This regulation may be cited as the Local Government Legislation Amendment Regulation (No. 1) 2020.
(1)The following provisions commence on 12 October 2020 immediately after the commencement of the Local Government Legislation (Integrity) Amendment Regulation 2020, section 27—(a)section 21;(b)section 22;(c)section 23, to the extent it inserts section 303;(d)section 24;(e)section 47;(f)section 48, to the extent it inserts section 364;(g)section 49.(2)The following provisions commence on 1 January 2021—(a)sections 27 to 30;(b)section 48, to the extent it inserts section 359.
Part 2 Amendment of City of Brisbane Regulation 2012
This part amends the City of Brisbane Regulation 2012.
4Insertion of new ch 4, pt 9, div 4
Chapter 4, part 9—
insert—110A Council may make extraordinary decisions—Act, s 96A
(1)For the 2020–2021 financial year, the council may decide, by resolution made other than at the council budget meeting for the financial year, what rates and charges are to be levied for the period of the financial year—(a)starting on a day not earlier than the day the resolution is made; and(b)ending on 30 June 2021.(2)Subject to subsection (3), this regulation applies in relation to an extraordinary decision as if it were made at the council budget meeting for the 2020–2021 financial year.(3)For applying a provision of this regulation in relation to an extraordinary decision—(a)a reference to a budget meeting is taken to be a reference to the meeting at which the extraordinary decision is made; and(b)the provision applies with any other necessary changes.This division expires on 30 June 2021.
5Amendment of s 124 (What are overdue rates or charges and when do they become overdue)
(1)Section 124(1)—
insert—(ba)if the council decides to sell land under section 132 and the land is not sold within 1 year after the council gives the registered owner a notice of intention to sell—the expenses incurred by the council in relation to selling the land; and(2)Section 124(1)(ba) and (c)—
renumber as section 124(1)(c) and (d).(3)Section 124—
insert—(7)The expenses mentioned in subsection (1)(c) become overdue 1 year after the notice of intention to sell is given to the registered owner.
6Amendment of s 133 (When procedures for selling land must be started)
(1)Section 133, heading, ‘be started’—
omit, insert—start and end
(2)Section 133(2)—
omit, insert—(2)The council must start the procedures mentioned in section 134(4) for selling the land within 6 months after the council gives the notice of intention to sell the land to the registered owner of the land.(3)Section 133(3)—
omit, insert—(3)The council must end the procedures at the earliest of the following—(a)the council is paid—(i)the amount of the overdue rates or charges; and(ii)all expenses that the council incurs in attempting to sell the land;(b)the land is sold;(c)1 year after the notice of intention to sell is given to the registered owner.(4)If the council ends the procedures under subsection (3)(c), nothing in this section prevents the council from deciding to sell the land again under section 132(2).
7Amendment of s 134 (Procedures for selling land)
(1)Section 134(4)—
omit.(2)Section 134(5)(b)—
omit, insert—(b)publish the auction notice on the council’s website; and(3)Section 134(5)—
insert—(e)take all reasonable steps to publish the auction notice in another way to notify the public about the sale of the land.Examples of other ways to publish the auction notice—
publish the auction notice in a newspaper that is circulating generally in Brisbane or on a real estate trading website(4)Section 134—
insert—(7)In this section—auction notice, for a sale of land by auction, means a written notice stating—(a)the day, time and place of the auction; and(b)a full description of the land.(5)Section 134(5) to (7)—
renumber as section 134(4) to (6).
8Amendment of s 135 (Conduct of auction)
(1)Section 135(1), after ‘price for’—
insert—the land at
(2)Section 135(2)—
omit, insert—(2)If the reserve price for the land is not reached at the auction, the council may enter into negotiations with any bidder who attended the auction to sell the land by agreement.(3)Section 135(3), from ‘be more’—
omit, insert—not be less than the reserve price for the land.
(4)Section 135(4) and (5)—
omit.
9Replacement of s 136 (Procedures after sale of land to council)
Section 136—
omit, insert—136Procedures for selling land by another auction or negotiation
(1)The council may, after the day of the auction, decide to continue to offer the land for sale by another auction, or sale by negotiation, under this section.(2)The council must end any negotiations entered into under section 135(2) when it makes a decision under subsection (1).(3)Sections 134(3) to (5) and 135 apply to the preparation and conduct of any subsequent sale by auction under this section.(4)The council must prepare a sales notice if it decides to offer the land for sale by negotiation under this section.(5)The council must—(a)give a copy of the sales notice to each interested party who was given a notice of intention to sell the land; and(b)publish the sales notice on the council’s website; and(c)display the sales notice in a conspicuous place in the council’s public office; and(d)display the sales notice in a conspicuous place on the land unless it is not reasonably practicable to do so because the land is in a remote location or difficult to access; and(e)take all reasonable steps to publish the sales notice in another way to notify the public about the sale of the land.Examples of other ways to publish the sales notice—
publish the sales notice in a newspaper that is circulating generally in Brisbane or on a real estate trading website(6)However, if—(a)the land is a building unit; and(b)it is not practicable to display the sales notice in a conspicuous place on the land;the notice may be displayed in a conspicuous part of the common property for the building units.(7)The council must ensure that the price for land offered for sale by negotiation under this section is at least—(a)the market value of the land; or(b)the higher of the following—(i)the amount of overdue rates or charges on the land;(ii)the value of the land.(8)In this section—sales notice, for a sale of land by negotiation, means a written notice stating—(a)the land is for sale by negotiation; and(b)a full description of the land.
10Amendment of s 137 (Procedures after sale of land other than to council)
(1)Section 137, heading, ‘other than to council’—
omit.(2)Section 137(1), from ‘at auction under’—
omit, insert—under this subdivision.
(3)Section 137(2)(a), ‘division’—
omit, insert—subdivision
11Amendment of s 160 (Preparation and content of budget)
Section 160(6), ‘previous budget’—
omit, insert—budget for the previous financial year
12Insertion of new ch 5, pt 2, div 3A
Chapter 5, part 2—
insert—165A Amendment of annual budget—Act, s 96A
(1)This section applies if the council makes an extraordinary decision.See section 96A of the Act, and chapter 4, part 9, division 4 of this regulation, in relation to the council making extraordinary decisions about rates and charges for a relevant part of the 2020–2021 financial year.(2)The council must, at the meeting at which the extraordinary decision is made, amend the annual budget for the 2020–2021 financial year to take account of the extraordinary decision.(3)If the annual budget does not comply with the following when it is amended, the amendment of the budget is of no effect—(a)section 160;(b)the council’s extraordinary decision.(4)The council must adopt an annual budget amended in compliance with this section.This division expires on 30 June 2021.
13Amendment of s 182 (Other contents)
Section 182(1)(e), ‘section 218(7)’—
omit, insert—section 218(8)
14Insertion of new ch 5, pt 11, div 3
Chapter 5, part 11—
insert—203A Notices for notifiable events and governing documents
(1)Subsection (2) applies if—(a)a controlled entity of the council is established or abolished (a notifiable event); or(b)an entity becomes a controlled entity, or stops being a controlled entity, of the council (also a notifiable event).(2)The council must, within 14 days after the notifiable event happens, give the Minister—(a)a notice stating the following—(i)the name of the controlled entity;(ii)a description of the notifiable event;(iii)when the notifiable event happened; and(b)any documents, including governing documents, about the controlled entity that the council considers to be relevant to the notifiable event.(3)If a governing document of a controlled entity of the council changes, the council must, within 14 days of the change happening, give the Minister—(a)a notice stating details of the change; and(b)a copy of the governing document as amended.(4)In this section—governing document, of a controlled entity, means a document that governs the activities of the controlled entity or the members of the controlled entity.Examples of governing documents of a controlled entity—
the constitution of the controlled entity, a statement of corporate intent203B Council to obtain copy of audited financial statements of controlled entities
(1)This section applies if the financial statements of a controlled entity of the council are audited under the Auditor-General Act 2009.(2)The council must obtain a copy of the audited financial statements of the controlled entity from—(a)the controlled entity; or(b)if the controlled entity is subject to the control of another entity and the other entity is subject to the control of the council—the other entity.(3)The mayor must present the copy of the audited financial statements at the next ordinary meeting of the council.(4)The council must ensure that, within 14 days after the copy of the audited financial statements is presented at the meeting, the copy is, or a link to the copy is, published on the council’s website.
15Amendment of s 208 (Power to choose strategic approach)
Section 208(3)(c)—
omit, insert—(c)be published on the council’s website, and in another way the chief executive officer considers appropriate, at least 4 weeks before the meeting.
16Amendment of s 218 (Tender process)
(1)Section 218(2)(b), ‘subsection (6)(b)’—
omit, insert—subsection (7)(b)
(2)Section 218(4) and (5)—
omit, insert—(4)The invitation for tenders must—(a)be published on the council’s website for at least 21 days; and(b)allow written tenders to be given to the council while the invitation is published on the website.(5)The invitation for expressions of interest must—(a)be published on the council’s website for at least 21 days; and(b)allow written expressions of interest to be given to the council while the invitation is published on the website.(5A)Also, the council must take all reasonable steps to publish the invitation for tenders or invitation for expressions of interest in another way to notify the public about the tender process.publishing an invitation in an industry publication or on the QTENDERS website(3)Section 218(6), ‘subsection (5)’—
omit, insert—subsection (5) or (6)
(4)Section 218(7)(a), ‘subsection (4) or (6)(b)’—
omit, insert—subsection (4) or (7)(b)
(5)Section 218(5A) to (9)—
renumber as section 218(6) to (10).
17Amendment of s 221 (Exception for contractor on approved contractor list)
Section 221(4)—
omit, insert—(4)The council must put together the approved contractor list by—(a)publishing an invitation for expressions of interest from suitably qualified persons for at least 21 days on the council’s website; and(b)taking all reasonable steps to publish the invitation in another way to notify the public about the making of the approved contractor list; andpublishing an invitation in an industry publication or on the QTENDERS website(c)allowing written expressions of interest to be given to the council while the invitation is published on the website; and(d)choosing persons for the approved contractor list on the basis of the sound contracting principles.
18Amendment of s 222 (Exception for register of pre-qualified suppliers)
(1)Section 222(2), ‘subsections (3) to (6)’—
omit, insert—subsections (3) to (7)
(2)Section 222(5)—
omit, insert—(5)The invitation must—(a)be published on the council’s website for at least 21 days; and(b)allow written tenders to be given to the council while the invitation is published on the website.(5A)Also, the council must take all reasonable steps to publish the invitation in another way to notify the public about establishing the register of pre-qualified suppliers.publishing an invitation in an industry publication or on the QTENDERS website(3)Section 222(5A) to (7)—
renumber as section 222(6) to (8).
19Amendment of s 223 (Exception for a preferred supplier arrangement)
(1)Section 223(2), ‘subsections (3) to (8)’—
omit, insert—subsections (3) to (9)
(2)Section 223(4)—
omit, insert—(4)The invitation to tender for a preferred supplier arrangement must—(a)be published on the council’s website for at least 21 days; and(b)allow written tenders to be given to the council while the invitation is published on the website; and(c)describe the terms of the preferred supplier arrangement.(4A)Also, the council must take all reasonable steps to publish the invitation in another way to notify the public about the tender process.publishing an invitation in an industry publication or on the QTENDERS website(3)Section 223(8), ‘subsection (7)’—
omit, insert—subsection (8)
(4)Section 223(4A) to (8)—
renumber as section 223(5) to (9).
20Amendment of s 235 (Publication of remuneration decisions)
Section 235, from ‘the decision—’
omit, insert—the decision on the council’s website and in any other way the chief executive officer considers appropriate.
21Amendment of s 271 (Who may inspect a register of interests)
Section 271(1), ‘viewed’—
omit, insert—inspected
22Replacement of s 273 (Publication of register of interests of councillors)
Section 273—
omit, insert—273Making available particular registers of interests and extracts of those registers
(1)The council must make a copy of the register of interests of each councillor available for inspection at the council’s public office.(2)Also, the council must make an extract of the register of interests of each councillor available for inspection on the council’s website.(3)The extract of the register of interests must show the particulars mentioned in schedule 3—(a)for each interest mentioned in schedule 3A, column 1 held by the councillor; and(b)for the period mentioned in schedule 3A, column 2 opposite the interest.(4)If the register of interests for a councillor changes, the copy and extract of the register must be amended to reflect the change as soon as practicable, but no later than 5 business days, after the change happens.
23Insertion of new ch 10, pt 9
Chapter 10—
insert—In this part—former, for a provision of this regulation, means the provision as in force from time to time before the commencement.new, for a provision of this regulation, means the provision as in force from the commencement.299Selling land for overdue rates or charges
(1)This section applies if—(a)before the commencement, the council decided to sell land under section 132(2); and(b)on the commencement, the land has not been sold or taken to have been sold under section 135(4).(2)Former chapter 4, part 12 continues to apply in relation to the sale of the land.300Copy of audited financial statements of controlled entities for financial year ending 30 June 2020
Section 203B does not apply to the council in relation to the copy of the audited financial statements of a controlled entity of the council for the financial year ending 30 June 2020.301Existing notices about resolution to apply strategic contracting procedures
(1)This section applies if—(a)before the commencement, the council published a notice under former section 208(3)(c); and(b)on the commencement, the meeting to which the notice relates has not been held.(2)The notice continues in effect as if it were a notice under new section 208(3)(c).302Existing invitations to tender and invitations for expressions of interest
(1)This section applies if—(a)before the commencement, the council advertised an invitation to tender or invitation for expressions of interest under former section 218(4)(a), 218(5)(a), 221(4)(a), 222(5)(a) or 223(4)(a); and(b)on the commencement, the period for giving a tender or expression of interest in response to the invitation under former section 218, 221, 222 or 223 has not ended.(2)The invitation continues in effect as if it were an invitation under new section 218(4)(a), 218(5)(a), 221(4)(a), 222(5)(a) or 223(4)(a).303Registers of interests of councillors
(1)The council must ensure that an extract of the register of interests for each councillor is made available for inspection under new section 273 within 35 days after the commencement.(2)Former section 273 continues to apply to the register of interests of a councillor until the council makes an extract of the register available for inspection under new section 273.
After schedule 3—
insert—section 273(3)
25Amendment of sch 4 (Dictionary)
(1)Schedule 4—
insert—control, in relation to a controlled entity of the council, means control within the meaning of the Auditor-General Act 2009, section 5.controlled entity, of the council, means a controlled entity under the Auditor-General Act 2009, section 5, subject to the control of—(a)the council, whether on its own or with 1 or more other entities; or(b)an entity subject to the control of the council, whether on its own or with 1 or more other entities.(2)Schedule 4, definition pre-qualified supplier, ‘section 222(7)’—
omit, insert—section 222(8)
Part 3 Amendment of Local Government Regulation 2012
This part amends the Local Government Regulation 2012.
27Amendment of s 66 (Imposition of levy)
Section 66(1), ‘31 December 2020’—
omit, insert—31 December 2021
28Amendment of s 67 (Payment of levy)
Section 67(1)—
omit, insert—(1)Each Kuranda rail operator must, within 6 months after the end of each financial year for which the tourist infrastructure levy is imposed, pay the State the amount of the levy imposed on the operator during the financial year.
29Amendment of s 68 (Obligation to give annual statements)
Section 68(1)—
omit, insert—(1)Each Kuranda rail operator must, within 6 months after each financial year ends, give the chief executive a written statement for the financial year that complies with subsection (2).
30Amendment of s 70 (Expiry)
Section 70, ‘30 June 2021’—
omit, insert—30 June 2022
31Insertion of new ch 4, pt 9, div 4
Chapter 4, part 9—
insert—118A Local governments may make extraordinary decisions—Act, s 94A
(1)For the 2020–2021 financial year, a local government may decide, by resolution made other than at the local government’s budget meeting for the financial year, what rates and charges are to be levied for the period of the financial year—(a)starting on a day not earlier than the day the resolution is made; and(b)ending on 30 June 2021.(2)Subject to subsection (3), this regulation applies in relation to an extraordinary decision as if it were made at the local government’s budget meeting for the 2020–2021 financial year.(3)For applying a provision of this regulation in relation to an extraordinary decision—(a)a reference to a budget meeting is taken to be a reference to the meeting at which the extraordinary decision is made; and(b)the provision applies with any other necessary changes.This division expires on 30 June 2021.
32Amendment of s 132 (What are overdue rates or charges and when do they become overdue)
(1)Section 132(1)—
insert—(ba)if the local government decides to sell land under section 140 and the land is not sold within 1 year after the local government gives the registered owner a notice of intention to sell—the expenses incurred by the local government in relation to selling the land; and(2)Section 132(1)(ba) and (c)—
renumber as section 132(1)(c) and (d).(3)Section 132—
insert—(7)The expenses mentioned in subsection (1)(c) become overdue 1 year after the notice of intention to sell is given to the registered owner.
33Amendment of s 141 (When procedures for selling land must be started)
(1)Section 141, heading, ‘be started’—
omit, insert—start and end
(2)Section 141(2)—
omit, insert—(2)The local government must start the procedures mentioned in section 142(4) for selling the land within 6 months after the local government gives the notice of intention to sell the land to the registered owner of the land.(3)Section 141(3)—
omit, insert—(3)The local government must end the procedures at the earliest of the following—(a)the local government is paid—(i)the amount of the overdue rates or charges; and(ii)all expenses that the local government incurs in attempting to sell the land;(b)the land is sold;(c)1 year after the notice of intention to sell is given to the registered owner.(4)If the local government ends the procedures under subsection (3)(c), nothing in this section prevents the local government from deciding to sell the land again under section 140(2).
34Amendment of s 142 (Procedures for selling land)
(1)Section 142(4)—
omit.(2)Section 142(5)(b)—
omit, insert—(b)publish the auction notice on the local government’s website; and(3)Section 142(5)—
insert—(e)take all reasonable steps to publish the auction notice in another way to notify the public about the sale of the land.Examples of other ways to publish the auction notice—
publish the auction notice in a newspaper that is circulating generally in the local government area or on a real estate trading website(4)Section 142—
insert—(7)In this section—auction notice, for a sale of land by auction, means a written notice stating—(a)the day, time and place of the auction; and(b)a full description of the land.(5)Section 142(5) to (7)—
renumber as section 142(4) to (6).
35Amendment of s 143 (Conduct of auction)
(1)Section 143(1), after ‘price for’—
insert—the land at
(2)Section 143(2)—
omit, insert—(2)If the reserve price for the land is not reached at the auction, the local government may enter into negotiations with any bidder who attended the auction to sell the land by agreement.(3)Section 143(3), from ‘be more’—
omit, insert—not be less than the reserve price for the land.
(4)Section 143(4) and (5)—
omit.
36Replacement of s 144 (Procedures after sale of land to local government)
Section 144—
omit, insert—144Procedures for selling land by another auction or negotiation
(1)The local government may, after the day of the auction, decide to continue to offer the land for sale by another auction, or sale by negotiation, under this section.(2)The local government must end any negotiations entered into under section 143(2) when it makes a decision under subsection (1).(3)Sections 142(3) to (5) and 143 apply to the preparation and conduct of any subsequent sale by auction under this section.(4)The local government must prepare a sales notice if it decides to offer the land for sale by negotiation under this section.(5)The local government must—(a)give a copy of the sales notice to each interested party who was given a notice of intention to sell the land; and(b)publish the sales notice on the local government’s website; and(c)display the sales notice in a conspicuous place in the local government’s public office; and(d)display the sales notice in a conspicuous place on the land unless it is not reasonably practicable to do so because the land is in a remote location or difficult to access; and(e)take all reasonable steps to publish the sales notice in another way to notify the public about the sale of the land.Examples of other ways to publish the sales notice—
publish the sales notice in a newspaper that is circulating generally in the local government area or on a real estate trading website(6)However, if—(a)the land is a building unit; and(b)it is not practicable to display the sales notice in a conspicuous place on the land;the notice may be displayed in a conspicuous part of the common property for the building units.(7)The local government must ensure that the price for land offered for sale by negotiation under this section is at least—(a)the market value of the land; or(b)the higher of the following—(i)the amount of overdue rates or charges on the land;(ii)the value of the land.(8)In this section—sales notice, for a sale of land by negotiation, means a written notice stating—(a)the land is for sale by negotiation; and(b)a full description of the land.
37Amendment of s 145 (Procedures after sale of land other than to local government)
(1)Section 145, heading, ‘other than to local government’—
omit.(2)Section 145(1), from ‘at auction under’—
omit, insert—under this subdivision.
(3)Section 145(2)(a), ‘division’—
omit, insert—subdivision
38Amendment of s 169 (Preparation and content of budget)
Section 169(6), ‘previous budget’—
omit, insert—budget for the previous financial year
39Insertion of new ch 5, pt 2, div 3A
Chapter 5, part 2—
insert—173A Amendment of annual budget—Act, s 94A
(1)This section applies if a local government makes an extraordinary decision.See section 94A of the Act, and chapter 4, part 9, division 4 of this regulation, in relation to a local government making extraordinary decisions about rates and charges for a relevant part of the 2020–2021 financial year.(2)The local government must, at the meeting at which the extraordinary decision is made, amend the annual budget for the 2020–2021 financial year to take account of the extraordinary decision.(3)If the annual budget does not comply with the following when it is amended, the amendment of the budget is of no effect—(a)section 169;(b)the local government’s extraordinary decision.(4)The local government must adopt an annual budget amended in compliance with this section.This division expires on 30 June 2021.
40Amendment of s 190 (Other contents)
Section 190(1)(e), ‘section 228(7)’—
omit, insert—section 228(8)
41Insertion of new ch 5, pt 11, div 3
Chapter 5, part 11—
insert—213A Notices for notifiable events and governing documents
(1)Subsection (2) applies if—(a)a controlled entity of a local government is established or abolished (a notifiable event); or(b)an entity becomes a controlled entity, or stops being a controlled entity, of a local government (also a notifiable event).(2)The local government must, within 14 days after the notifiable event happens, give the Minister—(a)a notice stating the following—(i)the name of the controlled entity;(ii)a description of the notifiable event;(iii)when the notifiable event happened; and(b)any documents, including governing documents, about the controlled entity that the local government considers to be relevant to the notifiable event.(3)If a governing document of a controlled entity of a local government changes, the local government must, within 14 days of the change happening, give the Minister—(a)a notice stating details of the change; and(b)a copy of the governing document as amended.(4)In this section—governing document, of a controlled entity, means a document that governs the activities of the controlled entity or the members of the controlled entity.Examples of governing documents of a controlled entity—
the constitution of the controlled entity, a statement of corporate intent213B Local government to obtain copy of audited financial statements of controlled entities
(1)This section applies if the financial statements of a controlled entity of a local government are audited under the Auditor-General Act 2009.(2)The local government must obtain a copy of the audited financial statements of the controlled entity from—(a)the controlled entity; or(b)if the controlled entity is subject to the control of another entity and the other entity is subject to the control of the local government—the other entity.(3)The mayor must present the copy of the audited financial statements at the next ordinary meeting of the local government.(4)The local government must ensure that, within 14 days after the copy of the audited financial statements is presented at the meeting, the copy is, or a link to the copy is, published on the local government’s website.
42Amendment of s 218 (Power to choose strategic approach)
Section 218(3)(c)—
omit, insert—(c)be published on the local government’s website, and in another way the chief executive officer considers appropriate, at least 4 weeks before the meeting.
43Amendment of s 228 (Tender process)
(1)Section 228(2)(b), ‘subsection (6)(b)’—
omit, insert—subsection (7)(b)
(2)Section 228(4) and (5)—
omit, insert—(4)The invitation for tenders must—(a)be published on the local government’s website for at least 21 days; and(b)allow written tenders to be given to the local government while the invitation is published on the website.(5)The invitation for expressions of interest must—(a)be published on the local government’s website for at least 21 days; and(b)allow written expressions of interest to be given to the local government while the invitation is published on the website.(5A)Also, the local government must take all reasonable steps to publish the invitation for tenders or invitation for expressions of interest in another way to notify the public about the tender process.publishing an invitation in an industry publication or on the QTENDERS website(3)Section 228(6), ‘subsection (5)’—
omit, insert—subsection (5) or (6)
(4)Section 228(7), ‘subsection (4) or (6)(b)’—
omit, insert—subsection (4) or (7)(b)
(5)Section 228(5A) to (9)—
renumber as section 228(6) to (10).
44Amendment of s 231 (Exception for contractor on approved contractor list)
Section 231(4)—
omit, insert—(4)The local government must put together the approved contractor list by—(a)publishing an invitation for expressions of interest from suitably qualified persons for at least 21 days on the local government’s website; and(b)taking all reasonable steps to publish the invitation in another way to notify the public about the making of the approved contractor list; andpublishing an invitation in an industry publication or on the QTENDERS website(c)allowing written expressions of interest to be given to the local government while the invitation is published on the website; and(d)choosing persons for the approved contractor list on the basis of the sound contracting principles.
45Amendment of s 232 (Exception for register of pre-qualified suppliers)
(1)Section 232(2), ‘subsections (3) to (6)’—
omit, insert—subsections (3) to (7)
(2)Section 232(5)—
omit, insert—(5)The invitation must—(a)be published on the local government’s website for at least 21 days; and(b)allow written tenders to be given to the local government while the invitation is published on the website.(5A)Also, the local government must take all reasonable steps to publish the invitation in another way to notify the public about establishing the register of pre-qualified suppliers.publishing an invitation in an industry publication or on the QTENDERS website(3)Section 232(5A) to (7)—
renumber as section 232(6) to (8).
46Amendment of s 233 (Exception for a preferred supplier arrangement)
(1)Section 233(2), ‘subsections (3) to (8)’—
omit, insert—subsections (3) to (9)
(2)Section 233(4)—
omit, insert—(4)The invitation to tender for a preferred supplier arrangement must—(a)be published on the local government’s website for at least 21 days; and(b)allow written tenders to be given to the local government while the invitation is published on the website; and(c)describe the terms of the preferred supplier arrangement.(4A)Also, the local government must take all reasonable steps to publish the invitation in another way to notify the public about the tender process.publishing an invitation in an industry publication or on the QTENDERS website(3)Section 233(8), ‘subsection (7)’—
omit, insert—subsection (8)
(4)Section 233(4A) to (8)—
renumber as section 233(5) to (9).
47Replacement of s 295 (Publication of register of interests of councillors)
Section 295—
omit, insert—295Making available particular registers of interests and extracts of those registers
(1)A local government must make a copy of the register of interests of each councillor available for inspection at the local government’s public office(2)Also, the local government must make an extract of the register of interests of each councillor available for inspection on the local government’s website.(3)The extract of the register of interests must show the particulars mentioned in schedule 5—(a)for each interest mentioned in schedule 5A, column 1 held by the councillor; and(b)for the period mentioned in schedule 5A, column 2 opposite the interest.(4)If the register of interests for a councillor changes, the copy and extract of the register must be amended to reflect the change as soon as practicable, but no later than 5 business days, after the change happens.
Before schedule 1—
insert—Chapter 20 Transitional provisions for Local Government Legislation Amendment Regulation (No. 1) 2020
In this chapter—former, for a provision of this regulation, means the provision as in force from time to time before the commencement.new, for a provision of this regulation, means the provision as in force from the commencement.359 Levy for 2020–2021 financial year
(1) New section 67(1) applies to the financial year ending on 30 June 2021 (the 2020–2021 financial year).(2) If, before the commencement, a Kuranda rail operator paid the State an amount of a tourist infrastructure levy imposed during the 2020–2021 financial year under former section 67(1), the amount—(a) is taken to have been paid under new section 67(1) in advance; and(b) must be deducted from the amount that is payable under new section 67(1) for the 2020–2021 financial year.360Selling land for overdue rates or charges
(1)This section applies if—(a)before the commencement, the local government decided to sell land under section 140(2); and(b)on the commencement, the land has not been sold or taken to have been sold under section 143(4).(2)Former chapter 4, part 12 continues to apply in relation to the sale of the land.361Copy of audited financial statements of controlled entities for financial year ending 30 June 2020
Section 213B does not apply to a local government in relation to the copy of the audited financial statements of a controlled entity of the local government for the financial year ending 30 June 2020.362Existing notices about resolution to apply strategic contracting procedures
(1)This section applies if—(a)before the commencement, a local government published a notice under former section 218(3)(c); and(b)on the commencement, the meeting to which the notice relates has not been held.(2)The notice continues in effect as if it were a notice under new section 218(3)(c).363Existing invitations to tender and invitations for expressions of interest
(1)This section applies if—(a)before the commencement, a local government advertised an invitation to tender or invitation for expressions of interest under former section 228(4)(a), 228(5)(a), 231(4)(a), 232(5)(a) or 233(4)(a); and(b)on the commencement, the period for giving a tender or expression of interest in response to the invitation under former section 228, 231, 232 or 233 has not ended.(2)The invitation continues in effect as if it were an invitation under new section 228(4)(a), 228(5)(a), 231(4)(a), 232(5)(a) or 233(4)(a).364Registers of interests of councillors
(1)A local government must ensure that the extract of the register of interests for each councillor is made available for inspection under new section 295 within 35 days after the commencement.(2)Former section 295 continues to apply to the register of interests of a councillor until the local government makes an extract of the register available for inspection under new section 295.
After schedule 5—
insert—section 295(3)
50Amendment of sch 8 (Dictionary)
(1)Schedule 8—
insert—control, in relation to a controlled entity of a local government, means control within the meaning of the Auditor-General Act 2009, section 5.controlled entity, of a local government, means a controlled entity under the Auditor-General Act 2009, section 5, subject to the control of—(a)the local government, whether on its own or with 1 or more other entities; or(b)an entity subject to the control of the local government, whether on its own or with 1 or more other entities.(2)Schedule 8, definition pre-qualified supplier, ‘section 232(7)’—
omit, insert—section 232(8)