Local Government (Administration) Regulations (NT)
NORTHERN TERRITORY OF AUSTRALIA
LOCA GOVERNMENT (ADMINISTRAITON) REGULATIONS
As in force at 8 March 2007
NORTHERN TERRITORY OF AUSTRALIA
This reprint shows the regulations as in force at 8 March 2007. Any amendments that commence after that date are not included.
LOCAL GOVERNMENT (ADMINISTRATION) REGULATIONS
Regulations under the Local Government Act
These regulations may be cited as the
In these regulations:
A council shall keep and maintain registers of:
(a) documents to which the common seal of the council is affixed;
(b) correspondence addressed to or sent by the council;
(c) correspondence addressed to or sent by the presiding member in his or her capacity as such; and
(d) declarations of elections and polls by a returning officer or, as the case may be, CEO.
The records of a council shall:
(a) be kept in good condition at the council office or such other place as the council may determine; and
(b) remain in the custody of the CEO or an officer or employee authorised in writing by the CEO.
(1) A council may, not less than 6 years after the date of the last entry in a record, lodge that record in the Northern Territory Archives.
(2) Other documents of a council, which are not records of the council, may be destroyed or disposed of where:
(a) a resolution to that effect is passed by the council;
(b) not less than 6 years have elapsed since the date of the last entry in, or dealing with, the document; and
(c) the document is no longer required for audit purposes.
6 Offences in relation to records (1) A member or officer or employee of a council shall not show a record of the council to a person (who is not a member or officer or employee of the council) except:
(a) when required for the purpose of conducting the business of the council;
(b) with the permission of the council; or
(c) as provided or required by the Act or any other law in force in the Territory.
(2) A person shall not remove a record of a council from the council office or from any other place where the record is kept except:
(a) when required for the purpose of conducting the business of the council;
(b) with the approval of the council; or
(c) as provided or required by the Act or any other law in force in the Territory.
(3) A person shall not, except in accordance with these Regulations or as provided or required by a law in force in the Territory, destroy, deface or alter a record of a council.
(4) A person who contravenes or fails to comply with this regulation is guilty of an offence.
Penalty: 20 penalty units.
(1) The CEO has custody of the common seal of a council.
(2) When not being used, the common seal shall be kept in a secured condition to prevent unauthorised use.
(3) Where the common seal is affixed to a document the document shall be signed by the presiding member and the CEO.
A permit, licence, registration, authority, approval, consent, notice of any decision, requirement or state of affairs or certificate of a council granted or given by or under a law in force in the Territory shall, unless a contrary intention appears, be in writing and signed by the CEO or a person authorised by the CEO.
For the purposes of the definition of
(a) the raising, keeping or breeding of livestock, including poultry, bees, fish, reptiles and crustaceans; or
(b) the growing of fruit, vegetables or other crops,
is a prescribed business or industry.
For the purposes of section 10 of the Act, a declaration referred to in that section shall be in accordance with Form 1 of the Schedule.
(1) For the purposes of section 21(1)(b) of the Act, a register of interests shall contain, in respect of an interest in a matter declared by a member:
(a) the name of the member;
(b) the date and type of meeting at which the matter was or was to be dealt with;
(c) particulars of the matter; and
(d) the minute number or other meeting reference of the matter.
(2) Entries in a register of interests shall be maintained in chronological order.
For the purposes of section 32(2)(b) of the Act, a declaration referred to in that paragraph shall be in accordance with Form 2 of the Schedule.
(1) A municipal council may close to the public only so much of its meeting as comprises the receipt or discussion of, or a motion or vote relating to, any of the following:
(a) personnel matters concerning particular individuals;
(b) the personal hardship of any resident or ratepayer;
(c) commercial information the disclosure of which would be likely:
(i) to prejudice the commercial position of the person who supplied it;
(ii) to confer a commercial advantage on a competitor of the council; or
(iii) to reveal a trade secret;
(d) proposals for:
(i) the sale or purchase of land;
(ii) a development application, or the development provisions, under the
Planning Act ;(iii) entering into contracts of any kind,
if prior knowledge of those proposals could confer an unfair financial advantage on any person;
(e) information that is subject to legal obligations of confidence;
(f) the receipt and consideration of legal advice concerning litigation;
(g) information the disclosure of which would prejudice the maintenance of the law;
(h) information provided to the council on the condition it is kept confidential;
(j) business for which a public discussion would be likely to prejudice the interests of the council or some other person;
(k) matters affecting the security of the council, its members, officers or employees or property; or
(m) a motion to close the meeting to the public.
(2) The grounds on which a meeting is closed to the public must be specified in the decision to close the meeting.
(1) For the purposes of section 19K(2)(c) of the Act, minutes shall set out:
(a) the particulars, including the wording, of a motion and any amendment to a motion;
(b) the name of the mover and seconder of a motion;
(c) the manner in which a question is dealt with by the chairman;
(d) the date, time and place of a meeting as stated in a notice under section 19 of the Act;
(e) the time when a meeting is declared open and closed;
(f) a record of any adjournment of a meeting; and
(g) the time or times when and the grounds on which a meeting is closed to the public.
(2) For the purpose of section 19K(3) of the Act (for municipal councils) and section 149(1)(g) of the Act (for community government councils) recommendations and reports referred to in the minutes of a council are confidential:
(a) if they deal with matters specified in regulation 13(1) as being matters which may be received or discussed or be moved or voted on by the council at a meeting closed to the public; and
(b) they were received or discussed or moved or voted on by the council at such a meeting.
15 Qualifications of clerk For the purposes of section 142 of the Act, a clerk is qualified if he or she holds a degree, diploma or certificate from a tertiary educational institution or from or granted under the auspices of a statutory body in the Territory or a State or another Territory of the Commonwealth which examines or determines the curricula for a degree, diploma or certificate, relevant to the functions of a clerk, and has not less than 3 years administration or accounting experience with a council or an Agency, department or body involved in local government whether within or without the Territory.
The
FORM 1
regulation 10
NORTHERN TERRITORY OF AUSTRALIA
DECLARATION
I, , having been elected/ appointed to the office of * on the Council, declare that I will conscientiously and to the best of my ability fulfil the duties of the office and of such other office as the council may, from time to time, resolve.
Signature
This declaration was made before me on 19 .
Minister or Minister’s nominee
Commissioner for Oaths
Justice of the Peace
Legal Practitioner
Clerk
*Insert whether mayor, president, chairman (or other title of presiding member) or alderman or member.
FORM 2
regulation 12
NORTHERN TERRITORY OF AUSTRALIA
DECLARATION VERIFYING SIGNATURES ON APPLICATION UNDER SECTION 32(2) OF ACT
I, of , having signed the annexed application, declare that each signature in or on that application is, to the best of my knowledge and belief, the signature of the elector or person who has purportedly signed the application.
Dated 19 .
Signature of declarant
Signature of witness
Address of witness
1 KEY
Key to abbreviations
2 LIST OF LEGISLATION
Notified | 1 July 1994 |
Commenced | 1 July 1994 |
Assent date | 14 December 1999 |
Commenced | 12 April 2000 (s 2, s 2 |
Assent date | 15 March 2004 |
Commenced | 1 June 2004 ( |
Assent date | 14 December 2005 |
Commenced | 14 December 2005 |
Assent date | 8 March 2007 |
Commenced | 8 March 2007 |
3 LIST OF AMENDMENTS
rr 2 – 4 amd Act No. 15, 2004, s 71
rr 6 – 8 amd Act No. 15, 2004, s 71
r 13 amd Act No. 56, 1999, s 3(2); Act No. 44, 2005, s 35
r 14 amd Act No. 15, 2004, s 71; Act No. 4, 2007, s 7
r 16 rep Act No. 15, 2004, s 71
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