Local Government Legislation Amendment (Rating and Other Matters) Act 2022 (Vic)

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Local Government Legislation Amendment (Rating and Other Matters) Act 2022

No. 30 of 2022

table of provisions

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

Part 2—Amendment of Local Government Act 1989

Division 1—Service rates and service charges

3Definitions

4Service rate and service charge

5Service charges on non-rateable land

Division 2—Special rates and special charges

6Special rate and special charge

Division 3—Rebates and concessions

7Rebates and concessions

Division 4—Payment plans

8Definitions

9New section 171B inserted

10Council may charge interest on unpaid rates and charges

11Person acquiring rateable land

12Unpaid rate or charge

13New section 180A inserted

14Council may sell land to recover unpaid rates or charges

Division 5—Ministerial guidelines

15New section 181AA inserted

Division 6—Fixing maximum interest rate chargeable on unpaid rates and charges

16Council may charge interest on unpaid rates and charges

17New section 172A inserted

Division 7—Transitional provision

18New section 253 inserted

Part 3—Amendment of Local Government Act 2020

Division 1—Confidential information

19Confidential information

20Section 145 substituted

Division 2—Council integrity

21Definitions

22Councillor Code of Conduct

23Internal arbitration process

24Sanctions that may be imposed by an arbiter on finding of misconduct

25New section 147A inserted

26Functions and powers of the Principal Councillor Conduct Registrar

27Determinations by a Councillor Conduct Panel

Division 3—Miscellaneous and transitional

28Definitions

29Electoral structure of a Council

30Ward boundary review

31Members of Council staff

32Principal Councillor Conduct Registrar must examine application

33Heading to Division 6 of Part 7 amended

34Councillor may be ordered to stand down

35New Division 6A of Part 7 heading inserted

36Entitlements relating to enrolment

37Entitlement to enrolment without application until the second general election to be conducted under section 257(1)(b) or the general election for Whittlesea City Council and Casey City Council in October 2024

38Voting is compulsory

39Process for counting of votes at a countback

40Statute law revision amendment

41New section 330B inserted

Part 4—Amendment of Essential Services Commission Act 2001

42Functions of the Commission

Part 5—Amendment of Accident Compensation Act 1985

43Statute law revision amendment

Part 6—Amendment of Workplace Injury Rehabilitation and Compensation Act 2013

44When no entitlement to compensation

45New section 624 inserted

Part 7—Amendment of Domestic Animals Act 1994

46Definitions

47Regulations

Part 8—Repeal of this Act

48Repeal of this Act

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Endnotes

1      General information

Local Government Legislation Amendment (Rating and Other Matters) Act 2022

No. 30 of 2022

[Assented to 9 August 2022]

The Parliament of Victoria enacts:

Part 1—Preliminary

1Purposes

The purposes of this Act are—

(a)to make amendments to the Local Government Act 1989 in relation to rates and charges; and

(b)to make miscellaneous and technical amendments to the Local Government Act 2020; and

(c)to make miscellaneous and technical amendments to—

(i)the Essential Services Commission Act 2001; and

(ii)the Accident Compensation Act 1985; and

(iii)the Workplace Injury Rehabilitation and Compensation Act 2013; and

(d)to amend the Domestic Animals Act 1994 in relation to reuniting pets with owners.

2Commencement

(1)This Part comes into operation on the day on which this Act receives the Royal Assent.

(2)Sections 40 and 43 are taken to have come into operation on 24 October 2020.

(3)The remaining provisions of this Act, except Part 2 and section 42(1), come into operation on the day after the day on which it receives the Royal Assent.

(4)Subject to subsection (5), Part 2 and section 42(1) come into operation on a day or days to be proclaimed.

(5)If a provision of Part 2 or section 42(1) does not come into operation before 20 June 2023, it comes into operation on that day.

Part 2—Amendment of Local Government Act 1989

Division 1—Service rates and service charges

3Definitions

In section 3(1) of the Local Government Act 1989 insert the following definition—

"waste, recycling or resource recovery services has the meaning given by section 4 of the Circular Economy (Waste Reduction and Recycling) Act 2021;".

4Service rate and service charge

(1)Section 162(1)(a) and (c) of the Local Government Act 1989 are repealed.

(2)For section 162(1)(b) of the Local Government Act 1989 substitute

"(b)waste, recycling or resource recovery services;".

5Service charges on non-rateable land

(1)Section 221(1)(a) and (c) of the Local Government Act 1989 are repealed.

(2)For section 221(1)(b) of the Local Government Act 1989 substitute

"(b)waste, recycling or resource recovery services;".

Division 2—Special rates and special charges

6Special rate and special charge

(1)In section 163(1B)(c) of the Local Government Act 1989, for "notice." substitute "notice; and".

(2)After section 163(1B)(c) of the Local Government Act 1989 insert

"(d)advise that the proposed declaration will expire if the special rate or special charge is not levied to each person liable to pay it within 12 months after the day on which the declaration to which the rate or charge relates is made.".

(3)In section 163(3)(d) of the Local Government Act 1989, for "force." substitute "force; and".

(4)After section 163(3)(d) of the Local Government Act 1989 insert

"(e)that the declaration expires if the special rate or special charge is not levied to each person liable to pay it within 12 months after the day on which the declaration to which the rate or charge relates is made.".

(5)For section 163(4) of the Local Government Act 1989 substitute

"(4)A Council must—

(a)levy a special rate or special charge within 12 months after the day on which the declaration under subsection (1) to which the rate or charge relates is made; and

(b)levy the special rate or special charge by sending a notice to each person liable to pay it.

(4A)If a special rate or special charge is not levied to each person liable to pay it within 12 months after the day on which the declaration to which the rate or charge relates is made, the declaration expires.".

(6)In section 163(5) of the Local Government Act 1989, after "notice" insert "under subsection (4)(b)".

Division 3—Rebates and concessions

7Rebates and concessions

(1)After section 169(1) of the Local Government Act 1989 insert

"(1AA)In addition to the power in subsection (1), a Council may grant a rebate or concession in relation to any rate or charge if—

(a)the land in relation to which the rate or charge applies is being used for a public benefit; and

Examples

Examples of a public benefit are charitable, religious, educational or social support services.

(b)that land is being used for the direct provision of goods or services to the public, or a substantial portion of the public, free of charge or for a nominal charge; and

(c)that land is not used, or will not be used, primarily for the purposes of the distribution of profit to an owner, member or shareholder of an entity, whether—

(i)as part of the operation of the entity; or

(ii)from winding up the entity; or

(iii)from the estimated annual value of the land.".

(2)In section 169(1A) of the Local Government Act 1989, after "concession" insert "under this section".

(3)In section 169(1D) of the Local Government Act 1989, after "(1)" insert "or (1AA)".

(4)For section 169(3) of the Local Government Act 1989 substitute

"(3)In this section—

estimated annual value has the same meaning as it has in the Valuation of Land Act 1960;

registered agency has the same meaning as it has in section 4(1) of the Housing Act 1983.".

Division 4—Payment plans

8Definitions

In section 3(1) of the Local Government Act 1989 insert the following definitions—

"payment plan means a plan referred to in section 171B(1);

payment plan instalment means an instalment under a payment plan;".

9New section 171B inserted

After section 171A of the Local Government Act 1989 insert

171BPayment plans for unpaid rates or charges "

(1)On the application of a person, a Council may enter into a plan with the person for the payment of a rate or charge (including interest charged under section 172)—

(a)which the person is liable to pay; and

(b)which has not been paid by the date specified for payment.

(2)Without limiting subsection (1), a payment plan may be for an unpaid rate or charge—

(a)that is being paid in instalments; or

(b)for which payment was deferred under section 170; or

(c)that was waived in part under section 171 or 171A.

(3)The Council may determine—

(a)the duration of the payment plan; and

(b)the amount of each payment plan instalment; and

(c)the frequency of payment plan instalments; and

(d)any other terms.

(4)A payment plan must specify—

(a)the matters determined by the Council under subsection (3); and

(b)any prescribed matters.

(5)Subject to subsection (6), a payment plan for a special rate or special charge may include, in the amount of each payment plan instalment, a component for reasonable interest costs the total of which must not exceed by more than 1% the estimated borrowing costs of the Council in respect of the performance of the function or the exercise of the power for which the special rate or charge is levied.

(6)A component for reasonable interest costs referred to in subsection (5) must not be included if—

(a)the payment plan relates to an instalment plan under section 167; and

(b)the instalment plan included reasonable interest costs charged in accordance with section 167(6)(b).

(7)The Council may cancel a payment plan at any time if the person is not complying with the terms of the plan.

(8)If a payment plan is cancelled under subsection (7), the amount owing becomes due and payable and may be recovered by the Council in accordance with section 180.

Note

Section 180A(4) prevents a Council from commencing a proceeding under section 180(1) for an unpaid rate or charge that was subject to a payment plan unless it has been at least 24 months since the payment plan was cancelled.".

10Council may charge interest on unpaid rates and charges

(1)In section 172(1) of the Local Government Act 1989, for "A" substitute "Subject to subsection (1A), a".

(2)For section 172(1)(b) of the Local Government Act 1989 substitute

"(b)which have not been paid—

(i)by the date specified for payment under section 167; or

(ii)in the case of a late notice, by the date specified for payment under section 158(4B); or

(iii)in the case of a payment plan instalment, by the date specified in the payment plan.".

(3)After section 172(1) of the Local Government Act 1989 insert

"(1A)Interest must not be charged on any component of an unpaid amount that is interest already charged under this Act.".

11Person acquiring rateable land

In section 175(1D)(a) of the Local Government Act 1989, after "payments" insert "or payment plans".

12Unpaid rate or charge

In section 180(1) of the Local Government Act 1989, for "If" substitute "Subject to section 180A, if".

13New section 180A inserted

After section 180 of the Local Government Act 1989 insert

180ACouncil must not commence proceeding for recovery of unpaid debt in certain circumstances"

(1)A Council must not commence a proceeding under section 180(1) for an unpaid rate or charge that has not been deferred under section 170 or has not been the subject of a payment plan unless—

(a)the Council, in writing—

(i)notifies the person liable to pay the rate or charge of the arrears; and

(ii)advises the person of the payment options available including deferrals and payment plans; and

(b)it has been at least 24 months since the person was notified and advised in accordance with paragraph (a) and the person has not deferred payment, entered into a payment plan or used any other available payment option.

(2)A Council must not commence a proceeding under section 180(1) for an unpaid rate or charge that has been deferred under section 170 unless—

(a)the Council has sent a notice under section 170(3); and

(b)the person has failed to make payment as required by the notice.

(3)A Council must not commence a proceeding under section 180(1) for an unpaid rate or charge that is subject to a payment plan.

Note

A Council may cancel a payment plan at any time if the person is not complying with the terms of the plan—see section 171B(7).

(4)A Council must not commence a proceeding under section 180(1) for an unpaid rate or charge that was subject to a payment plan unless it has been at least 24 months since the plan was cancelled.".

14Council may sell land to recover unpaid rates or charges

(1)In section 181(1)(b) of the Local Government Act 1989, after "arrangement" insert ", including a payment plan,".

(2)In section 181(4) of the Local Government Act 1989, after "arrangement" (where secondly occurring) insert "or the payment plan".

Division 5—Ministerial guidelines

15New section 181AA inserted

After section 181 of the Local Government Act 1989 insert

181AAMinisterial guidelines relating to payment of rates and charges "

(1)The Minister may issue guidelines in relation to—

(a)the meaning of hardship for the purposes of section 170; and

(b)the meaning of financial hardship for the purposes of sections 171, 171A and 172A; and

(c)the content of hardship policies and financial hardship policies; and

(d)the circumstances in which a Council may apply the hardship policies and financial hardship policies; and

(e)the process for applying for a payment plan; and

(f)the waiver of interest on unpaid rates or charges under sections 171, 171A and 172; and

(g)any other matters covered by sections 170, 171, 171A, 171B, 172, 180 and 181.

(2)Before issuing guidelines, the Minister must consult with—

(a)the Minister responsible for administering the Essential Services Commission Act 2001; and

(b)the Essential Services Commission.

(3)A Council must comply with guidelines issued under this section.

(4)The Minister must publish guidelines issued under this section—

(a)in the Government Gazette; and

(b)on the Department's Internet site.".

Division 6—Fixing maximum interest rate chargeable on unpaid rates and charges

16Council may charge interest on unpaid rates and charges

In section 172(2)(a) of the Local Government Act 1989, for "is to be calculated at the rate fixed under section 2 of the Penalty Interest Rates Act 1983" substitute "is to be calculated at or below the rate fixed by the Minister under section 172A(1)".

17New section 172A inserted

After section 172 of the Local Government Act 1989 insert

172AMaximum rate of interest charged on unpaid rates and charges"

(1)The Minister must fix a maximum rate of interest that may be calculated under section 172(2)(a) by notice published in the Government Gazette.

(2)The Minister may fix the maximum rate of interest from time to time.

(3)A notice under subsection (1) takes effect on 1 July of the next financial year following the publication of the notice.

(4)Before determining the maximum rate of interest to be fixed under subsection (1), the Minister must—

(a)consult with the Minister responsible for administering the Essential Services Commission Act 2001; and

(b)request advice from the Essential Services Commission and have regard to that advice.

(5)The Essential Services Commission—

(a)must provide advice to the Minister if a request is made under subsection (4)(b); and

(b)in providing that advice, must consider—

(i)the needs of ratepayers facing financial hardship; and

(ii)the need for disincentives for late payment of rates and charges for those not facing financial hardship; and

(iii)the financing costs incurred by Councils; and

(iv)prevailing commercial rates of interest.".

Division 7—Transitional provision

18New section 253 inserted

After section 252 of the Local Government Act 1989 insert

253Transitional provision—Local Government Legislation Amendment (Rating and Other Matters) Act 2022 "

(1)The amendments made by section 6 of the Local Government Legislation Amendment (Rating and Other Matters) Act 2022 do not apply to a declaration for special rates and special charges made before the commencement of that section.

(2)Despite the commencement of sections 16 and 17 of the Local Government Legislation Amendment (Rating and Other Matters) Act 2022, if on or after the commencement of those sections—

(a)interest is required to be paid under section 172; and

(b)the Minister has not fixed a rate under section 172A, or the first rate fixed by the Minister under section 172A has not yet taken effect—

interest is to be calculated in accordance with section 172(2) as in force immediately before the commencement of section 16 of the Local Government Legislation Amendment (Rating and Other Matters) Act 2022.".

Part 3—Amendment of Local Government Act 2020

Division 1—Confidential information

19Confidential information

(1)In section 125(3) of the Local Government Act 2020

(a)in paragraph (d), after "arbitration" (where first occurring) insert ", including an application for internal arbitration,";

(b)in paragraph (e), after "hearing" (where first occurring) insert ", including an application for a Councillor Conduct Panel hearing,".

(2)After section 125(3) of the Local Government Act 2020 insert

"(4)Despite section 38 of the Freedom of Information Act 1982, a document containing information of the kind described in paragraph (a), (b), (c), (d), (e), (f) or (g) of the definition of confidential information is not an exempt document within the meaning of the Freedom of Information Act 1982 by virtue of section 38 of that Act.

(5)Despite section 38 of the Freedom of Information Act 1982, a document containing information prescribed to be confidential information for the purposes of paragraph (k) of the definition of confidential information is not an exempt document within the meaning of the Freedom of Information Act 1982 by virtue of section 38 of that Act if, for the purposes of this subsection, it is a prescribed non-exempt document or prescribed class of non-exempt document.

Note

A document referred to in subsection (4) or (5) may still be an exempt document by virtue of another provision of Part IV of the Freedom of Information Act 1982.".

20Section 145 substituted

For section 145 of the Local Government Act 2020 substitute

"145   Internal arbitration information

The following information is confidential information—

(a)information in an application made under section 143 for an internal arbitration process;

(b)information provided to the Principal Councillor Conduct Registrar or produced by the Principal Councillor Conduct Registrar for the purposes of an internal arbitration process, other than the findings and the reasons;

(c)information provided to an arbiter or produced by an arbiter for the purposes of an internal arbitration process, other than the findings and the reasons.".

Division 2—Council integrity

21Definitions

In section 3(1) of the Local Government Act 2020

(a)in the definition of misconduct, for "prescribed standards of conduct included in the Councillor Code of Conduct" substitute "standards of conduct";

(b)in the definition of standards of conduct, for "prescribed under section 139(3)(a) to be included in a Councillor Code of Conduct" substitute "referred to in section 139(3)(a)".

22Councillor Code of Conduct

(1)In section 139(3)(a) of the Local Government Act 2020, for "must include" substitute "includes".

(2)In section 139(3)(b) of the Local Government Act 2020, for "must include any provisions" substitute "includes any other provisions".

23Internal arbitration process

(1)In section 141(1) of the Local Government Act 2020 omit "prescribed".

(2)In section 141(2)(d) of the Local Government Act 2020, for "regulations." substitute "regulations;".

(3)After section 141(2)(d) of the Local Government Act 2020 insert

"(e)the rules of natural justice.".

24Sanctions that may be imposed by an arbiter on finding of misconduct

In section 147(1) of the Local Government Act 2020 omit "prescribed".

25New section 147A inserted

After section 147 of the Local Government Act 2020 insert

"147A   Immunity of arbiters

(1)An arbiter is not personally liable for anything done or omitted to be done in good faith—

(a)in the exercise of a power or the discharge of a duty under this Act; or

(b)in the reasonable belief that the act or omission was in the exercise of a power or the discharge of a duty under this Act.

(2)Any liability resulting from an act or omission that would, but for subsection (1), attach to an arbiter attaches to the Council.".

26Functions and powers of the Principal Councillor Conduct Registrar

After section 149(1)(c) of the Local Government Act 2020 insert

"(ca)provide general advice and assistance to arbiters in relation to the functions of an arbiter;

(cb)publish any decision made by an arbiter and the statement of reasons for that decision;".

27Determinations by a Councillor Conduct Panel

In section 167(1)(b) of the Local Government Act 2020 omit "prescribed".

Division 3—Miscellaneous and transitional

28Definitions

In section 3(1) of the Local Government Act 2020, in the definition of Department, for "Environment, Land, Water and Planning" substitute "Jobs, Precincts and Regions".

29Electoral structure of a Council

In section 15(2)(b) of the Local Government Act 2020, for "in any other ward" substitute "for all of the wards".

30Ward boundary review

In section 17(1) of the Local Government Act 2020, for "in any other ward" substitute "for all of the wards".

31Members of Council staff

In section 48(2)(c) of the Local Government Act 2020, for "equity" substitute "equality".

32Principal Councillor Conduct Registrar must examine application

In section 144(1) of the Local Government Act 2020, for "application under" substitute "application made under".

33Heading to Division 6 of Part 7 amended

In the heading to Division 6 of Part 7 of the Local Government Act 2020, after "Councillor" insert "on recommendation of the Minister".

34Councillor may be ordered to stand down

In section 228(5)(d) of the Local Government Act 2020, for "223;;" substitute "221;".

35New Division 6A of Part 7 heading inserted

Before section 229 of the Local Government Act 2020 insert the following heading—

"Division 6A—Standing down of Councillor by VCAT".

36Entitlements relating to enrolment

(1)In section 240(8) of the Local Government Act 2020, for "section 243" substitute "section 242(1)".

(2)In section 240(12) of the Local Government Act 2020, after "257(1)(b)" insert ", or the general election of Councillors for the Whittlesea City Council or the Casey City Council to be held on the fourth Saturday in October 2024,".

(3)At the foot of section 240(12) of the Local Government Act 2020 insert

"Note

Section 10(1) of the Local Government (Whittlesea City Council) Act 2020 and section 10(1) of the Local Government (Casey City Council) Act 2020 provide that a general election for the Whittlesea City Council and Casey City Council is to be held on the fourth Saturday in October 2024.".

37Entitlement to enrolment without application until the second general election to be conducted under section 257(1)(b) or the general election for Whittlesea City Council and Casey City Council in October 2024

(1)In the heading to section 243 of the Local Government Act 2020, after "257(1)(b)" insert "or the general election for Whittlesea City Council and Casey City Council in October 2024".

(2)In section 243(1) of the Local Government Act 2020, after "257(1)(b)" insert "or the general election of Councillors for the Whittlesea City Council or the Casey City Council to be held on the fourth Saturday in October 2024".

(3)At the foot of section 243(1) of the Local Government Act 2020 insert

"Note

Section 10(1) of the Local Government (Whittlesea City Council) Act 2020 and section 10(1) of the Local Government (Casey City Council) Act 2020 provide that a general election for the Whittlesea City Council and Casey City Council is to be held on the fourth Saturday in October 2024.".

38Voting is compulsory

(1)In section 266(2) of the Local Government Act 2020, for "and each general election conducted after the second general election," substitute "or the general election of Councillors for the Whittlesea City Council or the Casey City Council to be held on the fourth Saturday in October 2024 (the other general elections), and each general election conducted after the second general election or the other general elections,".

(2)At the foot of section 266(2) of the Local Government Act 2020 insert

"Note

Section 10(1) of the Local Government (Whittlesea City Council) Act 2020 and section 10(1) of the Local Government (Casey City Council) Act 2020 provide that a general election for the Whittlesea City Council and Casey City Council is to be held on the fourth Saturday in October 2024.".

39Process for counting of votes at a countback

After section 285(4)(a) of the Local Government Act 2020 insert

"(ab)a Councillor who was previously elected at a countback occurring after the original election referred to in paragraph (a); or".

40Statute law revision amendment

In section 329(7), (8) and (9) of the Local Government Act 2020, for "362" substitute "361".

41New section 330B inserted

After section 330A of the Local Government Act 2020 insert

"330B   Transitional provision—Local Government Legislation Amendment (Rating and Other Matters) Act 2022

(1)Section 145, as substituted by section 20 of the Local Government Legislation Amendment (Rating and Other Matters) Act 2022, does not apply to an application made under section 143, or an internal arbitration process commenced, before the substitution of section 145.

(2)Section 147A does not apply to anything done or omitted to be done by an arbiter before the commencement of that section.".

Part 4—Amendment of Essential Services Commission Act 2001

42Functions of the Commission

(1)In section 10(ka) of the Essential Services Commission Act 2001, after "Part" insert "8 or".

(2)Section 10(kb) of the Essential Services Commission Act 2001 is repealed.

Part 5—Amendment of Accident Compensation Act 1985

43Statute law revision amendment

In section 82(2A)(d) of the Accident Compensation Act 1985, for "section 154 of the Local Government Act 2020" substitute "section 81B of the Local Government Act 1989 (as in force before its repeal)".

Part 6—Amendment of Workplace Injury Rehabilitation and Compensation Act 2013

44When no entitlement to compensation

In section 40(1)(d) of the Workplace Injury Rehabilitation and Compensation Act 2013, after "section" insert "143 or".

45New section 624 inserted

At the end of Part 13 of the Workplace Injury Rehabilitation and Compensation Act 2013 insert

"624   Transitional provision—Local Government Legislation Amendment (Rating and Other Matters) Act 2022

Section 40(1)(d), as amended by section 44 of the Local Government Legislation Amendment (Rating and Other Matters) Act 2022, applies to a claim for compensation made on or after the commencement of that amendment."


Part 7—Amendment of Domestic Animals Act 1994

46Definitions

In section 3(1) of the Domestic Animals Act 1994 insert the following definition—

"Council land means—

(a)land owned or managed by a Council; or

Examples

Parks and road reserves.

(b)roads and public highways that a Council has the care and management of under section 205 of the Local Government Act 1989;".

47Regulations

After section 100(1)(fa) of the Domestic Animals Act 1994 insert

"(fab)reuniting seized or found dogs and cats with owners, including matters relating to—

(i)identifying and contacting the owners of seized or found dogs and cats; and

(ii)relinquishing or delivering seized or found dogs and cats; and

(fac)the duties and obligations of Council authorised officers and Council contracted authorised officers in relation to deceased dogs and cats found on Council land including identifying and contacting the owners of found deceased dogs and cats; and".

Part 8—Repeal of this Act

48Repeal of this Act

This Act is repealed on 20 June 2024.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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Endnotes

1   General information

See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.


Minister's second reading speech—

Legislative Assembly: 8 June 2022

Legislative Council: 23 June 2022

The long title for the Bill for this Act was "A Bill for an Act to amend the Local Government Act 1989 in relation to rates and charges, to make miscellaneous and technical amendments to the Local Government Act 2020, to make miscellaneous and technical amendments to the Essential Services Commission Act 2001, the Accident Compensation Act 1985 and the Workplace Injury Rehabilitation and Compensation Act 2013, to amend the Domestic Animals Act 1994 in relation to reuniting pets with owners, and for other purposes."

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