Local Government and Other Legislation (Indigenous Regional Councils) Amendment Act 2007 (Qld)

Queensland Local Government and Other Legislation (Indigenous Regional Councils) Amendment Act 2007 Act No. 59 of 2007

Queensland Local Government and Other Legislation (Indigenous Regional Councils) Amendment Act 2007 Contents Part 1 1 2 Part 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Amendment of Aboriginal Communities (Justice and LandMatters) Act 1984 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Amendment of long title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Amendment of s 1 (Short title) . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Amendment of s 8 (Delegation by Minister or chief executive). . . 16 Amendment of pt 3 hdg and pt 3, div 1, hdg . . . . . . . . . . . . . . . . 17 Insertion of new s 8A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 8A Definition for div 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Amendment of s 9 (Jurisdiction and powers of police) . . . . . . . . . 17 Amendment of s 10 (Entry upon community government areas etc.) .......................................... 18 Amendment of s 11 (Application to community government areas of laws relating to public places). . . . . . . . . . . . . . . . . . . . . 18 Amendment of s 12 (Aboriginal police) . . . . . . . . . . . . . . . . . . . . 18 Amendment of s 13 (Discharge of Aboriginal police officers’ functions etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Amendment of s 14 (Other functions of Aboriginal police officers) 19 Amendment of s 15 (Indemnification of Aboriginal police officer for liability for tort) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Amendment of s 16 (Authorised officers) . . . . . . . . . . . . . . . . . . . 20 Amendment of s 17 (General powers of authorised officers) . . . . 21

2 Local Government and Other Legislation (Indigenous No. 59, 2007 Regional Councils) Amendment Act 2007 19 Amendment of s 19 (Functions and powers) . . . . . . . . . . . . . . . . 21 20 Amendment of s 20 (Membership) . . . . . . . . . . . . . . . . . . . . . . . . 22 21 Replacement of s 21 (Criminal history checks) . . . . . . . . . . . . . . 22 21 Investigations about suitability of community justice group members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 21A Guidelines for dealing with suitability information. . . . 24 22 Amendment of s 22 (Coordinator) . . . . . . . . . . . . . . . . . . . . . . . . 24 23 Amendment of s 23 (Authentication of documents) . . . . . . . . . . . 24 24 Amendment of s 27 (Definitions for pt 5) . . . . . . . . . . . . . . . . . . . 25 25 Amendment of s 28 (Declaration). . . . . . . . . . . . . . . . . . . . . . . . . 25 26 Amendment of s 30 (Objections and supporting submissions) . . 25 27 Amendment of s 48 (Definitions for pt 6) . . . . . . . . . . . . . . . . . . . 25 28 Amendment of s 50 (Entry on trust area etc. by non-residents). . 26 29 Amendment of s 51 (Notice about resolution) . . . . . . . . . . . . . . . 27 30 Amendment of s 52 (Community government may impose restrictions on entry etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 31 Amendment of s 53 (General authority to enter etc. trust area) . . 27 32 Amendment of s 55 (Removal from trust area) . . . . . . . . . . . . . . 27 33 Amendment of pt 7 hdg (Assistance sought by Aborigines). . . . . 28 34 Amendment of s 56 (Grant of aid) . . . . . . . . . . . . . . . . . . . . . . . . 28 35 Amendment of s 57 (Deposit of savings with banker) . . . . . . . . . 28 36 Amendment of s 58 (Continuation of management of money) . . . 29 37 Amendment of s 60 (Administration of Aborigines’ estates). . . . . 29 38 Insertion of new pt 7A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Part 7A Island Industries Board 60A The IIB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 60B Functions of IIB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 60C Membership of IIB . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 60D Appointment to membership of IIB . . . . . . . . . . . . . . . 31 60E Chairperson of IIB . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 60F Deputy chairperson of IIB. . . . . . . . . . . . . . . . . . . . . . 32 60G Term of appointment. . . . . . . . . . . . . . . . . . . . . . . . . . 33 60H Disqualification from membership . . . . . . . . . . . . . . . 33 60I Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 60J When notice of resignation takes effect . . . . . . . . . . . 34 60K Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . 34 60L Times and places of meetings . . . . . . . . . . . . . . . . . . 34

3 Local Government and Other Legislation (Indigenous No. 59, 2007 Regional Councils) Amendment Act 2007 60M Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 60N Presiding at meetings. . . . . . . . . . . . . . . . . . . . . . . . . 34 60O Conduct of meetings . . . . . . . . . . . . . . . . . . . . . . . . . 35 60P Minutes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 60Q Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . 36 60R Officers and employees . . . . . . . . . . . . . . . . . . . . . . . 37 60S Powers of IIB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 60T IIB is statutory body . . . . . . . . . . . . . . . . . . . . . . . . . . 38 60U Audit of IIB’s accounts . . . . . . . . . . . . . . . . . . . . . . . . 38 60V Annual report by IIB . . . . . . . . . . . . . . . . . . . . . . . . . . 39 60W Administrator may replace IIB members . . . . . . . . . . 39 60X Applying profits of IIB . . . . . . . . . . . . . . . . . . . . . . . . . 39 60Y Applying assets of IIB. . . . . . . . . . . . . . . . . . . . . . . . . 40 39 Amendment of s 61 (Aborigines’ right to certain natural resources) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 40 Amendment of s 62 (Aborigines’ right to certain forest products and quarry material—Aboriginal land) . . . . . . . . . . . . . . . . . . . . . 41 41 Amendment of s 63 (Aborigines’ right to certain forest products and quarry material—non-Aboriginal land) . . . . . . . . . . . . . . . . . 42 42 Insertion of new s 63A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 63A Confidentiality. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 43 Amendment of s 66 (Making local laws about particular matters) 44 44 Amendment of s 67 (Evidentiary aids) . . . . . . . . . . . . . . . . . . . . . 44 45 Amendment of s 71 (Regulation-making power) . . . . . . . . . . . . . 44 46 Replacement of pt 10 (Validating provisions) . . . . . . . . . . . . . . . . 45 Part 10 Transitional provisions for Local Government and Other Legislation (Indigenous Regional Councils) Amendment Act 2007 79 Definitions for pt 10. . . . . . . . . . . . . . . . . . . . . . . . . . . 46 80 ICC dissolved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 81 Regulation to provide for matters relating to dissolution of ICC . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 82 Aboriginal and Island police officers. . . . . . . . . . . . . . 47 83 Transitional provision for IIB . . . . . . . . . . . . . . . . . . . . 47 84 Community justice groups for Injinoo, New Mapoon and Umagico community government areas . . . . . . . 48 85 Community justice groups for relevant Bamaga and Seisia areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49

Part 3 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 Part 4 65 66 67 Part 5 68 69 70 4 Local Government and Other Legislation (Indigenous No. 59, 2007 Regional Councils) Amendment Act 2007 Amendment of Aborigines and Torres Strait Islanders (LandHolding) Act 1985 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 4 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 10 (Divesting and vesting of title to land) . . . . . Amendment of s 16 (Assessment of rent) . . . . . . . . . . . . . . . . . . Amendment of s 17 (Payment of rent) . . . . . . . . . . . . . . . . . . . . . Amendment of s 18 (Dealings with leases) . . . . . . . . . . . . . . . . . Amendment of s 21 (Forfeiture upon default in rent) . . . . . . . . . . Amendment of s 22 (Action upon nonoccupation) . . . . . . . . . . . . Amendment of s 23 (Action upon nonutilisation) . . . . . . . . . . . . . Amendment of s 25 (Procedure upon forfeiture) . . . . . . . . . . . . . Amendment of s 27 (Consequences of forfeiture) . . . . . . . . . . . . Amendment of s 28 (Appeal against classification of as nonqualified person). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 29 (Nomination of panels) . . . . . . . . . . . . . . . . . Amendment of s 30 (Constitution of appeal tribunals) . . . . . . . . . Amendment of s 31 (Representations to council or appeals tribunal) ...................................... Amendment of s 32 (Land deemed part of trust area for certain purposes) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new s 32A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32A Visiting justices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 33B (Transitional) . . . . . . . . . . . . . . . . . . . . . . . Amendment of Bail Act 1980 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 6 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new ss 34C–34E . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34C Access to court files by representative of community justice group in defendant’s community . . . . . . . . . . . 34D Confidentiality. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34E Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Criminal CodeAct amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 119B (Retaliation against judicial officer, juror, witness or family) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 552C (Constitution of Magistrates Court) . . . . . 50 50 52 52 52 53 53 53 53 53 54 54 54 54 55 55 55 55 56 56 56 56 56 57 58 59 59 60

Part 6 71 72 Part 7 73 74 Part 8 75 76 77 78 79 80 Part 9 81 82 83 84 85 Part 10 86 87 88 89 90 91 Part 11 92 5 Local Government and Other Legislation (Indigenous No. 59, 2007 Regional Councils) Amendment Act 2007 Amendment of Indigenous Communities Liquor LicencesAct 2002 Act amended in pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . Amendment of Justices of the Peace and Commissionersfor Declarations Act 1991 Act amended in pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 35 (Prohibition on reward) . . . . . . . . . . . . . . . . . Amendment of Juvenile Justice Act 1992 Act amended in pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 285 (When does someone gain information through involvement in the administration of this Act) . . . . . . . . . Amendment of s 289 (Recording, use or disclosure for authorised purpose) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new s 289A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 289A Disclosure to another member of the community justice group in a child’s community . . . . . . . . . . . . . . Insertion of new s 301A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 301A Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Liquor Act 1992 Act amended in pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 174A (Powers of Aboriginal and Island police officers) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 176 (Entry and search—monitoring compliance) Amendment of s 187EB (Forfeiture of seized property to prevent commission of particular offences—chief executive) . . . . . . . . . . Amendment of LocalGovernment(AboriginalLands)Act1978 Act amended in pt 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 2 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 14 (Composition of committees) . . . . . . . . . . . . Amendment of s 17 (Functions of committees) . . . . . . . . . . . . . . Insertion of new s 18A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18A Application of pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . Replacement of sch 1 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of LocalGovernmentAct1993 Act amended in pt 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 60 61 61 62 62 62 63 63 63 63 64 64 64 65 66 66 67 67 67 67 68 68 68 68

93 94 95 96 97 98 99 100 101 101A 102 103 104 105 106 6 Local Government and Other Legislation (Indigenous No. 59, 2007 Regional Councils) Amendment Act 2007 Omission of ch 1, pt 6 (Application of Act to Torres Strait Islander local governments) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 18 (Declaration of classes of local government areas) .............................. Omission of s 40 (Application of part to Torres Strait Islander local governments) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Omission of s 56 (Application of part to Torres Strait Islander local governments) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Omission of ch 2A (Townsville-Thuringowa water supply joint board) ........................................ Amendment of s 159YA (Application of pt 1B) . . . . . . . . . . . . . . . Amendment of s 159YD (Definitions for pt 1B). . . . . . . . . . . . . . . Amendment of s 159YE (Changeover day) . . . . . . . . . . . . . . . . . Insertion of new s 159YHA. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159YHA Particular entities go out of existence. . . . . . . . . . . . . Amendment of s 159YJ (Operation of sch 1A, pt 2) . . . . . . . . . . . Amendment of s 159ZB (Functions of interim chief executive officer before changeover day) . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 159ZH (Local government workforce transition code of practice) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 159ZK (Holding of 2008 quadrennial elections) Amendment of s 159ZM (Changed application of s 220 for Northern Peninsula Area and Torres Strait Island regional councils) .............................. Insertion of new ch 3, pt 1C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 1C Particular provisions for implementation of reform matters for indigenous regional councils Division 1 Preliminary 159ZZB Application of pt 1B definitions . . . . . . . . . . . . . . . . . . 159ZZC Definitions for pt 1C . . . . . . . . . . . . . . . . . . . . . . . . . . Division 2 Torres Strait Island Regional Council 159ZZD Particular entities go out of existence. . . . . . . . . . . . . 159ZZE TSIRC jurisdiction extends to Island custom . . . . . . . 159ZZF Changed application of ss 220 and 254 . . . . . . . . . . . Division 3 Northern Peninsula Area Regional Council 159ZZG Particular entities go out of existence. . . . . . . . . . . . . 159ZZH NPARC jurisdiction extends to Aboriginal tradition and Island custom . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 4 Indigenous regional councils generally 68 69 69 69 69 69 69 70 70 70 70 71 71 71 72 72 72 73 73 73 73 74 75

7 Local Government and Other Legislation (Indigenous No. 59, 2007 Regional Councils) Amendment Act 2007 Subdivision 1 Community forums 159ZZI Function of community forum . . . . . . . . . . . . . . . . . . . 159ZZJ Establishing community forums . . . . . . . . . . . . . . . . . 159ZZK Mayor or mayoral candidate ineligible for community forum membership . . . . . . . . . . . . . . . . . . . . . . . . . . . 159ZZL Payment of expenses to ordinary members of community forum . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159ZZM Community forum convenor . . . . . . . . . . . . . . . . . . . . 159ZZN Functions of community forum convenor . . . . . . . . . . 159ZZO Meetings open to public . . . . . . . . . . . . . . . . . . . . . . . Subdivision 2 Management of community deeds of grant in trust 159ZZP Indigenous regional council as trustee of community deed of grant in trust . . . . . . . . . . . . . . . . . . . . . . . . . 159ZZQ Restrictions on exercise of indigenous regional council’s powers as trustee under LandAct . . . . . . . . 159ZZR Mayor does not vote at meetings of trustee . . . . . . . . 159ZZS Community forum constituted as land panel . . . . . . . 159ZZT Convenor for land panel ............... 159ZZU Functions of convenor for land panel ..... 159ZZV Trustee decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159ZZW Land panel participation in making of trustee decision 159ZZX Special requirements for absolute majority and for agreement of councillor for relevant division . . . . . . . 159ZZY Seeking advice and views other than about trustee decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159ZZZ Meetings of trustee to be open to the public unless otherwise resolved . . . . . . . . . . . . . . . . . . . . . . . . . . . 159ZZZA Grouping of trust land not available . . . . . . . . . . . . . . Subdivision 3 Other matters 159ZZZB Extended jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . 159ZZZC Additional reasons for appointment of financial controller ............................. 159ZZZD Revocation or suspension of particular resolutions or orders .............................. 159ZZZE Councillor to chair community forum . . . . . . . . . . . . . 159ZZZF Special accounting provision for particular payments 159ZZZG Power of indigenous regional council to make and levy charge on residents. . . . . . . . . . . . . . . . . . . . . . . 159ZZZH Limited application of ch 14 . . . . . . . . . . . . . . . . . . . . 76 76 77 78 78 79 79 79 80 80 80 81 81 82 82 83 84 85 85 86 86 86 88 88 88 89

8 Local Government and Other Legislation (Indigenous No. 59, 2007 Regional Councils) Amendment Act 2007 159ZZZI Disposal of land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 107 Amendment of s 188B (Appointment of financial controller) . . . . 89 108 Omission of s 190 (Application of part to Torres Strait Islander local governments) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 109 Amendment of s 191 (Local Government Grants Commission and its members) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 110 Amendment of s 242 (Requirements of councillors before acting in office) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 111 Amendment of s 250AK (Deciding remuneration) . . . . . . . . . . . . 90 112 Amendment of s 250AN (Conduct of inquiries) . . . . . . . . . . . . . . 91 113 Amendment of s 250B (Definitions for pt 3A) . . . . . . . . . . . . . . . . 91 114 Insertion of new s 284AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 284AA Non-application of part to indigenous regional councils ............................. 92 115 Amendment of s 318 (Direction that poll be conducted by postal ballot) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 116 Amendment of s 346A (Distribution of ballot papers to certain electors who may cast declaration vote) . . . . . . . . . . . . . . . . . . . 92 117 Amendment of s 347 (Distribution of ballot papers to other electors who may or must cast declaration vote) . . . . . . . . . . . . . 92 118 Amendment of s 349 (Distribution of ballot papers to electors for postal ballot election). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 119 Amendment of s 444 (Other meetings) . . . . . . . . . . . . . . . . . . . . 93 120 Amendment of s 450 (Notice of meetings) . . . . . . . . . . . . . . . . . . 93 121 Omission of s 465 (Public notice of resolution authorising remuneration etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 122 Amendment of s 472 (Delegation by local government). . . . . . . . 93 123 Insertion of new s 493A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 493A Non-application of part to indigenous regional councils ............................ 94 124 Insertion of new ch 6, pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 Part 6 Miscellaneous 501G Prohibition on loans to individuals . . . . . . . . . . . . . . . 94 125 Omission of s 1193C (Application to Torres Strait Islander local governments) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 126 Insertion of new ch 19, pt 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 Part 14 Transitional provisions for Local GovernmentandOtherLegislation(IndigenousRegionalCouncils)AmendmentAct2007 Division 1 Preliminary

127 128 Part 12 129 130 131 132 9 Local Government and Other Legislation (Indigenous No. 59, 2007 Regional Councils) Amendment Act 2007 1277 Application of ch 3, pt 1B definitions . . . . . . . . . . . . . 1278 Definitions for pt 14. . . . . . . . . . . . . . . . . . . . . . . . . . . Division 2 Torres Strait Island Regional Council 1279 Amounts loaned to individuals . . . . . . . . . . . . . . . . . . 1280 Delayed application of ch 7 to TSIRC. . . . . . . . . . . . . 1281 TSIRC becomes trustee for deeds of grant in trust for particular Island council areas. . . . . . . . . . . . . . . . 1282 Local laws and subordinate local laws for local government area of TSIRC . . . . . . . . . . . . . . . . . . . . 1283 Continued application of rates and other charges . . . Division 3 Northern Peninsula Area Regional Council 1284 Amounts loaned to individuals . . . . . . . . . . . . . . . . . . 1285 Delayed application of ch 7 to NPARC . . . . . . . . . . . . 1286 NPARC becomes trustee for deeds of grant in trust for particular Island council and community government areas . . . . . . . . . . . . . . . . . . . . . . . . 1287 Local laws and subordinate local laws for local government area of NPARC . . . . . . . . . . . . . . . . . . . . 1288 Continued application of rates and other charges under repealed Torres Strait Act. . . . . . . . . . . . . . . . . 1289 Continued application of charges under Community Government Areas Act . . . . . . . . . . . . . . . . . . . . . . . . Division 4 Indigenous regional councils generally 1290 Delayed application of ch 6, pts 3 and 5. . . . . . . . . . . Division 5 Remuneration schedule 1291 Remuneration schedule for 2008 . . . . . . . . . . . . . . . . Division 6 Miscellaneous 1292 Transitional provision for repeal of ch 2A . . . . . . . . . . 1293 Special provisions for liquor licences and permits . . . Amendment of sch 1A (Local government reform implementation) .............................. Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Local Government (Community GovernmentAreas)Act2004 Act amended in pt 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Omission of s 5 (Notes in text) . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of pt 2 hdg (New local government areas and local governments) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Omission of pt 2, div 1 (Declaration of new local government areas and establishment of new local governments) . . . . . . . . . . 95 95 95 96 96 97 98 99 100 100 102 103 104 104 105 105 105 106 107 108 108 109 109

133 133A 133B 133C 134 135 Part 13 136 137 138 139 Part 14 140 141 142 Part 15 143 144 145 146 147 148 10 Local Government and Other Legislation (Indigenous No. 59, 2007 Regional Councils) Amendment Act 2007 Amendment of s 22 (Appointment of financial controller). . . . . . . Omission of s 38 (Power of community government to lend an amount to an adult resident). . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of pt 8, div 2, hdg (Other transitional provisions) . . . Insertion of new pt 8, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 Amounts loaned to individuals . . . . . . . . . . . . . . . . . . Omission of sch 2 (Declaration of new local government areas) . Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of PenaltiesandSentencesAct1992 Act amended in pt 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 6 (Application to children and certain courts) . . Amendment of s 9 (Sentencing guidelines) . . . . . . . . . . . . . . . . . Insertion of new ss 195B–195D . . . . . . . . . . . . . . . . . . . . . . . . . . 195B Access to court files by representative of community justice group in offender’s community . . . . . . . . . . . . 195C Confidentiality. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195D Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Valuation of Land Act 1944 Act amended in pt 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 2 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new pt 8, div 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 1A Special arrangements for implementation of local government reform 75K Definitions for div 1A. . . . . . . . . . . . . . . . . . . . . . . . . . 75L Continuation of valuation . . . . . . . . . . . . . . . . . . . . . . 75M Valuation operations may be based on existing local government boundaries . . . . . . . . . . . . . . . . . . . 75N Local governments for new or adjusted local government areas . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of WaterAct2000 Act amended in pt 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 25A (Meaning of water supply emergency). . . . Amendment of s 341 (What is the SEQ region) . . . . . . . . . . . . . . Amendment of s 599 (Composition of board for Gladstone Area Water Board) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 1037A (Other continuing authorities) . . . . . . . . Amendment of s 1041 (Completed water allocation and management plans) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 109 109 109 110 110 110 111 112 112 112 112 113 114 114 114 115 115 116 116 116 117 117 117 118 118 118

11 Local Government and Other Legislation (Indigenous No. 59, 2007 Regional Councils) Amendment Act 2007 149 Part 16 150 151 Part 17 152 Schedule Insertion of new ch 9, pt 5, div 10. . . . . . . . . . . . . . . . . . . . . . . . . Division 10 Transitional provisions for Local Government and Other Legislation (Indigenous Regional Councils) Amendment Act 2007 1156 Definitions for div 10 . . . . . . . . . . . . . . . . . . . . . . . . . . 1157 Particular new and adjusted local governments taken to be service providers . . . . . . . . . . . . . . . . . . . 1158 New and adjusted local governments must give regulator service provider documents . . . . . . . . . . . . 1159 Amending the register of service providers . . . . . . . . 1160 Declaration of service areas. . . . . . . . . . . . . . . . . . . . Repeals Repeal of Community Services (Torres Strait) Act 1984 . . . . . . . Repeal of NambourLibraryAct1973 . . . . . . . . . . . . . . . . . . . . . . Consequential and minor amendments Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Consequential and minor amendments . . . . . . . . . . . . . . . . . ActsInterpretationAct1954 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CoastalProtectionandManagementAct1995 . . . . . . . . . . . . . . DomesticandFamilyViolenceProtectionAct1989. . . . . . . . . . . ElectoralAct1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FinancialAdministrationandAuditAct1977 . . . . . . . . . . . . . . . . FreedomofInformationAct1992 . . . . . . . . . . . . . . . . . . . . . . . . . HousingAct2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IntegratedPlanningAct1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . . JudicialReviewAct1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LocalGovernment(ChinatownandTheValleyMalls)Act1984 . OmbudsmanAct2001 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PolicePowersandResponsibilitiesAct2000 . . . . . . . . . . . . . . . . ProstitutionAct1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PublicSectorEthicsAct1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . RecreationAreasManagementAct2006 . . . . . . . . . . . . . . . . . . ResidentialTenanciesAct1994 . . . . . . . . . . . . . . . . . . . . . . . . . . SchoolsofArts(WindingUpandTransfer)Act1960 . . . . . . . . . . SouthernMoretonBayIslandsDevelopmentEntitlementsProtection Act 2004 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Torres Strait Islander Land Act 1991 . . . . . . . . . . . . . . . . . . . . . . 119 119 119 120 121 121 122 122 122 123 123 124 124 124 125 125 125 126 126 126 128 128 130 131 132 132 132 133 133

Queensland Local Government and Other Legislation (Indigenous Regional Councils) Amendment Act 2007 Act No. 59 of 2007 An Act to make provision for indigenous regional councils and for other purposes [Assented to 22 November 2007]

s 1 14 s 4 Local Government and Other Legislation (Indigenous No. 59, 2007 Regional Councils) Amendment Act 2007 The Parliament of Queensland enacts— Part 1 Preliminary 1 Short title This Act may be cited as the Local Government and Other Legislation (Indigenous Regional Councils) Amendment Act 2007 . 2 Commencement The provisions of this Act, other than the following provisions, commence on a day to fixed by proclamation— (a) part 11, other than sections 93, 95 to 97, 108, 109, 113, 114, 120 and 122 to 125; (b) part 17, and the schedule to the extent it amends the JudicialReviewAct1991 and the LocalGovernment(Chinatown and The Valley Malls) Act 1984 . Part 2 Amendment of Aboriginal Communities (Justice and Land Matters) Act 1984 3 Act amended in pt 2 This part amends the AboriginalCommunities(JusticeandLand Matters) Act 1984. 4 Amendment of long title Long title, ‘government’— omit .

s 5 15 s 6 Local Government and Other Legislation (Indigenous No. 59, 2007 Regional Councils) Amendment Act 2007 5 Amendment of s 1 (Short title) Section 1, from ‘may be cited as’— omit, insert — ‘may be cited as the AboriginalandTorresStraitIslanderCommunities (Justice, Land and Other Matters) Act 1984 .’. 6 Amendment of s 4 (Definitions) (1) Section 4, definitions Aboriginal land , Aboriginal police officer , Islander and non-Aboriginal land — omit . (2) Section 4— insert — ‘ Aboriginal land means Aboriginal land under the AboriginalLand Act 1991 . appropriately qualified , in relation to a power, includes having the qualifications, experience or standing appropriate to exercise the power. Example of standing — a person’s classification level in the public service community police officer means a person appointed under section 12 as a community police officer for a community government area, IRC area or IRC division area. IIB means the Island Industries Board. indigenous regional council means TSIRC or NPARC. IRC area means the local government area of an indigenous regional council. IRC division area means a part of an IRC area that, under the Local Government Act 1993 , is one of the divisions into which the IRC area is divided for electoral purposes. NPARC means the Northern Peninsula Area Regional Council. relevant Bamaga area means the area that, immediately before the day that, under the Local Government Act 1993 , is

s 7 16 s 7 Local Government and Other Legislation (Indigenous No. 59, 2007 Regional Councils) Amendment Act 2007 the changeover day for NPARC, was the Bamaga council area under the repealed Torres Strait Act. relevant Seisia area means the area that, immediately before the day that, under the LocalGovernmentAct1993 , is the changeover day for NPARC, was the Seisia council area under the repealed Torres Strait Act. repealed Torres Strait Act means the CommunityServices(Torres Strait) Act 1984 as in force before its repeal under the Local Government and Other Legislation (Indigenous Regional Councils) Amendment Act 2007 . Torres Strait Islander land means Torres Strait Islander land under the Torres Strait Islander Land Act 1991 . TSC means the Torres Shire Council. TSIRC means the Torres Strait Island Regional Council.’. (3) Section 4, definition community area , after ‘Mornington’— insert — ‘or an IRC area, a part of an IRC area or an IRC division area’. (4) Section 4, definition local law , after ‘schedule’— insert — ‘2’. (5) Section 4, definition police officer in charge , after ‘community government area’— insert — ‘, IRC area or IRC division area’. 7 Amendment of s 8 (Delegation by Minister or chief executive) Section 8(2)— omit .

s 8 17 s 10 Local Government and Other Legislation (Indigenous No. 59, 2007 Regional Councils) Amendment Act 2007 8 Amendment of pt 3 hdg and pt 3, div 1, hdg Part 3, heading, and part 3, division 1, heading, after ‘government’— insert — ‘ and IRC ’. 9 Insertion of new s 8A Part 3, division 1— insert — ‘8A Definition for div 1 ‘In this division— IRC area includes an IRC division area.’. 10 Amendment of s 9 (Jurisdiction and powers of police) (1) Section 9(1), (2) and (4), after ‘community government’— insert — ‘or IRC’. (2) Section 9(3), ‘community government area’— omit, insert — ‘community government or IRC area’. (3) Section 9(3), ‘Aboriginal’— omit, insert — ‘community’. (4) Section 9(3), before ‘established’— insert — ‘or indigenous regional council’. (5) Section 9(3), ‘as if such local laws were part of the law of Queensland’— omit .

s 11 18 s 13 Local Government and Other Legislation (Indigenous No. 59, 2007 Regional Councils) Amendment Act 2007 11 Amendment of s 10 (Entry upon community government areas etc.) (1) Section 10, heading, after ‘community government’— insert — ‘ or IRC ’. (2) Section 10, ‘community government area’— omit, insert — ‘community government area or IRC area’. (3) Section 10(b), after ‘community government’— insert — ‘or indigenous regional council’. 12 Amendment of s 11 (Application to community government areas of laws relating to public places) (1) Section 11, heading, after ‘community government’— insert — ‘ or IRC ’. (2) Section 11(1) and (2), after ‘community government’— insert — ‘or IRC’. 13 Amendment of s 12 (Aboriginal police) (1) Section 12, heading, ‘Aboriginal police’— omit, insert — ‘ Community police officers ’. (2) Section 12(1), after ‘community government’— insert — ‘or IRC’. (3) Section 12(1), ‘Aboriginal’— omit, insert —

s 14 19 s 15 Local Government and Other Legislation (Indigenous No. 59, 2007 Regional Councils) Amendment Act 2007 ‘community’. (4) Section 12(2) and (4), after ‘community government’— insert — ‘or indigenous regional council’. 14 Amendment of s 13 (Discharge of Aboriginal police officers’ functions etc.) (1) Section 13, heading, ‘Aboriginal’— omit, insert — ‘ community ’. (2) Section 13(1), ‘Aboriginal’— omit, insert — ‘Community’. (3) Section 13(1), (2) and (4), ‘community government area’— omit, insert — ‘community government area or IRC area’. (4) Section 13 (1), after ‘the community government’— insert — ‘or indigenous regional council’. (5) Section 13(2), (3) and (5), ‘an Aboriginal’— omit, insert — ‘a community’. (6) Section 13(4), ‘Aboriginal’— omit, insert — ‘community’. 15 Amendment of s 14 (Other functions of Aboriginal police officers) (1) Section 14, ‘Aboriginal’—

s 16 20 s 17 Local Government and Other Legislation (Indigenous No. 59, 2007 Regional Councils) Amendment Act 2007 omit, insert — ‘community’. (2) Section 14, after ‘A community government’— insert — ‘or indigenous regional council’. (3) Section 14, ‘community government area’— omit, insert — ‘community government or IRC area’. 16 Amendment of s 15 (Indemnification of Aboriginal police officer for liability for tort) (1) Section 15, heading, ‘Aboriginal’— omit, insert — ‘ community ’. (2) Section 15, ‘an Aboriginal’— omit, insert — ‘a community’. 17 Amendment of s 16 (Authorised officers) (1) Section 16(1), ‘government may’— omit, insert — ‘government or indigenous regional council may’. (2) Section 16(1), ‘its community’— omit, insert — ‘its local’. (3) Section 16(1), ‘government specifies’— omit, insert — ‘government or indigenous regional council specifies’. (4) Section 16(2), ‘community’—

s 18 21 s 19 Local Government and Other Legislation (Indigenous No. 59, 2007 Regional Councils) Amendment Act 2007 omit, insert — ‘local’. (5) Section 16(2), ‘Aboriginal custom, tradition and belief’— omit, insert — ‘Aboriginal tradition or Island custom’. (6) Section 16(3), ‘land in the community’— omit, insert — ‘or Torres Strait Islander land in the local’. (7) Section 16(3), after ‘between the community government’— insert — ‘or indigenous regional council’. 18 Amendment of s 17 (General powers of authorised officers) (1) Section 17(1), ‘community’— omit, insert — ‘local’. (2) Section 17(1)(a), ‘an Aboriginal’— omit, insert — ‘a community’. 19 Amendment of s 19 (Functions and powers) Section 19(1)(b)— omit, insert — ‘(b) take part in court hearings and sentencing and bail processes as provided for in the BailAct1980 , the JuvenileJusticeAct1992 and the PenaltiesandSentences Act 1992 ; and (ba) develop networks with relevant agencies to ensure crime prevention, justice, community corrections and related

s 20 22 s 21 Local Government and Other Legislation (Indigenous No. 59, 2007 Regional Councils) Amendment Act 2007 issues impacting on indigenous communities are addressed; and (bb) support indigenous victims and offenders at all stages of the legal process; and’. 20 Amendment of s 20 (Membership) (1) Section 20— insert— ‘(1A) The members of each community justice group are to be appointed by the Minister by gazette notice.’. (2) Section 20(3), ‘must’— omit, insert — ‘must, to the greatest practicable extent,’. (3) Section 20— insert— ‘(4A) The Minister must, by gazette notice, revoke the appointment of a member of a community justice group if the Minister decides the member is no longer eligible or suitable for appointment to the membership of the community justice group.’. 21 Replacement of s 21 (Criminal history checks) Section 21— omit, insert — ‘21 Investigations about suitability of community justice group members ‘(1) The chief executive may make inquiries to decide whether a person is suitable for appointment as, or to continue as, a member of a community justice group. ‘(2) Without limiting subsection (1), the chief executive may ask the commissioner of the police service for the following information— (a) a written report about the person’s criminal history;

s 21 23 s 21 Local Government and Other Legislation (Indigenous No. 59, 2007 Regional Councils) Amendment Act 2007 (b) a brief description of the circumstances of any conviction mentioned in the criminal history. ‘(3) The commissioner of the police service must comply with a request under subsection (2). ‘(4) However, the chief executive may make a request about a person under subsection (2) only if the person has given the chief executive written consent for the request. ‘(5) If the person does not give the written consent to the chief executive, it is taken that the person is not suitable for appointment as, or to continue as, a member of a community justice group. ‘(6) The duty imposed on the commissioner of the police service to comply with the request applies only to information in the commissioner’s possession or to which the commissioner has access. ‘(7) The chief executive must ensure information given to the chief executive under subsection (3) is destroyed as soon as practicable after it is no longer needed for the purpose for which it was requested. ‘(8) The chief executive must give the person a copy of information given to the chief executive under subsection (3). ‘(9) The chief executive may delegate the chief executive’s powers under this section to an appropriately qualified public service officer. ‘(10) In this section— criminal history , of a person, means the person’s criminal history as defined under the Criminal Law (Rehabilitation ofOffenders) Act 1986 , other than for a spent conviction. spent conviction means a conviction— (a) for which the rehabilitation period under the CriminalLaw (Rehabilitation of Offenders) Act 1986 has expired under that Act; and (b) that is not revived as prescribed by section 11 of that Act.

s 22 24 s 23 Local Government and Other Legislation (Indigenous No. 59, 2007 Regional Councils) Amendment Act 2007 ‘21A Guidelines for dealing with suitability information ‘(1) The chief executive must make guidelines, consistent with this Act, for dealing with information obtained by the chief executive under section 21. ‘(2) The purpose of the guidelines is to ensure— (a) natural justice is afforded to a person about whom the information is obtained; and (b) only relevant information is used in making decisions about a person’s membership of a community justice group ( membership decisions ); and (c) membership decisions, based on the information, are made consistently. ‘(3) The chief executive must give a copy of the guidelines to a person on request.’. 22 Amendment of s 22 (Coordinator) Section 22(1)— omit, insert — ‘(1) The community justice group for a community area must appoint a coordinator for the community justice group for the area. ‘(1A) However, if another incorporated entity has responsibility for the funding arrangements of the community justice group for the community area, the incorporated entity must appoint a coordinator for the community justice group for the area. ‘(1B) Before appointing a coordinator for the community justice group for the area under subsection (1A), the incorporated entity must consult with the community justice group about the proposed appointment.’. 23 Amendment of s 23 (Authentication of documents) Section 23, after ‘for the group’—

s 24 25 s 27 Local Government and Other Legislation (Indigenous No. 59, 2007 Regional Councils) Amendment Act 2007 insert — ‘and a member of the group’. 24 Amendment of s 27 (Definitions for pt 5) (1) Section 27, definition private place , paragraph (a), after ‘community council’— insert — ‘or indigenous regional council’. (2) Section 27, definition private place , paragraph (b), after ‘Aboriginal tradition’— insert — ‘or Island custom’. 25 Amendment of s 28 (Declaration) (1) Section 28(1)(a), after ‘community council’— insert — ‘or indigenous regional council’. (2) Section 28(1)(b) and (5), after ‘Aboriginal tradition’— insert — ‘or Island custom’. 26 Amendment of s 30 (Objections and supporting submissions) Section 30(2)(a), after ‘Aboriginal tradition’— insert — ‘or Island custom’. 27 Amendment of s 48 (Definitions for pt 6) (1) Section 48, definition trust area , after ‘community government’—

s 28 26 s 28 Local Government and Other Legislation (Indigenous No. 59, 2007 Regional Councils) Amendment Act 2007 insert — ‘or IRC’. (2) Section 48, definition trust area , paragraph (a), ‘Aboriginal inhabitants or for Aboriginal purposes’— omit, insert — ‘Aboriginal or Torres Strait Islander inhabitants or for Aboriginal or Torres Strait Islander purposes’. (3) Section 48, definition trust area , paragraph (b), ‘Aboriginal’— omit, insert — ‘Aboriginal or Torres Strait Islander’. (4) Section 48, definition trust area , paragraph (c), after ‘Aboriginal’— insert — ‘or Torres Strait Islander’. 28 Amendment of s 50 (Entry on trust area etc. by non-residents) (1) Section 50(1)(b), after ‘community government’— insert — ‘or indigenous regional council’. (2) Section 50(4), (5)(b) and (6), ‘Aboriginal land’— omit, insert — ‘Aboriginal or Torres Strait Islander land’. (3) Section 50(5)(a)(ii), after ‘(the Aboriginal land area )’— insert — ‘, or is permitted under the TorresStraitIslanderLandAct1991 to enter and be on Torres Strait Islander land (the Torres Strait Islander land area )’.

s 29 27 s 32 Local Government and Other Legislation (Indigenous No. 59, 2007 Regional Councils) Amendment Act 2007 29 Amendment of s 51 (Notice about resolution) Section 51(1), after ‘community government’— insert — ‘or indigenous regional council’. 30 Amendment of s 52 (Community government may impose restrictions on entry etc.) Section 52, after ‘community government’— insert — ‘or indigenous regional council’. 31 Amendment of s 53 (General authority to enter etc. trust area) (1) Section 53(1)(a), after ‘Aboriginal person’— insert — ‘or Torres Strait Islander’. (2) Section 53(1)(c), after ‘community government’— insert — ‘or indigenous regional council’. (3) Section 53(2), after ‘Aboriginal’— insert — ‘or Torres Strait Islander’. 32 Amendment of s 55 (Removal from trust area) (1) Section 55(1), ‘Aboriginal’— omit, insert — ‘community’. (2) Section 55(2) and (3), ‘an Aboriginal’— omit, insert — ‘a community’.

s 33 28 s 35 Local Government and Other Legislation (Indigenous No. 59, 2007 Regional Councils) Amendment Act 2007 (3) Section 55(2), ‘the Aboriginal’— omit, insert — ‘the community’. 33 Amendment of pt 7 hdg (Assistance sought by Aborigines) Part 7, heading, after ‘Aborigines’— insert — ‘ or Torres Strait Islanders ’. 34 Amendment of s 56 (Grant of aid) (1) Section 56(1), after ‘Aborigine’— insert — ‘or Torres Strait Islander’. (2) Section 56(1), after ‘Aborigines’— insert — ‘or Torres Strait Islanders’. 35 Amendment of s 57 (Deposit of savings with banker) (1) Section 57(1) and (5), after ‘Aborigines’— insert — ‘or Torres Strait Islanders’. (2) Section 57(1), from ‘and the chief executive’ to ‘of a like nature’— omit . (3) Section 57— insert — ‘(1A) Both the chief executive and IIB are separately authorised to establish new facilities similar to those mentioned in subsection (1).’.

s 36 29 s 38 Local Government and Other Legislation (Indigenous No. 59, 2007 Regional Councils) Amendment Act 2007 (4) Section 57(4) and (5), after ‘Aborigine’— insert — ‘or Torres Strait Islander’. 36 Amendment of s 58 (Continuation of management of money) (1) Section 58(2), after ‘Aborigine’— insert — ‘or Torres Strait Islander’. (2) Section 58(2), ‘pursuant to subsection (1) shall be deemed’— omit, insert — ‘under subsection (1), or under the repealed Torres Strait Act, section 181(1), is taken’. 37 Amendment of s 60 (Administration of Aborigines’ estates) (1) Section 60, heading, ‘Aborigines’ estates’— omit, insert — ‘ estates of Aborigines and Torres Strait Islanders ’. (2) Section 60(1) and (4), after ‘Aborigine’— insert — ‘or Torres Strait Islander’. (3) Section 60(4), after ‘Aborigines’— insert — ‘or Torres Strait Islanders’. 38 Insertion of new pt 7A After section 60— insert — ‘Part 7A Island Industries Board

s 38 30 s 38 Local Government and Other Legislation (Indigenous No. 59, 2007 Regional Councils) Amendment Act 2007 ‘60A The IIB ‘(1) The Island Industries Board established under the repealed Torres Strait Act, section 149 is continued in existence under this Act. ‘(2) IIB— (a) is a body corporate; and (b) has a seal; and (c) may sue and be sued in its corporate name. ‘60B Functions of IIB ‘The IIB has the following functions— (a) to act as a commercial enterprise for the general convenience or benefit of the residents of— (i) the local government area of TSIRC; and (ii) the relevant Bamaga area and the relevant Seisia area; and (iii) the local government area of TSC; (b) to apply its profits or assets to promote, support and improve its services and the general welfare, including the knowledge and skills, of the Aboriginal and Torres Strait Islander residents of the areas mentioned in paragraph (a); (c) from time to time, to investigate, and to report and make recommendations to the chief executive about— (i) any trade, commerce or business carried on by the residents mentioned in paragraph (b); and (ii) markets for the produce of the residents, trade in the produce, and ways of marketing the produce; and (iii) the encouragement, development and protection of the trade, commerce and businesses of the residents.

s 38 31 s 38 Local Government and Other Legislation (Indigenous No. 59, 2007 Regional Councils) Amendment Act 2007 ‘60C Membership of IIB ‘IIB consists of at least 5, but not more than 8, members appointed by the Governor in Council. ‘60D Appointment to membership of IIB ‘(1) A person is qualified to be nominated by the Minister for appointment as a member of IIB only if the person— (a) has— (i) commercial or management skills and experience; or (ii) other skills and experience relevant to the performance of IIB’s functions; and (b) is not disqualified under this part from being a member. ‘(2) Subject to subsection (5), IIB must include 2 members from a panel established as follows— (a) at least 5 qualified persons proposed by TSIRC; (b) at least 2 qualified persons proposed by TSC; (c) 1 qualified person proposed by the councillor for the division of NPARC that is the relevant Bamaga area; (d) 1 qualified person proposed by the councillor for the division of NPARC that is the relevant Seisia area. ‘(3) For subsection (2)(c) or (d), the qualified person proposed may be the councillor. ‘(4) The Minister must give each nominating entity a notice stating a reasonable period within which the nominating entity may propose a person or persons under subsection (2). ‘(5) If the panel mentioned in subsection (2) is not complete within the period stated in the notice under subsection (4), the Minister, in nominating qualified persons for appointment, may limit the nomination of persons included in the incomplete panel to the extent the Minister considers appropriate. ‘(6) In this section—

s 38 32 s 38 Local Government and Other Legislation (Indigenous No. 59, 2007 Regional Councils) Amendment Act 2007 nominating entity means— (a) TSIRC; or (b) TSC; or (c) the councillor mentioned in subsection (2)(c); or (d) the councillor mentioned in subsection (2)(d). ‘60E Chairperson of IIB ‘(1) The Governor in Council may appoint a member of IIB to be its chairperson. ‘(2) A person may be appointed as the chairperson at the same time the person is appointed as a member. ‘(3) The chairperson holds office for the term decided by the Governor in Council unless the person’s term of office as a member ends sooner than the person’s term of office as chairperson ends. ‘(4) A person may be appointed as the chairperson for not more than 2 consecutive terms. ‘(5) A vacancy arises in the office of chairperson if the person holding the office— (a) resigns the office by signed notice of resignation given to the Minister; or (b) ceases to be a member. ‘(6) A person resigning the office of chairperson may continue to be a member. ‘60F Deputy chairperson of IIB ‘(1) IIB must appoint a member of IIB to be its deputy chairperson. ‘(2) A vacancy arises in the office of deputy chairperson if— (a) the person holding the office resigns the office by signed notice of resignation given to the chairperson; or (b) the person’s term of office as an IIB member ends; or

s 38 33 s 38 Local Government and Other Legislation (Indigenous No. 59, 2007 Regional Councils) Amendment Act 2007 (c) the person otherwise stops being an IIB member. ‘(3) However, a person may resign from the office of deputy chairperson and continue to be a member. ‘(4) The deputy chairperson must act as chairperson— (a) during a vacancy in the office of chairperson; and (b) during all periods when the chairperson is absent from duty or, for another reason, can not perform the functions of the office. ‘60G Term of appointment ‘A member of IIB may be appointed for a term of not more than 4 years. ‘60H Disqualification from membership ‘A person can not become, or continue to be, a member of IIB if the person— (a) is or becomes an insolvent under administration under the Corporations Act, section 9; or (b) is disqualified from managing corporations under the Corporations Act, part 2D.6; or (c) has been, or is, convicted of an indictable offence; or (d) has been, or is, convicted of an offence against this Act. ‘60I Vacation of office ‘(1) A member of IIB is taken to have vacated office as a member if the member— (a) resigns by signed notice of resignation given to the Minister; or (b) under this part, can not continue to be a member; or (c) is absent without IIB’s permission from 3 consecutive meetings of IIB of which proper notice has been given; or

s 38 34 s 38 Local Government and Other Legislation (Indigenous No. 59, 2007 Regional Councils) Amendment Act 2007 (d) is absent, in any period of 6 months, and without IIB’s permission, from all meetings of IIB of which proper notice has been given. ‘(2) If the member attends for a meeting of which proper notice is given, but for which a quorum is not present, the meeting is nevertheless taken to be a meeting at which the member was present. ‘60J When notice of resignation takes effect ‘A notice of resignation given under this part takes effect when it is given to the person to whom it is required to be given or, if a later time is stated in the notice, at the later time. ‘60K Conduct of business ‘Subject to any other requirement of this part, IIB may conduct its business, including its meetings, in the way it considers appropriate. ‘60L Times and places of meetings ‘(1) IIB’s meetings are to be held at the times and places the chairperson decides. ‘(2) However, the chairperson must call a meeting if asked in writing to do so by the Minister or by at least the number of members required for a quorum for a meeting of IIB. ‘60M Quorum ‘A quorum for a meeting of IIB is the number equal to half of the number of its members or, if that is not a whole number, the next highest whole number. ‘60N Presiding at meetings ‘(1) The chairperson must preside at all meetings of IIB at which the chairperson is present.

s 38 35 s 38 Local Government and Other Legislation (Indigenous No. 59, 2007 Regional Councils) Amendment Act 2007 ‘(2) If the chairperson is absent from an IIB meeting or there is a vacancy in the office of chairperson, the deputy chairperson must preside. ‘(3) If the chairperson and the deputy chairperson are both absent from an IIB meeting, or if both offices are vacant, a member chosen by the members present must preside. ‘60O Conduct of meetings ‘(1) A question at an IIB meeting is decided by a majority of the votes of the members present. ‘(2) Each member present at the meeting has a vote on each question to be decided and, if the votes are equal, the member presiding also has a casting vote. ‘(3) A member present at the meeting who abstains from voting is taken to have voted for the negative. ‘(4) IIB may hold meetings, or allow members to take part in its meetings, by using any technology allowing reasonably contemporaneous and continuous communication between persons taking part in the meeting. Example of technology allowing reasonably contemporaneous and continuous communication — teleconferencing ‘(5) A person who takes part in an IIB meeting under subsection (4) is taken to be present at the meeting. ‘(6) A resolution is validly made by IIB even if it is not passed at an IIB meeting if— (a) a majority of the IIB members gives written agreement to the resolution; and (b) notice of the resolution is given under procedures approved by IIB. ‘60P Minutes ‘(1) IIB must keep— (a) minutes of its meetings; and

s 38 36 s 38 Local Government and Other Legislation (Indigenous No. 59, 2007 Regional Councils) Amendment Act 2007 (b) valid resolutions passed other than at an IIB meeting. ‘(2) Subsection (3) applies if a resolution is passed at an IIB meeting. ‘(3) If asked by a member who voted against the passing of the resolution, IIB must record in the minutes of the meeting that the member voted against the resolution. ‘60Q Disclosure of interests ‘(1) This section applies to an IIB member (the interested person ) if— (a) the interested person has a direct or indirect interest in an issue being considered, or about to be considered, by IIB; and (b) the interest could conflict with the proper performance of the person’s duties about the consideration of the issue. ‘(2) As soon as practicable after the relevant facts come to the interested person’s knowledge, the person must disclose the nature of the interest to an IIB meeting. ‘(3) Unless IIB otherwise directs, the interested person must not— (a) be present when IIB considers the issue; or (b) take part in a decision of IIB about the issue. ‘(4) The interested person must not be present when IIB is considering whether to give a direction under subsection (3). ‘(5) If there is another person who must, under subsection (2), also disclose an interest in the issue, the other person must not— (a) be present when IIB is considering whether to give a direction under subsection (3) about the interested person; or (b) take part in making the decision about giving the direction. ‘(6) If— (a) because of this section, an IIB member is not present at an IIB meeting for considering or deciding an issue, or

s 38 37 s 38 Local Government and Other Legislation (Indigenous No. 59, 2007 Regional Councils) Amendment Act 2007 for considering or deciding whether to give a direction under subsection (3); and (b) there would be a quorum if the member were present; the remaining persons present are a quorum for considering or deciding the issue, or for considering or deciding whether to give the direction, at the meeting. ‘(7) A disclosure under subsection (2) must be recorded in IIB’s minutes. ‘60R Officers and employees ‘(1) Subject to any direction given by the Minister, IIB— (a) must appoint an individual as its chief executive officer; and (b) may appoint the administrative and technical officers and clerks, and employ the employees and agents, as it considers necessary for the proper performance of its functions. ‘(2) The chief executive officer may— (a) execute documents on behalf of IIB; and (b) fix IIB’s seal to any document; and (c) perform the duties IIB gives the chief executive officer. ‘60S Powers of IIB ‘IIB has the powers of an individual and may, for example— (a) enter into contracts; and (b) acquire, hold, deal with and dispose of property; and (c) appoint agents and attorneys; and (d) charge for, and place conditions on, the supply of goods, services or information it supplies; and (e) engage consultants; and (f) establish funds to ensure the proper conduct of its enterprises and other activities; and

s 38 38 s 38 Local Government and Other Legislation (Indigenous No. 59, 2007 Regional Councils) Amendment Act 2007 (g) carry on any sort of business that is consistent with the performance of its functions; and (h) do anything else necessary or convenient to be done in performing its functions. ‘60T IIB is statutory body ‘(1) Under the StatutoryBodiesFinancialArrangementsAct1982 , IIB is a statutory body. ‘(2) The Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way in which IIB’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act1982 . ‘60U Audit of IIB’s accounts ‘(1) IIB’s accounts must be audited by the auditor-general or a person authorised by the auditor-general. ‘(2) The person who conducts the audit has, in relation to the audit and the accounts, all the powers of the auditor-general under the FinancialAdministrationandAuditAct1977 as if IIB were a department of government. ‘(3) For the audit, IIB must pay the fee decided by the auditor-general. ‘(4) The auditor-general— (a) must at least once a year, report to the Minister the result of each audit carried out under this section; and (b) may include with the report recommendations to the Minister about IIB’s accounts. ‘(5) The auditor-general must give IIB’s chairperson a copy of the report and any recommendations. ‘(6) The chairperson must table the report and any recommendations at IIB’s next meeting after the chairperson receives them. ‘(7) The Minister and IIB’s chairperson must consider the auditor-general’s report and any recommendations.

s 38 39 s 38 Local Government and Other Legislation (Indigenous No. 59, 2007 Regional Councils) Amendment Act 2007 ‘60V Annual report by IIB ‘As soon as practicable after 1 February in each year, IIB must give the Minister a full report of its operations in the most recently completed calendar year. ‘60W Administrator may replace IIB members ‘(1) The Governor in Council may at any time, on the recommendation of the Minister, dismiss the members of IIB. ‘(2) If the Governor in Council acts under subsection (1)— (a) the members go out of office; and (b) the Governor in Council may appoint in their place an administrator to administer IIB. ‘(3) A person appointed as administrator under subsection (2) must administer IIB’s affairs for the term, of not more than 2 years, decided by the Governor in Council. ‘(4) Subsection (3) does not stop the Governor in Council from revoking the appointment of an administrator for any reason before the term of appointment expires, either to appoint a different person as administrator or to appoint new members of IIB. ‘(5) While an administrator’s appointment continues, the administrator is taken to constitute IIB instead of the members. ‘60X Applying profits of IIB ‘(1) This section applies in relation to IIB’s function of applying its profits to promote, support and improve its services and the general welfare, including the knowledge and skills, of Aboriginal and Torres Strait Islander residents. ‘(2) IIB must apply its profits in the way IIB directs, subject to the approval of the Governor in Council.

s 38 40 s 38 Local Government and Other Legislation (Indigenous No. 59, 2007 Regional Councils) Amendment Act 2007 ‘60Y Applying assets of IIB ‘(1) This section applies in relation to IIB’s function of applying its assets to promote, support and improve its services and the general welfare, including the knowledge and skills, of Aboriginal and Torres Strait Islander residents. ‘(2) IIB must apply its assets in the way IIB directs, subject to the approval of the Governor in Council. ‘(3) Subsections (4) to (7) state additional requirements that apply for the application of an asset that is an operating business. ‘(4) IIB may, on the written request of a relevant person, enter into arrangements with 1 or more residents, or an incorporated entity controlled by residents, to transfer to the residents or entity an operating business of IIB located at the place where the residents reside or the entity is located. ‘(5) In deciding whether to enter into the arrangements, IIB must have regard to— (a) the resources, business capability and experience of the residents or incorporated entity; and (b) the impact the arrangements for transfer is likely to have on the services IIB provides generally to residents of the local government areas of TSIRC and TSC and the relevant Bamaga and Seisia areas. ‘(6) IIB must not enter into arrangements under subsection (4) unless the Minister has by written notice given to IIB— (a) given approval generally to the transfer of the business to the residents or entity; and (b) approved the particular terms of the arrangements. ‘(7) In this section— arrangements includes contracts and transactions. relevant person means— (a) if the operating business is located in a division of the the local government area of TSIRC—the councillor for the division; or

s 39 41 s 40 Local Government and Other Legislation (Indigenous No. 59, 2007 Regional Councils) Amendment Act 2007 (b) if the operating business is located in the relevant Bamaga area—the councillor for the division of NPARC that is the relevant Bamaga area; or (c) if the operating business is located in the relevant Seisia area—the councillor for the division of NPARC that is the relevant Seisia area.’. 39 Amendment of s 61 (Aborigines’ right to certain natural resources) (1) Section 61, heading, ‘Aborigines’ right to certain’— omit, insert — ‘ Right of Aborigines and Torres Strait Islanders to particular ’. (2) Section 61(1), ‘Aborigines resident in a community government area’— omit, insert — ‘Aborigines or Torres Strait Islanders resident in a community government or IRC area’. 40 Amendment of s 62 (Aborigines’ right to certain forest products and quarry material—Aboriginal land) (1) Section 62, heading, ‘Aborigines’ right to certain’— omit, insert — ‘ Right of Aborigines and Torres Strait Islanders to particular ’. (2) Section 62, heading, after ‘Aboriginal’— insert — ‘ and Torres Strait Islander ’. (3) Section 62(1), after ‘of Aboriginal’— insert — ‘or Torres Strait Islander’. (4) Section 62(1), ‘for the community government area’—

s 41 42 s 41 Local Government and Other Legislation (Indigenous No. 59, 2007 Regional Councils) Amendment Act 2007 omit, insert — ‘or indigenous regional council for the community government or IRC area’. (5) Section 62(1), after ‘in the community government’— insert — ‘or IRC’. (6) Section 62(2), after ‘community government’— insert — ‘or indigenous regional council’. 41 Amendment of s 63 (Aborigines’ right to certain forest products and quarry material—non-Aboriginal land) (1) Section 63, heading— omit, insert — ‘ Right of Aborigines and Torres Strait Islanders to particular forest products and quarry material—non-Aboriginal and non-Torres Strait Islander land ’. (2) Section 63(1), after ‘Aborigines’— insert — ‘or Torres Strait Islanders’. (3) Section 63(1), ‘area of a community government’— omit, insert — ‘or IRC area of a community government or indigenous regional council’. (4) Section 63(1), after ‘by the community government’— insert — ‘or indigenous regional council’. (5) Section 63(1), ‘area of the community government’— omit, insert —

s 42 43 s 42 Local Government and Other Legislation (Indigenous No. 59, 2007 Regional Councils) Amendment Act 2007 ‘or IRC area of the community government or indigenous regional council’. (6) Section 63(3), before ‘may’— insert — ‘or indigenous regional council’. (7) Section 63(3), after ‘by the community government’— insert — ‘or indigenous regional council’. (8) Section 63(3), ‘area of the community government’— omit, insert — ‘or IRC area of the community government or indigenous regional council’. 42 Insertion of new s 63A After section 63— insert — ‘63A Confidentiality ‘(1) This section applies to a person who has gained, gains, or has access to, protected information through involvement in the administration of this Act. ‘(2) The person must not— (a) record or use the information, or intentionally disclose it to anyone, other than under this section; or (b) recklessly disclose the information to anyone. Maximum penalty—100 penalty units or 2 years imprisonment. ‘(3) The person may record, use or disclose the information— (a) if expressly permitted or required under an Act to do so; or

s 43 44 s 45 Local Government and Other Legislation (Indigenous No. 59, 2007 Regional Councils) Amendment Act 2007 (b) for statistical purposes, without revealing, or being likely to reveal, the identity of a person to which it relates; or (c) in compliance with lawful process requiring production of documents or giving of evidence before a court or tribunal. ‘(4) In this section— protected information means information obtained by the chief executive under section 21.’. 43 Amendment of s 66 (Making local laws about particular matters) (1) Section 66, ‘, a community government’— omit, insert — ‘or indigenous regional council, a community government or indigenous regional council’. (2) Section 66(a) and (b), after ‘community government’— insert — ‘or IRC’. (3) Section 66(b), before ‘its community’— insert — ‘any community area within’. 44 Amendment of s 67 (Evidentiary aids) Section 67(1)(a), ‘area’— omit, insert — ‘or IRC area, or IRC division area,’. 45 Amendment of s 71 (Regulation-making power) (1) Section 71(2)(b), ‘Aboriginal’— omit, insert —

s 46 45 s 46 Local Government and Other Legislation (Indigenous No. 59, 2007 Regional Councils) Amendment Act 2007 ‘community’. (2) Section 71(2)(c), (h), (i) and (j), after ‘Aborigines’— insert — ‘and Torres Strait Islanders’. (3) Section 71(2)(h), after ‘of a community government’— insert — ‘or in the IRC area of an indigenous regional council’. (4) Section 71(2)(i), ‘Aborigines’ estates’— omit, insert — ‘the estates of Aborigines and Torres Strait Islanders’. (5) Section 71(2)— insert — ‘(p) meetings of IIB and attendances at the meetings; and (q) the accounts and records to be kept by IIB, either generally or in relation to a particular business of IIB; and (r) the way IIB’s accounts and records are to be kept, including records of the performance of IIB’s activities; and (s) the functions, powers and duties of IIB’s officers, clerks and employees; and (t) the security and protection of IIB’s property.’. 46 Replacement of pt 10 (Validating provisions) Part 10— omit, insert —

s 46 46 s 46 Local Government and Other Legislation (Indigenous No. 59, 2007 Regional Councils) Amendment Act 2007 ‘Part 10 Transitional provisions for Local Government and Other Legislation (Indigenous Regional Councils) Amendment Act 2007 ‘79 Definitions for pt 10 ‘In this division— commencement means the commencement of this section. ICC means the Island Coordinating Council established under repealed part 8. repealed part 8 means part 8 of the repealed Torres Strait Act as in force before the repeal of that Act. ‘80 ICC dissolved ‘ICC is dissolved and its members go out of office. ‘81 Regulation to provide for matters relating to dissolution of ICC ‘(1) A regulation may provide for all matters necessary or convenient to provide for the dissolution of ICC. ‘(2) Without limiting subsection (1), a regulation under subsection (1) may provide for— (a) how references to ICC in any Act or document are to apply after the commencement; and (b) how agreements to which ICC was a party before the commencement are to continue after the commencement; and (c) how proceedings that could have been started or continued by or against ICC before the commencement may be started or continued after the commencement; and

s 46 47 s 46 Local Government and Other Legislation (Indigenous No. 59, 2007 Regional Councils) Amendment Act 2007 (d) how assets and liabilities of ICC before the commencement are to be dealt with after the commencement. ‘82 Aboriginal and Island police officers ‘(1) This section applies to a person if, immediately before the commencement, the person held appointment, in relation to an area, as— (a) an Island police officer under the repealed Torres Strait Act; or (b) an Aboriginal police officer under this Act. ‘(2) From the commencement, the person, without further appointment, holds appointment as a community police officer under this Act in relation to the same area, and for that purpose— (a) is taken to have been appointed under this Act; and (b) subject to any action that may be taken under section 14 in relation to the community police officer’s responsibilities, continues to have the same responsibilities with which the person was charged immediately before the commencement. ‘(3) A reference in any Act or document to an Aboriginal or Island police officer may, if the context permits, be taken to be a reference to a community police officer. ‘83 Transitional provision for IIB ‘(1) A person who, immediately before the commencement, was a member of the Island Industries Board under the repealed Torres Strait Act continues as a member of IIB until the end of the term for which the member was appointed. ‘(2) The person who, immediately before the commencement, was the member of the Island Industries Board under the repealed Torres Strait Act who held appointment as chairperson of the Island Industries Board continues as chairperson of IIB until the end of the term for which the member was appointed as chairperson.

s 46 48 s 46 Local Government and Other Legislation (Indigenous No. 59, 2007 Regional Councils) Amendment Act 2007 ‘(3) The person who, immediately before the commencement, was the member of the Island Industries Board under the repealed Torres Strait Act who held appointment as deputy chairperson of the Island Industries Board continues as deputy chairperson of IIB until IIB otherwise decides. ‘(4) The provisions of part 7A about disqualification from or vacation of office as a member or chairperson of IIB apply to a member or chairperson mentioned in subsection (1) or (2), including in relation to any period for which the person held appointment before the commencement. ‘(5) Subject to part 7A, all other matters relating to the Island Industries Board under the repealed Torres Strait Act, including for example contracts and employment arrangements entered into before the commencement, are not affected by the repeal of that Act and the commencement of part 7A. ‘84 Community justice groups for Injinoo, New Mapoon and Umagico community government areas ‘(1) A community justice group for a relevant community government area, existing immediately before the commencement, continues as the community justice group for the relevant community area. ‘(2) A person who, immediately before the commencement, was a member of a community justice group for a relevant community government area continues as a member of the community justice group for the relevant community area until— (a) the end of the term for which the member was appointed; or (b) the Minister decides the member is no longer eligible or suitable for appointment to the membership of the community justice group and revokes the appointment; or (c) the office of the member is otherwise vacated under a regulation.

s 46 49 s 46 Local Government and Other Legislation (Indigenous No. 59, 2007 Regional Councils) Amendment Act 2007 ‘(3) The person who, immediately before the commencement, held appointment as a coordinator for a community justice group for a relevant community government area is, without further appointment, taken to hold appointment as a coordinator for the community justice group for the relevant community area. ‘(4) Subject to part 4, all other matters relating to a community justice group for a relevant community government area, including, for example, contracts entered into before the commencement, are not affected by the amendment of part 4’. ‘(5) In this section— relevant community government area means each of the following community government areas under the LocalGovernment (Community Government Areas) Act 2004 — (a) Injinoo; (b) New Mapoon; (c) Umagico. ‘85 Community justice groups for relevant Bamaga and Seisia areas ‘(1) A community justice group for the relevant Bamaga or Seisia area, existing immediately before the commencement, continues as the community justice group for the relevant community area. ‘(2) A person who, immediately before the commencement, was a member of a community justice group for the relevant Bamaga or Seisia area continues as a member of the community justice group for the relevant community area until— (a) the end of the term for which the member was appointed; or (b) the member resigns; or (c) the Minister decides the member is no longer eligible or suitable for appointment to the membership of the community justice group and revokes the appointment.

s 47 50 s 48 Local Government and Other Legislation (Indigenous No. 59, 2007 Regional Councils) Amendment Act 2007 ‘(3) The person who, immediately before the commencement, held appointment under the repealed Torres Strait Act as a coordinator for a community justice group for the relevant Bamaga or Seisia area is, without further appointment, taken to hold appointment as a coordinator for the community justice group for the relevant community area. ‘(4) Subject to part 4, all other matters relating to a community justice group for the relevant Bamaga or Seisia area under the the repealed Torres Strait Act, including for example contracts entered into before the commencement, are not affected by the repeal of that Act.’. Part 3 Amendment of Aborigines and Torres Strait Islanders (Land Holding) Act 1985 47 Act amended in pt 3 This part amends the Aborigines and Torres Strait Islanders(Land Holding) Act 1985 . 48 Amendment of s 4 (Interpretation) (1) Section 4(1), definitions Aboriginal council , council area, Island council and visiting justice — omit . (2) Section 4(1)— insert — indigenous council means— (a) an indigenous regional council under the LocalGovernment Act 1993 ; or (b) a community government under the Local Government(Community Government Areas) Act 2004 .

s 48 51 s 48 Local Government and Other Legislation (Indigenous No. 59, 2007 Regional Councils) Amendment Act 2007 indigenous council area means the local government area of an indigenous council. visiting justice means a visiting justice holding appointment under section 32A.’. (3) Section 4(1), definition qualified person, paragraph (a), ‘ Aboriginal Communities (Justice and Land Matters) Act 1984 ’— omit, insert — ‘ Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984 ’. (4) Section 4(1), definition qualified person, paragraph (a), ‘Aboriginal council’— omit, insert — ‘indigenous council’. (5) Section 4(1), definition qualified person, paragraph (b), ‘ Community Services (Torres Strait) Act 1984 ’— omit, insert — ‘ Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984 ’. (6) Section 4(1), definition qualified person, paragraph (b), ‘Island council’— omit, insert — ‘indigenous council’. (7) Section 4(1), definition trustee council , paragraph (a), ‘an Aboriginal council—that Aboriginal council’— omit, insert — ‘an indigenous council—the indigenous council’. (8) Section 4(1), definition trustee council , paragraph (b)— omit . (9) Section 4(1), definition trustee council , paragraph (c)— renumber as paragraph (b).

s 49 52 s 51 Local Government and Other Legislation (Indigenous No. 59, 2007 Regional Councils) Amendment Act 2007 (10) Section 4(1), definition trustee council , paragraph (d)— omit . 49 Amendment of s 10 (Divesting and vesting of title to land) (1) Section 10(1), ‘Aboriginal or Island council’— omit, insert — ‘indigenous council’. (2) Section 10(4), ‘a council’— omit, insert— ‘an indigenous council’. (3) Section 10(4)(c), ‘ Community Services (Torres Strait) Act 1984 ’— omit, insert — ‘ Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984 ’. (4) Section 10(4), ‘Island council’— omit, insert — ‘indigenous council’. 50 Amendment of s 16 (Assessment of rent) Section 16(1) and (2), ‘Aboriginal council or the Island council’— omit, insert — ‘indigenous council’. 51 Amendment of s 17 (Payment of rent) Section 17(1), ‘Aboriginal council or the Island council’— omit, insert — ‘indigenous council’.

s 52 53 s 56 Local Government and Other Legislation (Indigenous No. 59, 2007 Regional Councils) Amendment Act 2007 52 Amendment of s 18 (Dealings with leases) Section 18(4), ‘Aboriginal council or an Island council’— omit, insert — ‘indigenous council’. 53 Amendment of s 21 (Forfeiture upon default in rent) (1) Section 21(1)(b), ‘Aboriginal council or the Island council’— omit, insert — ‘indigenous council’. (2) Section 21(4), ‘Aboriginal council or an Island council’— omit, insert — ‘indigenous council’. 54 Amendment of s 22 (Action upon nonoccupation) Section 22(1), ‘Aboriginal council or the Island council’— omit, insert — ‘indigenous council’. 55 Amendment of s 23 (Action upon nonutilisation) Section 23(1), ‘Aboriginal council or the Island council’— omit, insert — ‘indigenous council’. 56 Amendment of s 25 (Procedure upon forfeiture) Section 25(1)(a), ‘Aboriginal council or an Island council’— omit, insert — ‘indigenous council’.

s 57 54 s 60 Local Government and Other Legislation (Indigenous No. 59, 2007 Regional Councils) Amendment Act 2007 57 Amendment of s 27 (Consequences of forfeiture) Section 27(a), ‘Aboriginal council or an Island council’— omit, insert — ‘indigenous council’. 58 Amendment of s 28 (Appeal against classification of as nonqualified person) Section 28(1), ‘Aboriginal council or an Island council’— omit, insert — ‘indigenous council’. 59 Amendment of s 29 (Nomination of panels) (1) Section 29(1), ‘Aboriginal council’— omit, insert — ‘indigenous council’. (2) Section 29(1), ‘ Aboriginal Communities (Justice and Land Matters) Act 1984 ’— omit, insert — ‘ Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984 ’. (3) Section 29(2)— omit . (4) Section 29(3), ‘Aboriginal council or an Island council’— omit, insert — ‘indigenous council’. (5) Section 29(3), as amended— renumber as section 29(2). 60 Amendment of s 30 (Constitution of appeal tribunals) Section 30(2), ‘Aboriginal council or Island council’—

s 61 55 s 63 Local Government and Other Legislation (Indigenous No. 59, 2007 Regional Councils) Amendment Act 2007 omit, insert — ‘indigenous council’. 61 Amendment of s 31 (Representations to council or appeals tribunal) Section 31, ‘Aboriginal council or an Island council’— omit, insert — ‘indigenous council’. 62 Amendment of s 32 (Land deemed part of trust area for certain purposes) (1) Section 32(1), ‘a council area’— omit, insert — ‘an indigenous council area’. (2) Section 32(1)(c), ‘ Community Services (Torres Strait) Act 1984 ’— omit, insert — ‘ Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984 ’. (3) Section 32(1), ‘Island council’— omit, insert — ‘indigenous council’. 63 ‘32A Insertion of new s 32A After section 32— insert — Visiting justices ‘The Governor in Council may appoint a justice to be a visiting justice to 1 or more trust areas for the purposes of sections 25 and 30.’.

s 64 56 s 67 Local Government and Other Legislation (Indigenous No. 59, 2007 Regional Councils) Amendment Act 2007 64 Amendment of s 33B (Transitional) Section 33B(2)(a), ‘Aboriginal council or Island council’— omit, insert — ‘indigenous council’. Part 4 Amendment of Bail Act 1980 65 Act amended in pt 4 This part amends the Bail Act 1980. 66 Amendment of s 6 (Definitions) Section 6, definition community justice group , paragraph (a), ‘ Aboriginal Communities (Justice and Land Matters) Act 1984 , part 5, division 1, or the CommunityServices(TorresStrait) Act 1984 , part 5, division 1’— omit, insert— ‘ Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984 , part 4, division 1’. 67 Insertion of new ss 34C–34E After section 34B— insert— ‘34C Access to court files by representative of community justice group in defendant’s community ‘(1) This section applies if a defendant is an Aboriginal or Torres Strait Islander person. ‘(2) A representative of the community justice group in the defendant’s community may inspect a court file, or a document in a court file, or obtain a copy of information from a court file or document, that may be relevant to making a

s 67 57 s 67 Local Government and Other Legislation (Indigenous No. 59, 2007 Regional Councils) Amendment Act 2007 submission about the defendant under section 15(1)(f) or 16(2)(e). ‘(3) However, subsection (2) applies only if the court directs that the information be made available or given to the representative. ‘(4) The court may make the direction whether or not the representative has made an application to the court for the direction. ‘(5) In deciding whether to direct that information be made available or given to the representative, the court may have regard to the following— (a) whether the representative would otherwise have access to the information; (b) whether the defendant consents to the information being made available or given to the representative. ‘(6) Subsection (5) does not limit the matters to which the court may have regard. ‘34D Confidentiality ‘(1) A person who is a member of a community justice group must not— (a) record or use information the person, or another person who is a member of the community justice group, gains through performing a function under this Act, or intentionally disclose it to anyone, other than under subsection (2); or (b) recklessly disclose the information to anyone. Maximum penalty—100 penalty units or 2 years imprisonment. ‘(2) A person who is a member of a community justice group may— (a) record, use or disclose the information if the recording, use or disclosure— (i) is done as part of making submissions to—

s 126 103 s 126 Local Government and Other Legislation (Indigenous No. 59, 2007 Regional Councils) Amendment Act 2007 ‘(4) From the changeover day for NPARC, a subordinate local law of a relevant community government as in force immediately before the changeover day— (a) continues in force; and (b) is taken to be a subordinate local law of NPARC; and (c) may be amended or repealed as a subordinate local law as provided for under this Act; and (d) subject to any amendment under this Act, applies only to the area to which the subordinate local law applied immediately before changeover day. ‘(5) In this section— relevant community government means each of the community governments under the LocalGovernment(CommunityGovernmentAreas)Act2004 for the following community government areas under that Act— (a) Injinoo; (b) New Mapoon; (c) Umagico. relevant Island council means each of the Island councils under the repealed Torres Strait Act for the following council areas under that Act— (a) Bamaga council area; (b) Seisia council area. ‘1288 Continued application of rates and other charges under repealed Torres Strait Act ‘(1) A rate or charge made and levied under the repealed Torres Strait Act, section 50 (the relevant section ), and in force immediately before the changeover day for NPARC, continues in force after the changeover day in accordance with the terms of its making and levying. ‘(2) An exemption under the relevant section in force immediately before the changeover day for NPARC continues in force after the changeover day in accordance with its terms.

s 126 104 s 126 Local Government and Other Legislation (Indigenous No. 59, 2007 Regional Councils) Amendment Act 2007 ‘(3) Subsections (1) and (2) apply only to a rate or charge, or to an exemption, having effect within an area that, from the changeover day for NPARC, is included in the new local government area of Northern Peninsula Area. ‘1289 Continued application of charges under Community Government Areas Act ‘(1) A charge made and levied under the LocalGovernment(CommunityGovernmentAreas)Act2004 , section 39 (the relevant section ), and in force immediately before the changeover day for NPARC, continues in force after the changeover day in accordance with the terms of its making and levying. ‘(2) An exemption under the relevant section in force immediately before the changeover day for NPARC continues in force after the changeover day in accordance with its terms. ‘(3) Subsections (1) and (2) apply only to a charge, or to an exemption, having effect within an area that, from the changeover day for NPARC, is included in the new local government area of Northern Peninsula Area. ‘Division 4 Indigenous regional councils generally ‘1290 Delayed application of ch 6, pts 3 and 5 ‘Chapter 6, parts 3 and 5 13 apply to an indigenous regional council only to the extent a regulation states that they apply. ‘Division 5 Remuneration schedule 13 Chapter 6 (General operation of local governments), parts 3 (Contracts and related activities) and 5 (General complaints process)

s 126 105 s 126 Local Government and Other Legislation (Indigenous No. 59, 2007 Regional Councils) Amendment Act 2007 ‘1291 Remuneration schedule for 2008 ‘The remuneration schedule that applies for 2008 takes effect on and from 15 March 2008. ‘Division 6 Miscellaneous ‘1292 Transitional provision for repeal of ch 2A ‘(1) A regulation may provide for all matters necessary or convenient for the repeal of chapter 2A. ‘(2) The regulation may include provision for— (a) the dissolution of the Townsville-Thuringowa Water Supply Joint Board; and (b) the transfer of all matters coming within the jurisdiction of the joint board to Townsville City Council; and (c) the assumption by the council of all powers, assets and liabilities, and the staff, of the joint board. ‘1293 Special provisions for liquor licences and permits ‘(1) This section applies if immediately before the changeover day for a new or adjusted local government area, an existing local government holds a licence or permit under the LiquorAct1992 . ‘(2) Subsection (3) applies if, on the changeover day for the new or adjusted local government area— (a) premises the subject of the licence or permit becomes the premises of the local government for the new or adjusted local government area; or (b) otherwise—the circumstances of the licence or permit are circumstances that would ordinarily be expected to fall within the responsibilities of the local government for the new or adjusted local government area. ‘(3) From the changeover day for the new or adjusted local government area—

s 127 106 s 127 Local Government and Other Legislation (Indigenous No. 59, 2007 Regional Councils) Amendment Act 2007 (a) the local government for the new or adjusted local government area is taken to hold the licence or permit; and (b) the licence or permit is subject to the same conditions that applied to the licence or permit immediately before the changeover day for the new or adjusted local government area. ‘(4) A reform implementation regulation may, before or after the changeover day for a new or adjusted local government area, identify the new or adjusted local government as the successor to a particular licence or permit mentioned in subsection (1), if doubt arises as to which new or adjusted local government is the successor under subsections (2) and (3). ‘(5) A person who, under the Liquor Act 1992 , is the nominee for a licence or permit whose holder is changed under this section continues to be the nominee for the licence or permit until the nominee is changed under that Act.’. 127 Amendment of sch 1A (Local government reform implementation) (1) Schedule 1A, part 1, entries for Central Highlands and Mackay, column 4, ‘divided’— omit, insert — ‘area not divided’. (2) Schedule 1A, part 1, entry for Scenic Rim, column 3, ‘LGRB 7’— omit, insert — ‘LGRB 7 edition 3’. (2A) Schedule 1A, part 1, entry for Scenic Rim, column 4, ‘divided’— omit, insert — ‘division 1—1 division 2—1 division 3—1

s 128 107 s 128 Local Government and Other Legislation (Indigenous No. 59, 2007 Regional Councils) Amendment Act 2007 division 4—1 division 5—1 division 6—1’. (3) Schedule 1A, part 2, entry for Cook, column 4, ‘divided’— omit, insert — ‘area not divided’. (4) Schedule 1A, part 2, entry for Ipswich, column 3, ‘LGRB 35’— omit, insert — ‘LGRB 35 edition 3’. (4A) Schedule 1A, part 2, entry for Ipswich, column 4, ‘divided’— omit, insert — ‘division 1—1 division 2—1 division 3—1 division 4—1 division 5—1 division 6—1 division 7—1 division 8—1 division 9—1 division 10—1’. (5) Schedule 1A, part 3, entries for Boulia and Etheridge, column 4, ‘divided’— omit, insert — ‘area not divided’. 128 Amendment of sch 2 (Dictionary) (1) Schedule 2, definition Torres Strait Islander local government —

s 129 108 s 130 Local Government and Other Legislation (Indigenous No. 59, 2007 Regional Councils) Amendment Act 2007 omit . (2) Schedule 2— insert — ‘ community deed of grant in trust see sections 1281(5) and 1286(5). community forum see section 159ZZJ. indigenous regional council means the Torres Strait Island Regional Council or the Northern Peninsula Area Regional Council. land panel means a community forum separately constituted as a land panel under section 159ZZS. repealed Torres Strait Act means the CommunityServices(Torres Strait) Act 1984 as in force before its repeal under the Local Government and Other Legislation (Indigenous Regional Councils) Amendment Act 2007 . trustee decision see section 159ZZV. trust land means land that is the subject of a community deed of grant in trust.’. Part 12 Amendment of Local Government (Community Government Areas) Act 2004 129 Act amended in pt 12 This part amends the LocalGovernment(CommunityGovernment Areas) Act 2004. 130 Omission of s 5 (Notes in text) section 5— omit .

s 131 109 s 133C Local Government and Other Legislation (Indigenous No. 59, 2007 Regional Councils) Amendment Act 2007 131 Amendment of pt 2 hdg (New local government areas and local governments) Part 2, heading, ‘New local government areas and local governments’— omit, insert — ‘ Community governments ’. 132 Omission of pt 2, div 1 (Declaration of new local government areas and establishment of new local governments) Part 2, division 1— omit . 133 Amendment of s 22 (Appointment of financial controller) Section 22(1), ‘by regulation’— omit, insert — ‘by gazette notice’. 133A Omission of s 38 (Power of community government to lend an amount to an adult resident) Section 38— omit . 133B Amendment of pt 8, div 2, hdg (Other transitional provisions) Part 8, division 2, heading, ‘provisions’— omit, insert — ‘ provisions for LocalGovernment(CommunityGovernment Areas) Act 2004 ’. 133C Insertion of new pt 8, div 3 Part 8—

s 134 110 s 135 Local Government and Other Legislation (Indigenous No. 59, 2007 Regional Councils) Amendment Act 2007 insert — ‘Division 3 Transitional provisions for Local Government and Other Legislation (Indigenous Regional Councils) Amendment Act 2007 ‘85 Amounts loaned to individuals ‘(1) On the commencement of this section— (a) any adopted lending policy of a community government under repealed section 38 ceases to have effect; and (b) all amounts payable, or that would have become payable, to the community government because of a loan made to a person under the section become payable to the community government. ‘(2) This section does not apply to an adopted lending policy of, or an amount payable to, a community government for any of the following community government areas as in existence immediately before the day that, under the Local GovernmentAct1993 , chapter 3, part 1B, is the changeover day for the new local government area of Northern Peninsula Area— (a) Injinoo; (b) New Mapoon; (c) Umagico.’. 134 Omission of sch 2 (Declaration of new local government areas) Schedule 2— omit . 135 Amendment of sch 4 (Dictionary) ‘(1) Schedule 4, definition community government area — omit . ‘(2) Schedule 4—

s 136 111 s 136 Local Government and Other Legislation (Indigenous No. 59, 2007 Regional Councils) Amendment Act 2007 insert — ‘ community government area means— (a) each of the following local government areas under the Local Government Act 1993 — • Cherbourg • Doomadgee • Hope Vale • Kowanyama • Lockhart River • Mapoon • Napranum • Palm Island • Pormpuraaw • Woorabinda • Wujal Wujal • Yarrabah; or (b) if the external boundaries of a local government area mentioned in paragraph (a) are changed under the LocalGovernmentAct1993 —the local government area, as changed.’. Part 13 Amendment of Penalties and Sentences Act 1992 136 Act amended in pt 13 This part amends the Penalties and Sentences Act 1992.

s 137 112 s 139 Local Government and Other Legislation (Indigenous No. 59, 2007 Regional Councils) Amendment Act 2007 137 Amendment of s 6 (Application to children and certain courts) Section 6(1)— omit. 138 Amendment of s 9 (Sentencing guidelines) (1) Section 9(8), definition community justice group , paragraph (a), ‘ Aboriginal Communities (Justice and Land Matters) Act 1984 , part 5, division 1, or the CommunityServices(TorresStrait) Act 1984 , part 5, division 1’— omit, insert — ‘ Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984 , part 4, division 1’. (2) Section 9(8), definition community justice group, as amended and definition offender’s community — relocate to section 4. (3) Section 9(8), as amended— omit . 139 Insertion of new ss 195B–195D After section 195A— insert— ‘195B Access to court files by representative of community justice group in offender’s community ‘(1) This section applies if an offender is an Aboriginal or Torres Strait Islander person. ‘(2) A representative of the community justice group in the offender’s community may inspect a court file, or a document in a court file, or obtain a copy of information from a court file or document, that may be relevant to making a submission about the offender under section 9(2)(o).

s 139 113 s 139 Local Government and Other Legislation (Indigenous No. 59, 2007 Regional Councils) Amendment Act 2007 ‘(3) However, subsection (2) applies only if the court directs that the information be made available or given to the representative. ‘(4) The court may make the direction whether or not the representative has made an application to the court for the direction. ‘(5) In deciding whether to direct that information be made available or given to the representative, the court may have regard to the following— (a) whether the representative would otherwise have access to the information; (b) whether the offender consents to the information being made available or given to the representative. ‘(6) Subsection (5) does not limit the matters to which the court may have regard. ‘195C Confidentiality ‘(1) A person who is a member of a community justice group must not— (a) record or use information the person, or another person who is a member of the community justice group, gains through performing a function under this Act, or intentionally disclose it to anyone, other than under subsection (2); or (b) recklessly disclose the information to anyone. Maximum penalty—100 penalty units or 2 years imprisonment. ‘(2) A person who is a member of a community justice group may— (a) record, use or disclose the information if the recording, use or disclosure— (i) is done as part of making submissions to the court under section 9(2)(o); or (ii) is otherwise required or permitted by law; or

s 140 114 s 141 Local Government and Other Legislation (Indigenous No. 59, 2007 Regional Councils) Amendment Act 2007 (b) disclose the information to another member of the community justice group. ‘(3) In this section— disclose information to someone else means— (a) orally disclose the information to the other person; or (b) produce to the other person, or give the other person access to, a document containing the information; or (c) disclose the information to the other person in another way. ‘195D Protection from liability ‘(1) This section applies to a person who— (a) is a member of the community justice group in an offender’s community; and (b) is responsible for the making of a submission about the offender to a court under section 9(2)(o). ‘(2) For subsection (1)(b), it does not matter that the person did not personally make the submission to the court. ‘(3) The person is not civilly liable for an act done, or an omission made, honestly and without negligence in relation to the making of the submission.’. Part 14 Amendment of Valuation of Land Act 1944 140 Act amended in pt 14 This part amends the Valuation of Land Act 1944. 141 Amendment of s 2 (Definitions) (1) Section 2—

s 142 115 s 142 Local Government and Other Legislation (Indigenous No. 59, 2007 Regional Councils) Amendment Act 2007 insert — ‘ NPARC means the Northern Peninsula Area Regional Council. TSIRC means the Torres Strait Island Regional Council.’. (2) Section 2, definition area , ‘or Torres Strait Islander local government’— omit, insert — ‘or NPARC or TSIRC’. 142 Insertion of new pt 8, div 1A Part 8— insert — ‘Division 1A Special arrangements for implementation of local government reform ‘75K Definitions for div 1A ‘In this division— adjusted local government area means an adjusted local government area under the reform implementation provisions. changeover day , for a new or adjusted local government area, means the changeover day for the area under the reform implementation provisions. existing local government area means an existing local government area under the reform implementation provisions. new local government area means a new local government area under the reform implementation provisions. reform implementation provisions means the LocalGovernment Act 1993 , chapter 3, part 1B.

s 142 116 s 142 Local Government and Other Legislation (Indigenous No. 59, 2007 Regional Councils) Amendment Act 2007 ‘75L Continuation of valuation ‘(1) The valuation of relevant land continues to be the valuation of the land until a further valuation applies to the land. ‘(2) Subsection (1) applies subject to an objection or appeal under this Act about the valuation. ‘(3) In this section— relevant land means land that— (a) forms part of an existing local government area; and (b) on the changeover day for a new or adjusted local government area, forms part of the new or adjusted local government area. ‘75M Valuation operations may be based on existing local government boundaries ‘(1) Until 31 August 2009, for all operational and administrative purposes, this Act may be applied as if the local government areas of Queensland continued to be those in existence on 27 July 2007. ‘(2) Subsection (1) applies despite the changes to local government areas that happen on the changeover day for any new or adjusted local government area under the reform implementation provisions. ‘(3) Without limiting subsections (1) and (2), it may be assumed, for the operational and administrative purposes, that the reform implementation provisions were never enacted. ‘75N Local governments for new or adjusted local government areas ‘(1) This section applies if, on or after the changeover day for a new or adjusted local government area, the land the subject of a valuation forms part of the new or adjusted local government area. ‘(2) If anything is required under this Act to be done by or given to, or otherwise to involve, the local government in whose local government area the land is situated, the thing may be

s 143 117 s 145 Local Government and Other Legislation (Indigenous No. 59, 2007 Regional Councils) Amendment Act 2007 done by or given to, or may otherwise involve, the local government for the new or adjusted local government area. ‘(3) This section does not limit section 75M, but is intended to facilitate its implementation.’. Part 15 Amendment of Water Act 2000 143 Act amended in pt 15 This part amends the Water Act 2000. 144 Amendment of s 25A (Meaning of water supply emergency ) Section 25A(3), definition essential water supply needs , paragraph (c), ‘Calliope or Gladstone local government areas’— omit, insert— ‘local government area of the Gladstone Regional Council’. 145 Amendment of s 341 (What is the SEQ region ) Section 341(1)(a)— omit, insert— ‘(a) the local government areas of the following local governments— • Brisbane City Council • Gold Coast City Council • Ipswich City Council • Lockyer Valley Regional Council • Logan City Council • Moreton Bay Regional Council

s 146 118 s 148 Local Government and Other Legislation (Indigenous No. 59, 2007 Regional Councils) Amendment Act 2007 • Redland City Council • Scenic Rim Regional Council • Somerset Regional Council • Sunshine Coast Regional Council; and’. 146 Amendment of s 599 (Composition of board for Gladstone Area Water Board) (1) Section 599(a)— omit, insert— ‘(a) 4 persons nominated by the Gladstone Regional Council; and’. (2) Section 599(b)— omit. (3) Section 599(c)— renumber as section 599(b) . 147 Amendment of s 1037A (Other continuing authorities) Section 1037A(2), ‘An entity mentioned in subsection (1)(a) or (b)’— omit, insert— ‘A local government mentioned in subsection (1)(a), or Toowoomba Regional Council in relation to the Cooby Creek Dam,’. 148 Amendment of s 1041 (Completed water allocation and management plans) Section 1041(2)(d)(ii), ‘Rockhampton City Council’— omit, insert— ‘Rockhampton Regional Council’.

s 149 119 s 149 Local Government and Other Legislation (Indigenous No. 59, 2007 Regional Councils) Amendment Act 2007 149 Insertion of new ch 9, pt 5, div 10 Chapter 9, part 5— insert — ‘Division 10 Transitional provisions for Local Government and Other Legislation (Indigenous Regional Councils) Amendment Act 2007 ‘1156 Definitions for div 10 ‘In this division— adjusted local government area means an adjusted local government area under the reform implementation provisions. changeover day , for a new or adjusted local government area, means the changeover day for the area under the reform implementation provisions. existing local government means an existing local government under the reform implementation provisions. new local government area means a new local government area under the reform implementation provisions. reform implementation provisions means the LocalGovernment Act 1993 , chapter 3, part 1B. ‘1157 Particular new and adjusted local governments taken to be service providers ‘(1) This section applies in relation to an existing local government’s infrastructure for supplying a water or sewerage service if— (a) the existing local government is the service provider for the service; and (b) after the changeover day for a new or adjusted local government area, the infrastructure for supplying the service is on land that forms part of the new or adjusted local government area.

s 149 120 s 149 Local Government and Other Legislation (Indigenous No. 59, 2007 Regional Councils) Amendment Act 2007 ‘(2) On and from the changeover day for the new or adjusted local government area, the local government for the new or adjusted local government area— (a) is taken to be the service provider for the service; and (b) has, to the greatest practicable extent, the same functions, powers and obligations of the existing local government in relation to its operation as a service provider for the service. ‘1158 New and adjusted local governments must give regulator service provider documents ‘(1) The local government for a new or adjusted local government area must prepare service provider documents for its area. ‘(2) Each service provider document must be prepared in the way required under this Act for the document. ‘(3) The local government for a new or adjusted local government area must give the regulator a copy of each of its service provider documents— (a) for a service provider document other than a system leakage management plan—within 1 year after the changeover day for the new or adjusted local government area; or (b) for a system leakage management plan—within 2 years after the changeover day for the new or adjusted local government area; or (c) if the regulator agrees that the local government may give a service provider document on a later day—on the later day. ‘(4) In this section— service provider document means each of the following— (a) customer service standard; (b) drought management plan; (c) strategic asset management plan; (d) system leakage management plan.

s 149 121 s 149 Local Government and Other Legislation (Indigenous No. 59, 2007 Regional Councils) Amendment Act 2007 ‘1159 Amending the register of service providers ‘(1) This section applies if there is a change relating to information kept by the regulator under section 516 in the register of service providers because of the changes to local government areas that happen on the changeover day for a new or adjusted local government area under the reform implementation provisions. ‘(2) The regulator must, as soon as practicable after the changeover day for the new or adjusted local government area, amend the register of service providers to reflect the change. ‘(3) The local government for the new or adjusted local government area must give the regulator any information the regulator requires for the purposes of amending the register under subsection (2). ‘1160 Declaration of service areas ‘(1) This section applies if— (a) an existing local government has, under section 449, declared— (i) all or part of its local government area to be a service area; and (ii) the service provider for the service area; and (b) from the changeover day for a new or adjusted local government area, the service area forms part of the new or adjusted local government area. ‘(2) On and from the changeover day for the new or adjusted local government area— (a) the service area is taken to be a service area declared by the local government for the new or adjusted local government area; and (b) the service provider for the service area is— (i) if the existing local government declared itself to be the service provider for the area—the local

s 150 122 s 152 Local Government and Other Legislation (Indigenous No. 59, 2007 Regional Councils) Amendment Act 2007 government for the new or adjusted local government area; or (ii) otherwise—the entity the existing local government declared to be the service provider for the service area.’. Part 16 Repeals 150 Repeal of Community Services (Torres Strait) Act 1984 The Community Services (Torres Strait) Act 1984, No. 52 is repealed. 151 Repeal of Nambour Library Act 1973 The Nambour Library Act 1973, No. 27 is repealed. Part 17 Consequential and minor amendments 152 Acts amended The schedule amends the Acts mentioned in it.

123 Local Government and Other Legislation (Indigenous No. 59, 2007 Regional Councils) Amendment Act 2007 Schedule Consequential and minor amendments section 152 Acts Interpretation Act 1954 1 Section 36, definition Torres Strait Islander local government — omit . 2 Section 36, definition additional territorial unit , ‘Torres Strait Islander or’— omit . 3 Section 36, definition area , paragraph (a), ‘Torres Strait Islander or’— omit . 4 Section 36, definition basic territorial unit , ‘Torres Strait Islander or’— omit . 5 Section 36, definition local government , paragraph (c)— omit . 6 Section 36, definition territorial unit , paragraph (a)— omit .

124 Local Government and Other Legislation (Indigenous No. 59, 2007 Regional Councils) Amendment Act 2007 Schedule (continued) 7 Section 36, definition territorial unit , paragraphs (b) and (c)— renumber as paragraphs (a) and (b). Coastal Protection and Management Act 1995 1 Schedule, definition local government area — omit, insert — ‘ local government area means the part of the State established as a local government area under the Local Government Act 1993.’. Domestic and Family Violence Protection Act 1989 1 Section 50(3), examples, item 4, ‘Torres Strait Islander local government’— omit, insert — ‘indigenous regional council under the LocalGovernmentAct1993 ’. Electoral Act 1992 1 Section 152(2)(a)(v), ‘ Community Services (Torres Strait) Act 1984 ’— omit, insert — ‘ Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984 ’.

125 Local Government and Other Legislation (Indigenous No. 59, 2007 Regional Councils) Amendment Act 2007 Schedule (continued) Financial Administration and Audit Act 1977 1 Schedule 3, definition appropriate Minister , paragraph (c), ‘or the Community Services (Torres Strait) Act 1984 ’— omit . Freedom of Information Act 1992 1 Section 7, definition responsible Minister , paragraph (c), ‘or the Community Services (Torres Strait) Act 1984 —the Minister administering those Acts’— omit, insert — ‘—the Minister administering that Act’. Housing Act 2003 1 Section 21(c) and (d)— omit. 2 Section 21(e)— renumber as section 21(c). 3 Schedule 3, definitions Island Coordinating Council and Island council — omit .

126 Local Government and Other Legislation (Indigenous No. 59, 2007 Regional Councils) Amendment Act 2007 Schedule (continued) Integrated Planning Act 1997 1 Schedule 8, part 1, table 4, item 1A, paragraph (i), subparagraphs (ii) and (iii)— omit, insert — ‘(ii) use under the AboriginalandTorresStraitIslanderCommunities(Justice,LandandOtherMatters)Act1984 , section 62; or’. 2 Schedule 10, definition local government area — omit, insert — ‘ local government area means a part of the State established as a local government area under the Local Government Act 1993 .’. Judicial Review Act 1991 1 Schedule 1, part 1, ‘section 159X’— omit, insert — ‘sections 159X and 159YP’. Local Government (Chinatown and The Valley Malls) Act 1984 1 Section 6, ‘person—’— omit, insert— ‘a person must not do either of the following—’.

127 Local Government and Other Legislation (Indigenous No. 59, 2007 Regional Councils) Amendment Act 2007 Schedule (continued) 2 Section 6, ‘shall not’— omit. 3 Section 8(2)(a), ‘;’— omit, insert— ‘; and’. 4 Section 15(1), ‘specify’— omit, insert— ‘state the following’. 5 Section 15(3)(a) and (b), ‘;’— omit, insert— ‘; and’. 6 Section 15(5), ‘council’— omit, insert— ‘council may’. 7 Section 15(5)(a) and (b), ‘may’— omit. 8 Section 15(5)(a), ‘;’— omit, insert— ‘; or’.

128 Local Government and Other Legislation (Indigenous No. 59, 2007 Regional Councils) Amendment Act 2007 Schedule (continued) 9 Section 37, heading, ‘s 371A’— omit, insert— ‘ ch 4, pt 4 ’. 10 Section 44(4), ‘section 44’— omit. 11 Schedule 4, definition rateable property , paragraph (a), ‘, section 44’— omit. Ombudsman Act 2001 1 Schedule 3, definition responsible Minister , paragraph (c)— omit . Police Powers and Responsibilities Act 2000 1 Section 53(1)(a)(ii) and (iii)— omit, insert — ‘(ii) Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984 , section 35 or 45(c) or (d); and’.

129 Local Government and Other Legislation (Indigenous No. 59, 2007 Regional Councils) Amendment Act 2007 Schedule (continued) 2 Section 60(6), definition liquor provision , paragraphs (b) and (c)— omit, insert — ‘(b) the Aboriginal and Torres Strait Islander Communities(Justice, Land and Other Matters) Act 1984 , section 35 or 45.’. 3 Section 135(5), definition liquor provision , paragraphs (b) and (c)— omit, insert — ‘(b) the Aboriginal and Torres Strait Islander Communities(Justice, Land and Other Matters) Act 1984 , section 35 or 45.’. 4 Section 587— omit, insert — ‘587 General powers and role of community police officers ‘A community police officer may exercise powers under this part only in the community government or IRC area for which the officer is appointed under the Aboriginal and Torres StraitIslander Communities (Justice, Land and Other Matters) Act1984 .’. 5 Schedule 1, ‘ Aboriginal Communities (Justice and Land Matters) Act 1984 ’— omit, insert — ‘ Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984 ’. 6 Schedule 6, definitions aboriginal police officer and island police officer — omit .

130 Local Government and Other Legislation (Indigenous No. 59, 2007 Regional Councils) Amendment Act 2007 Schedule (continued) 7 Schedule 6— insert — ‘ community police officer means a community police officer under the AboriginalandTorresStraitIslanderCommunities(Justice, Land and Other Matters) Act 1984 .’. 8 Schedule 6, definition police officer , paragraph (a), from ‘part 3—’— omit, insert — ‘part 3—a community police officer; and’. Prostitution Act 1999 1 Insertion of new pt 9, div 3 Part 9— insert — ‘Division 3 Transitional provision for Local Government and Other Legislation (Indigenous Regional Councils) Amendment Act 2007 ‘150 Continuation of refusal of development applications ‘(1) This section applies if— (a) after the changeover day for a new or adjusted local government area, land forms part of the new or adjusted local government area; and (b) before the changeover day the assessment manager for a development application for the land would have been

131 Local Government and Other Legislation (Indigenous No. 59, 2007 Regional Councils) Amendment Act 2007 Schedule (continued) required to refuse the development application under section 64(c). ‘(2) After the changeover day for the new or adjusted local government area, all development applications for the land must continue to be refused until— (a) the local government for the new or adjusted local government area no longer requires that development applications for the land be refused; or (b) the Minister decides that the local government for the new or adjusted local government area may approve development applications for the land. ‘(3) In this section— adjusted local government area means an adjusted local government area under the reform implementation provisions. changeover day , for a new or adjusted local government area, means the changeover day for the area under the reform implementation provisions. new local government area means a new local government area under the reform implementation provisions. reform implementation provisions means the LocalGovernment Act 1993 , chapter 3, part 1B.’. Public Sector Ethics Act 1994 1 Schedule, definition local government legislation , paragraph (a), ‘• Community Services (Torres Strait) Act 1984 ’— omit .

132 Local Government and Other Legislation (Indigenous No. 59, 2007 Regional Councils) Amendment Act 2007 Schedule (continued) Recreation Areas Management Act 2006 1 Schedule, definition relevant Aboriginal or Torres Strait Islander entity , paragraph (d), ‘ Aboriginal Communities (Justice and Land Matters) Act 1984 , section 174(1) or the Community Services (Torres Strait) Act 1984 , section 184(1)’— omit, insert — ‘ Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984 , section 61’. Residential Tenancies Act 1994 1 Section 252(1)(a)(i), ‘an Island Council under the Community Services (Torres Strait) Act 1984 ’— omit, insert — ‘an indigenous regional council under the Local Government Act1993 ’. Schools of Arts (Winding Up and Transfer) Act 1960 1 Sections 4, 5 and 6— omit . 2 Schedule— omit .

133 Local Government and Other Legislation (Indigenous No. 59, 2007 Regional Councils) Amendment Act 2007 Schedule (continued) Southern Moreton Bay Islands Development Entitlements Protection Act 2004 1 Schedule, definition council — omit, insert — ‘ council means— (a) in relation to any matter arising before the commencement of this definition—the Redland Shire Council; or (b) otherwise—the Redland City Council.’. Torres Strait Islander Land Act 1991 1 Section 3, definition Torres Strait Island council — omit . 2 Section 3— insert — ‘ NPARC means the Northern Peninsula Area Regional Council. repealed Torres Strait Act means the CommunityServices(Torres Strait) Act 1984 as in force before its repeal under the Local Government and Other Legislation (Indigenous Regional Councils) Amendment Act 2007 . Torres Strait Island council means— (a) in relation to any area that, immediately before the day that under the LocalGovernmentAct1993 is the changeover day for NPARC, was included in the Bamaga or Seisia Council area under the repealed Torres Strait Act—NPARC; or

134 Local Government and Other Legislation (Indigenous No. 59, 2007 Regional Councils) Amendment Act 2007 Schedule (continued) (b) in relation to any area included in the local government area of TSIRC—TSIRC. TSIRC means the Torres Strait Island Regional Council.’. © State of Queensland 2007