Local Government Grants Commission Act Amendment Act 1989 (Qld)

59 LOCAL GOVERNMENT GRA :. NTS COMMISSION ACT AM E NDM E NT ACT ANALYSIS OF CONTENTS 1. Short title and citation 2. Commencement 3. Amendment of s. 3. Interpretation 4. Repeal of and new ss. 5 and 6 Members of the Commission Appointment of members 5. Amendment of s. 7. Term of appointment of appointed members 6. Amendment of s. 8. Vacation of office by appointed member 7. Amendment of s. 9. Filling of casual vacancies 8. Amendment of s. 10. Deputies 9. Amendment of s. 11. Proceedings of the Commission 10. Amendment of s. 22. Assistance to the Commission 11. Repeal of s. 23. Entitlements of full-time member in certain circumstances unnuslana ANNO TRICESIMO OCTAVO ELIZABETHAE SECUNDAE REGINAE No. 10 of 1 98 9 An Act to amend the LocalGovernment Grants CommissionAct 1976- 1988 in certain particulars [ASSENTED TO 30TH MARCH, 1989]

60 Local Government Grants Commission Act Amendment Act 1989, No. 10 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 and citation . (1) This Act may be cited as the Local Government Grants Commission Act Amendment Act 1989. (2) In this Act the Local Government Grants Commission Act1976-1988 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Local Government Grants Commission Act 1976-1989. 2. Commencement . (1) Section 1 and this section shall commence on the day this Act is assented to for and on behalf of Her Majesty. (2) Except as provided by subsection (1), the provisions of this Act or such of them as are specified in the Proclamation shall commence on the date or dates appointed by Proclamation. 3. Amendment of s. 3. Interpretation . Section 3 of the Principal Act is amended by- (a) inserting after the definition "the Commission" the following definition:- " "Director" means the Director of Local Government;"; (b) in the definition "the Minister" omitting the word "Treasurer" and substituting the words "Minister for Local Government and Racing". 4. Repeal of and new ss. 5 and 6. (1) The Principal Act is amended by repealing sections 5 and 6 and substituting the following sections:- "5. Members of the Commission . The Commission shall consist of four members nominated by the Minister of whom- (a) three shall be persons possessing knowledge of local government, one of whom shall be chairman; (b) one shall be a person who is anofficer of the Local Government Department, who shall be deputy chairman. 6. Appointment of members . The members and chairman of the Commission shall be appointed by the Governor in Council by notification published in the Gazette.". (2) The persons who, immediately before the commencement of this section, held office as the chairman and members of the Commission shall, on and from that commencement, cease to hold office as such. 5. Amendment of s. 7. Term of appointment of appointed members. Section 7 of the Principal Act is amended by- (a) in the note appearing in and at the beginning of the section omitting the word "appointed";

Local Government Grants Commission Act Amendment Act 1989, No. 10 61 (b) in subsection (1), omitting the words "each appointed member" and substituting the words "each member"; (c) in subsection (2), omitting the words "An appointed member" and substituting the words "A member". 6. Amendment of s. 8. Vacation of office by appointed member. Section 8 of the Principal Act is amended by- (a) in the note appearing in and at the beginning of the section omitting the word "appointed"; (b) in subsection (1)- (i) omitting the words "who is an appointed member"; (ii) adding at the end of paragraph (e) the following words:- G<. (f) in the case of the member referred to in paragraph (b) of section 5, ceases to be an officer of the Local Government Department"; (c) in subsection (2), omitting the words "an appointed member" and substituting the words "a member". 7. Amendment of s. 9. Filling of casual vacancies . Section 9 of the Principal Act is amended by- (a) in subsection (1), omitting the words "an appointed member" and substituting the words "a member"; (b) in subsection (3), omitting the words "appointed member" and substituting the word "member". 8. Amendment of s. 10 . Deputies. Section 10 of the Principal Act is amended by- (a) in subsection (1) omitting the words "an appointed member" and substituting the words "a member"; (b) omitting subsections (3) and (4) and substituting the following subsections:- "(3) Notwithstanding the provisions of subsection (1), if for any reason it is not practicable for the member who is an officer of the Local Government Department to attend any meeting of the Commission, or to act at any time in any other respect as a member of the Commission, the Director may appoint another officer of the Local Government Department as a deputy for that member, to attend the meeting or otherwise act as a member. (4) Notification in writing to the Commission by the Director of the appointment of a person as deputy pursuant to subsection (3) is sufficient authority for that person to act as a member in accordance with the terms of his appointment.";

62 Local Government Grants Commission Act Amendment Act 1989, No. 10 (c) in subsection (5) omitting the words "(whether an appointed member or a member ex officio)"; (d) omitting subsection (7) and substituting the following subsection:- "(7) Without derogating from any other provision of this section, a deputy who acts in the place of the member who is chairman and a deputy who acts in the place of the member who is an officer of the Local Government Department shall be respectively the chairman and deputy chairman while so acting.". 9. Amendment of s. 11 . Proceedings of the Commission . Section 11 of the Principal Act is amended, in subsection (6), by omitting the words "Four members, including at least one of them the chairman and the deputy chairman," and substituting the words "Three members". 10. Amendment of s. 22. Assistance to the Commission . Section 22 of the Principal Act is amended by omitting the words "Under Treasurer" and substituting the word "Director". 11. Repeal of s. 23. Entitlements of full - time member in certain circumstances . The Principal Act is amended by repealing section 23.