................................................ 9.29(1)
property................................................................................................................... 3.58(1)
proposal........................................................................................................ Sch. 2.1 cl. 1
proposal land....................................................................................................... 5.60B(2)
public facility......................................................................................................... 9.46(4)
publish...................................................................................................... 4.88(4), 5.90(2)
qualified person............................................................................................................. 7.1
quota.............................................................................................................. Sch. 4.1 cl. 7
rate........................................................................................................................... 9.40(3)
rate record.................................................................................................................... 6.25
recording.............................................................................................................. 5.23A(1)
recurrent breach..................................................................................................... 5.102A
regional local government........................................................................................... 1.4
regional purpose.................................................................................................... 3.62(2)
regional subsidiary........................................................................................ 1.4, 3.69(1)
registered company auditor......................................................................................... 7.1
regulations...................................................................................................................... 7.1
reinstatement............................................................................................................ 8.15D
relative..................................................................................................................... 5.74(1)
relevant district...................................................................................................... 2.45(2)
relevant election.................................................................................................... 1.4A(2)
relevant gift ........................................................................................................ 5.71B(1)
relevant information............................................................................................. 4.52(1)
relevant interest..................................................................................................... 6.29(1)
relevant official.................................................................................... Sch. 2.1 cl. 12(1)
relevant period....................................................................................................... 4.88(4)
relevant person........................................................................... 5.59, 5.74(1), 5.99E(1)
relevant pre-amendment period........................................................ Sch. 9.3 cl. 65(1)
relevant rateable property................................................................................. 4.32(3D)
remuneration....................................................................................................... 5.99B(1)
required way........................................................................................................ 3.12(6A)
return....................................................................................................................... 5.74(1)
returnable amount............................................................................................... 5.99E(2)
return period........................................................................................................... 5.74(1)
review............................................................................................................ Sch. 2.2 cl. 1
reward...................................................................................................................... 4.85(4)
rule of conduct....................................................................................................... 5.102A
second placed candidate......................... Sch. 4.1A cl. 5(2), 8(2), Sch. 4.1B cl. 4(1)
second unelected candidate............................................................ Sch. 4.1A cl. 11(2)
secrecy provision................................................................................................... 5.92(5)
senior employee............................................................................................................ 1.4
serious breach........................................................................................................ 5.102A
serious local government offence....................................................................... 2.22(3)
service charge.................................................................................. 6.1, 6.42, 6.54, 6.63
show cause notice............................................................................................... 8.15B(1)
significant act......................................................................................................... 3.73(1)
specified............... 3.38, 4.1C(2), 4.1D(2), 9.10(1), Sch. 9.3 cl. 54(1), 62(1), 81(1)
specified area rate......................................................................................................... 6.1
stand......................................................................................................... Sch. 9.1 cl. 1(1)
standards panel..................................................................... 5.102A, Sch. 9.3 cl. 72(1)
start day................................................................................................................... 5.74(1)
Statewide public notice................................................................................................ 1.4
statutory provision administered by the local government............................ 9.28(2)
submission.................................................................................................... Sch. 2.2 cl. 1
superannuation contribution payment ........................................................... 5.99B(1)
supplementary audit..................................................................................................... 7.1
supplied copy......................................................................................................... 4.42(3)
supply................................................................................................................... 4.46A(1)
surplus fraction.................................................................................... Sch. 4.1 cl. 10(3)
surplus votes................................................................................................ Sch. 4.1 cl. 7
suspended order................................................................................................... 5.117(2)
termination date................................................................................... Sch. 9.3 cl. 51(3)
the authorised person.............................................................................................. 8.3(6)
third placed candidate.............................................................. Sch. 4.1A cl. 5(2), 8(2)
this Act........................................................................................................................... 4.1
this Part........................................................................................................................... 4.1
thoroughfare.................................................................................................................. 1.4
tied candidates...................................................................................... Sch. 4.1 cl. 16(1)
trading undertaking............................................................................................... 3.59(1)
transferred ballot paper.............................................................................. Sch. 4.1 cl. 7
transfer value................................................ Sch. 4.1 cl. 7, 9(3), 10(3), 11(3) and (4)
transitional matter........................................................ Sch. 9.3 cl. 54(1), 62(1), 81(1)
transitional order.................................................................................. Sch. 9.3 cl. 59(2)
transitional time................................................................................... Sch. 9.3 cl. 58(1)
travel............................................................................................................................. 5.57
travel contribution...................................................................................................... 5.57
trust fund........................................................................................................................ 6.1
unelected candidate........................................ Sch. 4.1A cl. 11(2), Sch. 4.1B cl. 5(1)
unimproved value....................................................................................................... 6.25
unsightly................................................................................................................ Sch. 3.1
unsuccessful candidate...................................................................... Sch. 4.1A cl. 4(1)
use......................................................................................................................... 4.46A(1)
vacancy day..................................................................................... Sch. 4.1A cl. 1, 2(1)
vacant land................................................................................................................... 6.25
value........................................................................................................................ 5.62(2)
vehicle.......................................................................................................................... 3.38
vehicle offence....................................................................................................... 9.13(1)
votes........................ Sch. 4.1A cl. 11(2), Sch. 4.1B cl. 5(1), Sch. 4.1 cl. 7, Sch. 4.2
voting in person election.............................................................................. 4.1, 4.61(1)
voting papers.......................................................................................................... 4.71(2)
WALGA......................................................................................................................... 1.4
ward................................................................................................................................ 1.4
WCIM Act.............................................................................................................. 5.49(1)
WorkCover WA.................................................................................................... 5.49(1)
working day.............................................................................................. Sch. 4.1A cl. 1
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