Local Government Legislation Amendment Act 1996 (Qld)

Queensland LOCAL GOVERNMENT LEGISLATION AMENDMENT ACT 1996 Act No. 81 of 1996

Queensland LOCAL GOVERNMENT LEGISLATION AMENDMENT ACT 1996 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 PART 2—AMENDMENT OF CITY OF BRISBANE ACT 1924 2 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 3 Amendment of s 3A (Application of the Local Government Act) . . . . . . . . 14 4 Amendment of pt 2, div 4 (Distribution and redistribution of wards) . . . . . 15 5 Omission of pt 2, div 4, subdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 6 Amendment of pt 2, div 4, subdiv 3 (General provisions) . . . . . . . . . . . . . . 15 7 Omission of ss 14L–14P . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 8 Amendment of s 14Q (Electoral rolls) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 9 Amendment of s 16 (Triennial elections) . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 10 Amendment of s 17 (Provisions concerning elections) . . . . . . . . . . . . . . . . 16 11 Repeal of s 20 (Conclusion of elections) . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 12 Amendment of s 58 (Utility charges) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 13 Amendment of s 69 (Other benefits for prompt payment) . . . . . . . . . . . . . . 18 14 Insertion of new pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 PART 6—TRANSITIONAL AND SAVINGS PROVISION FOR AMENDMENTS UNDER LOCAL GOVERNMENT LEGISLATION AMENDMENT ACT 1996 136 Provisions about electoral roll for triennial elections . . . . . . . . . . . . 19 137 Expiry of pt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 PART 3—AMENDMENT OF LOCAL GOVERNMENT ACT 1993 15 Act amended in pt 3 and schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

2 Local Government Legislation Amendment No. 81, 1996 16 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 17 Amendment of s 6 (Meaning of “conclusion” of local government election) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 18 Amendment of s 8 (Meaning of “open to inspection”) . . . . . . . . . . . . . . . . 24 19 Amendment of s 9 (Act applies only so far as expressly provided) . . . . . . 25 20 Amendment of s 10 (How local government Acts apply to Brisbane City Council) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 21 Replacement of s 62 (Local government does not include joint local government in part) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 62 Definitions for pt 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 22 Replacement of s 63 (Types of local government matters) . . . . . . . . . . . . . 26 63 Meaning of “owner” of land for pt 1 . . . . . . . . . . . . . . . . . . . . . . . . . 27 23 Amendment of s 64 (Meaning of “reviewable local government matter”) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 24 Replacement of s 65 (Meaning of “referable local government matter”) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 65 Meaning of “limited reviewable local government matter” . . . . . . 28 25 Replacement of ch 3, pt 1, divs 2 and 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Division 2—Local Government Electoral and Boundaries Review Commissions Subdivision 1—Establishment, constitution and functions of commissions 66 Establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 66A Constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 66B Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Subdivision 2—Business and meetings of commissions 67 Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 67A Times and places of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 67B Quorum at meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 67C Presiding member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 67D Voting at meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 67E Disclosure of interests by members of expanded commission . . . . . 31 67F Additional provisions for disclosure of interests by commissioner and deputy commissioner . . . . . . . . . . . . . . . . . . . . . . 32 Subdivision 3—Miscellaneous 68 Resignation and removal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33

3 Local Government Legislation Amendment No. 81, 1996 Division 3—References of, and applications for, reviewable local government matters Subdivision 1—References to commissioner by Minister 69 Minister may refer certain reviewable local government matters to commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 69A References of reviewable local government matters to be tabled etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 69B Request by commissioner for reference . . . . . . . . . . . . . . . . . . . . . . . 34 Subdivision 2—Applications to commissioner by local governments 70 Limited reviewable local government matters . . . . . . . . . . . . . . . . . 35 Division 3A—Procedures for major and minor references of reviewable local government matters Subdivision 1—Preliminary 71 References of reviewable local government matters . . . . . . . . . . . . 36 71A Appointment of additional review commissioners . . . . . . . . . . . . . . 36 71B Commissions may declare major references . . . . . . . . . . . . . . . . . . . 37 71C Commissions must have regard to prescribed issues . . . . . . . . . . . . 37 71D Restrictions on determinations for City of Brisbane . . . . . . . . . . . . . 37 Subdivision 2—Major references of reviewable local government matters 72 Application of subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 72A Commission may make inquiries . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 72B Preliminary procedures for certain references . . . . . . . . . . . . . . . . . . 38 72C Determination not to implement matter . . . . . . . . . . . . . . . . . . . . . . . 39 72D Public notice of proposed determination to implement matter . . . . 40 72E Commission to consider submissions . . . . . . . . . . . . . . . . . . . . . . . . . 41 72F Holding of referendum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 72G Making final determination and preparation of report . . . . . . . . . . . 42 72H Notification of determination and report to Minister . . . . . . . . . . . . 43 72I Implementation of matter on commission’s report . . . . . . . . . . . . . . 44 72J Implementation of matter at request of Legislative Assembly . . . . 45 Subdivision 3—Minor references of reviewable local government matters 73 Application of subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46

4 Local Government Legislation Amendment No. 81, 1996 73A Commission may make inquiries . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 73B Determination not to implement matter . . . . . . . . . . . . . . . . . . . . . . . 46 73C Notice of proposed determination to implement matter and recommendations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 73D Commission to consider submissions . . . . . . . . . . . . . . . . . . . . . . . . . 47 73E Making final determination and preparation of report . . . . . . . . . . . 48 73F Notification of determination and report to Minister . . . . . . . . . . . . 48 73G Implementation of matter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 Division 3B—Limited reviewable local government matters 74 Application of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 75 Commission may make inquiries . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 76 Commission must have regard to prescribed issues . . . . . . . . . . . . . 50 77 Restriction on determination to implement matter . . . . . . . . . . . . . . 50 78 Action after determination to implement matter . . . . . . . . . . . . . . . . 50 78A Action after determination not to implement matter . . . . . . . . . . . . 51 79 Implementation of matter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 26 Replacement of s 80 (Commissioner may decide to hold inquiry) . . . . . . . 52 80 Expanded commission may decide to hold inquiry for certain matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 27 Replacement of ch 3, pt 1, divs 5 and 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 Division 4A—Referendums Subdivision 1—Preliminary 91 Application of div 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 91A “Approving” or “opposing” referendum question . . . . . . . . . . . . . . . 53 Subdivision 2—Holding referendums 92 Wording of referendum question . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 92A Appointment and role of returning officers for referendum . . . . . . . . 54 92B Referendum day . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 92C Notice of referendum day and other information . . . . . . . . . . . . . . . . 55 92D Voters rolls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 92E Voters roll to be open to inspection and purchase . . . . . . . . . . . . . . 56 92F Explanatory statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 92G Commission may request information from local government . . . . . 57

5 Local Government Legislation Amendment No. 81, 1996 92H Giving statements to affected electors and display of statements and proposed determination . . . . . . . . . . . . . . . . . . . . . . . 57 92I Local government views on referendum . . . . . . . . . . . . . . . . . . . . . . 58 92J Compulsory voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 92K Conduct of referendum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 Subdivision 3—Replacement provisions 93 Preliminary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 93A Direction that poll be conducted by postal ballot . . . . . . . . . . . . . . . 64 93B Ballot papers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 93C Mode of voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 93D Effect of ballot paper . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 93E Scrutineers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 Subdivision 4—Miscellaneous 94 Referendum cost . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 94A Proof of voters roll . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 Division 5—Provisions about commission members Subdivision 1—Commissioner and deputy commissioner 95 Commissioner may direct deputy commissioner to perform commissioner’s functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 Subdivision 2—Appointment, and duration of appointment, of review commissioners 96 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 96A Duration of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 Subdivision 3—Terms of appointment, resignation and termination of appointment of certain commission members 97 Definition for subdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 98 Terms of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 99 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 100 Termination of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 Division 6—Miscellaneous 101 Staff and administrative support . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 102 Annual reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 103 Certain reports to be tabled etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 104 Reports open to inspection and available for purchase . . . . . . . . . . 71

6 Local Government Legislation Amendment No. 81, 1996 105 Additional procedures may be prescribed by regulation . . . . . . . . . . 72 28 Amendment of s 169 (General qualifications for membership) . . . . . . . . . . 72 29 Amendment of s 170 (General disqualifications) . . . . . . . . . . . . . . . . . . . . . 73 29A Amendment of s 171 (Disqualification and vacation of office for certain offences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 29B Replacement of s 190 (Councillor’s declaration of office) . . . . . . . . . . . . . 74 190 Requirements of councillors before acting in office . . . . . . . . . . . . . 74 30 Amendment of s 200 (When councillor’s office becomes vacant) . . . . . . . 75 31 Amendment of s 202 (Filling of later vacancies by appointment) . . . . . . . 75 32 Insertion of new s 219A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 219A Local governments responsible for expenditure for conducting elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 33 Amendment of s 220 (Chief executive officer is returning officer) . . . . . . . 77 34 Replacement of s 221 (Appointment of returning officer if chief executive officer cannot act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 221 Appointment of returning officer in place of the chief executive officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 35 Amendment of s 233 (Quota to be complied with in division of local government area and assignment of councillors) . . . . . . . . . . . . . . . . 79 36 Insertion of new s 238A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 238A Assistant returning officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 37 Amendment of s 240 (Issuing officers) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 38 Replacement of s 242 (Returning officer may act through authorised issuing officer) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 242 Returning officer may act through other officers . . . . . . . . . . . . . . . . 80 39 Insertion of new s 242A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 242A Assistant returning officer may act through certain authorised officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 40 Amendment of s 244 (Qualification for nomination) . . . . . . . . . . . . . . . . . . 81 41 Repeal of s 247 (Endorsed candidates must identify endorsement) . . . . . . 82 42 Amendment of s 249 (Who may nominate) . . . . . . . . . . . . . . . . . . . . . . . . . 82 43 Insertion of new s 251A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 251A Special grounds for deciding a person is not properly nominated . . 82 44 Amendment of s 252 (Certificate of returning officer) . . . . . . . . . . . . . . . . . 84 44A Amendment of s 260 (Disposal of deposits generally) . . . . . . . . . . . . . . . . . 84

7 Local Government Legislation Amendment No. 81, 1996 45 Amendment of s 264 (Direction that poll be conducted by postal ballot) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 46 Amendment of s 265 (Polling booths—general) . . . . . . . . . . . . . . . . . . . . . . 85 47 Amendment of s 273 (Order of listing of candidates’ names) . . . . . . . . . . . 85 48 Amendment of s 293 (Distribution of ballot papers to electors who may or must cast declaration vote) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 49 Amendment of s 295 (Distribution of ballot papers to electors for postal ballot election) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 50 Amendment of s 298 (Declaration voting before polling day) . . . . . . . . . . . 87 51 Insertion of new s 298A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 298A Distribution of declaration envelopes when separate ballot papers or polls on same day . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 52 Amendment of s 302 (Effect of ballot papers—optional-preferential voting) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 53 Amendment of s 303 (Effect of ballot papers—first-past-the-post voting) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 54 Amendment of s 308 (Preliminary counting by presiding officer) . . . . . . . . 90 55 Amendment of s 310 (Procedure for processing declaration envelopes) . . 90 56 Amendment of s 311 (Official counting of votes) . . . . . . . . . . . . . . . . . . . . . 91 57 Amendment of s 315 (Returning officer’s duty after counting votes) . . . . . 91 58 Insertion of new s 317A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 317A Resolution about electors who fail to vote . . . . . . . . . . . . . . . . . . . . 92 59 Amendment of s 318 (List of electors failing to vote) . . . . . . . . . . . . . . . . . 92 60 Replacement of s 319 (Notice to elector failing to vote) . . . . . . . . . . . . . . 92 319 Notice of failure to vote etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 319A Payments for failure to vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 61 Amendment of s 320 (Recording response to notice) . . . . . . . . . . . . . . . . . . 94 62 Insertion of new s 323A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 323A Notice to electors whose ballot papers are not accepted . . . . . . . . . 95 63 Amendment of s 349 (Injunctions to restrain contravention of chapter) . . . 95 63A Insertion of new ch 5, pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 PART 8—DISCLOSURE OF ELECTION GIFTS Division 1—Preliminary 355A Definitions for pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96

8 Local Government Legislation Amendment No. 81, 1996 355B Candidates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 355C Things taken to be done by political party . . . . . . . . . . . . . . . . . . . . 99 355D Related corporations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 Division 2—Disclosure periods Subdivision 1—Disclosure periods for candidates for elections 355E Purpose of subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 355F Disclosure period for candidates at previous elections . . . . . . . . . . . 99 355G Disclosure period for candidates at previous fresh elections . . . . . 100 355H Disclosure period for new candidates . . . . . . . . . . . . . . . . . . . . . . . . 100 355I Disclosure period for certain candidates who are appointed councillors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 Subdivision 2—Disclosure period for third parties for elections 355J Purpose of subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 355K Disclosure period for s 355Q . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 Subdivision 3—Transitional provisions for start of disclosure periods 355L Transitional provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 Division 3—Disclosure of gifts Subdivision 1—Disclosure by candidates for elections 355M Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 355N Gifts to candidates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 355O Certain gifts not to be received . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 355P Chief executive officer to give reminder notice to candidates . . . 104 Subdivision 2—Disclosure by third parties for elections 355Q Gifts for third party expenditure for political purposes . . . . . . . . . . 105 355R No requirement to give return if no further gifts to disclose . . . . . . 107 Subdivision 3—Amendment of returns 355S Amendment of returns . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 Division 4—Registers 355T Registers of electoral gifts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 355U Access to registers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 355V Queries on contents of register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 Division 5—Miscellaneous 355W Offences about returns . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109

9 Local Government Legislation Amendment No. 81, 1996 355X Records to be kept . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 355Y Obtaining of information and completion of returns . . . . . . . . . . . . 111 355Z Attempts to commit offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112 355ZA Non-compliance with part does not affect election . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112 Division 6—Evidence 355ZB Evidentiary provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 64 Insertion of new ch 7A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 CHAPTER 7A—NATIONAL COMPETITION REFORM OF SIGNIFICANT BUSINESS ACTIVITIES PART 1—OBJECT AND APPLICATION 458A Object . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 458B Application to Brisbane City Council . . . . . . . . . . . . . . . . . . . . . . . 113 PART 2—DEFINITIONS 458C Definitions for ch 7A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114 PART 3—PUBLIC BENEFIT ASSESSMENT OF TYPES 1 AND 2 BUSINESS ACTIVITIES Division 1—Subject matter of public benefit assessments 458D Matters to be addressed by public benefit assessment for type 1 business activity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 458E Matters to be addressed by public benefit assessment for type 2 business activity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 458F What is corporatisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 458G What is commercialisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118 458H What is full cost pricing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119 Division 2—Content of public benefit assessment report 458I Matters to be addressed in public benefit assessment reports . . . . 119 Division 3—Local government to undertake assessments 458J Public benefit assessments to be undertaken . . . . . . . . . . . . . . . . . 120 458K Local government to resolve on assessment and report process . . 120 458L Timing for assessments and reports . . . . . . . . . . . . . . . . . . . . . . . . . 121 458M Regulation about public benefit assessment and public benefit assessment reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121 65 Amendment of s 493 (Local law policy binding on local government) . . 121

10 Local Government Legislation Amendment No. 81, 1996 66 Amendment of s 552 (Expiry of part) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121 67 Amendment of s 569 (Utility charges) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122 68 Amendment of s 611 (Payment by instalments) . . . . . . . . . . . . . . . . . . . . . 124 69 Amendment of s 612 (Meaning of “overdue rate”) . . . . . . . . . . . . . . . . . . 124 70 Amendment of s 619 (Other benefits for prompt payment) . . . . . . . . . . . . 125 71 Amendment of s 627 (Remission, composition and settlement of rates) . 125 72 Amendment of s 628 (Deferral of liability to pay rates) . . . . . . . . . . . . . . 126 73 Amendment of s 638 (Starting and ending of sale procedures) . . . . . . . . . 127 74 Amendment of s 640 (Reserve price at auction) . . . . . . . . . . . . . . . . . . . . 127 75 Amendment of s 697 (Local laws about dogs) . . . . . . . . . . . . . . . . . . . . . . 127 76 Amendment of s 721 (Personnel practices) . . . . . . . . . . . . . . . . . . . . . . . . . 127 77 Amendment of s 774 (Permanent employees’ liability for contributions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128 78 Insertion of new s 792A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128 792A Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128 79 Insertion of new s 793A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128 793A Declaration of existing electoral wards of City of Brisbane . . . . . 128 80 Replacement of s 802 (Repeal if no review of pre-existing law) . . . . . . . 129 802 Repeal if no review of pre-existing law . . . . . . . . . . . . . . . . . . . . . . 129 81 Amendment of s 803 (Expiry of division) . . . . . . . . . . . . . . . . . . . . . . . . . . 129 82 Amendment of ch 15 (Transitional and savings provisions, repeals and amendments) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 83 Amendment of ch 15, pt 1 (Transitional and savings provisions) . . . . . . . 129 84 Replacement of ch 15, pt 1, div 5 (Local government staff) . . . . . . . . . . . 129 Division 5—Transitional and savings provisions for amendments under Local Government Legislation Amendment Act 1996 810 Rosalie Shire undivided for 1997 triennial election . . . . . . . . . . . . 130 811 Water charges by Livingstone Shire Council for 1993–1994 financial year . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130 812 Electoral wards of City of Brisbane for 1997 triennial election . . . 131 813 Local government commissioner reports . . . . . . . . . . . . . . . . . . . . . 131 814 Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 PART 4—AMENDMENT OF PUBLIC SERVICE ACT 1996 85 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132

11 Local Government Legislation Amendment No. 81, 1996 86 Amendment of s 109 (Who is a “term appointee”) . . . . . . . . . . . . . . . . . . 132 SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . 133 MINOR AND CONSEQUENTIAL AMENDMENTS OF LOCAL GOVERNMENT ACT 1993

Queensland Local Government Legislation Amendment Act 1996 Act No. 81 of 1996 An Act to amend legislation about local government, and for other purposes [Assented to 16 December 1996]

s 1 14 s 3 Local Government Legislation Amendment No. 81, 1996 The Parliament of Queensland enacts— PART 1—PRELIMINARY ˙ Short title 1. This Act may be cited as the Local Government Legislation Amendment Act 1996 . PART 2—AMENDMENT OF CITY OF BRISBANE ACT 1924 ˙ Act amended in pt 2 2. This part amends the City of Brisbane Act 1924 . ˙ Amendment of s 3A (Application of the Local Government Act) 3.(1) Section 3A(2), ‘• part 1 (Review of local government matters)’— omit, insert— ‘• part 1 (Reviewable local government matters)’. (2) Section 3A(2), from ‘• section 244’ to ‘contest election)’— omit, insert— ‘• chapter 5 (Local government elections) • part 5 (Division of local government areas) • part 6 (Conduct of elections) • section 244 (Qualification for nomination) • section 245 (Prohibition of dual candidature) • section 246 (Leave to local government employee to

s 4 15 s 8 Local Government Legislation Amendment No. 81, 1996 contest election) • section 249 (Who may nominate)’. (3) Section 3A(2), after ‘• part 4 (Enterprises)’— insert — ‘• chapter 7A (National competition reform of significant business activities)’. ˙ Amendment of pt 2, div 4 (Distribution and redistribution of wards) 4. Part 2, division 4, heading— omit. ˙ Omission of pt 2, div 4, subdiv 2 5. Part 2, division 4, subdivision 2— omit. ˙ Amendment of pt 2, div 4, subdiv 3 (General provisions) 6. Part 2, division 4, subdivision 3, heading— omit. ˙ Omission of ss 14L–14P 7. Sections 14L to 14P— omit. ˙ Amendment of s 14Q (Electoral rolls) 8.(1) Section 14Q(1), from ‘determined’ to ‘Governor’— omit. (2) Section 14Q(4)— omit.

s 9 16 s 12 Local Government Legislation Amendment No. 81, 1996 ˙ Amendment of s 16 (Triennial elections) 9. Section 16(1), (1A) and (2)— omit, insert — ‘ (1) A triennial election of the councillors is to be held on 15 March 1997. 1 ‘ (2) However, a regulation may fix a different date for the election. ‘ (2A) Later triennial elections are to be held in every third year after 1997 on the last Saturday in March. ‘ (2B) However, a regulation may fix a different date for a particular year.’. ˙ Amendment of s 17 (Provisions concerning elections) 10. Section 17(3A)(a) and (b), ‘calendar year next preceding the calendar’— omit . ˙ Repeal of s 20 (Conclusion of elections) 11. Section 20— omit . ˙ Amendment of s 58 (Utility charges) 12. Section 58— insert — ‘ (6) The council may do 1 or more of the following— (a) make and levy a utility charge for services supplied or to be supplied during part of the financial year and part of another financial year; 1 See Local Government Act 1993, section 812 (Electoral wards of City of Brisbane for 1997 triennial election).

s 12 17 s 12 Local Government Legislation Amendment No. 81, 1996 (b) make and levy differing charges for services supplied or to be supplied during various periods in 1 or more financial years; (c) in making and levying differing charges under paragraph (b), decide the way the charges are to be apportioned. Examples of application of subsection (6) — 1. For water used between 30 April 1998 and 31 July 1998, the council may resolve to charge— (a) for water used (as measured) during the period 30 April 1998 to 31 July 1998 on the basis of the charge made at the budget meeting for the 1997-1998 financial year; or (b) for water used (as measured) during the period 30 April 1998 to 31 July 1998 on the basis of the charge made at the budget meeting for the 1998-1999 financial year; or (c) for— (i) water used (as measured) during the period 30 April 1998 to 30 June 1998 on the basis of the charge made at the budget meeting for the 1997-1998 financial year; and (ii) water used (as measured) during the period 1 July 1998 to 31 July 1998 on the basis of the charge made at the budget meeting for the 1998-1999 financial year; or (d) an apportioned charge for water used during the 2 periods (30 April 1998 to 30 June 1998 and 1 July 1998 to 31 July 1998) on the basis of— (i) the total amount of water used (as measured) during the period 30 April 1998 to 31 July 1998—93 days—being apportioned to each period according to the respective lengths of the periods—62 days and 31 days respectively; or (ii) another basis set out in the resolution. 2. The council may resolve to charge for water supplied between 1 July 1998 and 30 June 1999— (a) for the period 1 July 1998 to 28 February 1999—a flat charge of $300 with an excess charge of $1 per kL of water used greater than 350 kL; and (b) for the period 1 March 1999 to 30 June 1999—an amount based on the actual consumption of water during the period. ‘ (7) Despite subsection (6), the council must not for a financial year make and levy a utility charge for services supplied or to be supplied other than in that, the previous or the next financial year.

s 13 18 s 13 Local Government Legislation Amendment No. 81, 1996 ‘ (8) Charges made and levied in accordance with a decision under subsection (6) are lawfully made and levied under this Act. ‘ (9) Subsections (6) to (8) apply despite the reference in sections 48 and 53 2 to the making and levying of rates and charges for a financial year. ‘ (10) If— (a) a meter or other measuring device is to be read on a particular day for working out the amount of a charge to be levied by the council for a service; and (b) the council resolves to apply this subsection to the reading of meters or other measuring devices; it is taken to have been read on that day if it is read within a period of 2 weeks before or after the day. Example for subsection (10) — If the council resolves to apply this subsection to the supply of water that is to be charged on the basis of usage for a period ended 30 April and a meter is read on 10 May, that reading is taken to be the reading at 30 April for the purposes of calculating the water usage during the period. ‘ (11) Subsection (10) does not restrict the council’s power to make local laws relating to other aspects of the administration of metered consumption of water. Example for subsection (11) — A local law may be made to provide for water consumption to be estimated on the basis of the best information reasonably available if a water meter is found to be malfunctioning or inoperative during any period of consumption.’. ˙ Amendment of s 69 (Other benefits for prompt payment) 13. Section 69— insert— ‘ (2) In subsection (1)— “benefits” include chances of winning a prize in a lottery conducted by the 2 Sections 48 (Power to make and levy rates and charges) and 53 (Making of rates and charges)

s 14 19 s 14 Local Government Legislation Amendment No. 81, 1996 council. ‘ (3) For a lottery conducted by the council solely to provide a benefit for this section— (a) the Art Unions and Public Amusements Act 1992 does not apply; and (b) the council must— (i) by resolution make rules for the conduct of the lottery; and (ii) conduct the lottery in accordance with the rules for it. ‘ (4) Subsections (2), (3) and this subsection expire on 30 June 1998.’. ˙ Insertion of new pt 6 14. After section 135— insert — ‘ PART 6—TRANSITIONAL AND SAVINGS PROVISION FOR AMENDMENTS UNDER LOCAL GOVERNMENT LEGISLATION AMENDMENT ACT 1996 ˙ ‘ Provisions about electoral roll for triennial elections ‘ 136. It is declared that section 17(3A) 3 as amended by the Local Government Legislation Amendment Act 1996 applies and always did apply from 18 December 1990. ˙ ‘ Expiry of pt ‘ 137. This part expires on 1 May 1997.’. 3 Section 17 (Provisions concerning elections)

s 15 20 s 16 Local Government Legislation Amendment No. 81, 1996 PART 3—AMENDMENT OF LOCAL GOVERNMENT ACT 1993 ˙ Act amended in pt 3 and schedule 15. This part and the schedule amend the Local Government Act 1993 . ˙ Amendment of s 4 (Definitions) 16.(1) Section 4, definitions “commissioner” , “declaration envelope” , “deputy commissioner” , “electoral officer” , “issuing officer” , “member” , “owner” and “referable local government matter” — omit. (2) Section 4— insert— ‘ “affected area” , for a reviewable local government matter, means an area, or part of an area, prescribed under a regulation for the matter. “affected elector” means— (a) for an affected area (that is not divided into voting areas) for a reviewable local government matter for which a referendum is to be held in relation to an electoral and boundaries review commission’s proposed determination of the matter—a person who, on the referendum roll cut-off day, is, under the ElectoralAct 1992 , an elector for an electoral district, or part of an electoral district, included in the affected area; or (b) for a voting area of an affected area for a reviewable local government matter for which a referendum is to be held for an electoral and boundaries review commission’s proposed determination of the matter—a person who, on the referendum roll cut-off day, is, under the Electoral Act 1992 , an elector for an electoral district, or part of an electoral district, included in the voting area. “approve” , a referendum question, see section 91A. “approved form” see section 792A.

s 16 21 s 16 Local Government Legislation Amendment No. 81, 1996 “chairperson” , of an expanded commission, means— (a) if the commission is a special commission—the member mentioned in section 66A(1)(a); or (b) if paragraph (a) does not apply—the commission member who is the commissioner or deputy commissioner. “commissioner” means the electoral commissioner under the Electoral Act1992 . “compulsory referendum” see section 72F. “declaration envelope” means an envelope on which there is a declaration that has been, or a form of declaration that is to be, made by an elector. “deputy commissioner” means the deputy electoral commissioner under the Electoral Act 1992 . “electoral and boundaries review commission” means a Local Government Electoral and Boundaries Review Commission established under section 66. “electoral officer” , for an election, means the returning officer, an assistant returning officer or a presiding or issuing officer. “expanded commission” means an electoral and boundaries review commission constituted by more than 1 commission member. “explanatory statement” see section 92F. “implementation issues” , for a reviewable local government matter mentioned in section 64(1)(a), (c), (e) or (f), means— (a) the apportionment of assets and liabilities between the local governments concerned; and (b) the application of existing local laws, planning schemes and interim development control provisions; and (c) the preservation of— (i) valuations of, and rates levied on, rateable land that would be affected by the matter if it were implemented; and (ii) any existing debentures issued by the local governments; and (d) the rationalisation of staff of the local governments; and

s 16 22 s 16 Local Government Legislation Amendment No. 81, 1996 (e) anything else prescribed under a regulation. “issuing officer” means a person appointed to issue ballot papers, declaration envelopes or declaration forms to electors, and includes a returning officer, assistant returning officer and presiding officer when carrying out any of those functions. “limited reviewable local government matter” see section 65. “majority” , of commission members of an expanded commission constituted by an even number of members, means at least one-half the members plus 1. “major reference” , for a reviewable local government matter, means— (a) a reference of, or reference including, a reviewable local government matter mentioned in section 64(1)(g) or (h) that, if implemented, would affect the City of Brisbane; or (b) a reference of another reviewable local government matter that— (i) the Minister states in the reference of the matter is a major reference; or (ii) the commissioner or an electoral and boundaries review commission declares under section 71 or 71B is a major reference. 4 “member” for— (a) a joint local government—includes the president and deputy president of the joint local government; or (b) a local government committee—includes the chairperson and deputy chairperson of the committee; or (c) the Local Government Grants Commission—includes the chairperson and deputy chairperson of the commission; or (d) an electoral and boundaries review commission—means a member of the commission. “minor reference” , for a reviewable local government matter, means a reference the commissioner declares, under section 71, is a minor 4 A special reference is a major reference under paragraph (a)—see definition “special reference”.

s 16 23 s 16 Local Government Legislation Amendment No. 81, 1996 reference, but does not include a reference an electoral and boundaries review commission declares, under section 71B, to be a major reference. “non-compulsory referendum” see section 72F. “oppose” , a referendum question, see section 91A. “owner” , of land, see— (a) for chapter 3, part 1—section 63; or (b) for all provisions—section 5. “prescribed offices” see section 8. “question” , for a referendum, means the question asked at the referendum. “referendum” means a referendum under chapter 3, part 1, division 4A, for an electoral and boundaries review commission’s proposed determination of a reviewable local government matter. “referendum day” see section 92B. “referendum notice” , for a referendum, see section 92C. “referendum roll cut-off day” , for a referendum, means the day stated in the referendum notice for the referendum as the referendum roll cut-off day. “returning officer” , for a referendum, means the person appointed under section 92A as the returning officer for the referendum. “review commissioner” means a review commissioner appointed under chapter 3, part 1, division 5, subdivision 2. “special commission” means an electoral and boundaries review commission established for a special reference of a reviewable local government matter. “special reference” , for a reviewable local government matter, means a reference under section 235 of a reviewable local government matter mentioned in section 64(1)(g) or (h) that, if implemented, would affect the City of Brisbane. “voting areas” , of an affected area, mean the parts into which an affected area is divided, under a regulation, for a referendum.

s 17 24 s 18 Local Government Legislation Amendment No. 81, 1996 ˙ Amendment of s 6 (Meaning of “conclusion” of local government election) 17.(1) Section 6, after ‘of a councillor’— insert — ‘, other than a councillor of the Brisbane City Council,’. (2) Section 6(a), ‘published’— omit, insert — ‘displayed in the local government’s public office’. (3) Section 6(b)(i), ‘published’— omit, insert — ‘displayed in the local government’s public office’. (4) Section 6(c)(i), ‘published’— omit, insert — ‘displayed in the local government’s public office’. (5) Section 6— insert — ‘ (2) The “conclusion” of the election of a councillor of the Brisbane City Council is— (a) for a triennial election—when the names of all candidates elected are published in the gazette; or (b) for a by-election whether or not a poll is conducted—when the name of the candidate elected is published in the gazette. 5 ’. ˙ Amendment of s 8 (Meaning of “open to inspection”) 18.(1) Section 8(1)(b)— omit, insert— 5 Electoral Act 1992 , section 123(2)(c) provides for publication in the gazette of the name of each candidate elected. That section is applied to the conduct of Brisbane City Council elections—see City of Brisbane Act 1924 , section 17(5).

s 19 25 s 19 Local Government Legislation Amendment No. 81, 1996 ‘(b) if it is a document relating to an electoral and boundaries review commission’s examination or determination of a reviewable local government matter— (i) it must be held in the Electoral Commission’s office at Brisbane and the public office of each local government concerned (the “prescribed offices” ); and (ii) it may also be held at another office under arrangements made by the commission; and (c) if it is a document of another entity—it must be held in an office of the entity that is open to the public.’. ˙ Amendment of s 9 (Act applies only so far as expressly provided) 19.(1) Section 9(2), ‘• part 1 (Review of local government matters)’— omit, insert— ‘• part 1 (Reviewable local government matters)’. (2) Section 9(2), from ‘• section 244’ to ‘contest election)’— omit, insert— ‘• chapter 5 (Local government elections) • part 5 (Division of local government areas) • part 6 (Conduct of elections) • section 244 (Qualification for nomination) • section 245 (Prohibition of dual candidature) • section 246 (Leave to local government employee to contest election) • section 249 (Who may nominate)’. (2) Section 9(2) after ‘• part 4 (Enterprises)’— insert — ‘• chapter 7A (National competition reform of significant business activities)’.

s 23 26 s 23 Local Government Legislation Amendment No. 81, 1996 ˙ Amendment of s 10 (How local government Acts apply to Brisbane City Council) 20. Section 10(a)— insert — ‘to(vaii)local government’s public office includes a reference to the premises kept by the Brisbane City Council as its public office and a place the council has, by resolution or under a local law, declared to be its public office for a stated matter; and (viii)to a triennial election includes a triennial election under the City of Brisbane Act 1924 ; and (ix) to an election includes a reference to an election under the City of Brisbane Act 1924 ; and (x) to a councillor includes the mayor and councillors of the Brisbane City Council; and (xi) to a by-election includes a reference to a separate election to fill a vacancy in the office of mayor or other councillor of the Brisbane City Council.’. ˙ Replacement of s 62 (Local government does not include joint local government in part) 21. Section 62— omit, insert— ˙ ‘ Definitions for pt 1 ‘ 62. In this part— “commission” means a Local Government Electoral and Boundaries Review Commission established under section 66. “local government” does not include a joint local government.’. ˙ Replacement of s 63 (Types of local government matters) 22. Section 63— omit, insert—

s 24 27 s 25 Local Government Legislation Amendment No. 81, 1996 ˙ ‘ Meaning of “owner” of land for pt 1 ‘ 63.(1) In this part, an “owner” of land 6 includes— (a) the State—if the land— (i) is State land; or (ii) is to be held as freehold land and is being purchased from the State under an Act; or (iii) is held under a lease from the State; or (iv) is dedicated as a reserve, or granted in fee simple in trust, under the Land Act 1994 , chapter 3, part 1; or (v) is held under an occupation permit under an Act, a stock grazing permit under an Act or a permit prescribed under a regulation; or (vi) is held under a permit to occupy under the Land Act 1994 ; or (vii) is held under a permission to occupy from the Primary Industries Corporation; or (viii)is held under a licence under the Land Act 1994 ; and (b) if the land is dedicated as a reserve, or granted in fee simple in trust, under the Land Act 1994 , chapter 3, part 1—the trustees of the land. ‘ (2) In addition to a person mentioned in subsection (1), a regulation may prescribe another person to be an owner of land for this part.’. ˙ Amendment of s 64 (Meaning of “reviewable local government matter”) 23.(1) Section 64— insert— ‘ (1A) However, for subsection (1)(d), (i), (j) or (k)— (a) Brisbane City Council is not a local government; and 6 This section extends the meaning of “owner”, of land, for this part—see section 4, definition “owner” and section 5 (Meaning of “owner” of land).

s 25 28 s 25 Local Government Legislation Amendment No. 81, 1996 (b) the City of Brisbane is not a local government area. ‘ (1B) Also, for subsection (1)(a), the City of Brisbane is not a local government area except to the extent the provision relates to creating a new local government area from a part excluded from the City of Brisbane. ‘ (1C) In addition, for subsection (1)(f), the City of Brisbane is not a local government area except to the extent the provision relates to the merging of an abolished local government area with the City of Brisbane.’. (2) Section 64— insert— ‘ (2A) Without limiting subsection (2), naming the electoral wards of the City of Brisbane is an aspect of the matters mentioned in subsection (1)(g) and (h).’. ˙ Replacement of s 65 (Meaning of “referable local government matter”) 24. Section 65— omit, insert— ˙ ‘ Meaning of “limited reviewable local government matter” ‘ 65.(1) Changing the external boundaries of a local government area by excluding part of the local government area and including the part in another local government area is a “limited reviewable local government matter” if the local governments for the areas and all owners of land in the part have agreed to the change. ‘ (2) Also, including in a local government area a part of the State that is not part of a local government area is a “limited reviewable local government matter” if the local government for the area and all owners of land in the part have agreed to the inclusion.’. ˙ Replacement of ch 3, pt 1, divs 2 and 3 25. Chapter 3, part 1, divisions 2 and 3— omit, insert— ‘ Division 2—Local Government Electoral and Boundaries Review Commissions

s 25 29 s 25 Local Government Legislation Amendment No. 81, 1996 ‘ Subdivision 1—Establishment, constitution and functions of commissions ˙ ‘ Establishment ‘ 66. There is to be a Local Government Electoral and Boundaries Review Commission for— (a) each reference of a reviewable local government matter made to the commissioner; and (b) each application for determination of a limited reviewable local government matter made to the commissioner. 7 ˙ ‘ Constitution ‘ 66A.(1) A commission for a special reference of a reviewable local government matter is constituted by— (a) a person who— (i) is a judge or former judge of a court of the Commonwealth or a State or Territory; and (ii) has been, or was, a judge for at least 3 years; and (b) the chief executive of a department; and (c) the commissioner or, if the commissioner directs, the deputy commissioner. ‘ (2) A commission for a reference of another reviewable local government matter is constituted by the commissioner or, if the commissioner directs, the deputy commissioner. ‘ (3) However, if the commissioner considers it appropriate for the commission under subsection (2) to be partly constituted by review commissioners, the commission is to be partly constituted by the number of review commissioners the commissioner considers appropriate for the reference. 7 See division 3 (References of, and applications for, reviewable local government matters), subdivision 1 (References to commissioner by Minister) and subdivision 2 (Applications to commissioner by local governments)

s 25 30 s 25 Local Government Legislation Amendment No. 81, 1996 ‘ (4) Also, if the Minister has directed in the reference of the matter under subsection (2) that a minimum number of review commissioners partly constitute the commission for the reference, the commission is to be partly constituted by at least that number of review commissioners. ‘ (5) A commission for an application for determination of a limited reviewable local government matter is constituted by the commissioner or, if the commissioner directs, the deputy commissioner. ˙ ‘ Functions ‘ 66B. The functions of a commission are, under this part, to— (a) examine and determine reviewable local government matters; and (b) examine, report and make recommendations to the Minister on implementation issues for reviewable local government matters. ‘ Subdivision 2—Business and meetings of commissions ˙ ‘ Conduct of business ‘ 67. A commission must conduct its business in the way prescribed under a regulation or, in the absence of a regulation, may conduct its business as it considers appropriate. ˙ ‘ Times and places of meetings ‘ 67A.(1) Meetings of an expanded commission are to be held at the times and places it decides. ‘ (2) However, the chairperson of an expanded commission may at any time call a meeting by giving the other commission members reasonable notice of the meeting. ˙ ‘ Quorum at meetings ‘ 67B. Business may be conducted at an expanded commission meeting only if a majority of commission members are present.

s 25 31 s 25 Local Government Legislation Amendment No. 81, 1996 ˙ ‘ Presiding member ‘ 67C. At a meeting of an expanded commission— (a) the chairperson of the commission presides; or (b) in the absence of the chairperson, the commission member chosen by the members present as chairperson for the meeting presides. ˙ ‘ Voting at meetings ‘ 67D. At a meeting of an expanded commission— (a) a question is to be decided by a majority of commission members present and voting; and (b) each member (including the member presiding) has a vote on each question to be decided and, if the votes are equal, the member presiding has a casting vote. ˙ ‘ Disclosure of interests by members of expanded commission ‘ 67E.(1) This section applies if a member of an expanded commission— (a) has a direct or indirect financial interest in an issue being considered, or about to be considered, at a meeting; or (b) could reasonably be otherwise regarded as having a conflict of interest in an issue being considered, or about to be considered, at a meeting. ‘ (2) The member must disclose to the meeting the member’s interest in the issue. ‘ (3) The disclosure must be recorded in the commission’s minutes. ‘ (4) Unless the commission otherwise directs the member must not— (a) be present when the commission considers the issue; and (b) take part in the commission’s decision about the issue. ‘ (5) The member must not be present when the commission is considering whether to give a direction under subsection (4). ‘ (6) If there is another member who must, under subsection (2), also

s 25 32 s 25 Local Government Legislation Amendment No. 81, 1996 disclose an interest in the issue, the other member must not— (a) be present when the commission is considering whether to give a direction under subsection (4); or (b) take part in making the decision about giving a direction. ‘ (7) If, because of this section, a member is not present at a commission meeting for considering or deciding the issue, but there would be a quorum if the member were present, the remaining members present are a quorum for considering or deciding the issue at the meeting. ˙ ‘ Additional provisions for disclosure of interests by commissioner and deputy commissioner ‘ 67F.(1) This section applies if the commissioner or deputy commissioner constituting a commission established for a reference of a reviewable local government matter or an application for determination of a limited reviewable local government matter— (a) has a direct or indirect financial interest in an issue relating to the matter; or (b) could reasonably be otherwise regarded as having a conflict of interest in an issue relating to the matter. ‘ (2) The member must not take part, or take further part, in any consideration of the reviewable local government matter. ‘ (3) As soon as practicable after the member becomes aware of the application of this section to the issue, the member must— (a) if the member is the commissioner—direct the deputy commissioner to constitute the commission in the commissioner’s place; or (b) if the member is the deputy commissioner—inform the commissioner. ‘ (4) If subsection (3)(b) applies, the commissioner is to constitute the commission in the deputy commissioner’s place. ‘ Subdivision 3—Miscellaneous

s 25 33 s 25 Local Government Legislation Amendment No. 81, 1996 ˙ ‘ Resignation and removal ‘ 68.(1) A review commissioner who partly constitutes a commission may resign from the commission by giving a signed notice of resignation to the commissioner. ‘ (2) The Acts Interpretation Act 1954 , section 25(1)(b) (other than subparagraph (iv)) and (2) to (4) does not apply to the appointment of a review commissioner to partly constitute a commission. 8 ‘ Division 3—References of, and applications for, reviewable local government matters ‘ Subdivision 1—References to commissioner by Minister ˙ ‘ Minister may refer certain reviewable local government matters to commissioner ‘ 69.(1) The Minister may refer a reviewable local government matter to the commissioner. ‘ (2) The reference need not separately identify each reviewable local government matter dealt with in, or included in, the reference. ‘ (3) The reference may be in general or specific terms or a combination of general and specific terms. ‘ (4) The reference may specify the reviewable local government matter in any way, including, for example— (a) naming the local governments the reference directly affects; or (b) describing in a suitable way the geographical area to which the reference relates; or (c) specifying with reasonable certainty things that are, or are not, included in the reference. Examples of suitable ways of describing a geographical area— 8 The Acts Interpretation Act 1954 , section 25 deals with incidental powers to a power of appointment.

s 25 34 s 25 Local Government Legislation Amendment No. 81, 1996 1. By reference to real property descriptions. 2. By reference to a map or plan held by an entity, or to a particular entry in a register kept by an entity, if the map, plan or register is available for inspection by the public. 3. By reference to a region of the State that is identifiable with reasonable certainty. 4. By reference to areas of named local governments. 5. By reference to a part of the area of a named local government that is identifiable with reasonable certainty. ‘ (5) The reference may be made contingent on a determination another commission may make, or proposes to make, on a reference of another reviewable local government matter. ˙ ‘ References of reviewable local government matters to be tabled etc. ‘ 69A. The Minister must— (a) table a copy of each reference of a reviewable local government matter in the Legislative Assembly within 7 sitting days after it is given to the commissioner; and (b) give a copy of the reference to each local government mentioned in the reference. ˙ ‘ Request by commissioner for reference ‘ 69B.(1) The commissioner may ask the Minister to refer a reviewable local government matter to the commissioner. ‘ (2) The request must include reasons for the request. ‘ (3) As soon as practicable after receiving the request, the Minister must— (a) refer the matter to the commissioner; or (b) advise the commissioner that the matter will not be referred. ‘ (4) The Minister must table a copy of the request, and the reference or advice, in the Legislative Assembly within 7 sitting days after giving the reference or advice.

s 25 35 s 25 Local Government Legislation Amendment No. 81, 1996 ‘ Subdivision 2—Applications to commissioner by local governments ˙ ‘ Limited reviewable local government matters ‘ 70.(1) A local government may apply to the commissioner for determination of a limited reviewable local government matter. ‘ (2) However, the application may be made only if each local government that would be affected by the matter if it were implemented (an “affected local government” ), has, by resolution, decided to make or support the application. ‘ (3) The application must— (a) be in the approved form; and (b) be accompanied by— (i) a report by each affected local government showing that the local government has examined the implementation issues for the matter; and (ii) each affected local government’s suggestions about the implementation issues. ‘ (4) The approved form must include— (a) the relevant agreements mentioned in section 65(1) or (2); and (b) a certificate by each affected local government that the issues prescribed under a regulation under section 76 have been taken into consideration. ‘ Division 3A—Procedures for major and minor references of reviewable local government matters ‘ Subdivision 1—Preliminary ˙ ‘ References of reviewable local government matters ‘ 71.(1) As soon as practicable after a special reference of a reviewable local government matter is referred to the commissioner—

s 25 36 s 25 Local Government Legislation Amendment No. 81, 1996 (a) the Governor in Council is to appoint the commission members mentioned in section 66A(1)(a) and (b) 9 to partly constitute a special commission for the reference; and (b) if the commissioner decides not to partly constitute the commission—the commissioner must direct the deputy commissioner to partly constitute the commission. ‘ (2) As soon as practicable after another reference of a reviewable local government matter is referred to the commissioner, the commissioner must— (a) if the reference is not a major reference, under the definition “major reference”, paragraph (a) or (b)(i)—declare, by gazette notice, whether the reference is a major or minor reference; and (b) decide the constitution of a commission for the reference; and (c) if an expanded commission (other than a special commission) is, under section 66A, to be constituted for the reference—appoint a review commissioner or commissioners to partly constitute the commission. ˙ ‘ Appointment of additional review commissioners ‘ 71A. The commissioner may, at any time after a commission (other than a special commission) is established, appoint a review commissioner, or an additional review commissioner, to partly constitute the commission. ˙ ‘ Commissions may declare major references ‘ 71B.(1) This section applies if a commission is established for a reference of a reviewable local government matter the commissioner has declared is a minor reference. ‘ (2) The commission may, at any time before it makes a final determination of the matter, declare, by gazette notice, the reference is a major reference. 9 The commission members under section 66A(1)(a) and (b) are a judge, or former judge, with standing of at least 3 years and the chief executive of a department.

s 25 37 s 25 Local Government Legislation Amendment No. 81, 1996 ‘ (3) To remove any doubt, if a commission makes a declaration under subsection (2)— (a) subdivision 2 applies to the reference of the matter; and (b) the commission continues in existence to determine the matter. ˙ ‘ Commissions must have regard to prescribed issues ‘ 71C.(1) When considering a reviewable local government matter, a commission must have regard to the issues that may be prescribed under a regulation. ‘ (2) If the matter relates to the external boundaries of a local government area, the commission also must have regard to the need to ensure the provision of efficient and effective local government in the area. ˙ ‘ Restrictions on determinations for City of Brisbane ‘ 71D.(1) A commission must not make a determination of a reviewable local government matter mentioned in section 64(1)(g) or (h) that would, if implemented, result in a change in the number of electoral wards for the City of Brisbane. 10 ‘ (2) If the naming of electoral wards of the City of Brisbane is an aspect of a reviewable local government matter, a commission must not determine that a name of an electoral ward be a name that is the name of an electoral district under the Electoral Act 1992 . ‘ Subdivision 2—Major references of reviewable local government matters ˙ ‘ Application of subdivision ‘ 72. This subdivision applies for a reviewable local government matter, the subject of a major reference, being considered by a commission. 10 Under the City of Brisbane Act 1924 , section 14A, the City of Brisbane is divided into 26 electoral wards for the election of councillors (other than the mayor).

s 25 38 s 25 Local Government Legislation Amendment No. 81, 1996 ˙ ‘ Commission may make inquiries ‘ 72A. In considering the reviewable local government matter, the commission may make the inquiries it considers appropriate. 11 ˙ ‘ Preliminary procedures for certain references ‘ 72B.(1) This section applies if— (a) the reference of the reviewable local government matter is a special reference; or (b) the reference of the reviewable local government matter is a major reference (other than a special reference) and the commission declares, by gazette notice, that this section applies to the reference. ‘ (2) As soon as practicable after the commission’s establishment or the declaration, the commission must, by public notice, invite suggestions from persons and entities on the matter. ‘ (3) The notice must state that suggestions are to be given to the commission at a stated address in writing within 30 days after the notice is first published (the “first notice period” ). ‘ (4) As soon as practicable after the first notice period, the commission must— (a) ensure copies of all suggestions properly given to it are open to inspection at the prescribed offices and other stated offices; and (b) by public notice— (i) state that copies of the suggestions are open to inspection at the prescribed offices and other stated offices; and (ii) state that any person or other entity may make written comment on the suggestions within 21 days after the notice is first published (the “second notice period” ); and 11 If the commission is an expanded commission established to determine a reviewable local government matter the subject of a major reference, the commission’s powers of inquiry include the powers under division 4 (Inquiries by expanded commissions).

s 25 39 s 25 Local Government Legislation Amendment No. 81, 1996 (iii) state the address to which the comments may be sent. ‘ (5) A public notice under subsection (2) or (4) must be published in— (a) the gazette; and (b) a newspaper circulating generally in the local government areas that would be affected by the matter if it were implemented. ‘ (6) As soon as practicable after the second notice period, the commission must ensure copies of all comments given to it within the period are open to inspection at the prescribed offices and other stated offices. ‘ (7) The suggestions and comments properly given to the commission must be open to inspection until— (a) if, under section 72C, the commission determines that the matter not be implemented—notification in the gazette of its determination is given; or (b) if the commission proposes to determine that the matter be implemented—the day after the stated day under section 72D. ‘ (8) In determining whether the matter should be implemented, the commission must consider all suggestions and comments properly given to it. ˙ ‘ Determination not to implement matter ‘ 72C.(1) If the commission determines that the reviewable local government matter not be implemented, the commission must prepare a report on the matter. ‘ (2) The report must state the determination and reasons for it. ˙ ‘ Public notice of proposed determination to implement matter ‘ 72D.(1) If the commission proposes to determine that the reviewable local government matter be implemented, the commission must give public notice, by advertisement published at least once in— (a) the gazette; and (b) a newspaper circulating generally in the local government areas

s 25 40 s 25 Local Government Legislation Amendment No. 81, 1996 that would be affected by the matter if it were implemented. ‘ (2) The notice must state— (a) the general effect of the proposed determination and, if applicable, recommendations on implementation issues for the matter; and (b) that particulars of the proposed determination and recommendations, including reasons and any relevant maps, are open to inspection at the prescribed offices and at other stated offices; and (c) that submissions about the proposed determination and recommendations— (i) may be made, in writing, to the commission at a stated address; and (ii) must state the grounds of the submission and the facts and circumstances relied on in support of the grounds; and (d) a day (the “stated day” ) on or before which the particulars may be inspected and submissions made. ‘ (3) If the naming of electoral wards of the City of Brisbane is an aspect of the matter, the notice must also state the proposed names of the electoral wards. ‘ (4) If the matter is a reviewable local government matter mentioned in section 64(1)(a) or (f), the notice may also state— (a) the area the commission considers should be the affected area for the matter if a compulsory referendum were to be held for the matter; and (b) if the commission considers the affected area should be divided into voting areas—the areas the commission considers should be the voting areas of the affected area. ‘ (5) The stated day must be at least 30 days after the later of— (a) the publication of the advertisement in the gazette; or (b) the publication, or first publication, of the advertisement in the newspaper. ‘ (6) The particulars are to be open to inspection until the day after the

s 25 41 s 25 Local Government Legislation Amendment No. 81, 1996 stated day. ˙ ‘ Commission to consider submissions ‘ 72E.(1) The commission must consider all submissions properly made about the proposed determination and recommendations on implementation issues for the matter. ‘ (2) The commission may amend the proposed determination to take account of the submissions. ‘ (3) However, the commission may substantially amend the proposed determination only if the commission gives public notice, under section 72D, of the amended proposed determination and recommendations on implementation issues for the matter. ‘ (4) Section 72D and this section apply to the amended proposed determination as if it were the proposed determination. ˙ ‘ Holding of referendum ‘ 72F.(1) A referendum (a “compulsory referendum” ) must be held in relation to the commission’s proposed determination of the reviewable local government matter if— (a) the matter is a reviewable local government matter mentioned in section 64(1)(a) or (f); and (b) after considering the submissions, the commission proposes to make a final determination that the matter be implemented. ‘ (2) Also, the commission may decide that a referendum (a “non-compulsory referendum” ) be held in relation to the commission’s proposed determination of the reviewable local government matter if— (a) the matter is a reviewable local government matter mentioned in section 64(1)(c) or (e); and (b) after considering the submissions, the commission proposes to make a final determination that the matter be implemented; and (c) the commission considers a referendum should be held for the matter.

s 25 42 s 25 Local Government Legislation Amendment No. 81, 1996 ‘ (3) However, the commission may decide to hold a non-compulsory referendum only after it has consulted with the local governments that would be affected by the matter if it were implemented. 12 ˙ ‘ Making final determination and preparation of report ‘ 72G.(1) The commission must make a final determination of the reviewable local government matter and prepare a report for the Minister on the matter as soon as practicable after— (a) if a referendum is held for the commission’s proposed determination of the matter—the final result of the referendum for the matter is notified; or (b) if a referendum is not held for the commission’s proposed determination of the matter—the commission completes its consideration of submissions properly made about the matter. ‘ (2) The report must— (a) state the determination and reasons for it and, if applicable, include recommendations on implementation issues for the matter; and (b) include a summary of— (i) the submissions made to the commission on the matter; and (ii) if section 72B 13 applies to the matter—the suggestions and comments properly given to the commission on the matter; and (c) be accompanied by copies of the submissions and, if applicable, the suggestions and comments. ‘ (3) Also, if a referendum is held for the commission’s proposed determination of the matter, the report must— (a) state the final result of the referendum; and 12 Division 4A applies to the holding of compulsory and non-compulsory referendums. 13 Section 72B (Preliminary procedures for certain references)

s 25 43 s 25 Local Government Legislation Amendment No. 81, 1996 (b) if the referendum is a compulsory referendum and the referendum question is not approved—be accompanied by a copy of the commission’s proposed determination and, if applicable, its recommendations on implementation issues for the matter and the reasons for them. ‘ (4) If a compulsory referendum has been held for the commission’s proposed determination of the matter, the commission— (a) must determine that the matter be implemented if the referendum question is approved by the affected area for the matter; but (b) must determine that the matter not be implemented if the referendum question is not approved by the affected area for the matter. ‘ (5) If a non-compulsory referendum has been held for the commission’s proposed determination of the matter, the commission may determine that the matter be implemented regardless of whether the referendum question is approved by the affected area for the matter. ˙ ‘ Notification of determination and report to Minister ‘ 72H.(1) The commission must— (a) give notification of its final determination, or its determination under section 72C— (i) by gazette notice; and (ii) by advertisement published in a newspaper circulating generally in the local government areas affected by the determination; and (b) give to the Minister a copy of the gazette notice and the commission’s report on the matter; and (c) give a copy of the report to the local governments affected by the determination. ‘ (2) The notification must— (a) contain a summary of the determination; and (b) state that the commission’s report on the matter is—

s 25 44 s 25 Local Government Legislation Amendment No. 81, 1996 (i) open to inspection; and (ii) available for purchase at the Electoral Commission’s office at Brisbane; and (c)— (i) if the commission determines the matter be implemented—state that the matter is to be implemented by regulation; or (ii) if section 72J applies to the matter—state in general terms the effect of the section. ˙ ‘ Implementation of matter on commission’s report ‘ 72I.(1) If the commission determines that the reviewable local government matter be implemented, the Governor in Council must implement the matter as soon as practicable after the Minister receives a copy of the gazette notice and the commission’s report on the matter. ‘ (2) If a regulation is made to implement the matter and the regulation is to commence on a later day fixed in it, for subsection (1), the matter must not be taken not to have been implemented as soon as practicable merely because of the later commencement. Examples of subsection (2)— 1. Because of the holding of triennial elections under this Act, or fresh elections under the regulation, the regulation may commence after its notification. 2. Because of financial implications, the regulation may commence at the start of a financial year. ‘ (3) Subsection (1) has effect subject to section 107. 14 ˙ ‘ Implementation of matter at request of Legislative Assembly ‘ 72J.(1) This section applies if— (a) a compulsory referendum has been held for the commission’s proposed determination of the reviewable local government matter; and 14 Section 107 (Requirement before implementation)

s 25 45 s 25 Local Government Legislation Amendment No. 81, 1996 (b) the commission determines that the matter not be implemented because the referendum question was not approved by the affected area for the matter. ‘ (2) Within 7 sitting days after the Minister tables the commission’s report on the matter, the Legislative Assembly may resolve that the Governor in Council be asked to make a regulation implementing the matter. ‘ (3) If the Legislative Assembly resolves that the Governor in Council be asked to implement the matter, the Governor in Council must implement the matter as soon as practicable after the resolution is passed. ‘ (4) If a regulation is made to implement the matter and the regulation is to commence on a later day fixed in it, for subsection (3), the matter must not be taken not to have been implemented as soon as practicable merely because of the later commencement. Examples of subsection (4) — 1. Because of the holding of triennial elections under this Act, or fresh elections under the regulation, the regulation may commence after its notification. 2. Because of financial implications, the regulation may commence at the start of a financial year. ‘ Subdivision 3—Minor references of reviewable local government matters ˙ ‘ Application of subdivision ‘ 73. This subdivision applies for a reviewable local government matter, the subject of a minor reference, being considered by a commission. ˙ ‘ Commission may make inquiries ‘ 73A. In considering the reviewable local government matter, the commission may make the inquiries it considers appropriate. ˙ ‘ Determination not to implement matter ‘ 73B.(1) If after considering the reviewable local government matter, the

s 25 46 s 25 Local Government Legislation Amendment No. 81, 1996 commission determines that the reviewable local government matter not be implemented, the commission must prepare a report on the matter. ‘ (2) The report must state the determination and reasons for it. ˙ ‘ Notice of proposed determination to implement matter and recommendations ‘ 73C.(1) If the commission proposes to determine that the reviewable local government matter be implemented, the commission— (a) must give written notice to— (i) each local government that would be affected by the matter if it were implemented; and (ii) if the matter is a reviewable local government matter mentioned in section 64(1)(c) or (e)—each owner of land in the part the subject of the matter; and (b) may give written notice to anyone else the commission considers would be directly affected by the matter if it were implemented. ‘ (2) The notice must state— (a) the general effect of the proposed determination and, if applicable, recommendations on implementation issues for the matter; and (b) that particulars of the proposed determination and recommendations, including reasons and any relevant maps, are open to inspection; and (c) that submissions about the proposed determination and recommendations— (i) may be made, in writing, to the commission at a stated address; and (ii) must state the grounds of the submission and the facts and circumstances relied on in support of the grounds; and (d) a day (the “stated day” ) on or before which the particulars may be inspected and submissions made. ‘ (3) The stated day must be at least 30 days after the particulars mentioned in subsection (2)(b) are first open to inspection at the Electoral

s 25 47 s 25 Local Government Legislation Amendment No. 81, 1996 Commission’s office at Brisbane. ‘ (4) The notice given to the local governments must be accompanied by a copy of the particulars mentioned in subsection (2)(b). ‘ (5) The particulars are to be open to inspection until the day after the stated day. ˙ ‘ Commission to consider submissions ‘ 73D.(1) The commission must consider all submissions properly made about the proposed determination and recommendations on implementation issues for the reviewable local government matter. ‘ (2) The commission may amend the proposed determination to take account of the submissions. ‘ (3) However, the commission may substantially amend the proposed determination only if the commission gives notice, under section 73C, of the amended proposed determination and recommendations on implementation issues for the matter. ‘ (4) Section 73C and this section apply to the amended proposed determination as if it were the proposed determination. ˙ ‘ Making final determination and preparation of report ‘ 73E.(1) As soon as practicable after completing its consideration of the submissions, the commission must make a final determination of the matter, and prepare a report for the Minister on the reviewable local government matter. ‘ (2) The report must— (a) state the determination and reasons for it and, if applicable, include recommendations on implementation issues for the matter; and (b) include a summary of the submissions made to the commission on the matter; and (c) be accompanied by copies of the submissions.

s 25 48 s 25 Local Government Legislation Amendment No. 81, 1996 ˙ ‘ Notification of determination and report to Minister ‘ 73F.(1) The commission must— (a) give notification of its final determination, or its determination under section 73B— (i) by gazette notice; and (ii) by advertisement published in a newspaper circulating generally in the local government areas affected by the determination; and (b) give to the Minister a copy of the gazette notice and the commission’s report on the matter; and (c) give a copy of the report to the local governments affected by the determination. ‘ (2) The notification must— (a) contain a summary of the determination; and (b) state that the commission’s report on the matter is— (i) open to inspection; and (ii) available for purchase at the Electoral Commission’s office at Brisbane; and (c) if the commission determines the matter be implemented—state that the matter is to be implemented by regulation. ˙ ‘ Implementation of matter ‘ 73G.(1) If the commission determines that the reviewable local government matter be implemented, the Governor in Council must implement the matter as soon as practicable after the Minister receives a copy of the gazette notice and the commission’s report on the matter. ‘ (2) If a regulation is made to implement the matter and the regulation is to commence on a later day fixed in it, for subsection (1), the matter must not be taken not to have been implemented as soon as practicable merely because of the later commencement. Examples of subsection (2)— 1. Because of the holding of triennial elections under this Act, the regulation may

s 25 49 s 25 Local Government Legislation Amendment No. 81, 1996 commence after its notification. 2. Because of financial implications, the regulation may commence at the start of a financial year. ‘ (3) Subsection (1) has effect subject to section 107. 15 ‘ Division 3B—Limited reviewable local government matters ˙ ‘ Application of division ‘ 74.(1) This division applies for an application properly made for a determination of a limited reviewable local government matter. ‘ (2) The application is to be dealt with by a commission determining whether the matter should be implemented. ‘ (3) The commission must determine the application even if the matter is, at any time, the subject of a reference of a reviewable local government matter. ˙ ‘ Commission may make inquiries ‘ 75. In considering the limited reviewable local government matter, the commission may make the inquiries it considers appropriate. ˙ ‘ Commission must have regard to prescribed issues ‘ 76.(1) When considering the limited reviewable local government matter, the commission must have regard to the issues that may be prescribed under a regulation. ‘ (2) If the matter relates to the external boundaries of a local government area, the commission also must have regard to the need to ensure the provision of efficient and effective local government in the area. ˙ ‘ Restriction on determination to implement matter ‘ 77.(1) This section applies if a local government that would be affected 15 Section 107 (Requirement before implementation)

s 25 50 s 25 Local Government Legislation Amendment No. 81, 1996 by the limited reviewable local government matter if it were implemented is divided. ‘ (2) The commission must make a determination not to implement the matter if its implementation would result in the margin of allowance for a quota for a local government’s area not being departed from. 16 ˙ ‘ Action after determination to implement matter ‘ 78.(1) This section applies if the commission determines that the limited reviewable local government matter be implemented. ‘ (2) The commission must— (a) prepare a report for the Minister on the matter; and (b) give notification of its determination— (i) by gazette notice; and (ii) by advertisement published in a newspaper circulating generally in the local government areas that will be affected by the implementation of the matter; and (c) give to the Minister a copy of the gazette notice and the commission’s report on the matter; and (d) give a copy of the report to the local governments affected by the determination. ‘ (3) The report must state the determination and reasons for it, and include recommendations on implementation issues for the matter. ‘ (4) The notification must— (a) contain a summary of the determination; and (b) state that the commission’s report on the matter is— (i) open to inspection; and (ii) available for purchase at the Electoral Commission’s office at Brisbane; and 16 See chapter 5 (Local government elections), part 5 (Division of local government areas).

s 64 119 s 64 Local Government Legislation Amendment No. 81, 1996 (a) a statement on whether or not and, if so, to what extent, the benefits that would be realised from implementation of any of the reforms considered under section 458D or 458E would outweigh the costs; and (b) details of those costs and benefits; and (c) a recommendation on whether any of the reforms should be implemented for the significant business activity; and (d) if reform is recommended— (i) a statement of which reform should be implemented; and (ii) a timetable for its implementation. ‘ Division 3—Local government to undertake assessments ˙ ‘ Public benefit assessments to be undertaken ‘ 458J. A local government must ensure that a public benefit assessment is undertaken and a public benefit assessment report prepared for each of its significant business activities. ˙ ‘ Local government to resolve on assessment and report process ‘ 458K.(1) The local government must, by resolution, decide— (a) how the public benefit assessment is to be conducted; and (b) the matters the public benefit assessment report must deal with; and (c) when the report is to be presented to the local government. Example for paragraph (a) — The local government may decide the public benefit assessment is to be undertaken by the local government or by external consultants or in cooperation with other local governments undertaking public benefit assessments of similar significant business activities. ‘ (2) The resolution must provide for a consultation process and state how the process is to be used in the assessment. Example for subsection (2) —

s 65 120 s 66 Local Government Legislation Amendment No. 81, 1996 A local government may resolve that the consultation process must include— (a) giving notice of the assessment and inviting submissions about the assessment; and (b) a period for submissions to be received; and (c) direct consultation with interested parties; and (d) consideration of the submissions received about the assessment; and (e) publication of a draft public benefit assessment report for public comment before the report is finalised. ‘ (3) The resolution is subject to section 458I and a regulation under section 458M. ˙ ‘ Timing for assessments and reports ‘ 458L.(1) The public benefit assessment report must be completed before 30 June 1997 or a day, not later than 30 September 1997, approved by the Minister. ‘ (2) The report must be presented to a meeting of the local government as soon as practicable after the report is completed. ˙ ‘ Regulation about public benefit assessment and public benefit assessment reports ‘ 458M. A regulation may prescribe requirements for public benefit assessments and public benefit assessment reports.’. ˙ Amendment of s 493 (Local law policy binding on local government) 65.(1) Section 493, heading— omit, insert — ‘ Extent to which local law policy is binding ’. (2) Section 493— insert — ‘ (2) A local government’s local law policy on a matter is, and it is declared always was, binding on anyone else to the extent stated in the local

s 67 121 s 67 Local Government Legislation Amendment No. 81, 1996 law stating the matter about which the local law policy may be made.’. ˙ Amendment of s 552 (Expiry of part) 66. Section 552, ‘1997’— omit, insert — ‘1999’. ˙ Amendment of s 569 (Utility charges) 67. Section 569— insert — ‘ (7) A local government may, and it is declared always could from the commencement of this section, do 1 or more of the following— (a) make and levy a utility charge for services supplied or to be supplied during part of the financial year and part of another financial year; (b) make and levy differing charges for services supplied or to be supplied during various periods in 1 or more financial years; (c) in making and levying differing charges under paragraph (b), decide the way the charges are to be apportioned. Examples of application of subsection (7) — 1. For water used between 30 April 1998 and 31 July 1998, the local government may resolve to charge— (a) for water used (as measured) during the period 30 April 1998 to 31 July 1998 on the basis of the charge made at the budget meeting for the 1997-1998 financial year; or (b) for water used (as measured) during the period 30 April 1998 to 31 July 1998 on the basis of the charge made at the budget meeting for the 1998-1999 financial year; or (c) for— (i) water used (as measured) during the period 30 April 1998 to 30 June 1998 on the basis of the charge made at the budget meeting for the 1997-1998 financial year; and (ii) water used (as measured) during the period 1 July 1998 to 31 July

s 67 122 s 67 Local Government Legislation Amendment No. 81, 1996 1998 on the basis of the charge made at the budget meeting for the 1998-1999 financial year; or (d) an apportioned charge for water used during the 2 periods (30 April 1998 to 30 June 1998 and 1 July 1998 to 31 July 1998) on the basis of— (i) the total amount of water used (as measured) during the period 30 April 1998 to 31 July 1998—93 days—being apportioned to each period according to the respective lengths of the periods—62 days and 31 days respectively; or (ii) another basis set out in the resolution. 2. The local government may resolve to charge for water supplied between 1 July 1998 and 30 June 1999 — (a) for the period 1 July 1998 to 28 February 1999—a flat charge of $300 with an excess charge of $1 per kL of water used greater than 350 kL; and (b) for the period 1 March 1999 to 30 June 1999—an amount based on the actual consumption of water during the period. ‘ (8) Despite subsection (7) a local government must not for a financial year make and levy a utility charge for services supplied or to be supplied other than in that, the previous or the next financial year. ‘ (9) Charges made and levied in accordance with a decision under subsection (7) are lawfully made and levied under this Act. ‘ (10) Subsections (7) to (9) apply despite the reference in sections 559 and 560 89 to the making and levying of rates and charges for a financial year. ‘ (11) If— (a) a meter or other measuring device is to be read on a particular day for working out the amount of a charge to be levied by a local government for a service; and (b) the local government resolves to apply this subsection to the reading of meters or other measuring devices; it is taken to have been read on that day if it is read within a period of 2 weeks before or after that day. Example for subsection (11) — 89 Section 559 (Power to make and levy rates and charges) and 560 (Making of rates and charges)

s 68 123 s 69 Local Government Legislation Amendment No. 81, 1996 If a local government resolves to apply this subsection to the supply of water that is to be charged on the basis of usage for a period ended 30 April and a meter is read on 10 May, that reading is taken to be the reading at 30 April for the purposes of calculating the water usage during the period. ‘ (12) Subsection (11) does not restrict a local government’s power to make local laws relating to other aspects of the administration of metered consumption for a utility service. Example for subsection (12) — A local law may be made to provide for water consumption to be estimated on the basis of the best information reasonably available if a water meter is found to be malfunctioning or inoperative during any period of consumption. ’. ˙ Amendment of s 611 (Payment by instalments) 68. Section 611(3)— omit, insert — ‘ (3) The terms may provide, if an instalment is not paid by the last day of the period identified in the resolution as the period within which the amount of the instalment is payable, for 1 or more of the following— (a) on the default day, for division 3 90 — (i) the unpaid instalment becomes an overdue rate; or (ii) the unpaid instalment and all remaining instalments become an overdue rate; (b) the unpaid instalment, or the unpaid instalment and all remaining instalments, may bear interest as an overdue rate from the default day or a later day decided by the local government under section 614. 91 ‘ (3A) For subsection (3)— “default day” means the day after the last day of the period identified in the resolution as the period within which the amount of the instalment is payable.’. 90 Division 3 (Overdue rates) 91 Section 614 (Overdue rates may bear interest)

s 70 124 s 71 Local Government Legislation Amendment No. 81, 1996 ˙ Amendment of s 612 (Meaning of “overdue rate”) 69. Section 612, after ‘include the amount of a rate’— insert — ‘(other than amounts that, by terms under section 611, 627 or 628, become an overdue rate)’. ˙ Amendment of s 619 (Other benefits for prompt payment) 70. Section 619— insert — ‘ (2) In subsection (1)— “benefits” include chances of winning a prize in a lottery conducted by the local government. ‘ (3) For a lottery conducted by a local government solely to provide a benefit for this section— (a) the Art Unions and Public Amusements Act 1992 does not apply; and (b) the local government must— (i) by resolution make rules for the conduct of the lottery; and (ii) conduct the lottery in accordance with the rules. ‘ (4) Subsections (2), (3) and this subsection expire on 30 June 1998.’. ˙ Amendment of s 627 (Remission, composition and settlement of rates) 71. Section 627(3)— omit, insert — ‘ (3) The terms of an arrangement may provide for 1 or more of the following, if an amount identified in the arrangement is not paid by the last day of the period specified in the arrangement as the period within which the amount is payable—

s 72 125 s 72 Local Government Legislation Amendment No. 81, 1996 (a) on the default day, for division 3 92 — (i) the unpaid amount becomes an overdue rate; or (ii) the unpaid amount and all other amounts (the “remaining amounts” ) payment of which is provided for under the arrangement and which have not been paid become an overdue rate; (b) the unpaid amount, or the unpaid amount and all remaining amounts, may bear interest as an overdue rate from the default day, or a later day decided by the local government, under section 614. 93 ‘ (3A) For subsection (3)— “default day” means the day after the last day of the period specified in the arrangement as the period within which the amount is payable.’. ˙ Amendment of s 628 (Deferral of liability to pay rates) 72. Section 628(4)— omit, insert — ‘ (4) The terms of an arrangement may provide for 1 or more of the following, if an amount identified in the arrangement is not paid by the last day of the period specified in the arrangement as the period within which the amount is payable— (a) on the default day, for division 3 94 — (i) the unpaid amount becomes an overdue rate; or (ii) the unpaid amount and all other amounts (the “remaining amounts” ) payment of which is provided for under the arrangement and which have not been paid become an overdue rate; (b) the unpaid amount, or the unpaid amount and all remaining 92 Division 3 (Overdue rates) 93 Section 614 (Overdue rates may bear interest) 94 Division 3 (Overdue rates)

s 73 126 s 76 Local Government Legislation Amendment No. 81, 1996 amounts, may bear interest as an overdue rate from the default day, or a later day decided by the local government, under section 614. 95 ‘ (4A) For subsection (4)— “default day” means the day after the last day of the period specified in the arrangement as the period within which the amount is payable.’. ˙ Amendment of s 638 (Starting and ending of sale procedures) 73. Section 638(1) and (3), ‘the overdue rate’— omit, insert — ‘all overdue rates levied on the land’. ˙ Amendment of s 640 (Reserve price at auction) 74. Section 640(2)(a), ‘the overdue rate for’— omit, insert — ‘all overdue rates levied on’. ˙ Amendment of s 697 (Local laws about dogs) 75. Section 697(5), ‘2 years after it commences’— omit, insert — ‘on 30 June 1998’. ˙ Amendment of s 721 (Personnel practices) 76. Section 721(2)— omit, insert — ‘ (2) A regulation may— (a) require each local government to adopt and implement a plan for equal opportunity in employment; and 95 Section 614 (Overdue rates may bear interest)

s 77 127 s 79 Local Government Legislation Amendment No. 81, 1996 (b) state criteria the Minister must consider before granting an exemption to a local government from complying with a requirement under paragraph (a). ‘ (3) A regulation under subsection (2)(a) does not apply to a local government if— (a) the Minister, after considering the criteria set out in the regulation, exempts the local government from complying with the regulation; and (b) the local government complies with any conditions of the exemption.’. ˙ Amendment of s 774 (Permanent employees’ liability for contributions) 77. Section 774— insert — ‘ (2) Subsection (1) does not apply if, under the employee’s remuneration agreement with the local government, a contribution equivalent to the contribution mentioned in subsection (1) is made by the local government in addition to any contribution the local government is required to make under this Act.’. ˙ Insertion of new s 792A 78. Chapter 14, part 2, after section 792— insert— ˙ ‘ Approval of forms ‘ 792A. The chief executive may approve forms for use under this Act.’. ˙ Insertion of new s 793A 79. Chapter 14, part 2, after section 793— insert—

s 80 128 s 84 Local Government Legislation Amendment No. 81, 1996 ˙ ‘ Declaration of existing electoral wards of City of Brisbane ‘ 793A.(1) On or before 1 March 1997, a regulation must be made declaring the existing names and boundaries of the electoral wards of the City of Brisbane. ‘ (2) In this section— “existing names and boundaries” means the names and boundaries in force immediately before the commencement of this section.’. ˙ Replacement of s 802 (Repeal if no review of pre-existing law) 80. Section 802— omit, insert — ˙ ‘ Repeal if no review of pre-existing law ‘ 802. A pre-existing law for which a notice is not published under section 801 before 1 July 1999 expires on 1 July 1999.’. ˙ Amendment of s 803 (Expiry of division) 81. Section 803, ‘3 years after it commences’— omit, insert — ‘on 2 July 1999’. ˙ Amendment of ch 15 (Transitional and savings provisions, repeals and amendments) 82. Chapter 15, heading, after ‘transitional’— insert — ‘, validation’. ˙ Amendment of ch 15, pt 1 (Transitional and savings provisions) 83. Chapter 15, part 1, heading, after ‘transitional’— insert —

s 84 129 s 84 Local Government Legislation Amendment No. 81, 1996 ‘, validation’. ˙ Replacement of ch 15, pt 1, div 5 (Local government staff) 84. Chapter 15, part 1, division 5— omit, insert — ‘ Division 5—Transitional and savings provisions for amendments under Local Government Legislation Amendment Act 1996 ˙ ‘ Rosalie Shire undivided for 1997 triennial election ‘ 810.(1) Despite any other provision of this Act— (a) for the purposes of section 215 96 —the Shire of Rosalie does not have divisions for the 1997 triennial election of its councillors; and (b) subsequently, the Shire of Rosalie does not have divisions until divided in accordance with this Act. ‘ (2) A regulation may amend a regulation that is inconsistent with subsection (1) to make the regulation consistent with subsection (1). ‘ (3) This section expires on 1 May 1997. ˙ ‘ Water charges by Livingstone Shire Council for 1993–1994 financial year ‘ 811.(1) Subsection (2) applies to the purported utility charges (the “relevant charges” ) imposed by Livingstone Shire Council (the “council” ) for water services provided to a structure or land under the council’s Capricorn Coast Water Supply Scheme (the “scheme” ) for the relevant period. ‘ (2) It is declared that the charges amounting to $130 per unit of water supplied for the fixed component part of the relevant charge— (a) applied only to the relevant period; and 96 Section 215 (Types of elections)

s 84 130 s 84 Local Government Legislation Amendment No. 81, 1996 (b) were lawfully charged. ‘ (3) In this section— “anniversary date” means the anniversary date for the Capricorn Coast Water Undertaking Fund that occurred in the first week in April 1994 under the council’s resolutions titled ‘Anniversary Date—Meter Readings’ made at a special pre-budget meeting on 27 July 1993 and ‘Adoption of Fees and Charges 1993/94’ made at a budget meeting on 28 July 1993. “relevant period” , for water services provided to a structure or land under the scheme, means the period from 1 July 1993 to the anniversary date for the relevant charges for the water services. ‘ (4) This section expires on the day it commences. ˙ ‘ Electoral wards of City of Brisbane for 1997 triennial election ‘ 812.(1) The electoral wards of the City of Brisbane in force immediately before the commencement of this section are the electoral wards for the city for the 1997 triennial election. ‘ (2) Subsection (1) has effect despite— (a) any other provision of this Act; and (b) the amendment of the CityofBrisbaneAct1924 by the Local Government Legislation Amendment Act 1996 . ‘ (3) This section expires on 1 May 1997. ˙ ‘ Local government commissioner reports ‘ 813.(1) This section applies for the implementation of a reviewable local government matter referred to the local government commissioner for a report if the commissioner’s report on the matter was tabled in the Legislative Assembly before the commencement. ‘ (2) The matter may be implemented and for that purpose chapter 3, part 1, division 7, 97 as in force immediately before the commencement, 97 Chapter 3 (Interaction with the State), part 1 (Reviewable local government matters), division 7 (Implementing reviewable local government matters)

s 85 131 s 86 Local Government Legislation Amendment No. 81, 1996 applies. ‘ (3) Terms used in this section have the meaning they had under this Act as in force immediately before the commencement. ˙ ‘ Approved forms ‘ 814.(1) This section applies if, immediately before its commencement, there was a form approved by the chief executive for a matter under section 237 or a regulation. ‘ (2) The form is taken to be the approved form for the matter under section 792A until another form is approved for the matter. ‘ (3) This section expires on the day it commences.’. PART 4—AMENDMENT OF PUBLIC SERVICE ACT 1996 ˙ Act amended in pt 4 85. This part amends the Public Service Act 1996 . ˙ Amendment of s 109 (Who is a “term appointee”) 86. Section 109(3)(d)— omit, insert — ‘(d) a review commissioner appointed under the Local GovernmentAct 1993 ;’.

132 Local Government Legislation Amendment No. 81, 1996 ¡ SCHEDULE MINOR AND CONSEQUENTIAL AMENDMENTS OF LOCAL GOVERNMENT ACT 1993 section 15 1. Section 5(1)(d)(ii), ‘schedule 2’— omit, insert— ‘schedule’. 2. Section 5(1)(h)— omit, insert— ‘(h) a licensee under the Land Act 1994 ; or’. 3. Section 11(3), ‘(Local’ to ‘part)’— omit, insert— ‘(Definitions for pt 1), definition “local government” ’. 4. Chapter 3, part 1, heading— omit, insert— ‘ PART 1—REVIEWABLE LOCAL GOVERNMENT MATTERS ’. 5. Chapter 3, part 1, division 4, heading— omit, insert— ‘ Division 4—Inquiries by expanded commissions ’.

133 Local Government Legislation Amendment No. 81, 1996 SCHEDULE (continued) 6. Sections 81, 83 to 85, 86(1), 87, 88 and 89(c) and (d), ‘commissioner’— omit, insert— ‘commission’. 7. Section 82— omit, insert— ‘ Presiding member ‘ 82. The chairperson presides at the inquiry.’. 8. Sections 83 and 86, headings, ‘Commissioner’s’— omit, insert— ‘ Commission’s ’. 9. Section 84, heading, ‘Commissioner’— omit, insert— ‘ Commission ’. 10. Section 84(1)(b), ‘himself or herself’— omit, insert— ‘itself’. 11. Section 86(2), ‘The commissioner’— omit, insert— ‘A commission member’.

134 Local Government Legislation Amendment SCHEDULE (continued) 12. Section 89, heading— omit, insert— ‘ Contempt ’. No. 81, 1996 13. Section 89(a), ‘the commissioner’— omit, insert— ‘the commission or a commission member’. 14. Section 90— omit, insert— ‘ Change of commission members ‘ 90. The inquiry is not affected by a change in the commission members.’. 15. Section 106(2)(g)— omit, insert— ‘(g) implementation issues for the matter; or’. 16. Section 107(1), ‘commissioner has’— omit, insert— ‘commissioner, and the commission that determined the matter, have’. 17. Section 107(3) and (4)— omit .

135 Local Government Legislation Amendment SCHEDULE (continued) 18. Section 108, after ‘implement a’— insert— ‘reviewable’. No. 81, 1996 19. Chapter 5, part 5— insert— ‘ Application of pt to Brisbane City Council ‘ 231A. This part applies to the Brisbane City Council.’. 20. Section 234(1), ‘1 March’ to ‘governments’— omit, insert— ‘the information date’. 21. Section 234— insert — ‘ (3) In this section— “information date” means— (a) for Brisbane City Council—1 October in the year that is 2 years before the year of the triennial elections for local governments; or (b) for another local government—1 March in the year before the year of the triennial elections for local governments.’. 22. Section 237— omit .

136 Local Government Legislation Amendment No. 81, 1996 SCHEDULE (continued) 23. Section 350(2), ‘part 1 (Review of local government matters)’— omit, insert— ‘part 1 (Reviewable local government matters)’. 24. Section 553(2), ‘(1)(e)’— omit, insert — ‘(1)(f)’. © State of Queensland 1996