Local Government Act Amendment Act 1976 (Qld)

178 itc>:ztsIatt^r ANNO VICESIMO QUINTO ELIZABETHAE SECUNDAE REGINAE No. 24 of 1976 An Act to amend the Local Government Act 1936-1975 in certain particulars [ ASSENTED TO 22ND APRIL, 1976] 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 1976. (2) The Local Government Act 1936-1975 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 1936-1976. 2. Amendment of s. 1. Section I or the Principal Act is amended by, in subsection (3), (a) in the heading .. PART 11-POWERS OF CENTRAL GOVERNMENT (i) omitting the word " Minister; " and substituting the word Minister,";

Loca l Government Act Amendment Act 1976, No. 24 179 (ii) inserting at the end thereof the expression " Section 4D-Power of Minister with respect to pipes etc., to be used for certain purposes;"; (b) in the heading " PART XI-FUNCTIONS AND POWERS OF LOCAL GOVERNMENT- ", (i) omitting the expression " Section 33A-Power to restrict use of land in Areas in respect whereof a town planning scheme is not in force,"; (ii) inserting before the expression " Section 35-Classification of roads," the expression " Section 34B-Subdivision of land incorporating a lake, "; (iii) inserting before the expression " Section 49B-Housing a function of Local Government," the expression " Section 49AA-Power to establish and maintain function room as a function of Local Government,"; (iv) inserting after the expression " Section 49F-Provision of off-street parking stations," the expression " Section 49G-Control and regulation of flammable and combustible liquids,". 3. Amendment of s. 3. Section 3 of the Principal Act is amended by, in subsection (1), omitting the term " Minister " and its meaning and substituting the following term and meaning:- " " Minister "-The Minister for Local Government and Main Roads or other Minister of the Crown who at the material time is charged with the administration of this Act: the term includes a Minister of the Crown who is temporarily performing the duties of the Minister; ". 4. Amendment of s. 4B. Section 4B of the Principal Act is amended by- (a) omitting the words " undertake to construct any water supply, sewerage, drainage, or agricultural drainage work " and substituting the following words " carry out surveys and preliminary investigations in respect of any proposed water supply, sewerage, drainage, agricultural drainage or swimming pool project or design or supervise the construction of any work in connection therewith "; (b) adding at the end thereof the following paragraph:- " It is declared that the Minister has always had the powers conferred upon him by this section ". 5. New s. 4D. The Principal Act is amended by inserting after section 4c the following section:- " 4D. Power of Minister with respect to pipes etc ., to be used for certain purposes . (1) The Minister may, at the request or on behalf of a manufacturer, supplier or purchasing authority inspect, test, approve, stamp or mark pipes, fittings, fixtures, materials, equipment or processes to be used in connection with sewerage, septic tank installations, water supply, swimming pools, drainage works or other purposes approved by the Minister. (2) The person or body corporate or unincorporate that submits to the Minister pipes, fittings, fixtures, materials, equipment or processes pursuant to subsection (1) shall pay to the Director such fees as the Minister prescribes. (3) It is declared that the Minister has always had the powers conferred upon him by this section.".

180 Local.Government Act Amendment Act 1976, No. 24 6. Amendment of S...7,.,. Section 7 of the Principal Act. is amended by inserting after subsection (2} the following subsqQtio_n:= " (2A) Oath of allegiance - and declaration of office, to be .made and subscribed . (a) A person elected or appointed to the office of chairman or member of a Local Authority shall,, befpre acting as chairman or, as the case may be, member make and subscribe- (i) the oath of allegiance; (ii) a declaration of office in the following fore: " I, , having been aappoinnted: to the office of c m h e a m ir b m e a r n of the Council of the TC S o h it i wy re n of do hereby declare that I take the office upon myself and will . faithfully and impartially fulfil the. duties of my 'office according to the best of my judgment and ability.".. (b) A person referred to in paragraph (a) may in lieu of making and subscribing the oath of allegiance make, and. subscribe an affirmation of allegiance in the following form:-. " I, do solemnly and sincerely promise and affirm that 1 will be faithful and bear true allegiance to Her Majesty, Queen Elizabeth the Second, as lawful Sovereign of Australia, and Her other Realms and Territories, and to Her Heirs and Successors, according to law." (c) The oath of allegiance and declaration referred to in paragraph (a) may be made and subscribed before the clerk who is hereby authorized to administer that oath and declaration. (d) Upon being made and subscribed, the oath and declaration shall be delivered to the clerk who shall file them and enter in a book to be kept by him for the purpose a record thereof. (e) If a person elected or appointed to the office of chairman or member of a Local Authority fails within one month (or such further time as the Minister in a particular case allows) after the date of his election or appointment to comply with the provisions of paragraph (a), his office shall become vacant.". 7. Amendment of s. 9 . Section 9 of the Principal Act is amended by, in subsection (1), omitting from the proviso the words " twenty pounds " and substituting the expression " $200 ". 8. Amendment of s. 19. Section 19 of the Principal Act is amended by, in subsection (4), (a) omitting the expression " $3,000 " wherever occurring and substituting in each case the expression " S6,000 "; (b) omitting from the second paragraph the words " five hundred dollars " and substituting the expression " 51,000.". 9. Amendment of s. 20 . Section 20 of the Principal Act is amended by- (a) in subsection (5), in paragraph (ii) (B). omitting the word appointed: " and the proviso following that word and substituting the word " appointed."; (b) in subsection (7),

Local Government Act Amendment Act 1976, No. 24 1181 (i) inserting after the word "President" where it occurs in the note in and at the beginning of the subsection the words " and deputy president "; (ii) in the first paragraph, inserting after the word " president " the words " and another member other than the president to be deputy president "; (iii) in the second paragraph, inserting after the word " president " wherever occurring the words " or deputy president " in each case; (iv) in the third paragraph, inserting after the word " president " the words " or deputy president "; (v) omitting the fourth and all subsequent paragraphs and substituting the following paragraphs:- " The clerk shall preside at every meeting for the election of president and while so presiding shall have and may exercise all the powers and authorities of the president other than the right to vote. The office of president or deputy president- (a) shall commence on the day of his election cr appointment; (b) shall become vacant on the day of the conclusion of the next triennial election or appointment of members or on the day he resigns or ceases to be a member, whichever firstly occurs. The president or deputy president may at any time during his term of office as such president or deputy president resign his office by writing signed by him furnished to the clerk. The president shall be the executive officer of the Board and shall preside at each meeting thereof at which he is present. If the president is absent from a meeting the deputy president if present shall preside. If both the president and deputy president are absent from a meeting, a member of the Board, elected at that meeting, shall preside. A member of the Board elected at a meeting shall, while he presides, have all the powers and authorities of the president. The president, deputy president or other member of the Board presiding at a meeting shall have a deliberative vote and in the event of an equality of votes on any question on which more than three members vote, a casting vote. When a vacancy occurs in the office of president or deputy president, the Board shall within one month after the vacancy occurs appoint a member to fill the vacant office and, if the Board before the expiration of that time for any reason fails to do so. the Governor in Council may appoint a member of the Board to fill the vacant office. A member of the Board so appointed shall, subject to this Act, hold office for the remainder of the term for which his predecessor was appointed.". 10. Amendment of s. 21. Section 21 of the Principal Act is amended by- (a) in subsection (1). omitting the final paragraph; (b) inserting after subsection (1) the following subsections- (1A) Minimum general rate levy. Notwithstanding subsection (1) and subject to subsection (1 B), a Local Authority may determine

182 Local Government Act Amendment Act 1976, No. 24 in relation to its Area or in relation to one or more divisions of its Area (where the Area is divided), the minimum amount of the general rate to be levied by it in respect of rateable land in its Area or, as the case may begin the division or divisions in question. The minimum amount of the general rate determined by a Local Authority in relation to rateable land in different divisions of its Area need not be the same. A determination pursuant to this subsection shall be made 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. ( I B) Minimum general rate levy on certain mining claims. Notwithstanding subsection (1), a Local Authority may determine in relation to its Area or in relation to one or more divisions of its Area (where the Area is divided) that the minimum amount of the general rate to be levied by it in respect of rateable land that is held from the Crown under- (a) a special gem claim within the meaning of the MiningAct1968-1971 or The Mining Acts, 1898 to 1967 preserved by the Mining Act1968-1971; (b) a restricted mining claim within the meaning of the Mining Act1968-1971 or The Mining Acts, 1898 to 1967 preserved by the Mining Act1968-1971; or (c) an alluvial mineral claim within the meaning of the Mining Act1968-1971 or The Mining Acts, 1898 to 1967 preserved by the Mining Act1968-1971, shall be different from the minimum amount of the general rate to be levied in respect of other rateable land in the Area or, as the case may be, division or divisions in question.". 11. Amendment of s. 23 . Section 23 of the Principal Act is amended by- (a) in subsection (1), in paragraph (i), inserting after provision (p) the following provision:- (q) A " general reserve fund" where pursuant to paragraph (ii) of subsection (2) of this section, moneys are transferred from the general fund for the purpose of equalising expenditure (not being expenditure chargeable to a particular fund) necessarily incurred in the exercise and performance of the functions of local government under this Act or any other Act "; (b) in subsection (2), in paragraph (ii), inserting after provision (e) the following provision:- (f) In the discretion of the Local Authority, but subject to regulations, the transfer of moneys to the " general reserve fund " for the purpose of equalising expenditure (not being expenditure chargeable to a particular fund) necessarily incurred in the exercise and performance of the functions of local government under this Act or any other Act ".

Local Government Act Amendment Act 1976, No. 24 183 12. Amendment of s. 27. Section 27 of the Principal Act is amended by, in subsection (11), inserting immediately before the words " Clerk of the Council: " where they occur in the forms set forth in paragraphs (vi) (a) and (vii) (d) respectively the words " Correct for the purposes of registration." in each case. 13. Amendment of s. 33. Section 33 of the Principal Act is amended by inserting after subsection (18A) the following subsection:- " (188) Effect of certain decisions on further applications in respect of erection or use of building or other structure or use of land. (a ) Where under a town planning scheme or by-law specified in subsection (18), an application made to a Local Authority in respect of the erection or use of a building or other structure on land or the use of land is refused by the Local Authority, the Local Authority shall not be bound to consider any further application in respect of the erection or use of a building or other structure on such land or the use of such land made within 12 months after the date of refusal of the first application if it is satisfied that the further application is not substantially different from the first application and makes a decision accordingly. (b) Where a Local Authority makes a decision pursuant to paragraph (a), the clerk shall, within seven days after the making thereof, notify the person who made the further application of that decision. The notification shall contain or be accompanied by a copy of this subsection. An applicant who is dissatisfied with a decision of a Local Authority pursuant to paragraph (a) may appeal to the Court against that decision. An appeal pursuant to this subsection may be instituted within 30 days after the date of the receipt by the applicant of the notification of the decision, but not later.". 14. Repeal of s. 33A. The Principal Act is amended by repealing section 33A. 15. Amendment of s. 34. Section 34 of the Principal Act is amended by- (a) in subsection (12), in subparagraph (d), omitting the words " The existing " and substituting the words " Subject to subsection (12E) of this section, the existing "; (b) inserting after subsection (12o) the following subsection:- "(12E) (a) Without limiting its powers under subsection (12), a Local Authority shall have power to refuse an application for approval of a subdivision of land (whether or not the subdivision involves the opening of a road) unless each parcel of land in the proposed subdivision has access within the meaning of paragraph (b). (b) For the purposes of this subsection, the term " access means practicable means of entry of persons and vehicles on to each parcel of land from a constructed road that abuts that parcel or, where permitted by the Local Authority, access by way of easement.".

184 Local Government Act Amendment Act 1976, No. 24 16. New s. 34B. The Principal Act is amended by inserting after section 34A the following heading and section:- " SUBDIVISION OF LAND INCORPORATING A LAKE 34B. (1) Definitions. In this section save where a contrary intention appears- common lake area " means an allotment or allotments that is or are intended to be used for the provision of a lake and access thereto and for other incidental purposes; " company " means a body corporate incorporated or registered in the State under the Companies Act 1961-1975 or any other Act providing for the incorporation or registration in the State of companies, or constituted under any law of the State: the term includes a recognised company within the meaning of the Companies Act 1961-1975 having a place of business or carrying on business within the State; " lake " means a body of water whether occurring naturally or artificially constructed, used or intended to be used primarily for ornamental or recreation purposes: the term does not include a canal within the meaning of The Canals Acts, 1958 to 1960. (2) Subdivision of land with common lake area in private ownership . (a) Where it is proposed to subdivide land in accordance with section 34 in such manner as to provide that all or any of the allotments included in the plan of subdivision are to be used in association with a common lake area, the Local Authority shall not approve and seal the plan of subdivision unless and until it is satisfied that the' common lake area is held for an estate in fee simple by a company and the memorandum of association of that company complies with paragraph (b). (b) The memorandum of association of a company specified in paragraph (a) shall, in addition to complying with the requirements prescribed by or under the Companies Act 1961-1974, contain- (i) provisions that indicate clearly- (A) in respect of each allotment on the plan of subdivision specified in paragraph (a), the rights, obligations and entitlement of the owner with respect to the common lake area; (B) the manner in which the common lake area may be disposed of or otherwise dealt with by way of transfer or lease of the whole or any part thereof, but a provision therein in compliance with this provision (B) shall not derogate from or in any way affect the operation of section 34 or any by-law of the Local Authority relating to the subdivision of land; (ii) provisions that require the company- (A) to establish a fund for administrative expenses sufficient in the opinion of the company for the control, management and administration of the common lake area, for the payment of premiums of insurance and the discharge of any other obligation of the company with respect to the common lake area save the obligation specified in provision (B) of this subparagraph (ii);

Local Government Act Amendment Act 1976. No. 24 l s5 (B) to establish a common lake area maintenance reserve fund for the purpose of equalising maintenance charges in respect of the common lake area against each year, (C) to determine from time to time the amounts of money to be raised for the purposes of provisions (A) and (B); (D) to raise those amounts of money determined pursuant to provision (C) by levying contributions on the owner of every allotment having an entitlement to the common lake area in proportion to his entitlement; (iii) provisions that- (A) indicate clearly how the registered proprietor of an allotment transfers to his successor in title his riyghts, obligations and entitlement as a member of the company at the time of disposing of his allotment; (B) stipulate the action that may be taken by the directors of the company in the event of a registered proprietor of an allotment failing to transfer to his successor in title any shares that under the memorandum of association of the company should have been transferred. Notwithstanding any other Act, a resolution of a company specified in paragraph (a) that purports to vary any of the provisions in the memorandum of association of that company required by this paragraph (b) to be contained therein shall be of no force or effect unless and until that resolution has been approved by the Local Authority. (c) (i) Subject to subparagraph (ii), contributions levied under this subsection shall become due and payable upon the passing of a resolution to that effect in accordance with the terms of that resolution and may be recovered as a joint and several debt by the company in an action in a court of competent jurisdiction from the owner entitled at the time when the resolution was passed and from the owner entitled at the time the action was instituted. (ii) The company shall- (A) on the application of an owner or a person authorised in writing by him in that behalf certify- (1) the amount of any contribution determined as the contribution of that owner; (2) the manner in which that contribution is payable; (3) the extent to which that contribution is payable by that owner; (B) on the application of a Local Authority furnish to that Local Authority details of the amount held from time to time in the common lake area maintenance reserve fund established pursuant to subsection 2 (b) (ii) (B). (d) A person who submits to a Local Authority an application for a subdivision of land pursuant to this section- (i) shall satisfy the Local Authority that he has complied in all respects with the provisions of the Water Act 1926-1975 with respect to referable dams or that those provisions do not apply; 7

186 Local Government Act Amendment Act 1976, No. 24 (ii) shall pay to the Local Authority such sum as is agreed upon with the Local Authority as security against the inability or failure of the company to meet the cost of preservation, maintenance or cleansing of the common lake area pursuant to subsection (7): Provided that the Local Authority may, at any time if it considers that adequate provision exists in the common lake area maintenance reserve fund established pursuant to subsection 2 (b) (ii) (B) to meet the company's obligations pursuant to subsection (7), refund to the applicant the whole or part of any moneys paid pursuant to this subparagraph: Provided further that moneys shall not be paid to or accepted by the Local Authority and an amount shall not be agreed upon under this subparagraph (ii) unless and until a contract in writing has first been made between the applicant and the Local Authority, setting forth- (A) the sum that the applicant agrees to pay to the Local Authority; (B) the terms and conditions relating to the expenditure of that sum by the Local Authority; and (C) the circumstances in which the Local Authority may agree to make the refund referred to in this subparagraph (ii); (iii) shall not use a lake proposed to be constructed as part of a common lake area until- (A) construction thereof has been completed to the satisfaction and in accordance with the requirements of the Local Authority and, in an appropriate case, of the Commissioner of Irrigation and Water Supply or other instrumentality having jurisdiction over waters of the State; (B) the relevant plan of subdivision has been registered by the registrar of titles in accordance with section 34. (3) Matters to be considered on application for subdivision of land incorporating a common lake area . A Local Authority shall, in considering an application for a subdivision of land pursuant to this section in addition to the matters required by section 34 to be considered, take into consideration the following matters:- (i) the proposed use of the lake; (ii) the method to be used in maintaining the top water level in the lake and the source of water supply thereto; (iii) the capacity of outlet structures (if any) from the lake; (iv) the measures to be taken to protect the lake from pollution; (v) the adequacy of measures to be taken pursuant to subparagraph (iv) to prohibit on land within a distance of four metres from the top water level of the lake- (A) the erection of a building or other structure: (B) the parking of vehicles'or caravans; (C) the placing (otherwise than temporarily) thereon of materials, goods, filling or refuse of any kind: - (D) any excavation thereof:

Local Government Act Amendment Act 1976, No. 24 18 7 (vi) the measures to be taken for the monitoring of water quality and for the maintenance in the lake of water quality and whether those measures are adequate; (vii) the methods to be adopted for the provision of general maintenance of the common lake area. (4) Restriction on approval . Notwithstanding this Act or any other Act, the Local Authority shaft not approve an application submitted to it pursuant to this section unless- (a) an environmental impact study report and a statement of impact setting forth those matters and things that in the opinion of the Local Authority are relevant to the proposed subdivision have been made and submitted to it; (b) the Local Authority is satisfied upon evidi,nce adduced by the applicant that the level of water in the lake forming part of the common lake area will at all times be capable of being lowered at a rate considered by the Local Authority to be reasonable and in a manner that complies with the requirements of the Local Authority and any other instrumentality having jurisdiction over the waters of the State; (c) adequate provision has been made by the applicant for storm water drainage into and out of the lake forming part of the common lake area; and (d) the applicant undertakes to maintain at all times the minimum average depth of water in the lake forming part of the common lake area at 1.5 metres or more save where the Local Authority approves a less depth in any case for a particular purpose. ( 5) Common lake areas under control of a Local Authority. (a) An application pursuant to section 34 for the subdivision of land may, with the consent of the Local Authority first had and obtained and subject to this subsection, provide for the incorporation of a common lake area, the surrender to the Crown of the allotment or allotments comprising the common lake area and the placing of that allotment or those allotments under the control of the Local Authority. (b) The provisions of subsections (2) (d), (3) and (4) shall, with all necessary adaptations, apply and extend to applications submitted in accordance with paragraph (a). (c) The registrar of titles shall not register a plan of subdivision of land submitted pursuant to this subsection and approved by the Local Authority unless and until all necessary transfers surrendering to the Crown the allotment or allotments comprising the common lake area have been lodged in his office and he is satisfied that those transfers are correct for registration. (d) Land surrendered to the Crown for the purposes of this subsection shall, pursuant to Part XI of the Land Act 1962-1974, be reserved and set apart for the purpose for which the land was provided in the plan and placed under the control of the Local Authority as trustee.

188 Local Government Act Amendment Act 1976, No. 24 (e) The notation of approval and certificate specified in section 34 on a plan of subdivision pursuant to this subsection shall be subject to the condition and shall indicate that the allotment or allotments comprising a common lake area shall be transferred and surrendered to the Crown. (6) Application of certain provisions of this Act. Subsection (15) of section 34 shall apply to every decision made by a Local Authority under this section (save a decision made upon an application submitted under paragraph (a) of subsection (5)) as if it were a decision in respect of an application for approval to open a new road or to subdivide land. (7) Maintenance of common lake area. The company in whom the ownership of a common lake area is for the time being vested, shall at all times adequately preserve, maintain and cleanse that common lake area to the satisfaction of the Local Authority and shall comply with any by-law of the Local Authority with respect thereto and with any requirement. term or condition imposed by the Local Authority pursuant to any permission, consent or approval granted for the construction or use of that common lake area. (8) Existing lakes. (a) Subsection (7) shall apply to a lake constructed and in use at the passing of the Local Government Act Amendment Act 1976. (b) Where at the date of the passing of the Local Government Act Amendment Act 1976- (i) there is in existence a lake that, if it had been constructed after that date, would have constituted all or part of a common lake area for the purposes of this section; and (ii) a plan of subdivision has been approved by the Local Authority and registered in the office of the registrar of titles under which allotments included in that plan abut the lake referred to in subparagraph (i); and (iii) it would not be possible to subdivide other land abutting the lake referred to in subparagraph (i) pursuant to this section without altering the basis on which registered proprietors have acquired allotments in the plan referred to in subparagraph (ii), then a subdivision of land abutting the lake proposed after that date shall not be subject to the requirements of this section. (9) By-laws. The power of a Local Authority to make by-laws under this Act includes power to make such by-laws as are necessary or convenient for carrying out or giving effect to this section and without limiting the generality of this provision the provision for, regulation, control, construction and maintenance of-. (a) common lake areas; (b) lakes constructed after the date of the passing of the Local Government Act Amendment Act 1976; (c) lakes in existence at the date of the passing of the Local Government Act Amendment Act 1976. (10) Non- operation of Canals Acts. Section 19 of The Canals Acts. 1958 to 1960 shall not operate so as to prevent the construction and use of a lake pursuant to this section.

Local Government Act Amendment Act 1976..Vo. 24 189 (11) Penalty for offence against this section . Where an offence against this Act is constituted by a failure to comply with a provision of this section. the offender is liable to a penalty of 51 000 and in addition to a penalty of 5100 for each day during which the offence continues.". 17. New s. 49AA. The Principal Act is amended by inserting after section 49A the following section:- " 49AA. Power to establish and maintain function room as a function of Local Government . ( 1 ) I n this section- " function room " means premises in respect of which a function room license is in force at any material time; " function room license " means a function room license granted under and in accordance with the LiquorAct1912-1973. (2) A Local Authority may, as a function of Local Government, with the permission of the Governor in Council granted by Order in Council first had and obtained, establish and maintain by its nominee within its Area a function room. The nominee shall be the clerk or other senior officer of the Local Authority appointed by the Local Authority. (3) An application for permission pursuant to subsection (2) shall be made by the Local Authority to the Minister and shall set forth- (a) all such information as he requires in relation to the premises the subject of the application and the purpose for which it is intended to use the premises; (b) full particulars of the person nominated by the Local Authority to conduct the function room, including evidence that he has satisfied the Licensing Commission that he is a ' fit and proper person to hold a function room license under the Liquor Act1912-1973. (4) Where the Governor in Council grants the permission sought , the Order in Council notifying the granting of permission shall specify the name of the person nominated by the Local Authority to conduct the function room. (5) The Local Authority shall not conduct or maintain the function room in respect of which permission has been granted under this section by its nominee unless he is the holder of a function room license granted under Part VIG of the LiquorAct1912-1973 in respect of that function room. (6) This section does. not authorize a Local Authority to apply for or hold in the name of that Local Authority a function room license in respect of a function room within its Area.". 18. Amendment of s. 50. Section 50 of the Principal Act is amended by- (a) in subsection (7), inserting after paragraph (ii) the following paragraph:-- " (iii) Without limiting the power conferred upon a Local Authority by paragraph (ii), where expenses specified in paragraph (i) of this subsection have, whether before or after or partly before

190 Local Government Act Amendment Act 1976, No. 24 and partly after the passing of the Local Government Act Amendment Act 1976 remained unpaid for three years or longer, the Local Authority shall, without further authority than this Act, be empowered to sell the land in respect of which the expenses were incurred and, for that purpose, subsection (11) of section 27 shall, with all necessary adaptations, apply."; (b) in subsection (8), (i) in paragraph (i), omitting the words " twenty pounds " and "forty shillings " and substituting the expressions " S200 " and $20 "respectively; (ii) inserting after paragraph (i) the following paragraph:- " (ia) Any person who unlawfully assaults an officer, employee or agent of a Local Authority in the course of the performance of anything that he is empowered or required to do by or under this Act or any other Act shall be liable to a penalty of $200."; (iii) omitting from paragraphs (ii), (iii) and (iv) the words " ten dollars " wherever occurring and substituting in each case the expression " $50 ". 19. Amendment of s. 52. Section 52 of the Principal Act is amended by inserting after subsection (7) the following subsection:- " (7A) Offence by body corporate. (a) Where a body corporate commits an offence against this Act each of the following persons shall be deemed to have committed the offence and shall be liable to be proceeded against and punished accordingly:- (i) the managing director, manager or other governing officer, by whatever name called, and every member of the governing body thereof, by whatever name called; and (ii) every person who in Queensland manages or acts or takes part in the management, administration or government of the business in Queensland of the body corporate. (b) This subsection applies so as not to limit or affect howsoever the liability of a body corporate to be proceeded against and punished for an offence against this Act committed by it. (c) A person proceeded against pursuant to this section shall not be convicted if the court is satisfied that the offence was committed without his connivance or consent and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to all the circumstances.". 20. Amendment of Fourth Schedule . The Fourth Schedule to the Principal Act is amended by- (a) in clause 1, omitting subparagraph (c) and substituting the following subparagraph:- (c) an officer's representative appointed in each case by- (i) if the appellant is a member of an industrial union of employees, the executive of that union; (ii) if the appellant is not a member of an industrial union of employees, the Minister."; (h) in clause 8,

Local Government Act Amendment Act 1976, No. 24 191 (i) adding at the end thereof' the following paragraphs:- If the secretary is of opinion that a notice of appeal lodged under this clause is out of time, he shall advise the Minister thereof immediately and of the grounds for his opinion, and the Minister shall, if he is of opinion that the notice is in fact out of time. direct that no further action be taken upon that notice. Where the Minister so directs, the secretary shall notify the appellant accordingly."; (c) in clause 9, omitting the word " Upon " and substituting the following words " Subject to clause 8, upon ".