Local Government Act Amendment Act 1974 (Qld)

390 QlwrltslaIT4 ANNO VICESIMO TERTIO ELIZABETHAE SECUNDAE REGINAE No. 40 of 1974 An Act to amend the Local Government Act 1936-1973 in certain particulars [ASSENTED TO 2ND MAY, 19741 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . (1) This Act may be cited as the Local Government Act Amendment Act 1974. 44 (2) The Local Government Act 1936-1973 is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Local Government Act 1936-1974. 2. Amendment of s. 4 . Section 4 of the Principal Act is amended by inserting after subsection (9A) the following subsection:- " (9s) Where in any case a person is appointed by Order in Council pursuant to subsection (9) or (9A) to carry on such functions of the council and exercise, perform, undertake and be subject to such of its powers, duties, authorities and responsibilities as are specified in that Order in Council, that person shall for all purposes, whilst deemed to be the Local Authority in accordance with those subsections, be known by the official title of "Administrator " of that Local Authority.".

Local Government Act Amendment Act 1974, No. 40 391 3. Amendment of s. 21 . Section 21 of the Principal Act is amended by inserting after the words " for its approval." appearing at the end of subsection (9) the following paragraph:- " From and after the commencement of the Local Government Act Amendment Act 1974, a Local Authority may at any time fix such charges and fees by resolution pursuant to this subsection, notwithstanding that charges and fees have, prior to the commencement of the Local Government Act Amendment Act 1974, been fixed by that Local Authority by by-law pursuant to this subsection.". 4. Amendment of s. 23. Section 23 of the Principal Act is amended by- (a) in provisions (m), (n) and (o) of paragraph (i) of subsection (1)- (i) inserting after the words " of subsection (10) " where they occur, the words " or paragraph (ii) of subsection (7) " in each case; (ii) inserting after the words " undertaking fund " where they occur, the words " or sewerage fund "; (b) omitting paragraph (ii) of subsection (7) and substituting the following paragraph:- (ii) Sewerage funds shall be applied- (a) to the purpose of defraying costs specified in section 21 (6); and (b) for that purpose and in the discretion of the Local Authority, but subject to regulations, to the transfer of moneys to any fund specified in this paragraph, namely- maintenance reserve fund; long service leave payments reserve fund; undertaking renewal and purchase fund; undertaking extension, renewal and improvement fund.". 5. Amendment of s. 32. Section 32 of the Principal Act is amended by inserting after subsection (8n) the following subsection:- " (8c) Subject to compliance with the provisions of this subsection, the Local Authority may contribute to a public body or public association of persons, or to any Crown corporation or instrumentality, towards the cost of construction, operation and maintenance of assembly or other public halls situated within the Area of the Local Authority or, with the prior approval of the Minister, outside that Area. A contribution under this section shall not be made unless such halls are made available for use by- (a) the Local Authority for public functions; or (b) members of the public; or (c) both the Local Authority for public functions and members of the public, in accordance with an agreement setting out the terms and conditions of such use and extent of use of such halls executed, prior to that contribution, by the Local Authority and the public body or, as the case may be, public association or Crown corporation or instrumentality.".

392 Local Government Act Amendment Act 1974, No. 40 6. Amendment of Schedule III. Schedule III of the Principal Act is amended by- (a) in rule 26- (i) inserting after the words " in the case of a shire" the words " or of a Town with a large rural area "; (ii) omitting the words " whole Shire " where they occur and substituting the word "Area " in each case; (b) in rule 67- (i) inserting after the words " in the case of a Shire " the words " or of a Town with a large rural area "; (ii) omitting the words " whole shire " and substituting the word "Area "; (c) in rules 68 (2), 69, 70, 71, 73 and 79, inserting after the word Shire " where it occurs, the words " or Town " in each case.