Local Government (Constitution) Regulations 1996 (WA)
[24 June. 1996 GOVERNMENT GAZETTE, WA 2753 WESTERN AUSTRALLA
LOCAL GOVERNMENT
(CONSTITUTION) REGULATIONS 1996
ARRANGEMENT
Page
Citation
InterpretationProposals to change the method of filling the office of mayor
or president - S. 2.12 Disqualification for membership: serious local government
offences - S. 2.22 Forms of oath, affirmation and declaration - ss. 2.29 and 2.42
Persons before whom oath, affirmation or declaration may be
taken or made - ss. 2.29 and 2.42
Proposals about creating, changing the boundaries of, and
abolishing districts - Sch. 2.1, cl. 2 Request for a poll on a recommended amalgamation -
Sch. 2.1, cl. 8Submission about changes to wards, names or representation
- Sch. 2.2, cl. 3 Transitional provisions as to petitions - S. 9.71 Transitional provisions as to ward changes before the first
elections under the Act - Sch. 2.2 and S. 9.71
SCHEDULE 1 - FORMS
[24 June 1996 GOVERNMENT GAZETTE, WA 2755 LOCAL GOVERNMENT ACT 1995
LOCAL GOVERNMENT (CONSTITUTION) REGULATIONS 1996
Made by His Excellency the Governor in Executive Council.
Citation
1. These regulations may be cited as the Local Government (Constitution) Regulations 1996.
Interpretation
2. (1) In these regulations, unless the contrary intention appears - "commencement day" means the day of coming into operation of the
Act;
"Schedule" means a Schedule to the Act;
"section" means a section of the Act.A reference in these regulations to a Form followed by a designation is a reference to the Form so designated in Schedule 1 to these regulations.
(2)
Proposals to change the method of filling the office of mayor or president - S. 2.12 3. A proposal by electors under section 2.12 to change the method of filling the
office of mayor or president of a local government to the other method mentioned
in section 2.11 (1) (a) or (b) is to be in the form of Form 1.
| 2756 | GOVERNMENT GAZETTE, WA | [24 | June 1996 |
Disqualification for membership: serious local government
offences - S. 2.22 4. For the purposes of section 2.22 -
(a)
the period referred to in paragraph (a) of the definition of "serious local government offence" in section 2.22 (3) is 2 years; and
(b)
the amount referred to in paragraph (b) of the definition of "serious local government offence" in section 2.22 (3) is $10 000.
Forms of oath, affirmation and declaration - ss. 2.29 and 2.42 5. For the purposes of sections 2.29 and 2.42 -
(a) the form of oath of allegiance is set out in Form 2; (b) the form of affirmation of allegiance is set out in Form 3; (C) the form of declaration for a mayor, president, deputy mayor, deputy
president or councillor is set out in Form 4; and(d) the form of declaration for a commissioner is set out in Form 5.
Persons before whom oath, affirmation or declaration may be taken or
made - ss. 2.29 and 2.42 6. (1) An oath, affirmation or declaration required by section 2.29 to be
taken or made by a person elected as a mayor or president is to be taken or
made before -
(a) the immediate predecessor of the person in the office of mayor or president; or (b) an authorized person.
An oath, affirmation or declaration required by section 2.29 to be taken
or made by a person elected as a councillor, deputy mayor or deputy president
is to be taken or made before an authorized person.
(2)
An oath, affirmation or declaration required by section 2.42 to be taken
or made by a person appointed as a commissioner is to be taken or made before
an authorized person.
(3)
[24 June 1996 GOVERNMENT GAZETTE, WA 2757
(4) In this regulation - "authorized person" means a person before whom a statutory
declaration can be made under section 2 of the Declarations and
Attestations Act 1913.
Proposals about creating, changing the boundaries of, and abolishing
districts - Sch. 2.1, cl. 2 7. A proposal by affected electors under clause 2 of Schedule 2.1 (which
provides for proposals about creating, changing the boundaries of, or abolishing
districts) is to be in the form of Form 6.
Request for a poll on a recommended amalgamation -
Sch. 2.1, cl. 88. A request by electors under clause 8 of Schedule 2.1 asking for a recommendation of the Advisory Board that districts be abolished and amalgamated to be put to a poll of electors of the districts is to be in the form of Form 7.
Submission about changes to wards, names or representation
- Sch. 2.2, cl. 3 9. A submission by affected electors under clause 3 of Schedule 2.2 (which
provides for submission about wards, the name of a district or ward or the
number of councillors for a district or ward) is to be in the form of Form 8.
Transitional provisions as to petitions - S. 9.71
10. (1) If a change to the mode of election to an office of mayor or president has been proposed by -
(a) a resolution passed under section 10A (4) (a) of the Local Government Act 1960; or (b) a petition delivered under section 10A (4) (b) of the Local Government Act 1960,
on or after 9 January 1996, but the proposal has not been submitted to a poll of electors under section 10A (4) of the Local Government Act 1960 before the
| 2758 | GOVERNMENT GAZETTE, WA | [24 June 1996 |
commencement day, the resolution or petition has no effect on or after the
commencement day.
(2) Nothing in subregulation (1) prevents the local government concerned from making a decision under section 2.11 (2) to change the method it uses to
fill the office of mayor or president.
(3) If a petition presented to the Governor under section 12 (1) of the Local Government Act 1960 on or after 9 January 1996 has not been acted upon or rejected before the commencement day, the petition is to be regarded, on and after the commencement day, as a proposal made under clause 2 of Schedule 2.1 that a n order be made as to the matters referred to in the petition.
Transitional provisions as to ward changes before the first elections
under the Act - Sch. 2.2 and S. 9.71
11. (1) Despite Schedule 2.2, a local government may (without giving local public notice under clause 7 of Schedule 2.2 and without making any report or proposal to the Advisory Board) propose* to the Minister the making of any order under section 2.2 ( l ) , 2.3 (3) or 2.18 (3), and the Governor may make that order (without any recommendation by the Advisory Board) if the Governor considers that the purpose of the order is to expedite -
(a)
the establishment of a ward system for the local government's district; or
(b)
changes to the existing ward system for the local government's district,
before and for the purposes of the ordinary elections to be held on 3 May 1997.
* Absolute mqjority required An order made in accordance with subregulation (1) has no effect if it is published in the Gazette on or after 14 February 1997.
(2)
[24 June 1996 GOVERNMENT GAZETTE, WA 2759
SCHEDULE 1 - FORMS Form 1
keg. 31
Local Government Act 1995
Local Government (Constitution) Regulations 1996
PROPOSAL TO CHANGE THE METHOD OF FILLING THE OFFICE
OF '"MAYORPRESIDENT*
TO: The 'l!Mayor/President of "' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1. The method of filling the office of '"mayor/president currently used by
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . is "'election by electors/election from amongst the councillors.
2.
The electors of '3' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . whose names, details and signatures are set out in the attached list propose that the
method of electing the 'l'mayor/president of '2' . . . . . . . . . . . . . . . . . . . . be changed to '"election from amongst the councillors/election by electors.
3. A summary of the reasons for the proposed change is as follows -
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4. This proposal is served on behalf of the listed signatories by -
Name . . . . . . . . . . . . . . . . . . . .
Signature . . . . . . . . . . . . . . . . . Date . . . . . . . . . . . . . . . . . . Contact address . . . . . . . . . . . . Phone No. . . . . . . . . . . . . . .
(1) delete the one that does not apply (2) insert name of local government (3) insert name of district * Under section 2.11 (1) of the Local Government Act 1995 the method of filling the office of
mayor or president of a local government is either -
* election by electors of the district; or * election by the council from amongst the councillors. A proposal to change from one method to the other method can be made to the local government by electors of the district who - are a t least 250 in number; or
are at least 10% of the total number of electors in the district.
| 2760 | GOVERNMENT GAZETTE, WA | [24 | June 1996 |
Form 1 continued: form of each page of listed signatories
LIST OF ELECTORS
We, the undersigned, propose that the method of filling the office of
(lJMayor/President of "' . . . . . . . . . . . . . . . . . . . . . . . . . . . . be changed to
"'election from amongst the councillors/election by electors.Address which entitles you
Full name of to vote in the elections of Signature of Date
elector* the local government to elector which this proposal relates
(1) delete the one that does not apply (2)
insert name of local government
* An elector may be one of the following - a resident owner or occupier enrolled to vote at State elections;
an owner of rateable property (e.g. an absentee land owner or an owner of business
premises, vacant land or other non-residential property);
an occupier of rateable property (e.g. a tenant of business premises or other
non-residential property).
[24 June 1996 GOVERNMENT GAZETTE, WA 2761 Form 2
Local Government Act 1995
Local Government (Constitution) Regulations 1996
OATH OF ALLEGIANCE
I, . . . . . . . . . . . . . . . . . . . . . . . . of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . sincerely promise and swear that I will be faithful and bear true allegiance to 'l'
. . . . . . . . . . . . . . . . . , "'herhis heirs and successors, according to law. So help me God.
Sworn at . . . . . . . . . . . . . . on . . . . . . . . . 19 . . .
by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Beforeme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) insert the name of the reigning Sovereign (2) delete the one that does not apply
| 2762 | GOVERNMENT GAZETTE. WA | r24 June 1996 |
Form 3
Local Government Act 1995
Local Government (Constitution) Regulations 1996
AFFIRMATION OF ALLEGIANCE
I, . . . . . . . . . . . . . . . . . . . . . . o f . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . solemnly and sincerely affirm that I will be faithful and bear true allegiance to
(1) . . . . . . . . . . . . . . . . . . . . , "'her/his heirs and successors, according to law.
f f i rmed at . . . . . . . . . . . . . . . . . on . . . . . . . . . 19 . .
by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Before me . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) insert the name of the reigning Sovereign (2) delete the one that does not apply
[24 June 1996 GOVERNMENT GAZETTE, WA 2763 Form 4
Local Government Act 1995
Local Government (Constitution) Regulations 1996
DECLARATION BY ELECTED MEMBER
I, . . . . . . . . . . . . . . . . . . . . . . . . of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . having been elected to the office of "'Mayor/ Deputy Mayor/ President/ Deputy
President/ Councillor of "' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , declare that I take the office upon myself, and will duly and faithfully hlfil the duties of the office for the people in the district according to the best of my judgment and ability, and will observe the code of conduct adopted by "' . . . . . . . . . . . . . . . . . . . . . . . . . . under section 5.103 of the Local Government Act
1 995.'3'
Declared a t . . . . . . . . . . . . . . . . . . . on . . . . . . . . . . . 19 . .
by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Beforeme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) delete those that do not apply (2) insert name of local government (3) delete reference to observance of the code of conduct if the local government
has not yet adopted one
| 2764 | GOVERNMENT GAZETTE, WA | [24 | June 1996 |
Form 5
Local Government Act 1995
Local Government (Constitution) Regulations 1996
DECLARATION BY COMMISSIONER
I, . . . . . . . . . . . . . . . . . . . . . . . . of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
having been appointed to the ofice of Commissioner of "' . . . . . . . . . . . . . . . declare that I take the office upon myself and will duly and faithhlly fulfil the
duties of the office according to the best of my judgment and ability.
Declared a t . . . . . . . . . . . . . . . . on . . . . . . . . . . 19 . .
by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Before me . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) insert name of local government
[24 June 1996 GOVERNMENT GAZETTE, WA 2765 Form 6
Local Government Act 1995
Local Government (Constitution) Regulations 1996
PROPOSAL TO CREATE, CHANGE THE BOUNDARIES OF, OR
ABOLISH A DISTRICT*
TO: The Local Government Advisory Board. 1.
The affected electors whose names, details and signatures are set out in the attached list propose that an order should be made under section 2.1
of the Local Government Act 1995 in relation to the district of 'l' . . . . . 2. A summary of the purposes of the proposed order is as follows - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3. The following documents are attached to and form part of this proposal -
d a statement setting out clearly the nature of the proposal and
the effects of the proposal on local governments; anda plan illustrating any proposed changes to the boundaries of
a district.4. This proposal is served on behalf of the listed signatories by -
Name . . . . . . . . . . . . . . . . . . . .
Signature . . . . . . . . . . . . . . . . . Date . . . . . . . . . . . . . . . . Contact address . . . . . . . . . . . . Phone No. . . . . . . . . . . . .
(1) insert name of district proposed to be created, affected, or abolished * Under clause 2 (1) (d) of Schedule 2.1 to the Local Government Act 1995 a proposal that an order be made under section 2.1 of the A d to create, change the boundaries of, or abolish a district can be made to the Local Government Advisory Board by affected electors who - are at least 250 in number; or
are at least 10% of the total number of affected electors.
"affected electors" are -
electors whose eligibility as electors comes from residence, or ownership or
occupation of property, in the area directly affected by the proposal; or
people who could be electors if the area directly affected by the proposal
became, or became part of, a district.
| 2766 | GOVERNMENT GAZETTE, WA | [24 June 1996 |
Form 6 continued: form of each page of listed signatories
LIST OF AFFECTED ELECTORS
We, the undersigned, propose that an order be made under section 2.1 of the Local Government Act 1995 for the purposes summarized in item 2 of this
proposal in relation to the district of (l' . . . . . . . . . . . . . . . . . . . . . . . . Address which entitles, or
Full name of would entitle, you to vote in Signature of
affected the elections of the local affected Date elector* government of the district elector proposed to be created,
affected or abolished
(1) insert name of district proposed to be created, affected or abolished
* An elector may be one of the following - a resident owner or occupier enrolled to vote at State elections;
an owner of rateable property (e.g. an absentee land owner or an owner of business
premises, vacant land or other non-residential property);
an occupier of rateable property (e.g. a tenant of business premises or other non-residential property);
and an affected elector is -
an elector whose eligibility as an elector comes from residence, or ownership or
occupation of property, in the area directly affected by the proposal; or
a person who could be an elector if the area directly affected by the proposal became,
or became part of, a district.
[24 June 1996 GOVERNMENT GAZETTE, WA 2767 Form 7
Local Government Act 1995
Local Government (Constitution) Regulations 1996
REQUEST FOR A POLL ON A RECOMMENDED AMALGAMATION*
TO: The Minister for Local Government. 1.
The electors of the district of (l' . . . . . . . . . . . . . . . . . . . whose names, details and signatures are set out in the attached list request that the recommendation of the Local Government Advisory Board that the
districts of '2' . . . . . . . . . . . . . . and . . . . . . . . . . . . . . . . be abolished and amalgamated, be put to a poll of electors of the districts. 2. This request is served on behalf of the listed signatories by -
Name . . . . . . . . . . . . . . . . . . . .
Signature . . . . . . . . . . . . . . . . . Date . . . . . . . . . . . . . . . . . . Contact address . . . . . . . . . . . . Phone No. . . . . . . . . . . . . . .
(1) insert name of district whose electors are making the request (2) insert names of the 2 or more districts to be abolished and amalgamated
* Under clause 8 of Schedule 2.1 to the Local Government Act 1995 a request asking for a recommendation of the Local Government Advisory Board that districts be abolished and amalgamated to be put to a poll of electors of the districts can be made to the Minister for Local Government by - at least 250; or
a t least 10%.
of the electors of one of the districts.
| 2768 | GOVERNMENT GAZETTE, WA | [24 June 1996 |
Form 7 continued: form of each page of listed signatories
LIST OF ELECTORS
We, the undersigned, electors of the district of 'l) . . . . . . . . . . . . . . . . . . . . request that the recommended abolition and amalgamation of the districts
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
and . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . be put to a poll of electors of those districts under the Local Government
Act 1995.
Address which entitles you
Full name of to vote in the elections of a Signature of
elector* local government of a elector Date district recommended for
amalgamation
(1) insert name of district whose electors are making the request (2) insert names of the 2 or more districts to be abolished and amalgamated
* An elector may be one of the following - a resident owner or occupier enrolled to vote a t State elections;
an owner of rateable property (e.g. an absentee land owner or an owner of business
premises, vacant land or other non-residential property);
an occupier of rateable property (e.g. a tenant of business premises or other non-
residential property).
[24 June 1996 GOVERNMENT GAZETTE, WA 2769 Form 8
Local Government Act 1995
Local Government (Constitution) Regulations 1996
SUBMISSION ABOUT CHANGES TO WARDS, NAME
OR REPRESENTATION*
TO: The "'Mayor/President of "' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1. The electors of the district of '3' . . . . . . . . . . . . . . . . . . . . . . . . . . whose names, details and signatures are set out in the attached list submit that an order should be made under the Local Government Act 1995 for the following purpose -
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
for the following reasons -
[Attach any other relevant documentation including a map if appropriate.]
2. This submission is served on behalf of the listed signatories by -
Name . . . . . . . . . . . . . . . . . . . .
Signature . . . . . . . . . . . . . . . . . Date . . . . . . . . . . . . . . . . . Contact address . . . . . . . . . . . . Phone No. . . . . . . . . . . . . .
(1) delete the one that does not apply
(2) insert name of local government (3) insert name of district * Under clause 3 of Schedule 2.2 to the Local Government Act 1995 a submission that an order be made under the Act about wards, the name of a district or ward or the number of councillors for a district or ward can be made to the local government concerned by affected electors who - are at least 250 in number; or
are at least 10% of the total number of affected electors.
"affected electors" are those whose eligibility as electors comes from residence, or
ownership or occupation of property, in the area directly affected by the submission.
| 2770 | GOVERNMENT GAZETTE, WA | [24 June 1996 |
Form 8 continued: form of each page of listed signatories
LIST OF AFFECTED ELECTORS
We, the undersigned, submit that an order should be made under the Local Government Act 1995 for the purpose set out in item 1 of this submission in
relation to 'l' . . . . . . . . . . . . . . . . . . . . . . . . . . . . Address which entitles you
Full name of to vote in the elections of Signature of
affected the local government to affected elector Date elector* which this submission relates
I (1) insert name of local government
* An elector may be one of the following - a resident owner or occupier enrolled to vote at State elections;
an owner of rateable property (e.g. an absentee land owner or an owner of business
premises, vacant land or other non-residential property);
an occupier of rateable property (e.g. a tenant of business premises or other non-residential property),
and an affected elector is one whose eligibility as an elector comes from residence, or
ownership or occupation of property, in the area directly affected by the submission.
By His Excellency's Command,
J . PRITCHARD, Clerk of the Council.
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