Local Government Act Amendment Act 1978 (No. 2) (Qld)

Qualtslaub 737 ANNO VICESIMO SEPTIMO ELIZABETHAE SECUNDAE REGINAE No. 86 of 1978 An Act to amend the Local Government Act 1936- 1978 in certain particulars [ASSENTED TO 15TH DECEMBER, 1978] 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 1978 (No. 2). (2) In this Act the Local Government Act 1936-1978 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Local Government Act 1936-1978. 2. Commencement . This Act or the provisions of this Act specified in the Proclamation shall come into operation on a day or days proclaimed by the Governor in respect of this Act or, as the case may be, those provisions. 3. Amendment of s. 1 . Section 1 of the Principal Act is amended by, in subsection (3)- (a) inserting after the words " Section 8-New Elections," the words " Section 8A-Extension of term of Council elected at fresh election,"; (b) inserting after the words " Section 42D-Offences and General Provisions," the words " Section 42E-Illegal camping, etc.,"; 25 67042

738 Local Government Act Amendment Act (No. 2)1978, No. 86 (c) in the words " Section 49AA-Power to establish and maintain function room as a function of Local Government," inserting after the word " room " the words " or theatre premises ". 4. Amendment of s. 6. Section 6 of the Principal Act is amended by, in subsection (1) (i), omitting the first paragraph and substituting the following paragraphs:- " Every town shall be governed by a council comprised of not more than 11 members, including the chairman, and not less than 7 members, including the chairman, as the Governor in Council from time to time declares by Order in Council. It is declared that the Governor in Council has always had the powers conferred upon him by the preceding paragraph.". 5. Amendment of s. 14 . Section 14 of the Principal Act is amended by, in subsection (7), omitting the words ", in the case of a Town seven days and in the case of a Shire fourteen days," and substituting the words " seven days ". 6. Amendment of s. 15A. Section 15A of the Principal Act is amended by omitting the second paragraph and substituting the following paragraph:- "The power conferred upon the Local Authority by the preceding paragraph includes power to fix by resolution fees for payment to the chairman of a committee appointed pursuant to a by-law made by the Local Authority higher than fees payable to other members of the committee for attendance at meetings of that committee.". 7. Amendment of s. 19. Section 19 of the Principal Act is amended by, in subsection (1), adding at the end of paragraph (ii) the following paragraph:- " Notwithstanding the provisions of subparagraphs (b) and (c) of the preceding paragraph the Local Authority may authorize the clerk or another of its officers (either generally or in a particular case), in lieu of the chairman or any two members referred to in those subparagraphs, on its behalf to enter into contracts referred to in either of those subparagraphs for the execution of any works or the furnishing of any goods or any materials of a value not exceeding $1 000 if- (a) provision for meeting the cost of any such a contract has been made in the budget; or (b) the cost of any such a contract has been approved by the Local Authority in emergent or extraordinary circumstances, and the clerk or the officer may enter into such a contract, if it is a contract that is specified in subparagraph (b) of the preceding paragraph in the manner specified in that subparagraph or if it is a contract that is specified in subparagraph (c) of the preceding paragraph in the manner specified in that subparagraph and may vary or discharge the contract in the same manner.".

Local Government Act AmendmentAct (No.2)1978, No. 86 739 8. Amendment of s. 21 . Section 21 of the Principal Act is amended by- (a) immediately before subsection (1) inserting the following paragraph :- " For the purposes of this Act a rural and rural residential rate and a differential urban rate shall be taken to be a general rate."; (b) in subsection (1) (a) omitting the sentence " Except as hereinafter provided such rate shall be made and levied equally upon the rateable value of land in the Area." and substituting the following sentence:- " Except as hereinafter provided in this section in respect of a rural and rural residential rate and a differential urban rate, a general rate shall be made and levied equally upon the rateable value of land in the Area.". 9. Amendment of s. 23. Section 23 of the Principal Act is amended by adding at the end of subsection (7) the following paragraph:- " (iii) The Local Authority may obtain advances from the bank for temporary accommodation in the sewerage fund by way of overdraft of its current account.". 10. Amendment of s. 27. Section 27 of the Principal Act is amended by omitting subsection (2) and substituting the following subsection:- " (2) Discount on rates for prompt payment. The Local Authority may allow to an owner liable to pay rates who pays the whole of such rates together with any arrears of rates in respect of the land in respect of which the firstmentioned rates are levied within 30 days after notice given to him to pay the firstmentioned rates a percentage by way of discount to be fixed by resolution, but not exceeding $15 per centum of the amount of the firstmentioned rates. A Local Authority that allows a percentage by way of discount in accordance with the preceding paragraph may allow to an owner who pays the firstmentioned rates together with such arrears within 60 days after notice given to him to pay the firstmentioned rates a percentage by way of discount to be fixed by resolution, but not exceeding $7.50 per centum of the amount of the firstmentioned rates.". 11. Amendment of s. 29. Section 29 of the Principal Act is amended by, in subsection (3)- (a) in paragraph (i), omitting the words " at the same meeting in each year at which the budget is adopted " and substituting the words on or before 31 August in each year "; (b) in paragraph (ii) omitting the words " as is " and substituting the words " in the manner "; (c) in paragraph (vi), inserting after the word " shall " the words " on or before 31 August ". 12. Amendment of s. 31 . Section 31 of the Principal Act is amended by- (a) in provision (9), omitting the expression " two hundred dollars and the expression " twenty dollars " and substituting the expression " $500 " and the expression " $50 ", respectively;

740 Local Government Act AmendmentAct (No.2)1978, No. 86 (b) inserting after provision (10) the following provision:- " (10A) A by-law may authorize officers, servants or persons appointed by the Local Authority to seize, take possession of and deal with a dog found at large on land in the occupation of the Crown where requested so to do by the person for the time being having control of the land.". 13. Amendment of s. 32 . Section 32 of the Principal Act is amended by inserting after subsection (3) the following subsection:- " (3A) The Local Authority may contribute to a Board constituted or deemed to have been constituted under the Water Act 1926-1976, towards the cost of the Board's acquiring, constructing, maintaining or administering works situated within the Area of the Local Authority or, with the prior approval of the Minister, outside that Area where the works will in any way benefit the Local Authority. It is declared that the Local Authority has always had the powers conferred upon it by this subsection.". 14. Amendment of s. 34 . Section 34 of the Principal Act is amended .by inserting after subsection (8A) the following subsection:- " (83) Where a plan lodged for registration in accordance with the proviso to subsection (6) or, as the case may be, the proviso to subsection (8) is later withdrawn for a purpose specified in paragraph (a) of section 113 (1) of the Real Property Act 1861-1978 and is again produced for registration after the expiration of six months after the date of notation thereon of approval of the Local Authority such production shall be taken to be a lodgment for registration in accordance with the relevant proviso notwithstanding any provision of section 113 of that Act.". 15. New heading and s. 42E. The Principal Act is amended by inserting after section 42D the following heading and section:- "ILLEGAL CAMPING 42E. Illegal camping , etc. (1) Where an officer, servant or person appointed by a Local Authority (such officer, servant or person being hereinafter in this section referred to as " authorized person ") finds a person camping, lodging or staying on land under the control of the Local Authority, in contravention of a by-law of the Local Authority, the authorized person may- (a) require that person to state his full name and usual place of residence; (b) by virtue of the authority of this Act arrest a person who being required so to do, fails to state his full name and usual place of residence or who states a name or place of residence that the authorized person reasonably suspects to be false, and take him to a police station or watch-house there to be detained by the officer in charge of the police station or watch-house until his full name and usual place of residence are ascertained; (c) upon ascertaining that person's full name and usual place of residence, give him the notice specified in this section.

Local Government Act AmendmentAct (No.2)1978, No. 86 741 (2) The notice- (a) shall be identified by a serial number; (b) shall identify the person to whom it is given by his full name and usual place of residence; (c) shall state in general terms the offence which the person has been found committing; (d) shall inform the person in general terms that if he does not desire the matter to be determined in a court hearing he may complete the form attached to or appearing upon the notice and may forward or deliver that form together with a sum prescribed by regulation by way of penalty to the clerk (or officer nominated in that behalf and named therein) within the time appointed in the notice (which shall be not less than ten days from the date of the giving of the notice) whereupon he will not be liable to further penalty or costs in the matter; (e) shall inform the person in general terms that he has the right to decline to proceed in the manner described in paragraph (d) and to allow the matter to be determined in a court hearing- (i) if he desires to contest the question whether the offence alleged was in fact committed; (ii) if he wishes to submit to the court matters in extenuation of penalty; or (iii) for any other reason, in which event he need not reply or take further action in respect of the notice and that in such case court process will issue against him in due course. (3) Where a person to whom a notice is given pursuant to subsection (1) proceeds in the manner described in subsection (2) (d) within the time appointed in the notice a proceeding against him by way of prosecution for the offence alleged in the notice shall not be competent but otherwise such a proceeding may be commenced as if the notice had not been given. (4) A person shall not assault or use insulting or abusive language to an authorized person who is exercising any of his powers under this section or is attempting so to do. Penalty: $200. (5) A person shall not fail to comply with a requisition directed to him under this section by an authorized person or, in response to such a requisition, give any information that is false or misleading. Penalty: $200. (6) A person shall not hinder or resist an authorized person who is exercising any of his powers under this section or is attempting so to do. Penalty: $200. (7) An authorized person shall not incur any liability on account of anything done for the purposes of this section or done bona fide purportedly for the purposes of this section.

742 Local Government Act AmendmentAct (No.2) 1978, No. 86 (8) In proceedings for an offence against this section a statement in the complaint- (a) that land referred to in the complaint is under the control of the Local Authority; (b) that the defendant named therein has not proceeded in the manner described in subsection (2) (d) within the time appointed in a notice given to him pursuant to subsection (1), is evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained therein.". 16. Amendment of s. 52 . Section 52 of the Principal Act is amended by, in paragraph (iv) of subsection (14) omitting the words " two hundred dollars " and substituting the expression " $500 ".