Local Government (De-amalgamation Implementation) Amendment Regulation (No. 1) 2013 (Qld)

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Local Government (De-amalgamation Implementation) Amendment Regulation (No. 1) 2013
Queensland Local Government (De-amalgamation Implementation) Amendment Regulation (No. 1) 2013 Subordinate Legislation 2013 No. 177 made under the Local Government Act 2009 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Amendment of s 4 (Achievement of purpose) . . . . . . . . . . . . . . . 2 4 Amendment of pt 2, hdg (Fresh elections for new local governments) ................................. 2 5 Amendment of s 7 (Application of pt 2) . . . . . . . . . . . . . . . . . . . . 2 6 Replacement of ss 8 and 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 8 Conduct of elections. . . . . . . . . . . . . . . . . . . . . . . . . . 2 9 Notice for elections . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 7 Amendment of s 11 (Remuneration of councillors) . . . . . . . . . . . 4
Local Government (De-amalgamation Implementation) Amendment Regulation (No. 1) 2013 [s 1] 1 Short title This regulation may be cited as the Local Government (De-amalgamation Implementation) Amendment Regulation (No. 1) 2013 . 2 Regulation amended This regulation amends the LocalGovernment(De-amalgamation Implementation) Regulation 2013. 3 Amendment of s 4 (Achievement of purpose) Section 4(c), ‘fresh’— omit. 4 Amendment of pt 2, hdg (Fresh elections for new local governments) Part 2, heading, ‘Fresh elections’— omit, insert— Elections 5 Amendment of s 7 (Application of pt 2) Section 7, ‘fresh elections’— omit, insert— elections ( new local government elections ) 6 Replacement of ss 8 and 9 Sections 8 and 9— omit, insert— 8 Conduct of elections (1) Except to the extent this section or section 9 provides otherwise, the new local government elections must be conducted under the Local Page 2 2013 SL No. 177
Local Government (De-amalgamation Implementation) Amendment Regulation (No. 1) 2013 [s 6] 2013 SL No. 177 Government Electoral Act as if they were quadrennial elections for a local government. (2) The elections must be conducted as if the new local governments and the new local government areas come into existence on the commencement of this section. (3) For the purposes of conducting the elections— (a) the Minister may, by gazette notice, fix a day for the elections for a new local government; and (b) the cut-off day for compiling a voters roll for the elections for a new local government is— (i) at least 5 days, but not more than 7 days, after the publication in a newspaper, under section 9, of notice of the day of the elections; or (ii) a later day fixed by the Minister by gazette notice. (4) Without limiting subsection (1)— (a) a function or power conferred, or obligation imposed, on a person under the LocalGovernmentElectoralAct in relation to a quadrennial election for a local government is conferred or imposed on the person in relation to the new local government elections; and (b) the Court of Disputed Returns may, under the LocalGovernmentElectoralAct, hear and decide an application to dispute the election of a person at a new local government election; and (c) the Court of Appeal may, under the LocalGovernment Electoral Act, hear and decide an appeal against a decision of the court mentioned in paragraph (b). Page 3
Local Government (De-amalgamation Implementation) Amendment Regulation (No. 1) 2013 [s 7] 9 Notice for elections As soon as practicable after the Minister fixes the day for the elections for a new local government, the returning officer must publish, in a newspaper circulating generally in the new local government area for the new local government and in the other ways that the returning officer may consider appropriate, notice of— (a) the day fixed; and (b) the cut-off day for the voters roll for the elections. 7 Amendment of s 11 (Remuneration of councillors) Section 11(3)(b), ‘a fresh election’— omit, insert— an election ENDNOTES 1 Made by the Governor in Council on 12 September 2013. 2 Notified in the gazette on 13 September 2013. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Local Government, Community Recovery and Resilience. © State of Queensland 2013 Authorised by the Parliamentary Counsel Page 4 2013 SL No. 177
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