Local Government Amendment Act (No. 3) 1982 (WA)

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WESTERN AUSTRALIA.

LOCAL GOVERNMENT (No. 3).

No. 62 of 1982.

AN ACT to amend the Local Government Act

1960-1982.

[Assented to 28 September 1982.]

RE it enacted by the Queen's Most Excellent

Majesty, by and with the advice and consent

of the Legislative Council and the Legislative

Assembly of Western Australia, in this present

Parliament assembled, and by the authority of the

same, as follows:—

1. (1) This Act may be cited as the Local Short title

and citation.

Government Amendment Act (No. 3) 1982.

(2)

In this Act the Local Government Act 1960-

1982 is referred to as the principal Act.

(3)

The principal Act as amended by this Act

may be cited as the Local Government Act 1960-

No. 62.]

Local Government (No. 3).

[1982.

Commce- en ment. 2. (1) Subject to subsection (2) of this section,

this Act shall come into operation on the day on

which it is assented to by the Governor.

(2) Section 6 of this Act shall come into operation

on a day to be fixed by proclamation.

Section 53

3.

Section 53 of the principal Act is amended by

amended.

deleting "but—" and substituting the following

and shall record on the supplementary roll the deletion of the name of any person coming to his notice who has ceased to be eligible to be registered since the compilation of the most recent previous annual electoral roll, but— " .

Section 75

amended.

4.

Section 75 of the principal Act is amended in

subsection (2) by inserting after paragraph (a) the

following-

" or " .

Section 267

amended.

5.

Section 267 of the principal Act is amended

(a)

in subsection (3) by inserting after "otherwise" the following-

" or a council is authorized by subsection

(5) of this section to do other-

wise " ; and

(b)

by inserting after subsection (4) the following subsections

(5) Notwithstanding subsection (3)

of this section, a council may let land

under this section to

(a) a sporting association; or

1982.]

Local Government (No. 3).

[No. 62.

(b)

a State government depart- ment, instrumentality or agency,

by private treaty.

(6) In subsection (5) of this section the expression "sporting association" has the same meaning as it has in section 446A. " .

6. Section 271 of the principal Act is amended— =1,0dnea71

(a)

in subsection (2) by deleting "a value of less than five hundred dollars" and sub- stituting the following-

" less than the prescribed value

and

(b)

in subsection (3) by deleting "a value of five hundred dollars" and substituting the following-

" the prescribed value " .

Section 527

7. Section 527 of the principal Act is amended

amended.

(a)

by repealing subsection (1) and substitut- ing the following subsection

(1) A loan fund consists of money received on loan in respect of the work or undertaking or other purpose for which the loan was raised, and, where the loan was raised for a work or under- taking, grants or subsidies received from the Treasurer of the State or Com- monwealth towards the cost of the work or undertaking. " ;

(b) in subsection (2)-

(i)

by inserting after "undertaking" the

following-

" or other purpose " ; and

No. 62.]

Local Government (No. 3).

[1982.

(ii) by deleting "other works and" and substituting the following-

" any works or " ; and

(c) in subsection (3)-

(i)  by inserting after "upon" in the second place where it occurs the following-

" any " ; and

(ii)   by deleting "other than those for which the loan was raised".

Section 537

amended.

8. Section 537 of the principal Act is amended

by repealing subsection (6).

Section 538

amended.

9.

Section 538 of the principal Act is amended

by repealing subsection (5).

Section 601

amended.

10.

Section 601 of the principal Act is amended

(a)

by repealing subsection (1) and substitut- ing the following subsection

'C

(1) A council may in accordance with the provisions of this Division borrow money on the credit of the municipality

(a) for works and undertakings;

(b)

to make payments to a State government depart- ment, instrumentality or agency to enable or assist the department, instrumentality or agency to provide, carry out or undertake works under the authority of any Act; and

1982.]

Local Government (No. 3).

[No. 62.

(c)

to liquidate the principal money owing by the muni- cipality on account of previous loans. " ;

and

(b) by inserting after subsection (3) the follow-

ing subsection

CC

(4) A council shall not borrow money to make payments to a depart- ment, instrumentality or agency under subsection (1) (b) of this section unless

(a) the works in respect of which the money is to be paid will, in the opinion of the council, be of benefit to the district or a portion of the district; and

(b)

arrangements have been entered into by the council-

(i)  with the department, instrumentality or agency and the Treas- urer of the State under which the council will be reimbursed by the department, instru- mentality or agency or, in the event of it de- faulting or being dis- solved, by the Treasurer on its behalf; or

(ii)  with the Treasurer of the State under which the council will be re- imbursed by the Treas- urer,

in respect of the interest and repayments or sinking fund instalments on the loan. " .

No. 62.]

Local Government (No. 3).

[1982.

Section 614

amended.

11. Section 614 of the principal Act is amended in subsection (1) by inserting after "shall" in the second place where it occurs the following-

" if necessary " .

Section 669D

amended 12. Section 669D of the principal Act is amended

in subsection (7) by deleting "authorised person"

and substituting the following-

" authorized officer " .

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