Local Government Act Amendment Act 1979 (Qld)

343 ^Lt22xtI^Ckt' ANNO VICESIMO OCTAVO ELIZABETHAE SECUNDAE REGINAE No. 36 of 1979 An Act to amend the Local Government Act 1936-1978 in certain particulars and for another purpose [ASSENTED TO 20TH JUNE, 1979] 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 1979. (2) The Local Government Act 1936-1978 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 1936-1979. 2. Amendment of s. 4 . Section 4 of the Principal Act is amended by inserting after subsection (9c) the following subsections:- "(9D) (i) Notwithstanding the provisions of the Public ServiceAct1922-1978, an officer of the Public Service of Queensland may, and it is hereby declared always could be appointed, pursuant to subsection (9) or (9A), as Administrator of a Local Authority or, pursuant to subsection (9c), as a member of an executive committee and any such officer so appointed may, and it is hereby declared always could, hold such office of Administrator or, as the case may be, member in conjunction with any office he holds or, as the case may be held in the Public Service of Queensland.

344 Local Government Act Amendment Act 1979, No. 36 (ii) Any rights or privileges accruing to a person as an officer of the Public Service of Queensland shall not be prejudiced or affected, and it is hereby declared never were prejudiced or affected, by his appointment, pursuant to subsection (9) or (9A), as Administrator of a Local Authority or, pursuant to subsection (9c), as a member of an executive committee and such rights and privileges shall continue to accrue and he shall continue to be subject to the Public Service Act1922-1978 as if he had not been appointed as such Administrator or member. (iii) Where an officer of the Public Service of Queensland is appointed the Administrator of a Local Authority or a member of an executive committee he may, and it is hereby declared always could, notwithstanding the provisions of the Public ServiceAct1922-1978 receive and retain any fees and expenses payable pursuant to subsection (9c) by the Local Authority in question. (9E) The Governor in Council may direct that a Local Authority pay the costs, charges and expenses incurred in the administration of the Local Authority pursuant to subsection (9) or (9A), including the salary of an officer of the Public Service of Queensland who is appointed as Administrator of the Local Authority or as a member of an executive committee. Where the Governor in Council makes such a direction the costs, charges and expenses may be recovered by the Minister from the Local Authority by action as for a debt in any court of competent jurisdiction.". 3. Amendment of s. 23B . Section 23B of the Principal Act is amended by- (a) omitting subsection (1) and substituting the following subsection:- " (1) A Local Authority may invest moneys that are temporarily surplus in any fund kept by it- (a) on deposit at a bank; (b) in securities of or guaranteed by the Government of the Commonwealth or the State; (c) with an authorised and approved dealer; or (d) in such other securities as are approved by Order in Council, on the recommendation of the Treasurer."; (b) omitting subsection (3) and substituting the following subsection:- " (3) Every security, safe custody acknowledgement or other document evidencing title issued in respect of any investment shall be held by the Local Authority concerned or by the Treasurer on behalf of the Local Authority.". 4. Amendment of Third Schedule . The Third Schedule of the Principal Act is amended by inserting after rule 12 the following rule:- " 12A. Death of a candidate on or after polling day. (1) A candidate may be declared elected notwithstanding his death on or subsequent to the day upon which the poll was held. (2) In the event of a deceased candidate being declared elected pursuant to this rule, the Local Authority at its first meeting after the conclusion of the election shall resolve- (a) that the vacancy caused by the candidate's death be filled in the manner prescribed by section 7 (10); or

Local Government Act Amendment Act 1979, No. 36 3-45 (b) that an election be held to fill the vacancy caused by the candidate's death. (3) An election to be held pursuant to subrule (2) (b) shall be held on a Saturday to be appointed by the returning officer, within two months of the date of the resolution passed pursuant to that subrule. (4) This rule shall be deemed to have come into force on 30 March 1979. (5) Where between 30 March 1979 and the commencement of the Local Government Act Amendment Act 1979 a candidate has been declared elected in the circumstances referred to in subrule (1), then notwithstanding subrule (2), an election shall be held to fill the vacancy caused by the candidate's death within two months of the commencement of that Act on a Saturday to be appointed by the returning officer.". 5. Validation of payments from Main Roads Fund . Where,. prior to the commencement of this Act, any payment of salary of an Administrator appointed pursuant to section 4 (9) or (9A) of the Principal Act was made from The Main Roads Fund established under the Main Roads Act 1920-1976 it is declared that, notwithstanding the provisions of section 29 of the last-mentioned Act, any such payment is hereby deemed to have been lawfully made and is hereby ratified and approved. 12