Local Government and Other Legislation Amendment Act 2015 (Qld)

Queensland Local Government and Other Legislation Amendment Act 2015 Act No. 6 of 2015

Queensland Local Government and Other Legislation Amendment Act 2015 Contents Part 1 1 Part 2 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Amendment of Local Government Electoral Act 2011 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Replacement of s 9 (Returning officer). . . . . . . . . . . . . . . . . . . . . 4 9 Returning officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Omission of s 9A (Responsibility of returning officers). . . . . . . . . 5 Amendment of s 10 (Assistant returning officers) . . . . . . . . . . . . 5 Amendment of s 12 (Issuing officers) . . . . . . . . . . . . . . . . . . . . . . 5 Omission of ss 12A and 12B . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Amendment of s 17 (Electoral commission or returning officer must compile voters roll) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Omission of s 24A (Plan for election) . . . . . . . . . . . . . . . . . . . . . . 6 Amendment of s 56 (Ballot papers for separate polls) . . . . . . . . . 6 Amendment of s 79 (Applications to cast postal votes in local government elections that are not postal ballot elections) . . . . . . 7 Amendment of s 80 (Distribution of ballot papers to electors for postal ballot elections) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Amendment of s 81 (Applications to cast postal votes in postal ballot elections) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Amendment of s 82 (Distribution of ballot papers to particular electors whose address has been omitted from electoral roll and to special postal voters). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Amendment of s 96A (Re-counting of votes) . . . . . . . . . . . . . . . . 8 Amendment of s 145 (Restrictions on particular orders) . . . . . . . 8 Amendment of s 163 (Evidentiary provisions) . . . . . . . . . . . . . . . 9 Amendment of s 179 (Giving of how-to-vote cards to electoral commission) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

Local Government and Other Legislation Amendment Act 2015 Contents 19 20 21 Part 3 22 23 Part 4 24 25 Insertion of new pt 11, div 1, hdg . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new pt 11, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 211 By-elections and fresh elections. . . . . . . . . . . . . . . . . Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . Amendment of Heavy Vehicle National Law Act 2012 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 2 (Commencement) . . . . . . . . . . . . . . . . . . . . . Amendment of QueenslandReconstructionAuthorityAct2011 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Omission of pt 11 (Expiry of Act) . . . . . . . . . . . . . . . . . . . . . . . . . 9 9 10 10 11 11 11 11 Page 2 2015 Act No. 6

Queensland Local Government and Other Legislation Amendment Act 2015 Act No. 6 of 2015 An Act to amend the Heavy Vehicle National Law Act 2012, the LocalGovernment Electoral Act 2011 and the Queensland ReconstructionAuthority Act 2011 for particular purposes [Assented to 11 June 2015]

Local Government and Other Legislation Amendment Act 2015 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 2015 . Part 2 Amendment of Local Government Electoral Act 2011 2 Act amended This part amends the Local Government Electoral Act 2011. 3 Replacement of s 9 (Returning officer) Section 9— omit, insert— 9 Returning officers (1) The returning officer for an election is responsible for the proper conduct of the election. (2) The electoral commission may appoint a person as the returning officer for an election. (3) A person must not be appointed under subsection (2) if the person is— (a) a minor; or (b) a member of a political party; or Page 4 2015 Act No. 6

Local Government and Other Legislation Amendment Act 2015 Part 2 Amendment of Local Government Electoral Act 2011 [s 4] (c) the chief executive officer of the local government for which the election is to be held. (4) Despite subsection (3)(c), the electoral commission may appoint the chief executive officer of the local government as the returning officer if— (a) the chief executive officer is not a member of a political party; and (b) the electoral commission considers the chief executive officer is the only person with experience in conducting elections who is reasonably available to be appointed as the returning officer. (5) The returning officer must comply with a direction given by the electoral commission for the proper conduct of the election. 4 Omission of s 9A (Responsibility of returning officers) Section 9A— omit . 5 Amendment of s 10 (Assistant returning officers) (1) Section 10(2)— omit, insert — (2) The electoral commission may appoint a person as an assistant returning officer for an election. (2) Section 10(4), ‘CEO returning officer or’— omit . 6 Amendment of s 12 (Issuing officers) Section 12(2) to (4)— 2015 Act No. 6 Page 5

Local Government and Other Legislation Amendment Act 2015 Part 2 Amendment of Local Government Electoral Act 2011 [s 7] omit, insert — (2) An issuing officer must be a member of the staff of the electoral commission mentioned in the Electoral Act 1992 , section 29. 7 Omission of ss 12A and 12B Sections 12A and 12B— omit . 8 Amendment of s 17 (Electoral commission or returning officer must compile voters roll) (1) Section 17, heading, ‘Electoral commission or returning’— omit, insert — Returning (2) Section 17(1)— omit, insert— (1) The returning officer for an election must compile a roll of persons entitled to vote at the election (the voters roll ). (3) Section 17(3), from ‘If’ to ‘an’, first mention— omit, insert— An 9 Omission of s 24A (Plan for election) Section 24A— omit . 10 Amendment of s 56 (Ballot papers for separate polls) Section 56(2)— omit, insert — Page 6 2015 Act No. 6

Local Government and Other Legislation Amendment Act 2015 Part 2 Amendment of Local Government Electoral Act 2011 [s 11] (2) The returning officer may decide to use separate ballot papers or combined ballot papers for the poll. 11 Amendment of s 79 (Applications to cast postal votes in local government elections that are not postal ballot elections) Section 79(5)— omit , insert — (5) The things given to an elector under subsection (4) must be accompanied by an unsealed reply paid post envelope addressed to the returning officer at the returning officer’s postal address and bearing the words ‘Ballot Paper’. 12 Amendment of s 80 (Distribution of ballot papers to electors for postal ballot elections) Section 80(2)(a)— omit, insert — (a) be accompanied by an unsealed reply paid post envelope addressed to the returning officer at the returning officer’s postal address and bearing the words ‘Ballot Paper’; and 13 Amendment of s 81 (Applications to cast postal votes in postal ballot elections) Section 81(6)— omit, insert — (6) The things given to a person under subsection (5) must be accompanied by an unsealed reply paid post envelope addressed to the returning officer at the returning officer’s postal address and bearing the words ‘Ballot Paper’. 2015 Act No. 6 Page 7

Local Government and Other Legislation Amendment Act 2015 Part 2 Amendment of Local Government Electoral Act 2011 [s 14] 14 Amendment of s 82 (Distribution of ballot papers to particular electors whose address has been omitted from electoral roll and to special postal voters) (1) Section 82(1), ‘relevant entity’— omit, insert— returning officer (2) Section 82(1)(d)— omit, insert— (d) an unsealed reply paid post envelope addressed to the returning officer at the returning officer’s postal address and bearing the words ‘Ballot Paper’. (3) Section 82(3), ‘relevant entity’— omit, insert— returning officer (4) Section 82(4)— omit . 15 Amendment of s 96A (Re-counting of votes) Section 96A(4), ‘9A(2)’— omit, insert— 9(5) 16 Amendment of s 145 (Restrictions on particular orders) Section 145(2)(a)— omit, insert— (a) because of an absence or error of, or omission by, a member of the electoral commission’s staff that appears unlikely to have had the effect that a candidate elected Page 8 2015 Act No. 6

Local Government and Other Legislation Amendment Act 2015 Part 2 Amendment of Local Government Electoral Act 2011 [s 17] at an election would not have been elected; or 17 Amendment of s 163 (Evidentiary provisions) Section 163, ‘or a CEO returning officer’— omit . 18 Amendment of s 179 (Giving of how-to-vote cards to electoral commission) Section 179(6)(b), ‘local government’s’— omit, insert — electoral commission’s 19 Insertion of new pt 11, div 1, hdg Part 11, before section 210— insert— Division 1 Transitional provision inserted under Sustainable Planning and Other Legislation Amendment Act 2012 20 Insertion of new pt 11, div 2 Part 11— insert— Division 2 Transitional provision for Local Government and Other Legislation Amendment Act 2015 2015 Act No. 6 Page 9

Local Government and Other Legislation Amendment Act 2015 Part 2 Amendment of Local Government Electoral Act 2011 [s 21] 211 By-elections and fresh elections (1) This section applies if there is a CEO returning officer before the commencement for a by-election or fresh election. (2) The CEO returning officer continues as the returning officer for the by-election or fresh election. (3) A person appointed by a CEO returning officer as an electoral officer before the commencement continues as an electoral officer for the by-election or fresh election. (4) This Act as in force before the commencement continues to apply to the conduct of the by-election or fresh election. (5) In this section— CEO returning officer means a person who is a CEO returning officer under section 9 as in force before the commencement. 21 Amendment of schedule (Dictionary) (1) Schedule, definition, CEO returning officer— omit. (2) Schedule, definition, electoral officer , from ‘officer, issuing’ — omit, insert— officer or issuing officer. Page 10 2015 Act No. 6

Part 3 Local Government and Other Legislation Amendment Act 2015 Part 3 Amendment of Heavy Vehicle National Law Act 2012 [s 22] Amendment of Heavy Vehicle National Law Act 2012 22 Act amended This part amends the Heavy Vehicle National Law Act 2012 . 23 Amendment of s 2 (Commencement) Section 2(2)— omit , insert — (2) However, if no day has been fixed by 1 July 2018, the Act commences on that day. (3) The Acts Interpretation Act 1954 , section 15DA does not apply to this Act. Part 4 Amendment of Queensland Reconstruction Authority Act 2011 24 Act amended This part amends the QueenslandReconstructionAuthorityAct 2011 . 25 Omission of pt 11 (Expiry of Act) Part 11— omit . 2015 Act No. 6 © State of Queensland 2015 Authorised by the Parliamentary Counsel Page 11