Local Government Act and Another Act Amendment Act 1987 (Qld)

460 fON ANNO TRICESIMO SEXTO ELIZABETHAE SECUNDAE REGINAE No. 36 of 1987 An Act to amend the Local Government Act 1936-1986 and ti;e Cityof BrisbaneAct 1924-1986 each in certain particulars [ASSENTED TO 30TH APRIL, 1987]

Local Government Act and Another Act Amendment Act 1987, No. 36 461 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:- PART I-PRELIMINARY 1. Short title . This Act may be cited as the Local Government Act and Another Act Amendment Act 1987. 2. Arrangements . This Act is arranged as follows:- PART I-PRELIMINARY (ss. 1-2); PART II-AMENDMENT OF THE LOCAL GOVERNMENT ACT 1936-1986 (ss. 3-15); PART III-AMENDMENT OF THE CITY OF BRISBANE ACT 1924-1986 (ss. 16-17). PART II-AMENDMENT OF THE LOCAL GOVERNMENT ACT 1936-1986 3. Citation . (1) In this Part the Local Government Act 1936-1986 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Local Government Act 1936-1987. 4. Amendment of s. 1. Section 1 of the Principal Act is amended, in subsection (3), by omitting all words from and including "Section 49A" to and including "premises as a function of Local Government," and substituting the following expression:- "Section 49A-Licenses etc. under the Liquor Act 1912-1985,". 5. Amendment of s. 6 . Section 6 of the Principal Act is amended, in provision (i) of subsection (1), by- (a) omitting the paragraph commencing with the words "The preceding" and ending with the words "preceding paragraph." and substituting the following paragraph:- "Provided that where a Shire governed by a Council comprised of a number of members (including the chairman) more than 11 has been proclaimed after the 31st December 1985 to be a City (whether before or after the passing of the Local Government Act and Another Act Amendment Act 1987) that City shall be governed by a Council comprised of that number of members until the Governor in Council declares otherwise under the preceding paragraph, which shall in this case be construed to confer on the Governor in Council a discretion whether or not he so declares."; (b) in the paragraph commencing with the words "If the Town"- (i) omitting the words "in like manner";

462 Local Government Act and Another Act Amendment Act 1987, No. 36 (ii) inserting after the words "to each division" the words "by the Governor in Council by Order in Council". 6. Amendment of s. 14. Section 14 of the Principal Act is amended, in subsection (4), by omitting paragraph (i) and substituting the following paragraphs:- "(i) If a member of a Local Authority has any pecuniary interest, direct or indirect, in any contract or proposed contract or other matter, and is present at a meeting of the Local Authority at which the contract or proposed contract or other matter is the subject for consideration, he shall at the meeting, as soon as practicable after the commencement thereof, disclose the fact, and shall not take part in the consideration or discussion of, or vote on any question with respect to, the contract or proposed contract or other matter. (ia) For the purposes of this subsection, the interest that a member may have in- (a) the allowances provided for under section 13 or the fees and expenses provided for under section 15A; (b) a contract or proposed contract or matter as a ratepayer, elector or inhabitant of the Area or as an ordinary user or consumer of any service or thing; or (c) any matter relating to the terms on which the right to participate in any service, including the supply of goods, is offered for general use or consumption, shall not be treated as a pecuniary interest.". 7. Amendment of s. 17. Section 17 of the Principal Act is amended, in subsection (2), by- (a) in paragraph (i)- (i) omitting the words "at the commencement of this Act"; (ii) omitting all words from and including ", or who is" to and including "after the commencement of this Act"; (iii) omitting all words from and including "regulations:" to and including "twenty-four:" and substituting the expression "regulations."; (iv) omitting the words "Provided further, that nothing" and substituting the word "Nothing"; (b) omitting paragraph (ii) and substituting the following paragraphs:- "(ii) Where the office of clerk of the Local Authority becomes vacant, the Local Authority shall, within three months after the occurrence of the vacancy, appoint as clerk a person who holds a certificate as clerk prescribed by the regulations and in force at the time of his appointment.

Local Government Act and Another Act Amendment Act 1987, No. 36 463 (iia) Where, upon application by the Local Authority in question, the Minister is satisfied that a Local Authority that wishes to appoint a clerk has been unable to obtain, after reasonable attempts, the services of a suitable person who holds a certificate as clerk prescribed by the regulations, he may give permission to the Local Authority to appoint as clerk a person specified by him notwithstanding that the person does not hold a certificate as clerk prescribed by the regulations, whereupon the Local Authority may appoint the person as clerk. The Minister may permit the person so appointed to be employed as clerk by the Local Authority for an indefinite period of time or for a limited period of time, which may be extended by the Minister from time to time. A person employed as clerk of a Local Authority immediately prior to the commencement of the Local Government Act and Another Act Amendment Act 1987 who does not hold a certificate as clerk prescribed by the regulations shall on and from that commencement be deemed to be appointed as clerk pursuant to permission given by the Minister to the Local Authority to employ him for an indefinite period of time.". 8. Amendment of s. 33 . Section 33 of the Principal Act is amended, in subsection (18E), by inserting after the words "land, or in section 34 (12H)," where they occur in provision (A) of paragraph (i), the words "in accordance with such terms in respect of time for payment as may be agreed upon between the Local Authority and the applicant or, in the absence of any such agreement,". 9. Amendment of s. 34. Section 34 of the Principal Act is amended, in paragraph (aa) of subsection (12H), by omitting from the words following provision (ii), the words "water supply headworks external" and substituting the words "water supply works external". 10. Amendment of s. 34B . Section 34B of the Principal Act is amended, in subsection (2), by omitting the expression "subsection 2 (b) (ii) (B)" where it twice occurs and substituting in each case the expression "provision (B) of paragraph (b) (ii)". 11. Amendment of s. 35. Classification of roads. Section 35 of the Principal Act is amended, in subsection (24AA), by omitting from paragraph (d) the word "local" and substituting the word "Local". 12. Repeal of ss. 49A and 49AA and new s. 49A . The Principal Act is amended by repealing section 49A and section 49AA and substituting the following section:- "49A. Licenses etc. under the LiquorAct 1912 -1985. (1) Subject to this section, a Local Authority, as a function of local government- (a) may become the owner of licensed premises situated within its Area; (b) in relation to the supply of liquor within its Area, may obtain a. license under and subject to the

464 Local Government Act and Another Act Amendment Act 1987, No. 36 provisions of the Liquor Act 1912-1985 or any other right under that Act by whatever means conferred; and (c) in relation to licensed premises of which it is owner or a license or other right under the Liquor Act1912-1985 that it holds, may exercise such powers, (including the power to dispose of any interest therein) and shall perform such duties, as an owner of licensed premises or the holder of a license or other right under the Liquor Act 1912-1985 may exercise and shall perform, in accordance with that Act. (2) A Local Authority shall not make an application to the Licensing Court or the Licensing Commission for the grant or transfer to it of a license without first obtaining the permission of the Governor in Council to do so. Upon the recommendation of the Minister, the Governor in Council, by Order in Council may give permission to a Local Authority for the purposes of this subsection subject to such conditions as he thinks fit, which conditions may include conditions that he requires the Local Authority to comply with before the license is granted or transferred and conditions that he requires the license to be subject to upon being granted or transferred. (3) The Licensing Court or Licensing Commission may refuse to grant or transfer a license to a Local Authority notwithstanding that the Local Authority has obtained the permission of the Governor in Council pursuant to subsection (2) to make the application for a license, and, subject to this section, shall not be limited in the exercise of their powers under the Liquor Act 1912-1985 by the provisions of subsection (2) or an Order in Council made pursuant to subsection (2). (4) The Licensing Court or Licensing Commission shall not grant or transfer a license to a Local Authority unless the Local Authority has first obtained the permission of the Governor in Council pursuant to subsection (2) and has complied with the conditions (if any) that the Governor in Council required the Local Authority to comply with beforehand. (5) A license granted or transferred to a Local Authority pursuant to this section shall be subject to the conditions (if any) imposed in respect thereof by the Governor in Council pursuant to subsection (2) (which conditions shall be deemed to be conditions to which the license is subject pursuant to the Liquor Act 1912-1985) and other conditions imposed pursuant to a power to do so conferred by the Liquor Act 1912-1985 shall have effect only to the extent that they are consistent therewith. Where a license is transferred to a Local Authority by the Licensing Commission subject to conditions imposed by the Governor in Council pursuant to subsection (2), subsection (5)

Local Government Act and Another Act Amendment Act 1987, No. 36 465 of section 29 of the Liquor Act 1912-1985 shall be construed so as not to limit the effect of those conditions. (6) A Local Authority that, immediately before the commencement of the Local Government Act and Another Act Amendment Act 1987, is the owner of licensed premises within its Area, or in relation to the supply of liquor within its Area, holds a license or other right under the Liquor Act 1912-1985 by whatever means conferred, shall on and from that commencement be deemed to have become the owner of the licensed premises or to have obtained the license or other right pursuant to this section. (7) Notwithstanding the provisions of subsection (4) of section 22 of the Liquor Act 1912-1985, a Local Authority may hold more than one license at one and the same time. This section does not authorize a Local Authority to hold a license otherwise than by its nominee in accordance with section 15 of the Liquor Act 1912-1985 and that section shall apply to a Local Authority as it applies to a body corporate. (8) In this section- (a) "application" includes an application or tender lodged in respect of the removal by the Licensing Court under the Liquor Act 1912-1985 of a cancelled, surrendered, forfeited or expired license; "Local Authority" includes Brisbane City Council; (b) the terms "license", "licensed premises", "Licensing Commission", "Licensing Court", "liquor", "owner", have the same meaning as those terms have as defined in section 4 of the Liquor Act 1912-1985; (c) a reference to the grant of a license to a Local Authority includes the vesting therein of a license pursuant to the removal under the Liquor Act1912-1985 by the Licensing Court of a cancelled, surrendered, forfeited or expired license to the licensed premises in respect of which it is thereafter held.". 13. Amendment of s. 52A. Notification of time - sharing scheme to Local Authority. Section 52A of the Principal Act is amended, in subsection (3), by omitting the words "of this subsection". 14. Amendment of Third Schedule. The Third Schedule to the Principal Act is amended by- (a) in rule 5A, omitting the expression "5A" and substituting the expression "5A."; (b) in rule 40, omitting the words "to the provided" and substituting the words "to be provided". 15. Amendment of Fourth Schedule. The Fourth Schedule to the Principal Act is amended by, in clause 1, omitting from paragraph (b) the words "local authority" and substituting the words "Local Authority".

466 Local Government Act and Another Act Amendment Act 1987, No. 36 PART III-AMENDMENT OF THE CITY OF BRISBANE ACT 1924-1986 16. Citation . ( 1) In this Part the City orBrisbane Act 1924-1986 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the City ofBrisbane Act1924-1987. 17. Amendment of s. 25A . Disability of alderman for voting on account of interest in contracts , etc. Section 25A of the Principal Act is amended by omitting subsection ( 1) and substituting the following subsections:- "(1) If an alderman has any pecuniary interest , direct or indirect , in any contract or proposed contract or other matter, and is present at a meeting of the Council at which the contract or proposed contract or other matter is the subject for consideration, he shall at the meeting, as soon as practicable after the commencement thereof, disclose the fact, and shall not take part in the consideration or discussion of, or vote on any question with respect to, the contract or proposed contract or other matter. (1A) For the purposes of this section , the interest that an alderman may have in- (a) the salaries and allowances provided for under section 22 or the benefits to the Mayor and aldermen and their dependants under a superannuation or provident scheme established under section 23; (b) a contract or proposed contract or matter as a ratepayer , elector or inhabitant of the City or as an ordinary user or consumer of any service or thing; or (c) any matter relating to the terms on which the right to participate in any service, including the supply of goods, is offered for general use or consumption, shall not be treated as a pecuniary interest.".