Local Government and Other Legislation Amendment Act 2012 (Qld)

Queensland Local Government and Other Legislation Amendment Act 2012 Act No. 33 of 2012

Queensland Local Government and Other Legislation Amendment Act 2012 Contents Part 1 1 2 Part 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Amendment of City of Brisbane Act 2010 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Amendment of s 5 (Relationship with Local Government Act) . . . 13 Amendment of s 11 (Powers of council generally) . . . . . . . . . . . . 13 Amendment of s 12 (Power includes power to conduct joint government activities) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Amendment of s 14 (Responsibilities of councillors) . . . . . . . . . . 14 Amendment of s 25 (Chairperson of the council) . . . . . . . . . . . . . 14 Amendment of s 27 (What this part is about) . . . . . . . . . . . . . . . . 14 Replacement of ss 30 and 31. . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 30 Local law making process . . . . . . . . . . . . . . . . . . . . . 15 31 State interest check . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Amendment of s 32 (Notice of new local law) . . . . . . . . . . . . . . . 16 Amendment of s 34 (Local law register) . . . . . . . . . . . . . . . . . . . . 17 Amendment of s 35 (Consolidated versions of local laws) . . . . . . 17 Omission of s 36 (Regular review of local laws) . . . . . . . . . . . . . . 18 Amendment of s 40 (Development processes) . . . . . . . . . . . . . . 18 Amendment of s 42 (Suspending or revoking particular local laws) 18 Insertion of new s 42B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 42B Owners’ liability for party houses . . . . . . . . . . . . . . . . 19 Replacement of s 44 (Conducting beneficial enterprises) . . . . . . 20 44 Conducting beneficial enterprises . . . . . . . . . . . . . . . 21 Replacement of s 45 (Register of beneficial enterprises) . . . . . . 22

Local Government and Other Legislation Amendment Act 2012 Contents 45 Identifying beneficial enterprises . . . . . . . . . . . . . . . . 22 20 Omission of s 46 (Planning for a beneficial enterprise with the private sector). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 21 Amendment of s 48 (Ways to apply the competitive neutrality principle) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 22 Omission of ch 3, pt 3, divs 3 and 4 . . . . . . . . . . . . . . . . . . . . . . . 23 23 Amendment of s 66 (Control of roads) . . . . . . . . . . . . . . . . . . . . . 23 24 Amendment of s 67 (Notice of intention to acquire land to widen a road) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 25 Amendment of s 69 (Appeal on a claim for compensation) . . . . . 23 26 Amendment of s 72 (Compensation if realignment not carried out) 24 27 Amendment of s 75 (Closing roads). . . . . . . . . . . . . . . . . . . . . . . 24 28 Amendment of s 92 (Materials in infrastructure are council property) 24 29 Amendment of ch 4, pt 3 hdg (Financial sustainability and accountability) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 30 Amendment of s 103 (Systems of financial management) . . . . . . 25 31 Amendment of s 106 (Councillor’s discretionary funds) . . . . . . . . 25 32 Replacement of s 112 (Gathering information) . . . . . . . . . . . . . . 26 112 Gathering information. . . . . . . . . . . . . . . . . . . . . . . . . 26 33 Amendment of s 127 (What this division is about) . . . . . . . . . . . . 26 34 Insertion of new s 127A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 127A Notices for this division. . . . . . . . . . . . . . . . . . . . . . . . 27 35 Amendment of s 128 (Identity card for council workers) . . . . . . . 28 36 Amendment of s 130 (Entry by an owner, with reasonable written notice, under a remedial notice) . . . . . . . . . . . . . . . . . . . . . . . . . . 28 37 Amendment of s 132 (Entry by a council worker, with reasonable written notice, under a remedial notice) . . . . . . . . . . . . . . . . . . . . 29 38 Amendment of s 133 (Entry by a council worker, with reasonable written notice, to take materials). . . . . . . . . . . . . . . . . . . . . . . . . . 30 39 Amendment of s 148 (Obstructing enforcement of this Act or local laws etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 40 Amendment of s 155 (Disqualification because of other high office) 30 41 Insertion of new s 160A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 160A Compulsory leave without pay . . . . . . . . . . . . . . . . . . 31 42 Omission of s 168 (Councillors and full-time government jobs) . . 31 43 Replacement of s 171 (Requests for help or advice) . . . . . . . . . . 31 171 Requests for assistance or information . . . . . . . . . . . 31 44 Amendment of s 173 (Use of information by councillors) . . . . . . . 32 Page 2 2012 Act No. 33

Local Government and Other Legislation Amendment Act 2012 Contents 45 Insertion of new s 173A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 173A Prohibited conduct by councillor in possession of inside information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 46 Amendment of s 174 (Councillor’s material personal interest at a meeting) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 47 Amendment of s 175 (Councillor’s conflict of interest at a meeting) 35 48 Omission of s 176 (Duty to report another councillor’s material personal interest, conflict of interest or misconduct) . . . . . . . . . . 36 49 Replacement of ss 178–180. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 178 What this division is about . . . . . . . . . . . . . . . . . . . . . 37 178A Application to former councillors . . . . . . . . . . . . . . . . 39 179 Preliminary assessments of complaints . . . . . . . . . . . 39 180 Action after preliminary assessments. . . . . . . . . . . . . 40 50 Amendment of s 180A (Preliminary dealings with complaints before hearing) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 51 Amendment of s 182 (Hearing and deciding complaints). . . . . . . 42 52 Amendment of s 183 (Taking disciplinary action—BCC councillor conduct review panel). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 53 Replacement of s 183A (Taking disciplinary action—tribunal) . . . 44 183A Records about complaints . . . . . . . . . . . . . . . . . . . . . 44 54 Omission of ss 184 and 185. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 55 Insertion of new ch 6, pt 2, div 7. . . . . . . . . . . . . . . . . . . . . . . . . . 45 Division 7 Conduct in meetings of the council 186A Conduct in meetings of the council or its committees 45 56 Amendment of s 191 (Appointing an acting chief executive officer) 46 57 Amendment of s 194 (Disciplinary action against council employees) 46 58 Amendment of s 196 (Improper conduct by council employees) . 47 59 Amendment of s 197 (Use of information by council employees). 47 60 Replacement of s 198 (Annual report must detail remuneration) . 48 198 Annual report must detail remuneration . . . . . . . . . . . 48 61 Amendment of s 215 (False or misleading information) . . . . . . . . 48 62 Amendment of s 216 (Administrators who act honestly and without negligence are protected from liability). . . . . . . . . . . . . . . . . . . . . 48 63 Amendment of s 217 (Who is authorised to sign council documents) 49 64 Amendment of s 218 (Name in proceedings by or against council) 49 65 Amendment of s 238 (Delegation of council powers) . . . . . . . . . . 50 66 Amendment of s 239 (Delegation of chief executive officer’s powers) 50 67 Replacement of s 244 (Requirements for particular guidelines) . 50 2012 Act No. 33 Page 3

Local Government and Other Legislation Amendment Act 2012 Contents 68 69 70 71 72 Part 3 73 74 75 76 77 78 79 80 244 Acceptable requests guidelines . . . . . . . . . . . . . . . . . 50 Omission of s 249 (Review of this Act). . . . . . . . . . . . . . . . . . . . . 51 Insertion of new s 250A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 250A Advisory polls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 Amendment of s 252 (Regulation-making power) . . . . . . . . . . . . 51 Insertion of new ch 8, pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 Part 5 Transitional provisions for Local Government and Other Legislation Amendment Act 2012 267 Change in dealing with complaints. . . . . . . . . . . . . . . 51 268 Change in process for making local laws . . . . . . . . . . 52 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 52 Amendment of Local Government Act 2009 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 Amendment of s 5 (Relationship with CityofBrisbaneAct2010) 54 Amendment of s 7 (What this part is about) . . . . . . . . . . . . . . . . . 55 Amendment of s 9 (Powers of local governments generally) . . . . 55 Replacement of s 11 (Who a local government is constituted by) 55 11 Local governments are bodies corporate etc. . . . . . . 55 Amendment of s 12 (Responsibilities of councillors) . . . . . . . . . . 55 Amendment of s 13 (Responsibilities of local government employees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 Insertion of new ch 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 Chapter 2A Joint local governments Part 1 Preliminary 25A What this chapter is about . . . . . . . . . . . . . . . . . . . . . 57 Part 2 Establishment and operation of joint local governments 25B Constitution of joint local governments. . . . . . . . . . . . 57 25C Establishment of joint local governments . . . . . . . . . . 58 25D Joint local governments are bodies corporate etc.. . . 59 25E Powers of joint local governments generally . . . . . . . 59 25F Restriction on power to make or levy rates and charges 60 25G Limitation on powers of a component local government 60 25H Chairperson and deputy chairperson . . . . . . . . . . . . . 60 25I Disbursement from operating fund of joint local government for purposes other than exclusive jurisdiction 61 25J Winding up joint local governments . . . . . . . . . . . . . . 61 Page 4 2012 Act No. 33

Local Government and Other Legislation Amendment Act 2012 Contents 81 Amendment of s 26 (What this part is about) . . . . . . . . . . . . . . . . 61 82 Replacement of ss 29 and 29A . . . . . . . . . . . . . . . . . . . . . . . . . . 62 29 Local law making process . . . . . . . . . . . . . . . . . . . . . 62 29A State interest check . . . . . . . . . . . . . . . . . . . . . . . . . . 63 83 Amendment of s 29B (Notice of new local law) . . . . . . . . . . . . . . 63 84 Amendment of s 31 (Local law register) . . . . . . . . . . . . . . . . . . . . 64 85 Omission of s 33 (Regular review of local laws) . . . . . . . . . . . . . . 64 86 Amendment of s 37 (Development processes) . . . . . . . . . . . . . . 65 87 Renumbering of ch 3, pt 1, div 4 (Miscellaneous) . . . . . . . . . . . . 65 88 Insertion of new ch 3, pt 1, div 4. . . . . . . . . . . . . . . . . . . . . . . . . . 65 Division 4 Action by the Minister about particular local laws 38AB Suspending or revoking particular local laws . . . . . . . 66 89 Insertion of new s 38B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 38B Owners’ liability for party houses . . . . . . . . . . . . . . . . 67 90 Replacement of s 40 (Conducting beneficial enterprises) . . . . . . 68 40 Conducting beneficial enterprises . . . . . . . . . . . . . . . 68 91 Replacement of s 41 (Register of beneficial enterprises) . . . . . . 70 41 Identifying beneficial enterprises . . . . . . . . . . . . . . . . 70 92 Omission of s 42 (Planning for a beneficial enterprise with the private sector). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 93 Amendment of s 44 (Ways to apply the competitive neutrality principle) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 94 Omission of ch 3, pt 2, divs 3 and 4 . . . . . . . . . . . . . . . . . . . . . . . 70 95 Amendment of s 60 (Control of roads) . . . . . . . . . . . . . . . . . . . . . 71 96 Amendment of s 61 (Notice of intention to acquire land to widen a road) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 97 Amendment of s 63 (Appeal on a claim for compensation) . . . . . 71 98 Amendment of s 66 (Compensation if realignment not carried out) 72 99 Amendment of s 69 (Closing roads). . . . . . . . . . . . . . . . . . . . . . . 72 100 Amendment of ch 3, pt 4 hdg (The business of indigenous regional councils) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 101 Replacement of s 81 (What this part is about) . . . . . . . . . . . . . . . 72 81 What this part is about . . . . . . . . . . . . . . . . . . . . . . . . 72 102 Amendment of s 82 (What this division is about) . . . . . . . . . . . . . 73 103 Amendment of s 85 (Community forum input on trust change proposals) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 104 Amendment of s 85A (Trust change decisions if no community forum)73 2012 Act No. 33 Page 5

Local Government and Other Legislation Amendment Act 2012 Contents 105 106 106A 107 107A 108 109 110 111 112 113 114 115 116 117 118 119 120 121 121A 122 123 124 125 126 Page 6 Amendment of ch 4, pt 3 hdg (Financial sustainability and accountability) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 Omission of s 102 (Financial sustainability criteria) . . . . . . . . . . . 74 Omission of s 103 (Financial management systems). . . . . . . . . . 74 Replacement of s 104 (Financial management, planning and accountability documents) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 104 Financial management systems. . . . . . . . . . . . . . . . . 74 Amendment of s 105 (Auditing, including internal auditing) . . . . . 76 Omission of s 106 (Sound contracting principles) . . . . . . . . . . . . 76 Insertion of new s 107A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 107A Approval of budget . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 Amendment of s 109 (Councillor’s discretionary funds) . . . . . . . . 77 Replacement of s 115 (Gathering information) . . . . . . . . . . . . . . 77 115 Gathering information. . . . . . . . . . . . . . . . . . . . . . . . . 77 Amendment of s 121 (Removing unsound decisions) . . . . . . . . . 77 Amendment of s 138 (What this division is about) . . . . . . . . . . . . 78 Insertion of new s 138AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 138AA Notices for this division. . . . . . . . . . . . . . . . . . . . . . . . 78 Amendment of s 138A (Identity card for local government workers) 79 Amendment of s 140 (Entry by an owner, with reasonable written notice, under a remedial notice) . . . . . . . . . . . . . . . . . . . . . . . . . . 80 Amendment of s 142 (Entry by a local government worker, with reasonable written notice, under a remedial notice). . . . . . . . . . . 80 Amendment of s 143 (Entry by a local government worker, with reasonable written notice, to take materials) . . . . . . . . . . . . . . . . 81 Amendment of s 149 (Obstructing enforcement of Local Government Acts etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 Amendment of s 152 (Qualifications of councillors) . . . . . . . . . . . 82 Amendment of s 155 (Disqualification because of other high office) 82 Omission of s 156A (Disqualification about residence) . . . . . . . . 82 Insertion of new s 160B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 160B Compulsory leave without pay . . . . . . . . . . . . . . . . . . 83 Omission of s 168 (Senior councillors and full-time government jobs) 83 Amendment of s 170 (Giving directions to local government staff) 83 Replacement of s 170A (Requests by councillors for advice or information) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 170A Requests for assistance or information . . . . . . . . . . . 83 Insertion of new s 171A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 2012 Act No. 33

Local Government and Other Legislation Amendment Act 2012 Contents 171A Prohibited conduct by councillor in possession of inside information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 127 Amendment of s 172 (Councillor’s material personal interest at a meeting) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 128 Amendment of s 173 (Councillor’s conflict of interest at a meeting) 87 129 Omission of s 174 (Duty to report another councillor’s material personal interest, conflict of interest or misconduct) . . . . . . . . . . 88 130 Amendment of s 176 (What this division is about) . . . . . . . . . . . . 88 131 Insertion of new ss 176A–176C . . . . . . . . . . . . . . . . . . . . . . . . . . 90 176A Application to former councillors . . . . . . . . . . . . . . . . 90 176B Preliminary assessments of complaints . . . . . . . . . . . 91 176C Action after preliminary assessments. . . . . . . . . . . . . 92 132 Replacement of s 177 (Assessing complaints) . . . . . . . . . . . . . . 94 177 Complaints referred to the department’s chief executive 94 133 Amendment of s 177A (Preliminary dealings with complaints before hearing) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 134 Amendment of s 180 (Taking disciplinary action) . . . . . . . . . . . . . 95 135 Replacement of s 181 (Inappropriate conduct) . . . . . . . . . . . . . . 96 181 Inappropriate conduct. . . . . . . . . . . . . . . . . . . . . . . . . 96 136 Insertion of new s 181A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 181A Records about complaints . . . . . . . . . . . . . . . . . . . . . 98 137 Amendment of s 189 (Appointing members of regional conduct review panels) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 138 Amendment of s 196 (Appointing other local government employees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 139 Amendment of s 197 (Disciplinary action against local government employees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 140 Amendment of s 199 (Improper conduct by local government employees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 141 Amendment of s 200 (Use of information by local government employees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 142 Replacement of s 201 (Annual report must detail remuneration) . 101 201 Annual report must detail remuneration . . . . . . . . . . . 101 143 Omission of ch 6, pt 5, div 4 (Equality of employment opportunity) 101 144 Amendment of s 202 (Appointing authorised persons) . . . . . . . . 102 145 Amendment of s 209 (Board’s responsibilities) . . . . . . . . . . . . . . 102 146 Amendment of s 210 (Board of directors) . . . . . . . . . . . . . . . . . . 102 147 Amendment of s 217 (LG super scheme) . . . . . . . . . . . . . . . . . . 103 2012 Act No. 33 Page 7

Local Government and Other Legislation Amendment Act 2012 Contents 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 Page 8 Amendment of s 220C (Exemption from payment of yearly contributions on grounds of financial hardship) . . . . . . . . . . . . . . 103 Amendment of s 227 (Super schemes to be audited by auditor- general) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 Amendment of s 235 (Administrators who act honestly and without negligence are protected from liability). . . . . . . . . . . . . . . . . . . . . 104 Amendment of s 236 (Who is authorised to sign local government documents). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 Insertion of new s 236A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 236A Who is authorised to sign joint local government documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 Amendment of s 237 (Name in proceedings by or against a local government) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 Insertion of new s 237A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 237A Name in proceedings by or against a joint local government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 Amendment of s 239 (Substituted service) . . . . . . . . . . . . . . . . . 106 Amendment of s 240 (Acting for a local government in legal proceedings). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 Amendment of s 245 (Judges and other office holders not disqualified from adjudicating) . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 Amendment of s 246 (Where fines are to be paid to). . . . . . . . . . 107 Amendment of s 248 (Evidence of local laws) . . . . . . . . . . . . . . . 107 Amendment of s 249 (Evidence of proceedings of local government) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 Amendment of s 250 (Evidentiary value of copies) . . . . . . . . . . . 109 Amendment of s 251 (Evidentiary value of certificates) . . . . . . . . 109 Amendment of s 252 (Evidence of directions given to local government) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 Amendment of s 257 (Delegation of local government powers). . 110 Insertion of new s 257A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 257A Delegation of joint local government’s powers . . . . . . 110 Amendment of s 258 (Delegation of mayor’s powers) . . . . . . . . . 111 Amendment of s 259 (Delegation of chief executive officer powers) 111 Insertion of new ch 7, pt 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 Part 5A Provisions about de-amalgamation 260A What this part is about . . . . . . . . . . . . . . . . . . . . . . . . 111 260B Poll about de-amalgamation. . . . . . . . . . . . . . . . . . . . 111 260C Failure to vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112 2012 Act No. 33

169 170 171 172 173 174 175 176 Part 4 177 178 179 180 181 182 Part 5 183 184 Local Government and Other Legislation Amendment Act 2012 Contents 260D Leave to vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 260E Voting if not entitled . . . . . . . . . . . . . . . . . . . . . . . . . . 260F Implementation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 265 (Materials in infrastructure are local government property) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Omission of s 267 (Review of this Act). . . . . . . . . . . . . . . . . . . . . Insertion of new s 268A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 268A Advisory polls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 270 (Regulation-making power) . . . . . . . . . . . . Amendment of s 272 (Local governments, including joint local governments) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 275 (Local government owned corporation) . . . Insertion of new ch 9, pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 4 Transitional provisions for Local GovernmentandOtherLegislationAmendmentAct2012 Division 1 Transitional provisions about change of legal status 295 Effect of change of legal status on existing local governments and joint local governments . . . . . . . . . 296 Contractual rights etc. are unaffected. . . . . . . . . . . . . Division 2 Other transitional provisions 297 Continuation of particular provisions for corporate entities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 298 Change in dealing with complaints. . . . . . . . . . . . . . . 299 Change in process for making local laws . . . . . . . . . . Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Local Government Electoral Act 2011 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 18 (Cut-off day for compiling voters roll) . . . . . . Amendment of s 24 (Date of by-elections) . . . . . . . . . . . . . . . . . . Amendment of s 32 (Announcement of nominations) . . . . . . . . . Amendment of s 34 (Procedure if number of candidates not more than number required). . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 36 (Procedure on death of candidate when poll to be conducted). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of ParliamentofQueenslandAct2001 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 68 (Effect of election on particular candidates) . 112 113 113 114 115 115 115 115 116 116 116 117 118 118 119 120 120 123 123 123 123 124 125 125 125 2012 Act No. 33 Page 9

Local Government and Other Legislation Amendment Act 2012 Contents Part 6 185 186 Part 7 187 188 Part 8 189 190 191 Part 9 192 Schedule Amendment of Public Sector Ethics Act 1994 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . Amendment of Public Service Act 2008 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 24 (What is a government entity) . . . . . . . . . . . Amendment of RighttoInformationAct2009 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 113 (Disciplinary action) . . . . . . . . . . . . . . . . . . Amendment of sch 3 (Exempt information) . . . . . . . . . . . . . . . . . Minor and consequential amendments Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CityofBrisbaneAct2010. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . JudicialReviewAct1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LibrariesAct1988 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LocalGovernmentAct2009 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Public Interest DisclosureAct 2010 . . . . . . . . . . . . . . . . . . . . . . . TransportInfrastructureAct1994 . . . . . . . . . . . . . . . . . . . . . . . . . 126 126 126 126 127 127 127 128 129 129 129 129 129 130 131 Page 10 2012 Act No. 33

Queensland Local Government and Other Legislation Amendment Act 2012 Act No. 33 of 2012 An Act to amend the City of Brisbane Act 2010, the Judicial Review Act1991, the Libraries Act 1988, the Local Government Act 2009, the LocalGovernment Electoral Act 2011, the Parliament of Queensland Act 2001, the Public Interest Disclosure Act 2010, the Public Sector Ethics Act 1994, the Public Service Act 2008, the Right to Information Act 2009 and the TransportInfrastructure Act 1994 for particular purposes [Assented to 22 November 2012]

Local Government and Other Legislation Amendment Act 2012 Part 1 Preliminary [s 1] The Parliament of Queensland enacts— Part 1 Preliminary 1 Short title This Act may be cited as the Local Government and Other Legislation Amendment Act 2012 . 2 Commencement The following provisions commence on a day to be fixed by proclamation— • sections 19, 57(3), 60, 65(2) and (3), 70, 77, 91, 106 to 108, 139(3), 142, 150, 151 and 172(1) and (3) • section 175, to the extent it inserts new section 297 • parts 6 and 7 • schedule, amendments of the Judicial Review Act 1991 and the Public Interest Disclosure Act 2010 . Part 2 Amendment of City of Brisbane Act 2010 3 Act amended This part amends the City of Brisbane Act 2010 . Note — See also the amendments in the schedule. Page 12 2012 Act No. 33

Local Government and Other Legislation Amendment Act 2012 Part 2 Amendment of City of Brisbane Act 2010 [s 4] 4 Amendment of s 5 (Relationship with Local Government Act) Section 5(2)— omit, insert— ‘(2) Generally, the Local Government Act does not apply to the Brisbane City Council or its councillors, employees, agents or contractors. ‘(3) However, particular provisions of the Local Government Act apply, or may apply, to the Brisbane City Council as a local government. Examples — 1 The Local Government Act, chapter 7, part 2 applies to the council as a local government for the purpose of superannuation for certain persons who are connected to the council. 2 The Local Government Act, chapter 2A would apply to the council if the council were a component local government for a joint local government.’. 5 Amendment of s 11 (Powers of council generally) Section 11— insert— ‘(6) Subsections (7) and (8) apply if the council is a component local government for a joint local government. ‘(7) Despite subsection (1), the council may not, within the joint local government’s area, exercise a power for which the joint local government has jurisdiction. ‘(8) However, the council may exercise the power as a delegate of the joint local government.’. 6 Amendment of s 12 (Power includes power to conduct joint government activities) Section 12(3)— insert— 2012 Act No. 33 Page 13

Local Government and Other Legislation Amendment Act 2012 Part 2 Amendment of City of Brisbane Act 2010 [s 7] ‘(c) being a component local government for a joint local government. Note — For the establishment of joint local governments, see the Local Government Act, chapter 2A.’. 7 Amendment of s 14 (Responsibilities of councillors) Section 14(3)(e)— omit. 8 Amendment of s 25 (Chairperson of the council) (1) Section 25(2), note, ‘185’— omit, insert— ‘186A’. (2) Section 25(4)— omit. 9 Amendment of s 27 (What this part is about) (1) Section 27(3)(c), ‘is an adopted’— omit, insert— ‘incorporates a’. (2) Section 27(7), ‘adoption by all local governments.’— omit, insert— ‘incorporation by all local governments into their local laws.’. 10 Replacement of ss 30 and 31 Sections 30 and 31— omit, insert— Page 14 2012 Act No. 33

Local Government and Other Legislation Amendment Act 2012 Part 2 Amendment of City of Brisbane Act 2010 [s 10] ‘30 Local law making process ‘(1) The council may decide its own process for making a local law to the extent that the process is not inconsistent with this part. ‘(2) The council makes a local law by passing a resolution to make the local law. ‘(3) If the council proposes to make a local law about a matter (the new local law ) and there is an existing local law about the same matter that would be inconsistent with the new local law, the council must amend or repeal the existing local law so that there is no inconsistency. Note — The new local law may include the amendment or repeal of the inconsistent law in the same instrument. ‘(4) An interim local law must include a provision stating when the law expires. ‘(5) The council must ensure its local laws are drafted in compliance with the guidelines issued by the Parliamentary Counsel under the Legislative Standards Act 1992 , section 9 for local laws and subordinate local laws. ‘(6) To remove any doubt, it is declared that the council does not have to carry out any public consultation before making either of the following— (a) an interim local law; (b) a local law that only incorporates a model local law and does not contain an anti-competitive provision. ‘31 State interest check ‘(1) This section applies if the council proposes to make a local law other than the following— (a) a local law that incorporates a model local law; (b) a subordinate local law. 2012 Act No. 33 Page 15

Local Government and Other Legislation Amendment Act 2012 Part 2 Amendment of City of Brisbane Act 2010 [s 11] ‘(2) However, this section also applies to a local law that incorporates a model local law if the local law includes more than— (a) the model local law; or (b) any amendment or repeal of an existing local law that would be inconsistent with the model local law. ‘(3) The council must consult with relevant government entities about the overall State interest in the proposed local law before making the local law.’. 11 Amendment of s 32 (Notice of new local law) (1) Section 32, heading— omit, insert— ‘32 Publication of local laws’. (2) Section 32(1)(a) to (c)— omit, insert— ‘(a) in the gazette; and (b) on the council’s website.’. (3) Section 32— insert— ‘(2A) The notice in the gazette must state— (a) that the notice is made by the council; and (b) the date when the council made the resolution to make the local law; and (c) the name of the local law; and (d) the name of any existing local law that was amended or repealed by the new local law.’. (4) Section 32(3), ‘notice must’— omit, insert— ‘notice on the council’s website must’. Page 16 2012 Act No. 33

Local Government and Other Legislation Amendment Act 2012 Part 2 Amendment of City of Brisbane Act 2010 [s 12] (5) Section 32(3)(e), ‘is an adopted’— omit, insert— ‘incorporates a’. (6) Section 32(3)(j)(ii)— omit , insert — ‘(ii) viewed by the public on the department’s website.’. (7) Section 32(6), ‘7 days’— omit , insert — ‘14 days’. (8) Section 32(6)(b), after ‘law’— insert — ‘in electronic form’. (9) Section 32(2A) to (6)— renumber as section 32(3) to (7). 12 Amendment of s 34 (Local law register) Section 34— insert— ‘(3) The department’s chief executive must keep a database of the council’s local laws and ensure a copy of the database may be viewed by the public on the department’s website.’. 13 Amendment of s 35 (Consolidated versions of local laws) (1) Section 35(1), ‘may’— omit, insert— ‘must’. (2) Section 35(4), from ‘a copy’— omit, insert— 2012 Act No. 33 Page 17

Local Government and Other Legislation Amendment Act 2012 Part 2 Amendment of City of Brisbane Act 2010 [s 14] ‘the Minister a copy of the consolidated version of the local law in electronic form.’. 14 Omission of s 36 (Regular review of local laws) Section 36— omit. 15 Amendment of s 40 (Development processes) Section 40(3) to (5)— omit, insert— ‘(3) However, if a local law already contains a provision that establishes an alternative development process, the council may amend or repeal the provision at any time. ‘(4) A local law has no effect to the extent that it is contrary to this section. ‘(5) This section does not apply to a local law about any of the following matters unless the matter is covered by the council’s planning scheme, the PlanningAct or another instrument made under that Act— (a) advertising devices; (b) gates and grids; (c) levees; (d) roadside dining.’. 16 Amendment of s 42 (Suspending or revoking particular local laws) (1) Section 42(1)— omit, insert— ‘(1) This section applies if the Minister reasonably believes a local law— (a) is contrary to any other law; or Page 18 2012 Act No. 33

Local Government and Other Legislation Amendment Act 2012 Part 2 Amendment of City of Brisbane Act 2010 [s 17] (b) is inconsistent with the local government principles; or (c) does not satisfactorily deal with the overall State interest.’. (2) Section 42(3)— omit, insert— ‘(3) The gazette notice must state— (a) how the local law is contrary to another law, is inconsistent with the local government principles or does not satisfactorily deal with the overall State interest; and (b) if the local law has been suspended—how the local law may be amended so that it— (i) is no longer contrary to the other law; or (ii) is no longer inconsistent with the local government principles; or (iii) satisfactorily deals with the overall State interest.’. 17 Insertion of new s 42B Chapter 3, part 2, division 5— insert— ‘42B Owners’ liability for party houses ‘(1) The council may make a local law that makes the owner of a residential property liable to a penalty because of excessive noise regularly emitted from the property. ‘(2) The owner of a residential property includes a tenant if the tenant has a right of exclusive occupation of the property under a lease. ‘(3) A residential property is a property of a type that would ordinarily be used, or is intended to be used, as a place of residence or mainly as a place of residence. ‘(4) To remove any doubt, it is declared that— 2012 Act No. 33 Page 19

Local Government and Other Legislation Amendment Act 2012 Part 2 Amendment of City of Brisbane Act 2010 [s 18] (a) the local law may fix the number of times that excessive noise must be emitted from a property before the owner becomes liable to the penalty; and (b) a property is not precluded from being a residential property merely because the property is rented on a short-term basis. ‘(5) In a proceeding about a contravention of the local law— (a) a noise abatement direction given to a person at a property is evidence of excessive noise being emitted from the property; and (b) a copy of information recorded in the register of enforcement acts under the PolicePowersandResponsibilitiesAct2000 about the giving of a noise abatement direction is evidence of the matters stated in it. ‘(6) A noise abatement direction is a direction given to a person by a police officer under the PolicePowersandResponsibilities Act 2000, section 581(3). ‘(7) Despite subsection (5), a defendant may, with the leave of the court, require the prosecution to call any person involved in the giving of the noise abatement direction to give evidence at the hearing. ‘(8) The court may give leave only if the court is satisfied that— (a) an irregularity may exist in relation to the information or the giving of the noise abatement direction; or (b) it is in the interests of justice that the person be called to give evidence. ‘(9) The chief executive officer may ask the police commissioner to give the chief executive officer information about noise abatement directions given to persons in Brisbane. ‘(10) The police commissioner must comply with the request.’. 18 Replacement of s 44 (Conducting beneficial enterprises) Section 44— Page 20 2012 Act No. 33

Local Government and Other Legislation Amendment Act 2012 Part 2 Amendment of City of Brisbane Act 2010 [s 18] omit, insert— ‘44 Conducting beneficial enterprises ‘(1) The council may conduct a beneficial enterprise. ‘(2) To conduct the beneficial enterprise, the council— (a) may participate with an association; but (b) must not, either directly or by participating with an association, participate with an unlimited corporation. Note — Under the StatutoryBodiesFinancialArrangementsAct1982 , the council may need the Treasurer’s approval before entering into particular financial arrangements. ‘(3) An association is— (a) a partnership; or (b) a corporation limited by shares but not listed on a stock exchange; or (c) a corporation limited by guarantee but not listed on a stock exchange; or (d) another association of persons that is not a corporation. ‘(4) An unlimited corporation means a corporation whose members have no limit placed on their liability. ‘(5) The council participates with an association or unlimited corporation if the council— (a) forms, or takes part in forming, an association or unlimited corporation; or (b) becomes a member of an association or unlimited corporation; or (c) takes part in the management of an association or unlimited corporation; or (d) acquires or disposes of shares, debentures or securities of an association or unlimited corporation.’. 2012 Act No. 33 Page 21

Local Government and Other Legislation Amendment Act 2012 Part 2 Amendment of City of Brisbane Act 2010 [s 19] 19 Replacement of s 45 (Register of beneficial enterprises) Section 45— omit, insert — ‘45 Identifying beneficial enterprises ‘The council’s annual report for each financial year must contain a list of all the beneficial enterprises that the council conducted during the financial year.’. 20 Omission of s 46 (Planning for a beneficial enterprise with the private sector) Section 46— omit. 21 Amendment of s 48 (Ways to apply the competitive neutrality principle) (1) Section 48(1)(b) and (c)— omit, insert— ‘(b) full cost pricing of a significant business activity.’. (2) Section 48(3)— omit. (3) Section 48(4), ‘or new corporate entity’— omit. (4) Section 48(5)(a), ‘corporatisation,’— omit. (5) Section 48(4) and (5)— renumber as section 48(3) and (4). Page 22 2012 Act No. 33

Local Government and Other Legislation Amendment Act 2012 Part 2 Amendment of City of Brisbane Act 2010 [s 22] 22 Omission of ch 3, pt 3, divs 3 and 4 Chapter 3, part 3, divisions 3 and 4— omit. 23 Amendment of s 66 (Control of roads) Section 66— insert— ‘(3) Nothing in subsection (1) makes the council liable for the construction, maintenance or improvement of a private road. ‘(4) A private road is a road over land that is owned by a person who may lawfully exclude other persons from using the road.’. 24 Amendment of s 67 (Notice of intention to acquire land to widen a road) Section 67(3), ‘to the court’— omit, insert— ‘to the council’. 25 Amendment of s 69 (Appeal on a claim for compensation) (1) Section 69(1) and (3), ‘Planning and Environment Court’— omit, insert— ‘Land Court’. (2) Section 69(3)— renumber as section 69(4). (3) Section 69— insert— ‘(3) However, the Land Court may extend the period mentioned in subsection (2) if satisfied in all the circumstances that it is reasonable to do so.’. 2012 Act No. 33 Page 23

Local Government and Other Legislation Amendment Act 2012 Part 2 Amendment of City of Brisbane Act 2010 [s 26] 26 Amendment of s 72 (Compensation if realignment not carried out) Section 72(1)(b), ‘the council has made structural improvements’— omit, insert— ‘structural improvements have been made’. 27 Amendment of s 75 (Closing roads) (1) Section 75(1), ‘traffic or particular traffic, if’— omit, insert— ‘all traffic, or traffic of a particular class, if’. (2) Section 75(2), ‘traffic—’— omit, insert— ‘all traffic, or traffic of a particular class—’. 28 Amendment of s 92 (Materials in infrastructure are council property) (1) Section 92(2)— renumber as section 92(3). (2) Section 92— insert— ‘(2) If the council, in exercising a power of the council, constructs a structure or carries out any works on someone else’s land, the materials in the structure or works are the property of the council.’. (3) Section 92— insert— ‘(4) For subsection (1), it is irrelevant whether the thing mentioned in the subsection is on, over or under land that is owned by an entity other than the council.’. Page 24 2012 Act No. 33

Local Government and Other Legislation Amendment Act 2012 Part 2 Amendment of City of Brisbane Act 2010 [s 29] 29 Amendment of ch 4, pt 3 hdg (Financial sustainability and accountability) Chapter 4, part 3, heading, ‘sustainability’— omit, insert— ‘ planning ’. 30 Amendment of s 103 (Systems of financial management) (1) Section 103(1)(a)(i) to (iii)— omit, insert — (i) the supply of goods or services; or (ii) the disposal of assets; and’. (2) Section 103(1)(b)(iv) and (vi)— omit. (3) Section 103(1)(b)(viii), from ‘function, in’— omit , insert — ‘function.’. (4) Section 103(1)(b)(v) to (viii)— renumber as section 103(1)(b)(iv) to (vi). (5) Section 103— insert — ‘(4) A contract for the supply of goods or services includes a contract about carrying out work. ‘(5) To remove any doubt, it is declared that subsection (1)(a) does not require equal consideration to be given to each of the sound contracting principles.’. 31 Amendment of s 106 (Councillor’s discretionary funds) Section 106(2)— omit, insert— 2012 Act No. 33 Page 25

Local Government and Other Legislation Amendment Act 2012 Part 2 Amendment of City of Brisbane Act 2010 [s 32] ‘(2) Discretionary funds are funds in the council’s operating fund that are— (a) budgeted for community purposes; and (b) allocated by a councillor at the councillor’s discretion.’. 32 Replacement of s 112 (Gathering information) Section 112— omit, insert— ‘112 Gathering information ‘To monitor and evaluate the council’s or a councillor’s performance and compliance, the department’s chief executive may— (a) examine the information contained in the council’s records and operations; or (b) otherwise carry out an investigation of the council’s or councillor’s performance and compliance.’. 33 Amendment of s 127 (What this division is about) (1) Section 127(2) and (4)— omit. (2) Section 127(3)(e), ‘reasonable written notice’— omit, insert— ‘a reasonable entry notice’. (3) Section 127(6)— insert— ‘Note — Not every employee or agent of the council would ordinarily be authorised to act under this division.’. (4) Section 127(3) to (8)— renumber as section 127(2) to (6). Page 26 2012 Act No. 33

Local Government and Other Legislation Amendment Act 2012 Part 2 Amendment of City of Brisbane Act 2010 [s 34] 34 Insertion of new s 127A After section 127— insert— ‘127A Notices for this division ‘(1) A remedial notice is a written notice that requires the owner or occupier of a property to take action under a local government related law in relation to the property (including fencing a pool, for example). ‘(2) A remedial notice may only be given by the council to the person who, under a local government related law, is required to take the action stated in the notice. ‘(3) A reasonable entry notice is a written notice about a proposed entry of a property that— (a) informs the owner or occupier of the property of— (i) who is to enter the property; and (ii) the reason for entering the property; and (iii) the days and times when the property is to be entered; and (b) is given to the owner or occupier of the property at least 7 days before the property is proposed to be entered. ‘(4) A remedial notice and a reasonable entry notice may not be combined unless— (a) the owner of the property is also the occupier of the property; or (b) the occupier of the property is the person who, under a local government related law, is required to take the action stated in the remedial notice. ‘(5) A notice given under this division in contravention of this section is of no effect.’. 2012 Act No. 33 Page 27

Local Government and Other Legislation Amendment Act 2012 Part 2 Amendment of City of Brisbane Act 2010 [s 35] 35 Amendment of s 128 (Identity card for council workers) (1) Section 128, heading, ‘council workers’— omit, insert— ‘ use under this division ’. (2) Section 128(1)— omit, insert— ‘(1) The council is not required to give a council worker an identity card unless the worker is exercising a power of entry under this division.’. 36 Amendment of s 130 (Entry by an owner, with reasonable written notice, under a remedial notice) (1) Section 130, heading, ‘reasonable written notice’— omit, insert— ‘ reasonable entry notice ’. (2) Section 130(2)— omit, insert— ‘(2) After the owner gives a reasonable entry notice to the occupier of the property, the owner or the owner’s agent may— (a) enter the property at the times stated in the reasonable entry notice; and (b) take the action that is required under the remedial notice.’. (3) Section 130(4)— omit . (4) Section 130(5)— renumber as section 130(4). Page 28 2012 Act No. 33

Local Government and Other Legislation Amendment Act 2012 Part 2 Amendment of City of Brisbane Act 2010 [s 37] 37 Amendment of s 132 (Entry by a council worker, with reasonable written notice, under a remedial notice) (1) Section 132, heading, ‘reasonable written notice’— omit, insert— ‘ reasonable entry notice ’. (2) Section 132(1)(a) and (b)— omit, insert— ‘(a) the council gives a remedial notice to the owner or the occupier of a property (the responsible person ); and (b) the responsible person fails to take the action required under the remedial notice.’. (3) Section 132(2), ‘reasonable written notice to the owner and’— omit, insert— ‘a reasonable entry notice to’. (4) Section 132(5) to (8)— omit, insert— ‘(5) Interest is payable on the debt at the same rate that interest is payable on overdue rates levied by the council. ‘(6) The council must give the person who failed to take the action written notice of the amount of the debt. ‘(7) Subsection (8) applies if the person who failed to take the action is the owner of the property. ‘(8) If the debt is not paid within 30 days after the date of the written notice, the council may recover the debt as if the debt were overdue rates.’. 2012 Act No. 33 Page 29

Local Government and Other Legislation Amendment Act 2012 Part 2 Amendment of City of Brisbane Act 2010 [s 38] 38 Amendment of s 133 (Entry by a council worker, with reasonable written notice, to take materials) (1) Section 133, heading, ‘reasonable written notice’— omit, insert— ‘ reasonable entry notice ’. (2) Section 133(4), ‘reasonable written notice’— omit, insert— ‘a reasonable entry notice’. 39 Amendment of s 148 (Obstructing enforcement of this Act or local laws etc.) (1) Section 148(2)(e) and (f)— omit, insert— ‘(e) the mayor; (f) the chief executive officer; (g) an authorised person.’. (2) Section 148(3)— insert— ‘Notes — 1 Council workers are only those employees and agents of the council who are authorised to act under chapter 5, part 2, division 2. 2 In particular circumstances a council worker may enter a property and carry out work or obtain materials in compliance with chapter 5, part 2, division 2.’. 40 Amendment of s 155 (Disqualification because of other high office) Section 155(3)— omit, insert— ‘(3) A person automatically stops being a councillor when the person becomes a government member.’. Page 30 2012 Act No. 33

Local Government and Other Legislation Amendment Act 2012 Part 2 Amendment of City of Brisbane Act 2010 [s 41] 41 Insertion of new s 160A Chapter 6, part 2, division 2— insert— ‘160A Compulsory leave without pay ‘A councillor must take leave without pay for the duration of the period for which the councillor is a candidate, within the meaning of the Electoral Act 1992 , for election as a member of the Legislative Assembly.’. 42 Omission of s 168 (Councillors and full-time government jobs) Section 168— omit. 43 Replacement of s 171 (Requests for help or advice) Section 171— omit, insert— ‘171 Requests for assistance or information ‘(1) A councillor may ask a council employee to provide advice to assist the councillor to carry out his or her responsibilities under this Act. ‘(2) A councillor may, subject to any limits prescribed under a regulation, ask the chief executive officer to provide information that the council has access to. Example of a limit prescribed under a regulation — A regulation may prescribe the maximum cost to the council of providing information to a councillor. ‘(3) Subsection (2) does not apply to information— (a) that is a record of the BCC councillor conduct review panel; or (b) if disclosure of the information to the councillor would be contrary to an order of a court or tribunal; or 2012 Act No. 33 Page 31

Local Government and Other Legislation Amendment Act 2012 Part 2 Amendment of City of Brisbane Act 2010 [s 44] (c) that would be privileged from production in a legal proceeding on the ground of legal professional privilege. ‘(4) A request of a councillor under subsection (1) or (2) is of no effect if the request— (a) relates to any ward other than the ward the councillor represents; and (b) does not comply with the acceptable requests guidelines. ‘(5) Subsection (4) does not apply to— (a) the mayor; or (b) the chairperson of the council if the request relates to the role of the chairperson; or (c) the chairperson of a committee of the council if the request relates to the role of the chairperson. ‘(6) In this section a council employee includes a person prescribed under a regulation. ‘(7) The chief executive officer must make all reasonable endeavours to comply with a request under subsection (2). Maximum penalty for subsection (7)—10 penalty units.’. 44 Amendment of s 173 (Use of information by councillors) Section 173— insert— ‘(3) A councillor must not release information that the councillor knows, or ought reasonably to know, is information that is confidential to the council. Note — A contravention of this subsection is misconduct that may be dealt with by the BCC councillor conduct review panel.’. Page 32 2012 Act No. 33

Local Government and Other Legislation Amendment Act 2012 Part 2 Amendment of City of Brisbane Act 2010 [s 45] 45 Insertion of new s 173A After section 173— insert— ‘173A Prohibited conduct by councillor in possession of inside information ‘(1) This section applies to a person (the insider ) who is, or has been, a councillor if the insider— (a) acquired inside information as a councillor; and (b) knows, or ought reasonably to know, that the inside information is not generally available to the public. ‘(2) The insider must not cause the purchase or sale of an asset if knowledge of the inside information would be likely to influence a reasonable person in deciding whether or not to buy or sell the asset. Maximum penalty—1000 penalty units or 2 years imprisonment. ‘(3) The insider must not cause the inside information to be provided to another person the insider knows, or ought reasonably to know, may use the information in deciding whether or not to buy or sell an asset. Maximum penalty—1000 penalty units or 2 years imprisonment. ‘(4) In this section— cause , in relation to an action, includes the following— (a) carry out the action; (b) instigate the action; (c) direct, or otherwise influence, another person to carry out or instigate the action. corporate entity means a corporation that is owned by the council. inside information , in relation to the council, means information about any of the following— 2012 Act No. 33 Page 33

Local Government and Other Legislation Amendment Act 2012 Part 2 Amendment of City of Brisbane Act 2010 [s 46] (a) the operations or finances of the council (including any business activity of the council) or any of its corporate entities; (b) a proposed policy of the council (including proposed changes to an existing policy); (c) a contract entered into, or proposed to be entered into, by the council or any of its corporate entities; (d) a tender process being conducted by or for the council or any of its corporate entities; (e) a decision, or proposed decision, of the council or any of its committees; (f) the exercise of a power, under a local government related law, by the council, a councillor or a council employee; (g) the exercise of a power, under an Act, by the State, a Minister, a statutory body or an employee of the State or statutory body, that affects the council, any of its corporate entities or land or infrastructure within Brisbane; (h) any legal or financial advice created for the council, any of its committees or any of its corporate entities.’. 46 Amendment of s 174 (Councillor’s material personal interest at a meeting) (1) Section 174— insert— ‘(2A) However, a councillor does not have a material personal interest in the matter if the councillor has no greater personal interest in the matter than that of other persons in Brisbane. ‘(2B) Subsection (2)(c) only applies to a councillor if the councillor knows, or ought reasonably to know, that their parent, child or sibling stands to gain a benefit or suffer a loss.’. (2) Section 174(4), ‘subsection (3)’— Page 34 2012 Act No. 33

Local Government and Other Legislation Amendment Act 2012 Part 2 Amendment of City of Brisbane Act 2010 [s 47] omit, insert— ‘subsection (5)’. (3) Section 174(4) and (7), ‘subsection (5)’— omit, insert— ‘subsection (7)’. (4) Section 174(2A) to (7)— renumber as section 174(3) to (9). 47 Amendment of s 175 (Councillor’s conflict of interest at a meeting) (1) Section 175(1)— omit, insert— ‘(1) This section applies if— (a) a matter is to be discussed at a meeting of the council or any of its committees; and (b) the matter is not an ordinary business matter; and (c) a councillor at the meeting— (i) has a conflict of interest in the matter (the real conflict of interest ); or (ii) could reasonably be taken to have a conflict of interest in the matter (the perceived conflict of interest ).’. (2) Section 175— insert— ‘(2A) However, a councillor does not have a conflict of interest in a matter— (a) merely because of— (i) an engagement with a community group, sporting club or similar organisation undertaken by the councillor in his or her capacity as a councillor; or 2012 Act No. 33 Page 35

Local Government and Other Legislation Amendment Act 2012 Part 2 Amendment of City of Brisbane Act 2010 [s 48] (ii) membership of a political party; or (iii) membership of a community group, sporting club or similar organisation if the councillor is not an office holder for the group, club or organisation; or (iv) the councillor’s religious beliefs; or (v) the councillor having been a student of a particular school or the councillor’s involvement with a school as parent of a student at the school; or (b) if the councillor has no greater personal interest in the matter than that of other persons in Brisbane.’. (3) Section 175(4) to (6), ‘subsection (3)’— omit, insert— ‘subsection (4)’. (4) Section 175(5), ‘Subsection (6)’— omit, insert— ‘Subsection (7)’. (5) Section 175(2A) to (9)— renumber as section 175(3) to (10). 48 Omission of s 176 (Duty to report another councillor’s material personal interest, conflict of interest or misconduct) Section 176— omit. 49 Replacement of ss 178–180 Sections 178 to 180— omit, insert — Page 36 2012 Act No. 33

Local Government and Other Legislation Amendment Act 2012 Part 2 Amendment of City of Brisbane Act 2010 [s 49] ‘178 What this division is about ‘(1) This division is about dealing with complaints about the conduct and performance of councillors, to ensure— (a) appropriate standards of conduct and performance are maintained; and (b) a councillor who engages in inappropriate conduct or misconduct is appropriately disciplined. ‘(2) However, this division does not apply to the conduct of councillors at a meeting of the council or its committees, other than a failure of a councillor to comply with a direction to leave a meeting of the council or its committees made by the chairperson of the meeting. Note — The rules of procedure deal with the conduct of participants at meetings of the council or its committees. ‘(3) Misconduct is conduct, or a conspiracy or attempt to engage in conduct, of or by a councillor— (a) that adversely affects, or could adversely affect, (either directly or indirectly) the honest and impartial performance of the councillor’s responsibilities or exercise of the councillor’s powers; or (b) that is or involves— (i) the performance of the councillor’s responsibilities, or the exercise of the councillor’s powers, in a way that is not honest or is not impartial; or (ii) a breach of the trust placed in the councillor; or (iii) a misuse of information or material acquired in or in connection with the performance of the councillor’s responsibilities, whether the misuse is for the benefit of the councillor or someone else; or (iv) a refusal by the councillor to comply with a direction or order of the BCC councillor conduct review panel about the councillor; or 2012 Act No. 33 Page 37

Local Government and Other Legislation Amendment Act 2012 Part 2 Amendment of City of Brisbane Act 2010 [s 49] (v) a failure of the councillor to comply with a direction to leave a meeting of the council or its committees made by the chairperson of the meeting; or (c) that contravenes section 173(3) or 175(4). ‘(4) Inappropriate conduct is conduct of or by a councillor that is not appropriate conduct for a representative of the council, but is not misconduct. ‘(5) It is irrelevant whether the conduct that constitutes misconduct or inappropriate conduct was engaged in— (a) within Queensland or elsewhere; or (b) when the councillor was not exercising the responsibilities of a councillor. ‘(6) The BCC councillor conduct review panel is a body, created under this Act, that is responsible for hearing and deciding a complaint of misconduct or inappropriate conduct by a councillor. ‘(7) To remove any doubt, it is declared that a councillor may be dealt with for an act or omission that constitutes misconduct under this Act, and also be dealt with for the same act or omission— (a) as the commission of an offence; or (b) under the Crime and Misconduct Act. ‘(8) A decision under this division by any of the following persons is not subject to appeal— (a) the BCC councillor conduct review panel; (b) the department’s chief executive; (c) the chief executive officer. Note — See section 226 for more information. Page 38 2012 Act No. 33

Local Government and Other Legislation Amendment Act 2012 Part 2 Amendment of City of Brisbane Act 2010 [s 49] ‘178A Application to former councillors ‘(1) This division applies to a complaint about the conduct of a person who is no longer a councillor if— (a) the person was a councillor when the relevant conduct is alleged to have happened; and (b) the complaint is made within 2 years after the person stopped being a councillor. ‘(2) However, an entity dealing with the complaint under this division may decide to take no further action in relation to the complaint, despite any contrary requirement of this division, if the entity considers the decision is in the public interest. ‘(3) An entity that makes a decision under subsection (2) must give the entity that made the complaint, and the accused person, a written notice that states— (a) no further action will be taken in relation to the complaint; and (b) the reasons for the decision. ‘(4) For applying this division to a complaint about a person who is no longer a councillor, a reference to a councillor is taken to be a reference to the person. ‘179 Preliminary assessments of complaints ‘(1) This section applies if the council, or the department’s chief executive, makes or receives a complaint about the conduct or performance of a councillor. ‘(2) The council, or the department’s chief executive, must give written notice of the complaint to the chief executive officer. ‘(3) However, if the complaint was made by the chief executive officer, written notice of the complaint must be given to the department’s chief executive. ‘(4) After receiving notice of the complaint under subsection (2), the chief executive officer must conduct a preliminary assessment of the complaint. 2012 Act No. 33 Page 39

Local Government and Other Legislation Amendment Act 2012 Part 2 Amendment of City of Brisbane Act 2010 [s 49] ‘(5) After receiving notice of the complaint under subsection (3), the department’s chief executive must conduct a preliminary assessment of the complaint. ‘(6) A preliminary assessment is an assessment of a complaint about the conduct or performance of a councillor to decide whether the complaint— (a) is about a frivolous matter or was made vexatiously; or (b) is about inappropriate conduct, misconduct, official misconduct or another matter (including a general complaint against the council, for example); or (c) is lacking in substance. ‘(7) This section does not apply to a complaint about official misconduct referred to the department’s chief executive by the Crime and Misconduct Commission established under the Crime and Misconduct Act. ‘(8) A complaint about the conduct of councillors at a meeting of the council or its committees is of no effect. ‘180 Action after preliminary assessments ‘(1) This section applies if the chief executive officer or the department’s chief executive (each a complaints assessor ) conducts a preliminary assessment of a complaint about the conduct or performance of a councillor. ‘(2) The complaints assessor may decide no further action need be taken in relation to the complaint if the preliminary assessment is— (a) that the complaint is about a frivolous matter or was made vexatiously; or (b) that the complaint is lacking in substance. ‘(3) If the preliminary assessment is that the complaint is about misconduct or inappropriate conduct, the complaints assessor must refer the complaint to the BCC councillor conduct review panel. Page 40 2012 Act No. 33

Local Government and Other Legislation Amendment Act 2012 Part 2 Amendment of City of Brisbane Act 2010 [s 50] ‘(4) If the preliminary assessment is that the complaint is about official misconduct under the Crime and Misconduct Act, the complaints assessor must deal with the complaint under that Act. ‘(5) If the preliminary assessment is that the complaint is about another matter, the complaints assessor must deal with the complaint in an appropriate way. ‘(6) After acting under subsection (2) to (5), the complaints assessor must give the entity that made the complaint, and the accused councillor, a written notice that states— (a) the type of complaint that the assessor has assessed the complaint as; and (b) the action (if any) that is proposed to be taken in relation to the complaint; and (c) if the complaint was about a frivolous matter, was made vexatiously or was lacking in substance—that it is an offence under subsection (7) for a person to make a complaint that is substantially the same as a complaint that the person has previously made. ‘(7) A person must not make a complaint about the conduct or performance of a councillor if— (a) the complaint is substantially the same as a complaint that the person has previously made; and (b) the complaints assessor has given the person a notice that complies with subsection (6). Maximum penalty for subsection (7)—10 penalty units.’. 50 Amendment of s 180A (Preliminary dealings with complaints before hearing) (1) Section 180A(1) and (3), after ‘the chief executive officer’— insert— ‘or the department’s chief executive’. (2) Section 180A— 2012 Act No. 33 Page 41

Local Government and Other Legislation Amendment Act 2012 Part 2 Amendment of City of Brisbane Act 2010 [s 51] insert— ‘(4) Subsection (5) applies if the complainant is also a councillor. ‘(5) Before conducting a hearing of the complaint— (a) the BCC councillor conduct review panel must require the complainant to appear before the panel to confirm the complaint; and (b) the complainant must comply with the requirement made under paragraph (a). ‘(6) Despite section 178(3) and (4), a failure of a councillor to comply with a requirement under subsection (5)(a) is not misconduct or inappropriate conduct.’. 51 Amendment of s 182 (Hearing and deciding complaints) (1) Section 182(1)— omit, insert— ‘(1) This section is about the hearing of a complaint of misconduct or inappropriate conduct by the BCC councillor conduct review panel.’. (2) Section 182(2), (4) and (6), ‘or tribunal’— omit. 52 Amendment of s 183 (Taking disciplinary action—BCC councillor conduct review panel) (1) Section 183(5) and (6)— renumber as section 183(7) and (8). (2) Section 183(1) to (4)— omit, insert— ‘(1) This section applies if the BCC councillor conduct review panel decides, after hearing a complaint, that a councillor engaged in misconduct or inappropriate conduct. Page 42 2012 Act No. 33

Local Government and Other Legislation Amendment Act 2012 Part 2 Amendment of City of Brisbane Act 2010 [s 52] ‘(2) The BCC councillor conduct review panel may make any 1 or more of the following orders or recommendations that it considers appropriate in view of the circumstances relating to the misconduct or inappropriate conduct— (a) an order that the councillor be counselled about the misconduct or inappropriate conduct, and how not to repeat the misconduct or inappropriate conduct; (b) an order that the councillor make an admission of error or an apology; (c) an order that the councillor participate in mediation with another person; (d) a recommendation to the department’s chief executive to monitor the councillor or the council for compliance with the local government related laws; (e) an order that the councillor reimburse the council; (f) a recommendation to the Minister that the councillor be suspended for a stated period; (g) a recommendation to the Crime and Misconduct Commission or the police commissioner that the councillor’s conduct be further investigated; (h) an order that the councillor pay to the council an amount of not more than the monetary value of 50 penalty units. ‘(3) A recommendation mentioned in subsection (2)(f) may include a recommendation about the details of the suspension. ‘(4) When deciding what disciplinary action is appropriate in view of the circumstances relating to the misconduct or inappropriate conduct, the BCC councillor conduct review panel may consider— (a) any misconduct or inappropriate conduct of the councillor in the past; and (b) any allegation made in the hearing that was admitted or was not challenged. ‘(5) Subsection (6) applies if— 2012 Act No. 33 Page 43

Local Government and Other Legislation Amendment Act 2012 Part 2 Amendment of City of Brisbane Act 2010 [s 53] (a) the BCC councillor conduct review panel decides, after hearing a complaint, that a councillor engaged in inappropriate conduct (the repeat conduct ); and (b) the panel has decided twice in the preceding year that the same councillor engaged in inappropriate conduct. ‘(6) When deciding what disciplinary action is appropriate, the BCC councillor conduct review panel must consider the repeat conduct to be misconduct.’. 53 Replacement of s 183A (Taking disciplinary action—tribunal) Section 183A— omit, insert— ‘183A Records about complaints ‘(1) The chief executive officer must keep a record of— (a) all written complaints received by the chief executive officer under this division; and (b) the outcome of each written complaint, including any disciplinary action or other action that was taken in relation to the complaint. ‘(2) The chief executive officer must ensure that the public may inspect the part of the record that relates to outcomes of written complaints— (a) at the council’s public office; or (b) on the council’s website. ‘(3) However, subsection (2) does not apply to the record of a written complaint that— (a) the chief executive officer or the department’s chief executive has assessed as being about a frivolous matter, having been made vexatiously or lacking in substance; or (b) is a public interest disclosure within the meaning of the Public Interest Disclosure Act 2010 .’. Page 44 2012 Act No. 33

Local Government and Other Legislation Amendment Act 2012 Part 2 Amendment of City of Brisbane Act 2010 [s 54] 54 Omission of ss 184 and 185 Sections 184 and 185— omit. 55 Insertion of new ch 6, pt 2, div 7 After section 186— insert— ‘Division 7 Conduct in meetings of the council ‘186A Conduct in meetings of the council or its committees ‘(1) This section applies to the chairperson of the council or a committee chairperson in addition to any powers they may have under the council’s rules of procedure. ‘(2) If disorderly conduct happens in a meeting of the council or its committees, the chairperson of the meeting may make any 1 or more of the following orders that the chairperson considers appropriate in the circumstances— (a) an order that the councillor’s conduct be noted in the minutes of the meeting; (b) an order that the councillor leave the place where the meeting is being held (including any area set aside for the public), and stay out of the place for the rest of the meeting; (c) if the councillor fails to comply with an order under paragraph (b) to leave a place—an order that the councillor be removed from the place. ‘(3) Disorderly conduct is conduct of a councillor that contravenes the council’s rules of procedure. ‘(4) The rules of procedure are, under a local law, the rules decided by council for the conduct of the participants at meetings of the council or its committees (including rules about challenging decisions of the chairperson relating to observing or enforcing the rules, for example). 2012 Act No. 33 Page 45

Local Government and Other Legislation Amendment Act 2012 Part 2 Amendment of City of Brisbane Act 2010 [s 56] ‘(5) A decision under this section by either of the following persons is not subject to appeal other than under the council’s rules of procedure— (a) the chairperson of the council; (b) a committee chairperson. Note — See section 226 for more information.’. 56 Amendment of s 191 (Appointing an acting chief executive officer) Section 191, ‘council’— omit, insert— ‘Establishment and Coordination Committee’. 57 Amendment of s 194 (Disciplinary action against council employees) (1) Section 194(1), ‘is the only person who’— omit. (2) Section 194(2)— omit , insert — ‘(2) A regulation may prescribe— (a) when disciplinary action may be taken against a council employee; and (b) the types of disciplinary action that may be taken against a council employee.’. (3) Section 194(3)— omit . Page 46 2012 Act No. 33

Local Government and Other Legislation Amendment Act 2012 Part 2 Amendment of City of Brisbane Act 2010 [s 58] 58 Amendment of s 196 (Improper conduct by council employees) (1) Section 196(2)(a) to (c)— omit, insert— ‘(a) a contractor of the council; and (b) a type of person prescribed under a regulation.’. (2) Section 196(3), penalty— omit, insert— ‘Maximum penalty—100 penalty units or 2 years imprisonment.’. 59 Amendment of s 197 (Use of information by council employees) (1) Section 197(2)(a) to (c)— omit, insert— ‘(a) a contractor of the local government; and (b) a type of person prescribed under a regulation.’. (2) Section 197(3), penalty— omit, insert— ‘Maximum penalty—100 penalty units or 2 years imprisonment.’. (3) Section 197(4) and (6) to (8)— omit. (4) Section 197(9), penalty— omit, insert— ‘Maximum penalty for subsection (5)—100 penalty units or 2 years imprisonment.’. (5) Section 197(5) and (9)— renumber as section 197(4) and (5). 2012 Act No. 33 Page 47

Local Government and Other Legislation Amendment Act 2012 Part 2 Amendment of City of Brisbane Act 2010 [s 60] 60 Replacement of s 198 (Annual report must detail remuneration) Section 198— omit, insert— ‘198 Annual report must detail remuneration ‘(1) The annual report of the council must state— (a) the total of all remuneration packages that are payable (in the year to which the annual report relates) to the senior management; and (b) the number of employees in senior management who are being paid each band of remuneration. ‘(2) The senior management consists of the chief executive officer and all senior executive employees. ‘(3) Each band of remuneration is an increment of $100000. ‘(4) To remove any doubt, it is declared that nothing in this section requires the exact salary of any employee in senior management to be separately stated in the annual report.’. 61 Amendment of s 215 (False or misleading information) Section 215(1)(g) and (h)— omit, insert— ‘(g) the grants commission.’. 62 Amendment of s 216 (Administrators who act honestly and without negligence are protected from liability) (1) Section 216(1) and (2)— omit. (2) Section 216(4)(g) and (h)— omit, insert— ‘(g) a person acting under the direction of a person mentioned in paragraph (a), (b) or (c).’. Page 48 2012 Act No. 33

Local Government and Other Legislation Amendment Act 2012 Part 2 Amendment of City of Brisbane Act 2010 [s 63] (3) Section 216(5)(a) and (b)— omit, insert— ‘(a) a councillor; or (b) the chief executive officer; or’. (4) Section 216(6) and (7), ‘(3)’— omit, insert— ‘(1)’. (5) Section 216(3) to (8)— renumber as section 216(1) to (6). 63 Amendment of s 217 (Who is authorised to sign council documents) Section 217— insert— ‘(2) The head of the council is— (a) the mayor; or (b) if there are no councillors for any reason—the chief executive officer.’. 64 Amendment of s 218 (Name in proceedings by or against council) (1) Section 218(2)— renumber as section 218(3). (2) Section 218— insert— ‘(2) However, the council may start a proceeding under the Justices Act 1886 in the name of a council employee who is a public officer within the meaning of that Act.’. 2012 Act No. 33 Page 49

Local Government and Other Legislation Amendment Act 2012 Part 2 Amendment of City of Brisbane Act 2010 [s 65] 65 Amendment of s 238 (Delegation of council powers) (1) Section 238(1)— insert— ‘(f) the Establishment and Coordination Committee.’. (2) Section 238(1)(e)— omit. (3) Section 238(1)(f)— renumber as section 238(1)(e). 66 Amendment of s 239 (Delegation of chief executive officer’s powers) Section 239(2)(c)— omit. 67 Replacement of s 244 (Requirements for particular guidelines) Section 244— omit, insert— ‘244 Acceptable requests guidelines ‘(1) The acceptable requests guidelines are guidelines about— (a) the way in which a councillor may ask a council employee for advice to help the councillor carry out his or her responsibilities under this Act; and (b) when advice relates to the ward a councillor represents; and (c) the reasonable limits on requests that a councillor may make. ‘(2) The acceptable requests guidelines are made by the Establishment and Coordination Committee.’. Page 50 2012 Act No. 33

Local Government and Other Legislation Amendment Act 2012 Part 2 Amendment of City of Brisbane Act 2010 [s 68] 68 Omission of s 249 (Review of this Act) Section 249— omit. 69 Insertion of new s 250A After section 250— insert — ‘250A Advisory polls ‘The council may, in the way decided by the council, conduct a voluntary poll of the electors in Brisbane or a part of Brisbane on any issue of concern to Brisbane or the part.’. 70 Amendment of s 252 (Regulation-making power) (1) Section 252(2)(b)— omit. (2) Section 252(2)(c) to (j)— renumber as section 252(2)(b) to (i). 71 Insertion of new ch 8, pt 5 Chapter 8— insert— ‘Part 5 Transitional provisions for Local Government and Other Legislation Amendment Act 2012 ‘267 Change in dealing with complaints ‘(1) This section applies if— 2012 Act No. 33 Page 51

Local Government and Other Legislation Amendment Act 2012 Part 2 Amendment of City of Brisbane Act 2010 [s 72] (a) the council, or the department’s chief executive, makes or receives a complaint about the conduct or performance of a councillor before the commencement; and (b) an entity had started dealing with, but had not finally dealt with, the complaint under chapter 6, part 2, division 6. ‘(2) The former process continues to apply in relation to the complaint despite any amendment of this Act under the Local Government and Other Legislation Amendment Act 2012 . ‘(3) The former process is chapter 6, part 2, division 6 as in force immediately before the commencement. ‘(4) To remove any doubt, it is declared that— (a) an entity dealing with the complaint must deal with the complaint under the former process; and (b) any disciplinary action taken against a councillor because of the complaint is limited to the action that may be taken under the former process. ‘268 Change in process for making local laws ‘(1) This section applies if the council has begun, but not completed, its process for making a local law before the commencement. ‘(2) The council may continue the process for making the local law despite any amendment of this Act under the Local Government and Other Legislation Amendment Act 2012 . ‘(3) Chapter 3, part 1, as in force immediately before the commencement, continues to apply for the purpose of subsection (2).’. 72 Amendment of schedule (Dictionary) (1) Schedule, definitions advice guidelines, BCC councillors code of conduct, corporatisation, drafting certificate , drafting standards , full-time government job , head of the council, Page 52 2012 Act No. 33

Local Government and Other Legislation Amendment Act 2012 Part 2 Amendment of City of Brisbane Act 2010 [s 72] reasonable written notice, remedial notice, rules of procedure and tribunal — omit. (2) Schedule— insert— ‘ component local government see the Local Government Act, section 25A(4). joint local government see the Local Government Act, section 25A(2). joint local government area see the Local Government Act, section 25A(3). public place , for chapter 5, part 2, division 1, see section 114(5). preliminary assessment see section 179(6). reasonable entry notice see section 127A(3). remedial notice see section 127A(1). rules of procedure see section 186A(4).’. (3) Schedule, definition acceptable requests guidelines , ‘171(5)’— omit, insert— ‘244(1)’. (4) Schedule, definition BCC councillor conduct review panel , ‘178(7)’— omit, insert— ‘178(6)’. (5) Schedule, definition conflict of interest , ‘175(3)’— omit, insert— ‘175(2)’. (6) Schedule, definition council worker , ‘127(6)’— omit, insert— 2012 Act No. 33 Page 53

Local Government and Other Legislation Amendment Act 2012 Part 3 Amendment of Local Government Act 2009 [s 73] ‘127(4)’. (7) Schedule, definition full cost pricing , ‘48(4)’— omit, insert— ‘48(3)’. (8) Schedule, definition ordinary business matter , paragraph (e)— omit, insert— ‘(e) a planning scheme, or amendment of a planning scheme, for Brisbane; or’. Part 3 Amendment of Local Government Act 2009 73 Act amended This part amends the Local Government Act 2009 . Note — See also the amendments in the schedule. 74 Amendment of s 5 (Relationship with City of Brisbane Act2010) (1) Section 5(1)— insert— ‘Note — See the City of Brisbane Act 2010 , section 5.’. (2) Section 5(2)— omit. Page 54 2012 Act No. 33

Local Government and Other Legislation Amendment Act 2012 Part 3 Amendment of Local Government Act 2009 [s 75] 75 Amendment of s 7 (What this part is about) Section 7(c) and (d)— omit, insert— ‘(c) the responsibilities and powers of a local government, its councillors and its employees.’. 76 Amendment of s 9 (Powers of local governments generally) Section 9— insert— ‘(6) Subsections (7) and (8) apply if a local government is a component local government for a joint local government. ‘(7) Despite subsection (1), a local government may not, within the joint local government’s area, exercise a power for which the joint local government has jurisdiction. ‘(8) However, the local government may exercise the power as a delegate of the joint local government.’. 77 Replacement of s 11 (Who a local government is constituted by) Section 11— omit, insert— ‘11 Local governments are bodies corporate etc. ‘A local government— (a) is a body corporate with perpetual succession; and (b) has a common seal; and (c) may sue and be sued in its name.’. 78 Amendment of s 12 (Responsibilities of councillors) (1) Section 12(4)(b)— 2012 Act No. 33 Page 55

Local Government and Other Legislation Amendment Act 2012 Part 3 Amendment of Local Government Act 2009 [s 79] omit, insert— ‘(b) preparing a budget to present to the local government;’. (2) Section 12(4)(c)— omit. (3) Section 12(4)(e), ‘chief executive officer,’— omit, insert— ‘chief executive officer and senior executive employees,’. (4) Section 12(4)(d) to (i)— renumber as section 12(4)(c) to (h). 79 Amendment of s 13 (Responsibilities of local government employees) (1) Section 13(3)(e)— omit. (2) Section 13(3)(g)— omit, insert— ‘(g) complying with requests from councillors under section 170A— (i) for advice to assist the councillor carry out his or her role as a councillor; or (ii) for information, that the local government has access to, relating to the local government.’. (3) Section 13(3)(f) and (g)— renumber as section 13(3)(e) and (f). 80 Insertion of new ch 2A After section 25— insert — Page 56 2012 Act No. 33

Local Government and Other Legislation Amendment Act 2012 Part 3 Amendment of Local Government Act 2009 [s 80] ‘Chapter 2A Joint local governments ‘Part 1 Preliminary ‘25A What this chapter is about ‘(1) This chapter explains what a joint local government is and its responsibilities and powers. Note — For other flexible forms of cooperation between local governments, see section 10. ‘(2) A joint local government is an entity that, within a joint local government area, takes over particular responsibilities from its component local governments. ‘(3) A joint local government area is a part of the State that consists of the whole or parts of 2 or more local government areas of component local governments. ‘(4) A component local government is a local government entitled to be represented on a joint local government, either in its own right or as a member of a group of local governments. ‘(5) In this chapter local government includes the Brisbane City Council. ‘Part 2 Establishment and operation of joint local governments ‘25B Constitution of joint local governments ‘(1) Before establishing a joint local government, the proposed component local governments must reach agreement about the constitution of the joint local government. 2012 Act No. 33 Page 57

Local Government and Other Legislation Amendment Act 2012 Part 3 Amendment of Local Government Act 2009 [s 151] ‘(6) A joint local government, or any member of the joint local government, is not civilly liable for an act done under this Act, or omission made under this Act, honestly and without negligence. ‘(7) If subsection (6) prevents civil liability attaching to a member of a joint local government, liability attaches instead to the local government for which the member is a councillor.’. 151 Amendment of s 236 (Who is authorised to sign local government documents) Section 236— insert— ‘(2) The head of the local government is— (a) the mayor; or (b) if all of the councillors have been dismissed under section 123 and an interim administrator is appointed—the interim administrator; or (c) if there are no councillors for any other reason and an interim administrator has not been appointed—the chief executive officer.’. 152 Insertion of new s 236A After section 236— insert— ‘236A Who is authorised to sign joint local government documents ‘The following persons may sign a document on behalf of a joint local government— (a) the chairperson of the joint local government; (b) a delegate of the joint local government; (c) a member of the joint local government, or a joint local government employee, who is authorised by the 2012 Act No. 33 Page 105

Local Government and Other Legislation Amendment Act 2012 Part 3 Amendment of Local Government Act 2009 [s 153] chairperson of the joint local government, in writing, to sign documents.’. 153 Amendment of s 237 (Name in proceedings by or against a local government) (1) Section 237(2)— renumber as section 237(3). (2) Section 237— insert— ‘(2) However, a local government may start a proceeding under the Justices Act 1886 in the name of a local government employee who is a public officer within the meaning of that Act.’. 154 Insertion of new s 237A After section 237— insert— ‘237A Name in proceedings by or against a joint local government ‘(1) A proceeding by a joint local government must be started in the name of the joint local government. ‘(2) However, a joint local government may start a proceeding under the JusticesAct1886 in the name of a joint local government employee who is a public officer within the meaning of that Act. ‘(3) A proceeding against a joint local government must be started against the joint local government in its name.’. 155 Amendment of s 239 (Substituted service) Section 239— insert— ‘(5) In this section, a reference to a local government includes a reference to a joint local government.’. Page 106 2012 Act No. 33

Local Government and Other Legislation Amendment Act 2012 Part 3 Amendment of Local Government Act 2009 [s 156] 156 Amendment of s 240 (Acting for a local government in legal proceedings) Section 240— insert— ‘(4) In any proceedings, the chairperson of a joint local government, or another employee authorised in writing by the joint local government— (a) may give instructions and act as the authorised agent for the joint local government; and (b) may sign all documents for the joint local government. ‘(5) A joint local government must pay the costs incurred by the chairperson or other employee in any proceedings.’. 157 Amendment of s 245 (Judges and other office holders not disqualified from adjudicating) Section 245— insert— ‘(2) A judge, magistrate, justice or presiding member of a tribunal is not disqualified from adjudicating in any proceedings to which a joint local government is a party only because the person is, or is liable to be, a ratepayer of a component local government for the joint local government.’. 158 Amendment of s 246 (Where fines are to be paid to) Section 246— insert— ‘(3) In this section, a reference to a local government includes a reference to a joint local government.’. 159 Amendment of s 248 (Evidence of local laws) (1) Section 248(2)— omit, insert— 2012 Act No. 33 Page 107

Local Government and Other Legislation Amendment Act 2012 Part 3 Amendment of Local Government Act 2009 [s 160] ‘(2) A certified copy of a local law or consolidated version of a local law is a copy that has been certified by— (a) for a local law made by a local government—the chief executive officer to be the local law or consolidated version as made by the local government; or (b) for a local law made by a joint local government—the chairperson of the joint local government to be the local law or consolidated version as made by the joint local government.’. (2) Section 248(4), after ‘a local government’— insert— ‘or joint local government’. 160 Amendment of s 249 (Evidence of proceedings of local government) (1) Section 249, heading, ‘of local government’— omit. (2) Section 249(2)— renumber as section 249(3). (3) Section 249— insert— ‘(2) Also, this section applies to a document that— (a) purports to be a copy of an entry in a record of the proceedings of a joint local government; and (b) purports to have been signed at the time when the entry was made by the chairperson of the joint local government; and (c) is certified by the chairperson to be a true copy of the document.’. Page 108 2012 Act No. 33

Local Government and Other Legislation Amendment Act 2012 Part 3 Amendment of Local Government Act 2009 [s 161] 161 Amendment of s 250 (Evidentiary value of copies) (1) Section 250(2)— renumber as section 250(3). (2) Section 250— insert— ‘(2) Also, this section applies to a copy of a document that— (a) purports to be made under the authority of a joint local government or its chairperson; and (b) purports to be verified by the chairperson or an employee who is authorised by the joint local government.’. 162 Amendment of s 251 (Evidentiary value of certificates) (1) Section 251(2)— renumber as section 251(3). (2) Section 251— insert— ‘(2) Also, this section applies to a certificate that— (a) purports to be about the state of, or a fact in, a record of a joint local government; and (b) purports to be signed by the chairperson of the joint local government.’. 163 Amendment of s 252 (Evidence of directions given to local government) (1) Section 252, heading, after ‘local government’— insert— ‘ or joint local government ’. (2) Section 252(1)(a), after ‘a local government’— insert— 2012 Act No. 33 Page 109

Local Government and Other Legislation Amendment Act 2012 Part 3 Amendment of Local Government Act 2009 [s 164] ‘or a joint local government’. 164 Amendment of s 257 (Delegation of local government powers) (1) Section 257(1)(f)— omit. (2) Section 257— insert— ‘(4) A delegation to the chief executive officer under subsection (1) must be reviewed annually by the local government.’. 165 Insertion of new s 257A After section 257— insert — ‘257A Delegation of joint local government’s powers ‘(1) A joint local government may, by resolution, delegate its powers about a component local government’s area to the component local government. ‘(2) Also, a joint local government may, by resolution, delegate its powers under this Act or another Act to— (a) the chairperson of the joint local government; or (b) a mayor of its component local governments; or (c) the chief executive officer of the joint local government or its component local governments; or (d) a committee of members of the joint local government or of councillors of its component local governments; or (e) the chairperson of a committee mentioned in paragraph (d). ‘(3) Despite subsections (1) and (2), a joint local government must not delegate a power that an Act states must be exercised by resolution.’. Page 110 2012 Act No. 33

Local Government and Other Legislation Amendment Act 2012 Part 3 Amendment of Local Government Act 2009 [s 166] 166 Amendment of s 258 (Delegation of mayor’s powers) Section 258(2), after ‘officer’— insert— ‘or senior executive employees’. 167 Amendment of s 259 (Delegation of chief executive officer powers) Section 259(2)(c)— omit. 168 Insertion of new ch 7, pt 5A Chapter 7— insert— ‘Part 5A Provisions about de-amalgamation ‘260A What this part is about ‘(1) This part is about a de-amalgamation of a local government area. ‘(2) A de-amalgamation of a local government area is the separation of the area into different local government areas, each to be governed by its own local government. ‘260B Poll about de-amalgamation ‘(1) The Minister may ask the electoral commission to conduct a poll about the implementation of a de-amalgamation of a local government area. ‘(2) The Minister may request a poll under subsection (1) only within 1 year after the commencement of this section. 2012 Act No. 33 Page 111

Local Government and Other Legislation Amendment Act 2012 Part 3 Amendment of Local Government Act 2009 [s 168] ‘(3) If the Minister requests a poll under subsection (1), the electoral commission must conduct the poll of the electors in the affected part of a local government area. ‘(4) The affected part of the local government area is that part of the area that is proposed to be separated from the rest of the local government area and governed by its own local government. ‘(5) The poll must be conducted by ballot taken in compliance with the requirements prescribed under a regulation. ‘(6) Voting at the poll is compulsory for electors in the affected part of the local government area. ‘(7) As soon as practicable after the conclusion of the poll, the electoral commission must advise the Minister of the result. ‘(8) If the result of the poll is a majority for de-amalgamation, the costs of the poll are to be paid by the affected part of the local government area. ‘(9) If the result of the poll is a majority against de-amalgamation, the costs of the poll are to be paid by the local government for the area. ‘260C Failure to vote ‘(1) An elector must not fail to vote at the poll without valid and sufficient reason. Maximum penalty—1 penalty unit. ‘(2) An elector’s belief that it is part of the elector’s religious duty not to vote at elections is valid and sufficient reason for the elector’s failure to vote at the poll. ‘260D Leave to vote ‘(1) This section applies if— (a) an employee who is an elector asks his or her employer, before the day for conducting the poll, for leave of absence to vote at the poll; and Page 112 2012 Act No. 33

Local Government and Other Legislation Amendment Act 2012 Part 3 Amendment of Local Government Act 2009 [s 168] (b) the absence is necessary to enable the employee to vote at the poll. ‘(2) The employer must allow the employee leave of absence for a reasonable period (not more than 2 hours) to enable the employee to vote at the poll, unless the absence is reasonably likely to cause danger or substantial loss to the employer in relation to the employment concerned. Maximum penalty—10 penalty units. ‘(3) The employer must not impose any penalty or disproportionate deduction of pay for the leave of absence. Maximum penalty—10 penalty units. ‘(4) An employee must not ask for leave of absence under subsection (1) to vote at the poll unless the employee genuinely intends to vote at the poll. Maximum penalty—10 penalty units. ‘260E Voting if not entitled A person must not, at the poll— (a) vote in someone else’s name (including a dead or fictitious person); or (b) vote more than once; or (c) cast a vote that the person knows the person is not entitled to cast; or (d) if the person knows someone else is not entitled to vote at the election—procure the other person to vote. Maximum penalty—20 penalty units or 6 months imprisonment. ‘260F Implementation ‘(1) The Governor in Council may implement the de-amalgamation of the local government area under a regulation. 2012 Act No. 33 Page 113

Local Government and Other Legislation Amendment Act 2012 Part 3 Amendment of Local Government Act 2009 [s 169] ‘(2) The regulation may provide for anything that is necessary or convenient to facilitate the implementation of the de-amalgamation of the local government area. ‘(3) For example, the regulation may provide for— (a) holding, postponing or cancelling a local government election; or (b) the transfer of assets and liabilities from a local government to another local government; or (c) the recovery of the costs of the de-amalgamation of the local government area; or (d) the temporary continuation of a local law for the affected part of a local government area. ‘(4) A local government is not liable to pay a State tax in relation to a transfer or other arrangement made to implement a de-amalgamation. ‘(5) A State tax is a tax, charge, fee or levy imposed under an Act, other than a duty under the Duties Act 2001 .’. 169 Amendment of s 265 (Materials in infrastructure are local government property) (1) Section 265(2)— renumber as section 265(3). (2) Section 265— insert— ‘(2) If a local government, in exercising a power of the local government, constructs a structure or carries out any works on someone else’s land, the materials in the structure or works are the property of the local government.’. (3) Section 265— insert— Page 114 2012 Act No. 33

Local Government and Other Legislation Amendment Act 2012 Part 3 Amendment of Local Government Act 2009 [s 170] ‘(4) For subsection (1), it is irrelevant whether the thing mentioned in the subsection is on, over or under land that is owned by an entity other than the local government.’. 170 Omission of s 267 (Review of this Act) Section 267— omit. 171 Insertion of new s 268A After section 268— insert — ‘268A Advisory polls ‘A local government may, in the way decided by the local government, conduct a voluntary poll of the electors in its area or a part of its area on any issue of concern to the area or part.’. 172 Amendment of s 270 (Regulation-making power) (1) Section 270(2)(b)— omit. (2) Section 270(2)— insert— ‘(j) the financial planning and accountability of a local government, including the systems of financial management; or ‘(k) matters relating to a joint local government (including transferring assets and liabilities between a joint local government and a component local government).’. (3) Section 270(2)(c) to (k)— renumber as section 270(2)(b) to (j). 2012 Act No. 33 Page 115

Local Government and Other Legislation Amendment Act 2012 Part 3 Amendment of Local Government Act 2009 [s 173] 173 Amendment of s 272 (Local governments, including joint local governments) Section 272— insert— ‘(6) Despite subsection (2), a joint local government mentioned in the subsection (a continued entity ) may discontinue its existence. ‘(7) Any action taken by a continued entity in relation to discontinuing its existence before the authorisation had effect is, and is taken to always have been, as validly done as it would be if the authorisation had been in force when the action was taken (for example, the disposal of all assets). ‘(8) The authorisation is the power a joint local government may exercise under subsection (6).’. 174 Amendment of s 275 (Local government owned corporation) Section 275— insert— ‘(2) Subsection (1) does not stop the corporate entity from being wound up.’. 175 Insertion of new ch 9, pt 4 Chapter 9— insert— Page 116 2012 Act No. 33

‘Part 4 Local Government and Other Legislation Amendment Act 2012 Part 3 Amendment of Local Government Act 2009 [s 175] Transitional provisions for Local Government and Other Legislation Amendment Act 2012 ‘Division 1 Transitional provisions about change of legal status ‘295 Effect of change of legal status on existing local governments and joint local governments ‘(1) On the commencement, a local government in existence immediately before the commencement continues in existence as a local government, but as a body corporate. ‘(2) The change in the local government’s constitution effected by section 11 as in force after the commencement does not, in any way, affect— (a) the local government’s assets or rights and liabilities; or (b) any matter or thing done by or in relation to the local government. ‘(3) On the commencement, a joint local government in existence immediately before the commencement continues in existence as a joint local government, but as a body corporate. ‘(4) The change in the joint local government’s constitution effected by section 11 as in force after the commencement does not, in any way, affect— (a) the joint local government’s assets or rights and liabilities; or (b) any matter or thing done by or in relation to the joint local government. 2012 Act No. 33 Page 117

Local Government and Other Legislation Amendment Act 2012 Part 3 Amendment of Local Government Act 2009 [s 175] ‘296 Contractual rights etc. are unaffected ‘Without limiting section 295 and to remove any doubt, it is declared that the continuation of a local government under that section— (a) does not place the local government in breach of contract or otherwise make it guilty of a civil wrong; and (b) does not make the local government in breach of any instrument, including, for example, an instrument prohibiting, restricting or regulating the assignment or transfer of any right or liability; and (c) is not taken to fulfil a condition— (i) allowing a person to terminate an instrument or liability or modify the operation or effect of an instrument or liability; or (ii) requiring any amount to be paid before its stated maturity; and (d) does not release a surety or other obligee, in whole or part, from an obligation; and (e) does not negate any decision made by the local government. ‘Division 2 Other transitional provisions ‘297 Continuation of particular provisions for corporate entities ‘(1) A corporate entity is an entity that was corporatised under this Act before the commencement and to which the Corporations Act does not apply. ‘(2) A provision of this Act, as in force immediately before the commencement, that applied in relation to a corporate entity, continues to apply in relation to the corporate entity— Page 118 2012 Act No. 33

Local Government and Other Legislation Amendment Act 2012 Part 3 Amendment of Local Government Act 2009 [s 175] (a) as if the provision were not amended or repealed under the Local Government and Other Legislation Amendment Act 2012 ; and (b) despite any amendment or repeal of the provision under the Local Government and Other Legislation Amendment Act 2012 . Examples — • chapter 3, part 2, divisions 3 and 4 • sections 199, 200 and 257 ‘(3) A provision of the relevant regulations, as in force immediately before the commencement, that applied in relation to a corporate entity, continues to apply in relation to the corporate entity— (a) as it was in force immediately before the commencement; and (b) despite any amendment or repeal of the provision after the commencement. ‘(4) The relevant regulations are— (a) the LocalGovernment(BeneficialEnterprisesandBusiness Activities) Regulation 2010 ; and (b) the Local Government (Finance,PlansandReporting)Regulation 2010 ; and (c) the Local Government (Operations) Regulation 2010 . ‘(5) A provision continued under subsection (2) or (3) continues in relation to a corporate entity until the corporate entity is wound up or otherwise ceases to be corporatised under this Act. ‘298 Change in dealing with complaints ‘(1) This section applies if— (a) a local government, or the department’s chief executive, makes or receives a complaint about the conduct or 2012 Act No. 33 Page 119

Local Government and Other Legislation Amendment Act 2012 Part 3 Amendment of Local Government Act 2009 [s 176] performance of a councillor before the commencement; and (b) an entity had started dealing with, but had not finally dealt with, the complaint under chapter 6, part 2, division 6. ‘(2) The former process continues to apply in relation to the complaint despite any amendment of this Act under the Local Government and Other Legislation Amendment Act 2012 . ‘(3) The former process is chapter 6, part 2, division 6 as in force immediately before the commencement. ‘(4) To remove any doubt, it is declared that— (a) an entity dealing with the complaint must deal with the complaint under the former process; and (b) any disciplinary action taken against a councillor because of the complaint is limited to the action that may be taken under the former process. ‘299 Change in process for making local laws ‘(1) This section applies if a local government has begun, but not completed, its process for making a local law before the commencement. ‘(2) The local government may continue the process for making the local law despite any amendment of this Act under the Local Government and Other Legislation Amendment Act 2012 . ‘(3) Chapter 3, part 1, as in force immediately before the commencement, continues to apply for the purpose of subsection (2).’. 176 Amendment of sch 4 (Dictionary) (1) Schedule 4, definitions advice guidelines, conclusion , corporate entity , corporatisation , drafting certificate , drafting standards , financial management documents , head of a local government, indigenous regional council, long-term asset Page 120 2012 Act No. 33

Local Government and Other Legislation Amendment Act 2012 Part 3 Amendment of Local Government Act 2009 [s 176] management plan, long-term community plan, long-term financial plan, planning and accountability documents, public place and remedial notice — omit. (2) Schedule 4, definition conviction , first mention— omit. (3) Schedule 4— insert— ‘ component local government see section 25A(4). conclusion , of the election of a councillor, means— (a) for an election of all the councillors—the day when the last declaration of a poll conducted in the election is displayed at the office of the returning officer for the election; or (b) for a by-election for which a poll is conducted—the day when the declaration of the poll is displayed at the office of the returning officer for the election; or (c) for a by-election for which no poll is conducted—the day after the nomination day for the by-election; or (d) if the councillor is automatically elected (other than at a by-election) and a poll is conducted—the day when the last declaration of a poll is displayed at the office of the returning officer for the election; or (e) if the councillor is automatically elected (other than at a by-election) and no poll is conducted—6p.m. on the day when a poll would otherwise have been required to be conducted. indigenous regional council means— (a) the Northern Peninsula Area Regional Council; or (b) the Torres Strait Island Regional Council; or (c) an indigenous regional council prescribed under a regulation. 2012 Act No. 33 Page 121

Local Government and Other Legislation Amendment Act 2012 Part 3 Amendment of Local Government Act 2009 [s 176] interim administrator means a person appointed by the Governor in Council under section 123 to act in place of the councillors of a local government. joint local government see section 25A(2). joint local government area see section 25A(3). preliminary assessment see section 176B(6). public place , for chapter 5, part 2, division 1, see section 125(5). reasonable entry notice see section 138AA(3). remedial notice see section 138AA(1). senior executive employee , of a local government, see section 196(5).’. (4) Schedule, definition full cost pricing , ‘44(4)’— omit, insert— ‘44(3)’. (5) Schedule, definition local government worker , ‘138(6)’— omit, insert— ‘138(4)’. (6) Schedule, definition ordinary business matter , paragraph (e)— omit, insert— ‘(e) a planning scheme, or amendment of a planning scheme, for the local government area; or’. (7) Schedule, definition ordinary business matter , paragraph (f), ‘council’— omit, insert— ‘local government’. (8) Schedule, definition regional conduct review panel , ‘176(7)’— omit, insert— Page 122 2012 Act No. 33

Local Government and Other Legislation Amendment Act 2012 Part 4 Amendment of Local Government Electoral Act 2011 [s 177] ‘176(6)’. Part 4 Amendment of Local Government Electoral Act 2011 177 Act amended This part amends the Local Government Electoral Act 2011. 178 Amendment of s 18 (Cut-off day for compiling voters roll) (1) Section 18(1), ‘31 January’— omit, insert— ‘31 January (the cut-off day )’. (2) Section 18(2)— renumber as section 18(3). (3) Section 18— insert— ‘(2) However, a regulation may fix a different cut-off day for a particular year.’. 179 Amendment of s 24 (Date of by-elections) Section 24(3)(a)(ii), ‘18(2)’— omit, insert— ‘18(3)’. 180 Amendment of s 32 (Announcement of nominations) Section 32(2)— omit, insert— 2012 Act No. 33 Page 123

Local Government and Other Legislation Amendment Act 2012 Part 4 Amendment of Local Government Electoral Act 2011 [s 181] ‘(2) The display of a copy of the nomination must continue until the conclusion of the election.’. 181 Amendment of s 34 (Procedure if number of candidates not more than number required) Section 34(2) to (4)— omit, insert — ‘(2) If— (a) no-one is nominated as a candidate in an election; or (b) the number of candidates nominated is less than the number required to be elected; the proceedings for the election must start again. ‘(3) However, if proceedings for the election have previously started again under subsection (2), the Governor in Council may, by gazette notice, appoint as councillors of the local government, the number of persons necessary to constitute fully the local government. ‘(4) Each person appointed under subsection (3) must be qualified to be elected as a councillor of the local government for the local government area, or division of the local government area, for which the election was to be held. ‘(5) Persons appointed under subsection (4) are taken to have been properly elected as councillors of the local government for which they are appointed. ‘(6) If proceedings for an election are started again under subsection (2)— (a) the deposits of the candidates must be refunded to the persons who paid the deposits; and (b) the electoral commission must, by gazette notice, fix a new polling day for the election.’. Page 124 2012 Act No. 33

Local Government and Other Legislation Amendment Act 2012 Part 5 Amendment of Parliament of Queensland Act 2001 [s 182] 182 Amendment of s 36 (Procedure on death of candidate when poll to be conducted) (1) Section 36(2) to (4)— renumber as section 36(3) to (5). (2) Section 36— omit, insert— ‘(2) Also, the Minister may, by gazette notice, direct that— (a) if subsection (1)(a) applies—all proceedings for the election of councillors of the local government start again; or (b) if subsection (1)(b) applies—proceedings for holding an election of the mayor of the local government start again; or (c) if subsection (1)(c) applies— (i) proceedings for holding an election of the mayor of the local government start again; and (ii) proceedings for the election of councillors for the other divisions of the local government start again.’. Part 5 Amendment of Parliament of Queensland Act 2001 183 Act amended This part amends the Parliament of Queensland Act 2001. 184 Amendment of s 68 (Effect of election on particular candidates) Section 68(1), notes, item 2— 2012 Act No. 33 Page 125

Local Government and Other Legislation Amendment Act 2012 Part 6 Amendment of Public Sector Ethics Act 1994 [s 185] omit, insert— ‘2 Under the Local Government Act 2009 , section 155(3), a councillor of a local government (which by definition includes the mayor) ceases to be a councillor if the councillor becomes a member of the Legislative Assembly. See also the City of Brisbane Act 2010 , section 155(3).’. Part 6 Amendment of Public Sector Ethics Act 1994 185 Act amended This part amends the Public Sector Ethics Act 1994. 186 Amendment of schedule (Dictionary) Schedule, definition public sector entity , paragraph (g)— omit, insert— ‘(g) a corporation owned by a local government, or a subsidiary of a corporation owned by a local government;’. Part 7 Amendment of Public Service Act 2008 187 Act amended This part amends the Public Service Act 2008. 188 Amendment of s 24 (What is a government entity ) Section 24(2)(b)— Page 126 2012 Act No. 33

Local Government and Other Legislation Amendment Act 2012 Part 8 Amendment of Right to Information Act 2009 [s 189] omit, insert— ‘(b) a corporation owned by a local government, or a subsidiary of a corporation owned by a local government;’. Part 8 Amendment of Right to Information Act 2009 189 Act amended This part amends the Right to Information Act 2009. 190 Amendment of s 113 (Disciplinary action) Section 113(3), definition responsible Minister , paragraph (c)— omit, insert— ‘(c) in relation to another local government—the Minister administering the Local Government Act 2009 ; or’. 191 Amendment of sch 3 (Exempt information) Schedule 3, section 4A(2)— omit, insert— ‘(2) Subsection (1) does not apply to— (a) information officially published by decision of the council; or (b) if the council delegates a power to the committee under the City of Brisbane Act 2010 , section 238—information relating to the delegation or the power to be exercised under the delegation.’. 2012 Act No. 33 Page 127

Local Government and Other Legislation Amendment Act 2012 Part 9 Minor and consequential amendments [s 192] Part 9 Minor and consequential amendments 192 Acts amended The schedule amends the Acts it mentions. Page 128 2012 Act No. 33

Schedule Local Government and Other Legislation Amendment Act 2012 Schedule Acts amended section 192 City of Brisbane Act 2010 1 Section 150, examples, ‘180(12)’— omit, insert — ‘183A(2)’. Judicial Review Act 1991 1 Section 18B— omit. Libraries Act 1988 1 Section 55(3), ‘ City of Brisbane Act 1924 ’— omit, insert — ‘ City of Brisbane Act 2010 ’. Local Government Act 2009 1 Section 150A, example, ‘177(12)(a)’— omit, insert — ‘181A(2)(a)’. 2012 Act No. 33 Page 129

Local Government and Other Legislation Amendment Act 2012 Schedule 2 Section 153(5), ‘172, 174(3)’— omit, insert — ‘172’. 3 Section 255, before ‘121’— insert — ‘38AB,’. Public Interest Disclosure Act 2010 1 Section 18— omit . 2 Section 26, definition public sector entity — omit, insert — ‘ public sector entity includes a GOC.’. 3 Section 43(3), definition public sector entity — omit, insert — ‘ public sector entity includes a GOC.’. 4 Section 46(4), definition public officer — omit, insert — ‘ public officer includes an employee of a GOC.’. 5 Section 57, definition public sector entity , paragraph (a)— omit, insert — ‘(a) includes a GOC; and’. Page 130 2012 Act No. 33

Local Government and Other Legislation Amendment Act 2012 Schedule 6 Section 64(2)(a), ‘government, corporate entity’— omit, insert — ‘government’. 7 Section 66(3), definition proper authority — omit, insert — ‘ proper authority includes a GOC.’. 8 Section 71(4), definition public sector entity — omit, insert — ‘ public sector entity includes a GOC.’. 9 Schedule 4, definition corporate entity — omit. Transport Infrastructure Act 1994 1 Section 89(2), ‘ City of Brisbane Act 1924 ’— omit, insert — ‘ City of Brisbane Act 2010 ’. 2 Section 105K(b) and (c)— omit, insert — ‘(b) the Local Government (Finance,PlansandReporting)Regulation 2010 , section 176; (c) the CityofBrisbane(Finance,PlansandReporting)Regulation 2010 , section 171.’. 2012 Act No. 33 Page 131

Local Government and Other Legislation Amendment Act 2012 Schedule 3 Section 105ZA(1), ‘ City of Brisbane Act 1924 ’— omit, insert — ‘ City of Brisbane Act 2010 ’. © State of Queensland 2012 Page 132 2012 Act No. 33