Local Government Regulations Amendment (Gifts) Regulations 2019 (WA)
18 October 2019 GOVERNMENT GAZETTE, WA 3679 LOCAL GOVERNMENT
LG301
Local Government Act 1995
Local Government Regulations Amendment
(Gifts) Regulations 2019
Made by the Governor in Executive Council.
Part 1 — Preliminary
1. Citation
These regulations are the Local Government Regulations
Amendment (Gifts) Regulations 2019.2. Commencement
These regulations come into operation as follows —
(a) Part 1 — on the day on which these regulations are published in the Gazette;
(b) the rest of the regulations — on the day on which the Local Government Legislation Amendment Act 2019
section 26 comes into operation.
Part 2 — Local Government (Administration)
Regulations 1996 amended
3. Regulations amended
This Part amends the Local Government (Administration)
Regulations 1996.4. Part 6 heading amended
In the heading to Part 6 after “interests” insert:
and gifts
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5. Regulations 20A and 20B inserted
After regulation 20 insert:
20A. Amounts relating to gifts prescribed (Act
s. 5.62(1A), 5.68(1A), 5.71B(2) and (4), 5.87A(3)
and 5.87B(3))(1) The amount prescribed for the purposes of
sections 5.62(1A)(a)(i) and (ii), 5.87A(3)(a) and
5.87B(3)(a) is $300.(2) The amount prescribed for the purposes of
sections 5.68(1A)(b)(i) and (ii) and 5.71B(2)(a) and (4)
is $1 000.20B. Excluded gifts prescribed (Act s. 5.62(1B)(b)) For the purposes of section 5.62(1B)(b) a gift is an
excluded gift if the gift is made by any of the followingentities —
(a) WALGA; (b) Australian Local Government Association
Limited (ABN 31 008 613 876);
(c) Local Government Professionals Australia WA (ABN 91 208 607 072); (d) a department of the Public Service; (e) a government department of another State, a Territory or the Commonwealth; (f) a local government or regional local government. 6. Regulation 21 amended
In regulation 21:
(a) in paragraph (e)(iii) delete “subparagraph (ii);” and insert:
subparagraph (ii).
(b) delete paragraph (f).
18 October 2019 GOVERNMENT GAZETTE, WA 3681 7. Regulation 21A inserted
After regulation 21 insert:
21A. Information to be recorded in minutes of meeting
(Act s. 5.68(2)(b))For the purposes of section 5.68(2)(b) the following information is prescribed —
(a) a description of the gift; (b) the disclosing member’s estimated value of the gift at the time it was made;
(c) the name of the person who made the gift; (d) the town or suburb of the address of the person who made the gift; (e) the reasons for the decision.
8. Regulations 25 and 26 deleted
Delete regulations 25 and 26.
9. Regulation 28 amended
In regulation 28(a) delete “5.70 or 5.71 —” and insert:
5.70, 5.71 or 5.71A —
10. Regulation 28A replaced
Delete regulation 28A and insert:
28A. Register of gifts (Act s. 5.89A(3)) The register of gifts is to be in the form of Form 4. Note for this regulation: In the version of the register of gifts published under
section 5.89A(5) information about individuals’ addresses
must be modified as required by section 5.89A(5A).
28B. Transitional provision for register of gifts (1) In this regulation —
commencement day has the meaning given in
Schedule 9.3 clause 56(1);
former Form 4 means Form 4 as it was immediately
before commencement day;former record of disclosures means the record of disclosures that is required to be contained in the register of gifts under Schedule 9.3 clause 56(2).
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(2) Despite regulation 28A, to the extent that the register of gifts contains the former record of disclosures, it is to be in the form of former Form 4. 11. Part 9 heading amended
In the heading to Part 9 after “conduct” insert:
for employees
12. Part 9 Division 1 heading deleted
Delete the heading to Part 9 Division 1.
13. Regulation 34B amended
(1) In regulation 34B(1) in the definition of gift:
(a) delete “section 5.82(4)” and insert: section 5.57
(b) in paragraph (d) delete “Local Government Managers Australia WA Division Incorporated
(ABN 91 208 607 072);” and insert:
Local Government Professionals Australia WA
(ABN 91 208 607 072);
(2) Delete regulation 34B(5) and insert:
(5) A code of conduct is to require that the CEO —
(a) keep a register of notifiable gifts; and (b) record in the register details of notifications given to comply with a requirement made under subregulation (3); and (c) publish an up-to-date version of the register on the local government’s official website.
14. Part 9 Division 2 deleted
Delete Part 9 Division 2.
18 October 2019 GOVERNMENT GAZETTE, WA 3683 15. Schedule 1 Form 4 replaced
Delete Schedule 1 Form 4 and insert:
Form 4
[r. 28A]
Local Government Act 1995
Local Government (Administration) Regulations 1996
REGISTER OF GIFTS
Name of Description Name and Date Estimated Nature of For a gift that For an excluded gift person of gift address of gift was value of relationship is a travel under s. 5.62(1B)(a) —
making person received gift at between person contribution — the date of the
disclosure who made time it who made gift description and approval referred to in
gift was made and person who date of travel s. 5.62(1B)(a)(ii) and the received gift reasons for the approval
Part 3 — Local Government (Audit) Regulations 1996
amended
16. Regulations amended
This Part amends the Local Government (Audit)
Regulations 1996.17. Regulation 13 amended
In regulation 13 in the Table under the heading “Local
Government Act 1995”:
(a) after the item for s. 5.68(2) insert: s. 5.69(5)
(b) after the item for s. 5.70 insert: s. 5.71B(5) and (7)
Part 4 — Local Government (Rules of Conduct)
Regulations 2007 amended
18. Regulations amended
This Part amends the Local Government (Rules of Conduct)
Regulations 2007.
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19. Regulation 12 deleted
Delete regulation 12.
20. Part 2 Division 3 deleted
Delete Part 2 Division 3.
M. INGLIS, Clerk of the Executive Council.
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