Local Government (Community Government Areas) Act 2004 (Qld)

Queensland Local Government (Community Government Areas) Act 2004 Reprinted as in force on 1 July 2008 Reprint No. 2 This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy

Information about this reprint This Act is reprinted as at 1 July 2008. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Also see list of legislation for any uncommenced amendments. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, authorised (that is, hard copy) and unauthorised (that is, electronic), are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If an authorised reprint is dated earlier than an unauthorised version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of an authorised reprint is the same as the date shown for an unauthorised version previously published, it merely means that the unauthorised version was published before the authorised version. Also, any revised edition of the previously published unauthorised version will have the same date as that version. Replacement reprint date If the date of an authorised reprint is the same as the date shown on another authorised reprint it means that one is the replacement of the other.

Queensland Local Government (Community Government Areas) Act 2004 Contents Part 1 Division 1 1 2 Division 2 3 4 Part 2 Division 2 10 Division 3 11 11A Part 3 Division 1 12 13 14 Division 2 15 16 17 18 19 Page Preliminary Introduction Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Interpretation Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Terms defined in Local Government Act 1993 . . . . . . . . . . . . . . . 6 Community governments Community government name Name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Application of Local Government Act 1993 Provisions of Local Government Act 1993 that apply. . . . . . . . . . 7 Application of enterprise provisions in Local Government Act1993 .......................................... 8 Reviewable community government matters Preliminary Definition for pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Application of Local Government Act 1993, ch 3, pt 1 . . . . . . . . . 8 Meaning of reviewable community government matter . . . . . . . . 9 Examining and determining reviewable community government matters Application of Local Government Act 1993, ch 3, pt 1 . . . . . . . . . 10 Minor reference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Notice of proposed determination to implement matter and recommendations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Commissions must have regard to prescribed issues . . . . . . . . . 11 Implementing reviewable community government matter . . . . . . 11

2 Local Government (Community Government Areas)Act 2004 Division 3 20 Part 4 Division 1 21 22 23 24 25 26 27 28 29 Division 2 30 31 32 Division 3 33 34 35 36 Division 4 37 39 Part 5 41 42 43 44 45 46 47 Quota requirements for divided community government areas Application of Local Government Act 1993, ss 285 and 286 . . . . Financial management Financial controllers Procedures before appointment of financial controller . . . . . . . . . Appointment of financial controller . . . . . . . . . . . . . . . . . . . . . . . . Functions of financial controller . . . . . . . . . . . . . . . . . . . . . . . . . . Power of financial controller to revoke or suspend resolution or order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Effect of revocation or suspension . . . . . . . . . . . . . . . . . . . . . . . . Countersigning cheques and authorising electronic funds transfers ....................................... Community government to cooperate with financial controller . . . Financial controller’s employment conditions . . . . . . . . . . . . . . . . Recovery of amounts from community governments . . . . . . . . . . Finance standards Making of standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Standards must be complied with . . . . . . . . . . . . . . . . . . . . . . . . References in Local Government Act 1993 to Local Government Finance Standards . . . . . . . . . . . . . . . . . . . . . . . . . Inspection of accounting records Definitions for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Authorised person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Powers of authorised person . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restriction on exercise of powers. . . . . . . . . . . . . . . . . . . . . . . . . Other financial provisions Approved forms for financial statements . . . . . . . . . . . . . . . . . . . Power of community government to make and levy charge on resident . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Local services committees Establishment of local services committee. . . . . . . . . . . . . . . . . . Function of local services committee . . . . . . . . . . . . . . . . . . . . . . Delegation of Local Government Act powers . . . . . . . . . . . . . . . . Revocation of delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application of Local Government Act 1993, s 237 . . . . . . . . . . . . Application of Local Government Act 1993, ss 244–250 . . . . . . . Non-application of Local Government Act 1993, ss 454–457 . . . 12 12 13 14 14 15 16 16 16 16 17 19 19 19 20 20 20 21 21 22 22 22 23 24 24 25

3 Local Government (Community Government Areas) Act 2004 48 Part 6 49 50 Part 7 51 52 53 Part 8 Division 1 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 Division 2 69 70 71 72 73 74 75 References in Local Government Act 1993 to committee . . . . . . Superannuation Superannuation liability for permanent employees. . . . . . . . . . . . Permanent employees’ liability for superannuation contribution. . Miscellaneous Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Review of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transitional provisions Transitional provisions delaying application of certain provisions of Local Government Act 1993 Keeping registers of interests—councillor and councillor’s relatives ....................................... Keeping register of community government delegations . . . . . . . Keeping register of enterprises . . . . . . . . . . . . . . . . . . . . . . . . . . Preparation and adoption of corporate plan . . . . . . . . . . . . . . . . . Preparation and adoption of operational plan . . . . . . . . . . . . . . . Preparation and adoption of revenue policy . . . . . . . . . . . . . . . . . Adoption of revenue statement. . . . . . . . . . . . . . . . . . . . . . . . . . . Budget for financial year ending 30 June 2006 . . . . . . . . . . . . . . Content of annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Keeping register of regulatory fees. . . . . . . . . . . . . . . . . . . . . . . . Having corporate structure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Deciding resources for staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Keeping register of chief executive officer delegations. . . . . . . . . Keeping registers of interests—employees . . . . . . . . . . . . . . . . . Superannuation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Other transitional provisions for Local Government (Community Government Areas) Act 2004 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Aboriginal council is continued in existence . . . . . . . . . . . . . . . . . References to Aboriginal council, council area, by-law or subordinate by-law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Assets and liabilities etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Membership of new local government . . . . . . . . . . . . . . . . . . . . . Mayor and deputy mayor of new local government . . . . . . . . . . . 25 25 26 26 26 26 27 27 28 28 28 28 28 29 29 29 29 29 30 30 30 31 31 31 32 32 33 33

4 Local Government (Community Government Areas) Act 2004 76 77 78 79 80 81 82 83 Division 3 85 Schedule 3 Schedule 4 Chief executive officer of new local government . . . . . . . . . . . . . Local laws and subordinate local laws of new local government . Budget . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Adopted lending policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Decision, order or action with ongoing operation or effect . . . . . . Resolution with ongoing operation or effect . . . . . . . . . . . . . . . . . Financial controller for Aboriginal council . . . . . . . . . . . . . . . . . . . Administrator for Aboriginal council etc. . . . . . . . . . . . . . . . . . . . . Transitional provisions for Local Government and OtherLegislation (Indigenous Regional Councils) AmendmentAct 2007 Amounts loaned to individuals . . . . . . . . . . . . . . . . . . . . . . . . . . . Local governments that Aboriginal councils become . . . . . . Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 33 34 34 35 35 35 36 37 38 39 Endnotes 1 2 3 4 5 6 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 41 41 42 42 43

s1 5 s3 Local Government (Community Government Areas) Act 2004 Local Government (Community Government Areas) Act 2004 [as amended by all amendments that commenced on or before 1 July 2008] An Act to declare particular parts of Queensland to be local government areas under the Local Government Act 1993 , establish new local governments for the areas, and apply provisions of that Act to the areas and local governments, and for other purposes Part 1 Preliminary Division 1 Introduction 1 Short title This Act may be cited as the Local Government (Community Government Areas) Act 2004 . 2 Commencement This Act, other than section 85, commences on a day to be fixed by proclamation. Division 2 Interpretation 3 Definitions The dictionary in schedule 4 defines particular words used in this Act.

s 4 6 s 10 Local Government (Community Government Areas) Act 2004 4 Terms defined in Local Government Act 1993 A term used in this Act that is defined in the LocalGovernment Act 1993 has the meaning given to it by that Act. Part 2 Community governments Division 2 Community government name 10 Name (1) A community government may be called any of the following— (a) ‘Council of the Shire of … ( insert name of community government area)’; (b) ‘… ( insert name of community government area) … Shire Council’; (c) ‘… ( insert name of community government area) … Aboriginal Shire Council’. (2) The use of a name for a local government in schedule 2 or 3 does not limit the operation of this section.

s 11 7 s 11 Local Government (Community Government Areas)Act 2004 Division 3 Application of Local Government Act 1993 11 Provisions of Local Government Act 1993 that apply (1) The Local Government Act 1993 applies to a community government area and the community government for the area, subject to section 32 and part 8, division 1. 1 (2) Without limiting section 20, 2 the following provisions of the LocalGovernmentAct1993 do not apply to a community government area or the community government for the area— • sections 33 and 34 3 • section 64(1)(g) to (k) 4 • chapter 3, part 2, division 5 5 • chapter 4, part 1, division 2 and part 4 6 1 Section 32 (References in LocalGovernmentAct1993 to Local Government Finance Standards) and part 8 (Transitional provisions), division 1 (Transitional provisions delaying application of certain provisions of LocalGovernmentAct1993) 2 Section 20 (Application of Local Government Act 1993, ss 285 and 286) 3 Local Government Act 1993 , section 33 has now been substituted as section 32 (Number of councillors) under the LocalGovernmentandIndustrialRelationsAmendment Act 2008 , section 8 and section 34 has now been renumbered as section 33 (Local government name) under the Local Government and Industrial RelationsAmendment Act 2008 , section 9. 4 Local Government Act 1993 , section 64 (Meaning of reviewable local government matter ) 5 LocalGovernmentAct1993 , chapter 3 (Interaction with the State), part 2 (Intervention by the State), division 5 (Financial controllers) 6 LocalGovernmentAct1993 , chapter 4 (Local government councillors), part 1 (Membership of local governments), division 2 (Qualifications and disqualifications) and part 4 (Vacancies in membership of local governments)

s 11A 8 Local Government (Community Government Areas)Act 2004 s 13 • chapter 5 7 • sections 502, 503 and 854. 8 11A Application of enterprise provisions in Local GovernmentAct 1993 All enterprises of a community government are taken to be exempt enterprises for the LocalGovernmentAct1993 , section 495. 9 Part 3 Reviewable community government matters Division 1 Preliminary 12 Definition for pt 3 In this part— reviewable community government matter see section 14. 13 Application of Local Government Act 1993, ch 3, pt 1 This part applies certain provisions of the Local GovernmentAct1993 , chapter 3, part 1 10 in relation to reviewable community government matters. 7 Local Government Act 1993 , chapter 5 (Local government elections) 8 Local Government Act 1993 , sections 502 (Issue of standards), 503 (Standards must be complied with) and 854 (Local laws and subordinate local laws about development) 9 Local Government Act 1993 , section 495 (Application of part) 10 LocalGovernmentAct1993 , chapter 3 (Interaction with the State), part 1 (Reviewable local government matters)

s 14 9 s 14 Local Government (Community Government Areas) Act 2004 14 Meaning of reviewable community government matter (1) The following are reviewable community government matters — (a) dividing, redividing and abolishing divisions of a community government area; (b) changing the boundaries of divisions of a community government area by— (i) excluding part of a division of a community government area and including the part in another division of the community government area; or (ii) creating a new division of the community government area; (c) assigning and reassigning councillors of a community government to divisions of its community government area; (d) deciding and changing the composition of a community government; (e) recognising indigenous social groupings of a community government area for elections for the community government of the area; (f) assigning and reassigning councillors of a community government to indigenous social groupings; (g) changing the mode of election of the mayor of a community government; (h) another matter relating to a community government declared under a regulation to be a reviewable community government matter. (2) A reviewable community government matter includes— (a) any aspect of a matter mentioned in subsection (1); and (b) a particular proposal about a matter, or an aspect of a matter, mentioned in subsection (1). (3) In this section— indigenous social grouping means a group of indigenous persons sharing a common basis of social affiliation,

s 15 10 s 16 Local Government (Community Government Areas) Act 2004 including family relationship, language, traditional land ownership and historical association. Division 2 Examining and determining reviewable community government matters 15 Application of Local Government Act 1993, ch 3, pt 1 (1) The Local Government Act 1993 , chapter 3, part 1, other than sections 64, 84, 157 and 158 11 of that Act, applies to a community government area and the community government for the area, with any necessary or convenient changes, as if a reviewable local government matter were a reviewable community government matter. (2) For subsection (1), any other provision of the LocalGovernmentAct1993 necessary or convenient for the application of chapter 3, part 1 of that Act also applies with any necessary or convenient changes. 16 Minor reference If the Minister refers a reviewable community government matter to the commissioner under the Local Government Act1993 , section 77, 12 as applied by section 15(1), the commissioner is taken to have declared the reference to be a minor reference under that Act. 11 Local Government Act 1993 , sections 64 (Meaning of reviewable local government matter ), 84 (Commissions must have regard to prescribed issues), 157 (Implementation of reviewable local government matter) and 158 (Requirement before implementation) 12 Local Government Act 1993 , section 77 (Minister may refer certain reviewable local government matters to commissioner)

s 17 11 s 19 Local Government (Community Government Areas) Act 2004 17 Notice of proposed determination to implement matter and recommendations (1) This section applies if a commission gives a notice to a community government under the LocalGovernmentAct1993 , section 100(1)(a)(i), 13 as applied by section 15(1). (2) The community government must, as soon as practicable after receiving the notice, put a copy of the notice on display in a conspicuous place in the public office of the community government. 18 Commissions must have regard to prescribed issues When considering a reviewable community government matter under the Local Government Act 1993 , chapter 3, part 1, as applied by section 15(1), a commission must have regard to any issues prescribed under a regulation. 19 Implementing reviewable community government matter (1) Subject to subsection (2), a reviewable community government matter may be implemented by regulation. (2) A reviewable community government matter may be implemented only if the commissioner and the commission that determined the matter have complied with the LocalGovernment Act 1993 , chapter 3, part 1, as applied by section 15(1), in relation to the matter. (3) For subsection (2), strict compliance with the LocalGovernment Act 1993 , chapter 3, part 1, as applied by section 15(1), is not necessary and substantial compliance is sufficient. 13 LocalGovernmentAct1993 , section 100 (Notice of proposed determination to implement matter and recommendations)

s 20 12 s 21 Local Government (Community Government Areas)Act 2004 Division 3 Quota requirements for divided community government areas 20 Application of Local Government Act 1993, ss 285 and 286 (1) The Local Government Act 1993 , sections 285 and 286 14 apply to a community government area and the community government for the area, with any necessary or convenient changes, as if a reviewable local government matter were a reviewable community government matter. (2) For subsection (1), any other provision of the LocalGovernmentAct1993 necessary or convenient for the application of sections 285 and 286 of that Act also applies with any necessary or convenient changes. Part 4 Financial management Division 1 Financial controllers 21 Procedures before appointment of financial controller (1) Before the Governor in Council or Minister exercises a power under section 22 in relation to a community government, the Minister must give notice of the proposed exercise of the power to the community government. (2) However, notice need not be given if— (a) the community government has asked for the power to be exercised; or (b) the Minister reasonably considers giving notice— 14 Local Government Act 1993 , sections 285 (Equitable division of local government areas) and 286 (Quota to be complied with in division of local government area and assignment of councillors)

s 22 13 s 22 Local Government (Community Government Areas) Act 2004 (i) is likely to defeat the purpose of the proposed exercise of the power; or (ii) would serve no useful purpose. (3) The notice must state— (a) the reasons for the proposed exercise of the power; and (b) a period within which the community government may make submissions to the Minister about the proposed exercise of the power. (4) The reasons stated in the notice are the only reasons that can be relied on in support of the exercise of the power. (5) The Minister must have regard to all submissions made by the community government within the stated period. (6) The power may be exercised without further notice to the community government if— (a) the proposed exercise of the power is to proceed despite the community government’s submissions; or (b) no submissions of the community government are received by the Minister within the stated period. 22 Appointment of financial controller (1) The Governor in Council may, by gazette notice, appoint a financial controller for a community government. (2) The Minister must not recommend the Governor in Council act under subsection (1) unless the Minister is satisfied on reasonable grounds that the community government— (a) has made a disbursement from a fund that is not provided for in the community government’s budget; or (b) has made a disbursement from grant moneys for a purpose other than the purpose for which the grant was given; or

s 23 14 s 24 Local Government (Community Government Areas) Act 2004 (c) has contravened section 31 15 or a provision of the LocalGovernment Act 1993 , chapter 7 16 relating to its budget or another financial matter; or (d) has not implemented suitable financial management strategies for the funds under its control; or (e) has acted, or is about to act, in a way that— (i) caused, or may cause, a significant deterioration in its financial viability; or (ii) will, or may, cause it to become insolvent. 23 Functions of financial controller (1) A financial controller appointed for a community government is responsible for ensuring the community government adheres to its budget. (2) Also, the financial controller— (a) may give advice about financial management to the community government, including, for example, advice about the preparation of a plan to address any financial difficulties it may be experiencing; and (b) may undertake other administrative duties requested by the community government; and (c) must undertake other administrative duties directed by the Minister. 24 Power of financial controller to revoke or suspend resolution or order (1) A financial controller appointed for a community government may, by notice to the community government’s chief executive officer— (a) revoke or suspend the operation of— 15 Section 31 (Standards must be complied with) 16 Local Government Act 1993 , chapter 7 (Financial operation and accountability of local governments)

s 25 15 s 25 Local Government (Community Government Areas) Act 2004 (i) a resolution of the community government; or (ii) an order of the community government giving effect to a resolution of the community government; and (b) end the suspension of the resolution or order. (2) However, the financial controller may revoke or suspend a resolution or order under subsection (1) only if the financial controller reasonably believes— (a) the resolution or order will result in unlawful expenditure by the community government; or (b) the resolution or order will result in expenditure from grant moneys for a purpose other than the purpose for which the grant was given; or (c) the resolution or order will cause the community government to become insolvent. (3) The notice must state the reasons for the revocation or suspension. (4) The suspension may be for a stated period or indefinite. 25 Effect of revocation or suspension (1) A resolution or order of a community government that is revoked under section 24— (a) stops having effect on the day stated for that purpose in the notice to the community government’s chief executive officer; or (b) if no day is stated for that purpose—is taken never to have had effect. (2) A resolution or order of a community government whose operation is suspended under section 24 does not have effect while it is suspended. (3) Neither the State nor the financial controller is legally liable for any loss or expense incurred by a person because of the revocation or suspension of a community government’s resolution or order under section 24.

s 26 16 s 29 Local Government (Community Government Areas) Act 2004 26 Countersigning cheques and authorising electronic funds transfers (1) If a financial controller is appointed for a community government, a payment may be made from an account with a financial institution kept by the community government only by a cheque countersigned, or an electronic funds transfer authorised, by the financial controller. (2) However, the financial controller may refuse to countersign the cheque, or authorise the electronic funds transfer, only if the financial controller reasonably believes— (a) the payment will result in unlawful expenditure by the community government; or (b) the payment will result in expenditure from grant moneys for a purpose other than the purpose for which the grant was given; or (c) the payment will cause the community government to become insolvent. 27 Community government to cooperate with financial controller If a financial controller is appointed for a community government, the community government must cooperate with the financial controller in relation to the performance of the financial controller’s functions under section 23. 28 Financial controller’s employment conditions A financial controller appointed for a community government is to be employed under the Public Service Act 1996 . 29 Recovery of amounts from community governments (1) The Governor in Council may direct a community government for which a financial controller is appointed to pay to the Minister a stated amount for the costs and expenses of the financial controller.

s 30 17 s 30 Local Government (Community Government Areas) Act 2004 (2) The stated amount may include salary and allowances payable to the financial controller as a public service officer. (3) The direction may state a time for payment. (4) The stated amount is a debt payable to the State. Division 2 Finance standards 30 Making of standards (1) The Minister may make standards ( Community Government Finance Standards ) about— (a) the policies and principles to be complied with by community governments in financial management, including, for example, internal audit; and (b) the content of financial statements and annual reports by community governments; and (c) the policies to be complied with by community governments in relation to the lending of amounts to adult residents of their community government areas; and (d) each community government giving the Minister information on an annual basis about the payment of notional GST that may affect the distribution, under the Local Government Act 1993 , section 200, 17 of financial assistance to the community government; and (e) requirements for full cost pricing and their application to significant business activities of community governments under the LocalGovernmentAct1993 , chapter 8, part 5; 18 and 17 LocalGovernmentAct1993 , section 200 (Distribution of financial assistance amount) 18 Local Government Act 1993 , chapter 8 (National competition reform of significant business activities), part 5 (Full cost pricing for significant business activities)

s 30 18 s 30 Local Government (Community Government Areas) Act 2004 (f) commercialisation and its application to community governments’ commercial business units under the Local Government Act 1993 , chapter 8, part 6; 19 and (g) corporatisation and its application to corporatised corporations of community governments under the Local Government Act 1993 , chapter 8, part 7; 20 and (h) a code of competitive conduct for application of competitive neutrality principles to community governments’ business activities, roads business activities and building certification business activities under the Local Government Act 1993 , chapter 9; 21 and (i) facilitating the implementation of the Local GovernmentAct 1993 , chapter 10, 22 including— (i) charging arrangements for, and bases of operation of, relevant business activities providing water and sewerage services; and (ii) providing how the following are to be applied— (A) consumption as the basis for utility charges for water services; (B) full cost recovery for water and sewerage services; (C) identification and disclosure of cross-subsidies between classes of consumers and community service obligations in the provision of water and sewerage services; (D) disclosure of the classes of consumers who are provided with water or sewerage services 19 Local Government Act 1993 , chapter 8 (National competition reform of significant business activities), part 6 (Commercialisation of significant business activities) 20 Local Government Act 1993 , chapter 8 (National competition reform of significant business activities), part 7 (Local government owned corporations) 21 Local Government Act 1993 , chapter 9 (Conduct of competitive business activities) 22 Local Government Act 1993 , chapter 10 (Reform of certain water and sewerage services)

s 31 19 s 33 Local Government (Community Government Areas) Act 2004 at an amount below full cost and the amount; and (j) any other matter that is required or permitted by an Act to be prescribed by a standard made under this subsection. (2) Before making a standard, the Minister must— (a) consult with the auditor-general about the standard; and (b) have regard to relevant standards made by appropriate professional bodies. (3) The standards may include practice statements if the Minister considers a uniform standard of practice or procedure is necessary or desirable. (4) A standard about the content of a policy mentioned in subsection (1)(c) may include— (a) a model lending policy; or (b) model provisions of a lending policy. (5) A standard made under subsection (1) is subordinate legislation. 31 Standards must be complied with A community government must comply with the Community Government Finance Standards. 32 References in Local Government Act 1993 to Local Government Finance Standards A reference in the Local Government Act 1993 to the Local Government Finance Standards is taken to be a reference to the Community Government Finance Standards. Division 3 Inspection of accounting records 33 Definitions for div 3 In this division—

s 34 20 s 36 Local Government (Community Government Areas) Act 2004 authorised person see section 34(1). authorised powers means the powers mentioned in section 35. 34 Authorised person (1) The chief executive may, in writing, authorise a person (an authorised person ) to exercise the authorised powers in relation to a stated community government. (2) Before authorising a person under subsection (1), the chief executive must be satisfied the person has the necessary expertise or experience to exercise the authorised powers. 35 Powers of authorised person (1) An authorised person may, in relation to the relevant community government, enter any premises of the community government open for carrying on the functions of local government. (2) For exercising the power mentioned in subsection (1), an authorised person may enter the community government area of the community government. (3) However, an authorised person may not enter premises under subsection (1) if the premises are premises where an individual resides. (4) After entering premises under subsection (1), the authorised person may— (a) search any part of the premises for accounting records of the community government; or (b) inspect accounting records of the community government at the premises; or (c) take an extract from, or copy, an accounting record of the community government at the premises. 36 Restriction on exercise of powers (1) An authorised person may, in relation to the relevant community government, exercise the authorised powers only

s 37 21 s 39 Local Government (Community Government Areas) Act 2004 if the authorised person first produces to the community government’s chief executive officer a copy of the written authority for the exercise of the powers. (2) However, an authorised person need not comply with subsection (1) if the authorised person believes on reasonable grounds that complying with subsection (1) could frustrate the authorised person’s effective exercise of the authorised powers. Division 4 Other financial provisions 37 Approved forms for financial statements A community government’s financial statements must be prepared— (a) in the approved form relevant to a cash accounting system format; or (b) in the approved form relevant to an accrual accounting system format. 39 Power of community government to make and levy charge on resident (1) A community government may, by resolution, make and levy a charge on residents of residential premises in its community government area. (2) However, the community government may exempt a resident from payment of the charge. (3) Despite subsection (2), the community government may give an exemption if another amount is payable to the community government in relation to the premises.

s 41 22 s 43 Local Government (Community Government Areas)Act 2004 Part 5 Local services committees 41 Establishment of local services committee (1) A community government may, under a local law, establish a committee (a local services committee ) of the community government. (2) The local law must state the powers under a local government Act of the community government that may be delegated to the committee under section 43. (3) Also, the local law must include provisions about the following— (a) the committee’s name and membership; (b) the appointment of a delegate member of the committee and when the delegate member may act as a member of the committee; (c) a quorum of the committee; (d) the appointment of the committee’s chairperson; (e) the conduct of committee meetings. (4) The committee may include persons who are not councillors of the community government. 42 Function of local services committee The function of a community government’s local services committee is to exercise any powers under a local government Act of the community government delegated to the committee under section 43. 43 Delegation of Local Government Act powers (1) A community government may, by resolution, delegate to a local services committee of the community government a power of the community government under a local government Act that the local law establishing the committee states may be delegated to the committee.

s 44 23 s 44 Local Government (Community Government Areas) Act 2004 (2) Subsection (1) does not limit the power of a community government to make a delegation under the Local GovernmentAct 1993 , section 472. (3) A power mentioned in the LocalGovernmentAct1993 , section 472(3) may not be delegated under subsection (1). (4) A delegation made by a community government under subsection (1) must be recorded in the community government’s register of delegations mentioned in the LocalGovernment Act 1993 , section 472(4). 44 Revocation of delegation (1) This section applies if a community government proposes making a resolution revoking a resolution made under section 43(1). (2) The community government must publish a notice (the revocation notice ) about the proposed resolution in a newspaper circulating in the community government area of the community government at least 2 weeks before the day of the meeting of the community government at which it is proposed to make the resolution. (3) Also, the community government must— (a) put a copy of the revocation notice on display in a conspicuous place in its public office on the day on which the revocation notice is published under subsection (2); and (b) keep the copy of the revocation notice on display, under paragraph (a), until after the meeting. (4) The revocation notice must state the following— (a) the proposed resolution; (b) the reasons for the proposed resolution; (c) the day and time of the meeting; (d) that anyone may make a written submission to the community government about the proposed resolution until the day before the day of the meeting.

s 45 24 s 46 Local Government (Community Government Areas) Act 2004 (5) A person may, until the day before the day of the meeting, make a written submission to the community government about the proposed resolution. (6) The community government must, before making the proposed resolution, take into account any submissions made under subsection (5) about the proposed resolution. 45 Application of Local Government Act 1993, s 237 (1) The Local Government Act 1993 , section 237 23 applies to a member of a local services committee as if a reference in that section to an advisory committee of a local government includes a reference to a local services committee of a community government. (2) For subsection (1), any other provision of the LocalGovernmentAct1993 necessary or convenient for the application of section 237 of that Act also applies with any necessary or convenient changes. 46 Application of Local Government Act 1993, ss 244–250 (1) The Local Government Act 1993 , sections 244 to 250 24 apply to a member of a local services committee as if a reference in the sections to a councillor, councillor of a local government or local government councillor includes a reference to a member of a local services committee who is not a councillor. (2) For subsection (1), any other provision of the LocalGovernmentAct1993 necessary or convenient for the application of sections 244 to 250 of that Act also applies with any necessary or convenient changes. 23 LocalGovernmentAct1993 , section 237 (Remuneration, reimbursement of expenses and provision of facilities for person serving on advisory committee) 24 Local Government Act 1993 , sections 244 (Exclusion from meeting of councillor with material personal interest), 245 (Removal of disability), 246 (Penalty for contravening exclusion from meeting), 247 (Registers of interests), 248 (Access to registers), 249 (Queries on contents of register) and 250 (Improper use of information by councillors)

s 47 25 s 49 Local Government (Community Government Areas) Act 2004 47 Non-application of Local Government Act 1993, ss 454–457 The Local Government Act 1993 , sections 454 to 457 25 do not apply to a local services committee. 48 References in Local Government Act 1993 to committee (1) The Local Government Act 1993 , sections 458 to 463, 469(3) and 473 26 apply to a local services committee of a community government in the same way as they apply to other committees of the community government. (2) For subsection (1), any other provision of the LocalGovernmentAct1993 necessary or convenient for the application of sections 458 to 463, 469(3) and 473 of that Act also applies with any necessary or convenient changes. Part 6 Superannuation 49 Superannuation liability for permanent employees Despite the Local Government Act 1993 , section 1182(2) 27 the yearly contributions for a permanent employee of a community government are calculated— (a) for the year starting 1 July 2005—at a rate of 12% of the employee’s salary; or (b) for the year starting 1 July 2006—at a rate of 15% of the employee’s salary; or 25 Local Government Act 1993 , sections 454 (Delegate members of committees), 455 (Quorum), 456 (Chairperson of committee) and 457 (Committee meetings) 26 Local Government Act 1993 , sections 458 (Reports), 459 (Minutes must be kept unless committee exempted), 460 (Division applies to local governments and their committees), 461 (Minutes), 462 (Meetings in public unless otherwise resolved), 463 (Closed meetings), 469 (Inspection of records by members) and 473 (Preservation of proceedings) 27 LocalGovernmentAct1993 , section 1182 (Local governments’ liability for permanent employees)

s 50 26 s 53 Local Government (Community Government Areas) Act 2004 (c) for each later year—at a rate of 18% of the employee’s salary. 50 Permanent employees’ liability for superannuation contribution Despite the LocalGovernmentAct1993 , section 1183(1), 28 the yearly contributions for a permanent employee of a community government are calculated— (a) for the year starting 1 July 2005—at a rate of 2% of the employee’s salary; or (b) for the year starting 1 July 2006—at a rate of 4% of the employee’s salary; or (c) for each later year—at a rate of 6% of the employee’s salary. Part 7 Miscellaneous 51 Approval of forms The chief executive may approve forms for use under this Act. 52 Review of Act The Minister must review the efficacy and efficiency of this Act within 4 years of its commencement. 53 Regulation-making power (1) The Governor in Council may make regulations under this Act. (2) A regulation may be made about the following— 28 LocalGovernmentAct1993 , section 1183 (Permanent employees’ liability for contributions)

s 54 27 s 55 Local Government (Community Government Areas) Act 2004 (a) the membership of community governments; (b) the qualifications, and disqualifications, for membership of community governments; (c) elections and by-elections for community governments, including the application of the Local Government Act1993 , chapter 5 29 to the elections and by-elections; (d) the appointment, powers and duties of returning officers for elections and by-elections for community governments; (e) imposing a penalty of not more than 20 penalty units for a contravention of a provision of a regulation. Part 8 Transitional provisions Division 1 Transitional provisions delaying application of certain provisions of Local Government Act 1993 54 Keeping registers of interests—councillor and councillor’s relatives Despite the LocalGovernmentAct1993 , section 247(1), 30 a community government’s chief executive officer is not required to keep registers of interests until 1 July 2005. 55 Keeping register of community government delegations Despite the LocalGovernmentAct1993 , section 472(4), 31 a community government’s chief executive officer is not required to keep a register of delegations until 1 July 2005. 29 Local Government Act 1993 , chapter 5 (Local government elections) 30 Local Government Act 1993 , section 247 (Registers of interests) 31 Local Government Act 1993 , section 472 (Delegation by local government)

s 56 28 s 60 Local Government (Community Government Areas) Act 2004 56 Keeping register of enterprises Despite the LocalGovernmentAct1993 , section 501(1), 32 a community government is not required to keep a register relating to enterprises until 1 July 2005. 57 Preparation and adoption of corporate plan Despite the LocalGovernmentAct1993 , section 504, 33 a community government is not required to prepare and adopt a corporate plan for a period that includes a period before 1 July 2007. 58 Preparation and adoption of operational plan Despite the LocalGovernmentAct1993 , section 508, 34 a community government is not required to prepare and adopt an operational plan for a financial year ending before 1 July 2007. 59 Preparation and adoption of revenue policy Despite the LocalGovernmentAct1993 , section 513A, 35 a community government is not required to prepare and adopt a revenue policy for a financial year ending before 1 July 2006. 60 Adoption of revenue statement Despite the LocalGovernmentAct1993 , section 518, 36 a community government is not required to adopt a revenue statement for a financial year ending before 1 July 2006. 32 Local Government Act 1993 , section 501 (Register of enterprises) 33 Local Government Act 1993 , section 504 (Preparation and adoption of corporate plan) 34 Local Government Act 1993 , section 508 (Preparation and adoption of operational plan) 35 Local Government Act 1993 , section 513A (Preparation and adoption of revenue policy) 36 LocalGovernmentAct1993 , section 518 (Adoption of budget and revenue statement)

s 61 29 s 65 Local Government (Community Government Areas) Act 2004 61 Budget for financial year ending 30 June 2006 A community government’s budget for the financial year ending 30 June 2006, or any amendment of the budget, is not required to comply with the LocalGovernmentAct1993 , sections 519(2) and 520. 37 62 Content of annual report A community government’s annual report for a financial year ending before 1 July 2007 need not contain the information mentioned in the LocalGovernmentAct1993 , sections 533 and 534. 38 63 Keeping register of regulatory fees Despite the Local Government Act 1993 , section 1071E(1), 39 a community government is not required to keep a register of its regulatory fees until 1 July 2005. 64 Having corporate structure Despite the Local Government Act 1993 , section 1127(1), 40 a community government is not required to have a corporate structure appropriate for the conduct of its affairs until 1 July 2005. 65 Deciding resources for staff Despite the LocalGovernmentAct1993 , section 1128, 41 a community government is not required until 1 July 2005 to 37 LocalGovernmentAct1993 , sections 519 (Requirements of budgets) and 520 (Content of operating fund budgets) 38 Local Government Act 1993 , sections 533 (Content of report about implementing corporate and operational plans) and 534 (Content of report about other issues of public interest) 39 Local Government Act 1993 , section 1071E (Register of regulatory fees) 40 Local Government Act 1993 , section 1127 (Corporate structure) 41 Local Government Act 1993 , section 1128 (Resources for staff)

s 66 30 s 68 Local Government (Community Government Areas) Act 2004 decide the resources to be allocated to the employment of staff. 66 Keeping register of chief executive officer delegations Despite the Local Government Act 1993 , section 1132(3), 42 a community government’s chief executive officer is not required to keep a register of delegations until 1 July 2005. 67 Keeping registers of interests—employees (1) Despite the Local Government Act 1993 , section 1139(1), 43 a community government’s mayor is not required to keep registers of interests until 1 July 2005. (2) Despite the LocalGovernmentAct1993 , section 1139(2), a community government’s chief executive officer is not required to keep registers of interests until 1 July 2005. 68 Superannuation (1) Despite the Local Government Act 1993 , section 1181(2), 44 an employee of a community government is not required to be a member of the scheme before 1 July 2005. (2) Despite the Local Government Act 1993 , section 1182(1), 45 a community government is not required to pay the scheme yearly contributions for a permanent employee of the community government for a period before 1 July 2005. 42 Local Government Act 1993 , section 1132 (Delegation by chief executive officer) 43 Local Government Act 1993 , section 1139 (Registers of interests) 44 Local Government Act 1993 , section 1181 (Membership of LG Super scheme) 45 LocalGovernmentAct1993 , section 1182 (Local governments’ liability for permanent employees)

s 69 31 s 71 Local Government (Community Government Areas)Act 2004 Division 2 Other transitional provisions for Local Government (Community Government Areas) Act 2004 69 Definitions for div 2 In this division— Aboriginal council means an Aboriginal council under the Aboriginal Communities (Justice and Land Matters) Act 1984 in existence immediately before the commencement. commencement means commencement of this section. 46 70 Aboriginal council is continued in existence (1) An Aboriginal council mentioned in schedule 3, column 1 is continued in existence as the local government mentioned in schedule 3, column 2 shown opposite the Aboriginal council. (2) Sections 72 and 73 do not limit subsection (1). 71 References to Aboriginal council, council area, by-law or subordinate by-law (1) A reference in an Act or document to an Aboriginal council mentioned in schedule 3, column 1 may, if the context permits, be taken as a reference to the local government mentioned in schedule 3, column 2 shown opposite the Aboriginal council. (2) A reference in an Act or document to the council area of an Aboriginal council mentioned in schedule 3, column 1 may, if the context permits, be taken as a reference to the local government area of the local government mentioned in schedule 3, column 2 shown opposite the Aboriginal council. (3) A reference in an Act or document to a by-law of an Aboriginal council mentioned in schedule 3, column 1 may, if the context permits, be taken as a reference to a local law of 46 Section 69 commenced 1 January 2005 (see 2004 SL No. 266).

s 72 32 s 73 Local Government (Community Government Areas) Act 2004 the local government mentioned in schedule 3, column 2 shown opposite the Aboriginal council. (4) A reference in an Act or document to a subordinate by-law of an Aboriginal council mentioned in schedule 3, column 1 may, if the context permits, be taken as a reference to a subordinate local law of the local government mentioned in schedule 3, column 2 shown opposite the Aboriginal council. 72 Assets and liabilities etc. On the commencement— (a) the assets and liabilities of an Aboriginal council mentioned in schedule 3, column 1 become assets and liabilities of the local government mentioned in schedule 3, column 2 shown opposite the Aboriginal council; and (b) any contracts entered into by or on behalf of an Aboriginal council mentioned in schedule 3, column 1 and all guarantees, undertakings and securities given by or on behalf of or to the Aboriginal council, in force immediately before the commencement, are taken to have been entered into or given by or to the local government mentioned in schedule 3, column 2 shown opposite the Aboriginal council and may be enforced against or by the local government; and (c) any property that, immediately before the commencement, was held on trust, or subject to a condition, by an Aboriginal council mentioned in schedule 3, column 1 continues to be held by the local government mentioned in schedule 3, column 2 shown opposite the Aboriginal council on the same trust or subject to the same condition. 73 Proceedings A proceeding that could have been started or continued by or against an Aboriginal council mentioned in schedule 3, column 1 before the commencement may be started or

s 74 33 s 77 Local Government (Community Government Areas) Act 2004 continued by or against the local government mentioned in schedule 3, column 2 shown opposite the Aboriginal council. 74 Membership of new local government From the commencement, a member of an Aboriginal council mentioned in schedule 3, column 1 is taken to be a councillor of the local government mentioned in schedule 3, column 2 shown opposite the Aboriginal council. 75 Mayor and deputy mayor of new local government (1) From the commencement, the chairperson of an Aboriginal council mentioned in schedule 3, column 1 is taken to be the mayor of the local government mentioned in schedule 3, column 2 shown opposite the Aboriginal council. (2) From the commencement, the deputy chairperson of an Aboriginal council mentioned in schedule 3, column 1 is taken to be the deputy mayor of the local government mentioned in schedule 3, column 2 shown opposite the Aboriginal council. 76 Chief executive officer of new local government From the commencement, the clerk of an Aboriginal council mentioned in schedule 3, column 1 is taken to be the chief executive officer of the local government mentioned in schedule 3, column 2 shown opposite the Aboriginal council. 77 Local laws and subordinate local laws of new local government (1) A by-law of an Aboriginal council mentioned in schedule 3, column 1, other than a by-law mentioned in repealed section 166, is taken to be a local law of the local government mentioned in schedule 3, column 2 shown opposite the Aboriginal council. (2) A subordinate by-law of an Aboriginal council mentioned in schedule 3, column 1 is taken to be a subordinate local law of

s 78 34 s 79 Local Government (Community Government Areas) Act 2004 the local government mentioned in schedule 3, column 2 shown opposite the Aboriginal council. (3) A by-law made under repealed section 166, effective immediately before the commencement, stops being effective on the commencement. (4) In this section— repealed section 166 means the AboriginalCommunities(Justice and Land Matters) Act 1984 , section 166 as in force before its repeal by this Act. 78 Budget The budget of an Aboriginal council mentioned in schedule 3, column 1 for the financial year ending 30 June 2005 is taken to be the budget of the local government mentioned in schedule 3, column 2 shown opposite the Aboriginal council for that financial year. 79 Adopted lending policy (1) An adopted lending policy of an Aboriginal council mentioned in schedule 3, column 1 is taken to be an adopted lending policy under section 38 47 of the local government mentioned in schedule 3, column 2 shown opposite the Aboriginal council. (2) An adopted lending policy of an Aboriginal council mentioned in schedule 3, column 1, that is approved under repealed section 48 is taken to be approved under section 38 for the local government mentioned in schedule 3, column 2 shown opposite the Aboriginal council. (3) In this section— adopted lending policy , of an Aboriginal council, means a lending policy adopted by the Aboriginal council under repealed section 48. 47 Section 38 (Power of a community government to lend an amount to an adult resident)

s 80 35 s 82 Local Government (Community Government Areas) Act 2004 repealed section 48 means the AboriginalCommunities(JusticeandLandMatters)Act1984 , section 48 as in force before its repeal by this Act. 80 Decision, order or action with ongoing operation or effect (1) A decision or order made, or other action taken, by or in relation to an Aboriginal council mentioned in schedule 3, column 1 that immediately before the commencement had an ongoing operation or effect is taken to be a decision or order made, or action taken, by or in relation to the local government mentioned in schedule 3, column 2 shown opposite the Aboriginal council. (2) A person who immediately before the commencement was an Aboriginal police officer under the AboriginalCommunities(Justice and Land Matters) Act 1984 for a council area of an Aboriginal council mentioned in schedule 3, column 1 is taken to be an Aboriginal police officer under that Act for the local government area of the local government mentioned in schedule 3, column 2 shown opposite the Aboriginal council. 81 Resolution with ongoing operation or effect (1) A resolution made by an Aboriginal council mentioned in schedule 3, column 1 that immediately before the commencement had an ongoing operation or effect is taken to be a resolution properly made under the LocalGovernmentAct 1993 , or this Act, by the local government mentioned in schedule 3, column 2 shown opposite the Aboriginal council. (2) However, a resolution mentioned in subsection (1) authorising the payment or provision of remuneration to a councillor of an Aboriginal council stops having effect at the end of 30 June 2005. 82 Financial controller for Aboriginal council (1) An appointment under repealed section 19 of a financial controller for an Aboriginal council mentioned in schedule 3, column 1, effective immediately before the commencement, is taken to be an appointment under section 22 of a financial

s 83 36 s 83 Local Government (Community Government Areas) Act 2004 controller for the local government mentioned in schedule 3, column 2 shown opposite the Aboriginal council. (2) In this section— repealed section 19 means the AboriginalCommunities(JusticeandLandMatters)Act1984 , section 19 as in force before its repeal by this Act. 83 Administrator for Aboriginal council etc. (1) An appointment under repealed section 22 of an administrator for an Aboriginal council mentioned in schedule 3, column 1, effective immediately before the commencement, is taken to be an appointment under the LocalGovernmentAct1993 , section 178 48 of an administrator for the local government mentioned in schedule 3, column 2 shown opposite the Aboriginal council. (2) A committee appointed under repealed section 25, in existence immediately before the commencement, is taken to be a committee appointed under the LocalGovernmentAct1993 , section 181. 49 (3) In this section— repealed section 22 means the AboriginalCommunities(JusticeandLandMatters)Act1984 , section 22 as in force before its repeal by this Act. repealed section 25 means the AboriginalCommunities(JusticeandLandMatters)Act1984 , section 25 as in force before its repeal by this Act. 48 Local Government Act 1993 , section 178 (When administrator must be appointed) 49 Local Government Act 1993 , section 181 (Committee to help administrator)

s 85 37 s 85 Local Government (Community Government Areas)Act 2004 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.

38 Local Government (Community Government Areas)Act 2004 Schedule 3 Local governments that Aboriginal councils become sections 70 to 83 Column 1 Aboriginal council Cherbourg Aboriginal Council Doomadgee Aboriginal Council Hope Vale Aboriginal Council Injinoo Aboriginal Council Kowanyama Aboriginal Council Lockhart River Aboriginal Council Mapoon Aboriginal Council Napranum Aboriginal Council New Mapoon Aboriginal Council Palm Island Aboriginal Council Pormpuraaw Aboriginal Council Umagico Aboriginal Council Woorabinda Aboriginal Council Wujal Wujal Aboriginal Council Yarrabah Aboriginal Council Column 2 Local government Cherbourg Shire Council Doomadgee Shire Council Hope Vale Shire Council Injinoo Shire Council Kowanyama Shire Council Lockhart River Shire Council Mapoon Shire Council Napranum Shire Council New Mapoon Shire Council Palm Island Shire Council Pormpuraaw Shire Council Umagico Shire Council Woorabinda Shire Council Wujal Wujal Shire Council Yarrabah Shire Council

39 Local Government (Community Government Areas)Act 2004 Schedule 4 Dictionary section 3 Aboriginal council , for part 8, division 2, see section 69. approved form means a form approved by the chief executive under section 51. authorised person , for part 4, division 3, see section 33. authorised powers , for part 4, division 3, see section 33. column 1 area map , for part 2, division 1, see section 6. commencement , for part 8, division 2, see section 69. community government means the local government for a community government area. 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 Local

40 Local Government (Community Government Areas)Act 2004 Schedule 4 (continued) Government Act 1993 —the local government area, as changed. Community Government Finance Standards see section 30(1). local government means a local government under the LocalGovernment Act 1993 . local services committee see section 41(1). notice means written notice. reviewable community government matter , for part 3, see section 12.

41 Local Government (Community Government Areas) Act 2004 Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .41 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .41 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .42 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .42 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .43 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 1 July 2008. Future amendments of the Local Government (Community Government Areas) Act 2004 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd num o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = numbered = order in council = omitted = original = page = paragraph = preceding = present = previous Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No. [X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised edition = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered

42 Local Government (Community Government Areas) Act 2004 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. Reprint No. 1 1A 1B 1BA 1C rv 1D 1E 2 Amendments included none 2005 Act No. 26 2005 Act No. 54 — 2007 Act No. 21 2007 Act No. 59 2008 Act No. 30 — Effective 1 January 2005 31 May 2005 18 November 2005 2 January 2006 26 April 2007 15 March 2008 1 July 2008 1 July 2008 Notes prov exp 1 January 2006R1E withdrawn, see R2 5 List of legislation Local Government (Community Government Areas) Act 2004 No. 37 date of assent 27 October 2004 ss 1–2, 85 commenced on date of assent (see s 2) remaining provisions commenced 1 January 2005 (2004 SL No. 266) amending legislation— Local Government Legislation Amendment Act 2005 No. 26 pts 1, 4 date of assent 31 May 2005 commenced on date of assent Local Government and Other Legislation Amendment Act 2005 No. 54 s 1, pt 5 date of assent 18 November 2005 commenced on date of assent Local Government and Other Legislation Amendment Act 2007 No. 21 pts 1, 5 date of assent 26 April 2007 commenced on date of assent Local Government and Other Legislation (Indigenous Regional Amendment Act 2007 No. 59 pts 1, 12 date of assent 22 November 2007 ss 1–2 commenced on date of assent remaining provisions commenced 15 March 2008 (2007 SL No. 336) Councils) Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) and Other Acts Amendment Act 2008 No. 30 ss 1–2(1), pt 6 date of assent 21 May 2008 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 2008 (see s 2(1))

43 Local Government (Community Government Areas) Act 2004 6 List of annotations Notes in text s 5 om 2007 No. 59 s 130 PART 2—COMMUNITY GOVERNMENTS pt hdg amd 2007 No. 59 s 131 Division 1—Declaration of new local government area and establishment of new local governments div 1 (ss 6–9) om 2007 No. 59 s 132 Provisions of Local Government Act 1993 that apply s 11 amd 2005 No. 54 s 33; 2007 No. 21 s 66 Application of enterprise provisions in Local Government Act 1993 s 11A ins 2005 No. 26 s 25 Meaning of “reviewable community government matter” s 14 amd 2005 No. 26 s 26 Commissions must have regard to prescribed issues s 18 amd 2005 No. 26 s 27 Appointment of financial controller s 22 amd 2007 No. 59 s 133 Power of a community government to lend an amount to an adult resident s 38 om 2007 No. 59 s 133A Special accounting provision for particular payments s 40 om 2008 No. 30 s 43 PART 8—TRANSITIONAL PROVISIONS Division 2—Other transitional provisions for Local Government (Community Government Areas) Act 2004 div hdg amd 2007 No. 59 s 133B Transitional regulation-making power s 84 exp 1 January 2006 (see s 84(4)) Division 3—Transitional provisions for Local Government and Other Legislation(Indigenous Regional Councils) Amendment Act 2007 div hdg ins 2007 No. 59 s 133C Amounts loaned to individuals s 85 prev s 85 om R1 (see RA s 40) pres s 85 ins 2007 No. 59 s 133C PART 9—AMENDMENT OF ACTS pt hdg om R1 (see RA s 7(1)(k)) Consequential and other amendments of Acts s 86 om R1 (see RA s 40)

44 Local Government (Community Government Areas)Act 2004 SCHEDULE 1—CONSEQUENTIAL AND OTHER AMENDMENTS OF ACTS om R1 (see RA s 40) SCHEDULE 2—DECLARATION OF NEW LOCAL GOVERNMENT AREAS om 2007 No. 59 s 134 SCHEDULE 4—DICTIONARY def “community government area” sub 2007 No. 59 s 135 © State of Queensland 2008