Local Government Grants Amendment Act 1985 (WA)

WESTERN AUSTRALIA.

LOCAL GOVERNMENT

GRANTS.

No. 56 of 1985.

AN ACT to amend the Local Government Grants

Act 1978.

[Assented to 28 October 1985.]

BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

1. (1) This Act may be cited as the Local g,iirrrtglelpal Act.

Government Grants Amendment Act 1985.

(2) In this Act the Local Government Grants f;1193.4

Act 1978 is referred to as the principal Act.

No. 56.1 Local Gcaernment Grants. [1985.

Commence-

ment. 2. This Act shall come into operation on a day

to be fixed by proclamation.

Section 3

amended. 3. Section 3 of the principal Act is amended

(a) by inserting in its appropriate alphabetical position, the following definition

"Deputy Chairman" means the deputy chairman of the Commission appointed under section 5 (1) (b); ";

(b) in the definition of "member" by inserting after "Chairman" the following-

" and the Deputy Chairman "; and

(c) by deleting the definitions of "section" and "subsection".

Section 5

amended. 4. Section 5 of the principal Act is amended—

(a) in subsection (1)—

(1) by deleting paragraphs (b) and (c) and substituting the following paragraphs-

" (b) one person appointed as a member and Deputy Chair- man who is an officer of the Department of Local Gov- ernment of the State, nominated by the Per- manent Head of that Department and approved by the Minister; and

1985.] Local Government Grants. [No. 56.

(c) 3 other members appointed on the nomination of the Minister of whom

(i)   one shall be a person selected by the Min- ister from a panel of names submitted by the body known as the Local Govern- ment Association of Western Australia;

(ii)   one shall be a person selected by the Min- ister from a panel of names submitted by the body known as the Country Shire Councils' Association of W.A.; and

(iii)   one shall be a person selected by the Min- ister from a panel of names submitted by the body known as the Country Urban Council's Associa- tion. ";

(b) in subsection (2) by deleting "paragraph (b) of subsection (1)" and substituting the following

" subsection (1) (c) ";

(c) in subsection (5) by deleting "A person" and substituting the following-

" Subject to subsection (7) a person ));

(d) in subsection (6) by deleting "If" and sub- stituting the following-

" Subject to subsection (7), if "; and

No. 56.] Local Government Grants. [1985.

(e) by inserting after subsection (6) the following subsection

'C

(7) A person appointed pursuant to subsection (3) as the deputy of the member appointed under subsection (1) (b) is

(a)	in the event of the absence from a meeting of the Com- mission of that member, entitled to attend that meet- ing, and when so attending is deemed to be a member; and
(b)	in the event that the office of that member becomes vacant before his term of office expires until the office of the member is filled by the ap- pointment of another mem- ber, deemed to be a member,

and while so attending or acting has all the powers, functions and duties of that member other than his powers, functions and duties as Deputy Chairman. ".

Section 6

amended. 5. Section 6 of the principal Act is amended

(a) in subsection (2) by repealing paragraph (f) and substituting the following para- graph

(f) in the case of a member holding the office referred to in section 5 (1) (b), he ceases to be an officer of the Department of Local Government. "; and

1985.] Local Government Grants. [No. 56.

(b) in subsection (3) by deleting "Act, 1904," and substituting the following-

" Act 1978 "; and

(c) by inserting after subsection (3) the follow- ing subsection

CC (4) Each member shall in the

exercise of his powers under this Act have regard to the general interests of local government in the State. ".

Section 7

6. Section 7 of the principal Act is amended in amended.

subsection (2) by deleting "Act, 1904" and sub-

stituting the following-

" Act 1978 ".

7. Section 8 of the principal Act is amended— =11,8 .

(a) by repealing subsection (2) and substitut- ing the following subsection

(4 (2) At a meeting of the Commission

a quorum is constituted by 4 mem-

bers. "; and

(b) by repealing subsection (4) and substitut- ing the following subsection

CC (4) At a meeting of the Commission

where the Chairman is not present, the

Deputy Chairman shall preside. ".

8. Section 10 of the principal Act is amended in amended.)

subsection (2) by deleting "Town" and substituting

the following-

" Urban ".

No. 56.] Local Government Grants. [1985.

Section 13

amended.

9. Section 13 of the principal Act is amended

by deleting "Town" and substituting the following-

" Urban ".

Section 20

inserted. 10. After section 19 of the principal Act the

following section is inserted

Review

of Act. 20. (1) The Minister shall carry out a review of the operation of this Act as soon as is practicable after 1 January 1991 and every 5th anniversary of that date and in the course of such review the Minister shall consider and have regard to

(a)	the effectiveness of the operations of the Commission;
(b)	the need for the continuation of the functions of the Commission; and
(c)	such other matters as appear to him to be relevant to the operation and effectiveness of this Act.

(2) The Minister shall prepare a report based on the review referred to in subsection (1) and shall, as soon as is practicable after its preparation, cause the report to be laid before each House of Parliament. ".