Local Government Grants Commission Act Amendment Act 1988 (Qld)

435 Queewatallb ANNO TRICESIMO SEPTIMO ELIZABETHAE SECUNDAE REGINAE No. 41 of 1988 An Act to amend the Local GovernmentGrants CommissionAct 1976-1979 in certain particulars [ASSENTED TO 3RD MAY, 1988]

436 Local Government Grants Commission Act Amendment Act 1988, No. 41 BE IT ENACTED by the Queen' s Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled , and by the authority of the same, as follows:- 1. Short title . This Act may be cited as the Local Government Grants Commission Act Amendment Act 1988. 2. Citation . ( 1) In this Act the Local Government Grants CommissionAct 1976-1979 is referred to as the Principal Act. (2) The Principal Act as amended by this Act may be cited as the Local Government Grants CommissionAct 1976-1988. 3. Amendment of s. 3. Interpretation . Section 3 of the Principal Act is amended by- (a) omitting the definition "Local Authority" and substituting the following definition:- "local governing body" means a local governing body within the meaning of the relevant Commonwealth Act;"; (b) inserting after the definition "member" the following definition:- "relevant Commonwealth Act" means the Local Government(Financial Assistance) Act 1986 of the Commonwealth (as amended and in force from time to time) or any Act of the Commonwealth in substitution therefor;". 4. Amendment of s. 5 . Members of the Commission . Section 5 of the Principal Act is amended in subsection (1) by omitting the expression ".", at the end of the subsection, and substituting the following expression and words:- L6 and (c) the Director of Local Government who shall be a member ex officio.". 5. Amendment of s. 7. Term of appointment of appointed members. Section 7 of the Principal Act is amended by omitting from subsection (1) the words "not less than one year and". 6. Amendment of s. 10. Deputies . Section 10 of the Principal Act is amended by- (a) omitting subsections (3), (4) and (5) and substituting the following subsections:- "(3) If for any reason it is not practicable for the Under Treasurer or the Director of Local Government to attend any meeting of the Commission or to act at any time in any other respect as a member of the Commission, the Under Treasurer or, as the case may be, the Director of Local Government may

Local Government Grants Commission Act Amendment Act 1988, No. 41 437 appoint another officer of his Department as his deputy to attend the meeting or otherwise act as a member. (4) Notification in writing to the Commission by the Under Treasurer or, as the case may be, the Director of Local Government of the appointment of a person as his deputy is sufficient authority for that person to act as a member in accordance with the terms of his appointment. (5) A deputy, while acting in the place of a member (whether an appointed member or a member ex officio), has the powers, immunities, functions and authorities and shall perform the duties of that member."; (b) omitting from subsection (6) the words "an appointed member or the Under Treasurer" and substituting the words "a member". 7. Amendment of s. 11. Proceedings of the Commission . Section 11 of the Principal Act is amended in subsection (6) by omitting the word "Three" and substituting the word "Four". 8. Repeal of and new s. 13. The Principal Act is amended by repealing section 13 and substituting the following section:- " 13. Commission to make recommendations to Minister. (1) The Commission shall- (a) make recommendations to the Minister with respect to the allocation of moneys that the State is entitled to receive from the Commonwealth pursuant to the relevant Commonwealth Act by way of financial assistance for local government purposes; (b) make recommendations to the Minister with respect to such other matters relating to the finances of local governing bodies individually or collectively as may be referred to it by the Minister. (2) The Commission shall, in respect of any recommendations made to the Minister pursuant to subsection (1) (a), comply with the provisions of the relevant Commonwealth Act.". 9. Amendment of s. 14 . Inquiries and investigations by Commission. Section 14 of the Principal Act is amended by- (a) omitting subsection (2) and substituting the following subsection:- "(2) For the purpose of an inquiry, the Commission shall be deemed to be a Commission of Inquiry to which the provisions of the Commissions of Inquiry Act 1950-1987, other than sections 4, 4A, 5A, 5B, 10 (3), 13, 14 (IA), 16 (2), 19A, 19B, 19c and 26, apply and, for the purpose of those provisions so applying, each member shall be deemed to be a commissioner and the chairman shall be deemed to be the chairman of a Commission of Inquiry.";

438 Local Government Grants Commission Act Amendment Act 1988, No. 41 (b) omitting subsection (4) and substituting the following subsection:- "(4) The Commission shall receive from a local governing body or from an association of local governing bodies any submissions the local governing body or association desires to make to it in connexion with recommendations to be made by ( t1h)e Commission pursuant to paragraph (a) or (b) of section 13 10. Repeal of and new s . 17. The Principal Act is amended by repealing section 17 and substituting the following section:- "17. Allocation of moneys . The Minister, in making an allocation amongst local governing bodies of moneys referred to in section 13 (1) (a)- (a) shall have regard to the recommendations of the Commission with respect to the allocation of those moneys; and (b) shall comply with the provisions of the relevant Commonwealth Act.". 11. Repeal of s. 18. The Principal Act is amended by repealing section 18. 12. Amendment of s. 19 . Recommendations , etc., to be laid before Legislative Assembly. Section 19 of the Principal Act is amended by- (a) omitting the words "complied with the requirements of section 18" and substituting the words "made an allocation amongst local governing bodies of moneys referred to in section 13 (1) (a)"; (b) omitting the words "referred to in that section". 13. Amendment of s. 20. Distribution of amount of financial assistance . Section 20 of the Principal Act is amended by omitting the words "Local Authorities" and substituting the words "local governing bodies". 14. Amendment of s. 21 . Co-operation by departments , etc. Section 21 of the Principal Act is amended by omitting the words "Local Authority" and substituting the words "local governing body".