Local Government Act Amendment Act 1975 (Qld)

281 ANNO VICESIMO QUARTO ELIZABETHAE SECUNDAE REGI'N aE No. 16 of 1975 An Act to amend the Local Government Act 1936-1974 in certain particulars and for purposes connected therewith [ASSENTED TO 15TH MAY, 1975 ] 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 1975. (2) The Local Government Act 1936- 1974 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 1936-1975.

282 Local Government Act Amendment Act 1975, Vo. 16 2. Amendment of s. 4. 1) Section 4 of the Principal Act is amended by- (a) omitting paragraphs (ii), (iii) and (iv) of subsection (2) and substituting the following paragraph:- " (ii) The establishment and constitution of Boards called respectively " The Local Government Auditors Board ", The Local Government Clerks Board " and " The Board of Examiners for Engineers and Overseers of Works to Local Authorities hereinafter in this paragraph (ii) referred to as " the Boards ", and in relation thereto- (a) The, number of persons as members of each of the Boards and qualifications, if any, for membership; (b) The manner of appointment of members of the Boards, the term for which such appointments may be made, and disqualifications from membership, (c) The functions, powers and duties of the Boards; (d) The appointment of a chairman, deputy chairman and secretary of each of the Boards, and of any other prescribed officer ; (e) The rules relating to meetings of the Boards and the conduct of the business and proceedings of the Boards; (f) The funds of the Boards, including investment of surplus funds; (g) The superintendence and control of qualification requirements of persons as local government auditors, clerks, engineers and overseers of works by the Board in question in each case, the conduct of examinations in respect thereof and exemption from examinations, the subject matter for and standard of examinations, and all matters relating to the holding and conduct of examinations; (h) The issuing of certificates of local government auditors, clerks, engineers and overseers of works by the Boards and the conditions under which such certificates may be issued, continued in force, cancelled or suspended; (i) The exempting, wholly or in part, by the Boards of applicants for certificates and the circumstances and conditions under which applicants may be so exempted; (j) The issuing by the Boards of fresh certificates in lieu of certificates that have been lost or destroyed or whereon particulars have become illegible, and the conditions of such issue; (k) The holding of inquiries by the Boards, the mode of holding and reasons for such inquiries, the circumstances in which and the conditions under which inquiries may be held and. without limiting the generality of the foregoing, the holding of such inquiries to determine, in prescribed circumstances and for prescribed reasons, whether a certificate should be cancelled or suspended or the holder thereof reprimanded or other prescribed action taken, all procedural and other matters relating to the holding and conduct of any such inquiry including the summoning of witnesses and the requiring of the production of documents and writings, the powers,

Local Government Act Amendment Act 1975, No. 16 283 authorities , rights, privileges , protection and jurisdiction of any of the Boards (and members thereof) holding such inquiry, the cancellation or suspension of a certificate and removal of suspension , period of suspension, the reprimand of a holder, the discretion not to cancel or suspend a certificate in prescribed circumstances, appeals from decisions and determinations of the Boards in respect of certificates , to what place , body or person appeals may be made and all other matters pertaining to the institution and conduct of and procedures in connexion with such appeals; (1) The definition of terms; (m) The inclusion of Brisbane City Council as a " Local Authority " in respect of and for the purposes of regulations made pursuant to this paragraph (ii); (n) The preservation and continuing in existence of The Local Government Auditors Board, The Local Government Clerks Board and The Board of Examiners for Engineers and Overseers of Works to Local Authorities established and constituted or purporting to have been established and constituted prior to the commencement of the Local Government Act Amendment Act 1975; (o) The prescribing of matters and things that are or may be, pursuant to the provisions of this paragraph (ii), the subject of prescription ; (p) The doing and taking of all such other steps and things as the Governor in Council considers necessary, desirable or expedient for enabling the Boards to carry out and exercise their functions , powers and duties pursuant to regulations made under the other provisions of this paragraph (ii)."; (b) inserting after subsection ( 9B) the following subsection:- " (9c) (i) Where in any case an Administrator of a Local Authority is appointed pursuant to subsection (9) or (9A), the Minister may select such persons as he thinks fit to constitute an advisory committee to advise the Administrator with respect to the administration of the Local Authority. (ii) The Administrator shall be, ex officio, chairman of the advisory committee. (iii) The Minister may- (a) appoint a member of the advisory committee for a period determined by him or without reference to any period, and make such appointment subject to such terms and conditions as he thinks fit; (b) determine how often the advisory committee shall meet or the minimum or maximum ' number of times in any stipulated period the advisory committee shall meet.; (c) fix the amount of any fee and expenses, determined in such manner as he thinks fit, to be paid to a member of the advisory committee ( including the chairman) for attendance at a meeting of the committee, and effect shall be given to any decision or determination of the Minister hereunder according to its tenor.

84 Local Government Act Amendment Act 1975,_ No. 16 (iv) Fees and expenses payable pursuant to this subsection shall be paid by the Local Authority in question. (v) The advisory committee ceases to exist upon the fresh election of the chairman and members of the' council referred to in subsection (9) or upon the election to fill the vacancies in the offices of members of the council referred to in subsection (9A), as the case may be.". (2) In so far as it may be necessary to ensure the validity and operation thereof, every regulation made or purporting to have been made under the Principal Act prior to the commencement of this Act or under any Act repealed by the Principal Actin respect of any of the Boards referred to in paragraph (ii) (n) of section 4 (2) of the Principal Act as inserted by subsection (1) of this section or in respect of local government auditors, clerks, engineers or overseers of works or certificates of the Boards is approved, ratified, confirmed and validated as from the date it came, or purports to have come. into force, and is declared and deemed to be and from such date to have been a good and valid regulation. but subject to any repeal or amendment thereof, and any act or thing done or purporting to have been done under and pursuant to any such regulation shall be deemed to have been done under and pursuant to and to have been authorized by such regulation as so approved, ratified, confirmed and validated as aforesaid. 3. Amendment of s. 5. Section 5 of the Principal Act is amended by inserting after paragraph (va) of subsection (2) the following paragraphs:- " (vb) When an Area is abolished and the whole or any part thereof is joined to another Area, or when part of an Area is excluded from such Area and included in another Area, then in any such case and notwithstanding the provisions of paragraph (iv) of this subsection, the Governor in Council may by Order in Council make such declarations and give such directions as he deems fit in respect of the continuing in force of any town planning scheme or any by-law made in pursuance of section 33 (21) in the Area or part thereof joined to or included in the other Area and in respect of any rights, liabilities or matters relating to or in connexion with any such town planning scheme or by-law requiring to be settled, adjusted or completed in consequence of such abolition, joinder, exclusion or inclusion as aforesaid; and every such declaration and direction shall have effect and be given effect to according to its tenor. (vc) When so requested by a Local Authority and a Project Board established under the State and Regional Planning andDevelopment,PublicWorksOrganizationandEnvironmentalControl Act1971-1974, the Governor in Council may by Order in Council settle, determine and adjust any rights, liabilities or matters that he considers, in consequence of the establishment or the going out of existence of the Project Board, require to be settled, determined or adjusted between the Local Authority and the Project Board: and every such settlement, determination and adjustment shall have effect accordingly. (vd) When the Governor in Council by Order in Council- (a) divides a Shire into divisions; (b) redivides a Shire into divisions; or

Local Government Act Amendment Act 1975. No. 16 285 (c) alters the boundaries of divisions by including in one division part or parts of another division and by excluding such part or parts from such other division, and in any such case it becomes necessary so to do, the Governor in Council may by Order in Council declare and apportion the assets and liabilities of the respective divisions between them in such manner as appears to him just. (ve) When so requested by a Local Authority and a Joint Local Authority constituted under this Act, the Governor in Council may by Order in Council settle, determine and adjust any rights, liabilities or matters that he considers require to be settled. determined or adjusted between the Local Authority and the Joint Local Authority; and every such settlement, determination and adjustment shall have effect accordingly.". 4. Amendment of s. 6. Section 6 of the Principal Act is amended by, in paragraph (ii) of subsection (1). omitting the word " five " where it occurs after the words " not less than " and substituting the word "four". 5. Amendment of s. 7. Section 7 of the Principal Act is amended bv- (a) in subsection (1), omitting the words " adult person (whether male or female) " and substituting the word " person "; (b) in subsection (7)- ,(i) omitting the words " proviso (i) of " occurring in the second proviso to paragraph (i) and substituting the words " the proviso to "; (ii) inserting in paragraph (ii), after the words " The returning officer shall ", the words "at all times during which the office of the Local Authority is open for the conduct of public business keep open for inspection by any person, without fee, copies of the voters' roll (or of any electoral roll or rolls to be used as a voters' roll) and shall "; (c) in subsection (8). omitting paragraph (iv) and substituting the following paragraph:- " (iv) The rules and directions contained in the Third Schedule and the regulations and forms contained in The Local Government Elections Regulations of 1960 as amended from time to time and in any other regulations made under this Act in respect of proceedings in relation to elections held in pursuance of this Act shall, as to all matters to which they extend, regulate the proceedings in relation to elections held in pursuance of this Act."; (d) in subsection (10). inserting at the end of and as part of paragraph (1) the following subparagraph:- -The term " qualified person " in this paragraph ( i) means a person who resides within the Area. and who is enrolled on a general roll pursuant to the Elections Act for the electoral district or districts or any part thereof comprised within the Area not later than 30 clear days before the date of the special meeting at which the vacancy is to be filled or the date of appointment by the Governor in Council. as the case may be.".

286 Local Government Act Amendment Act 1975, !Vo: 16 6. Amendment of s. 15 . Section 15 of the Principal Act is amended by adding to subparagraph (ii) of the first paragraph. after the word " inquiry ", the words " or refer to a committee any matter for the purpose of receiving its advice or recommendations thereon ". 7. Amendment of s. 17. Section 17 of the Principal At is amended by, in subsection (1). omitting the words " out of the local fund ". 8. Amendment of s. 19. Section 19 of the Principal Act is amended by- (a) in subsection (4)- (i) omitting the note to and occurring at the commencement of the subsection, namely, " Notice calling for proposals ." and substituting the note " Tenders and quotations for work , goods or materials.": (ii) omitting the words " and subject to subsection (6) of this section," occurring in the first paragraph ; (iii) omitting the last paragraph, being the paragraph commencing with the words " Where tenders are made "; (b) in subsection (5)- (i) inserting at the commencement of and as a note to the subsection the words " Sale of land or of surplus goods or materials." ; (ii) omitting paragraphs (a) and (b) and substituting the following paragraphs:- " (a) Notwithstanding the provisions of subsection (4), a Local Authority, in the case of a sale of land or of any surplus goods or materials- (i) may sell the land, goods or materials by public auction; (ii) may, where the value of the land, goods or materials is in the opinion of the Local Authority less than $500, effect a sale in such manner as it thinks fit: (iii) shall, where the value of the land, goods or materials is in the opinion of the Local Authority $500 or more and it does not elect to sell the land, goods or materials by public auction, invite tenders for such sale by public notice published in such newspaper or newspapers and in such other manner and to such extent as the Local Authority considers sufficient to ensure the receipt of the greatest number of tenders, and so that there is a period of not less than three weeks between the date the public notice is first so published and the closing date for tenders. Where tenders are invited, the Local Authority may accept the tender which on a view of all the circumstances appears to it to be the most advantageous, or it may decline to accept any of the tenders. (b) In any case where, pursuant to this subsection, a Local Authority has offered any land or any surplus goods or materials for sale by tender or public auction and it is or they are not sold, the Local Authority may, within 12 months after such offer for sale, sell such land, goods or materials by private contract: but the sale price in respect of such sale by private contract shall not be less than the highest-amount that was offered in respect of the offer for sale by tender or public auction as aforesaid.":

Local Government Act Amendment Act 1975, No. 16 287 (c) in subsection (6), omitting the .words " Subsection (4) of this section does " and substituting the words " Subsections (4) and (5) do ". 9. Amendment of s. 21. Section 21 of the Principal Act is amended by- (a) in the second paragraph of the section, omitting the words " Separate drainage rate, separate drainage loan rate, and/or separate drainage maintenance rate." occurring immediately after the expression " (11) " and substituting the words " Separate service rate. (b) in,subsection (1)- (i) omitting all those words commencing with the words " (i) Undertakings but not including " and concluding with the words " dues, fees. fares, or rents." and substituting the following words:- 0) undertakings; (ii) sewerage undertakings and cleansing services, and (iii) agricultural drainage, but such exceptions do not preclude payments authorized by this Act to be made in respect of such undertakings, sewerage undertakings, cleansing services and agricultural drainage from the general rate.": (ii) omitting the last two paragraphs but not the note to the first of such paragraphs and substituting the following paragraph immediately after the said note:- " Notwithstanding any other provision contained in this subsection, the minimum amount of each general rate levied by the Local Authority by the service of a rate notice pursuant to this Act shall be such sum per annum as the Local Authority may determine by resolution (it being hereby thereunto authorized) in each year at the meeting at which the budget of the Local Authority for that year is adopted, and, where the general rate is levied half-yearly or quarterly, the rate notice served in respect thereof shall. in a case where the minimum general rate is applicable, show the part of the minimum general rate payable as one half or one quarter. as the case requires, of the minimum- general rate payable per annum.": (c) in subsection (5). inserting after the words " of such loan occurring at the end of the first paragraph the words ". unless in any particular year it is not necessary it9 the opinion of the Local Authority to make and levy such rate due to the financial position of the applicable separate loan rate fund.": (d) inserting after subsection (5) the following heading and subsection:- "SEPARATE SERVICES RATE (5.A) Separate services rate . The Local Authority may in each year make and levy a separate services rate for the particular function of local government referred to in section 32 (4A) on such basis or bases as the Local Authority may in its discretion determine. Such separate services rate shall be made and levied on land in the benefited area defined by the Local Authority as the part of the Area specially benefited by the exercise of the function referred to.":

288 Local Go},ernment Act Amendment Act 1975, 'No. 16 (e) omitting subsection ( 11) and the heading occurring immediately before that subsection , being the words " SEPARATE DRAINAGE RATE. SEPARATE DRAINAGE LOAN RATE AND/OR SEPARATE DRAINAGE MAINTENANCE RATE ". 10. Amendment of s. 23. Section 23 of the Principal Act is amended by- (a) in subsection (1), inserting after subparagraph (o) of paragraph (i) the following paragraph:- i< (p) A separate services rate fund in respect of each separate services rate levied."; (b) in subsection (2), omitting subparagraph (f) occurring in paragraph (ii) ; (c) in subsection (5)- (i) adding to paragraph (i), after the words " was established ", the words ", and any moneys received by the Local Authority by way of subsidy or contribution towards the meeting of all or part of the interest and redemption charges referred to in paragraph (ii) of this subsection "; (ii) inserting after paragraph (iii) the following paragraph:- " (iv) A special loan rate fund may be maintained notwithstanding the fact that it is not necessary in any particular year in the opinion of the Local Authority to make and levy such special loan rate due to the financial position of the applicable special loan rate fund."; (d) in subsection (6)- (i) adding to paragraph (i), after the words " was established the words ", and any moneys received by the Local Authority by way of subsidy or contribution towards the meeting of all or part of the interest and redemption charges referred to in paragraph (ii) of this subsection "; (ii) inserting after paragraph (iii) the following paragraph:- "(iv) A separate loan rate fund may be maintained notwithstanding the fact that it is not necessary in any particular year in the opinion of the Local Authority to make and levy such separate loan rate due to the financial position of the applicable separate loan rate fund."; (e) inserting after subsection (6) the following heading and subsection:- SEEPPAARRAATTEE SERVICES RATE FUND (6A) Separate services rate fund . (i) A separate services rate-fund shall consist of all moneys received in respect of the separate services rate for which it was established. (ii) A separate services rate fund shall be applied to the payment of interest and redemption in respect of loan moneys borrowed for the particular function of local government referred to in section 32 (4A) or in the discharge of any obligation undertaken by the Local Authority pursuant to the said section 32 (4A). (iii) Where a separate services rate fund is closed any balance therein shall be transferred to the general fund.";

Local Government Act Amendment Act 1975, No. 16 289 (f) in subsection (1l)- (i) adding to paragraph (i), after the words " or any other Act ", the words ", and any other moneys that are prescribed by this Act or any other Act to be paid into the trust fund "; (ii) adding to paragraph (ii), after the words " for any person ", the words " or as may be prescribed in this Act or any other Act, as the case requires ". 11. Amendment of s. 23B. Section 23B of the Principal Act is amended by, in subsection (2), omitting the words " Commonwealth Bank of Australia as the Central Bank " and substituting the words ". Reserve Bank of Australia ". 12. Amendment of s. 27. Section 27 of the Principal Act is amended (a) in subsection (2), omitting from paragraph (i) the word " ten and substituting the word " fifteen "; (b) in subsection (11) (iii) (c)- (i) omitting the word " fourteen " where first occurring and substituting the word " twenty-one "; (ii). omitting the word " seven " and substituting the word fourteen (iii) omitting all words commencing with the words " be kept posted up " and concluding with the words " preceding the date of the sale." and substituting the words ", not later than the date the notice is so served, be posted up at the office of the Local Authority and it shall be kept so posted up at such office thereafter until the date of the sale.". 13. Amendment of s. 28 . Section 28 of the Principal Act is amended by inserting after subsection (4) the following subsection:- " (5) Where a Local Authority has made a determination pursuant to subsection (4) or a determination was made by the Minister prior to the commencement of the Local GovernmentAct Amendment Act1973 that a part defined by him of the Area would be specially benefited, the Local Authority may in any year, at the meeting at which it adopts its budget for the year in question, redetermine the part of its Area specially benefited and redefine such part; and upon such redetermination the part as redefined shall be the specially benefited part. Within fourteen days after the meeting at which a re- determination is made, the Local Authority shall notify the Director of the redetermination and supply to him a map indicating to his satisfaction the part so redefined. For the purposes of subsections (3) and (5) of section 21, a reference to a benefited area defined by a Local Authority or the Minister shall, in the case of a redetermination and redefinition made pursuant to this subsection, be read as a reference to the benefited area so redetermined and redefined from time to time.". 14. Amendment of s. 29. Section 29 of the Principal Act is amended by- (a) in subsection (2). inserting in paragraph (ii) after the words " rateable value of each division " the words " unless the Local Authority by resolution determines that they shall be dealt with in some other manner, in which case they shall be dealt with in accordance with such determination ":

290 Local Government Act Amendment Act 1975. Vo. 16 (b) in subsection (3), omitting from subparagraph (f) of paragraph (i) the words " the aggregate of all periodical payments made thereunder.": (c) in subsection (4)- (i) omitting the words " Minister on the recommendation of the (ii) omitting the words " Minister on the like recommendation and substituting the word "Auditor-General ": (d) inserting at the end of and as part of subsection (8) the following paragraph:- " The report of the auditor to the Auditor-General shall be made available to the Minister for his information through the Treasurer as soon as arrangements may conveniently be made for this to be done.". 15. Amendment of s. 30. Section 30 of the Principal Act is amended by - (a) in the fifth paragraph, being the paragraph commencing with the words "And without limiting ". inserting after the words " forestry operations; " the words " health and welfare services and facilities. (b) in the eighth paragraph. being the paragraph commencing with the words " The power of the Local Authority ", inserting after the words " power to take " the words ", with the approval of the Minister,". 16. Amendment of s. 32. Section 32 of the Principal Act is amended by- (a) in subsection (813). inserting after the words " within its Area" the words " or. subject to the prior approval of the Minister, outside its Area ": (b) inserting after subsection (15) the following subsection:- 16) Acceptance of trusts . A Local Authority may- (a) accept and hold upon trust any real or personal property conveyed, assigned, devised or bequeathed to it for any charitable or public purpose; (b) act in the administration of such property for the purposes and according to the trusts for which the same may have been conveyed, assigned. devised or 'bequeathed.". 17. Amendment of s. 33. Section 33 of the Principal Act is amended b y- (a) inserting after subsection (1) the following subsection:- "(IA) Where there is in an Area a use of land or of any improvements on land that is a lawful use on the date of publication in the Gazette of an Order in Council notifying the approval of the Governor in Council of a town planning scheme or of any amendment thereof, that use shall continue to be a lawful use notwithstanding any provision of the scheme or of the scheme as amended, as the case may be, and where in any by-law of a Local Authority or in any provision of a town planning scheme reference is made to the term " appointed day " and such term is therein defined to mean the day upon which there is published in the Gazette the approval of the Governor in Council of a town planning scheme or is defined to have a similar meaning, that term shall be taken to be defined, in the case of the publication in the Gazette of the approval of the Governor in Council of any amendment of the scheme, to mean that date of publication of the approval of the amendment.

Local Government Act Amendment Act 1975, No. 16 291 The provisions of this subsection apply, with necessary adaptations, to Brisbane City Council and the Town Plan for the City of Brisbane in force for the time being pursuant to the City of Brisbane Town Planning Act 1964-1974 and, in relation thereto and without limiting the generality thereof, the term " Local Authority " includes Brisbane City Council, the term "Area " includes the City of Brisbane. the term " town planning scheme " or " scheme " includes the Town Plan for the City of Brisbane as aforesaid, the term " Order in Council " includes notification and the term " by-law " includes ordinances This subsection applies to the use of land or of any improvements on land that is a lawful existing use on a date of publication in the Gazette as aforesaid whether such date of publication is before or after the commencement of the Local Government Act Amendment Act 1975.": (b) inserting after subsection (6) the following subsection:- " (6A) Application for re-zoning of land . (a) Application may be made to the Local Authority to exclude land from any zone and to include the land so excluded in another zone. (b) The application shall be- (i) in writing; (ii) signed by the applicant or applicants or, in the case of a partnership, by one of the partners thereof or, in the case of a company or an unincorporated association, by an authorized officer thereof: (iii) accompanied by the consent. in writing, of the registered proprietor or registered lessee from the Crown if made by a person who is not the registered proprietor or the registered lessee from the Crown: (iv) addressed to the clerk and truly set forth the following particulars:- (A) the full description of the land, together with the postal address thereof: (B) the name of the registered proprietor in the case of freehold land or the name of the registered lessee in the case of land held from the Crown for a leasehold estate: (C) the name of the occupier: (D) the use desired to be made of the land: (E) the use being made of the land (including any building or other structure thereon) at the date of application: and (F) such other information relative to the application as may be requested by the clerk. (c) Every application made pursuant to this subsection shall, if it complies with this subsection..be referred by the clerk to the Local Authority, and the Local Authority shall decide the application. (d) Upon an application being referred to the Local Authority pursuant to paragraph (c). the Local Authority may- (1) approve it: (ii) refuse to approve it: or (iii) approve it subject to reasonable and relevant conditions.

292 Local Government A ct Amendment Ac! 1975, No. 16 (.e) In respect of any application made pursuant to this subsection, the Local Authority shall, amongst other things. take into consideration:- (1) the balance of zones in the area subject to the scheme as a whole. or that section of such area within which the land is situated: (ii) whether the land or any part thereof is low-lying or subject to flooding so as to be unsuitable for use for all or any of the uses permissible with or without the consent of the Local Authority in the existing zone and in the proposed zone: (iii) whether the re-zoning would be contrary to policies of the Local Authority, in force at the date of the application, for the progressive development of areas subject to the scheme: (iv) whether. having regard to permissible uses of land in the proposed zone and the potential for subdivision if the re-zoning is effected- (A) water, gas, electricity, sewerage and other essential services would be available to the land and to each separate parcel thereof if the land were subsequently subdivided: and (B) the provisions of section 32A of this Act should be applied: (v) the situation, suitability and amenity of the land in relation to neighbouring localities. (f) The Local Authority may require the giving to it of security to its satisfaction by the applicant that the applicant will execute work to be done in relation to the application and the decision pursuant to it within such time as may be fixed by the Local Authority."; (c) in subsection (21), inserting in paragraph (b) after the words " regulate and control the " the words " subdivision and the ". 1& Annadment of s. 34. Section 34 of the Principal Act is amended by, in subsection (7), inserting after the words "Any applicant,", being the first two words of the subsection, the words " with the consent of the Local Authority,". 19. Amendment of s. 35. Section 35 of the Principal Act is amended by- (a) in subsection (22)- (i) omitting paragraph (i) and substituting the following paragraph:- " ( i) Application for license to erect fence and gate across road. When the owner of any land desires for the purpose of enclosing the same to include within the enclosure a road which passes through the land or separates it from the land held by any other person, he shall make application to the Local Authority of the Area within which the road is situated for a license to erect a fence and gate across such road. Such application shall be in such form and accompanied by such plans and such fee as may be prescribed by the Local Authority.

Local Government Act Amendment Act 1975. No. 16 293 Before deciding such application, the Local Authority shall cause public notice to be given of it by advertisement published at least twice in a newspaper. Such advertisement shall- (a) give a clear description of the road, and the location of the fence and gate to be erected by the applicant (which gate shall be of such width and description as the Local Authority by by-law in that behalf may determine); (b) state that the application may be inspected at the office of the Local Authority and that objections to the granting of the license may be lodged with the clerk on or before the date specified in the advertisement, which date shall be not earlier than thirty days after the second publication of such advertisement. Any such objection shall be in writing, shall be addressed to the clerk, and shall set out the grounds of objection and the facts and circumstances relied on by the objector in support of those grounds."; (ii) omitting the first and second subparagraphs of paragraph (ii) (but not omitting the note to the paragraph) and substituting the following subparagraph:- " After the expiration of the date specified in the advertisement, the Local Authority shall consider the application and any objections which have been lodged in writing with the clerk on or before the specified date and may, having regard to public convenience and the public interest, grant or refuse to grant a license as appears to it expedient.": (iii) omitting the word " council " wherever occurring in paragraph (ii) and substituting in each case the words " Local Authority "; (iv) omitting the words " or occupiers " wherever occurring in paragraph (ii); (v) omitting paragraph (iv) and substituting the following paragraphs:- " (iv) Duration of licenses . (a) Subject to subparagraph (b), licenses granted pursuant to this subsection continue in force until cancelled by the Local Authority as hereinafter provided in this subsection. (b) The Local Authority may by by-law prescribe a system of annual renewal of licenses, including manner and conditions of and fees for such renewal and circumstances in which licenses shall not or may not be renewed, and where by-laws are so made, licenses granted shall be subject to renewal in accordance with the by-laws. (c) The Local Authority may by resolution cancel a license- (A) on the application of the licensee; (B) at any time after giving three months' notice to the licensee: (C) without notice in the circumstances referred to in paragraph (ivb) or paragraph (vii). (Iva) Assignment of license . The holder of a license granted pursuant to this subsection may assign it in the circumstances and manner and subject to the conditions prescribed by the LQcal Authority by by-laws, and the Local Authority may make such by-laws for this purpose.

"'94 Local Government Act Amendment Act 1975, No. 16 (ivb) Further provision re grids. In any case where a grid has not been erected by the licensee, the Local Authority may at any time require the licensee to erect a grid in addition to the gate in respect of which he holds a license, and may impose such special conditions with regard to the description of the grid so required, if any, as the convenience of the public requires. if the licensee neglects or refuses to erect the grid or to observe any such conditions required by the Local Authority. the Local Authority may cancel the license."; (vi) omitting, in paragraph (v), the note to the.paragraph and all words commencing with the words "Any person " and ending with the words " with the clerk " and substituting the note to the paragraph " Objections to continuance of license ." and the words "A' person may with respect to a license under this subsection lodge with the clerk not less than one month and not more than two months before the due date for renewal of the license where the Local Authority has prescribed a system of annual renewal of licenses -and at any time during the continuance of the license in any-other case ": (vii) inserting at the end of and as part of paragraph (vii) the following subparagraph:- " No claim shall be made and no action or proceeding shall lie• against the Local Authority in respect of injury or damage to any person or property arising out of any act or omission by any person to whom a license has been granted by the Local Authority which act or omission is in relation to the fence or gate or grid, if any, or that part of the road the subject of maintenance by that licensee."; (b) in subsection (23), omitting the word " made " where it occurs in the penultimate paragraph; (c) inserting after subsection (24A) the following heading and subsection:- 11 PEDESTRIAN MALLS (24a) (i) Application and approval for trial period. (a) A Local Authority may make application to the Minister for the proclaiming by the Governor in Council by Order in Council of a road or part of a road within its Area as a pedestrian mall for a trial period of not more than twelve months. (b) The Local Authority, before making the application, shall give public notice by advertisement published at least once in the Gazette and at least once in a newspaper- (A) of its intention to make the application; (B) that particulars. including a plan of the pedestrian mall as proposed. are open to inspection by any person at the office of the Local Authority on or before the date specified in the advertisement (hereinafter in this paragraph (i) referred to as " the last day for the receipt of objections ") being a date not less than, 30' days after the date of publication of the advertisement in the Gazette or newspaper whichever was the later to occur or, where the advertisement is published more than twice, not less than 30 days after the date of the first publication of the advertisement in the Gazette or newspaper whichever was the later to occur;

Local Government Act Amendment Act 1975, No. 16 295 (C) that a copy of the particulars, including a copy of the plan, may be procured from the Local Authority on or before the date that is the last day for the receipt of objections upon payment of such sum as the Local Authority may fix by resolution but not exceeding the cost of printing or otherwise reproducing the copy, which sum shall be specified in the advertisement; (D) that objections to the proclaiming of the road or part of the road as a pedestrian mall may be lodged with the clerk on or before the date that is the last day for the receipt of objections. (c) The Local Authority shall, at all times during which its office is open for the conduct of public business, keep open to inspection as advertised under this paragraph (i) the particulars referred to in subparagraph (b). (d) Any person may at any time before the expiration of the last day for the receipt of objections request the Local Authority to furnish him with a copy of the particulars referred to in subparagraph (b) on payment of the sum specified in the notice advertised in accordance with this paragraph (i), and the Local Authority shall cause a copy of such particulars so requested and paid for to be sent by post to the person in question forthwith upon receipt by it of the request and payment except where the request is made personally by the person in question or.by someone on his behalf and a copy of such particulars has, then and there, been delivered to that person or, as the case may be, the person making the request on his behalf. (e) Any person may object to the application by the Local Authority for the proclaiming of the road or part of the road as a pedestrian mall provided such objection is made and lodged with the clerk on or before the last day for the receipt of objections and otherwise in accordance with the provisions of this paragraph (i). (f) Every objection shall- (A) be in writing; (B) be addressed to the clerk; (C) state the grounds of objection and the facts and circumstances relied on by the objector in support of those grounds. (g) The Local Authority shall consider forthwith every objection made in accordance with subparagraphs (e) and (f). (h) An application by the Local Authority to the Minister for a road or part of a road to be proclaimed as a pedestrian mall may be made to the Minister within 30 days after the last day for the receipt of objections or. if the Minister allows a longer period after the last day for the receipt of objections for the making of the application (he being hereby thereunto authorized), within such longer period. (i) Where the Local Authority, having given public notice in respect of an application pursuant to subparagraph (b), comes to a determination after consideration of objections to the application that the application should not proceed, it may refrain from proceeding with the application and in that case shall give public notice of its intention not to proceed with the application by advertisement published at least once in the Gazette and at least once in a newspaper.

296 Local Gov ernment Act Amendment Act 1975, No. 16 (j) Where application is made by the Local Authority to the Minister, it shall be accompanied by- (A) a statement of the grounds on which the application is made and of the facts and circumstances relied on by the Local Authority in support of those grounds; (B) a copy of each advertisement published in accordance with subparagraph (b) with, in the case of publication in a newspaper, the name of the newspaper and the date of publication endorsed thereon and. in the case of publication in the Gazette, the date of publication endorsed thereon; (C) all objections made and lodged as prescribed on or before the last day for the receipt of objections; (D) the representations by the Local Authority in respect of all objections made and lodged as prescribed; (E) particulars of the proposal, including the plan of the pedestrian mall. (k) Where the Local Authority, having given public notice in respect of an application pursuant to subparagraph (b), comes to a determination after consideration of objections to the application that certain particulars of the proposal the subject of the application should be altered, it shall, in making application pursuant to subparagraph (j), indicate clearly the way in which particulars of the proposal are so altered, and the Minister, if he is of the opinion that the particulars of the proposal as altered are materially different in any way from the particulars before alteration, may refrain from dealing with or otherwise taking any action in respect of the application and in lieu thereof may require the Local Authority to give public notice pursuant to subparagraph (b) and otherwise proceed in accordance with this paragraph (i) on the basis that the application is a new application: Provided however that where the Local Authority, before it makes application to the Minister in the first instance, considers that it has, after consideration of objections to the application, altered the particulars of the proposal in any material way, it may refrain from proceeding with the application at that stage and in lieu thereof may recommence the procedure to be followed pursuant to this paragraph (i) on the basis that the application is a new . application. (1) Subject to subparagraph (k), the Governor in Council shall consider every application made to the Minister pursuant to this paragraph (i) and all objections, representations and other matters and things accompanying such application in accordance with subparagraph (j) and may reject the application or may approve it wholly or in part. (m) The power of the Governor in Council to approve an application in part includes the power to make all such alterations to the particulars of the proposal as, having regard to the application and to the objections, representations and other matters and things accompanying the application in accordance with subparagraph (j), he thinks fit. (n) Approval of the proclaiming of a road or part of a road as a pedestrian mall for a trial period shall be by Order in Council published in the Gazette.

Local Government Act Amendment Act 1975, No. 16 297 (o) The Order in Council shall specify the road or the part of the road proclaimed as a pedestrian mall, the details and particulars of the application as approved, any exclusion of or restrictions imposed on the movement of vehicular or other traffic within the pedestrian mall including the specification of the type of vehicular or other traffic the subject of exclusion or restriction, times of exclusion or restriction where appropriate, any exemptions from exclusion or restriction as aforesaid, the date of commencement of the operation of the road or the part of the road as a pedestrian mall for the trial ,period, the date of termination of such operation, and such other provisions as the Governor in Council thinks fit. (p) On and from the date specified in the Order in Council as the date of commencement of the operation of the road or the part of the road as a pedestrian mall, such road or part shall be a pedestrian mall for the trial period specified and its operation as such shall have the force of law and be binding upon and obeyed by the Local Authority and all persons whomsoever accordingly subject to and in accordance with the provisions contained in the Order in Council. (q) The Governor in Council on the recommendation of the Minister may at any time during the operation of the trial period or during the operation of any extension of the trial period as hereinafter provided, by Order in Council published in the Gazette, terminate , on and from a date specified in the Order in Council, the trial period or alter, on and from a date specified in the Order in Council, any provisions subject to or in accordance with which the trial period operates , and such trial period shall terminate or, as the case may be, such provisions shall be altered on and from the date so specified. Infixing the date that is specified in the Gazette as aforesaid, the Governor in Council shall have regard to the period of time that he considers is reasonably necessary to effect the restoration of the area of the pedestrian mall as a road or part of a road to the same condition, or as near thereto as is practicable in the circumstances, as existed at the commencement of the operation of the road or the part of the road as such pedestrian mall or to give effect to and comply with such alteration of provisions, as the case may be. (r) The Governor in Council on the recommendation of the Minister may by Order in Council published in the Gazette extend or further extend the trial period but in no case shall the duration overall of the trial period be more than 30 months; and such Order in Council shall be published in the Gazette prior to the termination of the trial period as originally fixed or as subsequently extended as the case may be. (ii) Works by Local Authority during trial period . (a) The Local Authority shall carry out all works of a temporary nature necessary to ensure that, during the trial period, the pedestrian mall is established in all respects in accordance with the provisions (as altered from time to time pursuant to paragraph (i) (q)) contained in the Order in Council referred to in paragraph.(i) (n), but it shall not carry out any works of a permanent nature or works consistent only with the establishment of a permanent pedestrian mall. It

298 Local Government Act Amendment Act 1975, No. 16 (b) In addition to carrying out the works of a temporary nature referred to in subparagraph (a), the Local Authority may carry out additional temporary works with respect to the pedestrian mall during the trial period to embellish it and to provide generally for the comfort and convenience of the public, provided that such works do not contravene any of the provisions contained in the Order in Council referred to in paragraph (i) (n) as altered from time to time pursuant to paragraph (i) (q). (c) In any case where, pursuant to paragraph (i) (q). the Governor in Council on the recommendation of the Minister terminates the trial period or alters any provisions subject to or in accordance with which the trial period operates, the Local Authority shall, before the effective date of termination or alteration, carry out all works necessary to effect the restoration of the area of the pedestrian mall as a road or part of a road to the same condition, or as near thereto as is practicable in the circumstances, as existed at the commencement of the operation of the road or the part of the road as such pedestrian mall or to give effect to and comply with such alteration of provisions, as the case may be. (d) In any case where the pedestrian mall does not become a permanent pedestrian mail as hereinafter provided and the trial period for its operation terminates by efrluxion of time, the Local Authority shall before the date of such termination carry out all works necessary to effect the restoration of the area of the pedestrian mall as a road or part of a road to the same condition, or as near thereto as is practicable in the circumstances, as existed at the commencement of the operation of the road or the part of the road as such pedestrian mall. (iii) Permanent pedestrian malls. (a) Where pursuant to this subsection a road or part of a road has been proclaimed by Order in Council as a pedestrian mall for a trial period and it appears to the Local Authority that, having regard to the operation of such pedestrian mall, it is desirable that the area of the road or the part of the road, or any lesser area, be constituted a permanent pedestrian mall, the Local Authority may make application to the Minister for the proclaiming by the Governor in Council by Order in Council of the area in question as a permanent pedestrian mall. (b) The Local Authority, before making the application, shall give public notice by advertisement published at least once in the Gazette and at least once in a newspaper at a time that is not less than six months after the commencement of the trial period- (A) of its intention to make the application; (B) that particulars, including a plan of the permanent pedestrian mall as proposed, are open to inspection by any person at the office of the Local Authority on or before the date specified in the advertisement (hereinafter in this paragraph (iii) referred to as " the last day for the receipt of objections ") being a date not less than 30 days after the date of publication of the advertisement in the Gazette or newspaper whichever was the later to occur or, where the advertisement

Local Government Act Amendment Act 1975, No. 16 299 is published more than twice , not less than 30 days after the date of the first publication of the advertisement in the Gazette or newspaper whichever was the later to occur; (C) that a copy of the particulars, including a copy of the plan, may be procured from the Local Authority on or before the date that is the last day for the receipt of objections upon payment of such sum as the Local Authority may fix by resolution but not exceeding the cost of printing or otherwise reproducing . the copy, which sum shall be specified in the advertisement; (D) that objections to the proclaiming of the road or part of the road, or any lesser area , as a permanent pedestrian mall may be lodged with the clerk on or before the date that is the last day for the receipt of objections. (c) The Local Authority shall, at all times during which its office is open for the conduct of public business, keep open to inspection as advertised under this paragraph ( iii) the particulars referred to in subparagraph (b). (d) Any person may at any time before the expiration of the last day for the receipt of objections request the Local Authority to furnish him with a copy of the particulars referred to in subparagraph (b) on payment of the sum specified in the notice advertised in accordance with this paragraph (iii), and the Local Authority shall cause a copy of such particulars so requested and paid for to be sent by post to the person in question forthwith upon receipt by it of the request and payment except where the request is made personally by the person in question or by someone on his behalf and a copy of such particulars has, then and there, been delivered to that person or, as the case may be, the person making the request on his behalf. (e) Any person may object to the application by the Local Authority for the proclaiming of the area of the road or the part of the road, or any lesser area , as a permanent pedestrian mall provided such objection is made and lodged with the clerk on or before the last day for the receipt of objections and otherwise in accordance with the provisions of this paragraph (iii). (f) Every objection shall- (A) be in writing; (B) be addressed to the clerk ; (C) state the grounds of objection and the facts and circumstances relied on by the objector in support of those grounds. (g) The Local Authority shall consider forthwith every objection made in accordance with subparagraphs (e) and (f). (h) An application by the Local Authority to the Minister for the area of a road or part of a road. or any lesser area, to be proclaimed as a permanent pedestrian mall may be made to the Minister within 30 days after the last day for the receipt of objections or, if the Minister allows a longer period after the last day for the receipt of objections for the making of the application (he being hereby thereunto authorized). within such longer period.

300 Local Government Act Amendment Act 1975, No. 16 (i) Where the Local Authority, having given public notice in respect of an application pursuant to subparagraph (b), comes to a determination after consideration of objections to the application that the application should not proceed, it may refrain from proceeding with the application and in that case shall give public notice of its intention not to proceed with the application by advertisement published at least once in the Gazette and at least once in a newspaper. (j) Where application is made by the Local Authority to the Minister, it shall be accompanied by- (A) a statement of the grounds on which the application is made and of the facts and circumstances relied on by the Local Authority in support of those grounds; (B) a copy of each advertisement published in accordance with subparagraph (b) with, in the case of publication in a newspaper , the name of the newspaper and the date of publication endorsed thereon and, in the case of publication in the Gazette, the date of publication endorsed thereon; (C) all objections made and lodged as prescribed on or before the last day for the receipt of objections; (D) the representations by the Local Authority in respect of all objections made and lodged as prescribed; (E) particulars of the proposal, including the plan of the permanent pedestrian mall. (k) Where the Local Authority, having given public notice in respect of an application pursuant to subparagraph (b), comes to a determination after consideration of objections to the application that certain particulars of the proposal the subject of the application should be altered , it shall, in making application pursuant to subparagraph (j), indicate clearly the way in which particulars of the proposal are so altered , 'and the Minister, if he is of the opinion that the particulars of the proposal as altered are materially different in any way from the particulars before alteration , may refrain from dealing with or otherwise taking any action in respect of the application and in lieu thereof may require the Local Authority to give public notice pursuant to subparagraph (b) and otherwise proceed in accordance with this paragraph (iii) on the basis that the application is a new application: Provided however that where the Local Authority, before it makes application to the Minister in the first instance, considers that it has, after consideration of objections to the application, altered the particulars of the proposal in any material way, it may refrain from proceeding with the application at that stage and in lieu thereof may recommence the procedure to be followed pursuant to this paragraph (iii) on the basis that the application is a new application. - (I) Subject to subparagraph (k), the Governor in Council shall consider every application made to the Minister pursuant to this paragraph ( iii) and all objections , representations and other matters and things accompanying such application in accordance with subparagraph (j) and may reject the application or may approve it wholly or in part.

Local Government Act Amendment Act 1975, No. 16 301 • (m) The power of the Governor in Council to approve an application in part includes the power to make all such alterations to the particulars of the proposal as, having regard to the application and to the objections, representations and other matters and things accompanying the application in accordance with subparagraph (j), he thinks fit. (n) Approval of the proclaiming of a road or part of a road as a permanent pedestrian mall shall be by Order in Council published in the Gazette. . (o) The Order in Council shall specify the road or the part of the road proclaimed as a permanent pedestrian mall, the details and particulars of the application as approved, any exclusion of or restrictions imposed on the movement of vehicular or other traffic within the permanent pedestrian mall including the specification of the type of vehicular or other traffic the subject of exclusion or restriction, times of exclusion or restriction where appropriate, any exemptions from exclusion or restriction as aforesaid, the date of commencement of the operation of the road or the part of the road as a permanent pedestrian mall, and such other provisions as the Governor in Council thinks fit. (p) On and from the date specified in the Order in Council as the date of commencement of the operation of the road or the part of the road as a permanent pedestrian mall, such road or part shall be a permanent pedestrian mall and its operation as such shall have the force of law and be binding upon and obeyed by the Local Authority and all persons whomsoever accordingly subject to and in accordance with the provisions contained in the Order in Council. (q) The Governor in Council on the recommendation of the Minister may at any time after the date of commencement of the operation of the permanent pedestrian mall, by Order in Council published in the Gazette, alter, on and from a date specified in the Order in Council, any provisions subject to or in accordance with which such mall operates, and such provisions shall be altered on and from the date so specified. In fixing the date that is specified in the Gazette as aforesaid, the Governor in Council shall have regard to the period of time that he considers is reasonably required to carry out all works necessary to give effect to and comply with such alteration of provisions. (iv) Permanent works by Local Authority. (a) Upon the commencement of the operation of a permanent pedestrian mall, the Local Authority shall carry out all works necessary to ensure that the permanent pedestrian mall is established in all respects in accordance with the provisions (as altered from time to time pursuant to paragraph (iii) (q)) contained in the Order in Council referred to in paragraph (iii) (n). (b) In addition to carrying out the works referred to in subparagraph (a), the Local Authority may carry out additional works with respect to the permanent pedestrian mall to embellish it and to provide generally for the comfort and convenience of the public, provided that such works do not contravene any of the provisions contained in the Order in Council referred to in paragraph (iii) (n) as altered from time to time pursuant to paragraph (iii) (q).

302 Local Government Act Amendment Act 1975, No. 16 (c) In any case where, pursuant to paragraph (iii) (q), the Governor in Council on the recommendation of the Minister alters any provisions subject to or in accordance with which a permanent pedestrian mall operates, the Local Authority shall carry out all works necessary to give effect to and comply with such alteration of provisions before the effective date of alteration. (v) Cessation of operation of permanent pedestrian mall. (a) Notwithstanding the establishment of a permanent pedestrian mall in accordance with the provisions of this subsection, the Governor in Council may if he thinks fit, on the recommendation of the Minister, by Order in Council published in the Gazette, terminate, on and from a date specified in the Order in Council, the operation of a road or part of a road as a permanent pedestrian mall. (b) The Minister, before making a recommendation, shall notify the Local Authority of his intention to recommend termination of the permanent pedestrian mall to the Governor in Council, shall state in the notification the grounds on which he proposes to base his recommendation, and shall inform the Local Authority that, it may, within 60 days after receipt of the notification by it, submit representations to him in respect of the proposal to recommend termination as aforesaid. (c) The Local Authority may, within 60 days after receipt of the notification referred to in subparagraph (b), submit to the Minister such representations as it thinks fit in respect of the proposal by the Minister to recommend termination of the permanent pedestrian mall. (d) If representations are not made to the Minister by the Local Authority within the time prescribed, the Minister may proceed forthwith to make his recommendation to the Governor in Council. (e) Where the Local Authority makes representations to the Minister within the time prescribed, the Minister, in making a recommendation to the Governor in Council in accordance with this paragraph (v), shall forward with his recommendation the representations made to him by the Local Authority. (f) The Governor in Council shall consider the recommendation of the Minister and any representations of the Local Authority forwarded by the Minister with the recommendation and may make such determination as he thinks fit with respect to the termination or continuation of the permanent pedestrian mall. (g) Where the Governor in Council determines that the operation of the road or the part of the road as a permanent pedestrian mall shall be terminated, he shall so terminate such operation in manner prescribed in subparagraph (a). (h) The operation of the road or the part of the road as a permanent pedestrian. mall shall terminate on and from the date specified in accordance with subparagraph (a). (i) The Governor in Council, in fixing the date that is specified in the Order in Council as the date of termination of the road or part of the road as a permanent pedestrian mall, shall have regard to the period of time that he considers is reasonably necessary to effect the restoration of the area of the permanent pedestrian mall as a road or part of a road to the same condition, or as near. thereto as is practicable in the circumstances, as existed at the 0

Local Government Act Amendment Act 1975, No. 16 303 commencement of the operation of the road or the part of the road as such permanent pedestrian mall, and the Local Authority shall, before the effective date of termination, carry out all works necessary to effect the restoration of the area of the permanent pedestrian mall as a road or part of a road to the same condition, .or as near thereto as is practicable in the circumstances, as existed at the commencement of the operation of the road or the part of the road as such permanent pedestrian mall. (vi) Compensation not payable . A person shall not be entitled to compensation on account of any property, real or personal, or any rights or interests being injuriously affected by reason of the operation of, or any thing done pursuant to, any of the provisions of this subsection or any amendment thereof. (vii) For the purpose of this subsection, the term " Local Authority " includes Brisbane City Council, and in ret`ation to Brisbane City Council, the term " clerk " includes Town Clerk.". 20. Amendment of s. 37. Section 37 of the Principal Act is amended by, in subsection (3), omitting the word "sewerage" and substituting the word " sewage ". 21. Amendment of s. 47. Section 47 of the Principal Act is amended by- (a) omitting subsection (14); (b) in subsection (15), omitting the words " and for that purpose may make and levy a separate drainage maintenance rate to meet the cost of such maintenance "; (c) in subsection (23), inserting after paragraph (b) the following paragraph:- " (c) Where prior to the commencement of the Local Government Act Amendment Act 1975 a Local Authority has made, or has made and levied, a separate drainage rate, a separate drainage loan rate or a separate drainage maintenance rate, then notwithstanding the commencement of such Act every such rate shall be and remain due and payable to the Local Authority, and all rights, duties, obligations, powers and authorities with respect thereto shall continue as though such Act had not commenced.". 22. New s. 49G. The Principal Act is amended by inserting after section 49F the following section:- " 49G. Control and regulation of flammable and combustible liquids . (1) In this section- combustible liquid " means any liquid substance that is a combustible liquid having a flash point of less than 150°C and greater than 61CC when that substance comprises one liquid volume that is greater than 25 litres: " flammable liquid " means any liquid substance that is a flammable liquid and classified as- class A-having a flash point of less than 23°C: or class B-having a flash point not exceeding 61 C and not less than 23°C, but in either case excluding any such liquid that is a potable liquid containing ethyl alcohol.

304 Local Government Act Amendment Act 1975, No. 16 (2) Subject to this section, the control and regulation of flammable and combustible liquids and matters with respect thereto is a function of Local Government. (3) Without limiting the power to make regulations conferred by section 4, regulations may be made under that section for or with respect to- (a) providing for the licensing by Local Authorities of premises on which flammable or combustible liquids are or are to be stored, the issue of.licences, persons to whom and periods for which they are issued, cancellation and suspension of licences, period of suspension, terms and conditions of issue of licences, circumstances under which licences shall or may be cancelled or suspended, exemptions from licensing, terms and conditions of such exemptions, appeals against cancellation or suspension of licences, to what place, body or person appeals may be made and all other matters pertaining to the institution and conduct of and procedures in connexion with such appeals; (b) the control and regulation of licensed premises generally, the prescribing of standards to be applied in the erection and location of premises the subject of licensing and in the handling of flammable and combustible liquids, and the prescribing of conditions, including conditions in respect of quantities of flammable and combustible liquids, in or under which premises are or are not subject to licensing; (c) the control and regulation of the conveyance of flammable and combustible liquids in pipelines; (d) the marking, labelling and packing of or in relation to flammable and combustible liquids; (e) fire fighting and extinguishing equipment and apparatus in relation to the storage and other regulation and control of flammable and combustible liquids, premises wherein or whereon such equipment or apparatus is to be installed and kept and maintenance thereof, and the specification of the quantity and type of equipment or apparatus to be installed, kept and maintained by ° reference to the type of premises in question; (f) mode of storage of flammable and combustible liquids, storage containers and places of storage including places underground and above the ground; (g) classifications of flammable and combustible liquids; (h) forms and fees in relation to flammable and combustible liquids including licensing and storage in connexion therewith; (i) prescribing offences for contravention or failure to comply with provisions of the regulations made with respect to flammable and combustible liquids pursuant to the provisions of this section; (j) prescribing the amount of any penalty for any offence against any 'regulation made with respect to flammable or combustible liquids pursuant to the provisions of this section, provided that any. such penalty shall not

Local Government Act Amendment Act 1975, No. 16 305 exceed $400 and, if the offence is a continuing one, a further sum of $40 for each and every day during which the offence continues; (k) all matters that may be convenient for the administration of this section or that may be necessary or expedient to achieve the objects and purposes of this section. (4) Regulations made pursuant to the provisions of this section may be made to have application either in respect of, the whole of the State or in respect of particular areas thereof, and where they are made to have application in respect of particular areas they shall have such application in respect of the areas so particularized in the regulations. (5) A Local Authority may make by- laws (not inconsistent with this section or regulations made pursuant to its provisions) for or with respect to the licensing and other regulation and control of storage and other matters relating to flammable and combustible liquids, and otherwise for or with respect to the subject matter in relation to which such regulations may be made, and by-laws made by a Local Authority in respect of any of the aforesaid matters, in force at the commencement of the Local Government Act Amendment Act 1975, shall, subject to any repeal or amendment thereof, continue in force to the extent that they are not inconsistent with this section or regulations made pursuant to its provisions. (6) For the purpose of the application of this section and regulations made pursuant to its provisions, the term " Local Authority " includes Brisbane City Council, and, in relation thereto, the term " by-law " includes ordinance.". 23. Amendment of s. 52 . Section 52. of the Principal Act is amended by, in paragraph (ii) of subsection (7), omitting the words " out of the local fund ". 24. Amendment of s. 53 . Section 53 of the Principal Act is amended by- (a) in subsection (5), omitting the words " The poll shall be by ballot."; (b) omitting subsection (6) and substituting the following subsection:- " (6) The rules and directions contained in the Third Schedule and the regulations and forms contained in The Local Government Elections Regulations of - 1960 as amended from time to time and in any other regulations made under this Act in respect of proceedings in relation to elections held in pursuance of this Act shall, as to all matters to which they extend, regulate the proceedings in relation to polls held in pursuance of this Part with, however, such modifications of such provisions as the Governor in Council considers necessary in any particular case or as he may generally prescribe.". 25. Amendment of Third Schedule . The Third Schedule to the Principal Act is amended by- (a) in rule 5- (i) omitting, in subrule (1), the word " seven " and substituting the word " twenty-one ";

306 Local Government Act Amendment Act 1975, No. 16 (ii) omitting subrules (2) and (3) and substituting the following subrules:- " (2) Restrictions with respect to election matter . After the date of public notice of election referred to in subrule (i) and before the close of the poll. all election matter printed and published in any newspaper, circular, pamphlet, sign, poster, bill or dodger shall be signed by the author or authors, giving his true name and address or their true names and addresses, as the case may be, at the end thereof. Penalty: $100. (3) Any newspaper editor or proprietor who permits, in any newspaper that he edits or owns, the publication of any unsigned election matter, or any signwriter who causes or permits to be made any unsigned election matter, after the date of such public notice of election as aforesaid and before the close of the poll is guilty of an offence. Penalty: $100. (4) In subrules (2) and (3), " election matter " means matter of any of the following kinds, namely:- (a) matter commenting on, or soliciting votes, for, a candidate at an election; (b) matter commenting on, or advocating support of, a political party to which a candidate at an election belongs; (c) matter commenting on, stating or indicating any of the issues being submitted to the electors at an election or any part of the policy of a candidate at an election or of the political party to which such a candidate belongs; and (d) matter referring to meetings held or to be held in connexion with an election."; (b) in rule 6, omitting the second and third paragraphs of subrule (1), being the paragraphs commencing with the words " At any place " and "Such person" respectively, and substituting the following paragraphs:- " A nomination paper shall be delivered to the returning officer before nomination day at the public office of the Local Authority during normal office hours or on nomination day at the place of nomination between the hours of nine o'clock in the morning and twelve o'clock noon, and the returning officer shall if required give a receipt for the same. Such nomination paper shall be in the prescribed form naming such person as a candidate, signed by the persons nominating him, and signed by such person as consenting to the nomination. Such person or some person on his behalf shall, at the time of the delivery of the nomination paper, pay to the returning officer, who shall give a receipt for the same , the sum of $40 which shall be paid into the Trust Fund of the Local Authority, to be dealt with as hereinafter provided, which payment may be made in money or by cheque drawn by a bank on itself.": (c) in rule 8. omitting the words " Immediately on " and substituting the words " As soon as practicable after ";

Local Government Act Amendment Act 1975, No. 16 307 (d) omitting rule 19 and substituting the following rule:- " 19. Expenses of returning officer . (1) The Local Authority may fix by resolution a reasonable sum as remuneration for services rendered-by a returning officer. (2) All expenses that a returning officer necessarily incurs in and about an election under this Act and remuneration fixed by the Local Authority pursuant to subrule (1) shall be paid by the Local Authority out of the general fund."; (e) in rule 23, omitting .subrule. (1) and substituting the following subrule:-- " (1) The returning officer shall, as soon as practicable after he has examined and counted all the ballot-papers and ascertained the gross number of votes received for each candidate, publicly notify, by advertisement in the prescribed form in some newspaper, the general state of the- poll so ascertained and the name of each candidate who has been elected."; (f) in rule 24, omitting the second paragraph, being the paragraph commencing with the words " The clerk shall safely " and substituting the following paragraphs:- " The clerk shall safely keep the same for twelve months after the receipt thereof. At the expiration of such twelve months the chairman shall cause the ballot-papers contained in such packet to be destroyed but before proceeding to such destruction he shall give at least seven days' notice thereof to each member of the Local Authority, each of whom shall be entitled to be present personally at the place and time' of destruction to verify that all such ballot-papers are then destroyed. The ballot-papers shall be destroyed in the presence of a stipendiary magistrate, a member of the police force or at least three members of the Local Authority. The clerk may 'dispose of the remaining contents of such packet, at the expiration of twelve months after the receipt of the packet, in such manner as he thinks fit."; (g) omitting rule 25; (h) omitting rule 29 and substituting the following rule:- " 29. Vote by person not named as an elector on voters ' roll. (1) Notwithstanding anything contained in these rules other than this rule, a person who, on polling day at a polling-place or polling-booth, claims to vote at an election and- (a) whose name is not, or apparently is not, upon the voters' roll for that election ; (b) whose name. if not upon the voters' roll, is not thereupon by reason of- (i) some official mistake or error whereby his name shall have been wrongly omitted or erased from the electoral roll or rolls of the electoral district or districts comprised within the Area or division: or (ii) its being omitted from the voters' roll in the compilation of such roll from the electoral roll or rolls of the electoral district or districts or parts thereof comprised within the Area or division; and

08 Local Government Act Amendment Act 1975, :Vo. 16 (c) that mistake, error or omission occurred through no fault of his and he had no knowledge thereof before the due date, - may be permitted to vote under this rule if, but only if, he makes a declaration upon an envelope and in the prescribed form before the presiding officer at the polling-place or polling-booth where the vote is claimed by him. (2) Upon such declaration being made- (a) the presiding officer shall give to the person claiming to vote a ballot-paper but shall retain the envelope endorsed with the declaration of that person: (b) that person shall, in a compartment provided at the polling-place or polling-booth in question to enable electors to mark ballot-papers, record his vote in the manner - prescribed, and immediately thereafter fold up the ballot-paper so as to conceal the manner in which he has voted and deliver it to the aforementioned presiding officer; (c) the presiding officer shall then, in the presence of that voter and of such scrutineers, if any, as are present, and without unfolding the ballot-paper, enclose it in the envelope bearing the declaration of that voter and, after securely fastening that envelope, place it aside in separate custody until he shall have dealt with it as hereinafter provided in this rule. (3) Every presiding officer shall make, in the prescribed form, a record of the name and address of every person permitted by him to vote under this rule. (4) Every presiding officer shall initial separately the particulars so recorded by him in respect of each person permitted by him to vote under this rule. (5) Forthwith upon the close of the poll, every presiding officer shall- (a) enclose in a securely fastened outer envelope all envelopes containing votes permitted by him under this rule, together with the .record of the persons permitted those votes; (b) transmit by post or otherwise every such outer envelope, properly addressed , to the returning officer. (6) The returning officer shall- (a) without in any way unfastening, or permitting or allowing to be in any way unfastened, any envelope immediately containing such - a ballot-paper satisfy himself by examining the declaration of the voter upon that envelope that the declaration is in order and, by inquiry as he deems necessary, that the voter is a person permitted to vote under this rule for the Area or division; (b) (in any case where, upon inquiry as aforesaid, the returning officer finds that the name of the voter is upon the voters ' roll for the Area or division at the election in question) upon satisfying himself as aforesaid in every respect and upon further satisfying himself that" the

Local Government Act Amendment Act 1975, No. 16 309 voter has not voted otherwise for the Area or division at that election place a mark against the name of that voter in the voters ' roll used by him at the election in question. (7) (a) At the scrutiny the returning officer shall produce unopened all envelopes received by him containing votes for the Area or division permitted under this rule. (b) If, in respect of any vote permitted under this rule, the returning officer is not satisfied in every respect as required by the provisions of subrule (6), he shall reject that vote and shall, without in any way unfastening or permitting or allowing to be in any way unfastened the envelope containing it, set that envelope aside for separate custody. Subject to rule 28, the returning officer shall also reject and set aside for separate custody every envelope purporting to contain a vote permitted under this rule which does not bear thereon the form of declaration prescribed under this rule. (c) If, in respect of any vote permitted under this rule, the returning officer is satisfied in every respect as required by the provisions of subrule ( 6), but not otherwise , he shall open the envelope containing the ballot-paper and, without then unfolding the ballot-paper , place it in a ballot-box and, set the envelope aside for separate custody. (d) When the returning officer shall have dealt with all the envelopes containing votes permitted under this rule produced by him at the scrutiny at any one and the same time he shall open the ballot-box and count in the manner prescribed by these rules such and so many ballot-papers recording those votes as he shall have placed therein; and shall so proceed in respect of every such time until the day when all votes permitted under this rule shall have been received and dealt with by him. (e) The provisions of rule 50, setting forth for what causes ballot-papers shall be rejected , shall, so far as they are applicable, apply to the examination of votes recorded in the manner directed by this rule. (8) As soon as may be after the conclusion of an election the returning officer shall deliver to the Principal Electoral Officer a list in the prescribed form setting out the names and addresses of ° all persons who have been permitted to vote under this rule , and the Principal Electoral Officer shall cause to be taken under, subject to and in accordance with the Elections Act, such steps as are necessary to secure the due enrolment of such of those persons as, being qualified to vote, are not duly enrolled. (9). For the purposes of this rule , the term " due date " means the next preceding thirty-first day of December, if the election at which an elector claims to vote under this rule is a triennial election, or 30 clear days before the day for taking the poll, if the election at which the elector claims to vote is other than a triennial election." ; (i) omitting rule 30; (j) in rule 30A , omitting , in subrule ( 1), the words " rules twenty-nine and thirty " and substituting the words " rule 29 "; (k) in rule 33 , omitting the words " in like manner " occurring in subrule (3) and substituting the words " by writing under his hand in the prescribed form ";

310 Local Government Act Amendment Act 1975, No. 16 (1) in subrule (2) of rule 35- (i) omitting paragraph (d) and substituting the following paragraph:- (d) Contain- (i) in the case of the election of chairman, a printed 'list of the names of all the candidates for the office of chairman: (ii) in the case of the election of a member or members, a printed list of the names of all the candidates for the office or offices of member or members, in each case with each name inserted once only with the surname first followed by the christian name or names and arranged alphabetically in the order of surnames, and with the name of no other person appearing;"; (ii) omitting the word " additions " occurring in paragraph (e) and substituting the word " occupations "; (m) in subrule.(2) of rule 36- (i) omitting the words " rules thirty-five, thirty-seven and forty-five to fifty-three inclusive, of these rules ,"' and substituting the words " the rules of this Schedule,"; (ii) inserting after the word " shall " the words " , unless the contrary intention appears,"; (n) in subrule (1) of rule 37- (i) omitting paragraph (ii) and substituting the following paragraph:- " (ii) In respect of every parcel of ballot-papers supplied by the returning officer to a presiding officer, the returning officer shall cause to be prepared a delivery note in triplicate and shall include two copies thereof in such parcel. The delivery note shall be in the prescribed form detailing the ballot-papers and the respective numbers thereof contained in the parcel and containing the prescribed form of receipt for the acknowledgment of the receipt of the ballot- papers."; (ii) inserting after the words " parcel with the " occurring in paragraph (iii) the words " copies of the "; (iii) omitting the word " that " occurring after the words " ballot- papers contained in " in paragraph (iii) and substituting the words " the copies of the "; (iv) inserting after the words " parcel and the " occurring in paragraph (iii) the words " copies of the "; (v) omitting paragraph (iv) and substituting the following paragraph " (iv) Forthwith upon compliance with the requirements of paragraph (iii), the presiding officer shall return one copy of the delivery note to the returning officer and retain the other copy, and he shall attach the retained copy by gum or other suitable means to the writing that accounts to the returning officer for all ballot- papers as prescribed."; (o) in rule 39- (i) omitting the first paragraph of subclause (1) and substituting the following paragraph:- " Each candidate may, by writing under his hand in the prescribed form , appoint- (a) a scrutineer or scrutineers to attend the scrutiny; ahd

Local Government Act Amendment Act 1975, No. 16 311 (b) a scrutineer or scrutineers at each polling-place or, where there are two or more polling-booths at a polling-place, at each of those polling-booths, and the same person may be appointed by a candidate as a scrutineer in more than one of the capacities referred to. ,, (ii) inserting in the second paragraph of subclause (1), after the words " the presiding officer ", the words " or returning officer "; (iii) omitting subrule (2) and substituting the following subrule:- " (2) At any one and the same time during the scrutiny or during the hours of polling, a candidate shall be entitled to have one, and only one, scrutineer at the scrutiny or in a polling-place unless, in the case of a polling-place, it has two or more polling- booths in which circumstance he may have one, and only one, scrutineer in each of those polling-booths: Provided that a second scrutineer for a candidate may enter at the scrutiny or may enter a polling-place or polling-booth for the purpose of taking the place of a scrutineer for the candidate in question already present therein or thereat: Provided further that a second scrutineer for a candidate may, enter a polling-place or polling-booth for the purpose of voting."; _ (iv) inserting at the end of subrule (3), after the words " hours of polling ", the words " or from entering or leaving the scrutiny "; (v) inserting after subrule (3) the following subrule:- " (4) No person shall be appointed to act as a scrutineer who is under the age of eighteen years."; (p) in rule 45- (i) omitting the expression " (1) " occurring at the commencement of and denoting subrule (1); (ii) omitting subrules (2) and (3); (q) in rule 49, omitting the words "one month" occurring in subrule (3) and substituting the words " two months "; (r) in rule 50- (i) omitting paragraph (a) of subrule (1) and the word " or " occurring at the end of that paragraph; (ii) relettering paragraphs (b) and (c) of subrule (1) as paragraphs (a) and (b) respectively; (iii) inserting in subrule (3), after the words " regular in other respects,", the words " if it is substantially in compliance with the provisions of this Act,"; (s) in rule 54, omitting the words " twenty feet " and substituting the words " six metres "; (t) in rule 57- (i) omitting the words " five miles " occurring in subrule (1) (a) and substituting the words " ten kilometres "; (ii) inserting after the words " the returning officer " where first occurring in subrule (1) the words " or the presiding officer ";

312 Local Government Act Amendment Act 1975, No. 16 (iii) omitting all words commencing with the words " in the presence of and must be declared " and ending with the words " authorised to take such declaration." occurring in subrule (1) and substituting the words " and must be witnessed."; (iv) inserting after the words " the returning officer " where occurring in subrule (2) the words " or the presiding officer "; (v) inserting after subrule (2) the following subrule:- " (3) Where an applicant to vote under this rule cannot write in English or cannot write in English other than to sign his name, the person who witnesses his mark or signature must be a justice of the peace, the returning officer or the presiding officer."; (vi) omitting subrule (4) and substituting the following subrule:- " (4) A person who cannot write, or who cannot write in English, is not competent to attest the signature of an applicant to vote under this rule."; (u) in rule 58, inserting after the words " the returning officer " the words " or the presiding officer "; (v) inserting after rule 58 the following rule:- " 58A. Postal vote in case of illness, etc ., by person not named as an elector on voters ' roll. (1) Notwithstanding anything contained in these rules other than this rule, a" person who claims to vote at an election by reason of the provisions of rule 57 and- (a) whose name is not, or apparently is not, upon the voters' roll for that election; (b) whose name, if not upon the voters' roll, is not thereupon by reason of- (i) some official mistake or error whereby his name shall have been wrongly omitted or erased from the electoral roll or rolls of the electoral district or districts comprised within the Area or division; or (ii) its being omitted from the voters' roll in the compilation of such roll from the electoral roll or rolls of the electoral district or districts or parts thereof comprised within the Area or division; and (c) that mistake, error or omission occurred through no. fault of his and he had no knowledge thereof before the due date, may be permitted to vote under this rule if, but only if, he makes a declaration in the prescribed form which declaration shall accompany the application to the returning officer or the presiding officer for a postal vote certificate. (2) Upon receipt of the application accompanied by the prescribed declaration, the returning officer or the presiding officer, if satisfied that the applicant is entitled to vote under these rules, shall grant a certificate, which shall be duly endorsed upon an envelope , and shall be in the prescribed form. (3) Every returning officer or presiding officer shall make, in the prescribed form, a record of the name and address of every person permitted by him to vote under this rule. The returning "officer or presiding officer shall initial separately the particulars so recorded by him in respect of each person permitted by him to vote under this rule.

Local Government Act Amendment Act 1975, No. 16 313 (4) As soon as may be after the conclusion of an election the returning officer shall deliver to the Principal Electoral Officer a list in the prescribed form setting out the names and addresses of all persons who have been permitted to vote under this rule and the Principal Electoral Officer shall cause to be taken under, subject to and in accordance with the Elections Act, such steps as are necessary to secure the due enrolment of such of those persons as, being qualified to vote, are not duly enrolled. (5) For the purposes of this rule, the term " due date " means the-next preceding thirty-first day of December, if the election at which an elector claims to vote under this rule is a triennial election, or 30 clear days before the day for taking the poll, if the election at which the elector claims to vote is other than a triennial election."; (w) omitting subrule (1) of rule 59 and substituting the following subrule :- " (1) Certificate and postal ballot-paper . Subject to rules 58 and 58A (2), the returning officer or the presiding officer to whom an elector applies for a postal vote certificate shall, as soon as possible after the hour of noon on nomination day, deliver or cause to be sent to such elector- (a) the certificate endorsed upon an envelope; (b) an envelope addressed to the returning officer; and (c) a postal ballot-paper. Every postal ballot-paper shall be of the description and in the form prescribed for use in voting under this rule. No elector who has been granted any such certificate shall be entitled to vote except by means of a postal ballot-paper."; (x) omitting rule 60 and substituting the following rule:- " 60. Returning officer or presiding officer to keep record. The returning officer or, as the case may be, the presiding officer shall keep a record in the prescribed form showing the prescribed particulars in respect of postal vote certificates issued by him and shall sign such record. He shall also endorse each application to the effect that a certificate has been issued and sign the endorsement."; (y) in rule 61- ( i) omitting the words " any justice of the peace or elector of the same Area " and substituting the words " a witness "; (ii) omitting the words " or the duly qualified medical practitioner or qualified nurse who is in attendance on such voter "; (z) inserting after rule 62 the following rule: " 62A. Voting at Local Authority office . (1) Any person entitled to apply for a postal vote certificate pursuant to rule 57 may, during normal office hours and during a period of fourteen days before polling day, upon complying with the procedure prescribed in that rule, be permitted to vote at the office of the Local Authority. (2) Upon receipt of the application, the returning officer or presiding officer, if satisfied that the applicant is entitled to vote under these rules , shall grant a certificate which shall be duly endorsed upon an envelope, and shall be in the prescribed form.

314 Loca l Government Act Amendment Act 1975, No. 16 The returning officer or presiding officer shall endorse each application to the effect that a certificate has been issued and sign the endorsement. (3) Subject to subrule (2), the returning officer or presiding officer shall deliver to such elector a postal ballot-paper but shall retain the certificate endorsed upon an envelope. No elector who has been granted any such certificate shall be entitled to vote except by means of a postal ballot-paper. (4) The elector, having received the postal ballot-paper, shall, in a compartment provided for the purpose, record his vote in the prescribed manner and immediately thereafter fold up the ballot-paper so as to conceal the manner in which he has voted and deliver it to the aforementioned returning officer or presiding officer. (5) The returning officer or presiding officer shall then in the presence of that voter and without unfolding the ballot-paper enclose it in the envelope bearing the certificate and after securely fastening the envelope place it in a locked ballot-box provided by the returning officer. (6) While an elector is in a compartment preparing his postal ballot-paper no other person shall, except as is hereinafter provided, be allowed in such compartment. (7) No elector shall take out of the office any postal ballot-paper delivered to him pursuant to this rule, either before or after the same has been so marked : Provided that, before the original postal ballot-paper issued to the elector has been sealed in the envelope and placed in the ballot-box, the returning officer or presiding officer may, if he thinks fit, issue a second or duplicate postal ballot-paper to such elector in substitution for the original postal ballot-paper if the original postal ballot-paper has been accidently defaced, but in such case the elector shall first make a declaration in the prescribed form before the returning officer or presiding officer that the original postal ballot-paper has been so accidently defaced and that he had not already voted at the election, and he shall deliver to the presiding officer the original.postal ballot-paper. The returning officer or presiding officer shall, before the issue of the second or duplicate postal ballot-paper, securely fasten the original ballot-paper in an envelope to which is attached the prescribed declaration and shall set the same aside for separate custody. (8) Without derogating from the provisions of rule 40, the returning officer shall, for the purpose of the voting pursuant to this rule, provide a separate locked box, the key of which he shall keep, and the box shall have a cleft or opening capable of receiving the envelopes containing the postal ballot-papers. (9) Such separate ballot-box shall at all practicable times be kept in a safe and secure place at the office of the Local Authority and shall, where a presiding officer is appointed at the office, be delivered by that presiding officer to the returning officer on polling day.";

Local Government Act Amendment Act 1975, No. 16 315 (aa) omitting rule 64 and substituting the following rule:- " 64. Dealing with postal voter ' s envelope and separate ballot-box. The returning officer and every presiding officer shall deal in the prescribed manner with any postal voter's envelope delivered to him on polling day and the returning officer shall deal in the prescribed manner with the separate ballot-box delivered to him on polling day."; (ab) in rule 65, omitting subrule (1) and substituting the following subrules :- " (1) At the scrutiny the returning officer shall produce unopened all postal voters' envelopes received by him by post or delivered to him or to any presiding officer for the Area and shall open every outer envelope that was- (a) delivered on polling day before six o'clock in the afternoon to the returning officer or to any presiding officer for the Area; (b) received by post by the returning officer before six o'clock in the afternoon of polling day; or (c) received by post by the returning officer within 21 days after polling day and on which the postmark clearly indicates that such envelope was posted on or before polling day. (la) The returning officer shall take the contents of the separate ballot-box delivered to him pursuant to rule 62A from the ballot- box and shall deal with such contents and the contents of the outer envelopes opened pursuant to subrule (1) of this rule as follows:- (a) the returning officer shall produce the postal voters' applications; (b) the returning officer, without opening the envelope endorsed with the certificate, shall compare the signature of the voter with the signature to the application and allow the scrutineers who are present to inspect the same and shall determine whether the signature on such envelope is that of the applicant; (c) if the returning officer is satisfied that the signature on the envelope is that of the applicant, he shall, before opening the envelope, place a mark against the name of the voter concerned in the roll used by him at the election in question and, after so doing, open the envelope containing the postal ballot-paper, and without then unfolding the postal ballot-paper, place it in a ballot-box. Forthwith upon so doing he shall attach the said envelope by gum or other suitable means to the application relating thereto; (d) subject to rule 28, no postal ballot-paper shall be allowed at the scrutiny that is not enclosed in an envelope endorsed with the certificate duly signed, attested and dated under these rules; (e) if the returning officer disallows a vote, then the envelope endorsed with the certificate, unopened, and the application relating thereto shall be attached together by gum or other suitable means and shall be set aside for separate custody.

316 Local Government Act Amendment Act 1975. No. 16 No outer envelope shall be opened at the scrutiny unless it was received by post or delivered in accordance with the provisions of subrule (1), and every envelope so unopened shall be set aside for separate custody.".: (ac) in rule 66, omitting the words " cases set forth in rule fifty-seven." and substituting the words " the cases set forth in rules 57, 58A and 62A."; (ad) inserting after rule 66A the following rule:- " 66B. Presiding officer at Local Authority office. For the purposes of this Part B of this Subdivision [1, the returning officer may appoint, in the prescribed form, an employee of the Local Authority to be a presiding officer at its 'office.": (ae) in subrule (3) of rule 68, omitting the words " and shall be initialled by the returning officer before transmission to voters in manner provided by subrule one of this rule ", (af) inserting after rule 68 the following rule:- " 68A. Postal vote by person not named as an elector on voters' roll. (1) Notwithstanding anything contained in these rules other than this rule, a person who claims an entitlement to vote at an election and- (a) whose name is not, or apparently is not, upon the voters' roll for that election; (b) whose name, if not upon the voters' roll, is not thereupon by reason of- (i) some official mistake or error whereby his name shall have been wrongly omitted or erased from the electoral roll or rolls of the electoral district or districts comprised within the Area or division; or (ii) its being omitted from the voters' roll in the compilation of such roll from the electoral roll or rolls of the electoral district or districts or parts thereof comprised within the Area or division; and (c) that mistake, error or omission occurred through no fault of his and he had no knowledge thereof before the due date, may be permitted to vote under this rule if, but only if- (d) he makes application to the returning officer at any time after the publication of the notice of election and before four o'clock in the afternoon of the day immediately preceding polling day; and (e) he makes a declaration in the prescribed foim, which declaration shall accompany the application to the returning officer. (2) Upon receipt of the application accompanied by the prescribed declaration, the returning officer, if satisfied that the applicant is entitled to vote under these rules, shall transmit to the applicant the printed ballot-papers and the envelopes prescribed by rules 68 and 69 to be dealt with as hereinafter in this subdivision provided. Every such postal ballot-paper shall be of the description and in the form prescribed for use in voting under this rule.

Local Government Act Amendment Act 1975, No. 16 317 (3) Every returning officer shall make, in the prescribed form, a record of the name and address of every person permitted by him to vote under this rule. The returning officer shall initial separately the particulars so recorded by him in respect of each person permitted by him to vote under this rule. (4) As soon as may be after the conclusion of an election the returning officer shall deliver to the Principal Electoral Officer a list in the prescribed form setting out the names and addresses of all persons who have been permitted to vote under this rule by reason of some official mistake or error whereby their names shall have been wrongly omitted or erased from the electoral roll or rolls of the electoral district or districts comprised within the Area or division and the Principal Electoral Officer shall cause to be taken under, subject to and in accordance with the ElectionsAct, such steps as are necessary to secure the due enrolment of such of those persons as, being qualified to vote, are not duly enrolled. (5) For the purposes of this rule , the term " due date " means the next preceding thirty-first day of December, if the election at which an elector claims an entitlement to vote under this rule is a triennial election , or 30 clear days before the day for taking the poll, if the election at which the elector claims an entitlement to vote is other than a triennial election."; (ag) in rule 70- (i) omitting paragraph (c) and substituting the following paragraph:- (c) Contain- (i) in the case of the election of chairman, a printed list of the names of all the candidates for the office of chairman; (ii) in the case of the election of a member or members, a printed list of the names of all the candidates for the office or offices of member or members, in each case with each name inserted once only with the surname first followed by the christian name or names and arranged alphabetically in the order of surnames, and with the name of no other person appearing; "; (ii) omitting the word " additions " occurring in paragraph (d) and substituting the word " occupations "; (iii) omitting, in paragraph (e), all words occurring after the words " voter, and " and substituting the words " for the signatdre and address of the witness to the voter's declaration."; (ah) in rule 72- (i) omitting the words " nearest post office." occurring in the note to the rule and substituting the words " office of Local Authority."; (ii) omitting the words " charge of the postmaster at the post office nearest to the place of nomination." and substituting the words " a safe and secure place in the office of the Local Authority.";

318 Local Government Act Amendment Act 1975, No. 16 (ai) in rule 73- (i) omitting the words. " who shall be another elector of the same Shire or Town, a justice of the peace, or the returning officer " occurring in subrule (1); (ii) omitting the words " in the space, appropriate according to his qualification, where indicated thereon." occurring in subrule (1) and substituting the words " and writing his address thereon in the spaces respectively provided."; (iii) omitting the words " or postmaster or receiving officer of the post office " occurring in subrule (5); (iv) omitting subrule (8) and substituting the following subrule:- " (8) Ballot - papers deposited in ballot-box . The returning officer shall deposit in the ballot-box referred to in rule 72 every post letter addressed to him and endorsed " Ballot Paper, Shire or Town of ," that is received through the post at the place of nomination between the day of nomination and ten o'clock in the morning of the day appointed for closing the poll. All envelopes containing ballot-papers that have been irregularly posted or that have been received through the post after ten o'clock in the morning of the day appointed for closing the poll as aforesaid and which the returning officer has on that account refused to accept shall be endorsed to that effect by the returning officer and set aside for separate custody."; (aj) in rule 75- (1) numbering the first and second' paragraphs as subrule (1) and subrule (2) respectively of the rule; (ii) inserting after subrule (2) as so numbered the following subrules:- " (3) At any one and the same time during the scrutiny, a candidate shall be entitled to have one, and only one, scrutineer at the scrutiny: Provided that a second scrutineer for a candidate may enter at the scrutiny for the purpose of taking the place of a scrutineer for the candidate in question already present thereat. (4) A person- shall not, without lawful authority, prevent or attempt to prevent a scrutineer from entering or leaving the scrutiny. (5) No person shall be appointed to act as a scrutineer who is under the age of eighteen years."; (ak) in rule 76- (i) omitting the words " noon on " and substituting the words " ten o'clock in the morning of "; (ii) omitting the words " demand the ballot-box from the postmaster and, if required to do so, shall give to the postmaster a written receipt for the same , and shall "; (al) in rule 77, inserting after the words " shall then and there " occurring in subrule (1) the words " ( save where the poll for the same Area is in part taken by ordinary ballot, in which case he shall at six o'clock in the afternoon) ";

Local Government Act Amendment Act 1975. No. 16 319 (am) in rule 78- (i) omitting paragraph ( a) of subrule , ( 1) and the word " or " occurring at the end of that. paragraph; (ii) relettering paragraphs ( b) and ( c) of subrule ( 1) as paragraphs (a) and ( b) respectively; (iii) inserting in subrule ( 3), after the words "' regular in other respects ,", the words " if it is substantially in compliance with the provisions of this Act,".